On April 27, 2020, the New York State Education Department (“NYSED”) released a Supplemental Memo with Additional Questions and Answers, regarding school district’s obligations and families’ rights during COVID-19 school closures. Some of the main... read more
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New York Office of Special Education COVID-19 Special Education Updates by Alison Morris, Esq.
Posted on June 1, 2020New York State Department of Health Requires Hospitals to Allow Support Persons for Patients with Intellectual and/or Developmental Disabilities by Alison Morris, Esq.
Posted on May 22, 2020On April 10, 2020, the New York State Department of Health issued a Health Advisory, stating “[e]ffective immediately” hospitals “are required to permit a patient support person at the patient bedside for”: Patients for whom... read more
Evaluations During COVID-19 Closures – What Steps Should My School (and I) Be Taking? by Alison Morris
Posted on May 22, 2020On March 16, 2020, the United States Department of Education, Office of Civil Rights (OCR) put out a Fact Sheet on steps schools should take during school closures due COVID-19, while protecting students’ civil rights.... read more
Update: Good News – No Additional Special Education Waiver Requests Made by Secretary of Education by Alison Morris, Esq.
Posted on May 4, 2020On March 27, 2020, the President signed a stimulus bill to counteract the economic effects of COVID-19, called the CARES Act (Coronavirus Aid, Relief, and Economic Security Act). As part of the bill, the Secretary... read more
Sixth Circuit Court of Appeals Vacates its Own Decision Holding Students Have a Fundamental Right to A Basic Minimum Education by Alison Morris, Attorney, Cuddy Law Firm
Posted on April 23, 2020The Sixth Circuit Federal Court of Appeals, on April 23, 2020, held there is a fundamental, constitutional right to “a basic minimum education,” further stating: “Plaintiffs have a fundamental right to a basic minimum education,... read more
Office of Civil Rights Makes Clear Schools Must Make Virtual Education Accessible to Students with Disabilities During Coronavirus by Alison Morris
Posted on April 13, 2020On March 17th, 2020, Assistant Sectary of Education of Office of Civil Rights (OCR) Kenneth Marcus gave a webinar regarding online access to education during this time. The seven-minute webinar is available to watch here:... read more
Recent OSEP Decision Highlights How Important it is For Parents to Request Documents Before IEP Meetings by Alison Morris, Esq.
Posted on April 1, 2020A 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
What 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
Transition Planning – What Is It, How You Can Prepare, and Red Flags to Be Aware of by Alison Morris
Posted on February 28, 2020A transition plan is part of a student’s individualized education program (IEP), with the goal to prepare the student for life after graduation when they are no longer receiving special education services. The IEP team,... 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