BLOG
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.”
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").
Attorney Wong is pleased to announce that she will be speaking a NBI Continuing Legal Education Seminar called Disciplining Students with Behavior Issues on June 3, 2014 in Boston, Massachusetts. The all-day, live event will provide a comprehensive legal overview of the complex legal issues involved with school discipline of students with disabilities and behavior challenges.
More visitors than ever visited this special education law blog last year. I am so happy to see that parents, advocates, and other professionals are using this (free) information to educate themselves about children's rights. I hope to revisit the Advocate vs. Attorney issue soon, as it has been a popular topic for several years.
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.
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.
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