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Hickman Lowder Lidrbauch & Welch Co., L.P.A. Legal Blog

No Privacy – the Brave New World of Social Media, Technology, and the Law

Hickman Lowder | Apr 26, 2019 | Uncategorized

There’s no question that technology is changing our lives. Driverless cars, facial recognition, and medical breakthroughs are making the world a vastly different place than it was even 10 years ago. But how is technology changing the world of law? More to the point, what is the impact of technological developments on lawsuits, on the courts, and on the way…

Independent Educational Evaluation: Disagreeing Creates Clarity

Hickman Lowder | Apr 22, 2019 | Special Education

Your parental role is crucial in the formation of your child’s Individual Education Program (IEP). While the school district may have your child’s best interests in mind, that doesn’t mean that disagreements won’t occur. For example, you may take issue with how the district qualified your child for an IEP, or you may not agree with the goals written in…

Can I Record a Mediation?

Hickman Lowder | Apr 15, 2019 | Special Education

Question: I have a meeting with my child’s school district that will be mediated by a representative of the Ohio Department of Education.  Can I record this meeting? Answer: Regarding recording of meetings in general, it is not a violation of Ohio law to record a conversation IF you are a party to that conversation.  However, some school districts have…

Meditation to Reduce Stress During Tough Cases

Hickman Lowder | Apr 12, 2019 | Mental Health

My clients are often faced with very stressful situations.  That’s why they come to a lawyer in the first place.  This is particularly true if a loved one’s needed government benefits are at stake or if there is a dispute within a family.  These are tough, emotionally draining cases for those experiencing the conflict. Recently, I represented a client in…

Losing a Parent: Are We Ever Prepared?

Hickman Lowder | Mar 27, 2019 | Elders and their Caregivers, Older Adults

On March 16th, one day before St. Patrick’s Day, my father-in-law passed away quietly in the middle of the night. He was 87 years old. Yes, he had been ill, but he was on the road to recovery—or so we thought—recovering in a rehab facility. The 2:00 a.m. call informing my husband of the news was a shock to the…

Illegal Delay of 2016 Equity in IDEA Regulations

Hickman Lowder | Mar 15, 2019 | Adults With Disabilities, Children With Special Needs

On March 7, 2019, the US District Court in Washington D.C. ruled that the current Department of Education had acted arbitrarily and capriciously in failing to implement Obama-era rules which are intended to address the disparities in the treatment of students of color with disabilities. A summary of the action was issued by the Council of Parent Advocates and Attorneys…

Raising Expectations

Hickman Lowder | Mar 14, 2019 | Adults With Disabilities

As part of my job, I attend a lot of conferences and presentations. One of the presentations I attended recently featured a whole myriad of people who had their opportunity to dazzle us at the podium.  (Maybe “dazzle” is a lofty goal for a continuing education course.  The goal was probably to keep us awake and not misspeak!)  One of…

Our Girls

Hickman Lowder | Mar 6, 2019 | Mental Health

Girls who struggle with mental health issues, including but not limited to: anxiety, depression, eating disorders, conduct disorders, and panic disorders, are being stigmatized even further in the educational system.  They are not qualifying for the specially designed instruction they not only need, but deserve and have a right to receive at their schools.  These girls are able to lean-in,…

Certain Gifts Not Penalized for Medicaid Eligibility

Hickman Lowder | Feb 11, 2019 | Medicaid Planning

It’s almost common knowledge that Medicaid imposes a “five-year lookback” to identify gifts made by a Medicaid applicant.  In most circumstances, if an individual who is applying for Medicaid has given away their assets within the last five years, Medicaid will penalize that individual, even if they are currently out of funds, by not paying the nursing home for a…

Oregon Class Action Lawsuit Defends Right to Full Day of School for Children with Disabilities

Hickman Lowder | Feb 4, 2019 | Children With Special Needs, Special Education

Quite a few of my clients have come to me for help when their child’s school day is made shorter than their typical peers.  Sometimes, it is a matter of a bussing situation where the kids in special ed are on a bus that leaves 10 or 20 minutes before their typical peers.  Other times, schools are sending their kids…

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