Education & Special Education
Today’s educational institutions face a range of complex legal issues at least as broad as those faced by highly-regulated industries. Murphy, Hesse, Toomey & Lehane, LLP has one of the most extensive education law practices in New England. The firm represents over 80 school committees, public school districts, colleges and universities and private schools. Its diverse school clientele ranges from large cities and towns to smaller communities and educational collaboratives. The firm’s attorneys have the expertise, experience and resources to service all of their legal needs, including collective bargaining, special education, arbitrations, litigation and the full range of current legal issues, including student rights and discipline, service contracts, discrimination, the impact of Education Reform, and all statutory issues.
A significant part of the Murphy, Hesse, Toomey & Lehane, LLP education law practice is in the field of special education. In this area, the firm has counseled over 200 school committees on the adequacy of programs under Chapter 766 and the Individuals with Disabilities Education Act. It has represented clients in hearings and litigation arising under these and other statutes.
The firm has concentrated in education law for more than 25 years, and can provide first-rate, comprehensive legal services efficiently and cost-effectively. The firm emphasizes a preventive maintenance approach, based upon our strong belief that proper legal advice prevents problems before they occur. The firm devotes a considerable part of our practice to assisting our clients in anticipating problems and avoiding costly disputes and litigation through client training and communication.
The firm’s experience in the field of education enables us to provide our clients with a broad range of services in such operation and legal matters as:
- All facets of labor and employment including hiring, tenure, discipline, termination and collective bargaining.
- Issues pertaining to the powers and duties of administrators and school committees, and matters of governance.
- Interrelationships among the school, municipal, state and federal government relative to a number of issues including school finance.
- All facets of special education and education of persons with disabilities including section 504 and the ADA.
- Training and staff development.
- Evaluation of staff.
- Accreditation processes.
- Constitutional questions covering all curricular and disciplinary topics such as student rights, academic freedom, church/state dilemmas and due process.
- Plant operation functions such as procurement, construction, facilities development and contract negotiations with service providers.
- Representation in agency, court and appellate litigation.
Contact us today if you have questions about Education & Special Education
Partner(617) 479-5000 email@example.com
Ms. St. Florian is a Partner at Murphy, Hesse, Toomey & Lehane, LLP, and is a member of the firm’s Special Education Law Group. Ms. St. Florian represents school districts in all aspects of special education litigation, from administrative hearings at the Massachusetts Bureau of Special Education Appeals (BSEA) through to all levels of judicial appeal. In addition, Ms. St. Florian frequently presents workshops on issues regarding special education, Section 504 of the Rehabilitation Act, state and federal student record Read More
Partner(617) 479-5000 firstname.lastname@example.org
Mr. Bresnahan practices in the areas of labor and employment, education, and municipal law. Mr. Bresnahan has negotiated collective bargaining agreements on behalf of numerous municipalities and school committees, and has represented public employers before the courts of the Commonwealth, in arbitrations, and in a wide variety of administrative proceedings before various agencies, including the Division of Labor Relations, the Civil Service Commission, the Massachusetts Commission Against Discrimination, and the Joint Labor-Management Committee. He advises public employers in various aspects Read More
Partner(617) 479-5000 email@example.com
Mr. Maccaro’s practice is focused on the areas of labor and employment in the public and private sector, litigation, and employee benefits. Following law school, Mr. Maccaro served as a Law Clerk to the Justices of the Superior Court for two years. Prior to joining Murphy, Hesse, Toomey & Lehane LLP, Mr. Maccaro served as Associate General Counsel for a large public sector labor union. He has litigated numerous matters, negotiated hundreds of contracts and has argued before various state Read More
Partner(617) 479-5000 firstname.lastname@example.org
Ms. Sowyrda is a partner at the firm and heads the Special Education Department within Murphy, Hesse, Toomey and Lehane, LLP, which currently represents approximately 160 school districts and educational collaboratives in the field of Special Education Law. She is involved in all aspects of litigation including hearings, mediations, pre-hearing conferences with the Bureau of Special Education Appeals and court cases. She provides clients with daily advice on school-related legal issues and deals with the Department of Elementary and Secondary Read More
Partner(617) 479-5000 email@example.com
Ms. Spatafore is a partner with the firm. She practices primarily in the labor and employment area, representing both public and private clients. Ms. Spatafore also handles education issues. Ms. Spatafore has represented clients before a number of courts and administrative tribunals at both the state and federal level. Ms. Spatafore regularly advises clients on a variety of issues related to labor and employment, represents clients on issues related to collective bargaining, grievances, and arbitrations, and has conducted numerous workplace Read More
Partner(617) 479-5000 firstname.lastname@example.org
Ms. Tate has been practicing law since 1978. She practices primarily in the areas of labor and education law. Her practice in the area of education covers the spectrum of issues related to education including student discipline, special education, Education Reform, due process rights of teachers and other school employees, and other employment matters, academic freedom and civil rights. She also participates in the collective bargaining process on behalf of her education clients. She has served as counsel to over Read More
Partner(617) 479-5000 email@example.com
Ms. Vasudevan is an attorney in the firm’s Education Law and Special Education Law Groups, working in regular and special education issues. Ms. Vasudevan represents school districts in all aspects of special education litigation, from administrative hearings at the Massachusetts Bureau of Special Education Appeals (BSEA) through to all levels of judicial appeal. She represents school districts in matters of student discipline, civil rights issues, collective bargaining, public procurement, and employment issues. She presents workshops on issues such as conducting Read More
Partner(617) 479-5000 firstname.lastname@example.org
General counsel to a number of towns and school committees, Mr. Waugh’s practice focuses on education and municipal law, with an emphasis labor and employment matters. Mr. Waugh works with and advises employers on various employment matters including hiring, discipline and termination issues, drafting severance agreements, FMLA and ADA issues, and compliance with other state and federal discrimination and/or civil rights laws. Mr. Waugh has extensive experience negotiating and drafting collective bargaining agreements, and he defends employers in grievance arbitrations Read More
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
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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