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Federal law provides for expedited hearings in certain situations. In Massachusetts, The Bureau of Special Education Appeals determines whether expedited status should be granted to all or some of the issues. If there are any remaining issues, those will be processed on a non-expedited track. Whenever possible, both cases will be heard by the same Hearing Officer
2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years. The unanimous Court held that FAPE requires a school to offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court further emphasized that “every child should have a chance to meet challenging objectives.”
Like any litigation, a special education hearing can become expensive and risky. Therefore, many parents choose to enter settlement agreements, even paying part of the costs of special education programs, rather than go to a full hearing and risk losing. This is reflected in statistics from the Bureau of Special Education Appeals, indicating that over the last 10 years between 95 and 97 percent of all of these disputes are resolved without a full hearing. (See attached) This is not an unusual statistic. In Superior Court in Massachusetts the percentage of all types of litigation disposed without a trial is strikingly similar.
On October 27, 2016, Attorney Lillian Wong, the principal at The Law Office of Lillian E. Wong, LLC in Topsfield, and Attorney Eileen Haggerty, a partner at Kotin, Crabtree and Strong, LLP in Boston, will present to the Massachusetts Coalition to Defend Special Education. The Coalition is a major initiative of the Massachusetts Advocates for Children (“MAC”) and is comprised of over 400 parents of children with disabilities, advocates, and special education attorneys in the public and private sector.
On October 27, 2016, Attorney Lillian Wong and Attorney Eileen Haggerty, a partner at Kotin, Crabtree and Strong, LLP in Boston, will present to the Massachusetts Coalition to Defend Special Education. The Coalition is a major initiative of the Massachusetts Advocates for Children (“MAC”) and is comprised of over 400 parents of children with disabilities, advocates, and special education attorneys in the public and private sector.
Attorney Wong recently prevailed in a discovery dispute at the Bureau of Special Education Appeals ("BSEA"). The BSEA does not always publish its rulings, so this Order provides some insight into prehearing motion practice at the BSEA. The Ruling, In Re: Flavio & Beverly Public Schools BSEA #18-10763 (Byrne, 2018) can be read here.
Attorney Wong recently prevailed in an important discovery dispute at the Bureau of Special Education Appeals ("BSEA"). While the BSEA does not always publish its Rulings, this Ruling was published and can be read here - In Re: Student v. Arlington Public Schools BSEA # 16-11465 (Figueroa, 2016). This is the first published Ruling in Massachusetts regarding the relevance of text messages in special education disputes.
Bookmark http://www.specialedlaw.com/ and search Board of Special Education Appeals ("BSEA") decisions and rulings, DESE guidance, laws, and regulations in Massachusetts. You can also sign up to be notified when new decisions are release.
Case Name: In re: Rick (BSEA #11-6535) Foxborough Public Schools
Decision Date: September 2, 2011
Hearing Officer: Raymond Oliver
Representation: Thomas Nuttall, School Attorney
Parents, Pro Se
Issue Presented:
Does school's proposed IEP provide a free appropriate public education (FAPE) in the least restrictive environment (LRE)?
Wong & Boscarine LLC
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Cambridge, MA 02138
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Topsfield, MA 01983
