Category Archives: Mediation

Procedural safeguards The Series – Part VI

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This is the sixth installment in a multi-part series on procedural safeguards under the federal special education law, the Individuals With Disabilities Education Act. I work a lot in this area, so it is near and dear to my hea… Continue reading

Posted in dispute resolution, Education Law, Gerl, Individualized Education Program, Legal Information, Mediation, Special Education, special education law, United States Supreme Court | Comments Off

My Powers are Beyond Your Comprehension – Part II

Image via WikipediaFollowing up on the teaser regarding hearing officers and mediators:  I have long contended that Rodney Dangerfield is the patron saint of hearing officers. No respect – I tell you!  I have been at conferences where when pe… Continue reading

Posted in Gerl, hearing officer, IDEA, Mediation, Rodney Dangerfield | Comments Off

Ask for the Email

From Jennifer Laviano over on Connecticut Special Education Lawyer. 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 … Continue reading

Posted in Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, due process, due process hearings, eligibility, Eligibility determinations, Eligibility under IDEA, evaluations, FAPE, FERPA, FERPA issues, IDEA claims, IDEA Due Process Hearings, IEP Meetings, IEP Team, IEP Team meetings, IEPs, informed consent, Meaningful Parental participation, Mediation, Parent networking for disabilities, special ed records, Special Education, special education attorneys, Special Education Due Process Hearings, Special Education Law and Advocacy, Special Education Law practice, special education laws, special education lawyers, special education testing, Tips for Parents | Comments Off

The Calm Before The Storm

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 [...] Continue reading

Posted in Connecticut Education, Connecticut Special Education, Connecticut Special Education Law, due process, FAPE, IDEA, IDEA claims, IDEA Due Process Hearings, IEP Meetings, IEP Team, IEP Team meetings, IEP Team Members, IEPs, Meaningful Parental participation, Mediation, Parents, Special Education, special education attorneys, Special Education Due Process Hearings, Special Education Law and Advocacy, Special Education Law practice, special education laws, special education lawyers | Comments Off

CADRE Report On the Number of Special Ed Cases: Post Script

Image via WikipediaI know. You’re probably thinking, oh no, not more fun with numbers. But I must…Last week we provided our readers with an exclusive scoop on the CADRE report. Well, it wasn’t exclusive, CADRE had already released the document pub… Continue reading

Posted in Data, dispute resolution, education, Gerl, hearing, law, Mediation, resolution session, Special Education, special education law | Comments Off

Alexa Posny Interview – Part X

My recent interview with Dr. Alexa Posny, the new Assistant Secretary of Education for OSERS (the Office of Special Education and Rehabilitative Services) covered a lot of ground. This is the next to the last in a series of occasional posts concerning … Continue reading

Posted in communication, consent, Gerl, law, Mediation, Office of Special Education and Rehabilitative Services, Posny, revocation, Special Education, special education law | Comments Off

It’s a New Year, So Sue Me

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 [...] Continue reading

Posted in Connecticut Special Education, Connecticut Special Education Law, Current Affairs, due process hearings, IDEA claims, Mediation, negotiating with school districts, Settlement of special education claims, Special Education, special education law, Special Education Litigation | Comments Off

Enforcing Mediation Agreements

We’ve covered whether to attend a Mediation.  There are benefits and risks, but generally it is a forum which I recommend, where appropriate.
But what happens if you’ve already attended one, reached a Mediation Agreement, and the school district isn’t honoring it?
Unfortunately, in my special education law practice, I am regularly contacted by parents of children [...] Continue reading

Posted in Connecticut Special Education, Connecticut special education mediation, Enforceability of Mediation agreements, Mediation, mediation agreements, settlement agreements of special education complaints, Special Education, special education law, Tips for Parents, written agreements at mediation, written mediation agreements | Comments Off

There’s Water on the Moon…What about FAPE?

I had a discussion with a client today that went something like this:

Client:  “I’ve about had it with this school district!  If things don’t get better, I’m going to move.”

Me:       “You’re not moving anywhere, especially until you’ve spoken with me to make sure you’re not going from the frying pan into the fire.  Some districts [...] Continue reading

Posted in Connecticut Special Education, IDEA services, Mediation, Parents, Special Education, special education law, special education med | Comments Off