Our office receives many calls asking about their child's rights related to Dyslexia. In a nutshell, the Individuals with Disabilities Education Act (IDEA) is the federal law governing special education throughout the country. The IDEA specifically lists...
Special Education Law
Augustin Egelsee L.L.P.
Hawaii – $10.25 Million Settlement Reached for Compensatory Services and Legal Fees.
E.R.K., by his legal guardian R.K., R.T.D., through his parents R.D. and M.D.; HAWAII DISABILITY RIGHTS CENTER, in a representative capacity on behalf of its clients and all others similarly situated, Plaintiffs, v. DEPARTMENT OF EDUCATION, State of Hawaii,...
Fry v. Napoleon Community Schools – United States Supreme Court (2017)
FRY ET VIR, AS NEXT FRIENDS OF MINOR E. F. v. NAPOLEON COMMUNITY SCHOOLS ET AL., United States Supreme Court No. 15-497 Argued: October 31, 2016 Decided: February 22, 2017 The Individuals with Disabilities Education Act (IDEA) offers federal funds to States in...
SPECIAL EDUCATION ELIGIBILITY – EMOTIONAL DISTURBANCE
Under the 2006 IDEA Part B regulations, 34 CFR 300.8 (c)(4)(i), Emotional Disturbance is specifically defined as "a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's...
WHAT IS THE DIFFERENCE BETWEEN SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS?
Under Title II of the Americans With Disabilities Act (ADA), a Service Animal is defined as, "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual,...
WHAT IS THE DIFFERENCE BETWEEN SERVICE ANIMALS & EMOTIONAL SUPPORT ANIMALS?
Under Title II of the Americans With Disabilities Act (ADA), a Service Animal is defined as, "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual,...
IS A SCHOOL DISTRICT REQUIRED TO INFORM PARENTS OF SPECIFIC TESTS BEING USED WHEN EVALUATING OR REEVALUATING THEIR CHILD?
A common question that parents ask is whether a school district must provide them prior notice of the specific tests that will be administered to their child. IDEA regulations under 34 CFR 300.503, require that school districts must provide written notice to parents...
Transition Planning
Does the school have any obligation to help your child transition from the school setting out into the world when they are done with school? A few things to know about Transition Planning... Under the Individuals with Disabilities Education Improvement Act (IDEA) it...
Let’s Talk About Mental Illness and Disabilities Contributing to our Nation’s Epidemic of School Shootings.
As a nation we are filled with many questions in the face of yet another horrific tragedy caused by a devastating school shooting in Florida yesterday. This is the 18th school shooting so far this year, which claimed 17 lives in a single attack at Marjory Stoneman...
Does My Child Qualify for Special Education and Related Services if They Have Been Diagnosed with ADHD? What if They Have Dyslexia?
If your child has been diagnosed with attention deficit hyperactivity disorder (ADHD), he or she may be eligible for an individualized education program (IEP). However, it does depend on your child's circumstances and how the symptoms of the ADHD playout with respect...