In OneLaw’s July newsletter, Attorney Peter Hahn discusses evaluations for special education and related services.

Read the full July 2023 newsletter HERE.

The text version is below.

Hopefully you are having a great summer and taking some time off.

OneLaw is busy spreading the word. Attorney Chiara LaPlume recently spoke to a group of real estate agents at our nearby Lamacchia Realty office. OneLaw will have a table at our local neighborhood’s Village Day this coming weekend. And we expect to launch a seminar series this coming fall.

OneLaw is also looking for attorneys to join the firm. More information is below. Contact me if you are interested or know someone who might be.

In this newsletter, I discuss the importance of evaluating children for special education and related services.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we 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

Evaluations for Special Education and Related Services

by Peter A. Hahn, Esq.

Wondering if your child is learning at grade level? What about behavior at school that’s disrupting the learning process? Is there a mental health issue impacting a student’s ability to access the curriculum?

Public schools have the obligation to evaluate students with disabilities who may require special education. Parents and caretakers can also seek out private evaluations to get an independent professional assessment of a child’s diagnostic profile.

There is a principle in special education law called ‘child find’. A school district has the affirmative obligation to identify, locate, and evaluate all children with disabilities within the district to determine whether they are eligible for special education and related services.

Disability categories include autism, specific learning disability, intellectual disability, emotional impairment, health impairment, developmental delay, sensory impairment, neurological impairment, and communication impairment.

A school district is required to conduct assessments in all areas related to the suspected disability and an educational assessment. Such assessments may include a psychological assessment, health assessment, home assessment, observation of the student, occupational therapy assessment, speech and language assessment, or another specialized assessment. The district has to receive consent from the parent or caretaker with legal authority to consent in order to perform the assessment. These assessments are important to better understand the learning profile and achievement level of the student. They are also used for the school and parent or caretaker to determine whether the child is a student who qualifies for special education and related services from the school district. Such services could include specially designed instruction and/or related services, such as speech or occupational therapy. Services could be provided inside or outside the general education setting.

Sometimes parents want to have evaluations done by someone other than the school district. Often they turn to neuropsychologists, who conduct comprehensive evaluations that typically include cognitive skills testing, academic achievement assessments, a review of social, emotional, and behavioral functioning, and assessments in other areas of concern, such as executive functioning and autism. Neuropsychologists will diagnose if established criteria are met, give impressions of the profile of the person being evaluated, and offer recommendations for programming in school, at home, and in the community. Well done neuropsychological evaluations are extremely informative. They can be shared with a child’s school, helping to inform special education eligibility, IEP content, and placement. Other private evaluations can be done by providers in their respective fields, such as psychologists, psychiatrists, occupational therapists, BCBAs, neurologists, speech and language pathologists, pediatricians, and educational consultants.

Any child struggling in any domain at school – academic, social, emotional, and/or behavioral – should be evaluated in some capacity to better understand the root of the issue and to identify what support is needed for the child to succeed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.

On July 12, 2023, OneLaw’s Chiara LaPlume spoke at a Lunch and Learn seminar at the Waltham office of Lamacchia Realty. Topics included contingencies and clauses in offers to purchase real estate, condominiums, working with an attorney, and answers to a variety of questions from the agents.

OneLaw is seeking attorneys to join the firm in our practice areas. Ideal candidates have at least five years experience and an established reputation and referral network. Contact Peter Hahn for more information. You may also send a resume and statement of interest by email (mailto:p.hahn@one-law.us).

On August 6, 2023, OneLaw will have a table at the Village Day event hosted by the Nonantum Neighborhood Association in Newton. We look forward to meeting more of our neighbors!

OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, criminal and victim rights, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.