The BSEA statistics for Fiscal Year 2019 and the overview given of the year by BSEA Director Reece Erlichman provide interesting insights into not only the invaluable work of the BSEA, but also into some trends in the subject matter of special education disputes in the Commonwealth. Continue reading
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.
The First Circuit has recently clarified the exhaustion requirements for school-related Section 504 and Section 1983 claims in light of Fry v. Napoleon Cmty. Schs., 137 S. Ct. 743 (2017). In Doucette v. Georgetown Public Schools, #18-1160 (1st Cir. Aug. 26, 2019), a divided panel reversed a District Court decision that dismissed parents’ Section 504 and Section 1983 claims for failure to exhaust IDEA’s administrative process. Continue reading
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
The 4th Quarter 2018 BSEA Commentaries are now available on our website. The districts “ran the table” in the 5 placement decisions this quarter, each time establishing that the program the district proposed provided FAPE. Families and their attorneys and advocates can take solace in the fact that the hearing officers found the programs appropriate in each case only after it was demonstrated that the student was making significant, specific and demonstrable progress in the district’s placement and that the district incorporated recommendations from private evaluators. Continue reading