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Murphy, Hesse, Toomey & Lehane Attorneys Find Favorable Decision for Swampscott Public Schools
Murphy, Hesse, Toomey and Lehane attorneys Mary Ellen Sowyrda, Doris Ehrens, and Felicia Vasudevan worked together in receiving a favorable decision for Swampscott at the BSEA and District Court. Mary Ellen handled the BSEA litigation, Doris Ehrens completed all of the pleadings in District Court, and Felicia Vasudevan delivered the oral argument.
Swampscott Public School (“Swampscott”), along with the Bureau of Special Education Appeals (“BSEA”) had an appeal filed against them (collectively, “Defendants”) by the Parents of a minor, G.D., requesting a summary judgement. Under the Individuals with Disabilities Education Act (“IDEA”), all schools are required to provide eligible students with a free and appropriate public education (“FAPE”). The Plaintiffs argued that Swampscott did not provide FAPEto the student, G.D, even after being evaluated and approved for special education services. The Parents held firm on their belief that G.D. needed to keep attending a private special education school. Murphy, Hesse, Toomey & Lehane, LLP, a firm that represents over one hundred school districts across Massachusetts, represented Swampscott in this litigation.
At age 7 G.D. was diagnosed with “a significant language-based learning disability, encompassing ‘double-deficit’ dyslexia and dysgraphia as well as some related difficulties with expressive language”. G.D. was evaluated and qualified for the special education services in Swampscott. The Parents, however, wanted to be reimbursed by Swampscott for G.D. tuition at a private school, as they did not believe Swampscott had the resources that G.D. needed to excel. Swampscott provided G.D. with an IEP, and began second grade at Swampscott in September 2017. The Hearing Officer stated “the overwhelming weight of the evidence is that Swampscott developed five successive IEPs that responded to Student’s special needs, increasing services as the extent of those needs became clearer.”
The Parents then argued that the Hearing Officer erred in the determination that G.D. was offered a FAPE by Swampscott, claiming that the student’s rate of gains did not satisfy the Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1 decision.,
The District Court concluded that the student’s progress in Swampscott was appropriate in light of the circumstances as the Hearing Officer held and denied the Plaintiff’s motion for summary judgement, finding for Swampscott and the BSEA.
Murphy, Hesse, Toomey & Lehane, LLP Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the public. The case, Town of Dracut by and Through Its Building Inspector vs. Nason, Gilbert et al., was initiated by the Town after the Defendants failed to comply with the Town’s associated underlying zoning enforcement order. The Town requested the injunction Read More
EXTENSION OF MUNICIPAL RELIEF MEASURES - INCLUDING OPEN MEETING LAW REMOTE OPTION - SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.

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