Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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BR-109816

BOR (Board of Review)
Board reversed R/E ruling that claimant was discharged for rule violation.  Board reversed on the ground that the employer did not adequately prove that the claimant was intoxicated at work (but note that there were contradictory findings). The employer rule was that any positive test…

BSEA #09-7983 Sutton

William Crane Hearing Officer
Hearing Officer (HO) determined that parents were entitled to reimbursement for program they privately provided for thei son, who was a 13 year old boy with severe neurological deficits, including apraxia, gross motor and need for help with activities of daily living (ADL's).  The district…

DDS Eligibility Decision by H.O. Hudgins 2010-29

Marcia Hudgins
 DDS eligibility decision summary – Hudgins 2010-29 Outcome: IneligibleKeyword: manifestation before age 18Hearing Officer: Marcia HudginsCounsel present for Appellant: Yes (Both names redacted)Counsel present for DDS: Yes, C.J. Gange, Esq.Appellant present: NoHearing Officer…

DDS Eligibility Decision by H.O. Adamo 2010-38

Jeanne Adamo
  DDS Eligibility Decision by H.O. Adamo 2010-38 Outcome: Ineligible Keyword: score discrepancy; mental health; ADHD Hearing Officer: Jeanne Adamo Counsel present for Appellant: No Counsel present for DDS: Yes, Elizabeth Duffy, Esq. Appellant present: No; Appellant’s…

DDS Eligibility Decision by H.O. Silver 2010-2

Elizabeth Silver
DDS Eligibility Decision by H.O. Elizabeth Silver 2010-2 Outcome: Ineligible Keyword: PDD, distraction during testing, behavioral issues Hearing Officer: Elizabeth Silver Counsel present for Appellant: N/A Counsel present for DDS: John C. Geenty, Jr. Appellant present:…

DDS Eligibility Decision by H.O. Silver 2010-12

Elizabeth Silver
  Silver 2010-12 Outcome: ineligible Keyword: adaptive functioning, FSIQ Hearing Officer: Elizabeth Silver Counsel present for Appellant: yes Counsel present for DDS: James Bergeron Appellant present: no Hearing Officer Decision: 2010 Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo 2010-6

Jeanne Adamo
DDS Eligibility Decision by H.O. Adamo -- 2010 Outcome: ineligible Keyword: unusual IQ test; underlying psychiatric deficits Hearing Officer: Jeanne Adamo Counsel present for Appellant: yes (redacted) Counsel present for DDS: James Bergeron Appellant present: yes Hearing Officer…

DDS Eligibility Decision by H.O. Silver, 2010-9

Elizabeth Silver
DDS Eligibility Decision by H.O. Elizabeth A. Silver, 2010-9 Outcome: Ineligible, Appeal Denied Keyword: functional impairment,variability in IQ scores Hearing Officer: Elizabeth A. Silver Counsel present for Appellant: Counsel present for DDS: Patricia Oney Appellant present:…

DDS Eligibility Decision by H.O. Hudgins, 2010-18

Marcia Hudgins
DDS Eligibility Decision by H.O. Hudgins, 2010-18 Outcome: ineligible Keyword: PDD, language disability, learning disability Hearing Officer: Hudgins Counsel present for Appellant: Yes, no name Counsel present for DDS: Barbara Green Whitbeck Appellant present: Yes Hearing…

DDS Eligibility Decision by H.O. Hudgins, 2010-23

Marcia Hudgins
DDS Eligibility Decision by H.O. Hudgins, 2010-23Outcome: ineligibleKeyword: thought disorder, depressionHearing Officer: HudginsCounsel present for Appellant: Maria FournerCounsel present for DDS: Barbara Green WhitbeckAppellant present: noHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo, 2010-31

Jeanne Adamo
DDS Eligibility Decision by H.O. Adamo, 2010-31 Outcome: ineligible Keyword: nonverbal learning disability, consistent IQ scores above 70 Hearing Officer: Adamo Counsel present for Appellant: No Counsel present for DDS: Maria Blanciforte Appellant present: No Hearing Officer…

DDS Eligibility Decision by H.O. Silver 2010-39

Elizabeth Silver
DDS Eligibility Decision by H.O. Elizabeth Silver 2010-39 Outcome: Ineligible Keyword: autism, discrepancy in IQ scores, low verbal scores Hearing Officer: Elizabeth Silver Counsel present for Appellant: No Counsel present for DDS: Barbara Green Whitbek Appellant present:…

