School Law in Massachusetts

Comprehensive treatment, practical guidance

Product Number: 2242515WCH
Publication Date: 5/8/2024
Edition: 5th Edition 2024
Copyright: © 2024 MCLE, Inc.
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School Law in Massachusetts

Comprehensive treatment, practical guidance

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Special Education: Advocating on Behalf of School Districts Chapter 15 from School Law in Massachusetts $50.00; Members $45.00; New Lawyers $25.00 Free for OnlinePass subscribers.

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Product Description
Product Description

School Law in Massachusetts is a comprehensive and highly practical guide to the wide range of legal issues surrounding public elementary and secondary schools in Massachusetts. The book sets out the essential information for each topic using numerous easy-to-access headings, lists, examples, Web references, and exhibits. Frequent practice notes explain the best approaches for practitioners, and special commentary addresses diversity, equity, and inclusion (DEI) issues in school law practice. Among the topics covered are school governance and regulation; employment and labor issues; student issues (such as safety and discipline, student assessment, and use of technology); special education; tort liability; and school finance. The book's exceptional materials on special education include an overview of the applicable law, a discussion of practice before the Bureau of Special Education Appeals, and a review of approaches to advocacy on behalf of both students and school districts.

Recent updates:
- Update: May 2024
  Dear Subscriber:
  
  Thank you for updating your library with the fifth edition of School 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
  - a new section on school-related challenged faced by military families, in-cluding issues arising out of the recently enacted SPEED Act (An Act Rela-tive to Military Spouse Licensure Portability, Education and Enrollment of Dependents);
  - procedures required to establish single district virtual schools;
  - an extension of the COVID-19-era adjustments to open meeting procedures and a recent Supreme Judicial Court decision limiting the restrictions that school committees may place on participation;
  - a 2022 law requiring efforts to avoid imposing suspensions in response to alleged student misconduct;
  - a recent U.S. Supreme Court decision ruling that students need not exhaust their remedies under the Individuals with Disabilities Education Act (IDEA) in order to pursue Section 504 or Americans with Disabilities Act remedies that are not allowed under the IDEA;
  - expanded guidance on the use of mediation and resolution meetings to resolve disputes at the Bureau of Special Education Appeals (BSEA);
  - an updated BSEA standing order outlining the current procedures for elec-tronic filing, including provisions for service on other parties and require-ments for hearing exhibits and lengthy submissions;
  - the operation of the BSEA "five-day rule" authorizing the exclusion of evidence that has not been disclosed in a timely manner; and
  - an amendment to Rule 1.15A of the Massachusetts Rules of Professional Conduct mandating the retention of "files relating to the representation of a minor."
  We trust you will find this latest version of School Law in Massachusetts an invaluable resource for your busy practice.
  
  Very truly yours,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Types of Schooling Available
Buy Chapter
Kristin E. Valcourt, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts

Checklist 1.1
- Commonwealth and Horace Mann Charter Application for New Operators Buy Form

Exhibit 1A
- Advisory on Interdistrict School Choice Pursuant to G.L. c. 76, § 12B Buy Form

Exhibit 1B
- Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74 Buy Form

Exhibit 1C
- Massachusetts Department of Elementary and Secondary Education Advisory on Approval of Massachusetts Private Schools Pursuant to Mass. Gen. Laws c. 76, § 1 Buy Form

Chapter 02 expand

Powers and Responsibilities of the School Committee
Buy Chapter
Nicholas J. Dominello, Esq., Valerio Dominello & Hillman, LLC
Elizabeth B. Valerio, Esq., Valerio Dominello & Hillman, LLC

Exhibit 2A
- Sample Form for School Committee Meeting Minutes (Open Session) Buy Form

Exhibit 2B
- Sample Form for School Committee Meeting Minutes (Executive Session) Buy Form

Chapter 03 expand

The State and Federal Roles in Massachusetts Public Schools
Buy Chapter
Rhoda Schneider, Esq., MA Dept. of Elementary & Secondary Education

Chapter 04 expand

Collective Bargaining in Public Education
Buy Chapter
David M. Connelly, Esq., Morgan, Brown & Joy LLP

Chapter 05 expand

Employment Issues Involving School Employees in General
Buy Chapter
Demitrios M. Moschos, Esq., Seder & Chandler

Checklist 5.1
- Checklist of Required Elements of Sexual Harassment Policies Buy Form

Chapter 06 expand

Employment Issues Involving Teachers
Buy Chapter
Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Exhibit 6A
- Decisions Addressing Procedural Issues Arising in Connection with Teacher Dismissal and Nonrenewal Buy Form

Exhibit 6B
- Internet Sites Buy Form

Exhibit 6C
- Decisions Involving the Best Interest Standard—Teachers Retained Buy Form

Exhibit 6D
- Decisions Involving the Best Interest Standard—Teachers Dismissed Buy Form

