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
While we don’t usually pass along notices issued by others, we think that the alert below from the Council of Parent Attorneys and Advocates (“COPAA”) deserves your immediate attention and action. We urge our readers to let their concerns be heard, as federal legislators appear to be acting behind closed doors to reduce Medicaid funding drastically in whatever provisions will be proposed to replace the Affordable Care Act. Continue reading
Note: The following is a transcript of Bob Crabtree’s remarks, delivered on Saturday, March 4, to attendees of COPAA’s annual special education advocacy conference upon his receipt of the Diane Lipton Award for Outstanding Advocacy. His presentation was delivered over the internet as he was unable to attend in person.
Thank you so much, Dana (Johnson), and good afternoon to my friends and fellow warriors –
I am so pleased to have this award from COPAA. I have loved watching this very special organization grow into a robust resource for families whose children struggle in school, and their advocates and attorneys. COPAA stands tall, manifesting the great power that can be exercised through organizing people with widely varying interests around a common mission at a national level. COPAA educates and trains in special education law, fights to sustain and advance those rights, and speaks truth to power both directly at all levels of government, and indirectly through COPAA’s many trainees, as they assist parents in the clinches of Team meetings, negotiations with school districts and due process hearings. Every state should have a comparable local organization – as Massachusetts does in its Federation for Children with Special Needs, the Mass. Advocates for Children, the Disability Law Center and others – but having COPAA so powerfully active at the national level provides an indispensable resource that greatly enhances the effectiveness of state organizations. Continue reading
Our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2016, written by KCS attorneys Eileen Hagerty and Alicia Parmentier for the Massachusetts Special Education Reporter, is now available on our website. The commentary offers summaries of recent cases, along with useful tips for parents and practitioners. Continue reading
It is with great pride that we share the news that our colleague, Bob Crabtree, will receive the 2017 Diane Lipton Award for Outstanding Advocacy from the Council of Parent Attorneys and Advocates (COPAA), a prominent national organization that protects the legal and civil rights of students with disabilities and their families. Each year, as part of their Annual Conference, COPAA honors the memory of Diane Lipton, a tireless advocate for children with disabilities for over two decades, with this award. Bob’s decades of leadership in legislative work, representation of myriad families in special education matters, training of innumerable special education attorneys and advocates, and his invaluable contribution to the library of special education advocacy make him a well deserving choice for this award. Congratulations Bob!
If I had my way, I would require every parent, expert, advocate and friend – that is to say, every living human – to read Andrew Solomon’s book, Far From the Tree: Parents, Children, and the Search for Identity, published (Scribner) in the fall of 2012. At this holiday season, I write to suggest this as a loving gift to anyone on your list (including yourself!). Continue reading