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.
A Murphy, Hesse, Toomey & Lehane, LLP client was unanimously granted a special permit by the Zoning Board of Appeals to allow the conversion of the St. Joseph-St. Therese Church rectory into a group residence facility for young women. The owners of the building, the Roman Catholic Diocese of Fall River, are represented by Attorney Peter McNulty from MHTL. The rectory building originally closed in October 2021, and was used to house Parrish priests. Mr. McNulty reported that the Read More
The Supreme Court Blocks OSHA Vaccination and Testing Requirements but Upholds HHS Vaccination Requirements
On January 13, 2022, the United States Supreme Court issued a “stay” that prevents OSHA’s Emergency Temporary Standard (“ETS”) from taking effect for the time being. On the same day, the Supreme Court also issued a “stay” that allows the Health and Human Services (“HHS”) mandatory COVID-19 vaccination rule for all Medicare and Medicaid funded facilities to go into effect. Given that both of these rulings involved applications for preliminary or emergency relief, neither of them represents the final word on the enforceability of the vaccine and/or testing mandates, and additional litigation is a certainty as the lower courts further evaluate the legality of the mandates.