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Update: Summer Services Can Be Provided in Person in New York by Alison Morris, Esq.

Posted on June 19, 2020

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

COVID-19 Instruction Update – Summer School Programs Will Be Virtual by Alison Morris, Esq.

Posted on June 1, 2020

On 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, 2020

On 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, 2020

On 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, 2020

The 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, 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

Recent OSEP Decision Highlights How Important it is For Parents to Request Documents Before IEP Meetings by Alison Morris, Esq.

Posted on April 1, 2020

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

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

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