AAC: New Guidance from DESE

On April 2, 2018, Russell Johnston, PhD, the Senior Associate Commissions and State Director of Special Education issued a Technical Assistance Advisory called "Addressing the Communication Needs of Students with Disabilities Through Augmentative and Alternative Communication (AAC)" Dr. Johnston begins the advisory by expressing his concern that Massachusetts students with limited oral communication skills have insufficient access to AAC. The purpose of the advisory is to encourage more consistency in AAC services throughout the state and to remind schools districts of best practices and legal responsibilities.

You can read the entire advisory here.

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.

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.