Newsletters

In OneLaw’s October newsletter, our Legal Assistant Madalyn Caiado explains parent rights under the school observation law in Massachusetts special education, Chris Connolly gets a client testimonial, there’s a reminder about the gift of estate planning, and I give thanks to all things OneLaw.

Read the full October 2025 newsletter HERE.

A text version is below.

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I am wholeheartedly giving thanks to everyone here at OneLaw as well as our extended family of clients and professionals who we work with day-in and day-out. Thank you!

In our newsletter this month, Legal Assistant Madalyn Caiado shares insight into the right of special education parents in Massachusetts to observe special education programming for their children, both current and proposed. Parents can also have someone observe on their behalf, such as a neuropsychologist, educational consultant, or advocate.

We periodically receive testimonials from clients. Attorney Chris Connolly received our latest one, which I have shared below. Feel free to reach out to me if you want to share your own.

As the holiday season approaches, we encourage everyone to consider creating or updating your estate plan. Ensuring your legacy follows your wishes is one of the best gifts you can offer to your family and loved ones. Contact us today for a consultation.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Transparency in Special Education: The Right to Observe School Programs

by Madalyn Caiado

Massachusetts law gives parents powerful rights when it comes to understanding their child’s special education program. One of the most important is the right to observe a child’s current or proposed school program. Classroom observation is a critical tool for parents, advocates, and independent evaluators because it allows them to meaningfully participate in the IEP process and determine whether a program is appropriate.

Two key sources govern this right:

1. 603 CMR 28.07(1), which addresses parental access and consent, and

2. DESE Technical Assistance Advisory SPED 2009-2.

Together these authorities make clear that public schools must grant timely, meaningful access for observations and may only impose limits in narrow, specifically justified circumstances.

In 2008, the Massachusetts Legislature amended Chapter 71B to strengthen parent participation. The amendment requires schools to give parents and their designees timely and sufficient access to both the child’s current program and any proposed program for evaluation purposes.

The Massachusetts Department of Elementary and Secondary Education (DESE) clarified this law through Technical Assistance Advisory SPED 2009-2, issued January 8, 2009. The Advisory makes several things clear – schools cannot delay or unreasonably restrict observations or create procedural hurdles for parents or evaluators. The observation is intended to help parents fully and effectively participate in determining an appropriate program.

603 CMR 28.07(1)(a)(3) specifies that “Parents have the right to observe any program(s) proposed for their child if the child is identified as eligible for special education services”.

What is Considered “Timely Access”?

SPED 2009-2 instructs school districts to schedule observations promptly, and to communicate with the parent/designee to coordinate details. Schools are not required to allow “drop-in” observations on demand. They may take reasonable steps to schedule and prepare. However, in most circumstances, observations should be able to be scheduled within a week of the request.

What Constitutes Sufficient Duration and Extent?

The observation law requires schools to allow program observations that are long enough to accomplish their purpose and DESE makes clear that “one-size-fits-all” limits are inappropriate. Although observations typically last between one and four hours, the actual duration should depend on the student’s needs, the nature of the services being observed, and the specific questions the parent or evaluator is trying to answer. An observation may include academic classes, small-group instruction, related services, inclusion settings, unstructured times, or a proposed classroom. If seeing a particular environment is necessary to determine whether a program is appropriate, the district must permit access.

Can School Districts Impose Conditions?

Under the observation law, districts may impose conditions or restrictions only when necessary to protect student safety, preserve program integrity, or safeguard the confidentiality of other students. DESE emphasizes that general concerns about disruption are not a valid basis for limiting access. Any restriction must be individualized and tied to one of the three permitted reasons, not imposed for the school’s convenience. Districts cannot require resumes, credentials, or special qualifications from parent-selected evaluators. Additionally, observers cannot be required to turn over or share their notes.

Common Violations

Despite clear guidance, many parents encounter improper restrictions such as strict time limits, limits on the number of observations allowed each year, excessive requirements for written requests, multi-week notice demands, or refusals to allow observations during unstructured or inclusion periods. Some districts prohibit observations of proposed out-of-district programs or insist that observers be “certified educators”. Under Chapter 71B § 3 and DESE’s Advisory SPED 2009-2, these practices are unlawful unless they relate directly to safety, program integrity, or confidentiality.

Why Observations Matter

Observation is often a critical step when parents are pursuing an independent evaluation, when a child is struggling in their current placement, or when a district proposes a different setting and parents need to understand the educational program and environment. It is also helpful if not essential when parents must decide whether to accept or reject an IEP and placement. Meaningful participation in the IEP process requires meaningful access, and parents cannot always evaluate the appropriateness of a program without seeing it firsthand. Parents should feel empowered to request observations clearly and early and should seek legal support when schools impose barriers inconsistent with the law.

If you are having difficulty arranging a school observation or feel your access is being unjustly limited, or you have any other educational law issue, OneLaw is here to support you and help you understand your rights.

Madalyn Caiado is a Legal Assistant in OneLaw’s Education Law practice.

