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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.
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988.
For the first time in over thirty years, the nation's highest court has agreed to hear arguments about the level of educational benefit an IEP must provide in order to comply with the Individuals with Disabilities Education Act ("IDEA") and provide a Free and Appropriate Public Education ("FAPE").
The latest National Assessment of IDEA (the Individuals with Disabilities Education Act) reveals that the number of due process hearing requests stayed the same from 2003 until 2008, but the number of requests that actually proceeded to hearing declined sharply, by more than fifty percent.
Why this change? Are parents and schools better able to settle disputes before resorting to a hearing? Or are parents and schools just not able to afford the cost of litigation?
Whatever the reason, it is important for parents to understand that most disputes, nationally and in Massachusetts, do not result in a hearing decision. Learn more about special education dispute resolution options in Massachusetts here.
If you are in a dispute with your child's school district and considering filing a due process request, contact Boston area special education lawyer Lillian E. Wong today.
When it comes to due process hearings, parents are disadvantaged. Schools always hire attorneys to represent them, but most parents cannot afford legal representation. Schools are repeat-players in the due process game, while most parents have never filed for a hearing and don't know what to expect.
Special Education rights begin at birth. From birth until age three, children who qualify for special education services under Part C of the Individuals with Disabilities Education Act (IDEA) receive supports and services through Early Intervention. In Massachusetts, the agency responsible for implementing Early Intervention services is the Massachusetts Department of Health and Human Services.
The Scorecard
The National Center for Learning Disabilities, Inc. recently released Massachusetts' Special Education Scorecard. The Scorecard summarizes the U.S. Department of Education's report on Massachusetts' compliance with the Individuals with Disabilities Education Act (IDEA) and provides statistics about Massachusetts students with specific learning disabilities.
Under IDEA, your child is entitled to:
A "Free Appropriate Public Education" (FAPE) in the "Least Restrictive Environment" (LRE).
An initial eligibility evaluation and thereafter, a yearly reevaluation.
An independent evaluation at public expense if you disagree with the school district's evaluation.
A written individualized education program (IEP).
Question:
My son was constantly getting suspended ... I told the principal I was going to be asking about if this was legal he told me that my son threatened a substitute... I know my son is no angel but they bring it on by segregating these kids that are in a special needs class. They are not allowed with other students in pe. My son also has an IEP and add / adhd /odd.
Wong & Boscarine LLC
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