On January 19, 2012 the Office of Civil Rights (OCR) released a "Dear Colleague" letter emphasizing the expanded definition of a disability under the 2008 Amendments of the Americans with Disabilities Act.

OCR also released a Question and Answer Guide on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.

Within the Question and Answer Guide, I was pleased to see OCR emphasize that "Grades alone are an insufficient basis upon which to determine whether a student has a disability," and that "Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades."  Often, school districts will deny 504 and IEP eligibility because the child is receiving good grades.  This OCR document provides support that the report-card-only eligiblity test is not permissible.

If you have question about whether your child qualifies for 504 accomodations or special education services, contact the Boston area Law Office of Lillian Wong today.

Special education law is always changing.  That's why the best special education lawyers and advocates never stop learning.

In order to better advocate for her clients, Attorney Wong  attends conferences and connects with other special education experts. 



Here is a sampling of presentations Ms. Wong has recently attended:

• Functional Behavioral Assessments presented by Mariela Vargas-Irwin, Psy.D., BCBA
• Anti-Bullying Prevention and Intervention presented by Massachusetts Advocates for Children
• The Language of Math presented by Elaine Holden, PhD
  
• Beyond Discrete Trials presented by Jill E. McGrale Maher, M.S., BCBA

If you have questions about your child's IEP or 504 plan, contact the Boston area law office of Lillian E. Wong today.

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.

What is "Stay-Put"?
Stay-put is the right to keep your child in his or her current special education placement and/or receive your child's current special education services, even if the school proposes to change the placement or remove the services. 

When Does "Stay-Put" Apply?
Stay-put only applies when the school has offered and the parent has accepted the previous placement and services.  Therefore, there is no right to "stay-put" if the child has not been found eligible for special education, if the school is proposing an initial IEP, or if  parents have always rejected the IEP proposal outright.  In these  situations, there is no "previously agreed-to" placement or services, so there are no stay-put rights.

Massachusetts vs. Federal Law
Under Federal law, stay-put rights apply only when parents have filed a due process hearing request.  Massachusetts law provides more rights for parents and students.  In Massachusetts, once the parents reject the IEP, they can invoke stay-put.

If you have questions about stay-put rights or need help navigating the special education process, contact the Boston area Law Office of Lillian E. Wong today.

What were the most popular topics of 2011? 


By far, Procedures Lite dominated readers' attention.  Thankfully, the Massachusetts DOE were also paying attention and by the end of 2011 advised against this broad waiver of special education rights.



 Didn't get a chance to read them all?  Here's the list in order of popularity:

1. Procedures Lite - Parents Beware! (971 page views)
2. Advocate vs. Attorney - What is the Difference? (377 page views)
3. Massachusetts' Anti-Bullying Law's IEP Requirements (344 page views)
4. Rejecting an IEP (341 page views)
5. School Choice in Massachusetts (224 page views)
6. Can I Go to College if I have an "IEP Diploma?"  (185 page views)
7. Education Law and ADD/ADHD Medication (160 page views)
8. Can Teachers Talk to my Child about ADD/ADHD Medication? (137 page views)
9. Massachusetts' Law on Physical Restraint (134 page views)
10. Due Process Hearings - What to Expect (131 page views)

If you have questions about any of these special education legal issues, contact the Boston area Law Office of Lillian E. Wong today.

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.

The Massachusetts Disability Law Center  recently published an online manual on special education transition services.   You can access the entire document here. 

The Manual
The Manual is based on Massachusetts and federal law, but advocates in other jurisdictions may find it to be useful as well. This Manual is written for parents and students who are advocating for better transition services, including social, vocational and independent living skills. It is written in an easy-to-understand format but also contains “Endnotes” and an Appendix at the end of the Manual with legal information for attorneys and experienced advocates.

The Manual was edited by the Disability Law Center (DLC), in partnership with the Federation for Children with Special Needs, the Institute for Community Inclusion, and Massachusetts Advocates for Children. It was written by the Northeastern University School of Law Legal Skills in Social Context program.

