In New York City and the New York metro area, parents with special needs children have two educational options:
Live in NYC, pay lower taxes, and get their children placed in a potentially sub-par public school; or
Live in the neighboring suburbs, pay higher taxes, and have their children attend better public school systems.
The U.S. Supreme Court recently ruled 8-0 in favor of mandating a higher standard of education for children with disabilities in the case Endrew F. v. Douglas County School District.
The decision and its unanimity came as a bit of a shock, because the Court had not ruled on an IDEA issue since 1982’s Rowley v. Board of Education, in which it determined that the law required that an IEP (Individualized Education Program) be reasonably calculated to enable a child to receive some educational benefit.
Read MoreNavigating the ins and outs of the education system can be challenging — words and acronyms are casually tossed around and most people are unfamiliar with their meaning when they first enter the world of special education. This post is meant to serve as a reference of the most commonly used phrases in special education law. I hope it provides some context and helps shed some light on the meaning and origins of these terms.
Read MoreI was recently approached by a colleague from law school who had a question based on a situation that involved a family friend’s son who was denied speech therapy services by his public school.
Let me preface this by stating that I believe that children deserve every possible service that they are entitled to from the public school district. Unfortunately, a lack of parental preparedness or understanding of special education law from the outset can jeopardize this goal.
Read MoreThe “school-to-prison pipeline” is a phenomenon where children of vulnerable populations are improperly educated and disciplined, quit — or get forced out of — school, and end up incarcerated. In essence, failing students, often males of color who are learning disabled, are channeled into the juvenile discipline or criminal justice system.
Read MoreRecently, I had the privilege of presenting on the topic of special education law to a group of school teachers and administrators. It is important to approach this topic with the following foundational understanding:
General education is not mutually exclusive from special education. Many children with disabilities go through school with their disabilities undiagnosed or improperly identified. These children might simply present as students who struggle to self-organize. Their grades might slip without them ever failing enough to be noticed. They may develop anxiety or oppositional behaviors as adolescents, stemming from their difficulty with seemingly simple academic tasks.
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