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A New Resource in the Special Education Arena
The Special Education Battlefield: A Guide to the Due Process Hearing and other Tools of Effective Advocacy by Andrew Cuddy, Esq.
Reviewed by Janie Bowman
This is the first book penned by Andrew Cuddy, an attorney based in New York state. After a legal career focusing on criminal law, Cuddy swung over to spec ed after realizing just how poor the outcome for people with disabilities can be without Pre K – 12 intervention. (Think “juvenile justice system.”) Cuddy is in a position to offer a unique perspective and parents, advocates, and attorneys who represent children with special needs would do well to “Listen up!”
Cuddy knows school culture inside and out, and confronts it with knowledge and unique experience. For example, the author may be the first to significantly focus on the “Mad Buffalo Syndrome,” a term coined by the author to describe parents and advocates who use special education to seek attention—similar to Munchausen Syndrome, except with an education spin. And while you may feel he spends an inordinate amount of bandwidth on the topic, it’s not something to dismiss. When an advocate’s behavior descends to the extreme, using the child’s disability for attention, it is problematic to a child’s well being and education.
In The Special Education Battlefield, Cuddy shares personal stories, which enhance your understanding of the twists and turns of the special education and due process experience. This book will benefit parents, lay advocates, and attorneys as well, as the author explores diverse topics in a professional manner.
- Do you know the Lodestar Formula and the parameters surrounding recovery of attorney fees?
- Are you familiar with compensatory services?
- Do you know the importance of keeping accurate records?
- Can you dissect an IEP?
- Are you familiar with the variety of disabilities that can affect your child’s education?
- Should you be concerned about Child Protective Services?
He then swings fully into the nuts and bolts of the hearing itself, discussing mediation and resolution and settlement agreements along the way. Whether or not an attorney is onboard, you, the reader would do well to read this material more than once if due process is on the horizon (or even if it isn’t), as you’ll learn about the requirements and the powers of hearing officers, timelines, pre-hearing conferences, the hearing process, writing the closing brief, and appeals. Cuddy also devotes a section to describe the five types of attorneys. (Which one is more effective?)
When I review a book, I first look at the Table of Contents, then I focus on a book’s Index. I was mildly disappointed to find it missing. I encourage the author to include one in a future edition, as it’s helpful for people like me who have an insatiable, driving need to dive into a book’s content before reading the first chapter. Also, the price of $40 may deter advocates and parents with limited incomes. But these points are minor compared with the information, resources, and expertise Cuddy includes. And an appointment with an attorney would definitely cost more than the price of this book. If you can’t afford the cost, my suggestion would be to check with your local library, or pool your resources with others, and read this book to learn how the system works before you venture into the due process arena.
In closing, Cuddy is an experienced, knowledgeable attorney and strong advocate for children with special needs. The Special Education Battlefield fills a void in special education literature. This book is written in such a way that you actually feel his commitment to children with special needs. So before you step into the due process battleground, grab this book and spend a few hours digesting it. Better yet, grab a second copy for your attorney to read before he stands in front of a hearing officer on your child’s behalf.
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Andrew Cuddy is a special education attorney who represents Jeff and Sandee Winkelman in special education matters regarding the 2006/007 and 2007/2008 school years at the IHO and State Level reviews. http://www.andrewcuddybooks.com/.
The Special Education Battlefield is published by Ithaca Press. 2007. It can be ordered thru the author’s Web site or Amazon.com.
Janie Bowman can be reached at janie@brightword.com
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