Special Education Law Blog

• New Poll - What Would You Change About IDEA

  Number of comments: 0
  As many of you know, I am collecting your ideas for changes to the Individuals with Disabilities Education Act when it comes up for reauthorization by the Congress. To further celebrate this quest we have launched a new poll as [...]
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  Posted: November 30, 2009, 8:56am EST
  by Jim Gerl

• Happy Thanksgiving

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  Please have a happy Thanksgiving. This is a time to count our blessings and to be thankful. It is one of my favorite holidays. As you may have noticed, I'm taking some time off from the blog this week to spend time with my family.

  In the meantime, please keep [...]

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  Posted: November 25, 2009, 9:06pm EST
  by Jim Gerl

• Breaking News: I Get to Interview the Assistant Secretary of Education Dr. Alexa Posny

  Number of comments: 10
  I am very pleased and honored to announce that I have been selected to interview the Assistant Secretary of Education for Special Education and Rehabilitative Services, Dr. Alexa Posny. My interview with the new OSERS Secretary in a couple weeks was made possible because of your support. The credibility of [...]
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  Posted: November 23, 2009, 10:37am EST
  by Jim Gerl

• More on Standards of Care for Disability Categories- a Responsible Opposing Viewpoint

  Number of comments: 4
  We have some great readers. Hers is just one example: I ran a post a few days back on the recommendations for changes to IDEA by the National Association of Secondary School Principals. You can view that post here. They had some good ideas, I felt, but I took [...]
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  Posted: November 18, 2009, 1:53pm EST
  by Jim Gerl

• Charter Schools & Special Education: Part II

  Number of comments: 1
  This is the second in a series of posts on charter schools inspired by the excellent, recent law review article by my friend professor Mark Weber. You can read the first post in this series here. Professor Weber's article may be found here.
  
  
  The number of [...]
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  Posted: November 16, 2009, 2:23pm EST
  by Jim Gerl

• Service Dog Wins Lawsuit; Illinois Court Rules

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  A court in Douglas County, Illinois has ruled that Kaleb Drew, a first grader with autism can have his service dog attend classes with him. The final injunction was issued by the trial court last week. Here is the news story from [...]
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  Posted: November 14, 2009, 11:40am EST
  by Jim Gerl

• Changes to IDEA - Principals Weigh In; What Changes Would You Make?

  Number of comments: 5
  
  
  It is time to begin thinking about what changes you would like to see in the special education laws. IDEA will be reauthorized soon. I know that Congress has been busy with a lot of other stuff, but it is eventually going to come [...]
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  Posted: November 12, 2009, 2:54pm EST
  by Jim Gerl

• The Price of Justice: Backdoor Effects of the Recession on Special Education

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  Maybe I wasn't looking in the right place. I was expecting that the severe downturn in the economy would cause a movement to permit school districts to argue that expense or cost should be a defense in special education cases. I even ran a poll in this blog to that' [...]
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  Posted: November 09, 2009, 10:22am EST
  by Jim Gerl

• Poll Results In; We're Back in First Place

  Number of comments: 2
  As a part of the fun component of the special education law blog, we run a poll on the lefthand side of the blog. These are not scientific endeavors, and we do not pretend that the results resemble science in any way. Nonetheless, we think that they are fun. The [...]
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  Posted: November 07, 2009, 10:29am EST
  by Jim Gerl

• Teach Your Teachers Well: New Hot Topic -Teacher Education

  Number of comments: 6
  I know that a number of the readers of this blog are professors who teach future teachers. I know a bunch of them, and they are really good at what they do. They are enthusiastic and dedicated to their students and those children whom their students will be teaching. But [...]
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  Posted: November 05, 2009, 5:50pm EST
  by Jim Gerl

• Charter Schools & Special Education: A New Article by Professor Weber Part I

  Number of comments: 2
  Have you ever wondered about how the special education laws apply to students in a charter school? We tend to think of charter schools as things existing outside of the educational system. Some tell me that they are a curse; others say that they are a panacea. [...]
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  Posted: November 03, 2009, 9:05am EST
  by Jim Gerl

• Last Day to Vote on Our Poll; Tech Update

  Number of comments: 0
  This is the last day to vote on our poll. The current question is In this tough economy, should cost/expense be a defense in a special education case. No leads Yes 43 to 17 with 7 maybes and 2 too poor to vote. This is not a scientific poll. Nonetheless, [...]
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  Posted: October 31, 2009, 9:31am EDT
  by Jim Gerl

• Mediation feels better....

