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Special Education Law in Massachusetts

The essential guide to special education practice

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  • Product Number: 2030311EBK
  • Publication Date: 5/28/2022
  • Edition: 9th Edition 2022
  • Copyright: © 2022 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    Special Education Law in Massachusetts delivers the special education materials from School Law in Massachusetts in a compact and economical softcover format. This concise but comprehensive treatment provides an overview of special education law, examines practice and procedures at the Bureau of Special Education Appeals, and concludes with thoughtful, concrete, and detailed guidance on special education advocacy. Special education is of critical importance to Massachusetts families and communities, and Special Education Law in Massachusetts is your essential guide to this challenging but highly rewarding area of practice.

    Recent updates:

    • Update: May 2022

      Dear Subscriber:

      Thank you for updating your library with the ninth edition of Special Education Law in Massachusetts. This latest version of the book brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

      Highlights from the many developments addressed in this edition include

      • compensatory education in cases where special education services were interrupted by the COVID-19 pandemic;
      • guidelines from the Massachusetts Department of Elementary and Secondary Education rejecting the view that dyslexia is a "medical diagnosis";
      • guidance from the U.S. Department of Education on the interaction between long COVID and the development of individualized education programs (IEPs);
      • the type of notice a school district must provide when changing a child's identification, evaluation, or educational placement or the provision of FAPE (free appropriate public education);
      • guidance on initiating a settlement conference at the Board of Special Education Appeals (BSEA);
      • the use of a resolution meeting as an intermediate step in addressing a child's special education needs and related confidentiality issues;
      • the establishment of dates for BSEA hearings;
      • hybrid and remote conferencing procedures initiated during the COVID-19 pandemic for special education evaluations, BSEA hearings, settlement conferences, mediation sessions, and team meetings;
      • participation of attorneys in team meetings; and
      • BSEA decisions on topics such as requests to produce peers' IEPs, discoverability of text messages, joinder of private special education schools in BSEA proceedings, and implementation of BSEA decisions pending further proceedings.

      With this ninth edition, MCLE has introduced commentary by attorney Tere Ramos addressing diversity, equity, and inclusion (DEI) issues arising in the context of school law. Ms. Ramos's commentary addresses issues such as disabilities, language barriers, power imbalances, microaggressions, and racial and cultural biases.

      We trust you will find this latest version of Special Education Law in Massachusetts an invaluable resource for your busy practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

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    Chapter 1 expand

    An Overview of Special Education Law

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    Checklist 1.1

    - Special Education Eligibility Checklist Buy Form

    Checklist 1.2

    - Checklist for Examining the Independent Evaluation Option Buy Form

    Checklist 1.3

    - Services and Placements Checklist Buy Form

    Checklist 1.4

    - Checklist for Special Education Hearings Buy Form

    Exhibit 1A

    - IDEA Discipline Outline Buy Form
    Chapter 2 expand

    Practice Before the Bureau of Special Education Appeals

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    Checklist 2.1

    - Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy Form

    Exhibit 2A

    - Mediation Letter Buy Form

    Exhibit 2B

    - Information on BSEA Mediation Buy Form

    Exhibit 2C

    - Hearing Rules for Special Education Appeals Buy Form

    Exhibit 2D

    - BSEA Appeals Standing Orders Buy Form

    Exhibit 2E

    - Hearing Request Form Buy Form

    Exhibit 2F

    - Notice of Hearing Buy Form

    Exhibit 2G

    - Advancement/Postponement Request Form Buy Form

    Exhibit 2H

    - Statement on the Effect of BSEA Decision and Rights of Appeal Buy Form

    Exhibit 2I

    - In-Person Hearing Protocols Buy Form
    Chapter 3 expand

    Checklist 3.1

    - Checklist of Questions for Initial Review of Client’s Records Buy Form

    Exhibit 3A

    - Sample SPED Intake Form Buy Form

    Exhibit 3B

    - Feedback from BSEA Hearing Officers Buy Form
    Chapter 4 expand

    Advocating on Behalf of School Districts

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    Rebecca L. Bouchard, Esq., Chicopee Public Schools

    Checklist 4.1

    - Checklist of Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy Form

    Exhibit 4A

    - Technical Assistance Advisory SPED 2014-1: DSM 5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy Form

    Exhibit 4B

    - Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy Form

    Exhibit 4C

    - Transition Planning Form (TPF) Buy Form

    Exhibit 4D

    - Chart Showing Options for Disciplining Children with Disabilities Buy Form

    Exhibit 4E

    - Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy Form
  • Editors & Authors
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