I. LEGAL AUTHORITY FOR SPECIAL EDUCATION
Individualized educational programming for students with disabilities is legally guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. 1400, et seq., and its implementing regulations, 34 C.F.R. 300.1, et seq. A child with a disability that affects his or her ability to learn is entitled to a “free appropriate public education” (FAPE) in the least restrictive environment. The child will be able to make meaningful educational progress with special education and related services. To the extent possible, children with disabilities should be able to participate in non-academic classes and activities, as well as have access to the general curriculum. The IDEA specifies timelines and deadlines for parents and school district personnel involved in providing a student’s special education, as well as strict procedural requirements. Additionally, New Jersey promulgated regulations implementing the special education process, which can be found at N.J.A.C. 6A:14. You can find a copy on the New Jersey school suspension lawyer.
Moreover, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, gives children with disabilities access to educational programs, services, and accommodations. Section 504 may be able to provide services to students who cannot meet IDEA’s eligibility requirements, even though IDEA is more detailed and contains more comprehensive procedural safeguards than Section 504.
Family Educational Rights and Privacy Act (FERPA), 34 CFR 99 et seq., governs privacy, confidentiality, and parental access, amendment, and destruction of educational records.
II. THE INITIAL EVALUATION PROCESS
Parents or guardians who believe their child needs special education services should submit a written request to the school district for an evaluation, which is considered a formal referral. Through classroom observations, school district personnel, such as a child’s teacher, may identify a child with a disability and refer him or her to the child study team. In order to determine whether an evaluation is warranted and the scope of any evaluation, the entire child study team must meet with the parent and the student’s teacher within 20 days of receiving the referral.
Parental consent must be obtained at least 15 calendar days before an evaluation is conducted by the child study team. If the parent refuses, the school district may request a due process hearing before an administrative law judge to obtain an order to proceed. If the parent agrees or the school district receives a court order, the school district has 90 calendar days to complete the evaluations, and if eligible, develop and implement an individualized education program (IEP).
NEW JERSEY SPECIAL EDUCATION ADVOCACY GUIDE
An initial evaluation must include assessments by at least two members of the child study team, as well as any other individuals necessary. The state mandates specialized assessments for some categories of suspected disabilities. A single test or procedure cannot constitute the entire evaluation, nor can standardized tests be the only criteria. Additionally, a functional assessment of academic performance and, if appropriate, a functional behavioral assessment must be included in an initial evaluation. Evaluations must be conducted in the child’s native language unless clearly not feasible, and they must be nondiscriminatory.
An evaluation is performed to determine whether the student has a disability that requires special instruction, their current academic and functional achievements, and their educational needs.
Heather Breeze Reveals What Family Court Taught Her About Life
Being a family lawyer means gaining a deep insight into relationships, familial conflicts, and life in general, every day. It’s a demanding and sometimes emotional job. But it’s one that teaches you important lessons about life, says barrister and professional mediator Heather Breeze.
Throughout her career, Australian barrister Breeze has had a diverse range of clients. Earlier in her career in England, she represented people in insurance claims and malpractice suits. As a mediator, she’s represented corporations in commercial disputes. But there’s one part of her legal practice that’s taught her more about life and human existence than any other. And that’s family law.
“It’s a really important area of law,” says Breeze. “There’s an enormous amount of good that can be done in it. And there’s got to be an angle when you’re working as hard as we all work where you’re really adding value.”
A barrister at Sydney-based 8th Floor Garfield Barwick Chambers — where her husband, barrister and professional soccer referee Matthew Breeze, also practises — Heather Breeze represents husbands, wives, and parents in all manner of family disputes. Here are three things that working in family law has taught Breeze over the years.
- The Best Path Through Conflict Is To Talk It Out
Being a barrister and representing family members in court proceedings means Breeze is accustomed to adversarial situations. In fact, she thrives in such circumstances and is a fierce advocate for her clients. But after decades of experience as a litigator, she knows full well that the most productive way through a family conflict is to talk things out and come to some form of agreement by finding a middle ground.
“Arbitration is a shortcut around the real nastiness of a courtroom,” she avers. “And a courtroom is a nasty, nasty place for a litigant to be in. Arbitration is better than that. Mediation is, has to be the gold standard.”
It’s easy to get pulled into conflict when the stakes are as high as they are in family disputes. When a parent is threatened with losing their child, it’s entirely natural that the only thing they want to do is fight. And while standing your ground and fighting for what you believe in is important, it can often lead to a winner-takes-all mentality that blinds people to compromises that can lead to positive outcomes.
