Autism :: Florida Child Injury Lawyer Blog

Do Florida Children with ADHD (Attention Deficit Hyperactivity Disorder) Qualify for Special Education under IDEA?

Do Florida children with ADHD (Attention Deficit Hyperactivity Disorder) qualify for Special Education under IDEA (Individuals with Disabilities Education Act)? Like many legal questions that I face as a child rights attorney every day, the answer is "it depends". ADHD is not particularly listed as one of the conditions that could qualify a child / student for Special Education under IDEA. These conditions include the following:

Autism
Hearing impairment (which includes deaf children)
Visual Impairment (which includes blind children)
Mental Retardation
Serious emotional disturbances
Traumatic Brain Injury (TBI)
Orthopedic and related physical impairment
Special learning disability
Other health impairment

The United States Department of Education did add ADHD as a condition under "Other health impairment" as noted in the Children with ADD/ADHD -- Topic Brief in March 1999. However, a parent must show that the ADHD alone or the ADHD combined with other noted conditions produces a need on the part of the child for Special Education.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

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Deaf Children - IDEA - Rights of Your Deaf Child in the School System

Having a deaf child in the Florida school system can be a wonderful mainstream experience for your child. Then again, it can be most frustrating if the school does not take measures to properly educate the deaf child and provide necessary resources to insure the success of your deaf child in the school system. I reviewed an extensive study and article on the subject of Deaf Children and IDEA (Individuals with Disability Education Act) that was linked at the American Society for Deaf Children Web Site. Parents of deaf children often times arm themselves with education and studies in order to promote and advocate for their child's educational needs and best interests. Often times, parents need help from a Special Education Attorney ready, willing, and able to enforce of the rights of the deaf child under IDEA and related laws. Addressing the educational needs of a deaf child and other special needs children in a timely, professional and effective manner is paramount to the child's educational as well as social growth and maturity. It is also the law.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Child Safety , Education , Education Law , Special Needs Children

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I Need a Lawyer to Represent My Child's Educational Needs Before a School Board: What Kind of Lawyer / Attorney Should I Hire?

I am often asked the question, "I need a Lawyer to represent my child's educational needs before a School or School Board. What kind of Lawyer / Attorney do I need?" This is an excellent question. Frankly, Florida Personal Injury Lawyers are easy to find. Watch television or look in the yellow pages. Special Education lawyers / attorneys are not so easy to find. It is helpful to find a Special Education Lawyer in your geographical area. In North Florida, you would look for an attorney in Jacksonville, Orange Park, Jacksonville Beach, St. Augustine, Green Cove Springs, and the surrounding areas. Getting a school and / or school board to educate your child and provide the services required by law can be quite challenging. If necessary, the Special Education Lawyer can request an administrative hearing and get an order to require the school to comply with the applicable federal and state laws regarding your child's educational needs.

Every school district has the legal duty to comply with IDEA (Individuals with Disabilities Education Act). Children that may qualify for special education under this federal law include children with mental retardation, hearing impairment (which includes deafness), visual impairment (which includes blindness), serious emotional disturbance, autism, traumatic brain injury (TBI), special learning disability, or other health impairment.

If you need a Special Education lawyer, contact Wood, Atter & Wolf, P.A., a laws firm "On Your Side - At Your Side."

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

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Children with Special Needs - Disabilities Need to Be Educated in Least Restrictive Environment in Florida - It's the Law

Children with disabilities and special needs in both public and private institutions in Florida and the rest of the United States should be educated in an environment that is least restrictive. Federal Law - United States Code - Title 20, Chapter 33, Subchapter II, Section 1412 provides the following:

"To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."

Special Education Lawyers in Florida represent and advocate for the educational and best interests of children. Even though it can be challenging to accommodate the needs of a child with disabilities and education, the school, administration, and school board still have a legal duty to comply with Federal and State law. Often times, the school system falls short, ignores the needs of the child and family, and needs to be educated as to the law and educational resources and techniques that should be put in place for the child with Special Needs and disabilities.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Education , Education Law , Special Needs Children

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Special Education Law Dictionary - Terms to Know in Dealing with Your Child's Special Education Needs in Florida

In dealing with your child's special education needs in Florida, it is helpful to know the definitions of key terms utilized by special education law advocates, therapists, educators, administrators and school boards. Some key definitions include the following:

Individualized Education Program (IEP)
a yearly education plan written by teachers, therapists, psychologists, etc. and the child's parents for school age children with disabilities

Individualized Family Service Plan (IFSP)
an education plan written by teachers, therapists, psychologists, etc. and the child's parents for a child birth through 2 years old with disabilities

interdisciplinary team
various individuals from different disciplines that assess children's needs (speech therapist, occupational therapist, nurse, psychologist, etc.)

You can find definitions for other key terms at the Special Education Law Dictionary. While it is helpful to know key terms and their definitions, this knowledge, in and of itself, will not necessarily promote the best interests of your special needs child in the school system. A special education lawyer / attorney / advocate can help guide you through the process. Contact Wood, Atter & Wolf, P.A. for more information. At Wood, Atter & Wolf, P.A. - we are On Your Side - At Your Side.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Child Safety , Education , Education Law , Special Needs Children

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Service Dogs Help Better the Lives of Autistic Children

Service dogs help better the lives of Autistic Children. One prime example is Charlie who is owned by friends in California. Charlie was bred and trained by a wonderful organization called the North Star Foundation in Stors, Connecticut. You can read all about Charlie and his adventures at my friend's blog - Charlie the North Star Dog. The North Star Foundation places service dogs with autistic children and special needs children to promote the social skills and other life skills for the child. According to the North Star Foundation Web Site, "We believe there is no better way to teach tolerance than through the eyes of a puppy being trained to help a child find their way to a happy and healthy tomorrow."

I believe that everybody could learn a thing or two about life with a service dog. Hopefully, Charlie the North Star Dog will have years of happy adventures in the future as he betters this world one bark at a time. There is an article about Charlie the North Star Dog and other service dogs at American Kennel Club Gazette - Picking the Lot - Service Dogs Enter A New Specialty - Helping Autistic Children.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Autism , Child Safety , Dogs / Dog Bites / Animals / Pets , Special Needs Children

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