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MASSACHUSETTS

Special-education breakthrough

On February 27, 2004, the Flask* family received a letter from their school district stating that their homeschool proposal for their special needs son, Brendan*, had been rejected because it "did not support a free and appropriate public education." A few weeks later, the school district formally requested an appeals hearing before the board of special education.

Home School Legal Defense Association Attorney Scott Somerville flew to Massachusetts to meet with the family and school officials, who agreed to postpone the special education hearing and consider the family's original plan.

After reviewing Massachusetts homeschool law and considering the issues that had been raised at the pre-hearing conference with Somerville, the school's attorneys recommended that the district review the family's home education proposal as if it were any other proposal, rather than forcing the family to jump through additional hoops because the child had been identified as having special needs. On June 11, 2004, the assistant superintendent officially approved the Flasks' plan.

The school district still had some concerns about possible liability with respect to the special education laws, but the parties were able to reach a mutually agreeable confidential agreement that eliminated that problem. On August 9, 2004, the district withdrew its request for a special education hearing. After many difficult months, the Flasks can finally homeschool in peace!

— by Scott W. Somerville