<![CDATA[The Law Office of Lillian E. Wong <br />A Massachusetts Special Education Attorney

<![CDATA[The Law Office of Lillian E. Wong <br />A Massachusetts Special Education Attorney - Blog]]>Mon, 07 May 2012 06:30:18 -0500Weebly<![CDATA[Teacher "Bullying" Student]]>Mon, 23 Apr 2012 13:02:13 -0500http://www.lillianwongesq.com/1/post/2012/04/teacher-bullying-student.html

The Question
Parents and educational advocates often ask me what to do when a teacher is "bullying" a student.

Massachusetts' Bullying Law
Many people are surprised to learn that the Massachusetts Anti-Bullying law does not apply when teachers are "bullying" students. The Massachusetts Anti-Bullying law defines a "bully" as a "student," making it legally impossible for the teacher to be labeled a bully under this statute.

Reframing the Question
Just because the anti-bullying law does not apply to teacher/student interactions, doesn't mean the teacher is acting appropriately. When I'm told a teacher is bullying as student I always ask for a more detailed description about the teacher's actions.

Is the teacher refusing to implement the student's IEP or 504 accommodations? Then the teacher is denying the child a Free Appropriate Public Education (FAPE). Is the teacher continually making fun of the child's known or perceived disability? Then the teacher has committed disability-based harassment and discrimination. Is the teacher impermissibly sharing confidential information about the student? Then the teacher is violating the child's privacy rights under FERPA.

Getting Help
Before any parent makes allegations against a teacher, it's important to have a clear understanding of what events took place and what laws are implicated. It's also useful to corroborate reports of teacher "bullying" and provide supporting documentation to the school. If you have questions about the laws governing teacher/student interactions, contact the Boston area law office of Lillian E. Wong today.

]]><![CDATA[Attorney Wong Accepts Seat on Advisory Board of Autism Asperger's Digest]]>Thu, 05 Apr 2012 09:17:19 -0500http://www.lillianwongesq.com/1/post/2012/04/attorney-wong-accepts-seat-on-autism-aspergers-digest.html

Attorney Lillian Wong is pleased to announce that she has accepted seat on the advisory board of Autism Asperger's Digest.

AADigest debuted in 1999 as the first national magazine published for the autism community. Its purpose is to provide practical, actionable information to help parents and professionals improve the quality of life and quality of care for individuals on the autism spectrum. Temple Grandin, Ph.D is one of the magazine's regular contributors.

The AADigest Advisory Board is comprised of professionals, parent-professionals, parents and individuals with ASD. Attorney Wong is honored to be the only special education attorney on the board.

If you have a child with Autism, Aspergers, or PDD-NOS or any other Autism Spectrum Disorder and have questions about special education law and IEP rights, contact the North Shore Law Office of Lillian E. Wong today.

]]><![CDATA[Q&A: Stay Put and 45 Day Placements]]>Tue, 27 Mar 2012 11:24:48 -0500http://www.lillianwongesq.com/1/post/2012/03/qa-stay-put-and-45-day-placements.html

Question: My child has compicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true?

Answer: Yes, it is true. There are no stay-put rights to a 45 day placement. Unlike what the name implies, 45 day placements are evaluations, not placements for IEP purposes. Your child's stay-put placement is the last placement you and the district both agreed to.

If you have more questions about special education law and need help advocating for the placement your child needs, contact the Boston area Law Office of Lillian E. Wong.

]]><![CDATA[504 Eligibility - OCR Emphasizes Broader Coverage]]>Mon, 30 Jan 2012 15:17:06 -0500http://www.lillianwongesq.com/1/post/2012/01/504-eligibility-ocr-emphasizes-broader-coverage.html

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.

]]><![CDATA[Continuing Education]]>Wed, 18 Jan 2012 13:19:38 -0500http://www.lillianwongesq.com/1/post/2012/01/continuing-education.html

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.

]]><![CDATA[How Many Hours of Home / Hospital Tutoring Does the School Have to Provide?]]>Tue, 17 Jan 2012 13:26:55 -0500http://www.lillianwongesq.com/1/post/2012/01/how-many-hours-of-home-hospital-tutoring-does-the-school-have-to-provide.html

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.

]]><![CDATA["Stay Put" Rights In Massachusetts]]>Fri, 13 Jan 2012 15:46:33 -0500http://www.lillianwongesq.com/1/post/2012/01/stay-put-rights-in-massachusetts.html

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.

]]><![CDATA[Top 10 Blog Posts of 2011]]>Wed, 04 Jan 2012 03:00:39 -0500http://www.lillianwongesq.com/1/post/2012/01/top-10-blog-posts-of-2011.html

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:

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

]]><![CDATA[MA DOE Says "No" to Procedures Lite]]>Tue, 03 Jan 2012 03:00:35 -0500http://www.lillianwongesq.com/1/post/2012/01/doe-says-no-to-procedures-lite.html

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.

]]><![CDATA[DLC Releases Transition Manual]]>Sun, 20 Nov 2011 10:09:46 -0500http://www.lillianwongesq.com/1/post/2011/11/dlc-releases-transition-manual.html

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.

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