Case Name: Student v. Salem Public Schools (BSEA #10-6335)
Decision Date: May 14, 2010
Hearing Officer: Rose I. Figueroa
Representation: Colby Brunt, School Attorney
Parent, Pro Se
Issues Presented:
(1) Is Student Safe in school?
(2) Is Student's paraprofessional appropriate?
Q&A: Child with ADHD Treated Unfairly by Classroom Teacher
I feel like my child is being treated unfairly by his 2nd grade teacher what more can I do? I have made it clear to the principal and teacher that I'm not happy with the situation. I have asked for a classroom change, sat in class with my son and I am at a point where I just have to tell him to grin and bare it. He is ADHD and has had no efforts by the teacher to facilitate his needs.
Special Education Compliance - How Does Your District Measure Up?
Every six years the Massachusetts Department of Elementary and Secondary Education investigates Districts' compliance with education regulations, including federal and state special education law. Districts receive ""Commendable," "Implemented" (meaning at least substantially implemented), "Partially Implemented," "Not Implemented" (meaning at least substantially not implemented), and "Not Applicable" ratings for each compliance criterion.
Understanding Auditory Processing Disorder
Check out this great New York times article and video about APD and Rosie O'Donnell's personal experience with her son's disorder. It is inspiring to hear that with proper diagnosis and intervention children with this challenge can make such amazing progress.
Hearing Decision - Child Entitled to Return to General Education Setting
Case summary: School district indefinitely suspended Student with a disability, alleging Student had inappropriately touched others, attempting to give them "wedgies." School proposed a substantially separate placement. Attorney Wong, on behalf of Parents, argued for Student's return to the general education setting with a comprehensive behavior plan in place. Hearing Officer agreed with Parents that the general education classroom was the least restrictive environment and ordered that Student be allowed to return to his regular education classroom.
Mediation is not Mandatory!
'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.
Q & A: Special Education Teacher Taunting Student
This question was originally posted on www.avvo.com.
Question:
My son is disabled and we have been having a problem with our school system. He has a special ed teacher that has said statements to him like "you will never get your driver's license because you can't read" "you will never get a job because you are too lazy and don't know how to do anything" there has been many other comments. I'm just wondering if I have a case?
Q & A: Child Find Requirement
My son is 5 yrs old and now in Kindergarten. He was just recently diagnosed w/ selective mutism. He struggles at school socially, I addressed this concern with the head start program last year, they continued to pass it off as shyness. He went the ENTIRE year without speaking to the teacher and/or social worker. The head start program is meant for "early intervention" yet no screening took place. I am concerned for other children who may be experiencing this same problem, tax dollars and/or county money is used for this early intervention program yet they are not properly screening and/or detecting issues that are of concern. Please advise, any help is appreciated.
Q & A: Discipline Record
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
Your Child's Rights Are Only As Good As Their Enforcement
The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent provide children receiving special education numerous rights and protections. These and other statutes, regulations, and decisions constitute special education law. But the law is only effective if it is enforced.