Posted on December 01, 2021 in Special Education Law

If you have a child with special needs, you likely worry about them receiving an appropriate education. State and federal laws help ensure that they receive instruction tailored to their specific needs.

Once your child qualifies for special education, the first step is the Admission, Review and Dismissal (ARD) process, where a committee designs a plan for how the school district will meet your child's educational requirements.

What does the committee do?

ARD committee meetings must occur at least once a year but can happen more frequently if warranted. The purpose is to design or evaluate an individualized education program (IEP), which defines the instruction your child will receive, how the school must provide those services and how to measure progress. As a parent, you are a vital part of this proceeding.

You and the committee must agree on where and when to meet. Under the law, the school must provide written notice of the meeting's purpose, the time and place, who will be there and acknowledge that you can invite others with special expertise or connections to your child for support and input.

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 Posted on December 01, 2021 in Special Education Law

Each Dec. 2, we celebrate National Special Education Day, commemorating the anniversary of the nation's first law protecting the rights of children with special needs. President Gerald Ford signed the law in 1975.

The Individuals with Disabilities Education Act (IDEA) guarantees every child an appropriate public education. The law requires school districts to provide services and instruction for children with disabilities and other eligible conditions.

Four benefits of an inclusive education

If your child is eligible for special education, you may worry that they are kept apart from other kids their age. But most spend the majority of their time in general education classrooms in Texas. This inclusive learning environment has many benefits, including:

• Tailored learning: General education and special education teachers work together to design instruction and strategies for all students. This can include breaking classrooms into smaller groups, adding visual aids and interactive whiteboards, giving all kids hands-on experience.

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 Posted on December 01, 2021 in Special Education Law

As a parent, you only want what's best for your kids. But it can be overwhelming when your child has special needs. In addition to the daily challenges at home, you must ensure that they receive the best education possible.

Federal law gives children with disabilities the right to receive a free and appropriate public education in Texas – one that's individually designed to meet their disability. However, schools often don’t interpret the law correctly or, in many cases, fail to observe those rights.

What is special education?

In 2004, Congress passed the Individuals with Disabilities Act (IDEA), which broadly defines special education as “specially designed instruction” meeting the unique needs of children with disabilities. The law directs schools to create individualized plans for children with specific disabilities. To be eligible, your child must:

1. Have one of the 13 IDEA-listed disabilities
2. Need specially designed education to make progress in their education

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 Posted on November 01, 2021 in Adoption

A Texas couple, who are not Native American, attempted to adopt a part-Cherokee and part-Navajo boy but were stopped by the Navajo Nation. After a years-long legal battle, the Navajo tribe withdrew its objection, and the couple was able to adopt the boy.

Native American tribes have the right to object to non-Native parents fostering and adopting Native American children. This is because of the Indian Child Welfare Act (ICWA) that became federal law in 1978.

What is the Indian Child Welfare Act?

The ICWA laws were passed over 40 years ago as a reaction to decades of separations involving Native families during the 19th and 20th centuries. For decades, children were often forcibly removed from their homes and sent to boarding schools run by white missionaries.

Those federal laws have been challenged in courts around the country. Now, the U.S. Supreme Court may weigh in on the constitutionality of the 1978 Act in Haaland v. Brackeen. Parties for and against the law, including the state of Texas, petitioned the nation's highest court to hear the case.

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 Posted on November 01, 2021 in Adoption

Texas does not require you to hire a private attorney when adopting a child. However, consulting with a lawyer who regularly deals with adoptions can help make the complicated process smoother.

Experienced adoption lawyers understand the challenges and can guide you through the application process, court proceedings and protect your rights and interests every step of the way.

Requirements for adoptive parents

In the Lone Star State, you can pursue a private adoption or choose to adopt through the Texas foster care system. While the journey is different for each route, the requirements for adoptive parents are the same. You must:

• Be 21 or older, financially stable and a responsible, mature adult
• Provide background and lifestyle information
• Have references from family and non-family members
• Agree to a home study, which includes visits with every member of your household

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 Posted on November 01, 2021 in Adoption

November is National Adoption Month, which raises awareness of the urgent need for adoptive families for children in the foster care system. If you are considering adoption, you have several options to choose from in the Lone Star State.