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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.

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Testimonial for Attorney Chris Connolly

“Chris Connolly assisted our family with pending legal matters, which included a court appearance. Chris’ services were prompt, professional, and skilled, and he was a valued resource in the proceedings. I would not hesitate to recommend the services of Chris Connolly and OneLaw to others.” – H.R. (October 2025)

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, disability, family law, criminal and victim rights, special needs planning, guardianship, Juvenile Court, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s September newsletter, we welcomed our Legal Assistant Madalyn Caiado, celebrated Attorney Chris Connolly’s recent criminal jury trial win, and sent a reminder that we represent clients in residential real estate matters, including buying and selling homes.

Read the full September 2025 newsletter HERE.

A text version is below.

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Fall is settling in with the last gasps of summer, and the beginning of the school year is already in the rearview.

Here at OneLaw, we recently welcomed Madalyn Caiado as a Legal Assistant focusing on education law. Madalyn is a graduate of New England Law.

In our newsletter this month, Attorney Chris Connolly shares a recent criminal jury trial experience where he secured a not guilty verdict for his client.

There is also a reminder we represent clients in residential real estate matters, including buying and selling homes.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq. Principal Attorney

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A Winning (Jury Trial) Formula

by Chris Connolly, Esq.

Last month, I won a Not Guilty verdict for all counts against my client, who was erroneously charged with firearm offenses.

I encountered many issues throughout the life of the case. It involved police surveillance via social media of young kids, a motion to suppress the search and seizure of my client in a motor vehicle along with other young people, discovery motions to establish violations of my client’s equal protections under the law, DNA evidence, and a high stakes trial involving a mandatory minimum sentence if my client had been convicted.

Trials are difficult and take enormous amounts of preparation. A defense attorney has to manage expectations of your client, ensure that the evidence presented is straightforward for the jury, and hold back your emotions of excitement, stress, and impatience. You need to be constantly ‘on’. Every detail considered. That is all hard to do when the stakes are high.

In the trial, one witness tried to deny he shared a view from a particular vantage point. I was prepared with photographs of his colleagues and him to reveal his memory had faltered over the years. Had I not presented the evidence in that way, it is possible the outcome would have changed.

The jury made the correct decision after a very short deliberation. My client was ecstatic after the verdict, along with supportive friends and family.

All in all, a very rewarding experience for a trial attorney. There’s nothing like hearing a jury foreperson say “Not Guilty”.

Attorney Chris Connolly specializes in representing clients in a range of matters, including education law, criminal law, disability law, and related practice areas.

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MADALYN CAIADO

Madalyn Caiado is now a Legal Assistant at OneLaw with a focus in education law.

Madalyn graduated from the University of New Hampshire in 2020 with a Bachelor’s degree in Psychology, focusing on childhood learning and behavioral development.

Before attending law school, she worked extensively with children in both school and home settings, gaining firsthand experience with the challenges students and families face in educational environments.

In 2025, Madalyn earned her Juris Doctor from New England Law | Boston. During her time there, she participated in a legal clinic as a student attorney, working directly on education law cases and advocating for students’ rights. This experience deepened her commitment to helping families navigate complex educational systems.

Outside of work, Madalyn enjoys pottery, yoga, hiking, and exploring new coffee shops.

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RESIDENTIAL REAL ESTATE

Whether you are buying or selling a home, with experience or for the first time, contact OneLaw for legal representation throughout the process.

We offer flat fee rates for standard purchase and sale transactions.

We also advise clients regarding condominiums, deeds, drafting legal documents, and other areas within residential real estate.

We are also always looking to connect with real estate agents and home financing professionals.

Reach out to set up a time for us to talk about how we can assist each other.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, disability, family law, criminal and victim rights, discrimination, special needs planning, guardianship, Juvenile Court, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s May newsletter, we take a moment to reflect on what we are thankful for, I review disability categories in special education law, and there is a reminder that we represent clients in criminal and juvenile matters.

Read the full May 2025 newsletter HERE.

A text version is below.

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Summer is just around the corner!

Please take a moment this weekend to reflect on everything you are thankful for, and hopefully you have time to enjoy the long weekend.

Here at OneLaw we continue to expand as we look for a new education law attorney to join our practice. Read below for more information.  We are also always open to speaking with established attorneys who are interested in working with our firm in any of our practice areas or any area that serves individuals and families.

In the newsletter this month, I review disability categories in special education law. I also include a reminder that we represent clients in criminal and juvenile matters.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. How can we help you? Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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EDUCATION LAW ATTORNEY

OneLaw is looking to hire an attorney in our education law practice. The position is immediately available and can be part-time or full-time. Ideal candidates have experience or a strong interest in the field of education. Though not required, prior experience in education law (or litigation experience and an interest in education law) is helpful. We are open to newer attorneys as well as more experienced attorneys looking to move into a new rewarding practice area. Though some amount of work can be done virtually, you would be expected to come into the office periodically. Applicants must be highly motivated and want to actively contribute collaboratively to an expanding law practice. Any experience in complementary or additional practice areas is desirable. Pay is commensurate with experience. We are also always open to speaking with established attorneys who are interested in bringing their experience, client base, and referral network to our growing firm in any practice area that serves individuals and families. Please contact Peter Hahn by email with a resume and letter of interest.

