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Special Education

The process of developing an Individualized Education Plan can be complicated, and the school district has more people and resources than you.  The school district certainly has access to legal counsel to protect its best interests.  Level the playing field.  We have decades of experience with special education law, and have successfully negotiated and litigated for years in administrative hearings, district courts, and appellate courts.

We can identify your special needs child’s legal rights, and work together with you protect them.

R.B. v. Department of Education​, Civ. No. CV13-00016 DKW BMK, App. Docket No. 14-15895 (9th Cir. 2014). Mr. Badger challenged a federal court’s conclusion that the Department provided a free and appropriate public education (FAPE) to his autistic son, despite the Department’s failure to identify within the individualized education program (IEP) when the student would be mainstreamed, the teaching methodology that would be used, the elements of the summer program, and the potential impacts of a change in program on the student. Oral argument held on February 23, 2017. The written decision of the appellate panel is pending.

Doug C. v. Department of Education​, 720 F.3d 1038 (9th Cir. 2013). Represented a parent and his autistic child who challenged a federal court’s finding that the Department did not deny the child a FAPE and thus did not violate the Individuals with Disabilities Education Act (IDEA) by holding an annual IEP meeting without the parent. The court reversed the lower court's judgment because the Department violated the IDEA's explicit parental participation requirements and denied the student a FAPE by holding a student's annual IEP meeting without the parent even though the parent actively sought to reschedule the meeting in order to participate. Over one dozen federal courts have cited and relied upon this decision as support for their decisions in later cases.

C.B. v. Department of Education​, 2012 U.S. Dist. LEXIS 43961, Civ. No. 11-00576 SOM/RLP (2012). Represented parents of an autistic child who sought to require the Department to fund a private placement for the child under the “stay put” provision of the IDEA, which requires that placements not change during the pendency of a hearing or appeal.

​Lofisa S. v. Department of Education​, 2013 U.S. Dist. LEXIS 21232 (2013). Secured a reversal and remand of a hearing officer’s conclusion that a parent’s request for reimbursement of private placement tuition was time-barred, and for the hearing officer’s failure to address the issue the parent presented, relating to the Department’s offer of a FAPE on the condition that the student receive services in a public school.

SPECIAL EDUCATION

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Call us: 617-963-3599

LAW OFFICES OF ROBERT E. BADGER

Family Law and Special Education Advocacy

OUR PHILOSOPHY

We are experienced and aggressive litigators who are fully capable of resolving complex disputes from beginning to end without extensive client involvement.  But this is not our preferred approach.

Our logo represents the link we share with our clients that allows us to understand their needs and to accomplish their goals.  We recognize that our clients have diverse needs.

Your legal needs are unique.  We believe it is critical to inform you about the law and your choices, so that you can make informed choices about the important strategic issues that will affect your life long after our representation has ended.  We are experienced counsellors at law who take pride in our ability to manage procedural matters and provide legal advice.  We inform our clients about the law, the procedures, and the customs and practices of the courts and judges before them. 

But, more important than our ability to advocate, is our eagerness to listen.  When it comes to legal advice, one size does not fit all.  You have been embroiled with your dispute long before contacting us and know a great many things about it that we do not, so, your definition of success dictates the direction that we will take.  Because, we believe that after we have provided you with the knowledge necessary for you to make informed decisions, you should be the person who chooses how and on what terms your dispute is resolved.

LOCATION MAP

Law Offices of Robert E. Badger, 265 Franklin Street, Suite 1702,

Boston MA 02110

Phone: 617-963-3599      Email: Info@SpEdAdv.com    

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