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Beware of gift card fraud —don't let it hijack your perfect present
Kristine Solomon
Yahoo Life is committed to finding you the best products at the best prices. The products written about here are offered in affiliation with Verizon Media, Yahoo Life's parent company.
Gift cards are all too easy for scammers to get a hold of — and once they do, they can wreak havoc on your life. (Photo: Getty)
Gift cards can be a convenient compromise to give the perfect gift to that someone special. The only problem? Gift card fraud is a very real thing — and it's woefully under-reported, say the experts at Tripwire.
"Generally speaking, gift card fraud is easier to commit than other types of scams," cyber security expert Rafael Lourenco, Executive Vice President of fraud prevention group ClearSale tells Yahoo Life. "In fact, for many merchants, gift cards have the highest fraud attempt rates of all products sold."
This is because gift cards are so easy to resell or convert into cash, he says, and gift card transactions are so hard to trace. For scammers, gift cards — which are not held to the same industry standards as credit cards — are a path of least resistance.
Gift card fraud Malwarebytes
Once a scammer hijacks your gift card, they can drain its value effortlessly — but that's just the beginning. Gift card fraud can be a gateway to even more complex cyber fraud. In the worst-case scenario, thieves can move on to stealing your payment details, draining your bank account and even stealing your identity.
And if they gain access to the username and password tied to a virtual gift card, fraudsters can also use it to access other accounts that use the same credentials.
LastPass Families can protect your family's passwords from prying eyes
LastPass Families makes passwords impossible to crack. (Photo: LastPass)
Experts say that maintaining unique passwords for each site you log into — and changing those passwords periodically — is a solid way to protect any kind of account, including a gift card or credit card account. Shockingly, 65 percent of people recently polled by cyber security site ID Agent said they use the same password across multiple sites — and 13 percent said they use the same password for everything.
If you're secretly one of them — or you suspect members of your household are — LastPass Families will make it so that you'll never have to remember multiple passwords again. LastPass Families is the industry's leading password manager. It not only creates long and strong passwords for each account you log into, but it stores those passwords securely, syncs them across all your devices and automatically logs you in each and every time.
Get a 30-day free trial of LastPass Families, then it's just $3.99 a month for a whole family's worth of log-ins.
Behind the scenes, LastPass Families also resets your passwords periodically — so they're constantly changing — a moving target for potential hackers with LastPass Families.
Unpacking gift card fraud: A glimpse into the mind of a real-life Grinch
"Fraudsters have creative ways of committing gift card fraud," Lourenco tells Yahoo Life. But first, they need access to the gift card's account number (and sometimes its PIN), which they can steal with a magnetic stripe reader or just by taking pictures of gift cards in the store before you even purchase them.
"Gift cards that are displayed and accessible to shoppers in stores are easy targets for fraudsters," says Lourenco. "They can scratch off the PIN number protection and replace it with stickers sold online."
E-gift card information can be stolen, "in a number of ways including phishing, SQL injection, social engineering, fraudulent employees or accidental disclosure," adds Lourenco. "Hackers can also acquire gift card numbers in bulk from merchants, reward programs, etc. Once the cards are activated by a legitimate purchase, the fraudsters will transfer balances to another card or sell the card."
Shop it: LastPass Families, free trial for 30 days then $4.99 a month, subscriptions.yahoo.com
Once they hack into the credit card used to purchase the gift card, scammers even make their way into your card's loyalty program.
"Hackers will reroute miles and loyalty points to monetize the value in the credits into gift cards," says Lourenco. And if hackers have access to the log-in credentials of an e-gift card or the credit card used to purchase it, both the gift card giver and the recipient becomes vulnerable to phishing scams, which can quickly infect your system with malware. All from a "harmless" and all-too-common present.
Examples of gift card fraud at major retailers
Gift card fraud LastPass Families
Scammers target physical gift cards as well as e-gift cards, especially those with auto-fill features. Starbucks' virtual gift cards, for instance, which sync with the coffee chain's app and automatically refill when tied to a bank account or credit card, have been at the center of fraud allegations in recent years.