DDS Eligibility Decision by H.O. Adamo 2010-26

Jeanne Adamo
Outcome: Ineligible Keyword: IQ; domicile Hearing Officer: Jeanne Adamo Counsel present for Appellant: No Counsel present for DDS: Barbara Green Whitbeck, Esq. Appellant present: No Hearing Officer decision: 2010 Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo and Silver 2010-33

Adamo and Silver
2010 - 33 DDS Eligibility Decision by H.O. Adamo/Silver Outcome: ineligible Keyword: verbal learning disability, subtest score discrepancy Hearing Officer: Jeanne Adamo / Elizabeth Silver Counsel present for Appellant: Michael J. Roy Counsel present for DDS: John C. Geenty,…

DDS Eligibility Decision by H.O. Mackiernan 2010-36

Sara Mackiernan
  Outcome: ineligibleKeyword: mental healthHearing Officer: Sara MackiernanCounsel present for Appellant: Yes, redactedCounsel present for DDS: James BergeronAppellant present: noHearing Officer decision: 2010Commissioner letter: 2010 IQYearTestAgeScoreDiagnosis regarding MR in report…

DDS Eligibility Decision by H.O. Hudgins 2010-3

Marcia Hudgins
DDS Eligibility Decision by Marcia A. Hudgins, 2010-3 Appeal DENIED Keyword: psychiatric factors affecting testing, lack of focus and concentration affecting testing; variable full scale IQ scores Hearing Officer: Marcia A. Hudgins Counsel present for Appellant: Counsel present for…

DDS Eligibility Decision by H.O. Silver 2010-13

Elizabeth Silver
    Silver 2010-13 Outcome: ineligible Keyword: high IQ scores, adaptive functioning Hearing Officer: Elizabeth Silver Counsel present for Appellant: No Counsel present for DDS: John Geenty, Jr. Appellant present: yes Hearing Officer Decision:…

DDS Eligibility Decision by H.O. Adamo-7

Jeanne Adamo
DDS Eligibility Decision by H.O. Adamo 2010-7Outcome: ineligibleKeyword: psychiatric diagnosesHearing Officer: Jeanne AdamoCounsel present for Appellant: no, but advocateCounsel present for DDS: Elizabeth DuffyAppellant present: yesHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Silver in 2010-10

Elizabeth Silver
DDS Eligibility Decision by H.O. Silver in 2010-10 Outcome: ineligible Keyword: Spread in scores, verbal versus none verbal score discrepancy, IQ tests Hearing Officer: Elizabeth Silver Counsel present for Appellant: Yes, name redacted Counsel present for DDS: C.J. Gagne Appellant…

DDS Eligibility Decision by H.O. Mackiernan, 2010-19

Sara Mackiernan
DDS Eligibility Decision by H.O. Mackiernan, 2010-19Outcome: ineligibleKeyword: consistent IQ scores above 70Hearing Officer: MackiernanCounsel present for Appellant:Counsel present for DDS: James BergeronAppellant present: noHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Mackiernan, 2010-24

Sara Mackiernan
DDS Eligibility Decision by H.O. Mackiernan, 2010-24Outcome: ineligibleKeyword: mental illnessHearing Officer: MackiernanCounsel present for Appellant: yes, no nameCounsel present for DDD: Allegra MunsonAppellant present: YesHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo, 2010-32

Jeanne Adamo
DDS Eligibility Decision by H.O. Adamo, 2010-32 Outcome: ineligible Keyword: improper test administration, PDD, test score scatter Hearing Officer: Adamo Counsel present for Appellant: No Counsel present for DDS: Barbara Green Whitbeck Appellant present: Yes Hearing Officer…

DDS Eligibility Decision by H.O. Silver in 2010-10

Elizabeth Silver
DDS Eligibility Decision by H.O. Silver in 2010-10 Outcome: ineligible Keyword: Spread in scores, verbal versus none verbal score discrepancy, IQ tests Hearing Officer: Elizabeth Silver Counsel present for Appellant: Yes, name redacted Counsel present for DDS: C.J. Gagne Appellant…

