BSEA

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Q & A: Invoking Stay-Put When Student Found Ineligible

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Question:

My child has received special education services for two years. The the school re-evaluated my child and determined he no longer required an IEP. We asked if we could invoke our stay-put rights, and were told that we could not as stay-put can only be invoked when there is a reduction of service, not when ineligible for the service. Is this correct?

Answer:

No. You can and should invoke stay-put if your child is found ineligible for special education services. In Massachusetts, the services previously offered by the district that you previously accepted should continue until and unless the district files for a hearing and prevails.

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

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What Happens After You Reject An IEP in Massachusetts

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What Happens After You Reject An IEP in Massachusetts

In Massachusetts, parents have thirty days to review and to make a decision about the IEP. Parents can accept the IEP, reject the IEP, or accept the IEP in part and reject in part. If the school district doesn’t receive a response, the IEP is considered rejected. If the student has a previous IEP, that IEP continues to be implemented. The last accepted IEP is called the stay-put IEP.

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Evidence - Creating a Paper Trail

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Evidence - Creating a Paper Trail

Evidence is used to prove what you are saying is true. It is one thing for a parent to claim a child needs a certain service or program, but quite another thing to prove it. In a due process hearing you must have independent evidence to prove your case, but gathering evidence is also vital outside of the adversarial process. Parents who can cite evidence that supports their child's legal rights are likely to reach a more timely and acceptable resolution with the school district.

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Available Resources vs. FAPE

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Available Resources vs. FAPE

The Individuals with Disabilities Education Act (IDEA) requires school districts to meet the needs of students with disabilities without regard to the cost. The law refers to this as a Free Appropriate Public Education or FAPE. The FAPE mandate is at constant odds with the reality of limited school district budgets. Oftentimes, parents are told by their district that the district’s IEP proposal does meet the student’s needs, but the parents suspect the services and placement offered in the IEP are simply a reflection of the programs and services available in the district.

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2019 BSEA Decisions

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2019 BSEA Decisions

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.

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Rejecting an IEP

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Rejecting an IEP

Once the IEP team proposes an IEP, parents have the right to accept or reject the program, in whole or in part. Parents must indicate their response on the IEP, sign the document, and return it within 30 days of receipt. If the document is not returned within 30 days, the school may assume that the IEP has been rejected. Even if you strongly disagree with the proposed IEP or placement, it is always better to continue to communicate with the school and express your concerns in writing.

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Attorney Wong and Nashoba Family Prevail at BSEA

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Attorney Wong and Nashoba Family Prevail at BSEA

On December 6 2019, the Bureau of Special Education Appeals ("BSEA") ruled that the Nashoba Regional School District ("Nashoba") had violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer a twelve-year-old boy with a complex profile an Individualized Education Plan ("IEP") that provided a Free Appropriate Public Education ("FAPE"). The BSEA ordered Nashoba to reimburse the family for their costs of unilaterally placing their son at the Learning Prep School.

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