When you disagree with the school in a special education matter, there are a variety of ways you can try to resolve the dispute. The avenue you pursue may affect the outcome, so it's important to discuss the pros and cons of each approach with a special education attorney.
On December 7, 2017, the United States Department of Education ("U.S. DOE") published a document aiming to help parents and other stakeholders better understand the U.S. Supreme Court's decision in Endrew F. v. Douglas County School District, 137 S. Ct. 988.
Most special education disputes are not resolved in a hearing or court decision. Instead, the majority of special education disputes are resolved informally at IEP meetings or through settlement agreements. This outcome avoids the time, cost, and stress of litigation, and is usually the best solution for parents and school systems. Because the ultimate goal of this Wong & Boscarine is to help children obtain a Free Appropriate Public Education, these quiet victories are victories all the same
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Attorney Wong recently prevailed in a discovery dispute at the Bureau of Special Education Appeals ("BSEA"). The BSEA does not always publish its rulings, so this Order provides some insight into prehearing motion practice at the BSEA. The Ruling, In Re: Flavio & Beverly Public Schools BSEA #18-10763 (Byrne, 2018) can be read here.