Comments for RandyChapman's Ability Law Blog http://randychapman.wordpress.com Practical comments and information on special education, early intervention, and disability law Sat, 17 May 2008 13:31:11 +0000 http://wordpress.org/?v=MU Comment on Keeping it on the down low: The IDEA, School Records, and Confidentiality by » Keeping it on the down low: The IDEA, School Records, and Confidentiality http://randychapman.wordpress.com/2008/05/14/keeping-it-on-the-down-low-the-idea-school-records-and-confidentiality/#comment-360 » Keeping it on the down low: The IDEA, School Records, and Confidentiality Wed, 14 May 2008 22:22:02 +0000 http://randychapman.wordpress.com/?p=32#comment-360 [...] Read the rest of this great post here [...] [...] Read the rest of this great post here [...]

]]> Comment on We Can Work it Out: Using the IDEA 2004 to Resolve Disputes Before They Get to Hearing by randychapman http://randychapman.wordpress.com/2008/02/06/we-can-work-it-out-using-the-idea-2004-to-resolve-disputes-before-they-get-to-hearing/#comment-353 randychapman Mon, 28 Apr 2008 14:12:05 +0000 http://randychapman.wordpress.com/?p=24#comment-353 Dallas, Thanks for your comment. You might try contacting The Advocacy Center for Persons with Disabilities, Inc, Florida's Protection & Advocacy System. If they are not able to assist you directly, I'm sure they can refer you to an attorney in your area. Their website is http://www.advocacycenter.org/. Good luck with your mediation. Dallas,

Thanks for your comment. You might try contacting The Advocacy Center for Persons with Disabilities, Inc, Florida’s Protection & Advocacy System. If they are not able to assist you directly, I’m sure they can refer you to an attorney in your area. Their website is http://www.advocacycenter.org/. Good luck with your mediation.

]]> Comment on What if we don’t work it out? Due Process Hearings Under the IDEA 2004 by randychapman http://randychapman.wordpress.com/2008/03/07/what-if-we-don%e2%80%99t-work-it-out-due-process-hearings-under-the-idea-2004/#comment-352 randychapman Mon, 28 Apr 2008 14:01:37 +0000 http://randychapman.wordpress.com/?p=27#comment-352 Patricia, Thanks for your comment and you have a valid concern.While the hearing officer (IHO) must have knowledge of the IDEA and know how to conduct a hearing, in the hearing process it is the job of the parties (parents and school district) to educate the IHO about the educational issues and the disability. This is somewhat similar to a medical malpractice case in which the lawyers for each side need to educate the judge about medicine and the nature of the illness or injury. This doesn't mean it is the fault of the parents or their attorney if the IHO doesn't "get" the disability and the educational issues at stake. Sometimes that is a very difficult task and, yes, sometimes the IHO, though impartial on paper, may have a bias toward one side. I am sorry your hearing wasn't successful. Patricia,

Thanks for your comment and you have a valid concern.While the hearing officer (IHO) must have knowledge of the IDEA and know how to conduct a hearing, in the hearing process it is the job of the parties (parents and school district) to educate the IHO about the educational issues and the disability. This is somewhat similar to a medical malpractice case in which the lawyers for each side need to educate the judge about medicine and the nature of the illness or injury. This doesn’t mean it is the fault of the parents or their attorney if the IHO doesn’t “get” the disability and the educational issues at stake. Sometimes that is a very difficult task and, yes, sometimes the IHO, though impartial on paper, may have a bias toward one side. I am sorry your hearing wasn’t successful.

]]> Comment on What if we don’t work it out? Due Process Hearings Under the IDEA 2004 by Patricia http://randychapman.wordpress.com/2008/03/07/what-if-we-don%e2%80%99t-work-it-out-due-process-hearings-under-the-idea-2004/#comment-351 Patricia Mon, 28 Apr 2008 12:08:38 +0000 http://randychapman.wordpress.com/?p=27#comment-351 Hi, What if the hearing officer does not have an adequate knowledge of the disability? My son has sensory processing disorder and it was clear the HO did not understand it or simply did not give creedence to our testimony or that of any of our witnesses. I would hardly call that impartial either. Patricia Hi,
What if the hearing officer does not have an adequate knowledge of the disability? My son has sensory processing disorder and it was clear the HO did not understand it or simply did not give creedence to our testimony or that of any of our witnesses. I would hardly call that impartial either. Patricia

]]> Comment on We Can Work it Out: Using the IDEA 2004 to Resolve Disputes Before They Get to Hearing by Dallas http://randychapman.wordpress.com/2008/02/06/we-can-work-it-out-using-the-idea-2004-to-resolve-disputes-before-they-get-to-hearing/#comment-350 Dallas Sun, 27 Apr 2008 00:27:31 +0000 http://randychapman.wordpress.com/?p=24#comment-350 Randy, I am seeking an attorney with Florida Education law expertise in Orlando, FLorida. We recently filed a due process complaint and are expected to go into mediation soon. Any suggestions? Thank you. Randy,

I am seeking an attorney with Florida Education law expertise in Orlando, FLorida. We recently filed a due process complaint and are expected to go into mediation soon. Any suggestions?

