Steven J. O'Neill

How to Prepare for Your IEP Meeting in Massachusetts: A Parent’s Organizer + Checklist

IEP meetings go smoother when you arrive organized, with clear priorities and the right documents. Below is a practical, Massachusetts-specific organizer you can use to prepare-paired with citations to state rules and official guidance. 1) Two Weeks Before: Gather & Organize Key Records Create a folder (digital or binder) for the last 2-3 years of documents. Organize by section so you can quickly reference data during the meeting. Educational records: prior IEPs/504s, progress reports/report cards, attendance, discipline notes, state test results. Evaluations/assessments: school evaluations (psych/ed/speech/OT/PT), any Independent Educational Evaluations (IEEs), relevant medical or therapy reports. Communication logs: important emails, prior written concerns, meeting notes. Why …

Read more

Massachusetts IEP Timeline: Key Deadlines Every Parent Should Know

Navigating the IEP process can feel overwhelming – but knowing the required Massachusetts timelines empowers you to advocate effectively. Below is a clear, parent-friendly roadmap from referral through implementation, with citations to the state regulations. 1. From Referral to Evaluation When a referral is made, the district must act promptly: Within 5 school working days: The district must notify parents and seek consent for an initial evaluation. (603 CMR 28.04(1)) Within 30 school working days: The district must conduct and complete evaluations. Assessment summaries must be available to parents at least two (2) days before the IEP Team meeting. (603 CMR 28.04(2)(c)) 2. Team Meeting & IEP Development After …

Read more

Understanding the New Massachusetts IEP Form: What Parents and Guardians Need to Know

Introduction Massachusetts has launched an updated IEP form effective with the 2024-2025 school year – the first significant revision in over 20 years. This change marks a more inclusive, student-centered era in special education. In this post, we’ll walk you through what’s new, why it matters, and how parents can start preparing for a successful IEP process. Plus: read and download our full Massachusetts IEP Preparation Checklist (2025 Update) to follow every step. 1. What’s Different About the New IEP Form? More inclusive designation of disabilities The updated form allows for multiple disability checkboxes, instead of only indicating a primary category – reflecting the real-life …

Read more

Why the Outside General Counsel Model Is More Relevant Than Ever in 2025

The 2025 State of the Corporate Law Department Report from Thomson Reuters reveals a legal landscape in flux—one where general counsel (GCs) are redefining their roles, rethinking value, and embracing new models of legal service delivery. Among the most resilient and adaptive models is the Outside General Counsel (OGC) approach, which continues to gain traction across industries. The Value Imperative “Value” is the dominant theme of the 2025 report. It was mentioned three times more often in interviews than in the previous year [1]. GCs are no longer just legal advisors—they’re strategic enablers, risk managers, and operational partners. The report identifies four pillars of value: Effectiveness: Delivering high-quality legal advice aligned with business strategy. Efficiency: Serving the business cost-effectively, often through technology and AI. Protection: Managing risk and regulatory compliance. Enablement: Helping the business grow through strategic legal support [1]. “GCs must ensure that they add value through the quality of their legal advice and interactions with stakeholders.” — Thomson Reuters [1] This framework aligns perfectly with the OGC model, which offers continuous, strategic legal support without the overhead of full-time in-house counsel. Cost Control and the Decline of the Billable Hour GCs are under pressure to do more with …

Read more

Drone Operations in Construction: Navigating Federal Aviation Administration Requirements and Liability Exposure

Unmanned aircraft systems have become indispensable tools for construction project management, but rapid adoption has introduced regulatory compliance obligations and liability risks that require careful legal consideration. Drone technology provides construction companies with unprecedented capabilities for site surveying, progress monitoring, and safety inspections that were previously costly and time-consuming. However, the construction industry’s rapid adoption of drone technology has created new efficiencies alongside regulatory compliance obligations and liability risks that demand careful legal attention. Federal Aviation Administration Regulatory Framework Federal Aviation Administration regulations govern all commercial drone operations, including construction-related activities. The Part 107 rule establishes operational limitations that construction companies must observe, including daylight-only operations, visual line-of-sight requirements, and altitude restrictions. Construction sites often present complex airspace challenges, particularly in urban environments where temporary flight restrictions may apply or where operations near airports require additional coordination. The regulatory framework requires remote pilot certification for anyone operating drones commercially, including …

Read more

Building Information Modeling and Professional Liability: Who Owns the Risk When Digital Models Fail?

