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October 2018

3 Questions to Ask Yourself When Dealing with Special Needs Planning

It’s never too soon to plan for the future, especially when you have a child with special needs. There are several important aspects involved in special needs estate planning and speaking with a professional is always the best bet. What you don’t know can hurt you and your child in the long-run. However, it’s a good idea to go into the meeting for a estate planning attorney armed with some knowledge about the decisions you will have to make as you set up a an estate plan. There are plenty of government guidelines that can be confusing and overwhelming. You have...

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October is Learning Disabilities and Dyslexia Awareness Month

Like people, learning disabilities come in all shapes and sizes. During the month of October each year, the Learning Disabilities Association of America shines a much-needed spotlight on the variety of learning disabilities facing countless adults and children throughout the United States. Often, people hear the term “learning disability” and dyslexia and ADD/ADHD come to mind. Dyslexia Is one learning disability that affects how a person learns to read and impacts their ability to process language. ADD is a condition that causes a person too have trouble focusing, controlling their behavior and paying attention. ADHD adds an additional symptom: hyperactivity. Other Learning Disorders include: Auditory...

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Students with Behavioral Disabilities Have Rights, Too

If your child has a behavioral issue, you know it. You’ve likely known it for a very long time. When it’s time for school, others are going to learn about it, as well.. And, as anxious as this may make you as a parent, you have to face it head on. Step 1, know that, under special education guidelines, your child has rights. They cannot simply be sent away or punished in the traditional sense. According to the Individuals with Disabilities Education Act (IDEA), there are many conditions that cause negative behavioral issues that could become disruptive in a school setting. Under IDEA,...

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Out of District Placement Looming? Preserve Your Right to Reimbursement

Whether your child with special needs requires care your school district is unable to provide or circumstances have led to a sudden need for out of district placement (residential or day school), it’s critically important to speak with an experienced special education attorney who will protect your family’s rights. As Lenore Boyarin, Esq., Of Counsel to Sussan Greenwald & Wesler, maintains, it’s better to be safe than sorry when your child’s education, health and welfare are at stake. Further, failing to retain the appropriate advisors during out-of-district placement negotiations can cost you big financially, too. Question: What can I do to preserve...

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8 Tips for Getting the Most Out of an IEP/504 Meeting

When you have a child with special needs, you know two things unequivocally: there is nothing you wouldn’t do for your child and IEP/504 Meetings can be exhausting, frustrating and stressful. However, you have the power to get what you need for your child when you meet with the Child Study Team by following these specific tips offered by Lenore Boyarin, Esq., Of Counsel to Sussan Greenwald & Wesler, special education attorneys. Don’t come to the meeting with too many questions so you fail to focus on your goals. Be mindful of time and make sure you cover the questions you...

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Disagree with a HIB Determination? Don’t Wait to Appeal!

The New Jersey Board of Education made some changes to the HIB law (Harassment, Intimidation and Bullying – see below for HIB Act details) on July 1, closing some loop holes and clarifying some unanswered questions. However, one of the most important and timely changes to the law involves a parent’s ability to appeal a HIB determination. You now have 60 days from the date that you receive notice of the determination before your window of opportunity to appeal to the board of education slams shut. “Before July 1, 2018, there was no set deadline for appeals. If you received a HIB...

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Special Needs Estate Planning: Which Documents Do I Need?

(This is the third article in our multi-part estate planning series.)   If you have a child with special needs, there are countless issues you must consider as you plan for their future care and well-being. You are their primary guardian today – but what happens if you are suddenly incapacitated or otherwise unable to continue in your caregiving role? Of course, you want your child to be cared for according to your wishes. Now, we understand this is very personal information. You may feel you want to “keep it in the family” and not involve an outsider in your personal business. However, you...

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Prior Proper Estate Planning Eases Stress of the Unknown

(This article is part two of a multi-part series: Estate Plan Development for Parents of Children with Special Needs)   The basic premise of this article holds true regardless of whether you have a child with special needs or the simplest of circumstances. Planning is the key to estate planning – it’s even in the name! There are so many parts of the puzzle when it comes to making sure that your wishes are carried out in the event of a life-altering crisis. It’s especially critical when the plans you make today will considerably impact the future of your child with special needs. As...

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Organization: 1st Step to Estate Planning for Families with Special Needs

It’s never too late to plan for the future when you have a child with disabilities. While it’s easy to feel that the future is far away and there will always be enough time to plan, we all know that life offers no guarantees. In fact, when it comes to making sure your child with special needs is guaranteed care, if and when you are unable to provide care, a good strategy is to prepare an estate plan — now. Planning an Estate Plan early offers important benefits. Since prior property planning saves on costly mistakes, you can save money. Also, your...

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Is Guardianship the Right Choice for Your Family?

Every parent wants the very best for their child — whether they are one or 51. Most parents must loosen the reins a bit and allow their kids to take on more responsibility when they come of age; however, for parents of children with special needs, there are several things you can do that will allow you to legally manage the medical and financial needs of your child even after he or she turns 18. You may know your child still needs your assistance, but according to the law, once a person turns 18 they have the legal right to make...

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