Transition Services
State and Federal law require that a student's IEP contain measurable post-secondary goals and services called a "transition plan" when the child reaches a certain age (14 in Massachusetts). 

In my experience, some schools completely overlook this requirement  while other schools' transition goals and services are inadequate to prepare the student for life after high school.  This manual is an excellent resource for parents, advocates, and attorneys advocating for transition rights.

If you have questions about your child's transition plan and special education rights, contact Massachusetts special education lawyer Lillian E. Wong today.

Case Name:   In re: Rick  (BSEA #11-6535)                                  Foxborough Public Schools
Decision Date:     September 2, 2011
Hearing Officer:   Raymond Oliver
Representation:  Thomas Nuttall,  School Attorney
                                 Parents, Pro Se

Issue Presented:  
Does school's proposed IEP provide a free appropriate public education (FAPE) in the least restrictive environment (LRE)?

Decision:                
Yes, the IEP provides FAPE.  To quote the Hearing Officer, "I find that in all school areas, Rick is truly a success story."  In response to Mother's previous multi-page IEP rejections the Hearing Officer writes, "An IEP is designed to be a functional blueprint for addressing a student's special education needs, not an encyclopedia."

My Comments:
This decision highlights a common situation when school districts will request a BSEA hearing.  In this case, there were five years of partially rejected IEPS and various assertions of stay-put during appeal.  The school was confused about what portions of the IEP they were supposed to be implementing.  The Hearing Officer agreed that this situation was "unworkable."  With this decision, the school has a "clean IEP" and a clear understanding of what program to implement.

Remember, the best special education attorneys in Massachusetts consistently review and analyze hearing decisions by the Massachusetts Board of Special Education Appeals (BSEA).  Hearing decisions provide insight into the litigation interests of school districts, their attorneys, and the legal reasoning of hearing officers.  If you have a question about your child's special education rights, including the right to stay-put, contact Massachusetts special education Lawyer Lillian E. Wong today.

The Massachusetts Bureau of Special Education Appeals has released its statistics for its fiscal 2011 year.   From July 1, 2010 until  June 31, 2011 the BSEA received 8,348 rejected IEPs, an increase of 473 over the past  year. 

The statistics reveal that the majority of rejected IEPs resulted in a resolution long before a hearing decision was issued, and if the dispute reached the hearing stage the school district was likely to prevail.  809 cases voluntarily participated in mediation and 86% ended in a legally binding agreement. 544 parties requested hearings, but the vast majority of disputes were resolved before a decision was issued.  Only 35 hearing decisions were issued and the school district prevailed outright in 63% of the time, the parents prevailed in 20% of the decisions, and 17% of the time mixed relief was granted.
 
School districts were represented by counsel 100% of the time.  Of the 22 cases where the school districts fully prevailed, parents were represented by an attorney in 9 cases (40% of the time).  Of the 7 cases where parents fully prevailed, parents were represented by counsel in 5 cases (71% of the time).  These statistics highlight the importance working with a special education lawyer when pursuing a due process claim.

Read the entire report here.

If you are considering filing a due process request with the Massachusetts Board of Special Education Appeals, contact the North Shore special education Law Office of Lillian E. Wong today.

The U.S. Department of Education (DOE) recently published a report suggesting was for states and school district to increase opportunities for children with disabilities to participate in PE and athletics. The report is called Creating Equal Opportunities for Children and Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics. 

Within the report, the DOE emphasizes the need for accessible facilities and equipment,  professional development and a continuum of inclusive program options.  Read the entire document here.

Remember, the Individuals with Disabilities Education Act (IDEA) includes instruction in physical education as part of the definition of special education.  Therefore, a student's IEP must include goals and accommodations for PE if such instruction is needed.  This new DOE report recommends that general and adaptive physical education teachers participate in IEP team meetings and help develop IEP goals and accommodations for children whose disabilities affect their ability to access the general physical education curricula.

If you believe your child's school is not providing equal opportunities in physical education, contact the Boston area Law Office of Lillian E. Wong today.