Meet Maria McGinley

Table of Contents

Maria C. McGinley

Maria C. McGinley received her J.D. from New York Law School, her Master’s degree from Fordham University Graduate School of Education, and her Bachelor’s degree from New York University.

Maria has been in the special education field for nearly two decades.  In her prior career, Maria was a New York City Department of Education Special Education teacher.  Initially hired to be an “ABA teacher” providing individual pull-out ABA sessions for young children with autism in a District 75 special education school, she went on to teach in multiple 6:1:1 District 75 classes as well as 15:1 high school classes.  Maria also provided early intervention services through a private agency.  Maria loved being a teacher, but she recognized that many NYC students were not receiving appropriate services and supports to meet their individual needs.  Maria’s experience as an educator is an invaluable benefit to her clients.

Maria has been in the special education law sector since 2009.  She has represented hundreds of families and has an excellent track record at both the administrative and federal levels.   Having family members with autism and ADHD, Maria truly understands the struggles families endure when their children are not getting the education they need.  Maria’s vast and successful experience as a special education teacher and a special education attorney is an asset that clients want and need.

Some of Maria’s notable federal cases include: S.A. v. New York City Department of Education, awarding compensatory education services, T.Y. v. New York City Department of Education, awarding tuition reimbursement and PROMPT speech therapy services, T.K. v. New York City Department of Education, a landmark bullying case, T.M. v. Cornwall Central School District, a landmark least restrictive environment “LRE” case, C.F. v. New York City Department of Education, a matter involving a student’s need for 1:1 ABA instruction, R.E. v. New York City Department of Education, a landmark decision regarding what evidence can and cannot be used at hearing, P.K. v. New York City Department of Education, a matter involving a student’s need for 1:1 ABA instruction and additional services, Doe v. Darien, a matter involving the sexual abuse of a student by a paraprofessional, Endrew F. v. Douglas County School District RE 1 (as amicus), the Supreme Court’s 2017 decision adopting a robust FAPE standard, Ermini v. Vittori, 758 F.3d 153 (as amicus), a case involving an international custody dispute brought under the Hague Convention involving a student’s need for ABA therapy, and C.L. v. New York City Department of Education, 2014 WL 278405 (as amicus), a matter involving a student who required 1:1 instruction to learn.

Maria has authored many articles on a variety of special education topics and regularly presents at local, national, and international conferences as well as continuing legal education seminars. Maria also has been interviewed by the media regarding special education and safety issues. Maria is the Chair of the Board of Directors of the NJ Chapter of Autism Speaks and sits on the Development Board of QSAC (Quality Services for the Autism Community).

Maria resides in NJ with her longtime partner (a kindred spirit with over 25 years of special education experience), her stepson, her daughter and their family dog.  She enjoys traveling, spending time with friends and family and she is passionate about mentoring law students and new attorneys with an interest in special education law.

Bar Admissions: New York and New Jersey United States Supreme Court United States Court of Appeals for the Second Circuit United States District Court for the Eastern of New York United States District Court for the Southern District of New York

Admissions

Bar Admissions: New York and New Jersey United States Supreme Court United States Court of Appeals for the Second Circuit United States District Court for the Eastern of New York United States District Court for the Southern District of New York

Presentations

Maria regularly presents at local, national and international conferences, continuing legal education seminars and at schools educating children with autism and other developmental disabilities.

“Pathways to Early Intervention and Support”

Autism Speaks (Remote Presentation)

Presented by: Maria C. McGinley

November 20, 2022

“Due Process Proceedings in NYC”

Professional Development Session at Tribeca Preparatory, New York, NY

Presented by: Maria C. McGinley

September 1, 2021

“Special Education and Remote Learning: How to Assist Your Clients in Navigating the New Landscape”

New York State Bar Association (Remote presentation)

Presented by: Maria C. McGinley

October 30, 2020

“Special Education Due Process 101”

Autism NJ, 38th Annual Conference (Remote presentation)

Presented by: Maria C. McGinley and Jacqueline DeVore

October 15, 2020

“Special Education and Stay Put/Pendency Entitlements”

