To a Leader in the Field and My Friend: My Thanks …

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

Breakfast and Lunch at Private Special Education Schools

In a recent memorandum to school superintendents, special education administrators, and approved private special education schools, the Massachusetts Department of Elementary and Secondary Education (“DESE”) clarified the requirements surrounding breakfast and lunch for students who attend private special education schools at public expense. The DESE stated, Continue reading

Take a Look for Yourself

The Wisdom of, and Right to, Observe Your Child’s Current or Proposed Special Education Program

We have all had experiences in our lives where things look different on paper than they do in reality or purported eyewitness accounts of some event turn out to be less than accurate or complete.  As many of us well know, the same can be true of IEPs and progress reports in their description of a student’s special education program.  In 2009, Massachusetts enacted a law to strengthen the right of parents and their evaluators to observe any current or proposed program for their child.  Massachusetts law (M.G.L. ch. 71B, §3; 603 CMR 28.07(1)(a)(3) accords parents, and by extension, their evaluators or consultants, a reasonable opportunity to observe their child’s program or proposed program. The rationale for the law, as delineated in the first sentence of the statute is: “To insure that parents can participate fully and effectively with school personnel in the consideration and development of appropriate educational programs for their child…”  Continue reading