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

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.

UPDATE: On December 16, 2011 the Massachusetts Department of Education advised against Procedures Lite.  Read the entire article here.

Have you heard about "Procedures Lite?"  If you  have a child in special education you need to. 

What is Procedures Lite?

Procedures Lite is contract between schools and parents that waives special education procedural rights.  Parents waive the right to convene an IEP meeting, develop an IEP, receive progress notes, and request annual evaluations.  Parents also waive the right to enforce these rights and seek compensatory services and damages. What does the school waive?  Nothing.  Instead the school gains the unilateral right to educate your child without parent input, updated evaluations, and judicial oversight. 

What is the purpose of Procedures Lite?

Schools and their attorneys claim that the purpose of Procedures Lite is to foster trust and communication between Parents and Schools.  They believe that special education law, and not school officials or budgetary concerns, create conflict and distrust between parents and schools.  Their solution - do away with IEPs as we know them and replace them with a one page Student Learning Plan  (SLP). Don't allow parents to enforce the supports and services outlined in the SLP.  Eliminate IEP meetings and Progress Reports in the name of better communication.  Does this sound counter-intuitive?  Maybe.  But it's happening in Massachusetts.  Read the current Weston, Massachusetts Procedures Lite contract here.

What is the ultimate agenda of Procedures Lite proponents?

Those proposing Procedures Lite would like to eliminate special education rights.   One of Procedure Lite's vocal advocates is Massachusetts school attorney Miriam Kurtzig Freedman.  In her recent presentation at the University of Chicago School of Law, Ms. Freedman compared special education to welfare and talked about the need to eliminate special education rights.  In the meantime, Ms. Freedman supports Procedures Lite because, "Even if we won't or can't end the [special education] entitlement right away, [we can] end litigation and the fear of litigation about a proposed FAPE."  Read the entire presentation abstract here.

What can you do?

First, NEVER sign away your child's special education rights without consulting an experienced special education attorney.  Procedures Lite is a relatively new idea, but convincing parents to waive their child's rights is not.  Read my warning to parents about waiving rights in settlement agreements here.

Second, inform other parents.  Make sure every parent who has a child on an IEP is aware of their rights and the serious consequences of "Procedures Lite."

Third, talk to school administrators.  Explain to them that eliminating laws designed to protect your child will not make your more trusting of the school.  Emphasize that IEP meetings,  Progress Reports and the IEP document are fundamental to parent-school communication.  Point out that without required evaluations, your child's needs cannot be assessed and the school cannot provide a Free Appropriate Public Education (FAPE).

If you have any other questions about your child's special education rights, feel free to contact Massachusetts special education attorney Lillian E. Wong today.

The law requires public schools to provide a Free Appropriate Public Education to all children.  This means that if your child's needs cannot be met in the public school, the school district must pay for your child to attend a private school that meets your child's needs (a "private placement").

If parents and schools disagree about what placement meets the child's needs, the dispute can be resolved in a number of ways.  One way is for a hearing officer to decide what placement is appropriate.  This is an all or nothing approach.  Either the school is right or the parent is right.  If the parent is right, the school must fund the private placement in full. 

But hearings can be expensive, stressful, and most importantly risky - even if you have a strong case, there is no guarantee that the hearing officer will agree.   This is why many special education disputes are resolved in settlement agreements.  Sometimes, these settlement agreements provide for cost-sharing, meaning that parents and the school both pay for a portion of the private placement. 

Cost-sharing is a particularly good idea if the parents' case for a private placement is not a "slam-dunk."  Cost-sharing is also a good option if the parents and school agree that the child needs a private placement, but will disagree over the particular school.  Usually the school's choice is less expensive than the parents'.  In this scenario, parents can offer to make up the difference between the school's offer and their preferred placement.

Of course, cost-sharing is only a viable option for parents who can afford it.   That said, cost-sharing can provide a cost-savings for parents.  Cost-sharing can expedite the settlement process, leading to lower attorney's fees and settlement-related costs. 

Even parents who cannot afford a traditional cost-sharing option should not ignore the cost-sharing .  Instead, those parents should consider applying for grants, scholarships, and financial aid to help fund the private placement.  Remember - any way you can lessen the financial burden on the school, the better your chances to obtaining an appropriate placement for your child.

If you want to request a private school (out-of-district) placement at public expense, contact a Massachusetts special education lawyer for help navigating this complex progress.

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.

Are iPads and iTouches the next big thing in Assistive Technology? 

Last week, Apple unveiled a new section of its application store on iTunes - “Special Education: Learning for Everyone."  Within this section, the applications are conveniently organized into five subsections: communication, hearing, language development, literacy and learning and organization.  Applications include text-to-speech software, graphic organizers, and handwriting tools. The applications themselves are fairly inexpensive (some are even free), and compared to other platforms, schools may consider the iPad or iTouch a good bargain. 

Remember, the law requires schools to provide assistive technology devices or services to a student with a disability if the participants on the student's IEP team determine that the student needs such a device or service in order to receive FAPE. 

If you need help asserting your child's special education rights, contact Massachusetts North Shore attorney Lillian E. Wong today.

This question was originally posted on www.avvo.com.

The Question:
My son who is 8 has autism he is in special needs class on a military base. We just moved to a new place and he has gone to school for several years now. However this new school only has him going 2 hours a day. At first I agreed to do this for a few weeks to get him used to the school but its been a few months now and I think they are doing it to convenience themselves. I think he needs to go all day like the other kids. Is this even legal? Only keeping him for 2 hours?

My Response:

The law requires public schools to provide your son a Free Appropriate Public Education (FAPE). Going to school for only two hours per day is not appropriate for most children and might  not address your son's educational needs. Does your son's current IEP say that he requires a shorter school day? If not, the school is not implementing the IEP. If the IEP does provide for a shorter day and you think this is not what your son needs, you need to request an IEP Amendment.

I would strongly recommend that you speak with an attorney at a special education law firm. You can find one at www.copaa.org.

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.