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By Sandi Rosenbaum, Educational Advocate and Marion Walsh, Esq., Partner, Littman Krooks LLP Parents of students starting kindergarten in the fall may want to keep their child in the preschool program they attend, rather than having them transition to kindergarten. This is especially true for children with disabilities, who have birthdays in November and December.  It makes sense that a student with a disability may not appear ready for kindergarten …

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Senior Father With Adult Son Relaxing On Sofa At Home

By Arshi Pal, Esq., Littman Krooks LLP Medicaid Home and Community Based Services (HCBS) waivers allow individuals who are otherwise eligible for Medicaid to receive supports and services in the home and community setting, instead of being served in an institution-like or more restrictive setting. HCBS waivers provide, among other things, supportive employment, integrated day services, direct personal assistance, services to promote independence and participation in the broader community, transportation …

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Virtual or Hybrid Learning for Students with Disabilities

By Marion M. Walsh, Esq., Littman Krooks LLP As we now approach a full year of either virtual or hybrid learning, many parents and students are even more exhausted and overwhelmed than ever. As the future is still uncertain, many parents still have questions and concerns on their child’s progress and access to services. Here are some common questions and answers and resources. Does recent CDC Guidance change any requirements …

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By Marion Walsh, Esq., Littman Krooks LLP In our special education advocacy department, we receive inspiration from each of our students. Many indeed use their unique learning and emotional characteristics to reach unexpected heights. Each day, we work with parents with goal of  helping  students to know their strengths and weaknesses so they can flourish and learn to use their any perceived deficits as strengths. Individuals do not “overcome disabilities”  …

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The Department of Education emphasizes the importance of flexibility in meeting children’s educational needs. The Department of Education released a document addressing concerns surrounding the availability of Early Intervention Services to infants and toddlers with special needs. Under the Individuals with Disabilities Education Act Individualized Family Service Plan (IFSP), the state is required to “ensure the development, review, and implementation of an IFSP developed by a multidisciplinary team, which includes …

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Justice Ginsburg and the Complicated Legacy of Olmstead

By Sandi Rosenbaum, Littman Krooks LLP Justice Ruth Bader Ginsburg, who died September 18, 2020 and served on the US Supreme Court for 27 years, is best known for her contributions toward dismantling discrimination on the basis of gender, as both an attorney and a jurist.  However, it was her June 1999 majority decision in Olmstead v. L.C. a landmark against disability discrimination, for which the disability community will remember …

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Government officials remind schools and vocational rehabilitation centers of their duty to help students with disabilities transition into adulthood. The realities of the COVID-19 pandemic are still setting in for some families who have teenage children with disabilities. While the transition from childhood to adulthood can be difficult for many youths, those living with a disability face an additional challenge. Families must be well-informed about a child’s abilities and needs, …

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Home Schooling Your Child: Your Rights and Obligations

By Marion Walsh, Esq., Littman Krooks LLP Every parent in New York State has the right to home school their child and, given the myriad uncertainties presented in response to the COVID-19 pandemic, districts are formally offering this opportunity to parents of registered students as an alternative to remote or hybrid instruction. The prospect of shielding their children from the ongoing changes expected from districts as the pandemic response continues …

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By Marion M. Walsh, Esq., Littman Krooks LLP The transition to college and young adulthood, while exciting, can be difficult for parents. Parents must not overlook obtaining advance consent from their children so they can have access to important health and educational information—or risk begin left out in an emergency. This is even more important in times of COVID-19. Once a person turns 18, the law presumes that they have …

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By Marion M. Walsh, Esq., Littman Krooks LLP The COVID-19 pandemic has made education more challenging than ever. Schools are re-opening this year in either a hybrid or remote learning plan. In this pandemic, with all the rules on socially distancing and COVID-19 protocols, all involved face unprecedented uncertainty and stress. Yet the pandemic has had a disproportionate impact on students with learning or emotional disabilities. Remote or hybrid instruction …

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