Massachusetts Law

Finding the Right School for Your Child

Finding the Right School for Your Child

Finding the right school for your child can be difficult.  One good place to start is the Massachusetts Department of Elementary and Secondary Education website, where you can search by organization type (public school, private school, approved special education school, approved special education program, etc.).  You can further refine this search based on geography and you child's age, gender, or disability.  Another option is to consult an educational placement expert.  You can search for one here.

Settlement Agreements are Public Records

Settlement Agreements are Public Records

The Supreme Judicial Court of Massachusetts, in Champa v. Weston Public Schools (SJC 11838) (October 23, 2015) recently decided that private settlement agreements between public school districts and parents, once redacted of personally identifiable information, are public records subject to disclosure. Previously, many school districts believed that disclosure of settlement agreements violated the Federal Educational Rights Privacy Act (FERPA) and its Massachusetts equivalent.

5 Reasons You Shouldn't Hire a Special Education Attorney

5 Reasons You Shouldn't Hire a Special Education Attorney

A lot of my potential clients really don't need a special education attorney and I'm not reluctant to tell them. Does that make me a bad business person? I don't think so. Clients who aren't ready for legal representation are more likely to be unhappy with the experience.

So, what are indicators you aren't ready to hire an education attorney?

Oregon School District Faces Retaliation Claim from Former Special Educator

Oregon School District Faces Retaliation Claim from Former Special Educator

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.

Teacher "Bullying" Student

Teacher "Bullying" Student

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.