FAPE

Available Resources vs. FAPE

Available Resources vs. FAPE

The Individuals with Disabilities Education Act (IDEA) requires school districts to meet the needs of students with disabilities without regard to the cost. The law refers to this as a Free Appropriate Public Education or FAPE. The FAPE mandate is at constant odds with the reality of limited school district budgets. Oftentimes, parents are told by their district that the district’s IEP proposal does meet the student’s needs, but the parents suspect the services and placement offered in the IEP are simply a reflection of the programs and services available in the district.

Requesting a Unilateral Placement

Requesting a Unilateral Placement

Whether or not the Parents are entitled to reimbursement is a complicated legal question. The notice to the District must meet certain procedural requirements. I would NEVER recommend a unilateral placement without working with a special education attorney or a seasoned special education advocate. If Parents' notice is not sufficient, they are not entitled to reimbursement.

Back to School Legal Landmines in a COVID-19 World

Back to School Legal Landmines in a COVID-19 World

On Monday August 31st Lillian Wong, Esq. will be a featured speaker at the MCLE 60-Minute Lawyer, “Back to School Legal Landmines in a COVID-19 World,” representing the parent and student legal perspective. Catherine Lyons , Esq. of Lyons & Rogers LLC in Rockland and Michael Long of Long & DiPietro LLP in Hingham will represent the school district perspective.

Homeschooling, IEPs, and Education Law in Massachusetts: 5 Things You Should Know

Homeschooling, IEPs, and Education Law in Massachusetts: 5 Things You Should Know

Back-to-school season is upon us, but this year is unlike any other. Due to concerns about health, safety, and the effectiveness of remote, hybrid, and socially distanced learning, many more parents are considering homeschooling. Before you make that decision, here are five things you should know about homeschool and special education law in Massachusetts:

Understanding Special Education Test Scores Part 2: Academic Testing

Understanding Special Education Test Scores Part 2: Academic Testing

In Part 1 of this series, we explained that under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential" One way to measure a student’s potential is through cognitive or intellectual testing.