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Whether or not the Parents are entitled to reimbursement is a complicated legal question. The notice to the District must meet certain procedural requirements. I would NEVER recommend a unilateral placement without working with a special education attorney or a seasoned special education advocate. If Parents' notice is not sufficient, they are not entitled to reimbursement.
It’s been a busy summer! There’s been so much news, guidance and emails about what this fall will look like for our students. It’s been difficult to sift through everything and find the key take-away. Here’s what parents, guardians and advocates for students with disabilities in Massachusetts need to know:
On Monday August 31st Lillian Wong, Esq. will be a featured speaker at the MCLE 60-Minute Lawyer, “Back to School Legal Landmines in a COVID-19 World,” representing the parent and student legal perspective. Catherine Lyons , Esq. of Lyons & Rogers LLC in Rockland and Michael Long of Long & DiPietro LLP in Hingham will represent the school district perspective.
Back-to-school season is upon us, but this year is unlike any other. Due to concerns about health, safety, and the effectiveness of remote, hybrid, and socially distanced learning, many more parents are considering homeschooling. Before you make that decision, here are five things you should know about homeschool and special education law in Massachusetts:
In Part 1 of this series, we explained that under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential" One way to measure a student’s potential is through cognitive or intellectual testing.
Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"
Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:
The special education landscape has changed dramatically in the past few weeks due to COVID-19 related closures. At first, state and federal agencies were asserting that schools need not provide any special education services if they did not provide any educational services at all to any student. This position was flawed and frankly wrong. In response, we joined with civil rights advocates from across the country to ensure students’ rights to a free appropriate public education (FAPE). As part of these efforts, we joined with other leaders and submitted this letter to the Massachusetts Department of Elementary and Secondary Education (DESE). A few days later we spoke directly with the Education Commissioner and explained even in these challenging circumstances the right to a FAPE is remains.
NOTE: THIS GUIDANCE HAS BEEN REPLACED WITH A CLEAR STATEMENT THAT STUDENT’S RIGHT TO FAPE CONTINUES DURING COVID CLOSURES. YOU CAN READ THAT HERE.
Wong & Boscarine LLC
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