  Number of comments: 2
  Mediation feels better. I don't know about the participants but being a Mediator feels better than being a hearing officer.
  listen
  
  Powered by Jott------- Thanks for subscribing! Jim Gerl' [...]
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  Posted: October 29, 2009, 3:31pm EDT
  by Jim Gerl

• California Court Rules that Private Insurer Must Pay for Autism Therapy

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  A Los Angeles trial court has issued a preliminary ruling that private insurance companies must pay for applied behavioral analysis treatments for children with autism. The Court found that a memo by a state agency permitting denials of coverage for such treatments was an in valid [...]
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  Posted: October 28, 2009, 10:20am EDT
  by Jim Gerl

• Correction: 12.1% of Americans Have a Disability

  Number of comments: 3
  The most recent post incorrectly states that 21.1% of Americans have a disability. That is a typo (or else proof of my arithmetic challenge. The correct number is 12.1%. Please follow the link for more details. I'm sorry for the confusion.

  Thanks to alert reader Dick for bringing this to [...]

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  Posted: October 27, 2009, 3:27pm EDT
  by Jim Gerl

• Disability Statistics: All in One Place

  Number of comments: 3
  People often ask me about statistics. Sometimes even in combination with a lawyer joke.
  
  If you're like me, it is hard to keep numbers at your fingertips. Don't get me wrong, I loved mathematics; I even took calculus. I just hate arithmetic (the actual adding, dividing, or otherwise dealing [...]
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  Posted: October 26, 2009, 8:49pm EDT
  by Jim Gerl

• Breaking News: You Can Now Read This Blog On Your Mobile Phone

  Number of comments: 1
  I love my Blackberry. I'll bet that many of you also don't remember how life was possible before the advent of the mobile telephone. I was slow to arrive into the information revolution, but I'm there now! One serious problem is that you don't get [...]
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  Posted: October 24, 2009, 10:00am EDT
  by Jim Gerl

• Big New Decision by 5th Circuit: Part I - Educational Progress & FAPE

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  Most special education hearing officer and court opinions are pretty boring. They cite ROWLEY, the seminal supreme court decision, pay homage to the FAPE requirement and apply boilerplate from previous decisions. But every once in a while, there is a case with some new analysis. Special ed law junkies, like [...]
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  Posted: October 21, 2009, 4:32pm EDT
  by Jim Gerl

• Cure for Autism?

  Number of comments: 4
  I was listening to the radio while driving through Washington, DC today. One of the stations was having a series of listener support drives. One speaker was named Gary Null. He was offering a number of items as premiums in exchange for pledges from [...]
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  Posted: October 20, 2009, 4:47pm EDT
  by Jim Gerl

• Breaking News: Facebook Special ed Law Group Now has 600 members

  Number of comments: 0
  Welcome to the blogosphere. As regular readers know, I'm still getting used to it although the uses of the internet for information sharing are almost limitless. I appreciate the need to try to utilize the new developments in technology to help people. That was the goal of this' [...]
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  Posted: October 16, 2009, 3:06pm EDT
  by Jim Gerl

• Service Dogs Part IX- Illinois A. G. Weighs In

  Number of comments: 2
  
  We have discussed the Illinois service dog case previously in this blog. I am fascinated by these types of cases and I believe that they are a hot button issue in current special education law. For example here is a link [...]
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  Posted: October 14, 2009, 11:20am EDT
  by Jim Gerl

• Senate Confirms Alexa Posny as Assistant Secretary of OSERS

  Number of comments: 1
  
  On October 5, 2009, the U. S. senate confirmed Alexa Posny as Assistant Secretary of education for the the Office of Special Education and Rehabilitative Services. This portion of the Department has jurisdiction over special education and [...]
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  Posted: October 12, 2009, 6:00pm EDT
  by Jim Gerl

• Testing 1, 2, 3 Again!

  Number of comments: 1
  
  
  OK.  I'm continuing to push the envelope.  This post is being done exclusively by email.  Pretty cool, huh. Imagine the ways I can use this if it works.  I'm stuck in a hearing, or fully enjoying a conference at which I am speaking.  I just send a [...]
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  Posted: October 10, 2009, 10:49am EDT
  by Jim Gerl

• U S Supreme Court Declines Review of Two Special Ed Cases

  Number of comments: 2
  The United states Supreme Court has declined review of two special education cases. The order denying "certiorari," or review, of the lower court decision may be found on pages 8 and 9 of this link.
  
  In LM, et al [...]
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  Posted: October 07, 2009, 8:44am EDT
  by Jim Gerl

• Is the Economy Causing Problems or Not? The Backdoor Theory

  Number of comments: 1
  Maybe it is coming in the back door. My earlier posts confronted the economy head on. Should expense be a defense in a recession is our current poll question. (Be sure to vote; exercise the franchise.) But maybe the Supreme Court [...]
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  Posted: October 06, 2009, 9:00am EDT
  by Jim Gerl

• Tamimg Technology: Mobile Blogging & Tech Update

  Number of comments: 2
  

  Jack Kerouac via last.fm

  
  The voice recognition technology actually understood my words for the most recent post and it seems to have gotten it right. This is a huge victory for me. My Chicago + San Francisco + [...]
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  Posted: October 03, 2009, 11:39am EDT
  by Jim Gerl

• Mediation. Is mediation...

