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Your Elder Years Strategy

Wednesday, 26 April 2017 12:06

 

couple with boatI recently saw two advertisements from companies trying to help people “stop Medicaid from taking your retirement.”  The ads paint a frightening picture and offer advice on how to avoid trouble. Typically, when you read between the lines of these advertisements, you see they’re usually advising you to take one or two strategies: develop some kind of trust, or invest in some kind of financial product. I’m not suggesting that these are bad ideas or that the people sending you these advertisements are bad people. I do suggest that the concern for long-term care is not about buying a product. It’s about establishing a strategy for how you wish to age.

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U.S. Supreme Court Ruling Helps Students with Special Needs

Monday, 17 April 2017 00:00

Judy2On March 22, 2017, the U.S. Supreme Court unanimously held that a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s unique circumstances (Endrew F. v. Douglas County Sch. Dist. 2017 Lexis 2025)  (“Endrew F.”).

This decision represents an increased duty on school districts to provide an educational benefit that is more than merely de minimis as previously defined by the U.S. Supreme Court in Board of Ed of Hendrick Hudson Central School Dis. v. Rowley 458 U.S. 176 (1982) (“Rowley”).

Practically speaking, if a student’s IEP goals are the same year after year, Endrew F. gives authority to argue that the IEP does not offer a FAPE because it doesn’t allow for appropriate progress.

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New Special Education Procedural Safeguards

Monday, 10 April 2017 13:30

PapersYou know that huge packet of boring legal information the school district gives you at the end of your IEP meetings? You likely have multiple copies at home. Well, it’s changing. The Ohio Department of Education (ODE) has issued a new procedural safeguards notice. Instead of the “Whose IDEA is This?” notice, you will soon begin receiving A Guide to Parent Rights in Special Education. Districts must switch over to the new document no later than August 1st, 2017.

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Update: School Refuses to Allow Service Dog

Thursday, 02 March 2017 15:43

goldendoodleRemember the little girl with cerebral palsy that wasn’t allowed to bring her guide dog to school in Michigan? The family sued the school district and the case was thrown out because the family didn’t first try to resolve the matter administratively by filing due process under Individuals with Disabilities Education Act (IDEA) laws. The family argued that it was not an IDEA claim, it was an Americans with Disabilities Act (ADA) claim, so they should be able to go straight to court.   It got all the way to the US Supreme Court on appeal, and the US Supreme Court just ruled

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