At Wong & Boscarine LLC, we consistently monitor, review, and analyze Bureau of Special Education Appeals (“BSEA”) decisions in an effort to provide our clients informed and strategic legal advice. While the vast majority (above 90%) of BSEA disputes resolve without the need for a hearing, the remaining cases require a written determination by an impartial hearing officer.
In 2019, the BSEA published sixteen decisions involving disputes between districts and parents. Parents fully prevailed in three out of the nine placement disputes. Parents who prevailed at hearing were all represented by counsel (Attorney Jeff Sankey, Attorney Sean Goguen, and Attorney Lillian Wong). Of the remaining seven decisions regarding IEP services and residency, Parents fully prevailed in one. Please feel free to download and share this chart of 2019 BSEA decisions. You can also read more about each case below:
Placement Disputes
Student v. Maynard Public Schools, BSEA #1900813 (Putney-Yaceshyn): Parents denied reimbursement for placement at the Carroll School.
In re: Randall v. Northborough-Southborough Regional School District, BSEA #1907008 (Byrne): IEP and in-district therapeutic placement proposed by district provide FAPE. Parents denied placement in a general education school.
In re: Percy and Framingham Public School, BSEA #1905348 (Reichbach): Parents denied reimbursement for placement at the Willow Hill School.
In re: Pablo, BSEA #1904924 (Byrne): Parents awarded day placement of Student at the Riverview School.
In re: Student v. Newton Public Schools , BSEA #1905577 (Putney-Yaceshyn): Parents denied reimbursement for placement of Student at Franklin Academy.
In re: Student v. Pentucket Regional School District, BSEA #1904490 (Oliver): Placement of Student at the Landmark School.
In re: Estella, BSEA #1712065 (Byrne): District must reimburse parents for one year tuition at the Learning Prep School; District offered FAPE in district during the three other years in question.
In re: Student v. Nashoba Regional School District; BSEA #1909691 (Putney-Yaceshyn): Parents reimbursed for placement of Student at the Learning Prep School.
In re: Student v. Bourne Public Schools, BSEA #2000039 (Figueroa): District provided FAPE; Parents not entitled to reimbursement for placement at the Riverview School.
IEP Services Disputes
Student v. Quabbin Regional School District, BSEA #1902509 (Putney-Yaceshyn): Parents denied compensatory services. District IEP provided FAPE and did not require modification.
In Re: Student v. Nashoba Regional School District & LABBB Collaborative, BSEA #1810420 (Berman): IEP met Student’s transition needs. Hearing Officer orders transition assessment.
In re: Quentin, BSEA #1907460 (Reichbach): District committed procedural errors but did not deny Student a FAPE.
In re: Soleil v. Ipswich Public Schools, BSEA #1906526 (Byrne): District did not deny FAPE by failing to offer Student transportation for afterschool athletics.
In re: Mark v. Whitman-Hanson Regional School District, BSEA #1908079 (Reichbach): District proposed and Parents accepted placement of Student at the Victor School, leaving no “live” issue before the Hearing Officer.
In re: Lowen v. Shrewsbury Public Schools, BSEA #1910123 (Reichbach): There is insufficient information to determine whether services provide FAPE. Orders an evaluation. Finds both that District failed to implement some aspects of the IEP and Parents failed to prove procedural errors.
Residency Dispute
In re: Student v. Newton Public Schools, BSEA #1907771 (Putney-Yaceshyn): Student is not a resident of the District and therefore District has no obligation to provide Student a FAPE.
If you have a special education dispute with your child’s school district, please contact the attorneys at Wong & Boscarine today.