Archive For The “Special Education” Category

Diabetes, Microwaves, and 504

By Matthew Stoloff, Esq. | January 30, 2012

I previously blogged about food allergies and special dietary needs in school. In that post, I discussed that when a student has special dietary needs, she may qualify for a 504 plan. A number of extremely helpful documents are linked in that blog post. In a recent case in New York, a pro se parent [...]

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Reversing a Fee Award

By Matthew Stoloff, Esq. | August 15, 2011

This is the third article about attorney’s fees and costs in special education matters. In the first article, I explained that a parent who prevails at a special education due process hearing may be entitled to reimbursement for attorney’s fees and costs. In the second article, I explained that a parent who litigates a frivolous [...]

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Attorney’s Fees and Frivolous Lawsuits

By Matthew Stoloff, Esq. | August 8, 2011

Several weeks ago, I talked about reimbursement for attorney’s fees and costs in special education matters. I explained that if a parent files a complaint for a due process hearing to litigate a special education matter–and the parent prevails–the school district may have to reimburse the parent attorney’s fees and costs. This is a very [...]

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Protect Your Credibility

By Matthew Stoloff, Esq. | August 1, 2011

Quick: What’s the most important quality that a parent should protect and defend when there is a disagreement with school personnel about special education matters? I’ll give you a hint: look at the title of this blog article. Most parents who have experience attending IEP meetings understand that appropriate goals and objectives must be developed [...]

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Stay Put in Special Education Litigation

By Matthew Stoloff, Esq. | July 18, 2011

In special education litigation, “stay put” is among the most important safety procedural protections that parents have. The stay put provision of the Individuals with Disabilities in Education Act (“IDEA”) says that a child shall remain in the “then-current educational placement.” What does this mean? Well, the best way to explain this is to look [...]

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Thinking Like A Special Education Lawyer

By Matthew Stoloff, Esq. | July 4, 2011

Parents who have children with special needs often fall in two basic categories: those who can be objective and those who can’t. Parents who can’t be objective are those who get emotional about educational issues affecting their special needs child, take side swipes at school personnel, and make mistakes — very serious tactical mistakes — [...]

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Attorney’s Fees and Costs in Special Education Cases

By Matthew Stoloff, Esq. | June 27, 2011

No discussion about special education litigation is complete without discussing whether it is possible to get reimbursement for attorney’s fees and costs. Many parents with special needs children do not know that it is possible to get reimbursement for attorney’s fees and costs in connection with special education matters. When a special education issue is [...]

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Technology Accessibility in Schools

By Matthew Stoloff, Esq. | June 10, 2011

On May 26, 2011, the U.S. Department of Education published two “Dear Colleague” letters (here and here) and a FAQ on accessible technologies to all K-12 school districts, colleges, and universities. Accessible technology is an important topic since many K-12 schools, colleges, and universities are transitioning towards “e-books” (electronic book readers), and some of these [...]

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How Long Does Special Education Litigation Take?

By Matthew Stoloff, Esq. | June 1, 2011

When potential clients email me or meet with me for an in-person consultation, a common question they ask is, “How long will it take to litigate this?” Parents want their special needs children to receive all of the accommodations, modifications, and services that they are entitled to. So, when the IEP team proposes substantial changes [...]

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Writing Your First Email to a Lawyer

By Matthew Stoloff, Esq. | May 23, 2011

Typically, the first time someone contacts a lawyer is via telephone or email. Some attorneys (like myself) prefer to correspond by email to learn about the facts of the case. I often receive emails from parents who are seeking a special education attorney for legal assistance. In a previous post, I explained how to prepare [...]

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