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By Arshi Pal, Esq., and Sandi Rosenbaum, Special Education Advocate On December 18, 2017, New York State Governor, Andrew M. Cuomo announced that the State has awarded $58.9 million to 53 partner agencies, to create 83 certified residences for 459 individuals with intellectual and developmental disabilities, in the first phase of a multi-year initiative. New York State Office for People With Developmental Disabilities (OPWDD), the state agency which coordinates services …

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By Marion M. Walsh, Esq., and Sandi Rosenbaum, Special Education Advocate On Monday, December 11, 2017, the New York State Board of Regents announced that they are expanding the Safety Net Option for students with disabilities to earn a local diploma.   The expansion took effect on December 12, 2017 on an emergency basis, beginning with students graduating in January 2018 and the Board of Regents will, in all likelihood, approve …

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By Marion M. Walsh, Esq., Littman Krooks LLP All of us at Littman Krooks wish you a holiday season filled with joy, happiness and success.   We know how difficult this season can be for those with disabilities or illnesses who are alone, sad or isolated and for their caregivers.   During this time of year, especially, we remember all of those vulnerable individuals, particularly those who do not have the appropriate …

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Disclosing Disabilities in the Workplace

SSI and SSDI Claims

By Marion M. Walsh, Esq., Littman Krooks LLP Whether to disclose an invisible disability to a potential employer poses a challenge.  Disability information is confidential and potential employees may be concerned about discrimination during the hiring process if they disclose a disability.  While both employees and employers can benefit from disclosure and understanding, disclosing can also lead to potential discrimination that can be hard to prove. The London School of Economics …

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Employee Disability Benefit

By Marion M. Walsh, Esq., Littman Krooks LLP Since 1990, the Americans with Disabilities Act (ADA) has provided strong protections to people with disabilities, vastly improving the accessibility of buildings. Stores, restaurants and other businesses built ramps and made other accessibility changes because the law required the changes and the owners knew that courts would hold them accountable for violations. Now, some members of Congress want to make fundamental changes …

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College Transition

By Erica Fitzgerald, Esq., & Stacy M. Sadove, Esq., Littman Krooks LLP Most students with disabilities require related services to make progress towards their educational goals. A student’s Individualized Education Program (“IEP”) documents the related services that the student’s IEP team recommends. The School District must ensure that the student receives the full mandate of services. Frequently, and particularly within the New York City Department of Education, the School District is …

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Special Education Law

By Marion M. Walsh, Esq., Littman Krooks LLP On October 2, 2017, the United States Department of Education Office of Special Education and Rehabilitative Services (OSERS) rescinded 72 Guidance Documents which explained regulatory obligations of school districts for students with disabilities. This rescission  has caused a public outcry due to its suddenness and lack of openness and explanation. Indeed, the Council of Parent Attorneys and Advocates (COPAA) issued a statement …

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By Erica Fitzgerald, Esq., & Stacy M. Sadove, Esq., Littman Krooks LLP On Tuesday October 5, 2017, the Appellate Division, First Department issued a unanimous decision overruling an earlier decision by Justice Alice Schlesinger in an Article 78 proceeding between the Public Advocate of the City of New York and the City Department of Education Chancellor Carmen Farina.  The matter before Judge Schlesinger centered on the safe transportation of students with …

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When Bullying Turns Deadly

by Stacy M. Sadove, Esq., and Erica M. Fitzgerald, Esq., Littman Krooks LLP On Wednesday, September 28, 2017, an 18–year-old student at the Urban Assembly School for Wildlife Conservation in the Bronx allegedly stabbed two fellow students. This resulted in one student’s death and left the second student in critical condition. Early reports indicate that the alleged attacker had been the subject of repeated bullying by the stabbing victims.[1] Recent …

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