The Massachusetts Disability Law Center recently published an online manual on special education transition services. You can access the entire document here.
DLC Releases Transition Manual
Case Summary #11-6535
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)?
New Guidance on PE and Athletics for Children with Disabilities
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.
BSEA Releases 2011 Statistics
The Massachusetts Bureau of Special Education Appeals has released its statistics for its fiscal 2011 year. From July 1, 2010 until June 31, 2011 the BSEA received 8,348 rejected IEPs, an increase of 473 over the past year.
The statistics reveal that the majority of rejected IEPs resulted in a resolution long before a hearing decision was issued, and if the dispute reached the hearing stage the school district was likely to prevail. 809 cases voluntarily participated in mediation and 86% ended in a legally binding agreement. 544 parties requested hearings, but the vast majority of disputes were resolved before a decision was issued. Only 35 hearing decisions were issued and the school district prevailed outright in 63% of the time, the parents prevailed in 20% of the decisions, and 17% of the time mixed relief was granted.
School districts were represented by counsel 100% of the time. Of the 22 cases where the school districts fully prevailed, parents were represented by an attorney in 9 cases (40% of the time). Of the 7 cases where parents fully prevailed, parents were represented by counsel in 5 cases (71% of the time). These statistics highlight the importance working with a special education lawyer when pursuing a due process claim.
Read the entire report here.
If you are considering filing a due process request with the Massachusetts Board of Special Education Appeals, contact the North Shore special education Law Office of Lillian E. Wong today.
Procedures Lite - Parents Beware!
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.
Boston Named One Of The Ten Best Places To Live If You Have Autism
A recent survey by Autism Speaks named Boston one of the best places to live if you have Autism. The survey included questions about educational services, employer support, access to recreational activities, medical care, and respite care, and proximity of services and resources
Q&A: Can the School Require Me to Chaperone My Child on Field Trips?
Attorney Wong Receives Award For Distinguished Achievement
On September 24, 2011, Attorney Wong was honored to accept an award from her alma mater, Berwick Academy, an independent day school in South Berwick, Maine.
Attorney Gregory Michael's presentation the Young Alumni Award for Distinguished Achievement highlighted Ms. Wong's work as a special education attorney and advocate in Massachusetts.
Attorney Wong to Lecture on Independent Evaluations
Attorney Wong is pleased to announced that she will be presenting "Independent Educational Evaluations in Massachusetts" at the April 9, 2012 meeting of the North Andover Parent Advisory Council (NAPAC).
The presentation will teach parents:
How to chose an independent evaluator
How to access public funding for independent evaluations
How to get the school to implement the evaluator's recommendations
If you have questions about your child's right to an independent educational evaluation in Massachusetts, contact the Boston area Law Office of Lillian E. Wong today.
New Early Intervention Regulations Released
On September 6, the U.S. Department of Education released new regulations that govern the rights of infants and toddlers (birth through two years) with disabilities (Part C of the Individuals with Disabilities Education Act).
The regulations are over 900 pages long and will take effect soon.
What are some of the important changes?
Referral Timeline: Referral for early intervention must be made as soon as possible, and no more than seven days after the child has been identified.
Evaluation Timeline: Initial evaluations and first IFSP meeting must occur within 45-days of a referral to early intervention.
Transition Plan: IFSP must include a transition plan at least 90 days before the transition from early intervention but no more than 9 months before. The IFSP must ensure a "smooth transition."
If you have questions about your child's early intervention rights, contact the Boston area Law Office of Lillian E. Wong today.