Category Archives: Special Education / School Law

NEW GUIDANCE HELPS SCHOOLS SUPPORT STUDENTS WITH DISABILITIES and AVOID DISCRIMINATORY USE OF DISCIPLINE

On July 19,2022, the Department of Education for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released guidance to assist public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities … Continue reading

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The Minor’s Right to Confidentiality under Illinois Law

Parents are often shocked at how much control their minor child has over their mental health records. In a post-dissolution of marriage proceeding, the petitioner mother sought to restrict the father’s parenting time with their minor child based on allegations … Continue reading

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The Child and Family Law Center: Advocating for the Legal Rights of Children for over 25 years

What does it take to win a Due Process Hearing? A due process hearing is one of the mechanisms for resolving disputes regarding special education services between parents and school districts. Other less formal options such as mediation or a … Continue reading

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Getting the Right Reading Intervention Shouldn’t Be So Hard

It has been nearly 26 years since I started my practice with a focus on special education law and advocacy for children and adolescents. The practice is and was inspired and informed by my own son’s struggle with dyslexia. I … Continue reading

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Co-Parenting in the Age of Coronavirus

There is no road map that allows us to provide hard guidance on how to manage parenting during this difficult time. Families are in unfamiliar territory. However, there are some things that hopefully will help you navigate co-parenting. Follow existing … Continue reading

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Rights of Teens Regarding Confidentiality under the Mental Health and Developmental Disabilities Confidentiality Act

Many parents who come to our office are surprised to learn that their child, if they are at least 12, must consent to the release of mental health information. Who has the right to the records protected by the Act? … Continue reading

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Karma

Last week I received a call from a lawyer who had reviewed a CLE presentation I had done on School Discipline. He was handling his first expulsion case and wanted some advice. I was busy and thought for a brief … Continue reading

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Reflections of a Special Education Lawyer

Yesterday, I traveled to Rockford, Illinois, to give a presentation on Special Education Law to a group of parents of children with autism. The parents had arrived early on a Saturday morning, anxious to hear how to navigate the labyrinth … Continue reading

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January 1, 2013

Happy New Year to all my clients and colleagues. The last several months have been very humbling and have provided me with a window into what having a disability means on a day to day basis. In late October, on … Continue reading

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When is a Therapeutic Non-Mainstream Placement Justified?

FAQ: What are the factors that schools and/or hearing officers consider when recommending or ordering a therapeutic day school?  Parents and/or schools should be prepared to demonstrate that the school considered and implemented reasonable interventions and supports to attempt to … Continue reading

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