The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney
President Obama Signs Rosa's Law 10/06/2010
 Yesterday, President Obama signed legislation, known as Rosa's Law, into law. Under this new law, federal legislation will no longer use the term mentally retardation. Instead, federal law will use the term "intellectual disability." Similarly, laws containing the term "a mentally retarded individual" will be replaced to read, "an individual with an intellectual disability." This changes specifically applies to the Individuals with Disabilities Education Act, the law governing special education law. If your child's IEP describes your child as "mentally retarded" you now have the right to request the school change this reference to "an individual with an intellectual disability." Add Comment  Does your child have a disability on the autism spectrum? Does your child's disability affect social skills development or make your child vulnerable to bullying, harassment, or teasing? If you answered "yes" to either question, Massachusetts law now requires that your child's IEP team consider and address the skills and proficiencies your child needs to avoid and respond to bullying. Consider bringing this issue up at your next IEP meeting, or request an IEP meeting today if bullying is a particular concern. Because this law is new, you might need to educate your child's school of these requirements. Remember the ultimate goal of the new law - protecting our children from bullying. Q & A: Medically Necessary School Absences 08/24/2010
 This question was originally posted on www.avvo.com. Question My child's transfer into a school district has been denied due to excessive absences although they are medically necessary. Can I do anything to force the district to allow my child to remain in this school? Answer You should contact a special education lawyer. You can find on at www.copaa.org. If your child medical condition is affecting his or her ability to go to school your child might require an Individualized Education Plan. Either way, the school should not discriminate against your child because of their medical condition. That said, you will need to speak with an attorney in your area and state that understands the nuances of local and state law. In the meantime, make sure the medical absences are well documented so the school doesn't pursue truancy charges against you and your child. Nina Russell is a recent graduate of Keene State College and an intern a The Law Office of Lillian E. Wong. Ms. Russell's personal experiences with special education have led her to pursue a career helping children with disabilities.  I was a sophomore in high school when I became part of the Individualized Education Program (IEP). As a student I did not understand the IEP and what rights I held. Today, I understand that an IEP contains many components. An IEP statement consists of the child’s present levels of academic achievement, measurable annual goals, how the child will meet those goals, the services and accommodations the child will be served, and measurable post-secondary goals. Today, I also know what the IEP team consists of the parents of the child with a disability, one or more regular education teacher(s) of the child, one or more special education teacher(s), a qualified representative of the local educational agency, an individual who can interpret any evaluations being presented, and anyone else who has knowledge or special expertise regarding the child and the child if necessary. 20 U.S.C. § 1414. My Experience Most of my high school career I really didn't understand my disability. I also didn’t understand the whole IEP process and why I was given accommodations. I just believed I was inept and I could not do anything by myself. My mother insisted that I attend my IEP team meetings. To me, attending IEP team meetings was fun because I did not have to attend class. Attending the meetings was also hard. No one took the time to explain to me what these team meetings were about. It was not my parents' fault because no one really took the time to explain to them either. It was difficult to sit there and listen to people who barely knew me talk about me like they knew everything about me. It was also disturbing to hear these people talk about my strengths and weaknesses and plan out the rest of my high school career. Not once did the “team” ask me my thoughts when I was sitting right there. Since my confidence and self-esteem was already shot down by some of my teachers and my peers and I did not know how to stick up for myself, I was not confident enough to participate in these “team” meetings. Reflections Attending the meetings was very discouraging. I was at a disadvantage because I did not know my disability until my senior year when I was diagnosed with Dyslexia and ADD. So until then I just thought I was incompetent. To me, the IEP meetings were just time out of class where people, who supposedly knew me so well, could discuss how I could not handle a normal classroom and how much help I needed. This was very hard to listen to. But not attending the meeting would have been difficult too. If I knew that there were people in a room talking about my life, future, and education and I was not involved that would have been difficult too. Before a child attends an IEP meeting, someone should discuss the purpose of the meeting with him or her. Many students with disabilities have the ability to articulate their needs and describe how their disability affects them. Still, the process is intimidating, so students should prepare for the meeting. One idea is to prepare a student agenda to distribute to the team. Students who have disabilities along with their parents need to learn about their rights. Parents especially need to learn the process of advocating for their child's education. If it is appropriate for a child attend the team meetings, it is important to explain the purpose of the meeting to the child, help the child prepare for the meeting, and discuss the experience afterward. School Receives a Rejected IEP - Now What? 07/07/2010
