Court Hands Defeat to MassHealth Attack on Elders Planning for Special Needs Children

Jacques v. Sudders (Massachusetts Superior Court, May 12, 2017) The Massachusetts Superior Court has preserved an important planning tool for elderly parents of disabled children when the parent is facing the crisis of nursing home care. The cost of that care can wipe out the parent’s funds, leaving nothing for the special needs child to […]

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US Supreme Court Establishes Standards for “Free Appropriate Public Education”

Endrew F. v. Douglas County School District After no IDEA Supreme Court cases for decades until this year, it took the United States Supreme Court only seventy days from oral argument to issue a unanimous opinion authored by the Chief Justice in favor of the plaintiffs in the Endrew F. case. This comes hot on […]

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Procedural Rights under the IDEA: Fry v. Napoleon Community Schools

“I bet Napoleon regrets getting Fry’s with that!” For the first time in decades, the United States Supreme Court has heard not one but two cases under the Individuals with Disabilities Education Act (IDEA). Both of them were plaintiff victories. The second – Endrew F. – is more significant in that for the first time […]

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Landmark Case in Special Education Law? Endrew F. Oral Arguments

Oral Arguments in Endrew F. before the United States Supreme Court, January 11, 2017 Maybe a landmark case in Special Education Law? We shall see. As we reported in our “2016 Year in Review,” last month, the United States Supreme Court agreed to hear on January 11, 2017 oral arguments in the Colorado case of […]

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BREAKING: Distributions from Self-Settled Trust not countable income for Section 8 Housing

DeCambre v. Brookline Housing Authority, Nos. 15-1458, 15-1515 (1st Cir. June 14, 2016) http://media.ca1.uscourts.gov/pdf.opinions/15-1458P-01A.pdf Summary: In a closely watched case, the United States First Circuit Court of Appeals rules that Housing Authority cannot count distributions from a self-settled trust when computing income and rent for a person receiving Section 8 federal housing assistance. June 20, 2016 […]

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Mark’s SuperLawyers Question

My partner Annette and I each get to answer one question of our choosing on the SuperLawyers website. (Yes, I know, its “Super Lawyers,” but I like writing it as one word anyway.) I’ve been on the SuperLawyers list since 2008 (thank you, SuperLawyers!), but this is the first time I’ve sat down to write […]

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Mark’s Upcoming Speaking Engagements

For those of you who are interested, I’ve added a few speaking engagements which are not yet on our website’s calendar. My partner Annette tends to speak more to the general public and parents’ groups, and I tend to speak mostly to lawyers, so I apologize that most of what I’ve listed here isn’t for […]

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