Attorney Lillian Wong is pleased to announce that she has accepted seat on the advisory board of Autism Asperger's Digest.
Attorney Wong Accepts Seat on Advisory Board of Autism Asperger's Digest
MA DESE: New Guidance on Diplomas and IEP Transition Services
Today, the Massachusetts Department of Elementary and Secondary Education ("DESE") issued an administrative advisory on graduation requirements for students with IEPs. You can read the entire document here.
The advisory specifically addresses whether and when a student may refuse a diploma in order to continue to receive transition and other special education services.
DESE concludes that a student cannot "refuse" a diploma, outright. At the same time, a student (or parent) can reject the graduation date on the IEP (based on FAPE) and invoke stay-put (thereby continuing to receive the services). The result of this procedure is similar to the outright refusal of the diploma, but the process allows for a more individualized approach and builds in dispute resolution mechanisms such as mediation or a due process hearing.
If you have a question about transition services, graduation requirements, and FAPE, contact the Boston area law office of Wong & Boscarine LLC.
MCLE School Law Conference
On Friday, March 9th Attorney Lillian Wong will serve on the faculty of the MCLE School Law Conference in Boston, Massachusetts. MCLE’s 18th Annual School Law Conference 2018 examines the latest changes in school-related laws, regulations, and policies. Experienced attorneys and other school-related professionals distill the most significant updates of the preceding year into a single day of cutting-edge information and lively discussion.
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Free Course for Parents of Children with Emotional and Behavioral Challenges
Is There a Right to Record the School Day of Nonverbal Child?
It is common for parents to worry when a child returns home from school upset. Parents of children with disabilities, especially nonverbal children or children who have difficulty communicating, experience an extreme form of this worry. Not only are these children unable to tell their parents about their day and why they are upset, they are also more vulnerable to bullying and harassment.
Today, the U.S. First Court of Appeals will hear a case (Pollack v. Regional School Unit 75) that started when a nonverbal boy from Maine came home from school uncharacteristically upset. His parents proposed a solution - they asked their son's school to allow him to wear a recording device throughout the day. When the school said no, citing in part the privacy rights of the other students, the family sued. To date, two hearing officers, one lower court judge and a jury have denied the parents' request. You can read press coverage of the case here.
The First Circuit Court’s decision in this case could have important implications for school students throughout the First Circuit, including Massachusetts.
2017 Year in Review
2017 was an eventful year in the world of special education. At the national level, the U.S. Supreme Court decided Endrew F., its first special education case in over thirty years. The unanimous Court held that FAPE requires a school to offer an IEP that is “reasonably calculated to enable a child to make progress appropriate in light of the child's circumstances." The Court further emphasized that “every child should have a chance to meet challenging objectives.”
Due Process Hearings - What to Expect
Due Process hearings in Massachusetts are conducted by the Bureau of Special Education Appeals (BSEA). The BSEA is located with the Massachusetts Department of Elementary and Secondary Education, but is independent from the Department. Most Massachusetts hearings occur in Malden, although some hearings are held in Springfield and on the Cape. Directions and parking information to the Malden location can be found here.
U.S. DOE Answers Questions about FAPE
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988.
Lillian Wong Named 2017 Super Lawyer Rising Star
We are pleased to announce that for the fifth consecutive year, Attorney Lillian Wong has been selected to the Super Lawyer New England Rising Star list for her work in School and Education Law.