Attorney Wong's Article Featured in Autism Asperger's Digest

Look for Attorney Wong's latest article, True Potential: Your Child's Rights to Testing Accommodations, in the September/October 2011 edition of Autism Asperger's Digest.

Read the entire article here.

If you have a child with an autism spectrum disorder or having any questions about testing accommodations, contact the Boston area Law Office of Lillian E. Wong to schedule an initial consultation.

How to Request Temporary Home or Hospital Tutoring

Massachusetts law requires public schools to provide home or hospital tutoring if all the following conditions are met:

1. The student is enrolled in public school or placed by a public school in a private setting.
2. Student's physician provides a written order that the student
a. must remain at home or in the hospital
b. for medical reasons
c. for at least fourteen school days within the school year

If you believe your child requires home or hospital tutoring:

1. Have you child's physician complete this form.
2. Send the form to your child's principal.
3. Keep a copy of the form for your records.

Schools frequently challenge the legal sufficiency of home / hospital tutoring requests. If you are having trouble securing home or hospital tutoring for your child, contact special education attorney Lillian E. Wong for help.

ADHD Affects 9% of Children, CDC Report Finds

The CDC recently released a report entitled Attention Deficit Hyperactivity Disorder Among Children Aged 5–17 Years in the United States, 1998–2009. The study finds that ADHD currently affects 9% of children in the US, an increase from 7% in 1998.

Does this mean more children with ADHD are on IEPs?
Not necessarily. Just because a child has been diagnosed with ADHD doesn't mean he or she qualifies for special education (and an IEP).

In order to qualify for an IEP, your child must need special education supports and services. Even though ADHD is not specific disabling conditions under the Individuals with Disabilities Education Act (IDEA), a child with ADHD can be found eligible for special education under “Other Health Impairment” category. The Federal Regulations specifically include ADD and ADHD in their definition of Other Heath Impairment. Alternatively, a child with ADHD might be found eligible for special education under the “emotional disturbance” (ED) or “specific learning disability” (SLD) classifications.

What if a child is found ineligible for an IEP?
If a child who has ADD/ADHD is found ineligible under the IDEA, she might still be eligible for support under Section 504 of the ADA. In order to establish 504 eligibility, you must show that ADHD interferes with a "major life activity." Section 504 eligibility is often established by showing ADHD interferes with the major life activity of learning.

Learn more about the difference between an IEP and 504 plan here.

If you believe your child needs an IEP or a 504 plan and your school district disagrees, contact Boston area special education attorney Lillian E. Wong for help.

Can The School Require Me To Waive Liability?

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.

Due Process Hearings - National Trend

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.