Practising Law Institute, 20th Annual School Law Institute (Remote presentation)

Presented by: Maria C. McGinley

July 30, 2020

“Due Process Proceedings in NYC”

Professional Development Session at Children’s Academy, New York, NY

Presenters: Maria C. McGinley and Jacqueline DeVore

February 27, 2020

“What are my child’s educational rights? A legal perspective”

Everything Autism & . . . Conference, New York, NY

Panelist: Maria C. McGinley

November 18, 2019

“Q+A: Resolving Disputes Between Families and School Districts”

Autism NJ 37th Annual Conference, Atlantic City, NJ

Panelist: Maria C. McGinley

October 18, 2019

“Hot Topics in Dispute Resolution”

Autism NJ 37th Annual Conference, Atlantic City, NJ

Presented by: Maria C. McGinley

October 18, 2019

“Transition Planning”

New York State Bar Association, Special Education Law Update, New York, NY

Presented by: Maria C. McGinley

October 4, 2019

“My Career Path”

Presentation at QSAC Career Wise – A social and career skills group for individuals with autism 18+, New York, NY

Presented by: Maria C. McGinley

September 25, 2019

“Transition to Adulthood”

Autism Speaks Panel, Special Olympics New Jersey, Lawrenceville, NJ

Panelist: Maria C. McGinley

June 13, 2019

“The IDEA, IEPs, Due Process Proceedings and More”

Professional Development Presentation, Children’s Academy, New York, NY

June 6, 2019

“Introduction to Special Education Law”

Port Chester/Rye Bar Association, Port Chester, NY

Presented by: Maria C. McGinley

May 15, 2019

“Autism and Advocacy”

Shrub Oak International School, Lake Mohegan, NY

Panelist: Maria C. McGinley

April 16, 2019

“Beyond the Black Letter of the Law: Innovative Strategies to Rescue Drowning Students, Develop Appropriate Programs and Police Their Implementation”

Council of Parents Attorneys and Advocates (COPAA) Annual Conference, New Orleans, LA

Presented by: Maria C. McGinley and Jacqueline DeVore

March 9, 2019

“Developing and Implementing Appropriate Transition Plans”

Special Education Parent Advocacy Group (SEPAG), Leonia, NJ

Presented by: Maria C. McGinley and Susan K. Wagner

January 31, 2019

“Importance of a Compliant Special Education Program and Special Legal Considerations Concerning IEPs and Related Documents”

Professional Development for Educators Charter High School for Law and Social Justice, Bronx, NY

Presented by: Maria C. McGinley

January 28, 2019

“I’ve Been Called As a Witness in a Due Process Proceeding … Now What? The Lawyer’s Perspective”

American Speech Language and Hearing Association (ASHA) Convention, Boston, MA

Presented by: Maria C. McGinley and Jacqueline DeVore

November 17, 2018

“New Jersey Transition Town Hall”

Autism Speaks Town Hall, Paramus, NJ

Panelist: Maria C. McGinley

September 12, 2018

“Enhancing the School Experience”

Autism Speaks Town Hall, Fordham University, Bronx, NY

Panelist: Maria C. McGinley

May 8, 2018

“Special Education Law in New York City”

New York Law School, New York, NY

Guest Lecturer: Maria C. McGinley

May 2, 2018

“The Top Ten Things You NEED To Know About Evaluations for Students with Autism”

Autism NJ Annual Conference, Atlantic City, NJ

Presented by: Maria C. McGinley and Jacqueline DeVore

October 19, 2017

“Dollars and Cents – Practical Money Skills for Life”

Abilities Expo, Edison, NJ

Presented by: Maria C. McGinley

May 5, 2017

“Developing Individualized, Thorough and Effective Transition Plans”

Autism NJ Transition Conference, Woodbridge, NJ

Presented by: Maria C. McGinley

May 1, 2017

“Developing and Implementing Appropriate Transition Plans”

