Disability
Rights
at School
Welcome to my blog.
My name is Wendy Pizer. I’m a special education attorney serving families in Arlington, Northern Virginia, and throughout the Commonwealth of Virginia. I’m also an advocate for students with disabilities in my community, and a parent. Special education can be confusing and overwhelming. Schools have information that parents don’t have. So I created this free resource for parents to try to level the playing field a little.
Please know that this page provides information and resources, not legal advice, and utilizing this page does not create an attorney client relationship. The information may not be up to date or applicable to specific student situations. If you need assistance for a specific situation, please reach out to your school division’s parent resource center, your state’s parent training and information center, or a special education attorney or advocate in your area.
Recent Posts
Parents Fact Sheet on Seaman v. Virginia — Federal Court Issues Preliminary Injunction against Virginia in School Mask Mandate Case
The disAbility Law Center of Virginia (dLCV), whose lawyers represent the plaintiffs (children with disabilities who are at high-risk for severe outcomes from COVID-19) in Seaman v. Commonwealth of Virginia, released this fact sheet for parents. The fact sheet explains the court's ruling that...
New Federal Guidance on Schools’ Obligations to Ensure Students with High-Risk Medical Conditions Can Attend School Safely
In a recent letter to educators and parents, US Department of Education Secretary Cardona reiterates key legal rights afforded to students with disabilities to make sure they have equal access to in-person instruction and receive a free appropriate public education (FAPE) in the least restrictive...
Victory in Virginia for Immunocompromised Students Who Require Universal Masking to Attend School Safely
The legal landscape on masking requirements in Virginia just became much more clear. Yesterday, a federal district court judge granted a preliminary injunction sought by disabled students whose medical conditions or disabilities place them at higher risk of severe outcomes from COVID-19. The judge...
Special Education Services for Children in Private Schools
Children who are placed in private schools by their parents still have the right to some special education services from public school districts, under the Individuals with Disabilities Education Act (IDEA). While these rights are not new, they are not widely known. The US Department of...
Accommodations for High-Risk Students in Unmasked Schools
As schools drop universal mask mandates, parents are wondering about legal protections for students who are immunocompromised or at high risk of severe outcomes from Covid-19, as these students could be harmed by exposure to persons who choose not to wear masks in school. The Americans with...
Federal Courts Order Universal Masking so Disabled Students at High Risk From Covid-19 can Access School
The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 require schools to provide disabled students with equal access to a safe learning environment and to provide the accommodations disabled students need to access school. More and more courts are applying the...
Disabled Students Challenge Virginia Governor’s Executive Order Banning School Mask Mandates
Parents of disabled children in Virginia filed a federal lawsuit today to challenge Governor Youngkin's Executive Order Two. The Executive Order directs schools to allow parents to opt their children out of universal mask requirements for any reason or no reason at all. The plaintiffs are children...
Special Education Dispute Resolution in Virginia
If a parent cannot resolve a disagreement with the school division about their child's special education eligibility or program under the Individuals with Disabilities Education Act (IDEA), what options are available to them? In Virginia, families can seek resolution through mediation, a...
Do Masks Harm Children?
Many people strongly endorse universal masking in schools to protect students and staff from getting sick with Covid-19, and to keep schools open. Studies overwhelmingly support the efficacy of universal masking. And a growing body of Americans with Disabilities Act (ADA) case law has mostly...
Virginia Schools Now Required to Keep Stock Inhalers on Hand
Under a new state law, all public schools in Virginia are now required to keep stock albuterol inhalers and spacers on hand. These inhalers can be administered by a school nurse or a trained employee to any student who needs this medication. The Virginia Department of Health has posted resources...
Pizer Law Files Amicus Brief in Supreme Court of Virginia on Behalf of Parents of a Child with Cancer
On Monday, January 24, 2022, Pizer Law filed an amicus ("friend of the court") brief in support of the parents who sued Governor Youngkin in Castillo v. Youngkin. This case challenges Governor Youngkin's Executive Order that requires schools to allow any student to opt out of universal masking...
School Mask Mandates and Students with Disabilities
Universal masking in school is a hot button political issue these days. It is also a legal issue. For students with disabilities who are at higher risk of a severe case of Covid-19, universal masking is a fundamental need so they can access their education, a right that is protected by federal...