Check Out the Second Quarter 2015 BSEA Commentary

KCS attorneys comment quarterly on Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the Massachusetts Special Education Reporter.  Eileen Hagerty’s commentary on the second quarter of 2015 is now available on our website. Continue reading

When Must Massachusetts School Districts Provide Copies of Reports? – An Interpretation and a Call for Revision

We often hear from parents who have asked their school districts to give them copies of evaluation reports as soon as the reports are completed, only to be told that they cannot have those reports until two days before the Team meeting at which the reports will be considered. Many districts will take this position even though the reports in question may have been completed weeks before that meeting. In our opinion, the districts’ position in those cases is flat wrong. Continue reading

Providing an IEP May Not Suffice if a District Fails in Its Child Find Obligation

Suppose a child exhibits troubling behaviors and/or difficulties learning basic skills in kindergarten or another early grade. Suppose further that, despite the child’s problematic performance, no teacher or other public school employee recommends that the child be evaluated. Perhaps that child passes through first and part of second grade with similar problems until finally a referral is made, an evaluation completed, and an IEP developed. Problem solved? Not entirely. The question remains whether the district should have taken these steps much earlier and whether any remedy is available to make up for the lost time and services.

The District of Columbia Circuit recently held that, although a school district’s provision of an IEP may satisfy the district’s obligations now and for the immediate future, parents may still be entitled to compensatory education for the months or years when their child was not yet on an IEP or identified as eligible for special education. Boose v. District of Columbia, 786 F.3d 1054 (D.C. Cir. 2015). Continue reading

First Quarter 2015 BSEA Commentaries

Each quarter, attorneys from KC&S Special Education & Disability Law practice group write commentary on rulings and decisions from the Bureau of Special Education Appeals (“BSEA”).  The commentaries are published in the Massachusetts Special Education Reporter (“MSER”) and on our website.  Bob Crabtree’s commentary on decisions and rulings from the first quarter of 2015 is up on the KC&S website.   Continue reading

Federal Guidance Regarding Speech-Language Services for Students with Autism

The Office of Special Education Programs of the United States Department of Education (“OSEP”) issued a “Dear Colleague Letter” letter on July 6, 2015 regarding speech-language services and evaluations for children with Autism Spectrum Disorder (ASD). Continue reading

Parents are awarded an out of district placement after proving that the district’s program for a child with Autism and Intellectual Disability does not provide FAPE

A Brookline family has just prevailed in a decision issued by the BSEA’s newest hearing officer, Amy Reichbach, finding that the district’s program did not provide a FAPE and ordering Brookline to place the student at the RCS Learning Center in Natick.  In Re: Jacqueline, BSEA #1408578.  Attorney Dan Heffernan of our firm represented the family in this close, complex, and hard-fought case.  The decision highlights many of the types of issues that frequently arise where districts struggle to address the severe and multifaceted needs of children who require intense, systematic, consistent, and comprehensive services and need to be with peers who will provide for mutual learning and progress.  Districts do their best to meet such needs in most cases, but the lack of a sufficient cohort of students with comparable needs and the incompatibility of the normal structure of a regular school setting – generally open and flexible, expecting growing independence from all students – often make it difficult for a severely involved child to make meaningful progress.  Continue reading