News
Murphy, Hesse, Toomey & Lehane, LLP Partner Presents on Manifestation Determination
The MCLE (Massachusetts Continuing Legal Education) sponsored an eLecture where Mary Ellen Sowyrda, a partner with Murphy, Hesse, Toomey & Lehane, LLP, presented. Alongside Ms. Sowyrda was Daniel Ahearn, Esq., and Marlies Spanjaard from the Committee for Public Counsel Services. Under the Individuals with Disabilities Education Act (IDEA), school authorities are required to conduct Manifestation Determination when it comes to discipling a student with disabilities. Their presentation, titled “How to Handle Manifestation Determination Reviews for Students with Disabilities”, focused on how to handle and maintain legal requirements for Manifestation Determination reviews when disciplining a student with disabilities, and provided tips when doing so.
The 60-minute eLecture was split into four segments. “Key Federal Statutory, Regulatory and Technical Guidance on Manifestation Determination, Including the Key Elements of the Process”, “Specific Massachusetts Legal Requirements that Impact the Conduct of the Manifestation Determination”, and “Practice Points Relating to Appellate Options within the District and the Bureau of Special Education Appeals” were all presented by Ms. Sowyrda and Mr. Ahearn. “Practical Insights about How to Prepare for and Conduct a Manifestation Determination” was presented by Ms. Sowyrda and Ms. Spanjaard.
Mary Ellen Sowyrda is a partner in the firm and heads the Special Education Department within Murphy, Hesse, Toomey and Lehane, LLP. The firm currently represents more than 125 school districts and educational collaboratives in the practice area of Special Education Law. She is involved in all aspects of litigation and alternative dispute resolution at the Bureau of Special Education Appeals, including representing clients at hearings, settlement conferences, pre-hearing conferences and mediations. She provides clients with daily advice on school-related legal issues including all aspects of special education, Section 504, student discipline, student records and anti-bullying laws, and deals with the Department of Elementary and Secondary Education and other state agencies that are associated with the provision of special education services to students.
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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