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Emotional Disabilities: 504 and IDEA Eligibility Determination

By Mariann Crincoli, Esq.   Do you have a child with emotional issues who struggles or refuses to go to school, or who is unable to complete homework despite having the cognitive ability to do so? If the answer is yes, your child may have an emotional disability that may entitle her to either accommodations under Section 504 of the Rehabilitation Act of 1973 or an Individualized Educational Plan(IEP) under the Individuals with Disabilities in Education Act. 504 Plans To be eligible for a 504 Plan, a person must have a physical or mental impairment (ie. anxiety, depression, etc.) that substantially impacts one or...

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Thank you, Covid19—now my child has anxiety! What’s next?

By Mariann Crincoli, Esq.   Pandemics can be stressful and COVID19 has proved no different. Fear and anxiety about the disease, feelings of isolation and loneliness, social distancing, drastic changes in lifestyle, socialization, and learning platforms can be overwhelming and can generate strong emotions, especially in children. While anxiety may not always look the same or feel the same for every child, the stress associated with anxiety during a pandemic can include: • exacerbated fears or worries about one’s own health and the health of loved ones • changes in sleeping or eating habits • less opportunity for activity and exercise • difficulty concentrating • increased negative...

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Make 2021 the Year you Act to Protect your Family’s Future

By Mariann Crincoli, Esq. January is the start of a new year, bringing new hopes and possibilities. It’s also National Financial Wellness Month, a great time to make sure you have a comprehensive estate plan in place to protect your family and your special needs child into the future. Why is having an estate plan important, no matter the size of your estate? Through estate planning, you ensure that your assets will go to your intended beneficiaries. You also may save money on taxes, court costs, and attorney’s fees, and prevent disputes and financial confusion among heirs. In addition, you can protect...

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Happy Birthday, IDEA!

December 2nd is National Special Education Day, commemorating the anniversary of the nation’s first federal special education law. The Education for All Handicapped Children’s Act was signed into law on December 2, 1975. In 1990 this law was renamed The Individuals with Disabilities Education Act (IDEA). The IDEA is a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the nation. It ensures special education and related services to those children in the least restrictive environment (LRE). At Sussan, Greenwald & Wesler, our own history is intertwined with the birth of this landmark legislation. It...

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