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Latest News2018-03-21T15:44:46+00:00

Bullying May Violate Disabled Child’s Civil Rights

Bullying is a hot topic in the news lately as well it should.   And as a special education attorney I hear about students with disabilities being bullied frequently.  See this article from and this site EyesonBullying for good advice about what to do if your child is being bullied. The Obama administration is pressuring schools to help curb bullying, particularly when the victim it targeted because he or [...]

Even If You Could Get a 1:1 Aide, Here’s Why You May Not Want One.

I hear it less now than I used to, but parents still routinely ask whether I can help their child get a 1:1 aide (meaning a paraprofessional who is ostensibly hired only to support a single child). My first response is that it's always been very difficult, but due to budget cuts, it's more difficult now than ever.  My next response is that aides are not usually the answer to [...]

By |January 24th, 2013|1:1 Aide, Behavior Problems|34 Comments

Can that 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 mentally deficient intelligence levels. The IQ score is supposed to represent a person's ability to learn so, how could it be that a child could be learning so well but be mentally retarded? The answer is that [...]

By |December 21st, 2012|autism, autism spectrum disorders, Evaluations|0 Comments

Finally, Some Good News for Gifted and Disabled!

One of the most challenging and infuriating areas in which I practice is advocating for the gifted and disabled (called "twice exceptional") these days.  I feel particularly passionately about these cases because I fall into the category of twice exceptional (I suffer from multiple learning disabilities) and when I was a student in public school, I was left back in second grade and misdiagnosed as cognitively "slow." I am continually arguing to the school [...]

Charter Schools Have a Great Opportunity to Serve Sped Students Well

As many of you may have heard, last spring the U.S. Government Accountability Office issued a study concluding that charter schools enroll a lower percentage of special education students than traditional public schools.  The latest is that the U.S. Department of Education Office of Civil Rights has deployed “several broad compliance reviews” to address enrollment as well as legal compliance in charter schools, and that some state legislatures have placed [...]

Testing Makes McKay Scholarships Accountable to Parents – a post from the redefinED Blog

In Robyn Rennick’s post on Florida’s McKay Scholarships for Students With Disabilities last week, she argued that standardized testing measures are “inappropriate,” even “cruel,” for disabled children due to their diverse levels of achievement and in some cases immeasurable levels of progress. But this assumes that standardized testing is a “one size fits all” accountability measure. In reality, there are dozens, even hundreds, of standardized assessments that are designed for every segment of the student [...]

By |June 22nd, 2012|autism, McKay Scholarship, school choice, Special Education|0 Comments

Can the ADA Help Your Child in School? Yes, Now More Than Ever!

If you're reading this blog, you've probably heard of the ADA - Americans with Disabilities Act – that’s the landmark piece of civil rights 1990 legislation which requires wheelchair accessible bathrooms, for instance.  But what you may not know is whether the ADA applies to your disabled child in school.  You'd think it would, right?  But then, why does everyone talk about the Individuals with Disabilities Education Act (IDEA) all [...]

Make School Work for Your Child

Did you ever wish you had someone to sit on your side of the table? Not just a lawyer.  Not just someone with first-hand experience teaching kids with disabilities.  But also a passionate advocate for your child's needs.  Well, you've finally found me.  Allison Hertog, the firm founder, is one of only a handful of lawyers in the country who has a Masters degree in Special Education. I founded Making [...]

By |January 29th, 2012|A. Hertog|0 Comments

Miami-Dade School District Cut ESE Funding by Over $46 Million, Broward – $32 Million!

If you've heard your child's teachers complaining more than ever about scarce classroom resources - or worse, your child has lost classroom support, such as a paraprofessional or an extra teacher - there's a reason.  The most recent data gathered by Washington, DC - based Advocacy Institute shows that Miami-Dade Public School District has cut special ed funding by over $46 million dollars!  And Broward by over $32 million.  In [...]

By |October 11th, 2011|1:1 Aide, adhd, autism, IDEA, Special Education|0 Comments

McKay Scholarship Expansion – 504 Plans Can Get $ for Private School

If your disabled child has a written school plan giving him or her accommodations (called a "504 Plan"),  that plan can translate into a dollar amount, and you can use that money to pay for private school tuition.  Governor Scott signed a new law expanding the McKay Scholarship program to cover students with 504 Plans, and that law goes into effect on July 1, 2011.  Prior to this expansion, only [...]

By |June 20th, 2011|504 Plan, ACT, Americans with Disabilities Act, school choice|0 Comments
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