DDS Eligibility Decision by H.O. Adamo 2010-15

Jeanne Adamo
    Outcome: Ineligible Keyword: mental health; ADHD Hearing Officer: Jeanne Adamo Counsel present for Appellant: No; Appellant’s social worker Sean Dugan was present Counsel present for DDS: Yes, Barbara Green Whitbeck, Esq. Appellant present: Yes Hearing…

DDS Eligibility Decision by H.O. Silver 2010-28

Silver
  DDS eligibility decision summary – Silver 2010-28   Outcome: Ineligible Keyword: adaptive functioning; FSIQ Hearing Officer: Elizabeth A. Silver Counsel present for Appellant: Yes (name redacted) Counsel present for DDS: Yes, Maria Blanciforte,…

DDS Eligibility Decision by H.O. Hudgins 2010-35

Hudgins
 DDS Eligibility Decision by H.O. Marcia Hudgins 2010 -35Outcome: ineligibleKeyword: high IQHearing Officer: Marica A. HudginsCounsel present for Appellant: NOCounsel present for DDS: Barbara Green WhitbeckAppellant present: yesHearing Officer Decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Silver 2010-1

Elizabeth Silver
DDS Eligibility Decision by H.O. Elizabeth Silver 2010 Outcome: Ineligible Keyword: range of IQ scores, drop in IQ scores Hearing Officer: Elizabeth Silver Counsel present for Appellant: N/A Counsel present for DDS: John C. Geenty, Jr. Appellant present: Yes Hearing Officer…

DDS Eligibility Decision by H.O. Silver 2010-11

Elizabeth Silver
  Silver 2010-11 Outcome: ineligible Keyword: adaptive functioning, score discrepancy Hearing Officer: Elizabeth Silver Counsel present for Appellant: no Counsel present for DDS: Patricia Oney Appellant present: yes Hearing Officer Decision: 2010 Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo 2010-4

Jeanne Adamo
 DDS Eligibility Decision by H.O. Jeanne Adamo, 2010-4Outcome: IneligibleKeyword: domicileHearing Officer: Jeanne AdamoCounsel present for Appellant: Yes, but redactedCounsel present for DDS: Elizabeth Duffy, Esq.Appellant present: YesHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Adamo 2010-8

Jeanne Adamo
  DDS Eligibility Decision by H.O. Adamo – 2010-8 Outcome: ineligible Keyword: borderline IQ; variable IQ scores Hearing Officer: Jeanne Adamo Counsel present for Appellant: no, but ed advocate Counsel present for DDS: James Bergeron Appellant present: yes Hearing…

DDS Eligibility Decision by H.O. Hudgins 2010-17

Marcia Hudgins
DDS Eligibility Decision by H.O. Hudgins, 2010-17 Outcome: ineligible Keyword: Lack of test report, learning disability, mental illness Hearing Officer: Hudgins Counsel present for Appellant: Bob Cheney Counsel present for DDS: James Bergeron Appellant present: Yes Hearing…

DDS Eligibility Decision by H.O. Adamo, 2010-22

Jeanne Adamo
DDS Eligibility Decision by H.O. Adamo, 2010-22Outcome: ineligibleKeyword: variability of IQ scoresHearing Officer: AdamoCounsel present for Appellant: noCounsel present for DDS: Elizabeth DuffyAppellant present: yesHearing Officer decision: 2010Commissioner letter:…

DDS Eligibility Decision by H.O. Marsh Hudgins, 2010-25

Marcia Hudgins
DDS Eligibility Decision by H.O. Marsh Hudgins, 2010-25 Outcome: Ineligible Keyword: expert qualification,  closely related developmental condition, autism, substantial evidence, legal standard, remand by Commissioner Hearing Officer: Marsh Hudgins Counsel present for Appellant:…

DDS Eligibility Decision by H.O. Silver 2010-37

Elizabeth Silver
DDS Eligibility Decision by H.O. Elizabeth Silver 2010-37 Outcome: Ineligible Keyword: adaptive skill functioning, adaptive skills tests Hearing Officer: Elizabeth Silver Counsel present for Appellant: N/A Counsel present for DDS: Cynthia Gagne Appellant present: Yes Hearing…

DDS Eligibility Decision by H.O. Adamo 2010-16

Jeanne Adamo
Outcome: Eligible Keyword: blind; Autism Spectrum Disorder Hearing Officer: Jeanne Adamo Counsel present for Appellant: Yes; Appellant’s parents also present Counsel present for DDS: Yes, Barbara Green Whitbeck, Esq. Appellant present: Yes Hearing Officer Decision:…

