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We are pleased to announce that both Attorney Allison Boscarine and Attorney Lillian Wong have been selected to the Super Lawyer New England Rising Star list for their work in School and Education Law. Allison Boscarine and Lillian Wong are special education lawyers who represent and advocate for children's educational rights throughout Massachusetts. Their offices are in Cambridge, Massachusetts and north of Boston in Topsfield.
Whether or not the Parents are entitled to reimbursement is a complicated legal question. The notice to the District must meet certain procedural requirements. I would NEVER recommend a unilateral placement without working with a special education attorney or a seasoned special education advocate. If Parents' notice is not sufficient, they are not entitled to reimbursement.
It’s been a busy summer! There’s been so much news, guidance and emails about what this fall will look like for our students. It’s been difficult to sift through everything and find the key take-away. Here’s what parents, guardians and advocates for students with disabilities in Massachusetts need to know:
After months of promising guidance on compensatory services, DESE issued its Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1: COVID Compensatory Services and Recovery Support for Students with IEPs on Monday, August 17th. Here’s what you need to know:
On Monday August 31st Lillian Wong, Esq. will be a featured speaker at the MCLE 60-Minute Lawyer, “Back to School Legal Landmines in a COVID-19 World,” representing the parent and student legal perspective. Catherine Lyons , Esq. of Lyons & Rogers LLC in Rockland and Michael Long of Long & DiPietro LLP in Hingham will represent the school district perspective.
Back-to-school season is upon us, but this year is unlike any other. Due to concerns about health, safety, and the effectiveness of remote, hybrid, and socially distanced learning, many more parents are considering homeschooling. Before you make that decision, here are five things you should know about homeschool and special education law in Massachusetts:
In Part 1 of this series, we explained that under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential" One way to measure a student’s potential is through cognitive or intellectual testing.
Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"
Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:
Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant). Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
Are you confused about special education rights during this extended school closures? You are in good company! The state and federal government have published guidance only to retract or replace it a few weeks later. Districts’ interpretation of their responsibilities varies widely. Most students have been home for several weeks, and we are all wondering, what’s next?
Wong & Boscarine LLC
P: (857) 529-8494
F: (617) 334-7306
info@wongboscarine.com
Cambridge Office
One Mifflin Place, Suite 400
Cambridge, MA 02138
Topsfield Office
15 Morningside Drive
Topsfield, MA 01983