Once scammers were able to hijack someone's e-gift card — which was often loaded onto the Starbucks app — they went on to empty the card, then hack into the debit or credit card linked to the app. The crime was hard for authorities to trace, but Starbucks was quick to clarify in 2015 that it was not their company that was hacked — the customers themselves were.
Another high-profile gift card scam that happened this past spring involved tech giant Best Buy. Cyber criminals not associated with the company were sending bogus Best Buy gift cards to unassuming recipients along with a USB drive to activate the card, according to Komando. As soon as the USB was connected to the victim's computer, it would barrage their system with malware.
gift card Malwarebytes
Moral of the story: you never quite know the origin of your gift card or who might have scanned the code beforehand, ready to track its use as soon as it's activated.
Having LastPass Families installed in your home computer could help prevent hackers from getting into your online accounts, wreaking havoc on your network and leaving you to pick up the pieces of a stolen identity. But, if you fall victim to the crime anyway this season, consider Lourenco's advice: "If a consumer is victim of gift card fraud, they will need to contact their issuer for the chargeback so they can be reimbursed and the bank will likely have to cancel the compromised credit card and issue the consumer a new one," he says.
Additionally, if anyone ever requests payment in the form of a gift card, it's most definitely fraud and should be reported immediately to the Federal Trade Commission.
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Here's the thing about oatmeal: You're doing it wrong.
I was doing it wrong too for a while, just merrily following the instructions on the package (after all, they make it, they must know what they're talking about). The finished result of my oatmeal was pretty much one large ball of snot, which isn't a very appetizing breakfast.
My Dad taught me how to make good old-fashioned oatmeal the right way. It's supposed to be pretty dry, not at all snotty. A perfect oatmeal flakes apart slightly in your bowl. You can still pick out individual oats, and there's a nice texture that contrasts with the creaminess of the milk (or, well, the cream. My Dad prefers it with straight cream). Most of all, when making perfect oatmeal you should never, ever stir it.
Not sure if oats are gluten-free? Check out this article on gluten-free oats and where to buy.
Here's the thing about oatmeal: You might be doing it wrong. This is my Dad's recipe for making oatmeal right. The resulting oatmeal is flaky, not too wet, textured, and not at all gummy.
For topping: cinnamon, raisins, brown sugar/coconut sugar, nuts, a drizzle of blackstrap molasses.
Bring the water to a boil in a small saucepan on high heat.
Pour the oats in. Here you might have to add more oats depending upon how much water has already boiled away. Eventually you'll learn to eyeball it and go by feel for "the perfect oatmeal." Until then, 1 cup is about right. You can stir now to mix in the oats, but after this no more stirring. We prefer to not stir at all and just sort of swirl the oats and water around in the pan.
Turn the oatmeal to low heat and allow to cook down for about 5-10 minutes. DO NOT, DO NOT stir.
As the oatmeal cooks down, the water will slowly cook away. Cook until the water is gone and there are no little bubbles of water at the top of the oatmeal (see pictures). If you don't have enough oats, the water will take too long to cook away and the oatmeal will be slightly gummy.
When the oatmeal is done, remove from heat. Sprinkle with toppings and drizzle on milk. Enjoy.
Allow water to boil away slowly.
And are finally gone completely.
I totally appreciate a good bowl of oatmeal like this! Its sad that many people make it unappetizing!
I tried this today and it was yummy.. I loved how all grains were seperate yet cooked completely.. I am glad I saw your recipe.. thanks!!
Glad you enjoyed it, Red!


You've made it through the mid-year hump, but how do you summon up enough energy to see you through the rest of the year? These eight easy steps will help you make it with a smile on your face and a spring in your step.