  Number of comments: 1
  Mediation. Is mediation the best way to go for special education disputes?
  listen
  
  Powered by Jott------- Thanks for subscribing! Jim Gerl [...]
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  Posted: October 02, 2009, 4:39pm EDT
  by Jim Gerl

• If You Could Write the Special Ed Law...

  Number of comments: 2
  IDEA, the nation's special education law is up for reauthorization. True, Congress is busy with other stuff, but sooner or, more likely later, the lawmakers will turn their attention to amending the special education statute.
  
  What would you like to see? If you could write the law (and in' [...]
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  Posted: October 01, 2009, 10:13am EDT
  by Jim Gerl

• CEC Adopts New Policy on Restraints and Seclusion

  Number of comments: 0
  The Council for Exceptional Children has adopted a new policy concerning the use of restraints and seclusion on children with disabilities. The policy recommends that restraints and seclusion be used only as a last resort where the child or others are in physical danger. It also recommends that data collection [...]
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  Posted: September 29, 2009, 4:30pm EDT
  by Jim Gerl

• Great Hearing Officer Conference

  Number of comments: 2
  

  Image via Wikipedia

  
  
  OK so I'm still getting the hang of my mobile-posting voice recognition technology.
  
  The last post should read "Great Hearing Officer Conference." Lost in translation is the phrase that comes to mind. I was describing the conference' [...]
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  Posted: September 26, 2009, 3:38pm EDT
  by Jim Gerl

• Rate hearing officer...

  Number of comments: 0
  Rate hearing officer conference, excellent session and disruptive attorneys.
  listen
  
  Powered by Jott------- Thanks for subscribing! Jim Gerl [...]
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  Posted: September 24, 2009, 7:08pm EDT
  by Jim Gerl

• Comparative Special Education Law: Europe

  Number of comments: 1
  I'm a big fan of comparative law. By looking at how things are done in the legal systems of other countries, we can evaluate how we do things here. Generally our legal system is far superior to that of other countries. (Just my opinion, but hard to argue.) Our Constitution's [...]
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  Posted: September 22, 2009, 2:01pm EDT
  by Jim Gerl

• Senator Harkin Named Chair of the Senate Education Committee

  Number of comments: 2
  Last week Senator Tom Harkin of Iowa was named to succeed Senator Ted Kennedy as Chairman of the all-important Senate Committee on Health, education Labor & Pensions. The Help Committee has jurisdiction over [...]
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  Posted: September 18, 2009, 9:15am EDT
  by Jim Gerl

• The Idea Remedies Tour PartXXI: More on Compensatory Education

  Number of comments: 1
  
  By now you know about my my IDEA Remedies Tour. I spoke in early July at the Seattle U. Academy for IDEA Hearing Officers on the topic of compensatory education.There have been many changes to the remedy of compensatory education. In late July, I presented [...]
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  Posted: September 16, 2009, 4:23pm EDT
  by Jim Gerl

• I'm GettingThe Hang of Voice Recognition Software; Tech Update

  Number of comments: 3
  That last post was pretty close to what I actually said. I'm starting to get the hang of the voice recognition software. Soon I'll be posting from my cellphone regularly! This may not sound like much, but it is a big personal victory.
  
  In any event, [...]
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  Posted: September 14, 2009, 10:53am EDT
  by Jim Gerl

• Remember to vote. Remember...

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  Remember to vote. Remember to vote in the pole concerning should expense or cost be a defense.
  listen
  
  Powered by Jott------- Thanks for subscribing! Jim Gerl [...]
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  Posted: September 13, 2009, 9:53am EDT
  by Jim Gerl

• The IDEA Remedies Tour- Part XII (or so) More Compensatory Education

  Number of comments: 1
  
  By now you know about my my IDEA Remedies Tour. I spoke in early July at the Seattle University Academy for IDEA Hearing Officers on the topic of compensatory education. Lotsa changes to the remedy of compensatory education. In late July, I presented two [...]
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  Posted: September 10, 2009, 8:35am EDT
  by Jim Gerl

• New Hot Button Issue- Service Dogs Part II Other Recent Caselaw

  Number of comments: 2
  Some of you think that I am preoccupied with service dogs, but I believe that this is a coming trend in special education law. Other posts in this series have described a recent Illinois case involving an injunction requiring a service dog be [...]
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  Posted: September 08, 2009, 2:10pm EDT
  by Jim Gerl

