Law Office of Brian K. Gruber, PC

04/24/2025

Understanding Gender Dysphoria

Gender dysphoria, as defined in the DSM-5-TR, is significant distress from a variance between assigned s*x and gender identity. It may involve anxiety, depression, and school-related challenges. Not all gender-diverse youth experience dysphoria, but those who do may require support.

Emotional Disability Under IDEA

IDEA defines emotional disability (ED) with specific criteria found in 34 CFR §300.8(c)(4). A student may qualify if they experience one or more of the following, over time and to a marked degree, impacting educational performance:

Difficulty learning not explained by other factors;

Trouble forming relationships;

Inappropriate behaviors or feelings;

Persistent unhappiness or depression;

Physical symptoms or fears related to school.

Court Decisions

Many states have jumped in with their takes on whether gender dysphoria meets the criteria for having an emotional disability. In New Jersey, the case of Enriquez v. W. Jersey Health Sys., 342 N.J. Super. 501, 777 A.2d 365 (Super. Ct. App. Div. 2001) held that gender dysphoria was a recognized mental or phycological disability noting the significant distress and impairment in social, occupational, and other areas of functioning.

A case out of Arkansas ruled similarly, fearing the increase in depression, anxiety, self-harm and suicidality (Brandt v. Rutledge, 677 F. Supp. 3d 877 (E.D. Ark. 2023)). The court suggested that the only alleviation would come from living ones truth in identity, which would include social and possibly medical transition.

A case in Georgia stated that gender dysphoria qualifies as a disability under the Americans with Disabilities Act (ADA) as it substantially limits one or more major life activities due to the severe emotional distress invoked by the circumstances (Doe v. Ga. Dep't of Corr., 730 F. Supp. 3d 1327 (N.D. Ga. 2024)).


Different states have chimed in on the conversation, but the main conclusion stands that gender dysphoria may be correlated to an emotional disability.

When Gender Dysphoria May Qualify as an Emotional Disability

If gender dysphoria leads to:

Anxiety, depression, or school avoidance,

Suicidal thoughts or emotional distress,

Difficulty engaging socially or academically,

Children could meet IDEA's criteria for ED. Each case must be evaluated individually. A diagnosis alone isn’t enough; the impact on education is key. As observed above, the case law provided highlights areas where students have experienced the overlap of gender dysphoria alongside an emotional disability. At this intersection, these students may be eligible for an IEP to assist in any classroom difficulties in their learning environment.

04/03/2025

Related Services

What are Related Services?
Related services include transportation and developmental, corrective, and other supportive services that are required to assist a child with a disability. These services are required for the child to receive benefit from special education. This includes speech language pathology, audiology services, interpreting services, psychological services, physical and occupational therapy, recreational therapy, counseling services, and more. This extensive, yet not exhaustive, list essentially aims to touch on all additional services a student with a disability may need to benefit from specialized instruction. Disputes tend to arise in the areas of therapy- what does a school therapist look like, and how does that compare with a therapist who works outside of the school.

Speech and Language
In a community-based model, a speech and language pathologist (SLP) is involved in all areas of language development including oral motor structure, and aspects of literacy. In this model, the therapist may look at phonological processing, aspects of reading instruction and written expression. This form of intervention rests on the theory that reading and writing fall under the broader umbrella of communication. SLP’s in schools are generally limited to the impact of oral communication on a child’s education. In school, articulation, expressive language, receptive, and pragmatic (social language) are the focus of the therapist. The scope of intervention is broader in community setting, while in a school setting, aspects of literacy are regarded as the domain of special education instruction.

Occupational Therapy
In a medical model or clinical setting, an occupational therapist (OT) will address daily living skills and broader functional abilities. This includes, but is not limited to, sensory integration, fine motor skills, executive functioning, and self-care tasks. In a school setting, an OT focuses on fine motor and sensory skills required for school tasks, such as handwriting (which is becoming rarer), typing, and using school-related tools. The scope of a school-based OT is much narrower and relates directly to school-based performance.

Physical Therapy
The medical model of a physical therapist (PT) focuses on overall physical function, mobility, and long-term rehabilitation. In a school setting, the target is once again based on school functions, such as navigating the classroom, hallways, stairs, playground equipment, and using assistive devices such as a wheelchair. The main goal is to support the child’s ability to participate in school activities, and not rehabilitation.

How Can Parents Advocate for more Expansive Services?
Since school-based models are rather limited in their scope of services, it is common for parents to feel frustrated. A few strategies that you can use are:

1. Request an evaluation if one has not been completed in the past three years;
2. Review your child’s IEP with any community-based providers to see if there are unmet areas of need, and bring those to the attention of the IEP team;
3. If finances permit, seek out a private evaluation that can provide some data-driven guidance for an IEP team to consider; and,
4. Make sure to provide consent for the school to collaborate with your child’s outside providers.

