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How to Seek Federal Protections for School-Aged Children with Special Needs

Produced on August 03, 2020

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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Education

Course Description

Individuals with Disabilities in Education Improvement Act (“IDEIA”) affords specific protections and remedies to school-aged children with special needs impacting the child’s ability to access education. It looks to whether a child is progressing academically, socially, and emotionally. This lecture, presented by education attorney Bonnie Spiro Schinagle, explains the basic entry point for protection under the Act, called ‘classification’,  and the rights conferred and remedies available to classified students and their parents under the Act. The potential impact of  COVID-19 shutdowns on available remedies will also be discussed.  

Lawyers will learn practice tips for developing a factual record to support IDEIA claims.  Application of the statute’s fee-shifting provisions will be discussed. The rights conferred to school-aged children under Section 504 of the Rehabilitation Act of 1973 will be addressed briefly, including recovery standards.  


Learning Objectives:

  1. Examine the Individuals with Disabilities in Education Improvement Act (“IDEIA”), and the basic qualifications for protection under IDEIA
  2. Identify the remedies available under IDEIA and when IDEIA’s fee-shifting provisions apply to permit attorney fee reimbursement
  3. Explore the potential impact of the COVID-19 shutdowns on available remedies
  4. Explore best practices for developing a factual record under IDEIA
  5. Review Section 504 of the Rehabilitation Act of 1973, and the protections and remedies it offers for school-aged children

Credit Information

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Faculty

Bonnie Spiro Schinagle

Schinagle Law

Bonnie Spiro Schinagle is a special education lawyer admitted to practice in New York and Connecticut. She holds Juris Doctorate and Master of Laws degrees from Benjamin N. Cardozo School of Law.

She clerked for Magistrate Judge Linea Johnson, U. S. District Court for the Southern District of Florida and for Judge Barry J. Stone,Fourth District Court of Appeal for the State of Florida. Her scholarly articles about various facets of the IDEIA have been published in the C.U.N.Y Law Review and Children’s Legal Rights Journal. See, The Strained Dynamic of the LRE Concept in the IDEA 35 Children’s Legal Rights Journal 229 (2015) Dr. Marilyn Bartlett, co-author; Considering the Individualized Education Program: A Call for Applying Contract Theory To An Essential Legal Document, 17 C.U.N.Y. Law Review 195 (2013).

Bonnie has delivered case law updates at Wrightslaw conferences in the New York area and has presented lectures on special education law to parent and professional groups, including the National Association for Therapeutic Schools and Programs. Bonnie currently represents families seeking to assert their rights under the Individuals with Disabilities in Education Act and Section 504 of the Rehabilitation Act of 1973. She is admitted to practice in New York and Connecticut. She serves on the Government Relations Committee of the Council for Parent Advocates and Attorneys (COPAA) and the board of Child Abuse Prevention Services of Long Island.