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Defining Disability Categories in Special Education

by Peter A. Hahn, Esq.

Both Massachusetts and federal law define certain types of disability categories for the purposes of eligibility for special education.

Specific definitions under Massachusetts law can be found at 603 C.M.R. 28.02 (https://www.doe.mass.edu/lawsregs/603cmr28.html?section=02) and under federal law at 34 CFR §§300.8(c) (https://sites.ed.gov/idea/regs/b/a/300.8) . There is overlap but there are differences.

Some examples of disability categories are:

Autism – A developmental disability significantly affecting verbal and nonverbal communication and social interaction.

Developmental Delay – The learning capacity of a young child (3–9 years old) is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: receptive and/or expressive language; cognitive abilities; physical functioning; social, emotional, or adaptive functioning; and/or self-help skills.

Intellectual Impairment – The permanent capacity for performing cognitive tasks, functions, or problem solving is significantly limited or impaired and is exhibited by more than one of the following: a slower rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or difficulty understanding abstract concepts.

Emotional Impairment – The student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems.

Health Impairment – A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality, or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student’s educational performance.

Specific Learning Disability – A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think speak, read, write, spell, or to do mathematical calculations.

There are also other categories, including Communication Impairment, Neurological Impairment, Orthopedic Impairment, Physical Impairment, and Sensory Impairment (Hearing Impairment or Deaf, Vision Impairment or Blind, Deafblind).

A student with at least one disability who is not making progress at school may be eligible for special education from the public schools.

Contact us if you have any questions about this process or if you encounter issues with a school denying your child a free appropriate public education.

Attorney Peter A. Hahn is the founder and principal attorney of OneLaw. He represents clients in a range of matters, including all aspects of education law.

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CRIMINAL & JUVENILE LAW

We represent minors and adults in all criminal and juvenile matters. If you, a loved one, a child, or friend has been arrested or is the subject of a criminal investigation, contact us for representation or a consultation. Do not appear for any court hearing or police interview without an attorney. We have experience with a whole array of criminal charges, from trespass to unlicensed possession of a firearm. We ensure you understand the process every step of the way, and that you will receive zealous advocacy in court.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s April newsletter, I write about “the busy season” for education law, Attorney Chris Connolly shares his thoughts and a brief case review regarding disability accommodations at school, and there is a reminder that we represent clients in estate planning and special needs planning.

Read the full April 2025 newsletter HERE.

A text version is below.

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This is “the busy season” for our school cases. Kind of like tax season for accountants (but very different!). Special education matters come to fruition. Families finally lose their patience with schools. Students get in more trouble. It’s a fascinating annual cycle. We certainly have school cases all year round, but they definitely go into another gear in the spring.

Not too long after last month’s client testimonial, I received another one. It’s always great to hear back about our successes! Read on for more.

In the newsletter this month, Attorney Chris Connolly shares his thoughts and a brief case review regarding disability accommodations at school, including decisions from the United States District Court and the Bureau of Special Education Appeals.

There is also a reminder that we represent clients in estate planning and special needs planning. Let us know if you need to draft a will, update your estate plan, consider a health care proxy or power of attorney, or set up a trust to manage assets.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. How can we help you? Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq. Principal Attorney

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CLIENT TESTIMONIAL

“After working vigilantly to advocate for our daughter in our school district, and 19 years of sleepless nights, I reached out to Attorney Hahn for assistance. He not only understood our frustrations and supplied us a road map, he also suggested a Special Needs Advocate to help obtain our daughters goals. For the first time I was confident in the team around my daughter. That confidence became surety, and success when our goal of a residential program was realized. Our family has been changed for the better, and our daughter is thriving like never before.

Attorney Hahn was recommended to me by a Pupil Services Director in another school district. ‘This is the guy our attorney is always concerned about. I know you, he’s the guy that you want to work with.’ As a parent, I couldn’t have asked for a more qualified recommendation. Or someone who would have worked better with us.

Attorney Hahn worked to ensure we were clear about our options, and what could be the best and worst case scenarios for each decision we made. Finally, after years of feeling as though we weren’t being given the full story in relation to our daughter’s education and rights, we were confident about how to best obtain her goals.

Not only did Attorney Hahn supply us with a roadmap to success, he gave us outstanding recommendations of others in the community to work with. Together we built a successful, connected team that achieved our daughter’s goal, in an extremely short time frame. Attorney Hahn’s guidance took the guesswork out of advocating for our daughter’s long-term transition goals. And helped us to achieve them.”

– S.E. (March 2025)

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Disability Accommodations at School

by Chris Connolly, Esq.