Thank you.

]]> Comment on Protection from Retaliation by randychapman http://randychapman.wordpress.com/2008/03/19/protection-from-retaliation/#comment-349 randychapman Fri, 25 Apr 2008 14:23:00 +0000 http://randychapman.wordpress.com/?p=28#comment-349 Thank you for the compliment. I like your site as well. Thank you for the compliment. I like your site as well.

]]> Comment on Protection from Retaliation by acitizenprose http://randychapman.wordpress.com/2008/03/19/protection-from-retaliation/#comment-348 acitizenprose Fri, 25 Apr 2008 01:20:02 +0000 http://randychapman.wordpress.com/?p=28#comment-348 Kudos to you for your excellent website! I recently started a website/blog about my expeiences with HUD Fair Housing /act (non) enforcement at http://acitizenprose.wordpress.com -- so we're neighbors! Kudos to you for your excellent website! I recently started a website/blog about my expeiences with HUD Fair Housing /act (non) enforcement at http://acitizenprose.wordpress.com — so we’re neighbors!

]]> Comment on Supreme Court Affirms Tuition Reimbursement for Private School Placement by randychapman http://randychapman.wordpress.com/2007/10/10/supreme-court-affirms-tuition-reimbursement-for-private-school-placement/#comment-347 randychapman Mon, 21 Apr 2008 14:30:02 +0000 http://randychapman.wordpress.com/2007/10/10/supreme-court-affirms-tuition-reimbursement-for-private-school-placement/#comment-347 Hi Patricia and thanks of your comment. From what I understand, it is true that the parent in the Gilbert case had significant resources to pursue the case. I also think it is true that many middle income families might not be able to afford to litigate a special education case on behalf of their child. But, if a middle class family was financially able to take a case to the Supreme Court, I think they would have gotten the same outcome. Hi Patricia and thanks of your comment. From what I understand, it is true that the parent in the Gilbert case had significant resources to pursue the case. I also think it is true that many middle income families might not be able to afford to litigate a special education case on behalf of their child. But, if a middle class family was financially able to take a case to the Supreme Court, I think they would have gotten the same outcome.

]]> Comment on Supreme Court Affirms Tuition Reimbursement for Private School Placement by patricia Hunt http://randychapman.wordpress.com/2007/10/10/supreme-court-affirms-tuition-reimbursement-for-private-school-placement/#comment-346 patricia Hunt Mon, 21 Apr 2008 13:00:08 +0000 http://randychapman.wordpress.com/2007/10/10/supreme-court-affirms-tuition-reimbursement-for-private-school-placement/#comment-346 Hi, My question about the NYC and Gilbert case is whether or not this is a case of class discrimination. I read that the parent in this matter is a former owner (?) of Viacom. First, this allows the parent to go all the way to the Supreme Court,which is fine by me, but rather that all the players knew who they were dealing with and this subtly affected the outcome. I guess my real question is whether a middle class family would have gotten the same outcome. Hi,
My question about the NYC and Gilbert case is whether or not this is a case of class discrimination. I read that the parent in this matter is a former owner (?) of Viacom. First, this allows the parent to go all the way to the Supreme Court,which is fine by me, but rather that all the players knew who they were dealing with and this subtly affected the outcome. I guess my real question is whether a middle class family would have gotten the same outcome.

]]> Comment on We Can Work it Out Part II: Using Mediation to Resolve Disputes Under The IDEA 2004 by Using the State Education Agency Complaint Process to Enforce the IDEA « RandyChapman’s Ability Law Blog http://randychapman.wordpress.com/2008/02/14/we-can-work-it-out-part-ii-using-mediation-to-resolve-disputes-under-the-idea-2004/#comment-345 Using the State Education Agency Complaint Process to Enforce the IDEA « RandyChapman’s Ability Law Blog Mon, 14 Apr 2008 15:48:07 +0000 http://randychapman.wordpress.com/?p=25#comment-345 [...] 2008       In a recent series of articles I covered resolving disputes under the IDEA through mediation, the resolution process, and due process hearings. Still, another way to resolve disputes under the [...] [...] 2008       In a recent series of articles I covered resolving disputes under the IDEA through mediation, the resolution process, and due process hearings. Still, another way to resolve disputes under the [...]

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