Students With Disabilities

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Students with disabilities are protected by Section 504 of the Rehabilitation Act of 1973 and by ADA. They may also be covered by IDEA (Individuals with Disabilities Education Act) and by Massachusetts special education laws if the student's disability requires that they receive services in order to make progress in school. Special needs students who are eligible under IDEA and Mass law will have an IEP (Individual Education Program) developed by the Team. The IEP describes the special education and related services required for the student to make effective progress.  Students with IEP's also have protections in school discipline actions. For information on discipline, please refer to the Discipline category.  For more information on 504 and ADA, refer to the Discrimination category.

Special Education Law (specialedlaw.com) is a free search special for BSEA decisions and rulings, DESE guidance, laws, and regulations in Massachusetts. It was created and is maintained by Attorney Daniel S. Perlman, as a resource for parents, advocates, and attorneys. 

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Special Education Placement Options

Federation for Children with Special Needs
Information on placement options for students and deciding on the type of placement student needs.  This website provides easily accessible, accurate information about how to identify the appropriate educational placement for a child.  For some families, this includes when private day or…

Bay Path Vocational School BSEA 18-05746

HO Rosa Figueroa
Hearing Officer found in student's favor that Bay Path Vocational Technical High School attendance polices violated Section 504 and discriminated against the student.  To stop discriminating against students with disabilities who missed school for medical reasons, Bay Path was ordered to…

Administrative Advisory SPED 2019-2: Extended Evaluations

MA Department of Elementary and Secondary Education (DESE)
The Department of Elementary and Secondary Education (DESE) has received numerous questions from special education directors, directors of approved special education schools and other stakeholders regarding the use of extended evaluations, particularly when the extended evaluation is conducted at an…

Commonwealth Dual Enrollment Partnership

MA Department of Higher Education
The Massachusetts Commonwealth Dual Enrollment Partnership (CDEP) provides opportunities for Massachusetts high school students to take college-level courses for free or at a discounted price and earn credit toward high school completion and their future college degrees. CDEP eases…

School Discipline Resources - Mass Advocates for Children

Mass Advocates for Children
Webpage with school discipline resources including: laws and regulations; supplemental information and history; school dsicipline decisions by the Problem Resolution System (PRS) at MA DESE and by US DOE OCR.

Office for Civil Rights' (OCR) Case Processing Manual (CPM) Update 11/20/18

US DOE OCR
OCR issued a press release outling key revisions to the Case Processing Manual.  A very important change is eliminating sec 108(t) which was added in March 2018 and has allowed OCR to dismiss many complaints.   Key revisions to the CPM include the following: Requires OCR to…

Advisory 2019-1 Recovery High School and Students with Special Needs

MA DESE
The purpose of this advisory is to address special education service delivery for students with Individualized Education Programs (IEPs) who are attending or planning to enroll in recovery high school (RHS) programs. This guidance augments the regulations related to RHS programs, 603 CMR 54.00,…

DESE Ombudsperson for Children with Disabilities in Private School

MA DESE
The Department has appointed an ombudsperson, Russ Fleming, to facilitate communication with private schools, parents, and public school districts about the federal Individuals with Disabilities Education Act (IDEA) requirements regarding students with disabilities enrolled by their parents in…

Advisory on Endrew F. v. Douglas County School District RE-1, 2017 U.S. Supreme Court Decision of Special Education

MA DESE
On March 22, 2017, the U.S. Supreme Court issued its unanimous decision in Endrew F. v. Douglas County School District RE-1, 580 U.S. __, No. 15-827 (Mar. 22, 2017). The decision, written by Chief Justice Roberts, addresses the standard that school districts must meet in providing Individualized…

Halsey & Lenox Public Schools – BSEA # 16-05042

BSEA HO Lindsay Byrne

Dorian and Waltham Public Schools – BSEA #17-02306

BSEA HO Amy Reichbach
"BSEA Hearing Officer Amy Reichbach held that the communications and materials of non-lawyer special education advocates are subject to the protections of the work product doctrine.  The hearing officer reasoned that such protection is necessary in order to minimize the potential chilling effect…

An Imperative for Change: Bridging Special and Language Learning Education to Ensure a Free and Appropriate Education in the Least Restrictive Environment for ELLs with Disabilities in Massachusetts

Maria de Lourdes B. Serpa
A report published by the Gaston Institute for Latino Community Development and Public Policy outlining analysis and recommendations for providing FAPE in the least restrictive environment for ELLs that have disabilities.

