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.