Category: Education Law

It has been just over a year since Governor Patrick enacted the Massachusetts law on bullying, making Massachusetts the 42nd state to pass such a law.  The law quickly became known as one of the strictest anti-bullying laws in the country, and the 2010-2011 school year was the first test run for school districts,...

Summer is sadly almost half way over and kids are off at summer camps throughout the state and country. It is important to remember that bullying can occur at camp just as easily as it can occur at school. If you are concerned that your child will be bullied while away at...

A recent Schoolyard Lawyer blog entry, Special Education Students and the Bullying Law, discussed how the Massachusetts bullying law provides additional protections to students with disabilities. The law defines bullying as: “The repeated use by one or more students of a written, verbal or electronic expression or a physical...

It has been just over a year since Governor Patrick signed the Massachusetts law on bullying into effect, and now that the 2010-11 school year is coming to an end, it is appropriate timing to discuss what I believe to be a major issue with the law. The law was enacted to...

This is the second post in a three part series on bullying in the workplace. As you may recall, the previous post on workplace bullying provided a description of workplace bullying, gave some startling statistics regarding its frequency, and outlined the benefits of prevention.  This post will focus on...

Cyberbullying, as defined in the Massachusetts Anti-Bullying Law, is “bullying through the use of technology or any electronic communication.” The law sets forth many different means of cyberbullying, but the most common uses are via text messages, emails, phone calls, Social Media Websites such as Facebook, Formspring, and MySpace, or blog entries....

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...

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...

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...

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...

If your child is charged with possession of drugs on school premises or at a school sponsored event, preparation for the events that will follow is essential in protecting your child’s education.  State law specifically provides that a student may be expelled from school if he is found in possession of drugs...

Although parents who prevail at a Special Education hearing in front of the Massachusetts Bureau of Special Education Appeals (BSEA) may be able to recover all or a portion of their attorneys’ fees, they are unable to recover fees for expert witnesses. This has placed families at an even greater disadvantage than...