We are posting a link here to an article written by Bob Crabtree, of counsel with KC&S, regarding some of the critical issues surrounding special education and disability rights that candidates running for legislative and executive offices should address. Though IDEA is a federal law, states can establish increased requirements for special education and these are therefore issues to discuss with candidates for state office as well. The issues discussed in the article include: inadequate special education funding; the weakening of required standards governing IEPs; judicial decisions about recovery of attorneys’ fees and related costs; and the burden of proof in special education proceedings.
Neither federal law nor Massachusetts state law address the question of whether parents and/or legal guardians may be able to record IEP meetings. However, the Office of School Education Programs (“OSEP”) (which is part of the U.S. Department of Education) has issued some guidance on this issue. Continue reading
Pursuant to both state and federal law, students with special needs are entitled to a free appropriate public education (“FAPE”). If parents are dissatisfied with the appropriateness of the school district’s programming, parents have the right to place a student in a private school program at their own expense and seek reimbursement from the district. This is called making a “unilateral placement.” Whether or not a lawsuit seeking reimbursement will ultimately be successful depends on a number of complex factors that are beyond the scope of this post, but it is important to provide adequate notice to the school district of a student’s new placement. Continue reading
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
In a posting in July 2017, we celebrated a BSEA ruling that we hoped signaled the BSEA’s recognition of the importance of non-lawyer parent consultants as a resource to help parents – especially those without the means to engage attorneys – understand and make informed decisions in their advocacy for their children. As we said in that post:
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