The construction industry’s widespread adoption of Building Information Modeling has transformed project delivery, but this digital revolution brings complex liability questions that traditional construction contracts were never designed to address. Building Information Modeling technology creates a shared digital environment where architects, engineers, contractors, and subcontractors contribute to and rely upon a single comprehensive model. This collaborative approach generates significant benefits, including reduced conflicts, improved coordination, and enhanced project visualization. However, the very nature of shared digital modeling creates potential liability traps that project participants often fail to recognize until disputes arise. The Fundamental Challenge of Shared Responsibility The primary legal challenge lies in determining responsibility when BIM-related errors lead to construction defects, schedule delays, or cost overruns. Traditional professional liability concepts assume clear boundaries between design and construction responsibilities. BIM technology blurs these lines by enabling real-time model updates throughout the project lifecycle. Consider this scenario: when a structural engineer …

Read more

Internet of Things Sensors and Data Ownership: Some Legal Implications of Smart Construction Sites

Smart sensors now monitor everything from concrete curing temperatures to worker safety conditions, generating vast amounts of real-time data that inform critical project decisions. However, this technological advancement raises complex legal questions about data ownership, privacy protection, and liability for sensor-based decisions that the construction industry is only beginning to address. Data Ownership and Access Rights Construction IoT implementations typically involve multiple stakeholders contributing to and accessing shared data streams. Environmental sensors provided by concrete suppliers, safety monitoring systems installed by general contractors, and progress tracking devices deployed by project owners create interconnected data ecosystems. Determining ownership rights and usage permissions for this collectively generated information requires careful contractual planning that most standard construction agreements do not address. Data ownership disputes can arise when sensor information becomes crucial to dispute resolution or change order documentation. IoT Use Raises Many Critical Questions If temperature sensors indicate that concrete curing conditions required …

Read more

Goldfish in a Concrete Aquarium

Cartoon goldfish

Most of my pre-law school building experience was in New England. Besides the ever changing weather, differing subsurface site conditions presented a variety of challenges. Ledge is commonplace but very hard to predict whether a nearby outcropping would interfere with excavation. Water well depth was typically difficult to predict even by drillers with local experience. And, most challenging was dealing with groundwater, especially flooded basements. Even with perc test holes, the distance from the septic field to the foundation increased the odds that the groundwater level in the excavation was different, or upon digging a spring was found. In Seattle, as a construction lawyer in the 1990s, I was called on frequently by owners to help diagnose and remedy wet or flooded foundations. One memorable project was a dream house being constructed by a tech millionaire. Soon after the foundation and then the slab were poured, the basement filled up …

Read more

California Dreamin’ – A Blueprint for CCPA/CPRA Compliance

California coastal photo

  New U.S. Privacy Laws Follow GDPR Trend With the approval of the CPRA citizen’s initiative (Consumer Privacy Reform Act amending the CCPA – Proposition 24) and the introduction of new privacy legislation in New York and elsewhere all moving toward a U.S. equivalent of GDPR, it is time to face the fact that U.S. privacy compliance obligations are here to stay. When GDPR enforcement began in 2018, many U.S. businesses that were not operating in the EU considered it something that was happening “over there.” Enforcement of the California CCPA (California Consumer Privacy Act) began in January 2020. Now, the hope of avoiding strict privacy compliance obligations “over here” is now only a dream. The CPRA amended and strengthened the CCPA, moving it closer to the protections afforded to EU citizens, and post-Brexit, to UK citizens. (Proposition 24 approved November 2020; Effective 1/1/23.) it is time to face the fact that U.S. privacy compliance obligations are here to stay There are privacy bills pending before the New York Assembly that like CCPA/CPRA adopt many of the key privacy principles staked out by the GDPR: Consent, Privacy by Design, Data Minimization, Lawful Purpose, and Information Security. In addition, both the California …

Read more