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.”
The U.S. Department of Education also made headlines throughout 2017. At the beginning of the year Betsy DeVos was confirmed as Secretary of Education after a contentious confirmation hearing and a historic tie-breaking vote by the vice president. In October, the Education Department rescinded 72 "outdated, unnecessary or ineffective" special education guidance documents. In December, the Department published a guidance document further explaining Endrew F. and empathizing the importance of "challenging objectives" under IDEA.
In Massachusetts, the Bureau of Special Education Appeals ("BSEA") began implementing the new Endrew F. legal standard. Due to the similarities between Endrew F. and the previous First Circuit Court standard, the change did not have a noticeable effect on the Hearing Officers’ decisions. At the end of the year, Massachusetts lawmakers removed the essential ban on bilingual education that had been in place for fifteen years. Now English Language Learners with and without disabilities can receive instruction in English or their native language. Regulations for this new law are expected in 2018.
In June 2017, Massachusetts’ commissioner of elementary and secondary education, Mitchell Chester, unexpectedly passed away. Chester was the longest-serving chief state school officer in the country. The search for his replacement is ongoing. Also in June 2017, William Crane, Esq. retired from law and special education work. Attorney Crane served as a hearing officer at the BSEA from 1999 to 2014 and then as an attorney at Massachusetts Advocate for Children.
At the firm level, 2017 was the busiest year to date. Many disputes resolved quickly and collaboratively. Other cases were more difficult and complex, involving multiple agencies (DCF, DMH) and dispute resolution mechanisms (OCR, PRS). A few cases went to hearing, but were ultimately resolved before the BSEA issued a decision. Several clients returned to their district after receiving remediation in an out-of-district setting. Other students were able to remain in-district with additional supports and services or a temporary intervention. Some students required placement in private special education schools including at Landmark, Carroll, Learning Prep, Milestones, Riverview, Reed, Brandon, Willow Hill, Gifford, NECC, and Cotting. At the end of 2017, Attorney Wong was named to the Super Lawyer Rising Star in Education Law list for the fifth consecutive year.