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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.
By the time you decide to hire a special education attorney, the stakes are high. You are frustrated with the school and worried about your child. Not only can retaining the wrong lawyer waste your time and money, it can permanently damage your child's education. So how do you choose the right law firm? Start by assessing these nine requirements. If you haven't already, read Part 1 and Part 2 of this three-part series first.
Can a public school require you to release them from any liability in order for your child to attend school? Probably not.
First, courts do not enforce contracts that waive gross negligence, recklessness, or intentional conduct.
Second, while Massachusetts courts have never ruled directly on this issue, they have hinted that it is against public policy to require a wavier of negligence in order for a child to attend public school.
Third, there is some question whether a parent's signature can waive a minor child's right to sue, although the recent trend in the Massachusetts judiciary seems to allow parents to waive a minor's right to sue, at least for extracurricular activities.
The takeaway - read over those beginning of the year forms carefully. If you have any questions, contact the Boston area education law practice of Lillian E. Wong.
The latest National Assessment of IDEA (the Individuals with Disabilities Education Act) reveals that the number of due process hearing requests stayed the same from 2003 until 2008, but the number of requests that actually proceeded to hearing declined sharply, by more than fifty percent.
Why this change? Are parents and schools better able to settle disputes before resorting to a hearing? Or are parents and schools just not able to afford the cost of litigation?
Whatever the reason, it is important for parents to understand that most disputes, nationally and in Massachusetts, do not result in a hearing decision. Learn more about special education dispute resolution options in Massachusetts here.
If you are in a dispute with your child's school district and considering filing a due process request, contact Boston area special education lawyer Lillian E. Wong today.
Having a copy of your child's educational records is an important parental right, especially if you are in a dispute with the school. Educational records are broadly defined and can be thousands of pages. Read more about requesting educational records here.
By the time you decide to hire a special education attorney, the stakes are high. You are frustrated with the school and worried about your child. Not only can retaining the wrong lawyer waste your time and money, it can permanently damage your child's education. So how do you choose the right law firm? Read Part 1 of the answer here.
Wong & Boscarine LLC
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