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New York State Rules on Aging out of Special Education

By Sandi Rosenbaum and Marion Walsh, Esq., Littman Krooks LLP It is important for parents and students to understand when the entitlement to special education ends.  The Individuals with Disabilities Education Act (IDEA) requires that states must provide a free appropriate public education to all students with disabilities residing in the state between the ages of 3 and 21, inclusive. While many states, such as Massachusetts, have interpreted this to …

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May is Mental Health Awareness Month

By Marion M. Walsh, Esq., Littman Krooks LLP Littman Krooks is a long-time sponsor of NAMIWalks and has participated for the past five years, in torrential rain, in sunshine, and virtually in 2020. Our “Team LK Marion’s Marchers” will be taking part in the 2021 NAMIWalks Your Way: A United Day of Hope, on May 22, 2021 for NAMI Westchester. The walk is virtual this year which offers the chance …

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By Marion M. Walsh, Esq., Littman Krooks LLP The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) protect the rights of students with disabilities in public schools. Often, parents have confusion about the two laws, as there is some overlap, and the terms and protections can be confusing. Here are some questions and answers. What are the Basic Differences between IDEA …

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bigstock-Happy-loving-mom-and-daughter

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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