On June 5, 2020, Governor Cuomo signed an Executive Order stating that “special education services and instruction … may be provided in person for the summer term in school districts.” School districts that provide in... read more
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Update: Summer Services Can Be Provided in Person in New York by Alison Morris, Esq.
Posted on June 19, 2020COVID-19 Instruction Update – Summer School Programs Will Be Virtual by Alison Morris, Esq.
Posted on June 1, 2020On May 21, 2020, Governor Cuomo announced that summer school programs will continue to be provided through distance learning, and will not take place on school campuses. This means that students who are entitled to... 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
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
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