Uncharted Territory: What Will School Look Like for Special Education Students in the Summer and Fall of 2020?

As most Massachusetts residents know, on March 15, 2020 Governor Charlie Baker ordered all public and private schools in the Commonwealth to cease in-person instruction through April 6, 2020.  That restriction was later extended through the end of the 2019-2020 school year.  The Massachusetts Department of Elementary and Secondary Education (“DESE”) directed school districts to provide students (including special education students) with remote instruction during that time.  With the 2019-2020 school year drawing to a close, DESE been considering summer school programs and looking toward the reopening of school in the fall.  DESE has issued the following guidance on those subjects:

All four documents may be found at http://www.doe.mass.edu/covid19/on-desktop.html. Continue reading

Check Out the Second Quarter 2015 BSEA Commentary

KCS attorneys comment quarterly on Bureau of Special Education Appeals (“BSEA”) decisions and rulings for the Massachusetts Special Education Reporter.  Eileen Hagerty’s commentary on the second quarter of 2015 is now available on our website. Continue reading

Don’t Get Taken for (too long) a Ride; Watch Out for Silent Waivers in an IEP!

Parents should keep an eye out for language in their IEPs that might have them unwittingly signing away the right to limit the duration of their child’s transportation to and from a placement to an hour or less each way.   Massachusetts special education regulations provide, at 603 C.M.R. §28.06 (8)(a):

The district shall not permit any eligible student to be transported in a manner that requires the student to remain in the vehicle for more than one hour each way except with the approval of the Team.  The Team shall document such determination on the IEP. Continue reading