Winter Law Firm LLC

03/22/2023

𝗦𝗖𝗢𝗧𝗨𝗦 𝗶𝘀𝘀𝘂𝗲𝘀 𝘂𝗻𝗮𝗻𝗶𝗺𝗼𝘂𝘀 𝗼𝗽𝗶𝗻𝗶𝗼𝗻 𝗶𝗻𝘃𝗼𝗹𝘃𝗶𝗻𝗴 𝘀𝗽𝗲𝗰𝗶𝗮𝗹-𝗲𝗱𝘂𝗰𝗮𝘁𝗶𝗼𝗻 𝗹𝗮𝘄

Yesterday, the Supreme Court of the United States, in a unanimous opinion in Perez v. Sturgis Public Schools (written by Justice Gorsuch), ruled that plaintiffs can pursue relief under laws to the extent that doing so does not seek relief under the Individuals with Disabilities Education Act ("IDEA"). Among the reasons why this decision is notable, two stand out.

1. Plaintiffs no longer need to exhaust the IDEA's administrative process when--and this is important--the relief being sought is not available under the IDEA. Relief not available under the IDEA, for example, includes damages. But where a parent seeks tuition reimbursement (i.e. when they remove their child from the district and unilaterally place them in a private school), that relief is available under IDEA. Requesting that relief therefore would require the parent to proceed via the IDEA's administrative process.

2. No longer do parents need to wait until the administrative process under IDEA is complete before heading to court. Sometimes parents are eager to get their "day in court" and not merely have their case heard in the first instance by a hearing officer. To put a finer point on it: You can expect to see more school districts and administrators named as defendants in lawsuits filed in federal court.

To be sure, Perez does not answer every legal question that will arise (particularly as it relates to damages). But Perez does unlock another avenue that students and parents can travel to pursue justice. And that is a very good thing.

You can read the full Perez opinion at the link below.

Want to learn more? Visit www.WinterLawPA.com or give us a call at 717-470-4700.

https://www.supremecourt.gov/opinions/22pdf/21-887_k53m.pdf

03/14/2023

From bullying to disciplinary issues to academic concerns, there are a lot of issues that parents of special-education students face. And although many parents believe that their child's school district has their child's best interests at heart, parents are too often disappointed to realize that they were wrong.

In the latest episode of The Later in Life Planning Show (Keystone Elder Law P.C.), Cory sat down with Patrick Cawley, Esq., to discuss how he helps parents navigate the complicated patchwork of special-education laws and helping parents get their children the education they deserve--all while leveling the playing field against the district.

To listen, click below or search for "The Later in Life Planning Show" on Apple Podcasts, Spotify, or wherever you get your podcasts. 🎙

If there is one thing that keeps a parent or grandparent up at night, it's wondering who will take care of a child or grandchild with special needs when older family members are gone. Special needs planning -- whether for a spouse on Medicaid for long-term care or a child with a disability -- is at....

01/03/2023

Frustrating -- stressful -- overwhelming.

These are words that parents often use to describe what it's like to navigate the IEP process in their school district.

The good news is that there is a lot that parents can control to make their experience--and their child's education--a smooth, productive one.

Interested in learning more? Visit WinterLawPA.com/special-education to download a FREE guide containing 10 Tips for a Smooth IEP Experience. You'll discover how to keep yourself organized, why asking for help isn't a weakness (it's a strength), plus much more.

12/19/2022

New federal guidance recommends screening children for anxiety beginning at age 8 and depression beginning at age 12. Click the link below to read more about these recommendations, how they could affect your child's education, and what to do if you believe that your child's suspected or actual anxiety or depression is impairing their education.

Anxiety and depression have been on the rise in American’s youth even before pandemic. (See here.) A federal task force now recommends that children be screened for anxiety starting at age 8 and for depression starting at age 12. The US Preventative Services Task Forces issued these recommendation...

11/30/2022

Is your school district ignoring you? Does it take repeated calls and emails to get your district to do the bare minimum for your spcial-needs child? Could you sum up your district's attitude toward your child's education in one emoji:🤷‍♂️?

The frustration is real. The anxiety is real. The hopelessness is real. The power imbalance is real.

Here's the good news:

-You don't have to fight this battle alone;
-You can get back to focusing on your family; and
-You can create a better life for your special-needs child.

An initial consultation with Winter Law Firm LLC will diagnose the legal issue(s) you are facing, provide a strategy to resolve those issues, and provide action steps to pursue a resolution.

Don't wait another moment. You have nothing to lose. Visit www.WinterLawPA.com and request an initial consultation. Let's go from 🤷‍♂️ to 🤝--together.

Special education lawyer serving special education students and their families across Pennsylvania. Don‘t delay–schedule a free consultation.

11/24/2022

"The root of joy is gratefulness . . . . It is not joy that makes us grateful; it is gratitude that makes us joyful."

-Br. David Steindl-Rast

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Wishing you and yours a very Happy Thanksgiving.

11/11/2022

Pennsylvania's Office for Dispute Resolution--the office charged with initially adjudicating due-process complaints--recently published its annual report for fiscal year 2021, which ended on June 30, 2022.

You can find my analysis of the report in the link below (and a link to the report itself). But for the TL;DR crowd, here is a summary of the top 5 revelations:

1️⃣ After two years of decline, requests for due process soared to a five-year high, increasing by more than 25% over FY 2020.

2️⃣Parents proceeding without an attorney to a due-process hearing were largely unsuccessful.

3️⃣ Over half the complaints filed for school-age students concerned issues of compensatory education.

4️⃣ Mediation has resulted in an agreement in only 30% of cases.

5️⃣ If the parties proceed to a due-process hearing, most cases end with the decision of the hearing officer; few cases are appealed to court.

The Pennsylvania Office for Dispute Resolution recently published its most recent annual report for fiscal year 2021 (July 1, 2021-June 30, 2022). The report is rife with data and analysis. Below are the report’s top 5 revelations. After two years of decline, requests for due process soared to a f...

11/11/2022

As we pass the quarter pole of the school year, two issues that are coming to the surface as students approach the "quarter pole" of the new school year (yep: it's flying by!):

📊 Grades: What they can tell parents--and what they can't--about a student's educational progress, and why parents shouldn't wait for the district before taking action.

🔍 Evaluations: How parents can request that school districts evaluate their child for a potential disability--and what can help parents identify that their child may have a disability affecting their educational performance.

Read more here:

Coming soon2 Check back soon for the first blog entry from Winter Law Firm LLC. Uncategorized