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Governor Patrick signed an extensive anti-bullying law yesterday, prohibiting physical, emotional, and online taunting and mandating training for faculty and students. It also requires school staff to notify parents about incidents and harassment under the umbrella of bullying behavior.
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.
'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
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.
The Article:
Sensory processing disorder is real to thousands of kids - The Boston Globe
My thoughts:
I am interested to know what kind of services, if any, Ana receives from her public school. The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent seems like it should apply in this case. I am a special education lawyer and help children like Ana and her parents advocate for their legal right to free and appropriate education. While a DSM addition would certainly help children like Ana receive appropriate accommodations, it is not legally necessary.
Beginning this Monday, January 11th at 7:35am, Boston's public radio station WGBH will begin a 10-part series on called Educating Everyone: The Struggles and Costs of Special Education in Massachusetts.
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.
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
