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.
Understanding Special Education Test Scores Part 2: Academic Testing
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.
Understanding Special Education Test Scores - Part 1: Intelligence Tests
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:
Remote Learning, Consent Required?
Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant). Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
Special Education Rights in MA During COVID Closures
Are you confused about special education rights during this extended school closures? You are in good company! The state and federal government have published guidance only to retract or replace it a few weeks later. Districts’ interpretation of their responsibilities varies widely. Most students have been home for several weeks, and we are all wondering, what’s next?
School Closures, Special Education Rights, and COVID-19
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.
Advocate vs. Attorney - What's the Difference?
I'm frequently asked this question and think it's important for parents to understand the difference. I do not mean to imply attorneys are always the better choice. Not at all! If an attorney has no experience with special education law, I would much prefer working with an experienced advocate. That said, there are some important ways attorneys differ from advocates:
1. Not just anyone can be an attorney. An attorney must take the LSAT, graduate from law school, and pass the state bar. An attorney must abide by rules of professional conduct, and can be sued for malpractice. In Massachusetts, the Board of Bar Overseers can revoke or suspend an attorney's license. Advocates are not subject to any analogous licensing requirements.
2. An attorney's legal knowledge is more extensive. Advocates may be experts in special education law, but attorneys, by virtue of their law school training and passage of the state bar exam, have a more comprehensive understanding of how other areas of the law affect your situation. Constitutional, criminal, family, and civil legal issues often infiltrate special education cases. For example, schools may press criminal charges against a child with a disability or divorced parents may disagree with each other about the contents of their child's IEP.
3. An attorney has been trained in oral and written advocacy. Law schools teach legal research, writing, and oral advocacy skills. In my experience, this training is extensive and vigorous. Law school changes the way a lawyer views a problem and finds a solution.
4. An attorney can represent your case in its entirety. An advocate cannot represent you if the case is appealed to state or federal court.
5. Hiring an attorney may be more cost effective. While advocates generally charge a lower hourly rate than an attorney, the law provides for the school to pay for parents' attorney's fees if parents are successful at hearing.
"Stay-Put" Rights In Massachusetts
Rejecting an IEP
Once the IEP team proposes an IEP, parents have the right to accept or reject the program, in whole or in part. Parents must indicate their response on the IEP, sign the document, and return it within 30 days of receipt. If the document is not returned within 30 days, the school may assume that the IEP has been rejected. Even if you strongly disagree with the proposed IEP or placement, it is always better to continue to communicate with the school and express your concerns in writing.
The Limits of Parental Participation Under the IDEA
The right to to parental participation in the IEP process is important, but it is not unlimited. It is important for parents to understand their role in the special education process and to accept the advise of experts that have the student's best interest in mind. This BSEA decision provides some useful guidance.