Do Children Have Rights in Private School?

Do children have rights in private school? Special Needs Children Have Limited Rights in Private School. Public schools (including charter schools) receive federal funding and in exchange for taking that funding, they have to abide by federal laws.  One federal law which public schools have to follow is the Individuals with Disabilities Education Act (“IDEA”).  The […]

What’s the Difference Between General Ed and Special Ed?

What’s the difference between Special Ed and General Ed? This is a great question which parents are sometimes afraid to ask. The simple answer is that general education is the typical classroom that we think of when we think of school.  Special education is more complicated because it has changed over time.  Years ago before […]

Get Comp Ed for COVID Learning Loss

Get Comp Ed for COVID Learning Loss What Is “Comp Ed”? Compensatory education is a legal concept that has been around for decades but has had renewed interest during COVID-19.  Technically it’s been a legal remedy that may be granted by a judge.  Practically, compensatory education is a tool parents should leverage.  It can make-up […]

How to Get an IEP Assessment

What is an IEP Assessment? Your Right to an Assessment Federal law (the “IDEA”) gives parents a right to a school IEP evaluation.  That right did not change during COVID.  Even if your child is in distance learning 100% of the time, they still have a right to be assessed if they have (or may […]

Don’t Let Your School Get Away with Denying an Evaluation to Your Child

Don’t Let your school deny your child an evaluation? Why Get an Evaluation Getting an evaluation is the first step in getting an IEP (an Individual Education Plan).   You can not get an IEP without an evaluation.  While you don’t need an evaluation to get a 504 Plan, you do need one to be eligible […]

What’s the Difference Between An IEP and A 504 Plan?

WHat’s the difference between an IEP and a 504 Plan? What’s the Difference? Before I get into the guidance, I just want to give you an ultra mini legal course in the difference between a 504 Plan and an IEP.  An IEP comes from the Individuals with Disabilities Education Act (“IDEA”) and gives very specific […]

Can that IQ be Right? Autism and IQ

Girl glasses test

Can This IQ be right? Autism and IQ More and more often I am advocating for children on the autism spectrum who are achieving at or above grade level, but whose IQ scores show them to have below average or even cognitively impaired. The IQ score is supposed to represent a person’s ability to learn, […]

If You Think Your Child Has a Learning Disability, Do these 5 things.

If you think your child has a learning disability, do these 5 things. I am a mother and a special-education advocate, and I have dyslexia. Many parents have confided in me that they had a “hunch” that something was not right with their child. More often than not, a parent’s hunch turns out to be […]

Authority Mag Interview on Education Reform

Allison Hertog Special Education Lawyer

Authority Magazine Interview with Allison Hertog This interview of Allison Hertog is part of Authority Magazine’s series about the things that should be done to improve the US educational system. Allison Hertog comes to the fields of special education and disability law with a highly unique background. She is one of only a handful of […]

Due Process Win for Child with Epilepsy!

Happy girl in school

Due Process Win for Child with Epilepsy Today Allison Hertog won an IEP due process hearing for a special needs child with a severe form of epilepsy.  The School Board of Broward County, Florida is the fifth largest school district in the country.  It refused to follow her doctor’s instructions for an emergency and school […]

We Filed Sexual Harassment Federal Suit

We Filed (and Settled) a Sexual Harassment Lawsuit This press release was issued on January 5, 2019 when we filed this suit.  It was settled in October of the same year. (Washington, D.C.) Today, the National Women’s Law Center (NWLC) with co-counsel Stroock & Stroock & Lavan LLP and Florida attorneys, Alice K. Nelson and […]

Win in Federal Court for Our Clients!

Today our triplet clients had another huge win against the Miami-Dade County School District – the fourth largest in the country.  We’re so thrilled to report that Judge Joan Lenard of the Federal District Court of the Southern District of Florida denied the school board’s motion to dismiss our case.  Our clients, who won a due […]