Frequently discussed, but rarely defined, reasonable accommodations under Section 504 and the Americans with Disabilities Act (commonly referred to as the ‘ADA’) are seen in many classrooms K-12, college and universities, and workplaces. The accommodations can include extra time to take testing, preferential seating for hearing, visual, or attentional disability symptoms, or a great many other approaches to ensure that people with disabilities have equal (or ‘meaningful’) access to work and education.

What makes an accommodation reasonable, however, particularly if the student or employee disagree with the school or employer about what is necessary to allow the aggrieved person to have an equal opportunity with able bodied or typical age peers?

Like in many things in the law, it depends. Some factors include whether the person with the disability is an adult or child, attending school or trying to join a trade, and what the scale of access is being denied. Caselaw is clear that generally the greater expert opinion from a qualified physician or other expertise, the stronger the case is for the student or worker, but not always.

Federal courts have taken great care to review the purpose of the exam or rationale for not providing an accommodation. For example, where an examinee seeks an accommodation that would preclude an accurate evaluation of abilities measured by the test, denial of the requested accommodation is not unlawful.

But sometimes it works in favor of the plaintiffs. In a class action lawsuit against Boston University regarding eligibility and application of reasonable accommodation requests, the students won. “[The dean’s] reliance on discriminatory stereotypes, together with his failure to consider carefully the effect of course substitutions on BU’s liberal arts programs and to consult with academics and experts in learning disabilities, constitutes a failure of BU’s obligation to make a rational judgment that course substitutions would fundamentally alter the course of study. Although BU ultimately has the right to decline to modify its degree requirements – and that decision will be given great deference – it must do so after reasoned deliberations as to whether modifications would change the essential academic standards of its liberal arts curriculum.” Guckenberger v. Boston Univ., 974 F.Supp. 106, 149 (D.Mass.1997). In other words, the courts have said that the school can’t arbitrarily dismiss requests for reasonable accommodations and schools need to have thoughtful expertise about the interaction of the material and the need to access it.

Recently, the Bureau of Special Education Appeals (“BSEA”) addressed a hearing request from parents seeking accommodations in the classroom for the serving of snacks to adjust sugar levels and monitoring of glucose levels for their diabetic child. The BSEA hearing officer found that teachers in the classroom could not monitor the administering insulin because a state regulation specifically prohibits non-medical staff from doing so. “The BSEA simply does not have the authority to order Milton to act in contravention of state law or to make a determination regarding whether the state law conflicts with Section 504 [the basis of the accommodation request]”. In re: Student v. Milton Public Schools, BSEA # 25-06739. But the other aspects of the due process complaint regarding reasonable accommodations could move forward to hearing which might allow the student greater access to class time without having to travel to the nurse’s office all the time.

Whether you can receive a disability related accommodation or not depends on the circumstances and the law. If you are seeking reasonable accommodation or having a hard time at school with getting the school to address your requests, please contact our office. We’re here to help.

Attorney Chris Connolly represents OneLaw clients in several practice areas, including education, civil rights, and criminal matters.

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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s March newsletter, I share a validating update from a former client, and Attorney Chiara LaPlume highlights the essential role an attorney plays in real estate conveyancing – otherwise known as buying or selling a home.  There is also a reminder that we represent clients in a whole range of student discipline matters.

Read the full March 2025 newsletter HERE.

A text version is below.

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Spring is here!

I recently received an update from a former client who had a contentious matter with their school district regarding their daughter. We resolved that matter years ago and now she is thriving in college, which was great to hear. Though we know the immediate outcome of our work, we don’t usually get this type of long-term feedback. Quite validating.

In the newsletter this month, Attorney Chiara LaPlume highlights the essential role an attorney plays in real estate conveyancing – otherwise known as buying or selling a home. There is also a reminder that we represent clients in a whole range of student discipline matters.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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CLIENT TESTIMONIAL

“Our daughter graduated from high school and is completing her second year at Wellesley College. Not bad for a student that our town said – ‘she probably won’t be able to attend or do well at college’ – and then encouraged us to think of another education path and career choice. We thank Attorney Hahn for helping to make this educational journey possible! We found him to be thoughtful, kind, an excellent listener, a tenacious advocate, and someone who cares deeply for the clients he represents and the outcomes he delivers.” – E.P. (March 2025)

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Why You Need A Real Estate Lawyer

by Chiara LaPlume, Esq.

Spring is in the air, snowdrops have sprouted, and the real estate market is buzzing. You might be wondering – how do attorneys fit into the real estate purchase and sale process.

Do I need a lawyer?

In a word, yes. The work related to the transfer of title, also known as conveyancing, is considered practicing law in Massachusetts, and must therefore be performed by a licensed attorney. This is not the case in all states. Before the title is transferred, a purchase and sale agreement is also negotiated. This, too, is considered practicing law.

More importantly, perhaps, the purchase of your home is going to be one of your largest investments. It just makes sense to hire someone to represent your interests in this process, and to anticipate roadblocks and make sure the process run smoothly and your interests are protected.

When do I hire an attorney if I am selling?

