BSEA

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Attorney Wong & Andover Family Prevail at BSEA

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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.

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"Uniting Our Approach to Due Process" SPAN Forum

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"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. 

Expedited Hearings

Expedited Hearings

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

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2017 Year in Review

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2017 Year in Review

2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years.  The unanimous Court held that FAPE requires a school to offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances."   The Court further emphasized that “every child should have a chance to meet challenging objectives.”  

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Attorney Wong Joins Leading Massachusetts Attorneys for Children with Special Needs in Response to Settlement Agreement Investigation

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Attorney Wong Joins Leading Massachusetts Attorneys for Children with Special Needs in Response to Settlement Agreement Investigation

Like any litigation, a special education hearing can become expensive and risky. Therefore, many parents choose to enter settlement agreements, even paying part of the costs of special education programs, rather than go to a full hearing and risk losing. This is reflected in statistics from the Bureau of Special Education Appeals, indicating that over the last 10 years between 95 and 97 percent of all of these disputes are resolved without a full hearing. (See attached) This is not an unusual statistic. In Superior Court in Massachusetts the percentage of all types of litigation disposed without a trial is strikingly similar.

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Attorney Wong Presents on Discovery at the BSEA

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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.

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Attorney Wong to Discuss the Role of Discovery at the BSEA Before the Coalition to Defend Special Education

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Attorney Wong to Discuss the Role of Discovery at the BSEA Before the Coalition to Defend Special Education

On October 27, 2016, Attorney Lillian Wong 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