Massachusetts law requires public schools to provide home or hospital tutoring under certain conditions.
Attorney Wong & Andover Family Prevail at BSEA
On July 9, 2018, the Bureau of Special Education Appeals ("BSEA") ruled that the Andover Public Schools ("Andover") had violated the Individuals with Disabilities Education Act ("IDEA") by failing to offer a nine-year-old boy with dyslexia an Individualized Education Plan ("IEP") that provided a Free Appropriate Public Education ("FAPE"). The BSEA ordered Andover to reimburse the family for their costs of unilaterally placing their son at the Landmark School and found that the student continued to require intensive, specialized instruction in a fully-subseparate language-based program.
"Uniting Our Approach to Due Process" SPAN Forum
On June 7, 2018, the Special Needs Advocacy Network, Inc. ("SPAN") hosted its 10th Annual Same Side of the Table forum. BSEA Director, Reece Erlichman, moderated a panel of two hearing officers (Rosa Figueroa and Catherine Putney-Yaceshyn), Parent Attorney Lillian Wong, School Attorney Paige Tobin and several advocates and SPED Administrators.
Due Process SPAN Forum
On June 7, 2018, the Special Needs Advocacy Network, Inc. ("SPAN") hosted its 10th Annual Same Side of the Table forum. BSEA Director, Reece Erlichman, moderated a panel of two hearing officers (Rosa Figueroa and Catherine Putney-Yaceshyn), Parent Attorney Lillian Wong, School Attorney Paige Tobin and several advocates and SPED Administrators.
New Technical Assistance Advisory on AAC
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.
Expedited Hearings
Federal law provides for expedited hearings in certain situations. In Massachusetts, The Bureau of Special Education Appeals determines whether expedited status should be granted to all or some of the issues. If there are any remaining issues, those will be processed on a non-expedited track. Whenever possible, both cases will be heard by the same Hearing Officer
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.
School Receives a Rejected IEP - Now What?
Education Law and ADD/ADHD Medication
Can Teachers Require Me to Put My Child on ADD/ADHD Medication?
No. Teachers and school administration cannot require you to put your child on prescription medication. 34 CFR 300.174 (a). Medication can never be a condition of attending school. Medication can never be a condition of receiving special education evaluations, services or accommodations.
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.