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Littman Krooks Special Education Advocacy

By Marion M. Walsh, Esq. March represents Developmental Disabilities Awareness month. According to the Center for Disease Control, the prevalence of developmental disabilities, in the past twelve years, has increased.  The term Developmental Disabilities encompasses a diverse group of severe chronic conditions that are due to mental and/or physical impairments. People with developmental disabilities have problems with major life activities such as language, mobility, learning, self-help, and independent living.  Developmental …

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By Erica Fitzgerald, Esq., Littman Krooks LLP Article 17-A of the Surrogate’s Court Procedure Act provides a mechanism by which, generally speaking, a parent or interested person over the age of 18 (“Petitioner”) may seek and obtain guardianship over an individual diagnosed with an intellectual or developmental disability (“Ward”).   In order to obtain 17-A guardianship over another individual, a Petitioner must establish that a 17-A guardianship is in the best …

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Littman Krooks Special Education Advocacy

by Marion Walsh, Esq. and Enjole Johnson, Graduate Law Clerk This week, the current United States Department of Justice and the Department of Education, in the administration’s first Dear Colleague Letter, dated February 22, 2017 (“Trump Guidance”) rescinded  a May 13, 2016 Dear Colleague Letter promulgated by the Obama administration  (“2016 Guidance”) regarding transgender students’ rights in public schools. Although popularly reported as addressing bathroom access, the rescinded 2016 Guidance …

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by Marion Walsh Esq., & Arshi Pal, Graduate Law Clerk To read our earlier entry, “Supreme Court Case on Service Dog Access to Schools has Broad Implications for All Students with Disabilities” click here. On February 22, 2017, the United States Supreme Court, in Fry v. Napoleon Community Schools, rendered an important victory for parents and students. The Court ruled that parents need not exhaust remedies and bring a special …

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By Sandi Rosenbaum, Special Education Advocate In December 2016, the U.S. Department of Education has issued an updated Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.  The guide brings together information published in a variety of guidance memos over recent years into a comprehensive reference document.  It is available at: https://www2.ed.gov/about/offices/list/ocr/docs/504-resource-guide-201612.pdf. A student is eligible for 504 protections if they have a substantial limitation …

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by Marion M. Walsh, Esq. On Tuesday, February 7, 2017,  the United States Senate, by a vote of 51-50, appointed Betsy DeVos as the United States Secretary of Education.  She will serve as a member of President Trump’s cabinet  and will lead the United States Department of Education,  which sets policy, produces guidance memos and oversees federal funding of educational programs. During her confirmation hearings, Ms. DeVos alarmed both Senators …

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A Nutshell on Special Education Law

By Arshi Pal Do you know the basics of special education law in New York? All parents should have an understanding in case you begin to suspect that your child has a disability—whether a learning disability, an emotional disability or a health impairment, that affects learning. Special Education law represents a complex set of rules that govern how students are identified and how a student with a disability will receive …

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By Marion M. Walsh, Esq. On January 3, 2017, Governor Cuomo announced a proposal, the Excelsior Scholarship program, to cover tuition costs at  state schools for middle-and low-income students in New York. Hundreds of thousands of students will be eligible. As Governor Cuomo has recognized, a college education represents a necessity for most to compete in a global economy. The program only stands as a proposal, as the state legislature …

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By Marion M. Walsh, Esq. In this holiday season, the attorneys and staff at Littman Krooks send thanks and warm wishes to our clients for trusting us with representing your family. You inspire us each day with your tenacity and care for vulnerable loved ones. We pride ourselves in working with you to make a difference in your family member’s life. In a changing legal landscape, advocacy for the elderly, …

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