Choate & Ed Law Project Secure Meaningful Education Plan for Student and Family

Choate reached a settlement with a Massachusetts public school district (the “District”) for a client through our pro bono collaboration with the Ed Law Project.  Our client, an elementary school student, faced termination of her individualized education plan (“IEP”).  After several attempts to compromise, the District refused to budge.  Shortly after the final attempt at mediation, the District filed for a hearing (an adversarial process) to terminate special education services for our client, and instead provide our client with a 504 Plan.  Ordinarily a 504 Plan addresses health needs, does not provide for services - and can be changed by the school/District at any time. The Choate team, consisting of Peter Alvarez and Julia Hesse, in collaboration with Erin Hehn O’Sullivan of the Ed Law Project, offered to settle the dispute under terms that guarantee an array of services, accommodations, transportation and procedural protections for our client throughout the remainder of her elementary school career.

The Choate team came up with the novel concept of marrying the 504 Plan to a settlement agreement with procedural safeguards for the client.  These safeguards allow the family to feel secure that their child will receive much needed services for the remainder of elementary school, and allow the District to avoid adversarial litigation with one of the families that it serves. The Ed Law Project noted that they will use Choate’s “504 Plan with teeth” concept for similar disputes in the future.  A win all around!