The Reality
Most special education disputes are not resolved in a hearing or court decision. Instead, the majority of special education disputes are resolved informally at IEP meetings or through settlement agreements. This outcome avoids the time, cost, and stress of litigation, and is usually the best solution for parents and school systems.
The Result
Unfortunately, this reality does not provide a public record of the dispute and its outcome. Attorney-Client privilege, settlement agreement confidentiality clauses, and the Federal Educational Privacy Rights Act (FERPA) all prevent parties from discussing the specifics of most special education disputes and their ultimate resolution. Our practice is no different than the national trend. The majority of our cases are resolved before a hearing request is filed, and of those cases that do require a hearing request, most are settled.
Celebrating the "Quiet Victories"
During the past couple of months in addition to my due process cases, I have witnessed many "Quiet Victories." A middle-school boy who hated school is now thriving in a more therapeutic and appropriate placement. A preschool child is now receiving the full-day program he needs. A young girl is undergoing a much needed extended 45-day evaluation. Because the ultimate goal of this Wong & Boscarine, LLC is to help children obtain a Free Appropriate Public Education, these quiet victories are victories all the same.
If you are looking for a special education advocate in Massachusetts, contact Boston area lawyers at Wong & Boscarine, LLC today.