PRACTICE AREAS

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

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Latest News

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Legal Updates

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

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