By Marion Walsh, Esq., and Arshi Pal, Graduate Law Clerk, Littman Krooks LLP On March 22, 2017, the United States Supreme Court, in a seminal and unanimous ruling, in Endrew F. v. Douglas County School District, [https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf] ruled that students with disabilities must receive an educational plan that will allow them to make more than…

By Marion M. Walsh, Esq. March represents Developmental Disabilities Awareness month. According to the Center for Disease Control, the prevalence of developmental disabilities, in the past twelve years, has increased.  The term Developmental Disabilities encompasses a diverse group of severe chronic conditions that are due to mental and/or physical impairments. People with developmental disabilities have…

By Erica Fitzgerald, Esq., Littman Krooks LLP Article 17-A of the Surrogate’s Court Procedure Act provides a mechanism by which, generally speaking, a parent or interested person over the age of 18 (“Petitioner”) may seek and obtain guardianship over an individual diagnosed with an intellectual or developmental disability (“Ward”).   In order to obtain 17-A guardianship…

With tax preparation season upon us, seniors should arm themselves with knowledge and be vigilant against con artists. That can be difficult when scammers are constantly changing their tactics. According to the National Council on Aging, these are the top three scams that seniors should be aware of in 2017: Mass Mailing Fraud. The U.S.…

Social media profiles are not the top concern for people planning their estate, but, online accounts contain an enormous amount of personal data. What happens to these accounts? Accounting for digital assets, such as social media accounts and hard-drive backups is worth considering. Here is what a few online services provide in terms of planning:…

by Marion Walsh, Esq. and Enjole Johnson, Graduate Law Clerk This week, the current United States Department of Justice and the Department of Education, in the administration’s first Dear Colleague Letter, dated February 22, 2017 (“Trump Guidance”) rescinded  a May 13, 2016 Dear Colleague Letter promulgated by the Obama administration  (“2016 Guidance”) regarding transgender students’…

by Marion Walsh Esq., & Arshi Pal, Graduate Law Clerk To read our earlier entry, “Supreme Court Case on Service Dog Access to Schools has Broad Implications for All Students with Disabilities” click here. On February 22, 2017, the United States Supreme Court, in Fry v. Napoleon Community Schools, rendered an important victory for parents…

By Sandi Rosenbaum, Special Education Advocate In December 2016, the U.S. Department of Education has issued an updated Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools.  The guide brings together information published in a variety of guidance memos over recent years into a comprehensive reference document.  It is available…

By Stacy M. Sadove, Esq. The Social Security Administration (“SSA”) put forth a listing of disabling conditions that are considered severe enough to qualify an individual for a medical determination of disability for purposes of social security disability benefits (either Social Security Income “SSI” or Social Security Disability Income “SSDI”).  These conditions interfere with an…

by Marion M. Walsh, Esq. On Tuesday, February 7, 2017,  the United States Senate, by a vote of 51-50, appointed Betsy DeVos as the United States Secretary of Education.  She will serve as a member of President Trump’s cabinet  and will lead the United States Department of Education,  which sets policy, produces guidance memos and…