The Law Offices of Adam Dayan represents parents of children with special needs in pursuing appropriate educational programs and services for their children. We represent children of all different ages who have a wide range of special education needs. It is never too early for a parent to seek help. We encourage parents to become informed early, and we provide guidance through all stages of the special education process.
New Mission
New Mission
My mission is to explore how other countries around the world are dealing with education and special education issues.
I would like to visit and observe different types of schools that have proven records of success, wherever those schools may be. I would like to meet with school directors and administrators, government officials, leaders in the business world, and others who are responsible for implementing education systems or otherwise connected to education to learn more about how education is being addressed in their communities.
If you know of any remarkable schools in other parts of the world (especially special needs schools), please let me know about them. If you know of any education experts who are engaged in remarkable work in this field, please introduce me to them.
Please do not hesitate to share your thoughts or ideas regarding the above. Read more about my mission here.
Search This Blog
Friday, January 14, 2011
Program Recommendations and Related Services Recommendations
It doesn't seem like that argument has been persuasive yet the districts continue to make it. In SRO 10-112, the district tried to argue that SEIT services were not available as a pendency placement because the student had become school-aged and the related services were specifically tailored for the specific preschool placement. The SRO did not buy this argument and explained that "in order to comply with its obligation under pendency, [the district] must provide those special education and related services that are not in dispute. . . . The district has not provided a sufficient legal basis for its argument that the parents must accept either all or none of the student's previously agreed upon special education and related services. . . ." Therefore, even though the child had become school-age, he was still entitled to SEIT services (which are normally meant for pre-school-age children).
In SRO 09-125, the district attempted a similar argument. This case involved a child transitioning from preschool (CPSE from April 2009) to a school-age program (CSE IEP dated May 2009). The district said the parent could not get a "hybrid pendency placement" which would mean implementing related services from the April CPSE IEP while the child was currently placed in the program from the May CSE IEP. Again, the district is arguing for an "all or nothing" approach. The SRO (Kelly, not Bates) then used some fancy footwork to help the parents get what they were looking for. He said that the April IEP was "the last implemented non-disputed IEP" but that the parents then agreed to accept the kindergarten class and related services from the May IEP. But, he said, this should not prevent the parents from getting those other home-based services from the April IEP. Therefore, the parents were awarded the home-based services that were not accounted for in the May IEP, including SEIT services even though the child had now become school-aged.