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Compensatory Services in the Age of COVID
Due to the COVID-19 outbreak, school districts across the country have struggled to meet their legal obligations as set forth in the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) for students...
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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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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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Pathways to Justice: Beyond Crisis De-Escalation Training
A persistent and much-debated question for criminal justice professionals has been the treatment of individuals with developmental disabilities as criminal defendants, as victims of crime, and as witnesses of crime. Issues arise from the moment of contact with a first responder. Since the...
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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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Planning for the Future: Guardianships and Special Needs Trusts
As your autistic child transitions into adulthood, you will need to address two very important legal issues: guardianships and special needs trusts. Once your child reaches the age of majority, you must consider whether a guardianship is appropriate. Further, regardless of the age of your child, it...
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A Brief Overview of the Special Needs Trust
You don’t have to look too far to find reports on how medical costs have skyrocketed - and this is just for the general population. For persons with disabilities, medical costs are typically greater by an order of magnitude. Also, a child with severe disabilities may be unable to live...
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When Behaviors Result in Real Trouble: Legal Challenges in Individuals with ASD
When we think about legal matters and individuals with ASD, we often think of the relationship between the law and advocacy. Legal entitlements apply to individuals with disabilities, a free and appropriate education is guaranteed, and certain accommodations must be made to make settings and...
