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It’s been a busy summer! There’s been so much news, guidance and emails about what this fall will look like for our students. It’s been difficult to sift through everything and find the key take-away. Here’s what parents, guardians and advocates for students with disabilities in Massachusetts need to know:
After months of promising guidance on compensatory services, DESE issued its Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1: COVID Compensatory Services and Recovery Support for Students with IEPs on Monday, August 17th. Here’s what you need to know:
On Monday August 31st Lillian Wong, Esq. will be a featured speaker at the MCLE 60-Minute Lawyer, “Back to School Legal Landmines in a COVID-19 World,” representing the parent and student legal perspective. Catherine Lyons , Esq. of Lyons & Rogers LLC in Rockland and Michael Long of Long & DiPietro LLP in Hingham will represent the school district perspective.
Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant). Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
Are you confused about special education rights during this extended school closures? You are in good company! The state and federal government have published guidance only to retract or replace it a few weeks later. Districts’ interpretation of their responsibilities varies widely. Most students have been home for several weeks, and we are all wondering, what’s next?
The special education landscape has changed dramatically in the past few weeks due to COVID-19 related closures. At first, state and federal agencies were asserting that schools need not provide any special education services if they did not provide any educational services at all to any student. This position was flawed and frankly wrong. In response, we joined with civil rights advocates from across the country to ensure students’ rights to a free appropriate public education (FAPE). As part of these efforts, we joined with other leaders and submitted this letter to the Massachusetts Department of Elementary and Secondary Education (DESE). A few days later we spoke directly with the Education Commissioner and explained even in these challenging circumstances the right to a FAPE is remains.
NOTE: THIS GUIDANCE HAS BEEN REPLACED WITH A CLEAR STATEMENT THAT STUDENT’S RIGHT TO FAPE CONTINUES DURING COVID CLOSURES. YOU CAN READ THAT HERE.
Wong & Boscarine LLC
P: (857) 529-8494
F: (617) 334-7306
info@wongboscarine.com
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One Mifflin Place, Suite 400
Cambridge, MA 02138
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Topsfield, MA 01983
