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
Recently, Attorneys from the Special Education and Disability Rights practice group and the Estate Planning and Estate and Trust Administration practice group at Kotin, Crabtree & Strong, LLP, attended the annual conference for the Federation for Children with Special Needs. During the conference, one parent approached us and asked whether her son, who is eighteen years old and has significant disabilities, really needed to register for the Selective Service. It was an intriguing question, one that we had not heard before, and so we looked into it. Continue reading
You won’t want to miss our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2018, written by KCS attorneys Eileen Hagerty and Alicia Warren for the Massachusetts Special Education Reporter. The commentary is available on our website. It offers summaries of recent cases, discussion of trends, and practical pointers for parents and practitioners. Continue reading
September 2019 will be the 45th anniversary of the effective date of the special education reform act known as “Chapter 766.” (Although Chapter 766 was adopted in 1972, its full implementation was delayed for two years to allow educators and agencies time to prepare.)
Five years ago we checked in with readers to invite their comments on whether the stated purposes of Chapter 766 were being met. Comments from some of the advocates and political leaders who were behind the legislation in 1972 were eloquent, insightful and heartfelt. They included, for example, the following from Martha Ziegler, a great civil rights leader whose work in 1972 organizing the widely disparate interest groups of the world of disability advocacy into a cohesive lobbying force was a key factor in the success of the movement, as was her later work founding and presiding over the Federation for Children With Special Needs. Continue reading
The Bureau of Special Education Appeals’ (“BSEA”) statistics for Fiscal Year 2018 and the overview given of the year by BSEA Director Reece Erlichman provide interesting insights not only into the invaluable work of the BSEA, but also into some trends regarding special education disputes in the Commonwealth.
We have represented numerous children and adults with disabilities who have been abused by caregivers in their residential schools and group homes. On occasion, the perpetrators of that abuse have been found to have previous allegations of abuse substantiated by the Disabled Person Protection Commission (DPPC). While there has been an accessible registry of individuals with criminal charges maintained by the Commonwealth’s Department of Criminal Justice Information Services, known as CORI, there has been no corresponding registry for DPPC findings. Continue reading