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

When your child is too sick (mentally or physically) to attend school, the school still has an obligation to educate your child in the home or hospital setting. 

There is no set number of hours the school must provide.  The amount of tutoring time must be individualized.

In order to qualify for home / hospital tutoring, your child's physician must submit written verification that your child is unable to attend school. 

The legal requirements of home / hospital tutoring are complicated. Learn more about home / hospital tutoring  by reading the Massachusetts Department of Education's Question and Answer Guide.  Then, if you have questions, contact the Boston area special education law office of Lillian E. Wong.

Question: My son is on an IEP for ADHD and a social / emotional disability.  My son's classroom teacher recently told me that unless my husband or I agree to chaperone my son's field trip he could not attend because he was "too much of a handful."  Is this legal?

Answer: No.  This sounds like disability-based discrimination.  Is the teacher requiring that all students in the class have a parent-chaperone or just your son?  My guess is that your son has been singled out.  If the teacher believes your son needs a 1-on-1  in order to safely attend the class field trip, the school must provide this accommodation.  Having a 1-on-1 is a reasonable accommodation that allows your son to continue to learn in the Least Restrictive Environment (LRE). 

If you believe the school is discriminating against your child, contact Massachusetts special education lawyer Lillian E. Wong today.

Question: My child receives transportation services on his IEP.  His bus ride takes an hour, sometimes more.  It's really hard for him to spend so much time on the bus, and I think it affects his ability to learn when he gets to school.  What can I do?  

Answer:  In Massachusetts, your child can only be on the bus for an hour, unless the IEP Team decides a longer bus ride is ok.  603 CMR 28.05 (8)(a).  In this case, it seems like a longer bus ride is affecting your child's right to a Free Appropriate Public Education.  Notify the school and the bus company (in writing) about your concerns.   Keep track of how long your child is on the bus each day.  Request an IEP meeting to discuss your son's transportation.  If the problem persists, contact a special education lawyer for help.

If you are concerned about your child's special education supports and services, contact the Boston area Law Office of Lillian E. Wong today.

Reader Question:
Can I still go to college if I have an IEP Diploma?

I'm just wondering what benefits can you get having that kind of diploma what can you do with it.

My Response:
I'm not sure what you mean by an IEP diploma. IEP means individualized education program. Some students on IEPs receive "regular" diplomas, while other students graduate under a modified program.

I would recommend that you take a look at your IEP. On one of the last pages there should be a section about "transition plans." Transition plans are the IEP teams goals for you after high school. Your school is legally required to help you figure out what you want to do after high school and help you get there. If you want to go to college, make sure that the IEP team knows that. You have the right to participate in IEP team meetings and give your input. If you are too intimidated to participate, your parents can represent your point of view to the IEP team.

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

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

The Problem
The school agrees that your child would benefit from a particular assistive technology or a 1-on-1 aide, but they just don't have the money in the budget for it this year.

What You Can Do
If your child needs an accommodation or services in order to make educational progress the school must provide it.  But remember, there is a legal difference between an educational benefit and an educational necessity.  If it is necessary, cost cannot be a reason for denying your request.  That doesn't mean that the school can't consider the cost of your request in certain circumstances.  For example, if you child requires assistive technology, you can't force the school to purchase the most expensive model, if a less expensive brand will meet your child's needs.

If you need a special education advocate in Massachusetts, contact Boston area attorney 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.

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:

My daughter is in public school and is a diabetic.  At the moment, the school nurse is insisting, and has had added to my daughter's health plan that a parent is required to escort her on all field trips. I thought the public school is supposed to make reasonable accommodations for persons with disability. So what if we can't go? Isn't discrimination if they leave her behind? I have every intention of hashing this out with them, however I'm just weighing my options in case they won't budge.

My Answer:

Yes, it does sound like the school in violation of Section 504 of the American's with Disabilities Act (ADA). It is discrimination to preclude an otherwise qualified individual with a disability the opportunity to participate in or benefit from an aid, benefit, or service that is not equal to that afforded others. 34 CFR 104.4 (b)(1)(ii).

I would recommend speaking contacting a special education attorney. You can find a list of special education lawyers in your area 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.