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Six Laws that Shape Special Education in the United States

Posted on June 25, 2021

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

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, 2020

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

What are the School District’s responsibilities during school closures due to the COVID-19 outbreak? by Alison Morris, Esq.

Posted on March 23, 2020

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

Can Bullying Be A Claim Against a School District?

Posted on January 28, 2020

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

Recent OSEP Letter Offers Clarification That District Administrators Should Not Be Present at IEP Meetings as Observers

Posted on November 15, 2019

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

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, 2019

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

Winning Appropriate Education Services for a Girl With Autism

Posted on May 18, 2018

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

Securing Medicaid Services for a Girl with Spina Bifida

Posted on May 18, 2018

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

Parent Prevails in Second Circuit Represented by Cuddy Law Firm

Posted on June 6, 2016

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

The Cuddy Law Firm’s Sonja D. Kerr to Present at COPAA in Philadelphia

Posted on March 3, 2016

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

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