22nd Annual Minnesota Autism Conference, Minneapolis, MN

Presented by: Maria C. McGinley

April 27, 2017

“Analyzing the IEP: Identifying and Filling Gaps to Meet Each Student’s Needs”

34th Annual Autism NJ Conference, Atlantic City, NJ

Presented by: Maria C. McGinley and Jacqueline DeVore

October 28, 2016

May 1, 2017

“Developing Individualized, Thorough and Effective Transition Plans”

34th Annual Autism NJ Conference, Atlantic City, NJ

Presented by: Maria C. McGinley and Jacqueline DeVore

October 28, 2016

“Autism Speaks Award Ceremony – Guest Speaker”

Westfield, NJ

Presented by: Maria C. McGinley

February 2, 2016

 

“The Needs of Families with Autism”

Union County Freeholders, Elizabeth, NJ

Presented by: Maria C. McGinley

January 26, 2016

“New Jersey Transition Town Hall”

Autism Speaks Town Hall, Montclair State University, Montclair, NJ

Moderated by: Maria C. McGinley

November 18, 2015

“Special Education Law in New York City”

New York Law School, New York, NY

Guest Lecturer: Maria C. McGinley

October 27, 2015

“Opening the Door to Adulthood: How to Create and Implement Appropriate Transition Planning for Students”

Autism New Jersey Annual Conference, Atlantic City, NJ

Presented by: Maria C. McGinley

October 16, 2015

“Where Do Your Dollars Go? A 2015 Update on the NJ Chapter Board of Autism Speaks”

Long Branch, NJ

Presented by: Maria C. McGinley

July 30, 2015

“Hot Topics in Special Education Litigation”

Practising Law Institute, 15th Annual School Law Institute, New York, NY

Panelist: Maria C. McGinley

June 5, 2015

“Autism Advocacy and Science in New Jersey: The Latest Hot Topics”

Lowenstein Sandler, Roseland, NJ

Presented by: Maria C. McGinley and Linda Brzustowicz

May 28, 2015

“Presentation: Determining Least Restrictive Environment”

Autism NJ Annual Conference, Atlantic City, NJ

Presented by: Maria C. McGinley

October 23, 2014

“Walk Now for Autism Speaks North/Central NJ”

Cranford, NJ

Presentation by: Maria C. McGinley

October 16, 2014

“Town Hall on Adult Services”

Mercer Community College, West Windsor, NJ

Moderated by: Maria C. McGinley

October 7, 2014

“Why I Walk? How Autism Speaks’ Fundraising Directly Affects Our Communities”

West Orange, NJ

Presented by: Maria C. McGinley

September 18, 2014

“Universal Strategies in the Early Childhood Environment for Successful Learning”

YAI 2014 International Conference, New York, NY

Presented by: Maria C. McGinley

April 29, 2014

“Transitioning Children from Early Intervention to Special Education Services”

11th Annual Young Child Expo & Conference, New York, NY

Presented by: Maria C. McGinley

April 23, 2014

“Writing an Effective Closing Brief”

Fordham University, School of Law, New York, NY

Guest Lecturer: Maria C. McGinley

April 23, 2014

“Special Education Legal Rights and Entitlements”

Hunter College, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

January 15, 2014

“Introduction to Special Education Law”

Hunter College, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

December 15, 2013

“Preparing Your Case for Appeal”

New York State Bar Association, 2013 Special Education Law Update, Mt. Kisco, NY

Presented by: Maria C. McGinley

November 6, 2013

“Advising Prospective/New Clients and Protecting Your Practice – A Skills-Based Course”

Hunter College, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

November 2, 2013

“Walk Now for Autism Speaks North/Central NJ”

Cranford, NJ

Presentation by: Maria C. McGinley

October 20, 2013

“What Inspires Me”

West Orange, NJ

Presented by: Maria C. McGinley

July 11, 2013

“Ethical Considerations in Special Education Law and Beyond”

Hunter College, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

May 19, 2013

“I Disagree with My IEP – Now What?”