 Parents have 30 days to review and to make a decision about the IEP. Parents can accept the IEP, reject the IEP or accept in part/reject in part. When parents reject an IEP in whole or in part, the school must notify the Board of Special Education Appeals (BSEA). After receiving the rejection, the school must notify the BSEA within 5 DAYS. 603 CMR 28.08(3)(b). The BSEA then notifies parents and the school of their right to request a hearing and/or mediation. To read more on rejecting an IEP click here, and feel free to leave any comments. New IEP Law in Maryland 06/30/2010
 Starting tomorrow (July 1, 2010) parents in Maryland will be more prepared for IEP meetings. At least, that is the purpose of S.B. 540, a law that requires schools to provide parents with IEP meeting documents 5 days business days prior to an IEP meeting. Documents covered by this new rule include draft IEPs, assessments, and any other documents the team plans to discuss. What a wonderful idea! One of the fundamental pillars of the Individuals with Disabilities Education Act (IDEA) is parental participation. However, it is common practice, at least here in Massachusetts, that only school personnel have access to draft IEPs prior to meetings. Allowing parents to have time to better comprehend the draft IEP and propose changes is a positive step to encouraging parental participation in the special education process. Maryland should be applauded for providing parental rights above and beyond IDEA. IEP vs. 504 - What's the Difference? 06/29/2010
 The main difference is that parents have fewer rights and schools have fewer legal obligations under Section 504. For example, IEP plans have to be in writing. 504 plans do not. IEP requires that school's take reasonable efforts to ensure parental participation, including inviting parents to IEP meetings. Section 504 does not require notice of meetings. IDEA requires parental notice before a change of placement. Section 504 does not. Children with 504 Plans can be permanently expelled for behavior that is not a manifestation of their disability. Children with IEP plans can be removed from school for behavior that is not a manifestation of their disability, but the school is still required to provide a free appropriate education. How can I get my child off a 504 and on an IEP plan? Schools must provide a child with an IEP if the child's disability makes special education and related services necessary. If your school refuses to provide your child with an IEP, you should contact a special education attorney. Rejecting an IEP 05/17/2010
 Parent Response Required Once the IEP team proposes an IEP, parents have the right to accept or reject the program, in whole or in part. Parents must indicate their response on the IEP, sign the document, and return it within 30 days of receipt. If the document is not returned within 30 days, the school may assume that the IEP has been rejected. Even if you strongly disagree with the proposed IEP or placement, it is always better to continue to communicate with the school and express your concerns in writing. Reject in Whole or in Part? Usually, it is better to reject only the portions of the IEP you disagree with and to accept the others. This is especially true if this is your child's first IEP. If you reject the entire first IEP, your child will not receive any special education services. Whatever services of the IEP the parents accept should be immediately implemented. "Stay-Put" When parents reject the IEP, "stay-put" applies if the child has already been found eligible for special education services . This means that the school must continue to implement the last agreed upon IEP until parties agree otherwise or a hearing officer rules on the child's special education rights. Referral to BSEA When parents reject an IEP the school should refer the case to the Bureau of Special Education Appeals (BSEA). Parties can voluntarily participate in mediation. If mediation is forgone or unsuccessful, the dispute is resolved by an impartial hearing officer in a due process hearing. While the school is required by law to refer rejected IEPs to the BSEA, this referral often does not occur. Instead, schools will convene numerous IEP meetings in the hope of resolving the disagreement. If you believe your position is strong, you also have the right to initiate a BSEA hearing. Learn more about due process hearings in Massachusetts here. Q & A: Discipline Record 03/20/2010
 This question was originally posted on www.avvo.com. Question: Can a negative mark on my child's record be avoided by removing him from a school district prior to a hearing? If my child is removed from the district prior to his hearing, does that keep his record clear. He is being evaluated for ADD/ADHD. My Answer: You should contact a special education attorney. There are special legal protections for children being disciplined if their behavior was a manifestation of their disability. Does your child have an Individualized Education Program (IEP)? Even if he doesn't, he may still receive special education protections if he should have been receiving special education services due to his ADD/ADHD. A special education attorney can also help you request to amend your child's record Alphabet Soup 02/14/2010
 Special Education Law is all about acronyms. Here are the most important ones: BSEA: Bureau of Special Education Appeals C.F.R.: Code of Federal Regulations E.I.: Early Intervention ESY: Extended School Year FAPE: Free Appropriate Public Education FERPA: Family Educational Rights and Privacy Act IDEA: Individuals with Disabilities Education Act of 2004 IEE: Independent Evaluation IFSP: Individualized Family Service Plan IEP: Individualized Educational Plan LEA: Local education agency or school district LRE: Least Restrictive Environment LEP: Limited English Proficient M.G.L: Massachusetts General Laws OCR: Office of Civil Rights RTI: Response to Intervention SEA: State Department of Education SLD: Specific Learning Disability U.S.C.: United States Code | Search Past Articles
Loading
CategoriesAll ArchivesApril 2012 special education law blog, education law blog, education blog, special education rights blog |
