Tag Archives: Special Education Law

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 [...]

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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 where [...]

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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, to [...]

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The Day After Graduation

Published on February 24, 2010 by Jennifer Laviano

One of the greatest things I’ve discovered since starting this blog is that there are so many lawyers and law students interested in practicing special education law who are thirsty for knowledge about how to get started.  I had the distinct pleasure of being contacted by Attorney Matthew Stoloff last year as he was [...]

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A Simple Question, Well Placed

Published on February 18, 2010 by Jennifer Laviano

Whenever I am asked to present to public school educators or special education administrators on the subject of the rights of children with disabilities, I try to remind them that, in every profession, continuing education should be embraced and appreciated.  This is because I have found so many problems when teachers feel threatened by a [...]

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Paging Dr. Freud

Published on February 15, 2010 by Jennifer Laviano

I guess I was due for a rant.
First, I get a vile comment on the blog that likened Asperger’s Disorder to a fad, and further blamed a number of disabilities on poor parenting.  Thankfully, you, my loyal readers, jumped on board and shamed this yahoo with your reasoned replies.  I have yet to learn more [...]

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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 [...]

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Should I Tape Record the IEP Meeting?

Published on January 24, 2010 by Jennifer Laviano

In my special education law practice in Connecticut, parents ask me all the time about tape recording their child’s IEP Team meetings.   Like most things, there are benefits and detriments to doing so, and I have heard parents’ attorneys and advocates come down on both sides of the question.  Some record each and every IEP [...]

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It’s a New Year, So Sue Me

Published on January 6, 2010 by Jennifer Laviano

Getting school systems to either fund additional special education services, or to reimburse parents who pay for necessary services themselves, has always been an uphill battle.  The reasons are numerous, but money is without question at the top of the list.  That’s nothing new.  However, over the years, most reasonable school district lawyers, and special education [...]

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Side Effects May Include Dry-Mouth

Published on December 27, 2009 by Jennifer Laviano

Am I the only one who yearns for the days before drug companies had ads on television?  Remember, back when, if your doctor thought you needed a medication, she would prescribe it?  Today, you are practically begged to self-diagnose, and only then ask your doctor “if it’s right for you.”  Serious psychiatric conditions are reduced [...]

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