Tag Archives: Special Education Due Process Hearings

DON'T THROW AWAY ANYTHING!!!

Published on December 22, 2010 by Jennifer Laviano

Sometimes it's difficult to know what to to be happy about as an attorney who represents children with disabilities.  As you can imagine, the facts that support a “really great special education case” are, by definition, at best unpleasant, and at worst horrific. It's an odd feeling, reviewing a child's special education records.  When I […]

Ask for the Email

Published on November 18, 2010 by Jennifer Laviano

Whenever parents retain my firm, I ask them to sign a form requesting all of their child's education records be sent to me as their special education lawyer.  It's a standard “FERPA” request…the easiest way to explain FERPA is that it is sort of like the educational version of HIPAA.  Bottom line is that I […]

The Calm Before The Storm

Published on June 29, 2010 by Jennifer Laviano

I feel a little guilty for having neglected my blog most of this month, but the volume of IEP meetings, mediation, and Due Process Hearing commitments has prohibited me from writing much other than responses to Motions to Dismiss, 10 day notice letters, and a whole lot of nasty grams! The month of June has […]

Connecticut Enacts Important Autism Legislation

Published on May 6, 2010 by Jennifer Laviano

Another late night at the Capitol last night, showing support for the passage of HB 5425.  Around midnight, just before the legislative session ended, the Senate voted by consent (unanimously) to pass HB 5425.  Yes, this is the same bill that previously included very concerning language regarding Connecticut’s Burden of Proof in special education due […]

IDEA Hearings: A Hearing Officer’s View

Published on April 6, 2010 by Jennifer Laviano

I have known of BJ Ebenstein for years, but only recently did I have the honor of getting to chat with her about the important legal issues that impact children with special education needs.  Since I have found in my Connecticut special education law practice that most parents have no idea what information is, and […]

Even a Broken Clock…

Published on March 25, 2010 by Jennifer Laviano

One of the hardest things about being a parents’ special education attorney is that there are times where you realize that the success or failure of the child’s case may depend on how capable the parent is at testifying.  That’s a tough pill to swallow. But every once in a while, you have a moment […]

Connecticut’s Burden of Proof, Redux

Published on March 6, 2010 by Jennifer Laviano

Here we go again. Last Spring, I wrote about how parents of children with special education needs in Connecticut, as well as their advocates and attorneys, organized to successfully oppose efforts by school districts to switch the Burden of Proof in Special Education Due Process Hearings from the school district, who has the burden now, […]

What NOT to Wear to Your Due Process Hearing

Published on February 10, 2010 by Jennifer Laviano

Many of my clients will ask me what to wear to their child’s special education Due Process Hearing.  As a matter of law, it should be entirely irrelevant to the proceedings what the parents of children with disabilities are wearing.  Impartial Hearing Officers are not saying “I found in favor of the school district because […]

It’s Worth It

Published on August 18, 2009 by Jennifer Laviano

Representing children and adolescents with special education needs is an honor and privilege, and I have to say that I really love my chosen field.   But some days it can also be exhausting and depressing.  School districts have the ability, and too often the inclination, to fight families over services, sometimes for years.  Time is […]

Should I Bring a Special Education Due Process Hearing?

Published on May 31, 2009 by Jennifer Laviano

Very often, I am asked by prospective and current clients in my Connecticut special education law practice whether or not they should bring a Due Process Hearing on behalf of their child with disabilities. This is a very tough question, and really can not be answered in a general way, since each case is as […]