BLOG
A recent story from Portland, Oregon caught my eye. An occupational therapist is suing her former school district, claiming she was fired for reporting violations of special education law. The occupational therapist claims that her schedule did not permit her to service all children who needed it, as required by law. Instead, the school district allegedly told her to only service the students whose "parents are litigious." You can read the entire article here.
The Question
Parents and educational advocates often ask me what to do when a teacher is "bullying" a student.
Massachusetts' Bullying Law
Many people are surprised to learn that the Massachusetts Anti-Bullying law does not apply when teachers are "bullying" students. The Massachusetts Anti-Bullying law defines a "bully" as a "student," making it legally impossible for the teacher to be labeled a bully under this statute.
Question: My child has complicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true?
Special education law is always changing. That's why the best special education lawyers and advocates never stop learning.
In order to better advocate for her clients, Attorney Wong attends conferences and connects with other special education experts.
On December 16, 2011 the State Director of Special Education, Marcia Mittnacht, issued a Memorandum advising against Procedures Lite for "legal and policy reasons."
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 U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics.
Procedures Lite is contract between schools and parents that waives special education procedural rights. Parents waive the right to convene an IEP meeting, develop an IEP, receive progress notes, and request annual evaluations. Parents also waive the right to enforce these rights and seek compensatory services and damages. What does the school waive? Nothing. Instead the school gains the unilateral right to educate your child without parent input, updated evaluations, and judicial oversight.
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).
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
