In OneLaw’s first newsletter, Attorney Peter Hahn discusses resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.
Read the full January 2023 newsletter HERE.
The text version is below.
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Welcome to OneLaw’s first newsletter!
OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas.
In this newsletter, I discuss resolution options for special education disputes, and Attorney Holly Vietzke shares her advice on The Oops Inheritance.
OneLaw also welcomes Attorney Chiara LaPlume, who joined us in 2023 to represent clients in residential real estate matters.
Whether a current, past, or future client, let us know how OneLaw can help you.
Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.
Peter A. Hahn, Esq.
Founder & Owner of OneLaw
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Resolution Options for Special Education Disputes
by Peter A. Hahn, Esq.
Hopefully you never have a dispute with your local school district about special education for your child. It would be great to have no issue with eligibility, developing an appropriate Individualized Education Program (IEP), and identifying the right type of placement. But where are you to turn if you and the school disagree?
Formal litigation in Massachusetts begins at the Bureau of Special Education Appeals (BSEA). You or the school file a complaint to get the process started. The complaint states the facts of the situation and lists requests for legal relief, such as changes to the IEP or placement, compensatory services, reimbursement for a unilateral placement, an evaluation, or other equitable relief. The complaint must be filed within two years of the event at issue. The case is assigned a hearing officer, who is like a judge. An evidentiary hearing is scheduled. This hearing is like a trial. Whoever filed the complaint has to prove to the hearing officer why the other party did not follow the law and what legal relief should be ordered as a result. Parents are strongly advised to have an attorney for a BSEA proceeding.
Outside of the formal complaint process, the BSEA offers mediation services. Mediation is voluntary and non-binding. A BSEA mediator is assigned to facilitate a discussion with the possibility of achieving an agreement between you and the school district. Mediation typically results in a legally binding written agreement.
There are other types of complaints that may be filed. The Massachusetts Department of Elementary and Secondary Education (DESE) has a Problem Resolution System (PRS) that assesses and investigates complaints about school districts not abiding by their legal obligations, including for special education procedures. PRS issues a Letter of Finding and can require corrective action from the school district. A PRS complaint must be filed within one year of the event at issue.
The Office for Civil Rights (OCR) at the United States Department of Education receives and investigates discrimination complaints, including based on disability. OCR may enter into a resolution or compliance agreement with a school district or seek to take enforcement action. An OCR complaint must be filed within 180 days of the event at issue. Whether or not one of these options is involved, sometimes parents and a school district negotiate and enter into a settlement agreement, which is a written contact with agreed upon terms and conditions regarding the legal rights and responsibilities of the parties.
What dispute resolution option is right for you depends on the situation. You are best to consult an attorney in a timely manner to ensure your legal rights are protected.
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Attorney Peter A. Hahn was named to Boston Magazine’s Top Lawyers List for 2022!
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The Oops Inheritance and How to Avoid It
by Holly Vietzke, Esq.
Children with significant special needs may need a lifetime of care and financial resources that make them dependent on others. Many well-intentioned grandparents and relatives like to leave inheritances to them to ease that burden. And we love them for that! But unfortunately, if not done correctly, it could have the opposite effect and cause more financial hardship for the disabled child.
Leaving an inheritance outright to a person with a disability will jeopardize any public benefits he or she receives. Even if the beneficiary never touches the money, it is still legally in his or her name. That means that the inheritance will displace or offset any government benefits until such inheritance is exhausted, and that is often not the intent of the decedent. The way to avoid this—and protect the inheritance—is to leave the inheritance not to the person but to a Supplemental Needs Trust for the disabled person’s benefit. Such a trust can ensure that the entire inheritance goes to the beneficiaries of the decedent’s choice and is used to supplement—not supplant—the disabled person’s income and benefits. So if you have a child with special needs, and your parents or other loved ones wish to leave your child with an inheritance or distributions under a trust, make sure that you set up a proper Supplemental Needs Trust BEFORE your loved one passes away and then have your loved ones correct the bequest in their will or trust to name the SNT as the beneficiary, not the person.
Attorney Holly Vietzke assists clients with estate planning, special needs planning, probate administration, and guardianships in addition to providing representation in special education and student discipline matters.
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Chiara LaPlume recently joined OneLaw ‘of counsel’ to represent residential real estate clients, from first time home purchasers to seasoned sellers and condominium associations. Attorney LaPlume obtained her Bachelor in Laws from University College, University of London, England and earned her LL.M. from Boston University School of Law. She is a member of the Real Estate Bar Association for Massachusetts and has presented for professional associations.
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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.