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Spencer Walsh Law, PLLC https://www.spencerwalshlaw.com Tracey Spencer Walsh is a special education lawyer Mon, 08 May 2023 16:54:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.7 https://www.spencerwalshlaw.com/wp-content/uploads/2018/11/cropped-favicon-100x100-150x150.png Spencer Walsh Law, PLLC https://www.spencerwalshlaw.com 32 32 The Supreme Court Will Decide a Significant Special Education Case https://www.spencerwalshlaw.com/the-supreme-court-will-decide-a-significant-special-education-case/ Wed, 21 Dec 2022 21:56:08 +0000 https://www.spencerwalshlaw.com/?p=11564
⚫ The Supreme Court Will Decide a Significant Special Education Case.
 
The justices will decide whether families must exhaust special education proceedings when they seek money damages under other federal laws.
 
Full article is at www.edweek.org
 
The case, Perez v. Sturgis Public Schools, is scheduled to be heard on January 18, 2023.
 

 

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The IDEAL School of Manhattan celebrating Sweet 16! https://www.spencerwalshlaw.com/the-ideal-school-of-manhattan-celebrating-sweet-16/ Fri, 18 Feb 2022 16:55:58 +0000 https://www.spencerwalshlaw.com/?p=11521

⚫ FYI:
Dear IDEAL Friends!

After two years, IDEAL is excited to bring back our Annual Gala on Monday, April 25, in person! 2022 marks IDEAL’s 16 year anniversary, and, as such, the theme for this year is Sweet 16! The Gala theme embodies a coming of age and marks a milestone. Sixteen years old and IDEAL couldn’t be sweeter!

In 2015, three families founded the only independent inclusion school in New York City. They believed that a school with small class sizes, individualized attention, and a strong commitment to the arts would allow their children to flourish. The first Gala helped the school’s founders establish a small K-2 program. This year’s Gala celebrates thriving school which today includes Grades K-12, as well as the postsecondary Next Steps Transition Program.

The Gala is a time to celebrate this beautiful community with an evening of fun and entertainment, live and in-person.

There are many ways every member of our community can help, including:

  • Buying and selling raffle tickets
  • Donating and/or soliciting auction items
  • Inviting friends, family, and colleagues
  • Purchasing a ticket and attending the event

The Gala will include a raffle with several high-end prizes as well as auctions. Please reach out to friends, family, or neighborhood service providers for donations. Everything and anything is appreciated! Some examples of past auction items:

  • Gift Certificates: From $25 at a local manicurist to restaurants, spa treatments, and private lessons
  • Tangible Items: Art, wine, jewelry, handbags, clothing, books, and toys
  • Sports, Arts, and Entertainment Tickets: Knicks, Mets, Yankees, Nets, or Rangers, Lincoln Center, concerts,
  • Broadway, US Open, or golf foursomes
  • Destinations and Travel: Hotel packages, private vacation homes, or airline miles
  • Unique Experiences: Backstage tours, meet-and-greets with athletes and celebrities, a meal prepared by a professional chef, or tickets to a live TV or talk show

    Please click the links below for a donation form and a letter that you can use to solicit donations. All donations are tax-deductible to the extent allowed by law and all donors will be acknowledged at the event and in the Annual Report of Giving.

    You may reach out to any of us at gala@theidealschool.org if you have any questions or want to get involved.

    www.theidealschool.org

Or contact us if any questions.

 ❤

 

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My podcast – “It’s Special” https://www.spencerwalshlaw.com/my-podcast-its-special/ Tue, 25 Jan 2022 18:53:28 +0000 https://www.spencerwalshlaw.com/?p=11511
⚫ Last spring, on one of my long walks through nature, the idea of starting a podcast for special needs families and professionals came to me. I now have recorded several podcasts, and conducted interviews with top professionals in the field and these podcasts will launch soon and hopefully by February. It is exciting work and I am always excited to speak with highly intelligent and knowledgeable people in the world of special education. I missed meeting and speaking with these professionals, as I would prior to Covid, at a hearing, at an event, or at a conference.
⚫ My podcast, is “It’s Special.” I realized just having a video chat with these highly knowledgeable professionals or telephone call was not enough, because you could not hear our conversation, and may never know what I learned. My podcast is a way to allow you and anyone in the public to overhear my conversations with these esteemed professionals. I realized that so many of you would benefit from these conversations and I want you to overhear our dialogue. I will let you know as soon as it launches so that you can tune in.
⚫ I know how incredibly difficult this last year has been for you. Being a parent to a child with special needs is challenging in and of itself and you have had the added unchartered challenge of a global pandemic, resulting in illness, fear, school shutdowns, and much more.
– With Love ❤
Tracey Spencer Walsh

