October 30, 2008

Choking Incidents Among Children - Risks, Hazards and Safety Measures

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Children are at risk for choking on food items and foreign objects due to physical and developmental factors. Choking can result in a transient or temporary event that causes no significant injuries. In other cases, choking can result in serious airway obstruction or blockage that can lead to permanent brain damage or death.

Children, especially those 5 and younger, need to be closely supervised and monitored. Food items can cause a child to choke. In addition, small foreign objects like coins, buttons, small toy parts, and other common items can cause choking incidents as well. Prevention is key to reduce the incidents of choking. When a choking incident does happen, timely response to vital to protect the health, safety and welfare of the child. A personal injury claim on behalf of a Florida child can be pursued if there was negligence in allowing the child to ingest the dangerous food item or foreign object OR if there was a serious delay in responding to the emergency situation involving a choking incident.

The Center for Disease Control (CDC) has conducted and published studies relating to choking incidents involving children. In 2001, over 17,000 children under the age of 14 were treated in emergency rooms for choking problems and complications. More than half of the incidents involved food items.

Almost 20 % of choking incidents requiring emergency room treatment involved candy items. Some involve hard candy and some involve soft candy like Gummy Bears.

Kids are still ingesting coins which accounted for approximately 18 % of emergency room visits in children between the ages of 1 and 4. You can read more about the CDC Study and Findings at Choking Incidents - Emergency Room Visits and Injuries.

October 3, 2008

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

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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.


September 30, 2008

National Association for the Education of Young Children - Accreditation Search in Florida Including Jacksonville, Florida

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The National Association for the Education of Young Children (otherwise known as NAEYC) is a non-profit organization based in Washington, D.C. Pre-school programs can be accredited under a voluntary program with NAEYC. Currently, there are 14 pre-school programs accredited under NAEYC which means that the facility met criteria set forth by NAEYC for education, programming, and facilities. It takes a good deal of hard work, planning, and consistent excellence to get a program accredited under NAEYC. One such program in Jacksonville, Florida stands as a model for pre-school programs accredited under NAEYC - Michele Block Gan Yeladim (at the JCA - Jewish Community Alliance) located at 8505 San Jose Boulevard, Jacksonville, FL 32217 - (904) 730-2100. Under the direction of Theresa Levy, the Michele Block Gan Yeladim Pre-School program provides pre-school and Kindergarten education as well as after school care for these children and older children in a clean, safe, and nurturing environment. You can learn more about this wonderful early education program at www.jcajax.org. You can also search for other NAEYC accredited programs in Jacksonville, Florida as well as other cities by visiting the NAEYC Web Site. It is important for parents to research and visit a pre-school facility before enrollment.

September 29, 2008

Florida School District and School Board Home Pages - Responsibilities of School Districts and Rights of Students

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Florida School Districts / School Boards have home pages on the internet. When you have a problem with a School District / School Board, it is helpful to read through the School District / School Board site and the School Board Rules. The Florida Department of Education has a Public Schools / District Home Page that has a listing for each county / district / school board in the State of Florida.

Administrators and School Board should be familiar with the rules / regulations and these rules / regulations should be followed the the school, administrators, teachers, and the district. Many disputes can be handled with a simple telephone call or conference with the teacher, administrator, or principal. Some disputes, problems, and issues require more formal action and consideration. These include issues dealing with Special Education, IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Plans). As parents, we should educate ourselves as to the the local, State, and Federal rules / regulations to the best of our ability. Parents should serve as the child's advocate in a positive way as should the local school, teachers, administrators, principals, and the district. Before contacting teacher, administrator, principal, or school board, think through the problem. Educate yourself on the local school and school board rules and regulations. If necessary, contact a Special Education lawyer to consider your child's legal rights within the school system and the school's legal responsibilities.

September 26, 2008

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

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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.

September 23, 2008

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

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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."

September 23, 2008

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

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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.

September 21, 2008

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

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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.