As a parent of a child with disabilities, your days are hectic and your energy is spent taking care of your child’s daily needs. It can seem like school is another obstacle, a force to... read more
As a parent of a child with disabilities, your days are hectic and your energy is spent taking care of your child’s daily needs. It can seem like school is another obstacle, a force to... read more
On 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
The 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
Bullying 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
On 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
A 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
The 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
The 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
The 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
IDEA Class Actions is the topic of a presentation by Sonja D. Kerr, Cuddy Law – Austin. The early predecessor to the IDEA was the result of activists parents and outstanding civil rights lawyers who... read more