Hearing season has come early this year. In years past, the earliest hearings would be typically held in February, but in the past December alone, Gottlieb & Wang LLP took 20 cases to hearing.
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A good deal of any legal practice involves emails — so many emails. It’s a great way to communicate, if the person you’re talking to is operating in good faith. I recently had a frustrating email exchange with someone from the DOE who may not have been above board with what they were telling me.
Read MoreI recently attended a very exciting question-and-answer session at New York City’s Churchill School alongside an attorney from another firm. Churchill School is a very reputable school for children with language-based learning disabilities in New York. For many, many years, it was state-approved and funded — which meant that if the City was inclined, it could directly pay for a student’s tuition there.
Read MoreThe parents and students who are stakeholders in the special education process form a vibrant community. They work together on goals, share strategies, and educate each other. Every once in a while, someone will come along with an article or open letter and essentially “nail” the sentiments of this community.
Read MoreIn my last post, I talked about how some laws have a claim exhaustion requirement. Claim exhaustion refers to the idea that a suing party must try all of the available remedies for one law before they sue under another law. In the IDEA’s case, that means parents have to take their case all the way to an independent hearing. That hearing’s outcome could put an end to the litigation — before other laws like the ADA could be invoked.
Read MoreWe’ve been scooped! On the day this newsletter was set to go out, the Supreme Court handed down the decision in Perez v. Sturgis Public Schools. The justices voted unanimously in favor of the student and his right to sue under the ADA — without exhausting his IDEA claims.
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