BSEA #09-7499 Natick

Sara Berman, Hearing Officer
Decision concerns a 21 year old student with severe ADHD and low average iq.  Parents placed him unilaterally at the Riverview School GROW program as a residential student and sought reimbursment from Natick.  The HO determined that the town had to reimburse parent for Riverview tuition…

BR-110511 -- CWOF disposition not grounds for UI denial

BOR (Board of Review)
This decision addresses the specific issue of a "Continued Without a Finding (CWOF)" disposition. The RE determined that because the claimant "admitted to sufficient facts" as required by the CWOF, that his course of conduct was voluntary and the claimant contructively…

09-3554 Milton Public Schools

Sara Berman, Hearing Officer
16 year old boy placed by parents at Learning Prep.  HO agreed with parents and ordered that Milton reimburse them for tuition and transportation costs.Student had NVLD and struggled in Milton PS program.  He was evaluated by Jason McCormick who recommended a program that could provide…

BSEA #09-3926 Attleboro Public Schools

Raymond Oliver, Hearing Officer
Sole issue was if the district had to pay for an independent evaluation (IE) for a child who received free or reduced price lunch or whose parents were below 400% of poverty.  The HO determined that Massachusetts law gives such parents the right to a publicly funded IE even if they do not…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 25

DHCD
Includes all decisions made between November 18, 2008 and May 18, 2009.

BR-108922 (4/30/09)

BOR (Board of Review)
Claimant was able and available for work, even though she restricted her work search to certain part-time hours due to her child’s disability.

BSEA #08-5330 Dracut Public School

William Crane Heraing Officer
Hearing Officer found that student with Aspergers Syndrome was entitled to two years of compensatory services to provide transition support that he did not receive previously although evaluations and student's progress indicated he needed these services.

BR-108064

BOR (Board of Review)
The issues on appeal are whether the claimant's part-time work for this employer is suitable employment, and whether he is in partial unemployment.  Claimant had been an experienced salesperson with a masters degree in business and marketing who was now performing part-time work as a…

BSEA #09-3109 Worcester Public Schools

William Crane Hearing Officer
Question if student required a residential placement as requested by the mother through her attorney, Tim Sindelar.  Stuident is an 8 year old 2nd grade student with psychiatric disabilities and "profound deficits in self-regulation."  The HO determined that with intensive home-based…

BSEA 09-1335 Ruling Regarding Parent Observation

William Crane Hearing Officer
Weymouth parent requested that she be able to observe her child's program (child had PDD-NOS) for 13 hours and school refused.  Parent went to hearing pro se, and the Hearing Office, Bill Crane, ruled that Weymouth must provide access to the parent for the amount of time requested. …

DMR Eligibility Decision by H.O. Hudgins, January 11, 2009

Marcia Hudgins
DMR Eligibility Decision by H.O. Hudgins, January 11, 2009 Outcome: Ineligible Keyword: Flynn effect Hearing Officer: Marcia Hudgins Counsel present for Appellant: Yes – Deborah Filler Counsel present for DMR: Yes – Kim LaDue Appellant present: No Hearing Officer…

DHCD Tenant Selection Adjudicatory Hearing Decision Index, Volume 24

DHCD
Includes all decisions made between May 25, 2008 and November 17, 2008.

Decisions and Rulings of the Bureau of Special Education Appeals.

BSEA
Links to the decisions and rulings of the Bureau of Special Education Appeals issued from 1998 to the present.  Information is searchable by year, a decision number or any text in the decision.

DMR Eligibility Decision by H.O. MacKiernan 10 3 08

MacKieran
Outcome: Eligible Keyword: domicile Hearing Officer: Sarah MacKiernan Counsel present for Appellant: Lisa M. Cukier Counsel present for DMR: Patrick Murphy Appellant present: Hearing Officer decision: Oct. 3, 2008 Appeal confirmed by Commissioner: Nov. 17, 2008 The appellant lived in both Mass.…

Office of Administrative Law Judge Immigration Law Collection

United States Department of Labor, OALJ
This collection contains decisions and research materials on immigration-related adjudications conducted by the Boarad of Alien Labor Certification Appeals and individual ALJ's.