Although most of the time I hear from sellers once an offer has been signed, there are advantages to contacting a lawyer before then. These include:

* the opportunity to review the listing agreement with your real estate agent before it is signed – there are always changes;

* having the opportunity to ask questions about the process, and to assess for any possible issues – this allows a seller to have more time to correct any title issues, authority documents, etc.; and

* having time to set up the attorney-client relationship so that it does not become an emergency once the offer has been accepted, and a purchase and sales agreement needs to be generated to meet the offer’s deadlines.

When do I hire an attorney if I am buying?

On average, buyers will often look to hire an attorney once the offer is signed. Buyers who have worked with me before . . . know better.

There is some work that can be done earlier, before an offer is made. Examples include:

* reviewing the agreement to work exclusively with a buyer’s agent. The recent National Association of Realtors settlement of 2024 requires that realtors disclose what their compensation will be before they show a buyer a property. This means that (unlike in the past) you will be asked to sign an agreement for the hiring of a buyer’s real estate agent before they will take you to see listings. The format and content of these agreements is not uniform;

* a lot of clients appreciate some due diligence being done before the home inspection takes place, as learning about a property can highlight items for the home inspector to review during the inspection;

* sometimes as attorneys we can help you find a lender that will be able to close under your or the property’s specific conditions – and within your offer’s timeframes. Sometimes a seller will want the offer to contain terms that your original lender cannot work with; and

* I am sometimes asked to confirm rights or restrictions of your future home that may critical to a buyer, such as whether your puppy is allowed “as of right” in a condominium association (even if the dog weighs 100 lb), or if you can level the yard and install the pool you had planned for.

Whatever you situation, real estate transactions can feel high-pressure and fast-paced once an offer is made. OneLaw is happy to meet you where you are at, whether it’s before the offer is signed or after.

Attorney Chiara LaPlume represents OneLaw clients in a variety of residential real estate matters.

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STUDENT DISCIPLINE

Might spring fever have gotten your child in trouble at school?

We represent clients in public and private schools facing an array of disciplinary procedures, from grade reduction and detention to suspension and expulsion. There are laws about what public schools can and cannot do in disciplinary situations, and in many cases, there are due process requirements that schools must follow. We provide legal advice, preparation for, and representation at disciplinary hearings of all kinds, from elementary and secondary schools to colleges and universities.

Contact OneLaw for a consultation or representation if you or your child is facing a disciplinary matter at school.

We also answer some common questions on our website (http://one-law.us/discover-more-about-student-discipline/) .

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s February newsletter, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm.  There is also a reminder that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child.

Read the full February 2025 newsletter HERE.

A text version is below.

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Tonight OneLaw will gather for dinner to celebrate an eventful 2024. We got delayed by a month due to illness but finally have the opportunity to step back from the work and reflect on our successes.

I also want to extend thanks to all our clients and collateral professionals who work with us. We consider you all part of the larger OneLaw family.

As for the newsletter this month, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm. He is seeking to suppress evidence, arguing the police actions were unconstitutional, hopefully leading to a dismissal or a better case for trial.

There is also a reminder below that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child. One common scenario we deal with is a child with a qualifying disability approaching 18 years old whose parents may need to petition for guardianship to be able to make educational, medical, and/or financial decisions once that person becomes a legal adult.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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From the Courtroom: Police Surveillance of Snapchat and a Questionable Arrest for Gun Possession

by Chris Connolly, Esq.

One issue I am litigating right now is in a criminal matter charging improper possession of a firearm and involving social media surveillance by the police. We are scheduled for a motion to suppress hearing, which is a stage in litigation prior to trial that involves the defendant and the prosecution calling witnesses in an evidentiary hearing to determine if the police or another government actor violated the constitutional rights of the defendant and if so, whether the evidence should be ‘suppressed’ or withheld from evidence at trial. Sometimes if the defendant wins the motion to suppress hearing, the decision is dispositive and results in a dismissal. Even if the defendant does not beat the case with a successful motion, the prosecution’s case for trial would be limited and more favorable for the defendant.

My client is accused of having possession of a firearm without a license to carry while he was in an Escalade filled with other passengers. There’s a mandatory minimum sentence to serve. The stakes are rather high for this young man.

The police force in this matter have infiltrated a lot of people’s social media including Snapchat without the users knowing the joined account is administered by a cop. They have focused on young people’s accounts and usually people of color. Often, the police have portrayed themselves as someone else including as a woman (when the officer was a man) so the user of the social media would not know they were being followed by a police officer. In this case, the police believed that someone in an Escalade had a gun based on recently posted Snapchat images which resembled a gun. The police decided to pull over the Escalade although they were not sure who owned the social media account. My client had not been in any image from this Snapchat account, but he was caught up in the assumptions the police made. The police ordered everyone to get out, searched a backpack they say was near my client, and found a firearm.