 

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Paperless Law Office and The New Normal https://www.spencerwalshlaw.com/paperless-law-office-and-the-new-normal/ Wed, 19 Jan 2022 15:29:04 +0000 https://www.spencerwalshlaw.com/?p=11506

⚫When I was starting Spencer Walsh Law in 2015, I had a vision that a paperless office would be the best and most productive type of law office imaginable. After having spent close to 20 years buried in paper, I saw becoming a paperless law office as Nirvana, and it has turned out to be incredibly efficient. But I definitely did not foresee a future where we would only be connected to the world through digitization. ⚫ Like many people, there were entire days this year when the only human interaction I had was through a screen. The result has been the most unusual and difficult year of my life. (I suspect a lot of you reading this might say the same.) ⚫ 2020 had a brief period of relative normalcy before COVID-19 upended everything. In 2021, the pandemic has dominated our lives since day one.

⚫ We’ve all had to adapt to a “new normal,“ although what that looks like is different for every person. For me, the result has been a year spent mostly online. I had stretches of time without any face-to-face social interaction. When I had a break between telephone calls and hearings, I would walk around outside to see something different. After work, I took online bridge lessons and chess lessons and would play games online with my new “remote” friends. ⚫ Our Spencer Walsh team would have a social hour once a week, where we would all meet on zoom with a cocktail or mocktail and celebrate the fact that we were operating incredibly well despite the challenges that the pandemic threw our way.

⚫Once I got vaccinated, I started having some small in-person get together‘s, but my social life is still a lot more digital than it used to be. It’s been a strange and disorienting experience. My personal world has never felt smaller than it did over the last 12 months.

At the same time, this year was a reminder that our world is more connected than ever. ⚫ Collaboration has been a constant theme with my work this year. The foundation continues to take up the bulk of my time, and I’m blown away by the amazing progress the Spencer Walsh team made in 2021. We had weekly virtual team meetings. Each meeting is client-focused and focused on a different topic, like getting through the bottleneck at the Impartial Hearing Office, securing funding for our clients who have been successful in hearings and settlements, and how to be efficient despite the incredible inefficiency of the New York City Department of Education. ⚫ It’s inspiring to hear how our team, by working together, continue to find solutions.

⚫ And, each morning as our virtual office opened, our Spencer Walsh team would have a minute of silence on behalf of all of you, and think and feel and send positive energy your way.

🖤 I hope you have been able to receive this positive energy we hold for you.

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Governor Hochul Announces Historic $240 Million Increase in Investment for Schools Serving Children With Disabilities https://www.spencerwalshlaw.com/governor-hochul-announces-historic-240-million-increase-in-investment-for-schools-serving-children-with-disabilities/ Mon, 03 Jan 2022 15:26:58 +0000 https://www.spencerwalshlaw.com/?p=11502

⚫Funding For Preschool And School-Age Special Education Providers Will Increase By 15%

Governor Also Signs Major Legislative Package To Provide Resources To Students With Disabilities, Their Families And Social Services Providers  ⚫

Governor Kathy Hochul today announced plans to include a historic $240 million increase in investment for approved private schools serving children with disabilities in her upcoming 2022-2023 Executive Budget. Governor Hochul also signed a package of legislation to increase resources and support for students with disabilities, their families and social services providers.

“This historic investment in schools serving students with disabilities, along with four bills I am signing into law, will make a huge difference in the lives of students, families and schools in every corner of New York,” Governor Hochul said. “Throughout my time in office, I’ve made it a priority to listen to the disability community and provide the resources and support they need to thrive. People with disabilities have my commitment: as your governor, I’ll always stand by your side and fight for you.”

Following the 4 percent cost-of-living adjustment approved for the 2021-2022 school year tuition rates, the New York State Division of the Budget will authorize an additional cost-of-living adjustment of 11 percent for the 2022-2023 school year – an increase of more than 15 percent over two years. The 2022-23 cost-of-living adjustment will increase preschool and school-age special education providers’ annual funding by more than $240 million, with the State ultimately reimbursing school districts and counties for roughly 60% of this cost.

Read the full article here.

