Vigil for the Abuse Registry (Dana’s Law/Nicky’s Law)

We have represented numerous children and adults with disabilities who have been abused by caregivers in their residential schools and group homes. On occasion, the perpetrators of that abuse have been found to have previous allegations of abuse substantiated by the Disabled Person Protection Commission (DPPC).  While there has been an accessible registry of individuals with criminal charges maintained by the Commonwealth’s Department of Criminal Justice Information Services, known as CORI, there has been no corresponding registry for DPPC findings.  Continue reading

KCS First Quarter 2018 BSEA Commentary Is Now Posted. We Highlight A Strike Against Work Product Protection for Lay Advocates.

In a posting in July 2017, we celebrated a BSEA ruling that we hoped signaled the BSEA’s recognition of the importance of non-lawyer parent consultants as a resource to help parents – especially those without the means to engage attorneys – understand and make informed decisions in their advocacy for their children.  As we said in that post:

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News You Can Use: KCS Third Quarter 2017 BSEA Commentary Now Available!

Don’t miss our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2017, written by KCS attorneys Eileen Hagerty and Alicia Warren for the Massachusetts Special Education Reporter.  The commentary, available on our website, offers summaries of recent cases and discussion of trends, along with useful tips for parents and practitioners. Continue reading

Endrew F. v. Douglas County and its Impact on Special Education Law

The Boston Bar Journal recently published an article by Dan Heffernan regarding the U.S. Supreme Court’s decision in Endrew F. and its impact here in Massachusetts.  Please take a look!

Dan Heffernan is a partner in the Special Education & Disability Rights practice group at Kotin, Crabtree & Strong, LLP in Boston, Massachusetts.

BSEA Applies Work Product Protection to Non-lawyer Advocate Materials and Communications; The Ruling also Stands as a Caution on Therapeutic/Medical Records

In a Ruling in the matter of In Re: Dorian issued on July 20, 2017, BSEA Hearing Officer Amy Reichbach held that the communications and materials of non-lawyer special education advocates are subject to the protections of the work product doctrine.  The hearing officer reasoned that such protection is necessary in order to minimize the potential chilling effect that discovery of such information would have on parents’ and their consultants’ ability to communicate freely when special education litigation is anticipated. The hearing officer’s analysis vindicates arguments that parent attorneys and advocates have advanced for some time now (see, e.g., our posting on the subject in June 2015).  We hope and trust that her reasoning will be adopted by her colleagues at the BSEA. Continue reading