During the 2020-2021 fiscal year, which ended Oct. 31, nearly 4,600 adoptions occurred while about 3,000 other children await their “forever homes,” according to the Texas Department of Family and Protective Services.

Options for adoptive parents

As long as you are a responsible adult (age 21 or older) and meet some basic requirements, you are eligible to adopt a child in Texas. Here are some ways to become an adoptive parent:

• Private: Also known as an “independent adoption,” this method establishes direct placement between the adoptive parent or parents and the birth mother.
• International: “Intercountry” adoptions are largely complex immigration cases. While they may take longer and cost more, they remain a popular and rewarding option for starting or growing your family.

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 Posted on October 01, 2021 in Divorce

“Just be glad you don’t have children.” Statements like that often come from well-meaning friends or family members trying to console others who choose to end their marriage.

While divorces not involving co-parenting issues may be less complicated for some Texas spouses, the experience is just as painful and one that requires diligence in protecting your future.

Divorcing later? Plan now!

The first days of fall have arrived, and the holidays are right around the corner, so you may have already decided to wait until next year to file for divorce. That may seem like a lot of time but use it wisely. Here are some things to consider:

1. Gather financial information for you and your spouse. If you’re not sure what to look for or where to find it, talk to an experienced family law attorney.
2. Stay organized by constructing a “divorce folder” digitally or on paper. You may also want to create a new email address for communicating with your lawyer.

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 Posted on October 01, 2021 in Divorce

No matter how your divorce unfolded, there is no question that divorce can be one of the most challenging experiences a person can go through. Divorce can be a stressful and emotionally draining experience for multiple reasons. For one thing, divorce represents the breakup of a very powerful relationship, the type of relationship which many people expect to last a lifetime. In addition, the divorce process itself is complex and can require an enormous amount of time, energy and money. Given the heavy demands which divorce can impose, people should take the time to develop strategies to cope with the toll of divorce. People in any stage of the process can benefit from these tips – those at the beginning, middle, or finish line.

#1: Reach Out to Friends for Support

As your divorce comes to a close, it can be tempting to isolate yourself from others. Some people withdraw because this seems like a good temporary way to cope with the situation. The truth, though, is that you should try to reach out to your friends for emotional support during this time. Divorce represents the end of a relationship, and this is all the reason to reach out to friends and embrace the existing relationships you have. Your friends can be a tremendous source of comfort and support during this challenging time.

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 Posted on October 01, 2021 in Co-Parenting

The holiday season is filled with a lot of joy and fun activities for Texas families. But some divorced parents look to them with dread when navigating parenting time with their former partner.

Parenting plans typically include major holidays like Christmas and Thanksgiving, but others like Halloween are frequently left out. The keys to keeping the day “scary but fun” for your children are planning and cooperation.

Halloween options for co-parents

Since Halloween falls on one night per year and is a community-based holiday focused on trick-or-treating, it can be more challenging for parents to divvy up. Still, many options exist, such as:

• Alternating years taking kids trick-or-treating
• Splitting the day's festivities, with you going to school functions and the other taking the child trick-or-treating, or vice versa
• Scheduling who will attend public or private events happening on different days
• Putting differences aside – attending events and taking your children trick-or-treating together

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 Posted on October 01, 2021 in Child Custody

Divorce can be a very “me-centric” experience for Texas parents, and that's understandable. We’re all human, and when your once-loving marriage ends, it's understandable how bitterness and anger can threaten to consume you.

But when you have children, it's crucial not to let those feelings overwhelm you and your former spouse's responsibility to lessen the pain for your kids. Many have also found that conquering those negative feelings by focusing on their children's well-being can provide relief.

Don’t give in to these co-parenting “don’ts”

Our last article focused on two approaches to co-parenting with your ex and added some tips for healthy problem-solving outcomes. Here are some common actions every co-parent should try to avoid:

• Don’t trash talk: Making rude or angry comments about the other parent in front of a child can be seen as a way to sabotage their relationship. In many cases, this backfires, and the child may come to resent one or both parents.

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