COVID-19 Compensatory Services: What Are They and Will Your Child Receive Them?

Compensatory education is a well-established remedy for deprivations of special education services, recognized in Massachusetts at least since Pihl v. Massachusetts Dep’t of Educ., 9 F.3d 184 (1st Cir. 1993).  The purpose behind compensatory relief is to make the student whole by to providing services that place the student in the position that he or she would have occupied if the services been delivered in a timely manner.  The remedy is an equitable one that has been characterized as broad and flexible.  In some cases, school districts (or, when disputes occur, courts, administrative hearing officers, and state complaint agencies) have used a “one-for-one” approach, calculating the hours or days of services that the student missed and ensuring that the student receives compensatory services of the same type and in the same amount.  At other times, compensatory services may differ in type or amount from those the student missed, with the goal of redressing the deprivation by meeting the student’s current needs. Continue reading

BSEA Issues New Standing Orders Addressing COVID-19-Related Issues

The Bureau of Special Education Appeals (“BSEA”), the state’s administrative body that handles special education cases, has recently issued Standing Orders to address the challenges presented by COVID-19. In order to comply with federal and state mandates requiring that special education timelines be maintained during this global pandemic, the BSEA has ordered that it will continue to hold resolution proceedings (which include Due Process Hearings). In light of the state’s closure and re-opening plans, these resolution proceedings shall be done remotely or virtually and not in-person until further notice. Any requests for a change in date of the resolution proceedings, location of the proceedings, and/or mediums from which to conduct these proceedings must be made to the individual Hearing Officer assigned to the case. Continue reading

Fourth Quarter 2018 BSEA Commentaries – Now Available

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

Stay Up-to-Date: KCS Third Quarter 2018 BSEA Commentary Now Available!

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

KCS First Quarter 2018 BSEA Commentary Is Now Posted. We Highlight A Strike Against Work Product Protection for Lay Advocates.

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:

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News You Can Use: KCS Third Quarter 2017 BSEA Commentary Now Available!

Don’t miss our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2017, written by KCS attorneys Eileen Hagerty and Alicia Warren for the Massachusetts Special Education Reporter.  The commentary, available on our website, offers summaries of recent cases and discussion of trends, along with useful tips for parents and practitioners. Continue reading

BSEA Applies Work Product Protection to Non-lawyer Advocate Materials and Communications; The Ruling also Stands as a Caution on Therapeutic/Medical Records

In a Ruling in the matter of In Re: Dorian issued on July 20, 2017, BSEA Hearing Officer Amy Reichbach held that the communications and materials of non-lawyer special education advocates are subject to the protections of the work product doctrine.  The hearing officer reasoned that such protection is necessary in order to minimize the potential chilling effect that discovery of such information would have on parents’ and their consultants’ ability to communicate freely when special education litigation is anticipated. The hearing officer’s analysis vindicates arguments that parent attorneys and advocates have advanced for some time now (see, e.g., our posting on the subject in June 2015).  We hope and trust that her reasoning will be adopted by her colleagues at the BSEA. Continue reading

A Superb Article on Endrew F. Closes Bill Crane’s Career as an Advocate for Children with Disabilities

Bill Crane has just posted an excellent article on the website for Mass Advocates for Children (“MAC”), analyzing and commenting on the ramifications of the U.S. Supreme Court’s Endrew F. decision on the required standard for services and placements under IDEA.    Continue reading

KCS Third Quarter 2016 BSEA Commentary Now Available!

Our commentary on the Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the third quarter of 2016, written by KCS attorneys Eileen Hagerty and Alicia Parmentier for the Massachusetts Special Education Reporter, is now available on our website.  The commentary offers summaries of recent cases, along with useful tips for parents and practitioners. Continue reading