Exhibit 6E
- Decisions Addressing the Elevation of Performance Standards Buy Form

Exhibit 6F
- Decisions Addressing Allegations of Insubordination Buy Form

Exhibit 6G
- Decisions Involving Allegations of Conduct Unbecoming Buy Form

Chapter 07 expand

Student Safety and Discipline in Public Schools
Buy Chapter
Rebecca L. Bryant, Esq., Stoneman, Chandler & Miller LLP

Exhibit 7A
- Decisions Illustrating Analysis of Facts in Cyber Speech Cases Buy Form

Chapter 08 expand

Preventing and Responding to Harassment and Bullying in Public Schools
Buy Chapter
Justin R. Gomes, Esq., Stoneman, Chandler & Miller LLP
Colleen Shea, Esq., Stoneman, Chandler & Miller LLP

Exhibit 8A
- Antiharassment Policy Buy Form

Exhibit 8B
- Harassment Grievance Policy Checklist Buy Form

Exhibit 8C
- Administrative Guidelines for Responding to Complaints of Peer Harassment by Students Buy Form

Chapter 09 expand

Student Enrollment, Curriculum, and Assessment
Buy Chapter
Felicia S. Vasudevan, Esq., Murphy, Hesse, Toomey & Lehane LLP

Chapter 10 expand

Student Records
Buy Chapter
John C. Foskett, Esq., Valerio Dominello & Hillman, LLC
Caroline Thibeault, Esq.,

Chapter 11 expand

Public Schools, Online Speech, and Electronic Devices and Data
Buy Chapter
Leslie Crofton Carey, Esq., Long, DiPietro, and Gonzalez, LLP
Rosann DiPietro, Esq., Long, DiPietro, and Gonzalez, LLP

Exhibit 11A
- Selected Decisions Addressing Free Speech and Online Student Expression Buy Form

Exhibit 11B
- Selected Decisions Addressing Employee Online Speech Outside of Work Buy Form

Chapter 12 expand

An Overview of Special Education Law
Buy Chapter
Daniel W. Ahearn, Esq.,

Checklist 12.1
- Special Education Eligibility Checklist Buy Form

Checklist 12.2
- Checklist for Examining the Independent Evaluation Option Buy Form

Checklist 12.3
- Services and Placements Checklist Buy Form

Checklist 12.4
- Checklist for Special Education Hearings Buy Form

Exhibit 12A
- IDEA Discipline Outline Buy Form

Chapter 13 expand

Special Education: Practice Before the Bureau of Special Education Appeals
Buy Chapter
Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq., Commonwealth of Massachusetts

Checklist 13.1
- Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy Form

Exhibit 13A
- IEP Rejection/Nonresponse Packet and BSEA Mediation Options Buy Form

Exhibit 13B
- Hearing Rules for Special Education Appeals Buy Form

Exhibit 13C
- BSEA Standing Orders Buy Form

Exhibit 13D
- Hearing Request Form Buy Form

Exhibit 13E
- Notice of Hearing—Parent Initiated Hearing Buy Form

Exhibit 13F
- Notice of Hearing—School Initiated Hearing Buy Form

Exhibit 13G
- Notice of Accelerated Hearing—Parent Initiated Hearing Buy Form

Exhibit 13H
- Notice of Accelerated Hearing—School Initiated Hearing Buy Form

Exhibit 13I
- Notice of Expedited Hearing—Parent Initiated Hearing Buy Form

Exhibit 13J
- Notice of Expedited Hearing—School Initiated Hearing Buy Form

Exhibit 13K
- LEA Notice of Hearing Buy Form

Exhibit 13L
- Advancement/Postponement Request Form Buy Form

Exhibit 13M
- Statement on the Effect of BSEA Decision and Rights of Appeal Buy Form

Chapter 14 expand

Special Education: Advocating on Behalf of Students and Parents
Buy Chapter
Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Checklist 14.1
- Checklist of Questions for Initial Review of Client’s Records Buy Form

Exhibit 14A
- Sample SPED Intake Form Buy Form

Exhibit 14B
- Feedback from BSEA Hearing Officers Buy Form

Chapter 15 expand

Special Education: Advocating on Behalf of School Districts
Buy Chapter
Rebecca L. Bouchard, Esq., Chicopee Public Schools

Checklist 15.1
- Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy Form

Exhibit 15A
- Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy Form

Exhibit 15B
- Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy Form

Exhibit 15C
- Transition Planning Form (TPF) Buy Form

Exhibit 15D
- Chart Showing Options for Disciplining Children with Disabilities Buy Form

Exhibit 15E
- Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy Form

Chapter 16 expand

Tort Liability of Schools and School Employees
Buy Chapter
Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Checklist 16.1
- Checklist of Actions to Be Taken by a School Employee Sued in Tort Buy Form

