Lillian Wong

February 22, 2024

IEP, 504, Evaluation, Q&A

Q & A: IEP vs. 504 eligibility; IEE

Lillian Wong

February 22, 2024

IEP, 504, Evaluation, Q&A

Question:

The district recently evaluated my child and determined they were ineligible for special education. I rejected that finding and requested an Independent Educational Evaluation (IEE). Can I also request a 504 eligibility meeting while the student is undergoing an IEE?

Answer:

Yes. You can and should request a 504 eligibility meeting. While a 504 is different than an IEP (read more here: IEP vs. 504) it could still provide some accommodations and protection from school discipline. Having a 504 plan doesn’t mean that you agree with the district about special education eligibility (read more here about special education eligibility in Massachusetts). In addition, IEEs, whether based on state or federal law, are not negated by a student also having a 504 plan.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

Allison Boscarine

December 2, 2020

Evaluation, Q&A, Massachusetts Law, Parent Rights

Q & A: 10 Day Requirement for Independent Evaluations

Allison Boscarine

December 2, 2020

Evaluation, Q&A, Massachusetts Law, Parent Rights

Q & A: 10 Day Requirement for Independent Evaluations

Question: I know that the IEP team is required to meet within ten days of receiving an outside evaluation, but what days count? I think it is school days, but what about half-days or professional development days?

Lillian Wong

November 27, 2020

IEP, Massachusetts Law, Q&A, Parent Rights

Q & A: When Will I Receive the IEP in the Mail?

Lillian Wong

November 27, 2020

IEP, Massachusetts Law, Q&A, Parent Rights

Q & A: When Will I Receive the IEP in the Mail?

Answer: Parents are often surprised to learn that federal laws and regulations do not contain a deadline if the IEP team met to review or revise an IEP. (But note: If the IEP meeting was an eligibility meeting, federal regulations do provide a deadline - parents must receive the IEP 60 calendar days after the District received consent to evaluate UNLESS the state imposes a shorter timeframe. In Massachusetts the deadline is 45 school days after the consent to evaluate.)

Lillian Wong

April 15, 2018

Q&A

Education Law and ADD/ADHD Medication

Lillian Wong

April 15, 2018

Q&A

Can Teachers Require Me to Put My Child on ADD/ADHD Medication?

No. Teachers and school administration cannot require you to put your child on prescription medication. 34 CFR 300.174 (a). Medication can never be a condition of attending school. Medication can never be a condition of receiving special education evaluations, services or accommodations.

Lillian Wong

July 10, 2017

504, Advocacy, Discrimination, FAPE, Q&A

Q & A: School Discriminating Against Child with ADHD?

Lillian Wong

July 10, 2017

504, Advocacy, Discrimination, FAPE, Q&A

Q & A: School Discriminating Against Child with ADHD?

How do I pursue litigation for discrimination in the school against my son who has ADHD? My son is diagnosed with ADHD. We recently moved into a new state/school system. He is currently under a 504 plan, but the school refuses to follow it and issues punishments for actions that are due to his disability without any discussion with us (the parents).

Lillian Wong

February 14, 2014

Autism, IEP, Parent Rights, Q&A

Disciplining Students with Behavior Issues

Lillian Wong

February 14, 2014

Autism, IEP, Parent Rights, Q&A

Disciplining Students with Behavior Issues

Attorney Wong is pleased to announce that she will be speaking a NBI Continuing Legal Education Seminar called Disciplining Students with Behavior Issues on June 3, 2014 in Boston, Massachusetts. The all-day, live event will provide a comprehensive legal overview of the complex legal issues involved with school discipline of students with disabilities and behavior challenges.

Lillian Wong

January 17, 2012

DESE, FAPE, Massachusetts Law, Q&A, US DOE

How Many Hours of Home / Hospital Tutoring Does the School Have to Provide?

Lillian Wong

January 17, 2012

DESE, FAPE, Massachusetts Law, Q&A, US DOE

How Many Hours of Home / Hospital Tutoring Does the School Have to Provide?

When your child is too sick (mentally or physically) to attend school, the school still has an obligation to educate your child in the home or hospital setting.

Lillian Wong

September 28, 2011

Q&A, Parent Rights, US DOE, Massachusetts Law

Q&A: Can the School Require Me to Chaperone My Child on Field Trips?

Lillian Wong

September 28, 2011

Q&A, Parent Rights, US DOE, Massachusetts Law

Q&A: Can the School Require Me to Chaperone My Child on Field Trips?

Question: My son is on an IEP for ADHD and a social / emotional disability. My son's classroom teacher recently told me that unless my husband or I agree to chaperone my son on his field trip he could not attend because he was "too much of a handful." Is this legal?

Lillian Wong

July 29, 2011

Q&A, Parent Rights, Massachusetts Law

How Much Can the School Charge Me for Copies Of My Child's Educational Records?

Lillian Wong

July 29, 2011

Q&A, Parent Rights, Massachusetts Law

How Much Can the School Charge Me for Copies Of My Child's Educational Records?

Having a copy of your child's educational records is an important parental right, especially if you are in a dispute with the school. Educational records are broadly defined and can be thousands of pages. Read more about requesting educational records here.

Lillian Wong

June 23, 2011

Q&A

How Can I Request My Child's Educational Records?

Lillian Wong

June 23, 2011

Q&A

How Can I Request My Child's Educational Records?

If you are in a dispute with the school, want to learn more about your child's educational history (attendance, discipline, testing, etc.), or if you just want to make sure your copy of the records is complete, you should request to review and or receive a copy your child's educational records.