Yatvin defeats certiorari in U.S. Supreme Court, preserves special education victory

SilhouetteEmily, a 1st grade student in a Pennsylvania school district, was identified in 2008 as a student with a disability needing special education.   Dissatisfied with the school’s plan to address Emily’s needs, her parents enrolled her in The Benchmark School, a private school with a program to address her needs, particularly in reading.

Emily’s parents then hired Popper & Yatvin partner Alan Yatvin to represent them. Yatvin filed an administrative complaint with the Pennsylvania Office of Dispute Resolution, requesting reimbursement for Emily’s tuition, along with transportation to Benchmark.  Following a three day hearing, the Pennsylvania Special Education Hearing Officer ruled on April 21, 2009, that the school district had failed to offer Emily an appropriate educational program, and ordered the school district to pay Emily’s tuition and provide her transportation. Continue reading “Yatvin defeats certiorari in U.S. Supreme Court, preserves special education victory”

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Yatvin gives Diabetes Safe at School Presentation

AYatvin_JDRF_CHOP_28Mar15On March 28, 2015, Alan Yatvin presented at the Annual Conference of the Children’s Hospital of Philadelphia and the Juvenile Diabetes Research Foundation, Living Well with Diabetes: Now and in the Future.

Alan’s session was entitled: Keeping Kids with Diabetes Safe at School.  Attendees included parents, children with diabetes, healthcare providers, advocates and even a diabetes service dog in training. Continue reading “Yatvin gives Diabetes Safe at School Presentation”

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Yatvin named to Board of Directors of the American Diabetes Association

Popper & Yatvin partner Alan L. Yatvin has been elected to a three year term as one of the 18 members of the National Board of Directors of the American Diabetes Association (ADA).

ada-logoBased in Alexandria, Virginia, the American Diabetes Association (ADA) is leading the fight to Stop Diabetes and its deadly consequences and fighting for those affected by diabetes. The ADA funds research to prevent, cure and manage diabetes; delivers services to hundreds of communities; provides objective and credible information; and gives voice to those denied their rights because of diabetes. Founded in 1940, the ADA’s mission is to prevent and cure diabetes and to improve the lives of all people affected by diabetes. Continue reading “Yatvin named to Board of Directors of the American Diabetes Association”

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Care of Young Children With Diabetes in the Child Care Setting: A Position Statement of the American Diabetes Association

DiabetesCareCover_Oct2014Popper & Yatvin partner Alan L. Yatvin was a member of the writing group for Care of Young Children With Diabetes in the Child Care Setting: A Position Statement of the American Diabetes Association, published September 23, 2014, in the journal Diabetes Care, October 2014 vol. 37 no. 10 2834-2842.1Diabetes Care is a journal intended to increase knowledge, stimulate research, and promote better management of people with diabetes. 2A position statement is an official American Diabetes Association (ADA) point of view or belief that contains clinical or research recommendations. Position statements are issued on scientific or medical issues related to diabetes. They are published in ADA journals and other scientific/medical publications. ADA position statements are typically based on a systematic review or other review of published literature. Position statements undergo a formal review process. They are updated annually or as needed. Key ADA position statements: These are select position statements that represent official ADA opinion on topics not adequately covered in the Standards of Care but that are necessary to provide additional information on quality diabetes management. These position statements also undergo a formal review process. 3The American Diabetes Association is a nationwide nonprofit voluntary health organization founded in 1940, and has over 485,000 general members, 15,000 health professional members, and 1,000,000 volunteers. The mission of the ADA is to prevent and cure diabetes and to improve the lives of all people affected by diabetes. As of 2011, there were 25.8 million Americans with diabetes. The ADA is the largest, most prominent nongovernmental organization that deals with the treatment and impact of diabetes. The ADA establishes and maintains the most authoritative and widely followed clinical practice recommendations, guidelines, and standards for the treatment of diabetes.

The statement  addresses legal protections for young children with diabetes and how they can be safely cared for by childcare providers with appropriate training, access to resources and a system of communication with parents and the child’s diabetes health care provider. Continue reading “Care of Young Children With Diabetes in the Child Care Setting: A Position Statement of the American Diabetes Association”

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Footnotes   [ + ]

California Supreme Court issues landmark decision on diabetes care in school

On August 12, 2013, the California Supreme Court decided the case of Amercan Nurses Association v. Torlakson, a case litigated by the American Diabetes Association (ADA) involving diabetes care in California public schools. (link to decision)

The case came before the California Supreme Court after nearly eight years of litigation, which began with a class action lawsuit brought by the ADA that was resolved by a settlement agreement allowing trained non-medical school personnel to administer insulin when a nurse is not available.  That provision of the settlement was challenged in the current lawsuit by several nursing organizations.  The California Supreme Court agreed with the ADA’s position that state law allows school personnel, who are not nurses, to volunteer and be trained to help children with the insulin they need to survive and thrive at school.

As Chair of Legal Advocacy for the ADA for the past three years, and a member of the Legal Advocacy Subcommittee since 2004, Alan Yatvin has been involved in the decision making and strategy of the litigation.  Following the issuance of the decision, Alan was interviewed by the Wall Street Journal:

Continue reading “California Supreme Court issues landmark decision on diabetes care in school”

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Students with disabilities in Pa. charter schools

On November 26th The Legal Intelligencer published Charter School Reform Must Protect Vulnerable Students, by David Lapp, a staff attorney at the Education Law Center (ELC).  This excellent piece discusses a problem which we have often seen in our practice – charter schools believing they can operate like private schools, without regard to the rights of special needs students.

Continue reading “Students with disabilities in Pa. charter schools”

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