Eating the right foods in the right amounts is crucial. Too little (or too much) food can reduce your stamina and drain your energy. Increase your wholegrain, vegetable and fruit intake, and choose lean meats and low fat dairy products. Reducing your fat, salt and sugar consumption will make you feel healthier, lighter and more energetic.
Caffeine is a stimulant, but too much caffeine can actually lead to fatigue. Consider cutting back and working towards gradually reducing your caffeine intake to zero. After just a month you should feel more energetic, with fewer slumps throughout the day.
To further combat fatigue, consider taking a comprehensive multivitamin containing vitamins B6 and C, magnesium, iron and folic acid. Taking Swisse Women's Ultivite Multivitamins, which has been given a 5-star customer rating, helps local celebrity Rebecca Lim reduce tiredness and fatigue.
"New Swisse Women's Ultivite assists in my body's energy production, and is a healthy way to maintain my stamina and vitality," Rebecca says. And supplements are also available in variants specially formulated to support the nutritional needs of men, children and seniors.
Drink plenty of water to avoid dehydration, which can make you feel lethargic. And take special care to stay hydrated when it's hot, as well as before, during and after exercise. You don't need to over do it, though. The most recent advice it to drink when you feel thirsty – it's really that simple!
It really doesn't take too much effort to increase your energy levels. So try a few of these tweaks, say goodbye to feeling tired and fly through the next few months. Life is good!


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Larry Johnson and Clinton Portis Tackle Mental Health Issues
Brandon Sneed@@brandonsneedTwitter LogoWriter-at-Large, B/R MagJune 13, 2018
When former All-Pro NFL running back Larry Johnson walked into the condo on the 18th floor of a downtown Miami skyscraper, he saw fellow former All-Pro Clinton Portis for the first time in eight years. They were in Washington back then, where Johnson and Portis had been competing for playing time, only for Johnson to get released early in the season.
A dozen people filled the condo, which had been converted into a makeshift TV studio for the day. Two cameras and their lights were aimed at a gray marble table where Portis sat.
As Johnson greeted everyone, Portis barely glanced up and then went back to Solitaire on his iPhone.
Johnson—wearing a red bandana like a headband, blue slacks and a fitted blue henley unbuttoned down his chest—took a seat beside Portis, who wore a fitted pink polo shirt and light blue jeans. They dapped up. Johnson adjusted his seat and leaned over the table. A gold Buddha pendant on a chain fell out of his shirt and hung there.
To put it mildly, the two had beef, according to Johnson. Not just on the field, either; Johnson said there'd been a love-triangle situation back then involving a famous singer. But they'd squashed all that. After all, Portis didn't have to be here—he flew in just for it. And though Johnson lives right up the road in Fort Lauderdale, he told me later, "I could've easily said, 'F--k no, I'm not doing this s--t,'" Johnson said. "Or, 'Pair me with somebody else.'" He shook his head. "This is bigger than that petty-ass s--t."
"This" would begin with what was laid out on the table before them: a dozen pieces of paper, each one bearing a headline from or about their past. Ex-NFL player Larry Johnson arrested in Vegas. Learning from the sad story of former NFLer Clinton Portis. Clinton Portis drank Hennessy with Sean Taylor, Santana Moss before games. Johnson battles self-destructive impulses.
"There ain't nothing but negativity in these headlines," Portis said.
"That's the idea," a producer replied.
They were here to talk about their minds and their mental health, and the way the producers had decided to get into that was to get them talking about their darkest times. Show people what they went through and how they survived. The shoot is part of the NFLPA's "Your Body, Your Mind, Your Health" campaign, a growing effort to highlight the resources the players' union offers former players. Namely, the fact that whatever players need help with—from leaky roofs to mental illness—they can get it.
