The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

This is the fifth part of an eight-part series, Top IEP/504 Flaws and What You Can Do About Them

The Problem
My child's IEP/504 plan is 15 pages long!  I've read it a couple of times, but still do not understand what it means. 

What You Can Do
The most important sections of the IEP/504 plan are those that directly affect your child's educational program - services and accommodations. Services are the special education your child receives in addition to the general education curriculum.  On IEPs, services are described on a "service delivery page."  This page lists your child's special education services (e.g. occupational therapy, speech and language, counseling), the amount of time per week your child will receive these services, where your child will receive the service, and the qualifications of the service provider (e.g. special education teacher, speech language pathologist, or paraprofessional).  In addition to services, it is also important to understand your child's IEP/504 accommodations.   Accommodations allow your child to access the curriculum.   Accommodations may include assistive technology, preferential seating, and modified homework, to name a few.

If you need a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

This is the fourth part of an eight-part series, Top IEP/504 Flaws and What You Can Do About Them

The Problem
The school agrees that your child would benefit from a particular assistive technology or a 1-on-1 aide, but they just don't have the money in the budget for it this year.

What You Can Do
If your child needs an accommodation or services in order to make educational progress the school must provide it.  But remember, there is a legal difference between an educational benefit and an educational necessity.  If it is necessary, cost cannot be a reason for denying your request.  That doesn't mean that the school can't consider the cost of your request in certain circumstances.  For example, if you child requires assistive technology, you can't force the school to purchase the most expensive model, if a less expensive brand will meet your child's needs.

If you need a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

Background
I recently wrote an article called Education Law and ADD/ADHD Medication.  In that article, I addressed whether it was legal for schools to require ADD/ADHD medication, whether teachers could talk to parents about ADD/ADHD medication, and whether schools could refuse to administer ADD/ADHD medication.  Read that article here.

The Question
After reading that article, readers had one remaining question - is it permissible for my child's teacher to talk to him or her about their medication?

The Answer
It depends on whether the conversation is private.  If the teacher is asking your child about taking ADD/ADHD medication in front of other students or parents, the teacher is arguably violating the Federal Educational Rights and Privacy Act (FERPA).  FERPA mandates that personal information, like what medication a student takes, may only be disclosed if there is a legitimate educational interest in the disclosure.  FERPA also provides exceptions for disclosure in emergency situations. If the conversation is private, the teacher has acted appropriately.

If you have questions about the rights of children with ADD/ADHD, contact the Boston area Law Office of Lillian E. Wong today.

The Scorecard

The National Center for Learning Disabilities, Inc. recently released Massachusetts' Special Education Scorecard.  The Scorecard summarizes the U.S. Department of Education's report on Massachusetts' compliance with the Individuals with Disabilities Education Act (IDEA) and provides statistics about Massachusetts students with specific learning disabilities.


Massachusetts Falls Short

For the fifth year in a row, Massachusetts received a "Needs Assistance" grade.  Where are the major problems?

(1) Children who were in Early Intervention and eligible for Special Education do not have an IEP developed and implemented by their third birthdays.

(2) Massachusetts' supervision system does not effectively identify and corrects noncompliance in a timely manner.

(3) Massachusetts struggles to resolving complaints within the required 60-day time limit.

If you need a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

On December 10, 2010 Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education, proposed the following changes to Massachusetts' Special Education Regulations.   

Parental Consent
This proposed change would clarify parents' right to revoke consent to all special education and related services, and will eliminate the suggestion that a school may file a due process hearing or court action to challenge a parent's decision to revoke consent to all special education and related services.

Bureau of Special Education Appeals
The proposed change indicates that the BSEA is a subdivision of the Division of Administrative Law Appeals and no longer within the Department of Education.

Interpreting Services
The proposed change would require sign language interpreters to be registered with the Massachusetts Commission for the Deaf and Hard of Hearing.

Independent Education Evaluations
The proposed change would clarify the five school day timeline for responding for a parents requesting an IEE under federal law. 

Read the text of the proposed changes here.

If you have questions about your child's rights, contact Massachusetts special education lawyer Lillian E. Wong today.

What were the most popular topics of 2010? 

By far, Massachusetts' Anti-Bullying Law dominated readers' attention.   Readers were also eager to learn about their rights under the Individuals with Disabilities Education Act ("IDEA"), and other applicable laws.  





Didn't get a chance to read them all?  Here's the list in order of popularity:

1. Massachusetts' Anti-Bullying Law's IEP Requirements (519 page views)
2. Rejecting an IEP (242 page views)
3. Advocate vs. Attorney - What is the Difference? (214 page views)
4. Massachusetts' New Anti-Bullying Law (209 page views)
5. Hearing Decision - Child Entitled to Return to General Education Setting (175 page views)
6. Massachusetts' Law on Physical Restraint (152 page views)
7. Testing Accommodations (108 page views)
8. Massachusetts' New Autism Insurance Law (108 page views)
9. Due Process Hearings - What to Expect (95 page views)
10. Classroom Observation - A Parental Right (78 page views)

If you have questions about any of these special education legal issues, contact the Boston area Law Office of Lillian E. Wong today.