• I'm Now Also a DC HO! & Disclaimer

  Number of comments: 0
  I'm pleased to note that I am now accepting assignments as a due process hearing officer for Washington, DC. As most of you know, I have been a hearing officer and mediator for West Virginia since 1989. I also serve as a hearing officer' [...]
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  Posted: September 05, 2009, 10:40am EDT
  by Jim Gerl

• Reflections on the IDEA Remedies Tour - Part II Developments in Compensatory Education

  Number of comments: 0
  
  
  This series of posts concerns my IDEA Remedies Tour. I spoke in early July at the Seattle University Academy for IDEA Hearing Officers on the topic of compensatory education. Lotsa changes going on in the law as to the remedy of compensatory education. By the way, [...]
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  Posted: September 03, 2009, 5:26pm EDT
  by Jim Gerl

• New Hot Button Issue: Service Dogs - The Appeal

  Number of comments: 4
  A recent post concerned an Illinois Judge's ruling enjoining a school district to permit a service dog for a child with autism. The school district has appealed that decision. A news article can be read here.
  
  There seem to be a number of [...]
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  Posted: September 01, 2009, 3:47pm EDT
  by Jim Gerl

• A Tribute to Senator Edward M. Kennedy

  Number of comments: 0
  
  
  The recent death of Senator Edward M Kennedy has saddened us. He was a terrific fighter on behalf of children and adults with disabilities. His co-sponsorship of the Americans with Disabilities Act helped prohibit discrimination against people with disabilities. Here is an interesting blog post concerning Sen. [...]
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  Posted: August 28, 2009, 8:48am EDT
  by Jim Gerl

• Follow-up (Corporal) Punishment: Are Children with Disabilities Disproportionatley Arrested at School?

  Number of comments: 4
  

  Image via Wikipedia

  
  
  We recently ran a post on a study that shows that kids with disabilities are disproportionately singled out for corporal punishment. As a follow-up, another recent study claims that standards should be developed because research [...]
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  Posted: August 27, 2009, 7:18am EDT
  by Jim Gerl

• New Hot Button Issue: Service Dogs

  Number of comments: 5
  
  
  There are a growing number of cases involving service dogs. I have seen a few cases in the last couple years. An interesting example occurred last week. A school district in Illinois apparently refused to let a five year old boy with autism bring his [...]
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  Posted: August 25, 2009, 9:09am EDT
  by Jim Gerl

• Expense as a Defense Poll Update; Tech News

  Number of comments: 2
  
  
  Our current running poll concerns whether in these hard economic times, the expense of services should be considered a defense in an action alleging a violation of IDEA. We are starting to see some activity on the poll. So far those who have answered No cost is not [...]
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  Posted: August 21, 2009, 3:02pm EDT
  by Jim Gerl

• New GAO Report on Teacher Preparation of General Ed Teachers for Teaching Children With Disabilities

  Number of comments: 5
  
  
  The Unites States Government Accountability Office has just released a study on the preparation of general education teachers to teach students with disabilities and English language learners. The report is very interesting for a number of [...]
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  Posted: August 19, 2009, 12:14pm EDT
  by Jim Gerl

• Reflections on the IDEA Remedies Tour: The Nature of Compensatory Education

  Number of comments: 0
  This is the second in a multiple part series of posts on my IDEA Remedies Tour, the joking name I gave to my presentations this summer on the major remedies available when the parent/student prevails in an IDEA due process hearing or appeal. I really love the people part of [...]
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  Posted: August 18, 2009, 3:08pm EDT
  by Jim Gerl

• Reflections on My IDEA Remedies Tour - Part I

  Number of comments: 0
  
  
  As some of you have noticed, I've had some fun describing my two speaking engagements last month as the IDEA Remedies Tour. I spoke in early July at the Seattle University Academy for IDEA Hearing Officers on the topic of compensatory education. Lotsa changes going' [...]
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  Posted: August 15, 2009, 9:59am EDT
  by Jim Gerl

• Are Children With Disabilities Singled Out for Corporal Punishment?

  Number of comments: 3
  
  
  A recent study shows that children with disabilities are disproportionately the subject of corporal punishment. Most states no longer permit corporal punishment, but where it is permitted, kids with disabilities are all to frequently the recipients of the punishment. whether children should be spanked at [...]
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  Posted: August 11, 2009, 7:53pm EDT
  by Jim Gerl

• 9th Circuit Rules: Rowley Still Good Law

  Number of comments: 5
  
  
  The United States Court of Appeal for the Ninth Circuit has confirmed what most of us had expected: the U. S Supreme Court decision in Rowley, et al v. Board of [...]
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  Posted: August 11, 2009, 5:41pm EDT
  by Jim Gerl