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 CDC recently released a report entitled Attention Deficit Hyperactivity Disorder Among Children Aged 5–17 Years in the United States, 1998–2009.  The study finds that ADHD currently affects 9% of children in the US, an increase from 7% in 1998.

Does this mean more children with ADHD are on IEPs?
Not necessarily.  Just because a child has been diagnosed with ADHD doesn't mean he or she qualifies for special education (and an IEP). 

In order to qualify for an IEP, your child must need special education supports and services.  Even though ADHD is not specific disabling conditions under the Individuals with Disabilities Education Act (IDEA), a child with ADHD can be found eligible for special education under “Other Health Impairment” category.  The Federal Regulations specifically include ADD and ADHD in their definition of Other Heath Impairment.  Alternatively, a child with ADHD might be found eligible for special education under the “emotional disturbance” (ED) or “specific learning disability” (SLD) classifications.

What if a child is found ineligible for an IEP?
If a child who has ADD/ADHD is found ineligible under the IDEA, she might still be eligible for support under Section 504 of the ADA.  In order to establish 504 eligibility, you must show that ADHD interferes with a "major life activity."  Section 504 eligibility is often established by showing ADHD interferes with the major life activity of learning.

Learn more about the difference between an IEP and 504 plan here.

If you believe your child needs an IEP or a 504 plan and your school district disagrees, contact  Boston area special education attorney Lillian E. Wong for help.

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.

This is the fifth part of an eight-part series, Top IEP/504 Flaws and What You Can Do About Them

The Problem
My child's IEP/504 plan is 15 pages long!  I've read it a couple of times, but still do not understand what it means. 

What You Can Do
The most important sections of the IEP/504 plan are those that directly affect your child's educational program - services and accommodations. Services are the special education your child receives in addition to the general education curriculum.  On IEPs, services are described on a "service delivery page."  This page lists your child's special education services (e.g. occupational therapy, speech and language, counseling), the amount of time per week your child will receive these services, where your child will receive the service, and the qualifications of the service provider (e.g. special education teacher, speech language pathologist, or paraprofessional).  In addition to services, it is also important to understand your child's IEP/504 accommodations.   Accommodations allow your child to access the curriculum.   Accommodations may include assistive technology, preferential seating, and modified homework, to name a few.

If you need a special education advocate in Massachusetts, contact Boston area attorney 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 is the second part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them"


The Problem 

No matter what I ask for in IEP meetings, the school says no.  Sometimes I'm told what I'm asking for violates school policy.  Other times the school says I don't understand my child's needs.   How do I respond?

What You Can Do

Begin by explaining the reason for your request and why the status quo is not working.  Use examples.  Offer written documentation.  Try to persuade the team that your request is something your child needs, not simply something you want.     The law requires the school to meet your child's needs, but does not require the school to provide the ideal education.    If you are told that your request violates law or policy, politely ask for a written copy of that portion of the law and policy.  Sometimes school officials confuse "what is always done" with the law.  If the school is able to provide you with a copy of the law or policy, review it, and see if there is some reason why it should not apply to your child.   

If you need help advocating for your child's IEP and 504 rights, contact Boston area special education advocate Lillian E. Wong today.

This is the first part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them"


The Problem
I don't see the point of attending IEP/504 meetings.  I barely get a chance to talk and when I do, I'm ignored. How can I get the school to listen to me?


What You Can Do
Always remember that as a parent you are an essential member of your child's IEP/504 team.  While the school is not required to implement every request you have, they are required to listen and consider your input.  One of the best ways to become an active member of the team is to ask questions.  After you ask a question, listen and analyze the answer.  Ask follow-up questions.  If you are nervous about talking in the meeting, type up your concerns an ahead of time and distribute the document at the start of the meeting.   If after the meeting you still feel ignored, send the team a follow-up letter documenting any remaining requests, questions, or suggestions.  

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