US DOE OCR Resource Guide on Section 504

US Dept of Education Office for Civil Rights
Comprehensive guide for parents and educators on Section 504.  The resource guide summarizes key requirements of Section 504, and aims to increase understanding of these requirements for both parents and members of the school community.

Dear Colleague Letter and Resource Guide on Children with ADHD

US DOE
The US Department of Education receives many complaints about evaluations and FAPE for students with ADHD.  This Dear Colleague Letter and 35 page Resource Guide provide information on evaluating students with adhd and ensuring that school do not discriminate against them as required by Section…

DCL: FAPE and Alignment with State Standards

US DOE OSERS
Dear Colleague Letter from OSERS on FAPE and the definition of general education curriculum for children with disabilities as the same as that for nondisabled children.  "The cornerstone of the IDEA is the entitlement of each eligible child with a disability to a free appropriate public…

Autism Omnibus Bill

The Autism Omnibus Bill, signed by the governor on August 6, 2014, resulted from the work of the Autism Commission. The bill includes six pieces of legislation: Masshealth to cover medically necessary treatment for children with autism, including ABA Therapy and devices for communication; the…

DESE Technical Assistance Advisory 2014-5 Charter Schools and Students with Disabilitities

Mass Department of Elementary and Secondary Education (DESE)
Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program - 603 CMR 28.10(6) All Massachusetts public charter schools are required to accept, enroll, and serve students with disabilities and to provide a free and appropriate public education to those…

DESE Advisory 2014-3 Identifying the Need for Paraprofessional Support

Mass Department of Elementary and Secondary Education
Special Education Technical Assistance Advisory on the use of and training for paraprofessionals.  The purposes of this advisory are to: Advise school districts and parents about concerns regarding inappropriate utilization of paraprofessionals. Clarify when it may be…

Overview of Education Topics on MA DESE site

MA DESE PQA
Frequently asked questions on a wide array of education topics:  contacting Program Quality Assurance at MA DESE; extended school year; special education evaluations and eligibility; homeschooling; restraints; section 504 and contacting the Office for Civil Rights; links to laws and regulations;…

BSEA 12-9815 Dighton-Rehoboth Regional School Did Not Provide Transition Services

HO Ann Scannell
Hearing Officer Ann Scannell  issued a decision reported at 19 Massachusetts Special Education Reporter (MSER) 264 in which she found that Dighton-Rehoboth Regional School District failed to include in the student’s IEP the transition services to which he is entitled by law. His…

BSEA 13-00077 Paying Above State Rate for IEE -- Newton PS

H.O. Sara Berman
The Newton School District was ordered to pay the neuropsychologist's fee for an independent educational evaluation (IEE) above the state rate because of unique circumstances.  The descision states, "In the instant case, the record unequivocally shows that upon receipt of Parent’s IEE request of May…

Rights of Youth with Mental Health Needs Regarding Education and Special Education in Massachusetts

Mental Health Legal Advisors Committee
A comprehensive overview.which includes the following chapters: Eligibility Referral Evaluation IEP/ Services in School IEP Placement Options Transition Planning Chapter 688 Referral After School Programming School Disciplinary Actions Due Process…

Special Education Questions and Answers: Children's Issue's Series

Mass Advocates for Children
When should a special education evaluation be considered? Students having certain problems or issues at school and/or at home may be referred for a special education evaluation. Examples of such problems include: Not going to school Aggressive behavior Throwing tantrums, acting up,…

Unified Planning Teams (UPT) 101 CMR 17.00

MA EOHHS
Regulation on Unified Planning Teams (interagency teams) for children with complex needs. A child has complex needs if they are involved with at least three state agencies. "Involvement with a state agency consists of : (1) being determined eligible to receive services by a state…

Federal Special Ed Regulations 34 CFR Parts 300 and 301 Aug 14-2006

US Dept of Elementary and Secondary Education
Federal regulations to implement the Individuals with Disabilities Education Act (IDEA) reauthorized in 2004.

