Sticks and Stones can Break Your Bones But Words can Break Your Heart: Preventing Disability Harassment in Schools

Jeremy was in tears and Brenda’s temperature had reached the boiling point. Jeremy was in 7th Grade and used a wheelchair. Everything at school had been fine until the new the new kid transferred in. The new kid had started calling Jeremy the “crip”. Jeremy could handle some kidding about his using a wheelchair, but there [...]

New York Gets IDEA Burden of Proof Right

In Schaeffer v. Weast the U.S. Supreme Court placed the burden of proof in special education cases on the side challenging the IEP. This meant that in most cases the burden of proof would be on parents. The Court, however, did not say that states could not choose to place the burden of proof on school [...]

“Natural Environment” Under Part C Includes Preschool and Daycare Settings

Part C of the IDEA provides early intervention services for infants and toddlers with disabilities. Under Part C infants and toddlers are children from birth through age two. Similar to the IDEA Part B requirement that students with disabilities be placed in the least restrictive environment, Part C requires that infants and toddlers receive services in [...]

Opening the School Door to Section 504

Brenda should have been excited. Her daughter Jessica would be starting kindergarten this fall. Jessica was smart as a whip and couldn’t wait to go to school. But Jessica had diabetes. The diabetes needed managing: she needed insulin administered and her blood glucose and diet monitored. When she got older Jessica would be able to [...]