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
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
Suppose a child exhibits troubling behaviors and/or difficulties learning basic skills in kindergarten or another early grade. Suppose further that, despite the child’s problematic performance, no teacher or other public school employee recommends that the child be evaluated. Perhaps that child passes through first and part of second grade with similar problems until finally a referral is made, an evaluation completed, and an IEP developed. Problem solved? Not entirely. The question remains whether the district should have taken these steps much earlier and whether any remedy is available to make up for the lost time and services.
The District of Columbia Circuit recently held that, although a school district’s provision of an IEP may satisfy the district’s obligations now and for the immediate future, parents may still be entitled to compensatory education for the months or years when their child was not yet on an IEP or identified as eligible for special education. Boose v. District of Columbia, 786 F.3d 1054 (D.C. Cir. 2015). Continue reading
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