Luis Gonzalez/NFLPA
Later, Johnson will tell me he's been pushing the NFLPA to do something like this for more than a year—"to get some real players talking about some real s--t." He wants to talk mental health, but not just the usual stuff about concussions and CTE. And not even just how mental illness should be destigmatized, like how DeMar DeRozan and Kevin Love and The Rock and so many others have done lately. He wants the conversation to go deeper, to get more raw. They want football players—and all people—with mental illness to not only be destigmatized but also understood.
Filming got underway, and that's just what they talked about. They hit the expected beats about conquering shame, and getting help, and the different ways that people of different means can do so.
"People expect us to be like Teflon," Portis said at one point, "but we're just men."
When Portis asked Johnson what he recommended for people who didn't have immediate connections to the resources they did, what they could do, Johnson said simply, "Call someone. Anyone."
But then, an hour in, Johnson abruptly left. "I gotta step out for a little bit," he said. "I'm about to have an episode."
He got up, unclipped his mic from his shirt and left it on the table. He moved past the half-dozen people and the cameras and left the room.
Lunch was delivered and consumed. Portis wasn't feeling talkative. Other than some small talk about his kids and his nonprofit work in Haiti and the like, Portis spent most of the break on his phone.
Scott Cunningham/Getty Images
Clearly, Portis was only here to talk with Johnson. I spoke with him for a few minutes here and there, and told him that I know he didn't expect me to be there writing about this—but if he did want to talk with me, I'd write about it honestly.
He said, "Heard that before." Then he glanced at the headlines spread across the table.
Meanwhile, some in the crew wondered if Johnson would even come back.
The way Johnson and Portis were acting could be misinterpreted in many negative ways, but understanding the mindset behind their actions can show people more about what they're going through than anything the two men could say to those cameras.
They were both blindsided when they realized I was there: Talking about mental health is hard enough as it is, and it's almost impossible to know who to trust. Though an NFLPA rep later told me that they'd both been told about me in an email, Portis and Johnson must have forgotten or overlooked it, because they clearly didn't know I'd be there to watch them film this, let alone record it and write about it.
They had no clue who I was. So even though I stood in that room with them for some five hours or more, I'm barely going to use any of it. As a journalist I could, but as a human being it would feel wrong to go into detail about all they said in that room since, when they agreed to this, they didn't know I'd be there to write about it.
Johnson met me for dinner later, though, and it was enlightening. Not just about him, or even about him and Portis, but about what's going on within all men like them.
Sometimes it's a makeshift TV studio in Miami. Sometimes it's sitting at home with friends and family. But Johnson just gets overwhelmed—by boredom, by bright lights, by too many sounds—and he'll feel rage begin to rise. He knows it's irrational even as it happens, but he also can't make it go away. "It just comes," he told me over pizza that night at Louie Bossi's, a restaurant near his home in Fort Lauderdale. "There's times I'm sitting there like, Why the f--k do I feel like this right now?"
Which leads to the next natural question: Why the f--k do I do what I do?
That's what Johnson wants people to understand. Not just that mental illness is a thing to be destigmatized and treated, but also why it becomes a thing in the first place. Maybe if people can understand the why, they'll stop being so shocked—and outraged—when people like him act the way they do. Maybe then young guys can get help before he did.
He remembers NFL Commissioner Roger Goodell asking him years ago, "Is this a pattern for you? You always get in trouble like this?"
"No," Johnson replied. "But I certainly won't be the last."
Goodell looked confused and surprised.
"Yeah," Johnson went on. "Guys out here are really like this. Not all guys are like me, but most guys are really impulsive, and they don't think right or wrong."
Johnson's parents would get phone calls at all hours to come get him from bars or jail cells, where pills like Ecstasy and painkillers were falling out of his pockets and he was punching holes in walls. He was arrested for violence of all stripes, including against women. And when his career fizzled out in 2011 here in Miami, Johnson said, "I was like, 'I'm going to the clubs. I'm taking private jets.' I was going to die partying."
His parents took control of his finances. "If I didn't have my parents," Johnson said, "I probably would be either in jail or dead."
