This article addresses a challenge that employers face in enforcing non-competition agreements that are attached to employees’ general employment contracts and will offer a solution, which will increase the probability of enforcement. On the surface, the non-compete agreement appears to … Read more »
Employee Misclassification: A Caution to All Employers
For those businesses that utilize independent contractors as part of their business model, employee misclassification has become a major issue. It is one that is taking on increasing importance within the United States, as well as here in Massachusetts.
In … Read more »
The Schoolyard Lawyer: A Parent’s Guide to Hiring a Special Education Attorney
The Special Education process can be frustrating, time-consuming, and upsetting to many parents. When parents feel that they can no longer face the school district on their own, many choose to hire a Special Education attorney to help them. This … Read more »
Elder Bullying Happens Too
Imagine this scenario: you walk into a cafeteria filled with others who are giving you dirty looks, pointing and laughing at you, whispering things to their friends as you walk by, and not allowing you to sit with them. Am … Read more »
The Schoolyard Lawyer: A Summary of Massachusetts Special Education Statistics at the BSEA
The Bureau of Special Education Appeals (BSEA) released its Special Education statistics for fiscal year 2011 (July 1, 2010 through June 30, 2011). A summary of the statistics is as follows:
- The BSEA received 8,348 rejected IEPs, an increase of
The Schoolyard Lawyer: New Guidelines for Pediatricians Diagnosing Children with ADHD
The American Academy of Pediatrics recently released new guidelines for diagnosing and treating attention deficit hyperactivity disorder (ADHD). Instead of diagnosing the condition in children aged 6 – 12, as previously required, the new guidelines require pediatricians to diagnose children … Read more »
The Schoolyard Lawyer: Recent Special Education Statistics in Massachusetts
In the 1980’s, doctors could only save 1 in 10 babies born weighing 2 pounds or less. Today, doctors can save 9 in 10 babies.
- 25% of babies born at 25 weeks or fewer may be severely disabled.
- 50% will
The Schoolyard Lawyer: Standard of Proof in School Suspension/Expulsion Hearings
When a student is suspended or expelled from school, there are certain procedures that the school must follow in order to protect the student’s due process rights. The student will be allowed to have a suspension/expulsion hearing (in most circumstances) … Read more »
The Schoolyard Lawyer: Special Education Students and the Bullying Law
The Massachusetts Anti-Bullying law offers additional protections for students with disabilities because they are more susceptible to being “targets” of bullying. The law has two requirements for students with disabilities, both of which must occur simultaneously: (1) there must be … Read more »
The Schoolyard Lawyer: An App Meant to Prevent Bullying
Cyber-bullying not only happens on the internet through social media websites or chat rooms, but it also happens through cell phones, either in the form of text messages or phone calls. There is now an App meant to protect children … Read more »