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

On January 19, 2012 the Office of Civil Rights (OCR) released a "Dear Colleague" letter emphasizing the expanded definition of a disability under the 2008 Amendments of the Americans with Disabilities Act.

OCR also released a Question and Answer Guide on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.

Within the Question and Answer Guide, I was pleased to see OCR emphasize that "Grades alone are an insufficient basis upon which to determine whether a student has a disability," and that "Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades."  Often, school districts will deny 504 and IEP eligibility because the child is receiving good grades.  This OCR document provides support that the report-card-only eligiblity test is not permissible.

If you have question about whether your child qualifies for 504 accomodations or special education services, contact the Boston area Law Office of Lillian Wong today.

Special education law is always changing.  That's why the best special education lawyers and advocates never stop learning.

In order to better advocate for her clients, Attorney Wong  attends conferences and connects with other special education experts. 



Here is a sampling of presentations Ms. Wong has recently attended:

• Functional Behavioral Assessments presented by Mariela Vargas-Irwin, Psy.D., BCBA
• Anti-Bullying Prevention and Intervention presented by Massachusetts Advocates for Children
• The Language of Math presented by Elaine Holden, PhD
  
• Beyond Discrete Trials presented by Jill E. McGrale Maher, M.S., BCBA

If you have questions about your child's IEP or 504 plan, contact the Boston area law office of Lillian E. Wong today.

When your child is too sick (mentally or physically) to attend school, the school still has an obligation to educate your child in the home or hospital setting. 

There is no set number of hours the school must provide.  The amount of tutoring time must be individualized.

In order to qualify for home / hospital tutoring, your child's physician must submit written verification that your child is unable to attend school. 

The legal requirements of home / hospital tutoring are complicated. Learn more about home / hospital tutoring  by reading the Massachusetts Department of Education's Question and Answer Guide.  Then, if you have questions, contact the Boston area special education law office of Lillian E. Wong.

What is "Stay-Put"?
Stay-put is the right to keep your child in his or her current special education placement and/or receive your child's current special education services, even if the school proposes to change the placement or remove the services. 

When Does "Stay-Put" Apply?
Stay-put only applies when the school has offered and the parent has accepted the previous placement and services.  Therefore, there is no right to "stay-put" if the child has not been found eligible for special education, if the school is proposing an initial IEP, or if  parents have always rejected the IEP proposal outright.  In these  situations, there is no "previously agreed-to" placement or services, so there are no stay-put rights.

Massachusetts vs. Federal Law
Under Federal law, stay-put rights apply only when parents have filed a due process hearing request.  Massachusetts law provides more rights for parents and students.  In Massachusetts, once the parents reject the IEP, they can invoke stay-put.

If you have questions about stay-put rights or need help navigating the special education process, contact the Boston area Law Office of Lillian E. Wong today.

What were the most popular topics of 2011? 


By far, Procedures Lite dominated readers' attention.  Thankfully, the Massachusetts DOE were also paying attention and by the end of 2011 advised against this broad waiver of special education rights.



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

1. Procedures Lite - Parents Beware! (971 page views)
2. Advocate vs. Attorney - What is the Difference? (377 page views)
3. Massachusetts' Anti-Bullying Law's IEP Requirements (344 page views)
4. Rejecting an IEP (341 page views)
5. School Choice in Massachusetts (224 page views)
6. Can I Go to College if I have an "IEP Diploma?"  (185 page views)
7. Education Law and ADD/ADHD Medication (160 page views)
8. Can Teachers Talk to my Child about ADD/ADHD Medication? (137 page views)
9. Massachusetts' Law on Physical Restraint (134 page views)
10. Due Process Hearings - What to Expect (131 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.

On December 16, 2011 the State Director of Special Education, Marcia Mittnacht, issued a Memorandum advising against Procedures Lite for "legal and policy reasons."

In October, I warned parents against Procedures Lite.  Read the entire article here.  Many other special education advocates did the same.  Ultimately, the Massachusetts Department of Education came to the same conclusion I made in October - "Procedures Lite" violates the law. 

If you have questions about your child's special education rights, contact the Boston area office of Lillian E. Wong today.