The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney
 Attorney Wong is pleased to announced that she will be presenting "Independent Educational Evaluations in Massachusetts" at the April 9, 2012 meeting of the North Andover Parent Advisory Council (NAPAC). The presentation will teach parents:
Add Comment  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.  Under IDEA, your child is entitled to: A "Free Appropriate Public Education" (FAPE) in the "Least Restrictive Environment" (LRE). An initial eligibility evaluation and thereafter, a yearly reevaluation. An independent evaluation at public expense if you disagree with the school district's evaluation. A written individualized education program (IEP). An education as close to home as possible and in the school he or she would attend if not disabled. Support services, called "related services," such as a one-on-one instructional aide, speech-language pathology, psychological services, physical and occupational therapy, therapeutic recreation, transportation, and school nurse services. Assistive technology such as a communication system, computer, or spell-checker. Placement in a private school at public expense if the public school cannot provide a "free appropriate public education." A transition plan and services. If you need help advocating for your child's educational rights contact Boston area special education lawyer Lillian E. Wong today.  This is the third part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them" The Problem My expert thinks my child needs a certain accommodations and services, but the school disagrees. Isn't the expert more qualified than the school? What You Can Do Just because the expert has more experiences or qualifications than school officials, doesn't mean that the expert's recommendations must be followed. The law doesn't require the school to implement expert recommendations, but the IEP/504 team must "consider" them. How can you turn consideration into implementation? Provide the team with the expert's report ahead of time. This allows everyone to read the recommendations before the meeting. If at all possible, have the expert attend the IEP/504 meeting. If actual attendance won't work, request that the expert participate by phone. Either way, it is essential to allow experts to explain their recommendations to the team and to answer any questions the team might have. If you need help advocating for your child's educational rights contact Boston area special education lawyer Lillian E. Wong today.  This question was originally posted on www.avvo.com Question: How do I get my Autistic son into an out of district school when the public school continues to ignore a doctor's recommendation? My son is autistic and I have filed due process last year because of an incident that should not have occurred if he had not been moved to a school that did not have an adequate autism program in place. My son cannot ask questions, still points and moans when he is frustrated. He uses echolalia when talking, which is never in a full sentence. He is 8 years old and still has to wear a overnight pamper because he still doesn't fully understand the concept of going to the bathroom. My son needs one on one therapy, with ABA one on one, a behavioralist needs to be seen at school and at home because of his violent tantrums which are dangerous to himself and others. My son gets none of these services and the school continues to try and convince me otherwise. What do I do now? I'm will file again. My Answer: This sounds like a very frustrating situation. Navigating the special education system can be difficult. I applaud your determination. As you certainly now realize, just because your doctor recommends an out-of-district placement for your son doesn't mean the school is required to provide it. In order to secure this placement you must establish (1) that the current placement is inappropriate AND (2) that the proposed placement is appropriate. The law defines "appropriate" as a place where your child can make "effective educational progress" in the "least restrictive environment." Each state defines "effective educational progress" differently, so consult your state regulations and case law. Because an out-of-district placement is less inclusive than your son's current placement, you must also prove that the out-of district placement is the least restrictive environment in which your son can make effective educational progress. How do you prove your case? With evidence - evaluations, classroom observations, and testing over time, for example. I would strongly urge you to consult with a special education attorney before filing a due process request. Good luck! If you are in the Boston area, contact The Law Office of Lillian E. Wong today. Summer is Coming - Are You Ready? 05/11/2010
 The traditional school year is coming to an end, but for parents advocating for their children in special education this time of year provides its own particular challenges. Here are some things all parents should be thinking about this time of year. Consider Extended School Year Services If your child's skills will regress during the summer months that child is entitled to be educated during the summer. This is called extended school year or ESY for short. Like free appropriate public education in general, extended school year programming still must occur in the least restrictive environment. Schools must also provide transportation if the student qualifies for transportation during the regular school year. Schedule an Independent Evaluation The summer is a good time to have your child seen by an independent evaluator. It can take a long time to obtain an appointment, the evaluations themselves can last for days, and then it takes a while for the evaluator to create his or her report. Read more about why evaluations are important here. Resolve IEP Disagreements Summer is also a good time to resolve disagreements with the school. Perhaps you