KCS Third Quarter 2016 BSEA Commentary Now Available!

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

KCS First and Second Quarter 2016 BSEA Commentaries are Posted!

Our Massachusetts Special Education Reporter commentaries on Bureau of Special Education Appeals (“BSEA”) decisions from the first and second quarters of 2016 are now posted on our website.  It’s always instructive (and often sobering) to see how hearing officers read and apply the law.  They work hard to get it right, and while we don’t always agree with their analyses and rulings, we admire their integrity and diligence as they wrestle with the complex issues, standards, and procedures, seeking the appropriate results amidst the adversarial presentations of parents and districts. Continue reading

Check Out the Second Quarter 2015 BSEA Commentary

KCS attorneys comment quarterly on Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the Massachusetts Special Education Reporter.  Eileen Hagerty’s commentary on the second quarter of 2015 is now available on our website. Continue reading

First Quarter 2015 BSEA Commentaries

Each quarter, attorneys from KC&S Special Education & Disability Law practice group write commentary on rulings and decisions from the Bureau of Special Education Appeals (“BSEA”).  The commentaries are published in the Massachusetts Special Education Reporter (“MSER”) and on our website.  Bob Crabtree’s commentary on decisions and rulings from the first quarter of 2015 is up on the KC&S website.   Continue reading

Work Product Protection: Fishing For Parent Consultants’ Files at the BSEA Should Be Off Limits

Some school districts have increasingly been seeking production of parent consultants’ (non-lawyer advocates’) files in the discovery process at the BSEA. We believe that most documents generated by parent consultants should be shielded from disclosure as irrelevant and/or as subject to the doctrine of “work product.” We are posting here an excerpt from a comment that we recently published in the Massachusetts Special Education Reporter (“MSER”) in which we took the occasion to highlight the need to protect consultants’ work product. Parents’ access to consultants who can help them navigate the complexities of special education process is essential, we think, to the integrity and effectiveness of the system; that access should not be chilled by concerns over the possibility of school districts and their attorneys picking through their consultants’ files if litigation ensues. (Our full commentary on BSEA decisions and rulings in the first quarter of 2015 is published at 21 MSER C-1 and may be read on our firm’s website. Continue reading

Recovery High Schools: Bill to provide transportation is now up for Hearing

As we have mentioned in prior posts on this subject (here and here), Representatives Tom Sannicandro (Ashland), Liz Malia (Jamaica Plain), Senator Sonia Chang-Diaz (Second Suffolk District), and many other interested legislators have filed a bill – H-1815 – to provide transportation to and from one of the Recovery High Schools in Massachusetts for students who are recovering from alcohol or drug dependence or addiction. Continue reading

Fourth Quarter 2014 BSEA Commentaries

Each quarter, attorneys from KC&S Special Education & Disability Law practice group provide commentary on rulings and decisions from the Bureau of Special Education Appeals (“BSEA”).  The commentaries are published in the Massachusetts Special Education Reporter (“MSER”) and on our website.  Eileen Hagerty and Melanie Jarboe’s commentary on decisions and rulings from the fourth quarter of 2014 is up on the KC&S website. Please take a look!