He knew that the way he behaved scared and confused people. Johnson was often usually as confused, and frightened, by his own behavior as anybody watching him. All he really knew was that if he didn't go out those nights, he was more scared of what he might do at home. And when he considered ending his life, it was out of the same sort of fear.
"That's what mental illness is," Johnson said. "It has you thinking about s--t you don't want to be thinking about, but it tries to convince you that this is your only way out—because you don't want to hurt anybody else."
Johnson said there's a truth deeper than people want to see: 'We're trying to save you from what we could do.'"
Johnson has been searching for truth, for the true source of his pain. He's pretty sure he has CTE—the brain disease believed to be caused by repeated blows to the head, which can only be definitively diagnosed until after someone has died. It is known to produce the type of behavior that has caused Johnson and so many like him so many problems.
But he also thinks there's more to this than just CTE.
"When it's 3rd-and-1," Johnson said, "and they put the ball in your hands, it creates an impulse. It creates a stress state. Once you make that play, everybody is cheering—you feel that emotion."
Johnson never felt more alive than that. Making that play—"It's a high."
As a child, Johnson says his parents basically only permitted talk of school and sports—no talk of girls, dating or partying—and when he inevitably resisted, he was told to read his Bible more so the devil and his demons wouldn't get him.
When he saw the old Steve Sabol NFL Films tapes showing highlights of Jim Brown and Walter Payton running through other men, he became—well, now the word he uses is "brainwashed." He says, "That's where it started from. Me wanting to be like those guys. And I would watch the films every single day before every game."
Also, "Being a shy kid," Johnson said, "I didn't charm nobody. I couldn't do s--t. The only way I could show you my emotion was, if I get you on a football field, and then I run you over."
Jeff Roberson/Associated Press
Of course, that was his gift and curse. He was a Heisman finalist, an All-Pro in the NFL, all that. But along the way, he says, all of life came to feel like an endless quest for the next 3rd-and-1. "You try to duplicate those emotions so that that's how you feel. So like, how many shots can you take? Five shots of 151? And then you feel. It's not the act of doing it—you feel the buildup to it. The act of doing that—after, you feel that old emotion."
It's always "3rd-and-inches," he said. "I loooove the challenge of it, if I do or don't get it. Because if I don't get it, then I have to go even harder the next time."
In other words: "It's competition."
And without that pressure, and the chance to conquer it, he forgot how to function. "You have to be able to duplicate it," Johnson said. "Or you don't feel alive."
So life becomes football.
"Wherever you are, you are looking to find the best," Portis said. "Therefore, you create this hunger for yourself that you can't really turn off. You're constantly looking for more, and nothing is ever going to be enough. It becomes a sickness of wanting more and of not being able to appreciate what you already have."
There are still hard days. A couple of days prior to this sit-down with Portis, Johnson returned from a trip to Jamaica with his daughter. He dropped her off with her mother and then went home and drank a bottle of Jamaican rum he'd brought back with him. "My impulses are too much for me," Johnson said. "Sometimes my demons win, sometimes they don't. There are days I still get f--ked up. But I stay in the house doing it."
He's not proud of it, but he's not ashamed anymore, either. "I wasn't drinking it then, like, Oh my God, I gotta go to the strip club. Let me just go wild!" he says. "Nah. I don't really do all that. I drank Jamaican rum, went to sleep, passed out, and that was it."
Johnson did return to the studio, about an hour after leaving. He and Portis dapped up again and then talked for about three more hours.
Johnson noticed one headline about Washington choosing Portis over him. He crumpled up that piece of paper and tossed it. "This is some s--t neither one of us had control over," he said. "I don't like pitting athletes against athletes and stuff like that."
Portis grinned. "S--t," he said. "I was just gonna tell you I kicked your ass in D.C."
The room filled with laughter.
During filming breaks, Portis kept to himself most of the day, and as soon as they were finished, he was out of there. "He's just now starting to come around on all this," Johnson said—not with any kind of judgment, but with understanding, grace and compassion. "He's where I was about two or three years ago."