PULSES/ Empowering Ellenville Event, Goshen, NY

Presented by: Maria C. McGinley

May 18, 2013

“Effectively Navigating the IEP Process”

YAI 2013 International Conference, New York, NY

Presented by: Maria C. McGinley

May 9, 2013

“Special Education Law – A Case Study”

Bridge the Gap CLE, Newark, NJ

Presented by: Maria C. McGinley

April 21, 2013

“Special Education Law – An Overview”

Hunter College, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

March 9, 2013

“Administrative Litigation: A Look Into New York City Special Education Law”

Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

December 2012

 

“Introduction to Special Education”

Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

December 2012

“Bullying and the Law”

New York Law School, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

September 2012

“Ethics in the Field of Special Education”

New York Law School, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

September 2012

“Introduction of Special Education Law – Part 2”

New York Law School, Bridge the Gap CLE, New York, NY

Presented by: Maria C. McGinley

September 2012

“How to be Proactive in Serving Students with ASD: A Legal Perspective from the Parents’ Side”

Rethink Autism, National Leadership Summit, New York, NY

Presented by: Maria C. McGinley

July 2012

 

“Introduction to Special Education Law – Part 1”

Seton Hall Law School, Bridge the Gap CLE, Newark, NJ

Presented by: Maria C. McGinley

June 2012

“Effectively Navigating the Educational Planning Process for your Child with Autism”

Hudson County, NJ Support Group, Hudson County, NJ

Presented by: Maria C. McGinley

March 2012

“Bullying as a Recognized FAPE Deprivation for Children with Disabilities – The Impact and Lessons of T.K., et al. v. New York City Dep’t of Educ.”

New York State Bar Association, 2011 Special Education Law Update, Albany, NY

Presented by: Maria C. McGinley

October, 2011

Interviews/ Media Apperances

Interview for “Decision Dialogues” Modera Wealth Management (October, 2021)

Interview for “Aging Wisely, The Podcast” (September, 2021)

Interview for Fox 5 News, Fox 5 (August, 2018)

Interview for NJ Monthly Magazine, Aging Out:  Desperately Seeking Services for Autistic Adults, (November, 2014)

Interview for NBC Nightly News, NBC, (November, 2013)

Interview for Dan Rather Reports, HDNET, (May, 2012)

Publications

Co-Author, “Special Education Due Process 101 – The Nuts and Bolts” (Winter 2021, Autism Spectrum News)

Contributing Author, “Legal Considerations in Interdisciplinary Treatments” chapter appearing in Handbook of Interdisciplinary Treatments for Autism Spectrum Disorder (2019, Springer) (Edited by Robert Rieske)

 “The Importance of the Express Provisions of the IEP for Students with Disabilities and the Impact of R.E. v. N.Y.C. Dep’t of Educ.”  (Spring 2013, Elder and Special Needs Law Journal)

“What Are Your Legal Entitlements Now That Your Child Has Been Diagnosed on the Autism Spectrum?” (Fall 2012, Autism Spectrum News)

“Transitioning Into Adulthood: Working with Your School District to Best Meet the Needs of Your Child” (Spring 2012, Autism Spectrum News)

“How to Combine Cooperation and Advocacy at Your IEP Meeting” (Spring 2011, Autism Spectrum News)

Testimony

New Jersey Department of Human Services, Department of Children and Families (DCF) Public Input Session – HCBS Statewide Transition Plan (February 19, 2015)

Boards and Committees

2022 – Present, Chair, Executive Leadership Council, Autism Speaks

2020 – Present, Council Member, Autism Speaks Community Advisory Council

2020 – 2021, Vice-Chair, Special Education Committee, New York State Bar Association

2018 – Present, Board Member, Quality Services for the Autism Community (QSAC) Development Board

2017 – Present, Chair, Board of Directors, NJ Chapter, Autism Speaks

2015 – 2017, Vice-Chair, Board of Directors, NJ Chapter, Autism Speaks

2014 – 2022, Board Member, NJ Chapter, Autism Speaks

2013 – 2017, Chairperson, North/Central NJ Walk Now for Autism Speaks

2012 – 2017, Committee Member, North/Central NJ Walk Now for Autism Speaks