Autism

Q & A: Autism and Eligibly

Question:

Does an autism diagnosis automatically make a child eligible for an IEP?

Answer:

No. An autism diagnosis does not automatically make a student eligible for an IEP. In order to be eligible a student must both have a disability AND require specially designed instruction (i.e. something different than the general education curriculum) in order to make effective progress (progress in the general education curriculum commensurate to the student’s potential). In Massachusetts, effective progress includes academic, social, and emotional progress. Therefore, a student could be receiving good grades and still qualify for an IEP.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

Mass Advocates for Children Youth Fellowship

Massachusetts Advocates for Children invites young adults 18-26 with Autism Spectrum Disorder and/or Intellectual Disability to apply for a state-of-the-art Young Adult Leaders Fellowship that offers an opportunity to learn the professional skills needed to advocate on behalf of other youth with disabilities. The Fellowship is a partnership between Massachusetts Advocates for Children and the Institute for Community Inclusion at UMass Boston. The Young Adult Leaders Fellowship involves a one year part-time advocacy training under the direction of the Autism Center advocate and senior attorney. This is a half-time time fellowship, and a small stipend is provided.

More information and the application is available here.

Disciplining Students with Behavior Issues

Disciplining Students with Behavior Issues

Attorney Wong is pleased to announce that she will be speaking a NBI Continuing Legal Education Seminar called Disciplining Students with Behavior Issues on June 3, 2014 in Boston, Massachusetts. The all-day, live event will provide a comprehensive legal overview of the complex legal issues involved with school discipline of students with disabilities and behavior challenges.

Office of Civil Rights Issues New Guidance on Access to Extracurricular Athletics

Office of Civil Rights Issues New Guidance on Access to Extracurricular Athletics

In June 2010, the United States Government Accountability Office (GAO) published a report that found that students with disabilities were not being afforded an equal opportunity to participate in extracurricular athletics in public elementary and secondary schools. The GAO emphasized that participation in extracurricular athletics provides important health and social benefits to all student, particularly those with disabilities. You can read the entire report here.

Teacher "Bullying" Student

Teacher "Bullying" Student

The Question
Parents and educational advocates often ask me what to do when a teacher is "bullying" a student.

Massachusetts' Bullying Law
Many people are surprised to learn that the Massachusetts Anti-Bullying law does not apply when teachers are "bullying" students. The Massachusetts Anti-Bullying law defines a "bully" as a "student," making it legally impossible for the teacher to be labeled a bully under this statute.

New Guidance on PE and Athletics for Children with Disabilities

New Guidance on PE and Athletics for Children with Disabilities

The U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics.