Phyllis K Saxe

May 20, 2005 | New York Law Journal

Practitioner Phyllis K. Saxe and Lauren A. Foodim, a principal law clerk at the Appellate Division, First Department, write that two recent rulings have caused considerable alarm among those parents of special education students who have, up to now, been receiving public reimbursement for private school tuition.

By Phyllis K. Saxe and Lauren A. Foodim

11 minute read

May 11, 2007 | New York Law Journal

Attorney Phyllis K. Saxe asks: What can parents do if their local school district fails to offer their child an educational plan appropriate to meet the child's unique requirements?

By Phyllis K. Saxe

9 minute read

February 16, 2006 | New York Law Journal

Phyllis K. Saxe, an attorney in New York City, argues against the recent U.S. Supreme Court decision in Schaffer v. Weast, writing that although the Individuals with Disabilities Education Act safeguards the procedural rights of parents who challenge an Individualized Education Plan, it is a difficult process. School districts are better armed with all the reports, witnesses and expertise necessary. Therefore, focusing the burden of persuasion on parents at the challenge hearing is unfair.

By Phyllis K. Saxe

9 minute read

February 19, 2009 | New York Law Journal

Phyllis K. Saxe, an attorney focusing on the law as it affects people with disabilities, with an emphasis on special education, writes that it takes a skilled advocate to marshal the evidence demonstrating the interrelationship between serious emotional disturbance and its affect on school performance. In these times of austerity, she warns, the battle with school district officials will even be fiercer.

By Phyllis K. Saxe

13 minute read

February 15, 2007 | New York Law Journal

Phyllis K. Saxe, an attorney, focuses on the Second Circuit's recent analysis of a school district's contention that 20 USC �1412(a)(10)(C)(ii) provided it with an "absolute defense" to parents' claim for reimbursement, even if the private placement was appropriate.

By Phyllis K. Saxe

9 minute read

August 10, 2006 | New York Law Journal

Phyllis K. Saxe, an attorney, writes that a recent case from the U.S. Court of Appeals for the Second Circuit discussed the obligations of a school district to comply with the procedural requirements of the Individuals with Disabilities in Education Act. She concludes that the decision is troubling in two respects.

By Phyllis K. Saxe

10 minute read

August 15, 2008 | New York Law Journal

Phyllis K. Saxe, a New York City practitioner, reviews a recent First Circuit case in which the parents of a special education student advanced, unsuccessfully, a number of procedural and substantive contentions that provide a snapshot into the world of special education litigation.

By Phyllis K. Saxe

12 minute read