A September 9, 2019 Office of Special Education Programs (OSEP) letter explained “neither IDEA nor its implementing regulations establish a timeline for providing a copy of the evaluation report or the documentation of determination of... read more
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Recent OSEP Decision Highlights How Important it is For Parents to Request Documents Before IEP Meetings by Alison Morris, Esq.
Posted on April 1, 2020What are the School District’s responsibilities during school closures due to the COVID-19 outbreak? by Alison Morris, Esq.
Posted on March 23, 2020The United States Department of Education (DOE) provided a Questions and Answers document regarding schools’ responsibilities for providing services to students with disabilities: https://sites.ed.gov/idea/files/qa-covid-19-03-12-2020.pdf?fbclid=IwAR0GwPfjaVavFbbFrVyFUm8mIF37TKSLITeK1g2yNcfKHzOR7vitvS8KWfs While there is no federal law covering this exact scenario (schools... read more
Can Bullying Be A Claim Against a School District?
Posted on January 28, 2020Bullying a student with a disability can the basis for a denial of a free and appropriate education (FAPE) claim under the Individuals with Disabilities Education Act (IDEA). However, three factors must be present: 1)... read more
Recent OSEP Letter Offers Clarification That District Administrators Should Not Be Present at IEP Meetings as Observers
Posted on November 15, 2019On May 2, 2019, the United States Department of Education’s Office of Special Education Programs (OSEP), which issues policy letters to “provide information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act... read more
OSEP Reiterates That IEP Services Must Be Based on A Student’s Individualized Needs, Not on A Program’s Ability (or Inability) to Provide Services
Posted on November 13, 2019A recent September 2019 Office of Special Education Programs (“OSEP”) policy letter reiterates school districts cannot make program decisions for students with disabilities based on what a placement offers. Rather, individualized education programs (“IEP”) and... read more
Winning Appropriate Education Services for a Girl With Autism
Posted on May 18, 2018The Problem: A 6-year-old girl diagnosed with autism spectrum disorder was not properly evaluated by the individualized education program (IEP) team at her public school. She wasn’t receiving the services in her IEP for speech-language... read more
Securing Medicaid Services for a Girl with Spina Bifida
Posted on May 18, 2018The Problem: A 9-year old who was born with spina bifida was denied eligibility for health services through the New York Office for People with Developmental Disabilities (OPWDD). The Results: With the guidance of Cuddy... read more
NY Department of Education issues letter to Local Educational Agencies
Posted on August 25, 2016“On August 1, 2016 the New York State Department of Education issued a letter providing direction to the Local Educational Agencies (school districts). In the case of a child whose behavior impedes the child’s learning or... read more
Parent Prevails in Second Circuit Represented by Cuddy Law Firm
Posted on June 6, 2016The Second Circuit issued a decision in the case L.O ex rel. K.T. v. N.Y.C. Dep’t of Educ. and REVERSED and REMANDED the case for further proceedings. The family was represented by the Cuddy Law... read more
Austin Education Office: Killeen District Special Education Audit
Posted on March 11, 2016The Killeen Independent School District (“KISD”) has released a special education audit completed by Gibson Consulting. The audit was discussed at the KISD Board meeting on Monday, March 7, 2016. The Cuddy Law Firm, PLLC... read more