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Attorney Wong recently prevailed in an important discovery dispute at the Bureau of Special Education Appeals ("BSEA"). While the BSEA does not always publish its Rulings, this Ruling was published and can be read here - In Re: Student v. Arlington Public Schools BSEA # 16-11465 (Figueroa, 2016). This is the first published Ruling in Massachusetts regarding the relevance of text messages in special education disputes.
Bookmark http://www.specialedlaw.com/ and search Board of Special Education Appeals ("BSEA") decisions and rulings, DESE guidance, laws, and regulations in Massachusetts. You can also sign up to be notified when new decisions are release.
Case Name: In re: Rick (BSEA #11-6535) Foxborough Public Schools
Decision Date: September 2, 2011
Hearing Officer: Raymond Oliver
Representation: Thomas Nuttall, School Attorney
Parents, Pro Se
Issue Presented:
Does school's proposed IEP provide a free appropriate public education (FAPE) in the least restrictive environment (LRE)?
The Massachusetts Bureau of Special Education Appeals has released its statistics for 2010. The statistics reveal that most disputes with school districts result in a resolution long before a hearing decision is issued, and if the dispute reaches the hearing stage the school district is likely to prevail.
've spoken to many parents who believe that mediation is mandatory in Massachusetts. This is not the case. Mediation is voluntary. If the school requests mediation, parents can decline. Similarly, parents can invite the school to mediation and the school can refuse to participate. Participation in a due process hearing is mandatory. This is one way mediation differs from a due process hearing.
Federal law provides for expedited hearings in certain situations. In Massachusetts, The Bureau of Special Education Appeals determines whether expedited status should be granted to all or some of the issues. If there are any remaining issues, those will be processed on a non-expedited track. Whenever possible, both cases will be heard by the same Hearing Officer
My son has an autism spectrum disorder. He has problems, and is not in the appropriate special ed class, despite a request to change. He has had CPS called because of issues that are related to his problems, more than once. He has trouble with appropriate urination, which is common in autism, and he has had times where he has been told he stinks even though he has showered and his clothes directly from the dryer. They say it is cat pee, and while we have cats, this isn't the problem. I do everything I can to make sure he doesn't "smell" before he leaves.
The Massachusetts Bureau of Special Education Appeals has released its statistics for 2009. The statistics reveal that most disputes with school districts result in a resolution long before a hearing decision is issued, and if the dispute reaches the hearing stage the school district is likely to prevail.
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