Lessard v. Wilton-Lyndeborough Coop School District 518 F3d 18 (1st Circuit 2008) 08-2244

LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR,District Judge
S. Lessard, a mutliply-handicapped student, attended Crotched Mountain Rehab Center in NH.  Parents advocated for her to move to a less restrictive environment, leaving Crotched Mountain and receiving home and community-based supports.  The appellate court found that Crotched Mountain provided FAPE…

C.G. & B.S. v. Five Town Communty School District 513 F.3rd 279 (1st Circuit) 07-1708

LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges
In a suit under IDEA, parents claim that school district (defendants) failed to provide a disabled student with a free and appropriate public education, judgment for defendants is affirmed where, although the individualized education plan created by the school district was incomplete, the…

Forest Grove School District v. T.A. 08-305

Supreme Court of the United States
Parents of a student with learning disablities removed him from the public school and placed him in a private academy when the district failed to provide services to meet his unique needs.  The court held that, "IDEA authorizes reimbursement for private special education services when a public…

Parents Notice of Procedural Safeguards prepared by MA DESE - 2010

MA DESE
Links to Parent Handbook of Parent Rights in several languages and memo from the state Special Education Director to all special education administrators about the updated Parent Notice of Procedural Safeguards (PNPS) which replaces the previous PNPS from 2008.  The memo advises the…

Education Acronyms

Massachusetts Advocates for Children
Following are the key acronyms for special education.   IDEA - Individuals with Disabilities Education Act DESE  -  Department of Elementary and Secondary Education ABA  -  Applied Behavior Analysis IEP - Individual Education Program OCR - Office for…

Irving Independent School District v. Tatro. 468 US 883 (1984)

US Supreme Court, Justice Rehnquist
Eight year old student with spina bifida required CIC (clean intermittent catherization) every three - four hours to prevent kidney damage.  The court determined that CIC was a related service under IDEA and not a medical service.  The court also determined that 504 was inapplicable…

Prior Written Notice Model Form

US Dept of Elementary and Secondary Education
Under 34 CFR §300.503(a), the school district must give parent a written notice, whenever the school district: (1) Proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2)…

Department of Developmental Services (DDS) regulations

DDS
115 CMR 2.01 Definitions; 115 CMR 6.04 General Eligibility

Dept of Mental Health Policies

EOHHS - DMH
Department of Mental Health Statutes, Regulations & Policies               

Autism Special Education Legal Support Center

Massachusetts Advocates for Children
A brochure describing the services offered by the Autism Special Education Legal Support Center (part of Massachusetts Advocates for Children). http://massadvocates.org/wp-content/uploads/2014/02/Autism-Brochure.pdf …

Link to IDEA 2004 Resources from the U.S. Dept. of Education

Troy R. Justesen, acting director of the Office of Special Education Programs (OSEP) for the Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education, would like to share with you an important message about a series of topic briefs regarding the Individuals with…

A Parent's Guide to Special Education - Spanish, Portuguese, English

Federation for Children with Special Needs and MA DESE
Website where guide can be downloaded in English, Spanish or Portuguese.

BSEA # 02-4323 Boston Public Schools and Waltham Public Schools

Bill Crane, Hearing Officer (BSEA)
BSEA hearing officer Bill Crane affirms jurisdiction to enforce settlement agreements, contra to Lindsay Burne, In re: Agawam Public Schools, 8 MSER 103 (SEA MA 2002).