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Special Education Tuition Hearings Shift to NYC Trials Agency in Push to Tackle Case Backlog https://www.spencerwalshlaw.com/special-education-tuition-hearings-shift-to-nyc-trials-agency-in-push-to-tackle-case-backlog/ Thu, 23 Dec 2021 20:43:16 +0000 https://www.spencerwalshlaw.com/?p=11497

⚫ The de Blasio administration is transferring oversight of a backlogged special education complaint system — where filings typically take months or years to resolve — from the education department to a city entity that operates administrative trials.

The shift was codified earlier this month in a memorandum of understanding between the city and state education departments and the Office of Administrative Trials and Hearings (OATH) that gives the city office two years to clear the case backlog.

OATH’s court-like system holds trials on alleged violations in a range of areas, including conflicts of interest rules, campaign finance regulations and local laws, such as the right to paid sick leave from work. READ THE FULL www.thecity.nyc ARTICLE here.

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Detecting Autism with Artificial Intelligence https://www.spencerwalshlaw.com/detecting-autism-with-ai-artificial-intelligence/ Fri, 17 Sep 2021 22:09:31 +0000 https://www.spencerwalshlaw.com/?p=11441

A groundbreaking artificial intelligence algorithm that was developed by scientists at the University of Geneva has the ability to detect Autism Spectrum Disorder—a disability that is quite challenging to diagnose during a child’s early years—in children under the age of five. 

By anonymously analyzing a child’s movements and/or interactions with another person through video recordings, this newfound AI algorithm is able to identify whether a child displays characteristics of autism spectrum disorder, such as difficulty in establishing eye contact, smiling, pointing to objects, or the way they are interested in what surrounds them. For more information on this amazing development, click here.

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IDEA https://www.spencerwalshlaw.com/idea-ndividuals-with-disabilities-education-act/ Fri, 13 Aug 2021 14:42:10 +0000 https://www.spencerwalshlaw.com/?p=11417

Under the Individuals with Disabilities Education Act, the “IDEA“, you may be entitled to reimbursement when you enroll your child in a private school if your school district does not provide your child with a free appropriate public education (FAPE). 

To determine whether a parent is entitled to reimbursement, courts apply a three-prong test, which assesses the following: 

[i] whether the school district’s proposed plan will provide the child with a FAPE;
[ii] whether the parents’ private program and placement is appropriate to the child’s needs; and
[iii] a consideration of the equities, or whether the parents have cooperated with the school district (and did not impede the school district from developing an appropriate plan, for example, if parents refuse to attend IEP meetings for their child, that could be deemed as uncooperative and the court may find that the parents were uncooperative and therefore deny reimbursement).

If a court determines that the school district has failed to provide a child with a FAPE, and that the parents’ private placement is appropriate to the child’s needs, and that the parents have cooperated with the school district, all three prongs will have been met under the applicable law, and a parent will thus be entitled to reimbursement for private school tuition and costs.

Contact us for more information.

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10-Day Notice time for 10-month clients https://www.spencerwalshlaw.com/10-day-notice-time-for-10-month-clientsmonth-students-funding/ Fri, 06 Aug 2021 19:43:08 +0000 https://www.spencerwalshlaw.com/?p=11402

It is 10-Day Notice time! The 10-Day Notice deadline for 10-month students is quickly approaching. 10-Day Notices inform your school district of your intention to place your child in a private placement and request reimbursement for the services you are seeking for the 2021-2022 school year. 

If your child is a 10-month student who participated in a summer program, you may need a second 10-Day Notice for any schooling or services your child will be receiving in the Fall.

Be sure to reach out to your attorney about whether or not you need.

Schedule a consultation with Spencer Walsh Law, PLLC.

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NYC DOE & Reimbursement https://www.spencerwalshlaw.com/nyc-doe-and-reimbursement/ Fri, 30 Jul 2021 18:39:48 +0000 https://www.spencerwalshlaw.com/?p=11321

Have you been waiting weeks or even months for reimbursement from the New York City Department of Education? You’re not alone, and Spencer Walsh Law is vigorously helping its clients.

When the NYC DOE fails to make payments to parents that they are lawfully owed after Spencer Walsh Law has won the case for you, whether it be reimbursement for tuition, services, and/or transportation, when you have had enough of waiting for the DOE to pay you, you can “make a federal case of it” – literally – you can engage Spencer Walsh Law to file an Enforcement Action in Federal Court to get the Federal Court to compel the DOE to release your money to you. Spencer Walsh Law has seen great success in “shaking the money loose” with the added “bite” from the Federal Court.

For more information about this and other special education related topics, schedule a consultation with us on our website  at www.spencerwalshlaw.com 

Schedule a consultation with Spencer Walsh Law, PLLC.

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