Special Education Law in Massachusetts delivers the special education materials from School Law in Massachusetts in a compact and economical softcover format. This concise but comprehensive treatment provides an overview of special education law, examines practice and procedures at the Bureau of Special Education Appeals, and concludes with thoughtful, concrete, and detailed guidance on special education advocacy. Special education is of critical importance to Massachusetts families and communities, and Special Education Law in Massachusetts is your essential guide to this challenging but highly rewarding area of practice.
This latest version of the book brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
This latest version of the book brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
Highlights from the many developments addressed in this edition include
- a recent Supreme Court decision ruling that students need not exhaust their remedies under the Individuals with Disabilities Education Act (IDEA) in order to pursue Section 504 or Americans with Disabilities Act remedies that are not allowed under the IDEA;
- expanded guidance on the use of mediation and resolution meetings to resolve disputes at the Bureau of Special Education Appeals (BSEA);
- an updated BSEA standing order outlining the current procedures for electronic filing, including provisions for service on other parties and specific requirements for lengthy documents and hearing exhibits;
- the treatment of personally identifiable information in BSEA proceedings;
- the requirements of the BSEA 'five-day rule' authorizing the exclusion of evidence that has not been disclosed in a timely manner;
- notice requirements for parents seeking reimbursement for unilateral placements;
- an amendment to Massachusetts Rule of Professional Conduct 1.15A mandating the retention of 'files relating to the representation of a minor';
- school districts' requests for indemnification in connection with settlement agreements regarding minor children;
- updated references to Department of Elementary and Secondary Education (DESE) and federal resources for special education practitioners and parents; and
- requested waivers of compensatory services during a pandemic or other emergency disrupting educational services.
Table of Contents
Chapter 01 - An Overview of Special Education LawDaniel W. Ahearn, Esq.,
Checklist 1.1 - Special Education Eligibility Checklist
Checklist 1.2 - Checklist for Examining the Independent Evaluation Option
Checklist 1.3 - Services and Placements Checklist
Checklist 1.4 - Checklist for Special Education Hearings
Exhibit 1A - IDEA Discipline Outline
Chapter 02 - Practice Before the Bureau of Special Education Appeals
Sara P. Berman, Esq.,
Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq.,
Commonwealth of Massachusetts
Checklist 2.1 - Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule
Exhibit 2A - IEP Rejection/Nonresponse Packet and BSEA Mediation Options
Exhibit 2B - Hearing Rules for Special Education Appeals
Exhibit 2C - BSEA Standing Orders
Exhibit 2D - Hearing Request Form
Exhibit 2E - Notice of Hearing - Parent Inititated Hearing
Exhibit 2F - Notice of Hearing - School Inititiated Hearing
Exhibit 2G - Notice of Accelerated Hearing - Parent Initiated Hearing
Exhibit 2H - Notice of Accelerated Hearing - School Initiated Hearing
Exhibit 2I - Notice of Expedited Hearing - Parent Initiated Hearing
Exhibit 2J - Notice of Expedited Hearing - School Initiated Hearing
Exhibit 2K - LEA Notice of Hearing
Exhibit 2L - Advancement/Postponement Request Form
Exhibit 2M - Statement on the Effect of BSEA Decision and Rights of Appeal
Chapter 03 - Advocating on Behalf of Students and Parents
Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq.,
Kotin, Crabtree & Strong LLP
Checklist 3.1 - Checklist of Questions for Initial Review of Client’s Records
Exhibit 3A - Sample SPED Intake Form
Exhibit 3B - Feedback from BSEA Hearing Officers
Chapter 04 - Advocating on Behalf of School Districts
Rebecca L. Bouchard, Esq.,
Chicopee Public Schools
Checklist 4.1 - Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder
Exhibit 4A - Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD)
Exhibit 4B - Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder
Exhibit 4C - Transition Planning Form (TPF)
Exhibit 4D - Chart Showing Options for Disciplining Children with Disabilities
Exhibit 4E - Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations
Authors
DEI Commentator(s)Tere Ramos, Esq.
Ramos Law LLC, Wellesley Hills
Author(s)
Daniel W. Ahearn, Esq.
Wenham
Sara P. Berman, Esq.
Bureau of Special Education Appeals, Commonwealth of Massachusetts, Malden
Rebecca L. Bouchard, Esq.
Chicopee Public Schools, Chicopee
Robert K. Crabtree, Esq.
Jamaica Plain
Eileen M. Hagerty, Esq.
Kotin, Crabtree & Strong LLP, Newton
Alina Kantor Nir, Esq.
Commonwealth of Massachusetts, Boston
Rhoda E. Schneider, Esq.
Department of Elementary & Secondary Education, Commonwealth of Massachusetts, Everett
