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The package of US health care reform laws imposes new taxes starting in 2013. These are not part of the so-called “fiscal cliff”. A solution to the “fiscal cliff” will probably not affect the taxes discussed in this article. Part 1 – 3.8% Surtax On Certain A …
Massachusetts recently enacted a new comprehensive alimony law which took effect March 1, 2012. The new law is a substantial change from what was the prevailing “old” alimony law. In some ways the old law was inequitable and could cause seemingly unfair conse …
When a regular education student violates the school handbook, the school can discipline that student according to the policies and procedures set forth in the handbook. When the discipline involves a special education student, however, the IDEA requires the s …
On September 26, 2011, Governor Patrick signed the long-awaited alimony bill into law, potentially ending many lifetime alimony awards across the state. The previous Massachusetts law required the court to consider a number of factors when determining alimony, …
The Family Educational Rights and Privacy Act, or FERPA, is a Federal law that protects the privacy of students’ education records and access to those records, and applies to schools that receive federal financial assistance under the U.S. Department of Educat …
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- …
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 Ma …
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 is an extremel …
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 I talking about middle school? High s …
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 473 over the pa …
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 ped …
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 have problems with their mental and physical development. B …
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) where …
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 simultaneou …
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 from cyber-bullying through …