The social media surveillance and the conclusions the police drew on that day were problematic for the reasons that will be litigated, implicating the constitutional right against unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article XIV of the Massachusetts Declaration of Rights. For example, defendants have the right in some circumstances to stay in their car when they are pulled over by the police and to be free from pat downs. See Commonwealth v. Torres-Pagan, 484 Mass. 34 (2020). In addition, the Supreme Judicial Court has addressed when particularly egregious incidents of police surveillance of media accounts may be suppressed. See Commonwealth v. Carrasquillo, 489 Mass. 107 (2022).

There is a clear lesson for people in this case, particularly youth. Be careful of what you and your friends post online. Assume what’s happening online is public even if the functions of the account include privacy settings. Remember that nothing posted online can really ever be completely lost or destroyed. And even if the image is actually something else, if some people believe what you’re posting online is illegal or dangerous, you or your friends could get in trouble. Never post something that could be seen as illegal or something about a fight or linking you to crime scene.

If you have a criminal case or related question and would like representation, please contact us.

Attorney Chris Connolly represents OneLaw clients in a variety of practice areas, including education, criminal, juvenile, civil rights, disability, and related matters.

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GUARDIANSHIP

Adults with disabilities may need a court-appointed guardian if they are not able to make basic legal decisions for themselves, including financial, medical, and educational decisions.

OneLaw works with parents and other caretakers interested in seeking guardianship over any adult who qualifies. This includes planning in advance for children who are about to turn 18.

We also work with caretakers who seek guardianship of a minor if that child’s parents are unable to care for the child.

Contact OneLaw for a consultation if are considering guardianship of a loved one.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s January newsletter, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Read the full January 2025 newsletter HERE.

A text version is below.

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Is it really 2025?

Welcome to the new year, and the next quarter century!

In our newsletter this month, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Attorney Herr is our expert in family law. Attorney Holly Vietzke can help with any estate planning that needs to be addressed as well.

And did you know we also represent clients in consumer protection matters? Connect with us if you’ve encountered a Massachusetts business that engaged in unfair or deceptive business practices.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Legal Protections for Same Sex Families in an Uncertain Time

by Beth S. Herr, Esq.

It’s understandable if you are anxious, worried, or scared under the new administration about same sex marriage, same sex couples’ rights to their children, and LGBTQ rights.

Let us focus on married same sex parents and unmarried same sex parents for a moment. Since the election, I have had many clients call me asking what they should do to protect their parental rights.

Here are some of their concerns:

If we are married and we are both on the birth certificate, are both of our rights protected?

It is my recommendation that the non-biological parent should adopt the parties’ child(ren) even if they are on the birth certificate. Adoption provides more protection for both parents. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we are not married but have co-parented our child(ren) but the non-biological partner has not adopted the child(ren), are both of our rights protected?

This question raises a serious but common issue, which is not impossible to circumnavigate. My recommendation is that the non-biological partner immediately adopt the parties’ child(ren) to provide them with legal acknowledgement that they are their child(ren)’s parent. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

Whether married or unmarried, if one person in a same sex marriage has adopted the child(ren) but the co-parent of the child(ren) has not adopted the child(ren), are both our rights protected?

The adoptive parent has much more protection than the non-adoptive parent. I recommend that the parent who did not adopt the child(ren) do so as soon as possible. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we used a surrogate to have our child(ren), are both of our rights protected?

If the surrogate signed over her parental rights but the couple never adopted their child(ren) or only one of the parents adopted the child, I recommend immediately that both parents adopt the child(ren).

In addition to the above questions, I also strongly recommend that everyone have health care proxies and powers of attorney and that same sex parents include their children in their documents to enable both parents to have the legal right to make health care and other decisions for their children.

An interesting thing that is also taking place is that several of my clients’ adult children have requested to be adopted by their non-biological parent to legalize their relationship with that parent. People seem to feel insulated living in Massachusetts. Right now, that sense of protection is reasonable, however we do not know what the future holds. If you have questions or concerns or need legal assistance, please feel free to contact us.

At OneLaw, Attorney Beth S. Herr specializes in family law, guardianship, and child welfare matters.

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CONSUMER PROTECTION LAW

Massachusetts General Laws Chapter 93A is the Consumer Protection Law that provides a legal action against businesses that engage in unfair and deceptive business practices.

The law allows a customer to recover actual financial damages, or two to three times that amount if the unfair or deceptive practices were knowing or willful. You can also recover attorney’s fees.

There is a notice requirement. At least 30 days before going to court, you must send a letter to the business informing them of the injury suffered, the unfair or deceptive business practices, and your requested relief (i.e. financial amount).

Contact OneLaw for a consultation if you’ve lost money to a business that’s been unfair or deceptive to you.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s November newsletter, I discuss transition planning in special education law.

Read the full November 2024 newsletter HERE.

A text version is below.

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Thanksgiving is one of my favorite times of the year. A few days off with family, friends, good food, and a nap. I hope you get a moment to relax.

OneLaw recently welcomed Alyssa Vachon Daigneault. Attorney Daigneault will focus on education law for the firm. She is a teacher turned lawyer.

