There are three categories for services under the Lanterman Act: People who meet the Lanterman Act’s definition of developmental disability People who are at high risk of having a child with a developmental disability Babies and children under age 3 who are at risk of becoming developmentally disabled A “developmental disability” is a disability that starts before age 18, is …
Morgan Hill-Student Records Disclosure
Recently, there has been a lot of information being disseminated about the disclosure of student records through the Morgan Hill Concerned Parents Association v. California Department of Education, Case No. 11-3471. To provide some clarity, the co-chairs of the California Association Parent Child Advocacy (“CAPCA”) have released a memorandum to assist informing parents about this lawsuit and the information being …
Hold Your New District Accountable
Is your child starting off this school year in a new school district? Are you wondering how this change will affect your child’s educational program or IEP? We understand the transition to a new school and district is not always easy. This blog should provide some ease and guidance for parents going through this process. Here are a few things …
Protect Your Allergic Child At School
As we are all aware, allergies including severe, life-threatening ones have become the norm rather than the exception in recent years. As a result, parents have begun asking school districts to make sure that school is a safe learning environment for their child. If you have a child with allergies, he or she may qualify for protection under Section 504 …
Eligibility for Special Education
Federal and state laws require that students be found eligible for special education prior to obtaining services. The student must meet eligibility criteria in one or more of the following categories: Children between three and six years old experiencing developmental delays Children between six years old and eighteen years old with the following: Language and speech disorder Specific Learning Disability …
Due Process Procedures for Charter Schools
The California state legislature is considering Senate Bill 322, an amendment to existing law that requires charter schools to comply with existing state laws governing suspension and expulsion of students, imposes a duty on charter schools to notify the superintendent of school districts when a student leaves the charter school, and requires charter schools to comply with state laws regarding …
What Parents Discussed at the Milestones Legal Clinic
By Rosa K. Hirji The parent clinic at Milestones Preschool was a resounding success! My own son, Samir, attended Milestones and I cannot recommend it enough for a supportive, mainstream environment for children with special needs and their parents. It is an awesome place for any child! A heartfelt thanks to Milena Bice for organizing the event, providing food and …
Lawyers for Children in Special Education by Jenny and Rosa
Our contribution to a new book on the role of lawyers for children was published this month! Our chapter, “Setting the Record Straight: Child Advocacy and Responses to Mental Health,” focuses on the school as the first point of intervention to address the mental health needs of youth; and the consequences to the child and community when the school fails …
From The Classroom to the Court Room: Education & the “Right” to an Education
The importance of education has been stressed to me since I was in elementary school. My grandmother used the phrase “college is not an option, it is mandatory”. Getting the opportunity to go to college, made me appreciate my family’s persistence in pushing for higher education. Attending college also instilled a sense of responsibility of wanting to give back to …
Civil Rights Data Shows Disparities for Students with Disabilities and Students of Color
The Office for Civil Rights, Department of Education, released last week, the results of the national data collection for the 2011-2012 school year. African American students are suspended and expelled at a rate three times greater than white students; and students with disabilities are more than twice as likely to receive out-of-school suspensions that students without disabilities. Another shocking statistic: …