House 518 Would Require Transportation and Increased Funding for Recovery High Schools – a Proven Resource in a Troubled Time

Readers may recall a number of posts we have entered over the past few years regarding Recovery High Schools. Massachusetts currently has five such high schools – in Boston, Brockton, Beverly, Worcester and Springfield – and they have each proven to be an excellent support for high school age students who are struggling to disengage from drug and/or alcohol dependence/abuse. A Recovery High School’s ability to provide a solid high school education along with appropriate services and supports to such students, in the company of peers who are struggling with the same issues, is critical to the success of this resource. The alternative – returning to the student’s home high school – is all too often disastrous, as a student’s fragile beginning toward recovery can so easily be crushed by a school district’s lack of supports while a user subculture of peers eagerly draws the student back into its mix. Continue reading

A New First Circuit Case: C.D. v. Natick Public School District

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

45 Years Old – Are the Purposes of Chapter 766 Being Achieved?

September 2019 will be the 45th anniversary of the effective date of the special education reform act known as “Chapter 766.” (Although Chapter 766 was adopted in 1972, its full implementation was delayed for two years to allow educators and agencies time to prepare.)

Five years ago we checked in with readers to invite their comments on whether the stated purposes of Chapter 766 were being met.  Comments from some of the advocates and political leaders who were behind the legislation in 1972 were eloquent, insightful and heartfelt. They included, for example, the following from Martha Ziegler, a great civil rights leader whose work in 1972 organizing the widely disparate interest groups of the world of disability advocacy into a cohesive lobbying force was a key factor in the success of the movement, as was her later work founding and presiding over the Federation for Children With Special Needs. Continue reading

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

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

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