As well as being an experienced barrister, Breeze is a partner in a mediation practice called Mediate3. While using the same essential skills — negotiation, advocacy, and empathy for her clients — being a mediator in a mediation is very different from being a barrister in a court case.
Mediation is a form of alternative dispute resolution that works by bringing opposing parties in front of a third-party, independent mediator. The mediator isn’t there to pass judgement or take sides. Instead, the mediator’s role is to bring the parties together in an agreement that’s mutually beneficial.
Heather Breeze says that when it comes to bringing opposing parties to a mutually beneficial outcome, talking it through in mediation is far more successful that litigation.
“Fighting is counterproductive. There’s always a better alternative,” says Breeze. “Litigation is counterproductive.”
- Some People See Parenthood as a Right — But It’s a Privilege
One of the most difficult lessons Heather Breeze has learned from representing parents in custody cases is that oftentimes people see parenthood as a right. She’s lost count, she says, of the number of times she’s seen mothers and fathers come to court demanding their rights as a parent — to custody or visitation.
But courts simply don’t see parenthood in this way, she shares.
“Parents sort of come at this thing thinking, I’ve got rights. I need to be able to spend time with my child — that’s my right. And I have to say — because nobody understands that parents have no rights — that [in law] they’ve got no entitlement to spend time with their child. They’ve got every obligation to support the child, but a court will never approach any sort of arrangements in relation to a child’s residence with the idea that a parent has a right to their child,” Breeze explains.
In her mind, the court has it a little backward in treating parenthood in this way, because the emotional regulation of parents and family law is something she thinks the court ignores.
“But it’s something that can’t be ignored. It’s not realistic and it’s not natural,” says Breeze. “Of course, parents believe that they’ve got a right to spend time with a child.”
But while she thinks the courts should recognise the way parents feel about their rights, there is nonetheless a lesson to be had in the way judges approach the question of custody: First and foremost, parenthood is a privilege, and an obligation. Viewing parenthood in this way, thinks Breeze, will not only make you a better parent, but if you’re faced with familial conflict, it will better help you understand how to deal with the situation — and the courts.
- Happiness Comes From Contentment and Contentment Comes From Hard Work
The last lesson Heather Breeze has taken from her work in the family courts is one that doesn’t come from the actual work she does. Instead, it comes from the process of doing the work, and her long years of experience and commitment.
Working as a family law barrister isn’t an easy gig. It’s long hours. It’s emotional. It’s opening yourself up to difficult situations. And it’s making sure you’re there for your clients — whenever and wherever they need you. In other words, it’s damn hard work. But that’s one of the things Breeze loves about her job. Working in family law has taught her about the value and importance of working hard.
“What I say to my kids and what I was taught, is that happiness comes from contentment. And contentment comes from hard work,” says Heather Breeze. “I say it all the time. We all want to be happy, but it’s understanding what [happiness] is.”
Heather Breeze adds that among her friends and colleagues, she’s widely regarded as being terribly clever and terribly successful and terribly vivacious.
“But I’m not. I’m just a regular person who works very, very hard. And I like work. There’s no magic to it,” she says. “My greatest success is the five extraordinary children that I have, who are all just absolutely phenomenal. They work hard [and are] decent people. And that’s really all you need to do [to be happy]. Work hard and be a decent person.”
Find a Compassionate and Knowledgeable DUI Lawyer in Salt Lake City
When it comes to facing a DUI charge, having the right kind of legal support can make all the difference.
Whether you have been accused of driving under the influence or are looking to mitigate existing charges against you, finding a qualified and experienced DUI lawyer in Salt Lake City is paramount.
With so many lawyers claiming expertise in these types of cases, it can be difficult to make sure that yours will provide compassionate counsel with knowledgeable results.
In this blog post, we’re going to discuss what sets apart a great law office from an average one when it comes to securing successful outcomes for DUI offenders.
We’ll go over questions you should ask potential attorneys as well as how to know if they really understand Utah’s unique laws regarding DUIs and their associated consequences.
What to Look for When Selecting a DUI Lawyer in Salt Lake City
If you’ve been charged with a DUI in Salt Lake City, you’ll want to make sure you have the best possible representation in court. But with so many lawyers out there, how do you know which one to choose?
The first thing to look for is experience. You want a lawyer who has handled plenty of DUI cases and knows the ins and outs of the legal system.
You should also consider their track record—in what percentage of their cases have they won or had reduced charges?
Finally, don’t forget about the personal connection. You want a lawyer who you feel comfortable with and can trust to fight for your rights.
By keeping these factors in mind, you can find the right DUI lawyer to help you navigate this difficult situation.
How to Research Your Options for DUI Lawyers in the Area
If you find yourself facing a charge of driving under the influence (DUI), it’s crucial to hire a competent lawyer to defend your case. However, not all attorneys are created equal.
