In a recent decision, C.D. v. Natick Pub. Sch. Dist., No. 18-1794 (1st Cir. May 22, 2019), the First Circuit Court of Appeals grappled with the legal standards at the heart of most special education disputes – namely, the entitlement of a student with special needs to a “free appropriate public education” (FAPE) in the “least restrictive environment” (LRE). The First Circuit’s decision followed the Supreme Court’s decision in Endrew F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988 (2017), which, for the first time since 1982, squarely considered the contours of a FAPE. For an in-depth discussion about Endrew F., please see our previous post here. Continue reading
Recently, Attorneys from the Special Education and Disability Rights practice group and the Estate Planning and Estate and Trust Administration practice group at Kotin, Crabtree & Strong, LLP, attended the annual conference for the Federation for Children with Special Needs. During the conference, one parent approached us and asked whether her son, who is eighteen years old and has significant disabilities, really needed to register for the Selective Service. It was an intriguing question, one that we had not heard before, and so we looked into it. Continue reading
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. Continue reading
Special education law explicitly requires school districts to meet the unique learning needs of students with disabilities to prepare them to succeed as adults in further education, employment and independent living. This is particularly important as students reach transition planning age, beginning at age 14 in MA. Parents and advocates often face challenges when trying to ensure that school districts address students’ individual academic, social, emotional, and behavioral needs. Continue reading
Today Larry Kotin, my law partner for the last 32 years, my colleague for more than 40 years in countless collaborations on behalf of children and adults with physical, cognitive or emotional/behavioral challenges, and above all my friend through many thicks and many thins in both our work and our personal lives, will move from his position as a partner at KC&S to “of counsel” status. Continue reading
In 2011 I wrote a pair of articles for the Newsline of the Federation for Children with Special Needs describing the legal framework and offering some practical guidelines for public school teachers who wish to advocate for children with disabilities within their districts. Teachers in that role must wrestle with several sources of resistance and limitation, including their own natural reluctance to engage in potentially adversarial interactions with colleagues and/or administrators; the possibility of subtle or not-so-subtle disciplinary repercussions; and the inevitable extra time and energy it requires to advocate effectively – becoming familiar and comfortable with the applicable rights and procedures, educating oneself about alternative solutions, learning to work with diplomacy amid one’s peers, and so forth – none of which extra time and energy is likely to be compensated in one’s paycheck. Continue reading
The Bureau of Special Education Appeals, or the BSEA, is part of the Division of Administrative Law Appeals and has original jurisdiction over all disputes regarding special education in Massachusetts (including claims based on Section 504 of the Rehabilitation Act, i.e., those that allege discrimination based on a child’s disability). The BSEA provides five avenues for dispute resolution in case of a disagreement between a parent and a school district.
This is the third in a series of five posts that will discuss the dispute resolution options at the BSEA.
If you cannot resolve your differences with the school district in an informal way, such as through the team process, through direct discussion with special education administrators or between attorneys, or in mediation, you can initiate litigation about the dispute by filing a hearing request with the BSEA. In Massachusetts, the BSEA is the forum where one must first litigate a special education dispute. The hearing process is commenced by filing a hearing request. Continue reading