News
Murphy, Hesse, Toomey & Lehane Attorney has Notable Week
On March 5th, Murphy, Hesse, Toomey & Lehane attorney, Felicia Vasudevan received the award for Lawyer’s Weekly, Lawyers of the Year. Attorney Vasudevan received the award following a favorable decision in special education law in the First Circuit Court of Appeals, C.D. v. Natick Public School District.
In C.D. v. Natick Public School District, the First Circuit rejected the Plaintiff’s interpretation of the Individuals with Disabilities Education Act, which would have altered the standard for “free appropriate public education” and least restrictive environment for students with disabilities. Following the First Circuit’s decision, the Plaintiff petitioned the Supreme Court for certiorari. Attorney Vasudevan opposed the Petition for Certiorari on behalf of Natick Public Schools. On March 2, 2020, the Supreme Court denied certiorari in the case.
Murphy, Hesse, Toomey & Lehane, LLP Partner Prevails in U.S. Court of Appeals for the First Circuit
Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More
New Features of Public Participation at School Committee Meetings
Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.
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