With so many options available, how do you know which DUI lawyers in your area are best suited for your case? One of the most effective ways is to do your research. Start by looking online and reading reviews from past clients.
You can also check with your local bar association to see if the lawyers you’re considering have a good reputation. The key is to be thorough and to choose a DUI lawyer who is experienced and knowledgeable in handling cases like yours..
Benefits of Working with a Compassionate and Knowledgeable DUI Lawyer
Getting a DUI charge can be a terrifying experience, and the legal system can be complex and difficult to navigate. That’s where having a compassionate and knowledgeable DUI lawyer can provide invaluable assistance.
A skilled attorney can not only help guide you through the legal process but also provide much-needed support during what can be an emotionally trying time. They can help you understand your rights, negotiate on your behalf with prosecutors, and work to minimize any potential penalties.
Moreover, their expertise and understanding of the law can ensure that your case is handled skillfully and efficiently, giving you peace of mind and the best possible outcome.
Having a compassionate and knowledgeable DUI lawyer by your side can make all the difference in a trying legal situation.
Understanding the Cost of Legal Representation from a Utah DUI Lawyer
The cost of legal representation from a Utah DUI lawyer can be a source of concern for anyone facing a DUI charge. It’s important to understand the factors that go into determining the cost, so you can make an informed decision about your legal representation.
A lawyer’s experience, expertise, and track record of success are all important factors to consider when choosing representation. Additionally, the complexity of your case and the amount of time and resources required to build a strong defense will impact the overall cost.
While the cost of representation may seem daunting, keep in mind that hiring a skilled and experienced DUI lawyer can ultimately save you significant time, money, and stress in the long run.
Preparing for Your First Meeting with Your Salt Lake City DUI Lawyer
If you’ve been charged with driving under the influence in Salt Lake City, hiring a DUI lawyer is a crucial step in protecting your rights and minimizing the potential consequences.
However, meeting with a lawyer for the first time can be intimidating. Don’t let nerves get the best of you; preparation is key.
Before your initial meeting, gather any documentation related to your case, including police reports and breathalyzer results.
Be honest with your lawyer about the details of your arrest and any prior criminal history. Remember that your lawyer’s job is to advocate for you, so it’s important to establish a strong and honest relationship from the start.
With a little bit of preparation and a willingness to work with your lawyer, you can feel more confident and secure as you navigate the legal process.
Choosing the right DUI lawyer in Salt Lake City is an important decision that can make all the difference in your case. With careful planning and the assistance of a qualified professional, you can overcome this difficult circumstance successfully.
How Can You Report Workplace Harassment Incidents in Las Vegas?
Workplace harassment is a general term that may include several actions such as:
- Verbal abuse
- Work shaming
- Physical/sexual assault
- Covert microaggressions.
It is imperative to respond when you have personally encountered workplace harassment or witnessed it happening.
Recognize that if you have experienced harassment, it is probable that others have faced similarly unacceptable behavior before and may continue to do so unless addressed promptly.
Therefore, it is essential to contact Ace Legal Group, an employment law firm in Las Vegas, immediately to address and resolve workplace harassment issues.
Small business owners who experience workplace harassment confront much more significant difficulties.
What if the owner of the company is harassing you?
What if the department handling your claim is not human resources?
It is difficult to pursue justice in this circumstance. In Las Vegas, reporting workplace harassment is essential to ensure a safe and respectful work environment.
Employees can begin by following their company’s established procedures for reporting incidents.
How can the work culture be fixed?
There are many toxic environments, even though no one should have to deal with harassment at work. This is why a project called as Workplace Harassment Ends Now, or WHEN, was established. You have the power to lead change in the workplace.
Do you wish to foster a more civil workplace? You must first sign a Pledge of Commitment to show you are dedicated to establishing respectful, harassment-free workplaces for future generations.
Tell your employer about Project WHEN if you know that things at work must change. There are several methods for businesses to become engaged, from facilitated meetings to start the conversation about what is not working to the WHEN Organizational Certification, which leads employers through a comprehensive process to build respectful workplaces for everyone.
Your company can also use the Employee Culture Pulse Survey to evaluate the office environment and the success of your harassment-reduction initiatives. To help your business address areas for improvement, Project WHEN will assess the findings and give data that can be used.
You might be interested in the WHEN Professional Certification if you are passionate about bringing about change at work. The information, credibility, and resources needed to impact change within their firm will be provided to students who complete the online certification courses.
Seeking legal counsel is another avenue for those facing harassment. Remember, taking action against workplace harassment is crucial for your well-being and the integrity of the workplace.
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