In our newsletter this month, I discuss transition planning in special education law.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education Transition Planning

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires public schools to provide students with disabilities a free appropriate public education (“FAPE”) that includes special education and related services as described in an individualized education program (“IEP”), including transition planning for older students to develop skills to promote success with identified post-secondary goals.

In enacting IDEA, the United States Congress stated in 20 U.S.C. § 1400 that “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” One stated purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education . . . designed to meet their unique needs and prepare them for further education, employment, and independent living . . . .”

In Massachusetts, “[b]eginning age 14 or sooner if determined appropriate by an individualized education program team, school age children with disabilities shall be entitled to transition services and measurable postsecondary goals”. M.G.L. c. 71B, § 2. “The school district shall ensure that options are available for older students, particularly those eligible students of ages 18 through 21 years. Such options shall include continuing education; developing skills to access community services; developing independent living skills; developing skills for self-management of medical needs; and developing skills necessary for seeking, obtaining, and maintaining jobs.” 603 C.M.R. 28.06(4).

Under IDEA, the IEP must include “the transition services (including courses of study) needed to assist the child in reaching those goals” in the IEP. “The term ‘transition services’ means a coordinated set of activities for a child with a disability that—(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”

As you can see, transition planning is supposed to be comprehensive for special education students so they are prepared for further education, employment, and independent living.

Schools should be doing transition evaluations and incorporating transition planning into the IEP. Private assessments can also be helpful.

Make sure the special education Team is addressing the transition plan early enough so the student can develop the necessary skills while still eligible for special education.

Attorney Peter A. Hahn specializes in representing families in a range of education matters, including special education, as well as related practice areas.

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ALYSSA VACHON DAIGNEAULT

Alyssa Vachon Daigneault is now Of Counsel to OneLaw with a focus in education law.

Alyssa originally graduated from the University of New Hampshire – Durham in 1997 with a Bachelor’s degree in chemistry.

She spent the first part of her career in the petrochemical industry. In 2000, she transitioned to high school education and spent 21 years teaching chemistry and engineering in Newton and Winthrop, Massachusetts. In 2012, she earned her Master’s degree in educational leadership at Simmons College and spent five years and the Science Department head at Winthrop High School.

Now Alyssa is in the field of law. In 2024, she graduated from the New England Law school in Boston.

Outside of work, Alyssa spends time with her husband, eight sons, and their dog Nina. Her hobbies include yoga, skiing, hiking, reading, and enjoying nature.

Alyssa is admitted to practice law in Massachusetts.

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Happy Thanksgiving from OneLaw!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s October newsletter, Attorney Chiara LaPlume discusses residential real estate updates.

Read the full October 2024 newsletter HERE.

A text version is below.

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The weather is unpredictable but at least we are still able to enjoy leaves changing color, apple picking, and Halloween!

In our newsletter this month, Attorney Chiara LaPlume checks in with updates from the world of residential real estate.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Updates from the World of Real Estate

by Chiara LaPlume, Esq.

Rate Cuts: What do they mean for mortgage rates?

On September 18, 2024, the Federal Reserve announced a deep rate cut of 0.5%. To over-simplify, the Fed sets the interest rate at which the Fed lends money to banks. The banks then in turn lend that money to us – with a markup. When the Fed rate changes, we see a direct impact on variable rate loans, such as credit card rates, home equity line of credits where the rate changes monthly, and the interest that we earn on our savings account. But what about mortgage rates? Since mortgages are usually repaid on average in about eight years (through either the sale of the home, refinance, or borrower payoff), there is no direct link between the Fed rate changes and mortgage interest rate changes. Historically, the closest correlation for mortgage rates in the market is the 10 year U.S. Treasury bond. Make no mistake, mortgage rates have decreased following the Fed’s rate cut announcement, even if the two rates are not directly linked. If you are wondering if it might be time to refinance your existing mortgage, reach out to your loan officer and request both a quote for a new mortgage rate and estimated closing costs to refinance. Your closing costs will effectively be your cost to lower your rate. Should you choose to refinance your mortgage, you can often choose the law office to handle your refinance, even if your loan officer does not volunteer that you have a choice. Please consider requesting that your lender assign OneLaw to handle your closing – we would love to help you!

Real Estate Agent Commission Update

The National Association of Realtors settlement went into effect on September 16, 2024, so that now the commission fee offered by a seller to a buyer’s real estate agent is not published on the MLS listing system. As a seller, you can expect a discussion of whether or how much you may wish to compensate a buyer’s agent as you put together your listing agreement with your listing agent. (The choice was always there, but you may have more questions to evaluate your options.) As a buyer, you can expect a buyer’s agent to ask that you sign an agreement clarifying how you expect the agent who is helping you to be paid. If you are not asked to sign an agreement when you begin working with a buyer’s agent, you will certainly be asked to sign an agreement before viewing a property. Are real estate agent commissions worth it? To summarize, yes. Professionals who have the expertise to help you through a stressful and costly transaction are a good investment. You can feel free to openly discuss with your agent how much they will be paid, what services you can expect for their fee, and how that payment is going to be structured. If you have any questions, or would like help in reviewing a listing agreement or buyer’s agreement, feel free to reach out to us.

