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

Having a copy of your child's educational records is  an important parental right, especially if you are in a dispute with the school.  Educational records are broadly defined and can be thousands of pages.  Read more about requesting educational records here. 

How much can the school charge for a copy of the record?

Federal and Massachusetts law  require that the  copy fee be reasonable, no more than the school's actual cost, and not so high that it effectively prevents the parents from exercising their right to inspect and review those records.

How much is a reasonable rate in Massachusetts?

There is no state-wide policy in Massachusetts; rates vary by district.  Here's some guidance:

- 10 Cents? In 2004, a Hearing Officer upheld a 10 cents per page fee as reasonable for an individual making $500/month. 

- 20 Cents? In 2005, the Massachusetts Department of Education contemplated a 20 cents per page fee as reasonable, guided (but not governed) by the maximum allowable fee for copies of public records.

- 25 Cents or MORE?  Since 2009, the maximum allowable fee for copies of public records in Massachusetts has been 20 cents per page for photocopies and 50 cents per page for computer printouts. While this rule does not govern educational records, it might be considered persuasive by a hearing officer.

So how to I get a copy of my child's records without breaking the bank?

- Ask for a copy of the District's fee policy before you request copies of your child's records.

- Specify what type of documents you want copies of (IEPs, discipline reports, evaluations) and what documents you don't need (attendance, immunization reports, report cards, anything more than four years old).

- Before the school begins copying, ask for a detailed fee estimate.

If you believe the fee is too high, try negotiating with the school.  If that doesn't work, contact  the Boston area Law Office of Lillian E. Wong today.

By the time you decide to hire a special education attorney, the stakes are high.  You are frustrated with the school and worried about your child.  Not only can retaining the wrong lawyer waste your time and  money, it can permanently damage your child's education.  So how do you choose the right law firm?  Read Part 1 of the answer here.

4. Locate a Listener.  The attorney's job is to represent you and your child.  This is impossible to do if the lawyer doesn't understand your situation and your goals.  How do you make sure the lawyer is listening to you?  The attorney should ask relevant  questions, take notes, and ask for clarification when he or she doesn't understand.

5. Assess Communication Skills.  When you hire a lawyer, you are finding someone to speak (and write) on your behalf.  Look for an attorney who comes across as both knowledgeable and understandable.   The best attorneys know how to make the most complex laws and confusing facts accessible to the lay-person.

6. Reward a Realist.  Special education law is far from perfect.  Beware of attorneys that make unrealistic promises - reimbursement of fees, guaranteed private school placements, and elimination of future special education conflicts.  An effective special education attorney understands the law and its limits and sets realistic expectations from the start.

If you are in Massachusetts, contact the Boston area Law Office of Lillian E. Wong today.

Massachusetts law (Chapter 71B: Section 1C) requires each school district to conduct, in cooperation with the local parent advisory council, at least one workshop annually within the school district on the rights of students and their parents and guardians under the special education laws of the commonwealth and the federal government and shall make written materials explaining such rights available upon request.

Below is a copy of Attorney Wong's sample Basic Right's Presentation.  Please contact her if you are interested in having an experienced Massachusetts special education lawyer present to your SEPAC.

Special education law can be frustrating!  I  recently received this kind note in the mail and wanted to share it as a reminder of why this work can also be so rewarding. 

Dear Lillian,

Thank you so much for agreeing to take the case and for working with us over the past months.  From day one you were committed, kind, patient and a joy to work with.  All the hours you spent getting to know the student, pouring over documents, preparing for meetings and hearing - that all paid off in a huge way.  I truly believe the course of her life is forever changed.  Thank you for believing in her and for being a (not so) tiny miracle in her life!

With Appreciation,
A Massachusetts Non-Profit Coordinator

**The letter has been slightly edited  to preserve confidentiality**

If you are interested in having Boston area attorney Lillian Wong advocate for your child's rights, contact her today.

By the time you decide to hire a special education attorney, the stakes are high.  You are frustrated with the school and worried about your child.  Not only can retaining the wrong lawyer waste your time and money, it can permanently damage your child's education.  So how do you choose the right law firm?

1. Find a Specialist. Special education law is complex and not part of the traditional law school curriculum.  Just because an attorney passed the state bar doesn't mean that he or she is qualified to represent your child!  The more specialized the law practice, the more likely the attorney is to understand the intricacies of special education law.

2. Ask about Experience.  Just because a lawyer specializes in special education law doesn't mean he or she has experience.  The ideal lawyer has participated in IEP / 504 Meetings, Manifestation Determinations, Informal and Formal Settlement Negotiations (including settlement conferences at the BSEA)  and Due Process Hearings (including expedited hearings).  Make sure the lawyer has drafted their own settlement agreements and understands the dangers of simply signing a settlement agreement drafted by the school.  Here in Massachusetts, most special education disputes end in settlement, so you may be surprised to find that an attorney who has practiced for five or even ten years has never brought a case to hearing before the Board of Special Education Appeals.  Even if your case never results in a hearing, it is important to hire an attorney who understands the process from start to finish.

3. Inquire about Relationships.  A good special education attorney understands the role of all the key players in the special education process and has a relationship with these individuals and institutions. He or she can recommend educational advocates,  evaluators, and other experts.  Your lawyer should be familiar with the reputation of the schools' lawyers and special education directors and  be regarded by them as a knowledgeable and reasonable advocate. 

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

If you place your child in private school at your own expense (including a religious school) your child still has the right to receive special education services from the school district in which you reside.

While federal law requires only "equitable services" for children in this situation, Massachusetts sets a higher standard.  Massachusetts requires that special education provided by the school district to a private school student shall be comparable in quality, scope and opportunity for participation to that provided to public school students with needs of equal importance.

If you believe your school district is not proposing adequate services for your child because your child is in private school contact a Massachusetts special education attorney.

Summer is a wonderful time of year, but research is mounting that summer  vacation takes a toll on learning.  The National Summer Learning Association reports that all students suffer from summer learning loss, and that learning loss disproportionately affects low income students.  Read more about these findings here.

While all children may experience summer learning loss, some children are so negatively affected by extended periods away from school that they require extended school year services, or ESY for short.  Learn more about ESY here.

If you believe your child's school is not providing the ESY services your child needs contact the Boston area Law Office of Lillian E. Wong today.

School may be out, but that doesn't mean parents stop thinking about getting the best education for their children.

One great way to utilize the summer break is to schedule an IEP Check-Up.  A special education attorney can review your child's current IEP, evaluations, and other documentation and help you form a plan to address your concerns.  She can also point out potential problems you may have overlooked.  The special education process can be frustratingly slow.  Why not begin addressing your concerns now?  You'll be closer to a solution come September.

Contact the Boston area Law Office of Lillian E. Wong today.