Stay Up-to-Date: KCS Third Quarter 2018 BSEA Commentary Now Available!

You won’t want to miss our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2018, written by KCS attorneys Eileen Hagerty and Alicia Warren for the Massachusetts Special Education Reporter.  The commentary is available on our website.  It offers summaries of recent cases, discussion of trends, and practical pointers for parents and practitioners.

As usual, the BSEA dealt with a wide range of subjects during the third quarter (and in two earlier decisions, not previously released, that are included in this commentary).  Among the significant topics discussed in the cases and commentary:

  • Bay Path Regional Vocational Technical High School: A school district’s rigid attendance policy, as applied to a student with chronic migraines, discriminated against him on the basis of disability and therefore violated Section 504.
  • Worcester Public Schools and Westborough Public Schools: Emergency terminations by separate day schools are becoming more common in our current climate.  These decisions help to illuminate when and how a public or private day school can invoke an emergency to terminate a student’s enrollment.
  • Taunton Public Schools: This case provides a primer as to what districts ought not to do in disciplining students with disabilities, particularly with regard to manifestation determination review requirements.
  • Silver Lake Regional School District: This decision helps to explain when residential placement will and will not be ordered, distinguishing between educational reasons and those related to the student’s and family’s safety.

The commentaries always provide interesting reading.  We hope you will take a look!

Eileen Hagerty is a partner and Alicia Warren is an associate in the Special Education & Disability Rights practice group at Kotin, Crabtree & Strong, LLP in Boston, Massachusetts.

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