partially accepted an IEP during the school year. Use the summer to resolve issues with the school, whether informally, through mediation, or at a due process hearing. A special education attorney can help you assess the strength of your case and advise you on how to proceed. Look Ahead to September Will your child be switching schools? Switching teachers? Perhaps your child is leaving elementary school for middle school or middle school for high school. All these changes will affect your child's education. Review your child's IEP and consider how the goals and services may be altered by any of these changes. For example, a one-on-one aide may have been appropriate for your child in elementary school, but now that your child is entering middle school he may need to learn more independence and this service may not be necessary. Another possibility is that your child's new school does not have the appropriate placement for her, and you need to begin the process of out-of-district placement. Keep an Eye on the Future Summer is also a great time to reflect. What went well during the past academic year? What needs work? What are your goals for your child after high school? How is the IEP team working together to achieve these goals? Keeping these goals in mind will help you prepare for the year ahead and remind yourself why all your hard work is worth it. Independent Evaluations in Massachusetts 02/28/2010
 Independent evaluations are critically important to understanding the educational needs of your child. Unfortunately, quality evaluations are expensive (around $5000). In Massachusetts, parents can seek an independent evaluation at public expense under state or federal law. These laws are complicated, and failure to comply with their requirements will almost always leave parents footing the bill. Special education attorneys help families navigate these laws. For more information about the importance of evaluations click here. Advocating for a New Program or Service 02/13/2010
 As a parent, you may think your child needs a specific service or program. Perhaps your belief is founded on some research you did on the internet or a conversation you had with a friend. But how can you convince the school to implement these changes on your child's IEP? If the school agrees with you, that's great. But if the school begins to question your request or flat-out refuses to provide this service or program you need a plan. First, remember that special education is all about meeting the unique needs of your child. You must prove with evaluations, statistics, or statements from experts that your child will receive an educational benefit from the proposed service or program. You must also be able to argue that without this service or program your child will not receive an appropriate education. Avoid arguing your this program is "best" for your child, since the U.S. Supreme Court held in Rowley that the school is not required to provide your child with the "best" education possible.  This question was originally posted on www.avvo.com. I have edited the original question. Question: My son was constantly getting suspended ... I told the principal I was going to be asking about if this was legal he told me that my son threatened a substitute... I know my son is no angel but they bring it on by segregating these kids that are in a special needs class. They are not allowed with other students in pe. My son also has an IEP and add / adhd /odd. My Answer: Your question raises three interrelated issues: (1) The Individuals with Disabilities Education Act (IDEA) mandates that children should be educated in the least restrictive environment (LRE) that meets the child's needs. This means you have the right to ask that your child spend as much time as possible with his typically developing peers as long as your child receives an educational benefit. For example, your child may be able to attend music class, field trips and recess with students in general education, perhaps with the help of a one-on-one aid. (2) You should also make sure that your son has goals related to social skills in his IEP. Perhaps the school could include him in a "Friendship Group," facilitated by the school counselor. (3) Your child should also be given a functional behavioral assessment. Based on this assessment the school should put a behavior intervention plan in place to help prevent and respond to your child's inappropriate conduct.  This question was originally posted by an individual in Oklahoma on www.avvo.com. Here is the unedited text of his question: If a high school i am attending is clarly messing up my credits in orderfor e to graduate what are my rights? I have been going to western heights in oklahoma since 2007..and they keep telling me i have thive me the help i need the same credits when i workhard to do what i need to.they keep switching me in and out and wont give me help i deserve Here is my response: Have you ever been evaluated for or identified as having a disability? Do you have an individualized education plan (IEP)? If so, your school is required by law to provide you with a free and appropriate education (FAPE), through special education and related services. Special education is not a room or a specific program, but "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability" and to "prepare them for further education, employment, and independent living." 20 U.S.C. §1401. If you believe you qualify for special education, but have not been identified, you can request an evaluation. You also may be entitled to compensatory education if you should have been receiving special education earlier. Compensatory education is a legal term used to describe future educational services awarded to disabled students for the school district's failure to provide a Free and Appropriate Education (FAPE) in the past. If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong. | Search Past Articles
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