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Special Education Due Process 101 – The Nuts and Bolts
A number of disputes and disagreements can arise between parents and school districts regarding a child’s special education programming. Some of these areas of disagreement may include identification, declassification, appropriateness of program, appropriateness of placement or services,...
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Autism and Law Enforcement: Training, and When to Say No
This article aims to stimulate discussion concerning the balance between teaching individuals with autism spectrum disorder (ASD) to trust law enforcement to keep them safe, and the need to interact with those same professionals in a way that preserves their rights. The lack of training to...
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Avoid Mistakes with Important Legal Forms
Many individuals have wills prepared, put their copies of the will away, and don’t think about their estate plan again. However, they should review their estate plan from time to time to make sure that their will and other legal documents, such as beneficiary designation forms and trusts, comport...
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Students with Disabilities and the Juvenile Justice System: What Parents Need to Know
Students with disabilities, including emotional and behavioral disorders, or learning and developmental disabilities, are at a higher risk for involvement in the juvenile justice system. A disabled youth may enter the “School-to-Prison Pipeline” because of the lack of an Individualized...
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ASD and the Local School District: How Parents Can Best Advocate for an Appropriate School Setting
Parents who have children with ASD can find themselves in a difficult situation when it comes to determining the right school setting for their child. As a special education attorney representing families in New York City, I have found that determining an appropriate school program and placement...
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Addressing Behavior in the School Setting for Students with Autism Spectrum Disorder
Problem and interfering behaviors are among the most challenging issues faced by school districts in their efforts to appropriately educate students with Autism Spectrum Disorder (ASD). These behaviors may be considered inappropriate, reduce instructional time, reduce the quality of instruction,...
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The Challenge of Early Intervention Law for Children with Autism Spectrum Disorders and their Families
In the contentious world surrounding Autism Spectrum Disorders (ASD), one issue bridges the gap among researchers, parents, advocates, health and educational professionals and policymakers -- Early Intervention (Part C of the IDEA) for infants and toddlers with ASD works and provides the best...
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Legal Guardianship: The Pros and Cons for Your Adult Disabled Child
What happens when your special needs child turns age 18? It’s a crucial question faced by every affected parent and family. The answer to the question, and special needs planning, means different things depending upon your state’s laws. How can you make certain you’ve done all you legally can...
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What Are Your Legal Entitlements Now That Your Child Has Been Diagnosed?
The Individuals with Disabilities Education Act (IDEA) is the federal law that governs the education of children with disabilities, including developmental delays. Your child with autism has the right to a free appropriate public education under the IDEA. Each state must provide all eligible...
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The Unique Legal Issues That Affect Children and Adults with High Functioning Autism and Asperger’s Syndrome
Over the last several years in our Special Needs Planning and Special Needs Advocacy practices, we have seen a significant increase in clients having a family member with high functioning Autism or Asperger’s Syndrome. Although not exhaustive, this article is intended to provide an overview of...