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Associate focused on advising and representing K-12 education clients on a wide range of education, labor, and employment law matters.

As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not have an IEP is up for expulsion and then the parent requests an evaluation or argues that the student should have already been found eligible. You know special rules apply, but trying to piece it all together can make your head spin.

We’re flowchart people over here at Franczek P.C. Let’s start with a visual representation of the process, then we’ll dig into some of the complexities and reference guidance the Office of Special Education Programs (OSEP) released earlier this year.
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A recent Education Week Curriculum Matters blog post, “Meet the Moms Pushing for a Reading Overhaul in Their District,” is an important reminder of the challenges that can arise when parents and school staff do not agree on reading methodology for students with special needs. While the law allows schools to choose methodology for students receiving special education and related services in reading and other curricular areas, conflicts over curriculum choices can be expensive to litigate and can undermine parent-staff relationships. How do you minimize the risk of curriculum wars over reading methodology?
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