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Partner with Murphy, Hesse, Toomey & Lehane Named President of the Massachusetts Council of School Attorneys (COSA)
Kevin Bresnahan, a partner with Murphy, Hesse, Toomey & Lehane, LLP, was named President of the Massachusetts Council of School Attorneys (COSA) during their annual meeting on December 6, 2019. The COSA officers are made up of an executive committee comprised of president, president-elect, two members at large, a past president, and ex officio.
Emerging Issues in Education Law 2019 took place at the UMASS Club in Boston. Melissa Murphy, Esq., current President of COSA was the program moderator for the meeting. Kevin Bresnahan spoke on the recent Dedham teachers strike during the annual meeting. Interesting cases were presented by local attorneys during the afternoon meeting. Before the conclusion of the meeting, the election of officers and steering committee took place. Kevin Bresnahan was installed as the 2020 President of COSA.
COSA was formed in 1997 to provide information and practical assistance to attorneys who represent public school districts, COSA with the National School Boards Association (NSBA) Council of School Attorneys is a membership organization of more than 40 affiliate state councils and more than 3000 attorneys nationwide who work to improve the practice of school law and prevent lawsuits against public schools.
Murphy, Hesse, Toomey & Lehane LLP is known throughout New England for its labor and employment practice. In addition the firm has an extensive education law practice representing more than one hundred and fifty public, private and nonprofit educational institutions through the collegiate level.
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
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