Federal and state laws require all public school districts to identify students who may be eligible for special education services, to evaluate those students with parental consent, and to provide each student with a free, appropriate, public education (FAPE) through an Individualized Education Program (IEP) that “is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

School districts are also required to provide access for special education students to general education classes and opportunities as much as is appropriate for the student. However, in some cases, a student cannot learn effectively in-district and their school district will be required to find an out-of-district, private school for their placement.

The law does not require school districts to offer students the best program available, and school districts are not required to create IEPS that maximize a child’s progress. However, school districts are required to ensure that all special education students have “appropriately ambitious” IEP goals and that they are making progress that is reasonable in light of each child’s unique potential.

If you are concerned that your child is not receiving a FAPE, please contact us to schedule a free consultation.

Prior to the passage of special education laws, school districts could legally exclude students from being able to attend public schools solely due to the student’s disabilities. The passage of what is now known as the Individuals with Disabilities Education Act (IDEA) was a huge civil rights victory for all students, and it ensured that students with disabilities would be able to access public educational programming.

The law requires that IEP Teams offer students special education programs in the “Least Restrictive Environment” (LRE) to the “maximum extent appropriate.”

Many of our clients seek to have their child placed in either a less restrictive or more restrictive placement. If you are concerned about your child’s IEP or placement, please contact us for a consultation.

One of the main questions many of our clients have is how to assess whether their child’s IEP is appropriate.

Following our initial consultation, we will review your child’s records and conduct a case assessment to help you better understand if your child’s IEP is legally adequate. If it does not appear to be, we can provide you with suggestions, strategies, and resources to help you improve your child’s IEP. If you are concerned about your child’s IEP, please contact us for a consultation.

A qualified educational advocate will assist parents with all aspects of IEP development, including attending Team meetings with parents and advising parents on how to respond to proposed IEPs. Educational advocates are typically not lawyers. Many advocates have gained valuable insight about the IEP process through their own experience as a parent and/or through additional training offered by parent advocacy groups.

Often educational advocates help parents navigate the Team process successfully and can help families avoid needing more formal legal assistance.

Parents generally seek assistance from a special education attorney when there is a disagreement between a parent and a school district as to whether an IEP offers an appropriate program, or when families are looking to obtain significant public funding for an out-of-district placement. Unlike advocates, most attorneys do not typically attend Team meetings.

Special education attorneys typically represent clients outside of the Team process and at the Bureau of Special Education Appeals (BSEA). Although not necessary in each case, the family may continue working with both their educational advocate and special education attorney if they would like to do so. If you are concerned about whether you may require the assistance of a special education attorney, please contact us for a consultation.

The Bureau of Special Education Appeals (BSEA) is a state agency in Massachusetts that helps parents and school districts resolve disagreements related to IEPs, 504 plans, and other matters involving students with disabilities and their educations.

The BSEA offers informal dispute resolution through a process called mediation. BSEA mediation is free and voluntary, and it allows parents and school districts to try to reach a resolution quickly and cost-effectively with the help a neutral mediator.

The BSEA also offers formal dispute resolution by allowing parents or schools districts to request administrative due process hearings. Parents and school districts can request a due process hearing if they are unable to resolve their dispute through other channels. The BSEA issues a written decision after each hearing.

We strongly recommend any parent considering filing for a due process hearing to consult with an attorney first as the process can be complicated. If you have concerns about filing for a BSEA hearing, please contact us for a consultation.

Many times a parent will contact us because their child’s IEP Team is certain that the student is doing well at school, but at home the parent is not seeing the same progress.

To complicate matters for parents it can sometimes feel like your child’s IEP Team is speaking another language that is full of acronyms and references to test results that most parents are not familiar with.

Parents who are not certain if their child is making progress may want to consider obtaining a private neuropsychological evaluation in order to gain input from someone outside of the IEP Team. Please contact us if you are concerned that your child is not making effective progress and we can help you assess your options.