Due Process

, , ,

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

, , ,

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.

, ,

Evidence - Creating a Paper Trail

, ,
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.

,

2019 BSEA Decisions

,
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.

, ,

Attorney Wong and Nashoba Family Prevail at BSEA

, ,
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.

,

Quiet Victories

,
Quiet Victories

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. Because the ultimate goal of this Wong & Boscarine is to help children obtain a Free Appropriate Public Education, these quiet victories are victories all the same

, , ,

Attorney Wong & Andover Family Prevail at BSEA

, , ,
Attorney Wong & Andover Family Prevail at BSEA

On July 9, 2018, the Bureau of Special Education Appeals ("BSEA") ruled that the Andover Public Schools ("Andover") had violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer a nine-year-old boy with dyslexia an Individualized Education Plan ("IEP") that provided a Free Appropriate Public Education ("FAPE"). The BSEA ordered Andover to reimburse the family for their costs of unilaterally placing their son at the Landmark School and found that the student continued to require intensive, specialized instruction in a fully-subseparate language-based program.

,

"Uniting Our Approach to Due Process" SPAN Forum

,
"Uniting Our Approach to Due Process" SPAN Forum

On June 7, 2018, the Special Needs Advocacy Network, Inc. ("SPAN") hosted its 10th Annual Same Side of the Table forum. BSEA Director, Reece Erlichman, moderated a panel of two hearing officers (Rosa Figueroa and Catherine Putney-Yaceshyn), Parent Attorney Lillian Wong, School Attorney Paige Tobin and several advocates and SPED Administrators. 

Due Process Hearings - What to Expect

Due Process Hearings - What to Expect

Due Process hearings in Massachusetts are conducted by the Bureau of Special Education Appeals (BSEA). The BSEA is located with the Massachusetts Department of Elementary and Secondary Education, but is independent from the Department. Most Massachusetts hearings occur in Malden, although some hearings are held in Springfield and on the Cape. Directions and parking information to the Malden location can be found here.

, ,

Attorney Wong Presents on Discovery at the BSEA

, ,
Attorney Wong Presents on Discovery at the BSEA

On October 27, 2016, Attorney Lillian Wong, the principal at The Law Office of Lillian E. Wong, LLC in Topsfield, and Attorney Eileen Haggerty, a partner at Kotin, Crabtree and Strong, LLP in Boston, will present to the Massachusetts Coalition to Defend Special Education. The Coalition is a major initiative of the Massachusetts Advocates for Children (“MAC”) and is comprised of over 400 parents of children with disabilities, advocates, and special education attorneys in the public and private sector.

Wong & Boscarine LLC

P: (857) 529-8494
F: (617) 334-7306
info@wongboscarine.com

 

Cambridge Office
One Mifflin Place, Suite 400
Cambridge, MA 02138

Topsfield Office
15 Morningside Drive
Topsfield, MA 01983