Law Offices of Sears & Sears, P.C.

01/25/2023

We have updated our website to better serve you, here is the link to visit the new website:

https://searsandsearslaw.com

Our website contains links to publications by James Sears J.D. and Shane Sears J.D, as well as instructional power-points and videos, important case law PDF's, U.S. Department of Education reports, State of Alabama Education reports, and more..

Request a free consultation from one of Alabama’s highest rated law firms and we will evaluate your case.

08/18/2020

Our attorney's article which originally appeared in the Alabama Lawyer has been republished and cited by Wrightslaw.com. https://www.wrightslaw.com/law/art/endrew.impact.htm

It’s a great day! On March 22, 2017, the U. S. Supreme Court issued aunanimous ruling on behalf of children with special needs and their parents. The Court emphasized that full inclusion is the primary standard, with the child progressing smoothly through the regular curriculum. If the child is not...

04/30/2020

The National Child Traumatic Stress Network's Guide For Families with A Child with An Intellectual and/or Developmental Disability During the Covid-19 Pandemic

03/24/2020

The United States Department of Education, Office of Civil Rights published a supplemental fact sheet to address further concerns that school districts are not providing distance instruction to students with special needs. In summary, special education and related services may be provided virtually, online, or telephonically. A free, appropriate public education (FAPE) must still be provided to the student even during this declared national emergency. The link to this guidance follows.

03/21/2020

Income tax returns filings are extended until July 15, 2020 including any payments that may be owed.

IR-2020-58, March 20, 2020 — The Treasury Department and Internal Revenue Service announced today that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020.

03/16/2020

Recent ruling from the U.S. Department of Education concerning children with special needs and CoVid-19. During a disease outbreak, once school resumes, the district is obligated to "make every effort" to fully implement a student's IEP or 504 plan. In addition, the IEP or 504 team, as appropriate to the specific student, would be required to decide on an individualized basis whether the student needs compensatory services due to the impact of the closure. 120 LRP 9718 (March 12, 2020).

10/25/2019

We are excited to reach 100 five star reviews on AVVO!

10/13/2019

Selecting the Highest, Most Appropriate Alabama High School
Diploma Pathway
Please review the link to learn more.

10/13/2019

www.nrd.gov

Connecting Wounded, Ill & Injured Service Members, Veterans, Their Families, and Caregivers with Those Who Support Them

10/12/2019

What is response to intervention (RTI), and how does it work? This guide from the National Center for Learning Disabilities explains what you need to know.

10/12/2019

School officials may not require parents to sign up for Medicaid benefits as a condition for their child receiving services under IDEA. Nor may they require parents whose children are enrolled in Medicaid to incur any out-of-pocket expenses, such as paying a deductible or co-payment.

Prior to accessing a child’s Medicaid benefits, the school system must make sure that using the child’s Medicaid benefits will not:

Decrease available lifetime coverage or any other insured benefit.

Result in the family paying for services that the child needs outside of school and that otherwise would be covered by the public benefits.

Increase premiums or lead to discontinuation of benefits.

Risk loss of eligibility for home and community-based waivers based on total health-related expenditures.

School officials must annually notify the parent of the school’s interest in utilizing Medicaid benefits as well as the above-listed constraints; seek from the parent (and other relevant sources) the information necessary for the school system to utilize Medicaid benefits; solicit any parental concerns; and give parents a meaningful opportunity to express any relevant concerns about the process.

Please remember the following:

School officials may not require parents to sign up for Medicaid benefits as a condition for their child receiving services under IDEA. Nor may they require parents whose children are enrolled in Medicaid to incur any out-of-pocket expenses, such as paying a deductible or co-payment.