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

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.

The Massachusetts Bureau of Special Education Appeals has released its statistics for its fiscal 2011 year.   From July 1, 2010 until  June 31, 2011 the BSEA received 8,348 rejected IEPs, an increase of 473 over the past  year. 

The statistics reveal that the majority of rejected IEPs resulted in a resolution long before a hearing decision was issued, and if the dispute reached the hearing stage the school district was likely to prevail.  809 cases voluntarily participated in mediation and 86% ended in a legally binding agreement. 544 parties requested hearings, but the vast majority of disputes were resolved before a decision was issued.  Only 35 hearing decisions were issued and the school district prevailed outright in 63% of the time, the parents prevailed in 20% of the decisions, and 17% of the time mixed relief was granted.
 
School districts were represented by counsel 100% of the time.  Of the 22 cases where the school districts fully prevailed, parents were represented by an attorney in 9 cases (40% of the time).  Of the 7 cases where parents fully prevailed, parents were represented by counsel in 5 cases (71% of the time).  These statistics highlight the importance working with a special education lawyer when pursuing a due process claim.

Read the entire report here.

If you are considering filing a due process request with the Massachusetts Board of Special Education Appeals, contact the North Shore special education Law Office of Lillian E. Wong today.

On September 24, 2011, Attorney Wong was honored to accept an award from her alma mater, Berwick Academy, an independent day school in South Berwick, Maine.

Attorney Gregory Michael's presentation the Young Alumni Award for Distinguished Achievement highlighted Ms. Wong's work as a special education attorney and advocate in Massachusetts.

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?  Start by assessing these nine requirements.   If you haven't already, read Part 1 and Part 2 of this three-part series first.

7. Prioritize Professionalism.  Make sure the lawyer establishes professional boundaries.  Without boundaries, the attorney-client relationship can erode, leading to poor communication, billing-controversies, and mutual-frustration.   So how can you assess professionalism in your initial interactions with the lawyer?  Read over the agreement of representation.   Does it clearly define the responsibilities and rights of both the attorney and the parent?  Are you informed of the payment structure and frequency of billing?  Think about your initial conversations with the lawyer.  Did the attorney inquire about the best way to communicate with you?  Did the attorney inform you about the best way to communicate with him?  Did the attorney set expectations about the frequency of your communication?   Without communication and expectation setting, the attorney-client relationship will fail.

8. Discuss the Forest and the Trees.  The special education journey is a long one.  You need to find a lawyer that will address your immediate concerns (the "trees") while simultaneously helping you achieve your long-term goals for your child (the "forest").  A good special education lawyer will  inquire about your short-term and long-term concerns help you formulate a step-by-step plan that addresses both.

9. Contract with a Child-Centric Firm.  The best special education lawyers became education attorneys, not for the money or the prestige, but to help children.  Look for an attorney who redirects conversations to your child's needs and shows sensitivity to your parental concerns.  Special education law shouldn't be about money, revenge, and "winning;" it's about helping your child get the education he or she needs and deserves.

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

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.

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.

Settlement of special education disputes can be a good thing.  Most of my hearing requests are resolved this way.  But there are dangers.  I receive many calls from parents who are asked to waive their child's stay-put, transportation and transition rights in settlement agreements.  I have even heard of parents being asked to waive their child's right to a Free Appropriate Public Education!  What's worse, hearing officers and courts are upholding these agreements.

Your child's rights under IDEA are there for a reason - your child needs them.  If you chose to proceed to a hearing in lieu of a settlement, a hearing officer would never order you to forgo these rights.  It is a wise investment to have an experienced special education attorney review your settlement contract and make sure you are not waiving these and other critical rights.

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

The Reality
Most special education disputes are not resolved in a hearing or court decision.  Instead, the majority of special education disputes are resolved informally at IEP meetings or through settlement agreements.  This outcome avoids the time, cost, and stress of litigation, and is usually the best solution for parents and school systems. 

The Result
Unfortunately, this reality does not provide a public record of the dispute and  its outcome.  Attorney-Client privilege, settlement agreement confidentiality clauses, and the Federal Educational Privacy Rights Act (FERPA) all prevent parties from discussing the specifics of most special education disputes and their ultimate resolution.  My practice is no different than the national trend.  The majority of my cases are resolved before a hearing request is filed, and of those cases that do require a hearing request, most are settled. 

Celebrating the "Quiet Victories"
During the past couple of months in addition to my due process cases, I have witnessed many "Quiet Victories."  A middle-school boy who hated school is now thriving in a more therapeutic and appropriate placement.  A preschool child is now receiving the full-day program he needs.  A young girl is undergoing a much needed extended 45-day  evaluation.  Because the ultimate goal of this Law Office is to help children obtain a Free Appropriate Public Education, these quiet victories are victories all the same.

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

When it comes to School vs. Parent  legal disputes, it's not a fair fight.  Schools budget for education legal services,  parents do not.  Schools have attorneys on retainer, parents do not.  Schools are ALWAYS represented by lawyers at due process proceedings.  Most parents find it extremely difficult to afford representation. 

Are you interested in how much your school district is paying their attorneys for special education representation?  It's all there in your school committee budget.  The budget also contains information about the number of students in out of district placements, how much the school is spending on assistive technology, and a lot of other interesting information.

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