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

 
 
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Yesterday's Boston Globe Sunday Magazine had a very interesting article about early-childhood mental health and treatment.  To read the entire article click here.

My comments:

Early intervention programs for learning disabilities have been proven effective scientifically, which saves taxpayers money. I believe the same will be proven true for emotionally disturbed children.
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The Op-Ed:

Hold up on cuts to special needs

My response to those complaining that medical insurance should pay for disabled students' medical care while at school:

The laws and regulations governing what constitutes a special education cost are complex.    For example, surgically implanted medical devices, like cochlear implants cannot be funded through special education.  However, school nurse services such as catheterization or blood pressure monitoring may be considered a related service under the Individuals with Disabilities Education Act (IDEA) if such services are necessary for a child to access special education.
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The Article:

Sensory processing disorder is real to thousands of kids - The Boston Globe

My thoughts:
I am interested to know what kind of services, if any, Ana receives from her public school. The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent seems like it should apply in this case. I am a special education lawyer and help children like Ana and her parents advocate for their legal right to free and appropriate education. While a DSM addition would certainly help children like Ana receive appropriate accommodations, it is not legally necessary.
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Beginning this Monday, January 11th at 7:35am, Boston's public radio station WGBH  will begin a 10-part series on called Educating Everyone: The Struggles and Costs of Special Education in Massachusetts.
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When parents request a necessary, but expensive program or service for a child the school district often claim that they don't have the funding.  This response has become even more prevalent during the current economic recession.   Not only is this excuse impermissible under the Individuals with Disabilities Education Act (IDEA), it may not be true.  A recent Wall Street Journal article reports that school districts have been "redirecting" millions of dollars meant for special education students.  What's more, President Obama has increased IDEA funding by $11.3 billion for the next year.  The bottom line: if your child has a disability covered by IDEA your child is entitled to a Free and Appropriate Education (FAPE).   Cost should never be a factor.
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Parents and advocates are often too quick to view teachers as the opposition instead of the child's greatest potential ally.   Teachers in Dedham demonstrated their commitment to educating students when they filed a complaint with the Department of Education against their Superintendent for her failure to implement thirteen childrens' IEPs.

See the complete Boston Globe story here.

The school district has agreed to provide the children with compensatory education.  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.

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