When you disagree with the school in a special education matter, there are a variety of ways you can try to resolve the dispute. The avenue you pursue may affect the outcome, so it's important to discuss the pros and cons of each approach with a special education attorney.
Is My Child's Teacher Licensed?
AAC: New Guidance from DESE
On April 2, 2018, Russell Johnston, PhD, the Senior Associate Commissions and State Director of Special Education issued a Technical Assistance Advisory called "Addressing the Communication Needs of Students with Disabilities Through Augmentative and Alternative Communication (AAC)" Dr. Johnston begins the advisory by expressing his concern that Massachusetts students with limited oral communication skills have insufficient access to AAC. The purpose of the advisory is to encourage more consistency in AAC services throughout the state and to remind schools districts of best practices and legal responsibilities.
You can read the entire advisory here.
MA DESE: New Guidance on Diplomas and IEP Transition Services
Today, the Massachusetts Department of Elementary and Secondary Education ("DESE") issued an administrative advisory on graduation requirements for students with IEPs. You can read the entire document here.
The advisory specifically addresses whether and when a student may refuse a diploma in order to continue to receive transition and other special education services.
DESE concludes that a student cannot "refuse" a diploma, outright. At the same time, a student (or parent) can reject the graduation date on the IEP (based on FAPE) and invoke stay-put (thereby continuing to receive the services). The result of this procedure is similar to the outright refusal of the diploma, but the process allows for a more individualized approach and builds in dispute resolution mechanisms such as mediation or a due process hearing.
If you have a question about transition services, graduation requirements, and FAPE, contact the Boston area law office of Wong & Boscarine LLC.
DESE Issues Transition Advisory
On July 14, 2016 the State Director of Special Education issued an advisory to help school districts provide students on IEPs with high quality transition services. You can read the entire advisory here. The advisory encourages districts to make transition services "purposeful and sequential" with the goal of being individualized and results oriented.
DESE Advisory - PACs and Social Media
School Lunch in Out-of-District Placements
Office of Civil Rights Issues New Guidance on Access to Extracurricular Athletics
In June 2010, the United States Government Accountability Office (GAO) published a report that found that students with disabilities were not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools. The GAO emphasized that participation in extracurricular athletics provides important health and social benefits to all student, particularly those with disabilities. You can read the entire report here.
How Many Hours of Home / Hospital Tutoring Does the School Have to Provide?
Massachusetts' New Autism Insurance Law
On August 3, 2010 Governor Patrick signed the bill , "An Act Relative to Insurance Coverage for Autism" (HB 4935), into law. The law mandates broader insurance coverage of diagnostic tests, medical treatment, and services for children and adults with autism. The law will go into effect on January 1, 2011.