Exhibit 16A
- Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16B
- Memorandum of Law in Support of Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16C
- Motion to Amend Track Designation Buy Form

Exhibit 16D
- Decisions After Brum v. Town of Dartmouth Illustrating Protection to Schools Under G.L. c. 258, § 10(j) Buy Form

Exhibit 16E
- Petition for Approval of Minor Settlement Pursuant to G.L. c. 231, § 140C½ Buy Form

Exhibit 16F
- Motion to Impound Complaint and to Use Pseudonyms Buy Form

Chapter 17 expand

Basic Rules of Public School Budgeting and Finance
Buy Chapter
Kelly T. Gonzalez, Esq., Long, DiPietro, and Gonzalez, LLP
Michael J. Long, Esq., Long, DiPietro, and Gonzalez, LLP
Editors & Authors

Editor(s)

Rhoda E. Schneider, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts, Everett

DEI Commentator(s)

Tere Ramos, Esq., Ramos Law LLC, Wellesley Hills

Author(s)

Daniel W. Ahearn, Esq., Wenham

Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts, Malden

Rebecca L. Bouchard, Esq., Chicopee Public Schools, Chicopee

Rebecca L. Bryant, Esq., Stoneman, Chandler & Miller LLP, Boston

Leslie Crofton Carey, Esq., Long, DiPietro, and Gonzalez, LLP, Hingham

David M. Connelly, Esq., Morgan, Brown & Joy LLP, Boston

Robert K. Crabtree, Esq., Jamaica Plain

Rosann DiPietro, Esq., Long, DiPietro, and Gonzalez, LLP, Hingham

Nicholas J. Dominello, Esq., Valerio Dominello & Hillman, LLC, Westwood

John C. Foskett, Esq., Valerio Dominello & Hillman, LLC, Westwood

Justin R. Gomes, Esq., Stoneman, Chandler & Miller LLP, Boston

Kelly T. Gonzalez, Esq., Long, DiPietro, and Gonzalez, LLP, Hingham

Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP, Newton

Michael J. Long, Esq., Long, DiPietro, and Gonzalez, LLP, Hingham

Demitrios M. Moschos, Esq., Seder & Chandler, Worcester

Alina Kantor Nir, Esq., Commonwealth of Massachusetts, Boston

Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Rhoda E. Schneider, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts, Everett

Colleen Shea, Esq., Stoneman, Chandler & Miller LLP, Boston

Caroline Thibeault, Esq.,

Kristin E. Valcourt, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts, Everett

Elizabeth B. Valerio, Esq., Valerio Dominello & Hillman, LLC, Westwood

Felicia S. Vasudevan, Esq., Murphy, Hesse, Toomey & Lehane LLP, Quincy

TOP

School Law in Massachusetts

Comprehensive treatment, practical guidance

School Law in Massachusetts

Comprehensive treatment, practical guidance

Your Selection:

Product Description

Recent updates:

Table of Contents

Types of Schooling Available

Checklist 1.1

Exhibit 1A

Exhibit 1B

Exhibit 1C

Powers and Responsibilities of the School Committee

Exhibit 2A

Exhibit 2B

The State and Federal Roles in Massachusetts Public Schools

Collective Bargaining in Public Education

Employment Issues Involving School Employees in General

Checklist 5.1

Employment Issues Involving Teachers

Exhibit 6A

Exhibit 6B

Exhibit 6C

Exhibit 6D

Exhibit 6E

Exhibit 6F

Exhibit 6G

Student Safety and Discipline in Public Schools

Exhibit 7A

Preventing and Responding to Harassment and Bullying in Public Schools

Exhibit 8A

Exhibit 8B

Exhibit 8C

Student Enrollment, Curriculum, and Assessment

Student Records

Public Schools, Online Speech, and Electronic Devices and Data

Exhibit 11A

Exhibit 11B

An Overview of Special Education Law

Checklist 12.1

Checklist 12.2

Checklist 12.3

Checklist 12.4

Exhibit 12A

Special Education: Practice Before the Bureau of Special Education Appeals

Checklist 13.1

Exhibit 13A

Exhibit 13B

Exhibit 13C

Exhibit 13D

Exhibit 13E

Exhibit 13F

Exhibit 13G

Exhibit 13H

Exhibit 13I

Exhibit 13J

Exhibit 13K

Exhibit 13L

Exhibit 13M

Special Education: Advocating on Behalf of Students and Parents

Checklist 14.1

Exhibit 14A

Exhibit 14B

Special Education: Advocating on Behalf of School Districts

Checklist 15.1

Exhibit 15A

Exhibit 15B

Exhibit 15C

Exhibit 15D

Exhibit 15E

Tort Liability of Schools and School Employees

Checklist 16.1

Exhibit 16A

Exhibit 16B

Exhibit 16C

Exhibit 16D

Exhibit 16E

Exhibit 16F

Basic Rules of Public School Budgeting and Finance