Reducing Conflict Between Parents and Schools
A major source of conflict arises when parents expect medical-level services from school-based providers. School districts approach therapy with a focus on educational access, while medical professionals view the child from a more comprehensive angle.

Understanding these limitations and working collaboratively with school teams can help reduce tension. Schools and parents should strive for open communication and realistic expectations while ensuring that the child’s educational needs are met. Keeping the focus on the child, and not on the school, is in everyone’s best interest.

04/02/2025

We moved!

Please note our address change.

We are now located at: 11810 Grand Park Avenue, Suite #500 North Bethesda, MD 20852

03/07/2025

Brian Gruber had the chance to speak with NBC 4 Washington on the upcoming DCPS investigations.

The U.S. Department of Education will investigate DC Public Schools to evaluate if the district is failing to meet the needs of students with disabilities and special needs.

03/06/2025

Join Kim as she walks through a guide for students with special needs on Monday, March 10th at 6:30 pm. Scan the QR code to RSVP.

02/19/2025

An Interesting article from our friends at Bethesda Magazine regarding cell phone restrictions in the classroom.

According to some MCPS students and staff at schools participating in a stricter cell phone policy pilot, the program has been a success.  

02/13/2025

Understanding Bullying

What Is Bullying?

Bullying is characterized by aggression within a relationship where the aggressor has more real or perceived power than the target, and the aggression is repeated or has the potential to be repeated over time.

The term "bullying" is sometimes used to describe any form of unkind behavior or disagreement between peers. While promoting kindness is important, not all conflicts rise to the level of bullying. Labeling every argument or instance of mean behavior from a peer as "bullying" can dilute the term’s meaning and make it harder to address serious cases effectively.

Peer Conflict vs. Bullying

A key distinction between peer conflict and bullying is that peer conflict typically involves a mutual disagreement or fight between individuals of equal power. While conflicts can still be harmful, they are usually resolved through discussion, mediation, or natural social consequences.

Bullying, on the other hand, is systematic—it is deliberate, ongoing, and designed to cause harm or distress to the targeted individual. The key difference is the unequal balance of power. In a peer conflict, both individuals have equal power. Peer conflict becomes bullying when one child has more power than the other and uses that power to belittle the other student. The bullied student does not have the power to fight back in a meaningful or effective way. Understanding this difference is essential for educators, parents, and young people to respond appropriately.

The Rise of Cyberbullying

Cell phones have quickly become an essential part of our daily lives. Students now bring phones to school, which has raised a challenging question: how should schools manage student cell phone use? Parents often equip their children with cell phones so they have an easy, fast way to contact them if needed. But can schools restrict this right? Being a relatively uncharted area, schools are trying to find a balance between limiting the distractions and potential harms of cell phones in the classroom while still allowing parents to ensure their children have access to necessary technology.

The impact of cell phone use extends beyond the classroom. With students having access to the internet and social media, cyberbullying has moved schoolyard antics online. Cyberbullying involves harassment, threats, or humiliation through online platforms, including social media, messaging apps, and gaming networks. Unlike traditional bullying, cyberbullying can be relentless, following victims into their homes and personal spaces where they should feel safe. It allows perpetrators to hide behind a screen or even a false persona, making it easier to inflict sustained harm on others.

If you fear your child may be a victim of cyberbullying, it is important to intervene and alert your school immediately for support.

To read more about phone use and cyberbullying in and out of the classroom, you can check out what the ABA and Brian Gruber have to say on the topic: https://www.abajournal.com/web/article/hold-the-phone-k-12-school-electronic-device-policies-must-be-carefully-considered-say-lawyers?

Addressing the Issue in Schools

Schools have an obligation to provide students with a safe environment for learning. If your child is experiencing bullying in school, please reach out to our office to discuss your legal rights and some solutions depending upon your child’s unique circumstance. Students with disabilities are entitled to a Free Appropriate Public Education (FAPE). Students without disabilities who experience bullying may ultimately qualify for an IEP if their grades significantly decline or their academic behavior changes.

Caroline Wilhelms
Law Student Intern

At least eight states now have policies banning or restricting cellphones in classrooms, according to a Kaiser Family Foundation report published in September 2024. (Image from Shutterstock)

02/07/2025

My Child Won’t/ Can’t Go to School… What Can I Do?