Spooky Fun Fact for Halloween

In Massachusetts, there is a law stating that real estate brokers and sellers are under no legal obligation to disclose that a property for sale is a haunted house. Or, to put it in legal terns, that “the real property has been the site of an alleged parapsychological or supernatural phenomenon.” M.G.L. Chapter 93, Section 114.

Attorney Chiara LaPlume represents clients in residential real estate matters for OneLaw. She is also a title agent.

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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s September newsletter, Attorney Chris Connolly discusses a recent success in a criminal case with a Motion to Suppress, and Attorney Peter Hahn reviews what happens when a school attempts to graduate a student who is not receiving a free appropriate public education.

Read the full September 2024 newsletter HERE.

A text version is below.

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Back to school is in full swing with beautiful weather to cap off the summer. The Red Sox are hanging on, the Patriots won their first game, and the Celtics and Bruins will be playing as soon as you know it. This month Attorney Chris Connolly writes about a recent success in a criminal case where he won a Motion to Suppress. I take a look at an interesting piece of special education law – what happens when a school attempts to graduate a student but the student is not receiving a free appropriate public education. OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education & Graduation

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities special education until their 22nd birthday or until they graduate from high school with a regular diploma. In Massachusetts, graduating with a diploma typically means achieving the competency determination standard by passing MCAS requirements and meeting local graduation requirements as established by the school district. The United States Supreme Court has made clear that IDEA compels school districts to provide special education students a free appropriate public education (FAPE) with an appropriately ambitious and challenging IEP reasonably calculated to allow the student to make progress in light of the child’s circumstances. There can be times when school districts say a student has graduated and therefore is no longer entitled to special education, but parents disagree and reject such termination and refuse to accept the issuance of a diploma, such as if their child is not making progress on goals, their need for transition services is significant, or there is a denial of FAPE. The Massachusetts Department of Elementary and Secondary encourages school districts and families to work out the disagreement, either through the Team process or by way of a dispute resolution process such as mediation. Ultimately, if the parties cannot come to an agreement on how to move forward, a parent or school can file a due process complaint and request for hearing at the Bureau of Special Education Appeals seeking a legal decision from a hearing officer regarding the status of the student and school district.

Peter A. Hahn is the Founder and Principal Attorney of OneLaw.

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A Winning Motion to Suppress

by Chris Connolly, Esq.

I recently prevailed to suppress all evidence against my client obtained via a police search and seizure of his car and person during a roadway stop. In most instances, if the police have violated the constitutional rights of a defendant, the evidence obtained as a direct result of the violation by police is suppressed, which means the evidence cannot be used at trial against the defendant. If evidence is suppressed, this can result in a dismissal of charges or more favorable conditions at trial for a defendant. There are two common issues a defendant usually raises to suppress evidence. A defendant can challenge a search and seizure as unreasonable and argue that his privacy rights were violated. You most commonly hear about this issue when someone talks about their Fourth Amendment rights like the requirement for the police to get a warrant. Searches conducted in the absence of a warrant are presumed to be unreasonable and the government has the burden to persuade a judge otherwise. Another issue is Equal Protection. This is a right of a defendant to be treated fairly and without discrimination by police and other government actors. If a client is targeted at least in part on the basis of a protected class in Massachusetts like race or sexuality, even if by implicit bias by the police, the evidence obtained by the search should be excluded. This can be a difficult issue to litigate, but is most commonly demonstrated by the use of statistics showing disparate treatment by the specific officer as well as inferences from the search itself to force the Commonwealth to try to rebut the inferences of discrimination. I raised in my recent successful case that the evidence against my client should be suppressed due to an unreasonable search and seizure. The state trooper alleged that my client, who spoke no English, committed several traffic infractions, which we challenged. Police have the right to make an inquiry and interact with a motorist if they see a traffic violation or have reasonable suspicion of a traffic violation, but not if they are acting on a hunch or have insufficient evidence to make the stop. I also challenged the stop for an impermissible exit order from the vehicle. Unlike in federal constitutional rights, drivers and passengers in Massachusetts law have the right to be free from an order to leave a seized vehicle absent a few exceptions including: police are warranted in the belief that the safety of the officers or others is threatened; police have reasonable suspicion of criminal activity and the exit order is proportional to privacy concerns of the defendant to investigate the suspicion; or police are conducting a search of the vehicle on other grounds such as probable cause to search. Simply because the police have made a valid stop and exit order does not necessarily mean the police can search the person or car. The police need even greater evidence support that the police are in danger or that there is evidence of a crime to search you or your car. At each step in the process of the police’s search and seizure, the police actions must follow the law. At OneLaw, we zealously represent our clients, make sure the law is followed, and fight for the best outcome possible.

Attorney Chris Connolly represents clients in education, criminal, juvenile, and civil rights matters for OneLaw.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.