The Schoolyard Lawyer: Understanding the IDEA: For Parents Starting the Special Education Process
The laws governing Special Education can be confusing for parents who are just beginning the process with their child. All too often parents do not even know where to begin. I wrote this article in the format of commonly asked questions when parents are thinking of starting the process or have already...
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The Consequences of a College’s Failure to Properly Calculate Satisfactory Academic Progress & Determine Dates of Student Withdrawl
In a recent matter, an SFAP assessment of liability was upheld by a Department of Education Administrative Judge pertaining to a community college, requiring the College to reimburse $134,797 to the Department of Education.
On October 13, 2009, Snead State Community College, a public institution of higher education located...
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Physicians Denied Access to Complaints Against Them
Physicians under investigation are routinely unable to respond to Board of Registration in Medicine inquiries because they are unaware of the charges to which they are required to respond. The denial of copies of complaints and materials related to those complaints to the physician who stands accused violates the Board’s enabling statute...
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Why Does the Board of Medicine Keep Complaints Secret from Accused Physicians?
Physicians under investigation are routinely unable to respond to Board of Registration in Medicine inquiries because they are unaware of the nature and specifics of the charges to which they are required to respond. The denial of copies of complaints and materials related to those complaints to the physician who stands accused...
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Auto Insurance… You May be Underinsured!
I handle claims for personal injury for clients injured in auto accidents. I regularly find that my clients do not have the necessary coverage to operate safely on the roads of Massachusetts. Insurance companies compete by offering the cheapest policy premium possible. Unfortunately for the consumer, the insurance companies, through their advertising,...
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SJC Rules: Attorneys Required for Massachusetts Real Estate Closings
This week the Massachusetts Supreme Judicial Court came down with its long-awaited ruling in a case that has been termed “a major victory for Massachusetts homeowners” (Real Estate Bar Association (REBA) vs. National Real Estate Information Services (NREIS).
The court reaffirmed the important role that attorneys play in insuring...
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The Schoolyard Lawyer: What if my Child is Not Eligible for Special Education?
If your child has been found not eligible for Special Education services under the Individuals with Disabilities Education Act (IDEA), he or she may still be eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504). Section 504 prohibits discrimination against eligible individuals with a disability by providing them with...
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Bullying: It’s Not Just a Schoolyard Problem
Over the past couple of years, bullying in schools has received significant (and well deserved) attention; however, bullying is not limited solely to the schoolyard. Bullying in the workplace has increased steadily over the past decade, and researchers, legislatures and companies are taking note. So what is workplace bullying? According to Professor...
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The Schoolyard Lawyer: My Child is Not Eligible for Special Education Services But Needs Accommodations
If your child has been found not eligible for Special Education services under the IDEA, he or she may still be eligible under Section 504 of the Rehabilitation Act of 1973. If eligible, accommodations are provided to students under Section 504.
Accommodations do not have to be major services provided by the...
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Liability of Landlords to Tenants/Visitors in Commercial Property
In March, 2011, the Massachusetts Supreme Judicial Court, in the case of Bishop v. Tes Realty Trust, entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors. In this case the plaintiff tenant operated a...
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Choosing the Legal Form of a Service or Professional Business — an Urban Legend
There are good reasons to organize a professional practice or other service business as a limited liability company (LLC) or a limited liability partnership (LLP), and there may also be good reasons not to. But, the matter is complicated and sometimes what is thought to be a good reason turns out to be...
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Liability of Commercial Property Landlords to Tenants
In March of 2011, the Massachusetts Supreme Judicial Court entered a decision clarifying and establishing new law concerning the obligation and liability of a landlord/owner of commercial property for personal injuries sustained by tenants and visitors.
The court held that under a relevant Massachusetts statute, once a landlord receives...
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