What Is School Avoidance?
School avoidance, sometimes referred to as school refusal, is the term used to refer to a child regularly refusing to go to school. Since the Covid-19 pandemic, this trend has escalated. Many schools are being confronted with the task of determining what is causing this avoidance, and how to address it.
Children who experience school avoidance may:
• Complain of physical symptoms such as headaches, stomachaches, or fatigue, especially on school days.
• Exhibit intense fear, anxiety, or distress at the thought of going to school.
• Refuse to attend school or frequently ask to leave early.
• Struggle with unexplained tardiness or absences.
Unlike truancy, which is held to mean a student intentionally skipping school without a valid reason, school avoidance is typically driven by internal struggles rather than external defiance or rebellion.
Common Causes of School Avoidance
A few different factors may lead a child to exhibit school avoidance. These factors include:
1. Anxiety Disorders: Social anxiety, separation anxiety, or generalized anxiety can make the school environment overwhelming.
2. Bullying or Social Challenges: Negative interactions with peers, such as bullying or exclusion, can lead to avoidance behaviors.
3. Academic Struggles: Learning difficulties or fear of failure may make children dread going to school.
4. Transitions or Changes: Moving to a new school, changes in family dynamics, or other significant life events can trigger avoidance.
5. Mental Health Issues: Depression, trauma, or other emotional challenges may be underlying causes.


Schools Obligations
Where truancy was once regarded as a problem for parents to handle, the epidemic of school avoidance can be linked to a disability. If so, schools can be obligated to step in with intervention plans. A recent case in the District of Columbia found that it is a school’s responsibility to “consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.”. Schools are responsible for working with parents to help resolve a child’s school avoidance. Some ways that schools can assist in school avoidance issues follow:
1. Early Intervention: Student attendance should be regularly monitored, and patterns should be easily identified. Teachers should be on the lookout for symptoms of school avoidance, such as anxiety and withdrawal.
2. Creating a positive school climate: Schools should foster a welcoming environment and place strong emphasis on value of students. Anti-bullying policies should be in place. Students should be encouraged to participate in positive social interactions.
3. Individualized support: access to mental health services should be provided at school. For students who display symptoms of school avoidance and have been disengaged with school and the work along with it, teachers and the school should work to create a manageable, achievable plan for the student so that they do not become more overwhelmed with their workload. Students should be regularly checked on.

If your child has been demonstrating signs of school avoidance, it is important to talk to your student’s school, and to be upfront about the challenges of getting your child to school.

Strategies for Parents
What can parents do if their children exhibit signs of school avoidance? There are a few suggested tools that may help your child gain the confidence to go to school:
5. Communicate Openly: Create a safe space for your child to express their feelings. Avoid dismissing their concerns, even if they seem minor.
6. Establish Routines: Consistent morning and bedtime routines can help reduce stress and build predictability.
7. Collaborate with the School: Work with teachers, counselors, and administrators to identify triggers and develop a support plan.
8. Gradual Exposure: Encourage small steps toward attending school, such as starting with half days or specific classes.
9. Seek Professional Help: Consider therapy or counseling if your child’s avoidance persists or stems from deeper emotional issues.

Where We Come In…
Is your child exhibiting signs of school avoidance? Has your child’s school been proactive in creating a plan with you for your child? We can assist you during these conversations. Your child is entitled to resources that will help them succeed in school. Your child may need to receive an assessment, called an FBA, or a functional behavior assessment. This will help professionals pinpoint the problem your child is facing and create a plan for intervention. Please reach out to our office for a consultation if you would like to discuss your child’s school avoidance or any other aspect of their education.

Caroline Wilhelms,
Law Student Intern

01/31/2025

Concerned about your child's learning loss post the Covid-19 pandemic? So are we.

Takeaways from new federal data on student math and reading achievement detail the long and damaging road back from the pandemic.

01/18/2025

Check out this article, featuring Brian Gruber, which discusses phone policies in the classroom.

At least eight states now have policies banning or restricting cellphones in classrooms, according to a Kaiser Family Foundation report published in September 2024. (Image from Shutterstock)

01/16/2025

Kim Glassman joined Moderately MOCO to discuss all things special education. You can watch the episode here:

I am your host Jason Makstein and today we have co-host Esther Wells and long time special education lawyer Kim Glassman to talk about Special Education Advo...

01/14/2025

Our very own Kim Glassman will be joining the Moderately MoCo's "MoCo Mic Live" podcast this Wednesday, January 15th, to discuss special education advocacy. In this episode, you can expect to hear insight on what to do if you need help navigating the legal realm of your child’s education.

Kim will be answering questions such as…
How do I ask for help?
Where do I start?
What programs are in place to support me?
How do I navigate bringing an attorney into my child’s school?
With over 20 years of experience working in education law, Kim is extremely knowledgeable in the realm of special education. If you are seeking clarification on what to expect if your child is receiving a special education, or how to navigate working with the school system to ensure your child is reciving an appropriate education, this podcast is a great place to start!

You can tune in to MoCo Mic Live via Facebook Live, YouTube, or X at 6:30 PM ET, or. Catch it any time after available on all streaming platforms.

https://moderatelymoco.com/?fbclid=IwY2xjawHygUdleHRuA2FlbQIxMAABHWz0SR5HlsCyfPjVs8YcoZa4WdKfO2QGHrC8Zp2xzKEDQ6hpusVSnDCZ9g_aem_83fnPaV4UnOxR8XZ09AR0w

https://podcasts.apple.com/in/podcast/moco-mic-live/id1786201432