Product Description

Recent updates:

• Update: April 2021

  Dear Subscriber:

  Thank you for choosing to stay current with this updated third edition of Data Security and Privacy in Massachusetts. Inside, you will find hundreds of updates on topics such as the following:

  • Electronic Communications Privacy Act. See chapter 2 for discussion of a 2020 Ninth Circuit decision in which the court addressed a third-party tracking cookie ecosystem involving Facebook plug-ins.

  • Computer Fraud and Abuse Act. See chapter 3 for discussion of a 2020 decision on the issue as to whether Massachusetts requires more than a violation of corporate policies or an employee’s duty of loyalty to advance a claim under the CFAA.

  • Ransomware. See chapter 6 for discussion of waivers of federal enforcement discretion with regard to breaches of data related to the HIPAA privacy rule and the telehealth environment during the current COVID-19 pandemic.

  • Communications Decency Act. See chapter 7 for new material pertaining to the intellectual property law exception to CDA Section 230 immunity and its impact as an alternate basis for avoiding secondary copyright infringement liability for online publishers of third-party content in the form of the Digital Millennium Copyright Act (DMCA).

  • State laws. In chapter 9, find discussion of a new approach to personally identifiable information (PII) in the United States, recognizing "rights" held by "data subjects" in information about them, even if not collected directly from or submitted by the individuals.

  We at MCLE trust that you will find this updated content useful in your data security and privacy practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 01 expand

An Overview of Special Education Law

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Daniel W. Ahearn, Esq.,

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 02 expand

Practice Before the Bureau of Special Education Appeals

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Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq., Commonwealth of Massachusetts

Checklist 2.1

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

Exhibit 2A

- IEP Rejection/Nonresponse Packet and BSEA Mediation Options Buy Form

Exhibit 2B

- Hearing Rules for Special Education Appeals Buy Form

Exhibit 2C

- BSEA Standing Orders Buy Form

Exhibit 2D

- Hearing Request Form Buy Form

Exhibit 2E

- Notice of Hearing—Parent Inititated Hearing Buy Form

Exhibit 2F

- Notice of Hearing—School Inititiated Hearing Buy Form

Exhibit 2G

- Notice of Accelerated Hearing—Parent Initiated Hearing Buy Form

Exhibit 2H

- Notice of Accelerated Hearing—School Initiated Hearing Buy Form

Exhibit 2I

- Notice of Expedited Hearing—Parent Initiated Hearing Buy Form

Exhibit 2J

- Notice of Expedited Hearing—School Initiated Hearing Buy Form

Exhibit 2K

- LEA Notice of Hearing Buy Form

Exhibit 2L

- Advancement/Postponement Request Form Buy Form

Exhibit 2M

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

Chapter 03 expand

Advocating on Behalf of Students and Parents

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Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

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 04 expand

Advocating on Behalf of School Districts

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Rebecca L. Bouchard, Esq., Chicopee Public Schools

Checklist 4.1

- 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

DEI Commentator(s)

Author(s)