On camera, though, Portis came alive.
John Amis/Associated Press
And he preached. Forget all these old headlines, he said. "All these headlines, these were a kid," he said.
He said he doesn't know if people just wanted to see him fail or make him lower his head. "But you're not gonna get me there," he said. "You're not. The darkest moment of my life, I've come through. I've moved forward. So I walk around with my head up high, knowing I'm a standup guy. Knowing I didn't give up. That's the story. I'm not giving up."
He went on, "You can't look at 'Oh, well that's what he used to be.' Look at who I am now. You can't make me shy away or hold my head down. I'm gonna hold my head up high, because I came through all these headlines. When you wanted to see me fail, when you wanted to tear me down, when you wanted to count me out—now I'm here, to tell my story. No matter how you twist this story, I'm here. And you can't take me away. I'm here to stay. I'm here to last. And I have the determination to succeed past everything you have seen in the headlines."
Johnson asked Portis, "Where do you see yourself now, after coming from those headlines when you were younger?"
Portis replied, "Free."
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We've changed our name and we're launching a revolution
We've successfully raised Series A funding
LeapIN is rebranding to Xolo
And we are launching a new product for freelancers which we call 'Xolo Go'
Series A funding
Last month our team completed a $7 million (€6 million) Series A funding round from venture investors in Estonia, Finland and France to help us expand, while further improving our platform and service. You can read more here.
LeapIN is now Xolo
We're rebranding from LeapIN to Xolo to allow us to better reflect the customers that make up our community of independent workers. Our long-term vision is to become the go-to platform for freelancers and solopreneurs launching independent businesses all around the world. We aim to provide the best functionality and service while reducing the complexity and time spent running your business.
Xolo Go - Get early access today
We're so excited to announce our first new product, Xolo Go, which will sit alongside our current service. It's based on a revolutionary new concept - the "virtual company", giving freelancers almost all the functionality of a fully-fledged business (including a bank account, billing, expense management and salary payouts) without ever registering one. Instead, Xolo Go is based on a partnership agreement with Xolo that allows freelancers to use Xolo as their legal entity.
It's perfect for people who are just starting their independent business, or who have low or irregular income from freelancing.
Get early access to a Xolo Go account today.
Xolo, the same great service as LeapIN
Our existing service, which uses Estonian e-Residency, is getting a cool new name. As a nod to our heritage, it is now known as Xolo 'Leap'. The excellent service will remain the same, and we look forward to updating you about new functionality and enhancements in the near future, including improved banking, a mobile app, and much more!
We're very proud that 93% of Xolo customers hotly recommend us to their friends, and that number has not wavered over time. Our team is still here and your continued satisfaction is our main priority.
We would like to personally thank each and every one of our 2,500 customers as of this morning. We have been in touch with hundreds of you in the last few months and received incredibly valuable feedback and new ideas for Xolo.
And if you haven't been in touch we would love to hear your own thoughts and feedback. Are you a current customer, or just interested? Are you satisfied with our service? Is there anything we could differently or better? We look forward to hearing from any and all members of the Xolo community.
- Team Xolo
hello@xolo.io
The Beginner's Guide to Xolo Leap
Taking your work worldwide with Xolo
Join an exclusive group and follow in the footsteps of thousands of satisfied independent professionals who use Xolo to save time, reduce stress, and get more done.


Please help our community — upload your photos of 01260329.
This is a stripe, fender lower front-left hand (light blu), for Buick automobiles. It fits for Buick Century, Regal, Estate wagon, Lesabre, Electra, Riviera, Skyhawk, and Skylark for the U.S.. It's a genuine General Motors part with an OEM part number 01260329. Please keep in mind that this stripe is discontinued for the U.S. market since October 1, 1987.
01260363 was replaced with 01260329 on January 1, 1978 for the U.S. market.


text:
MULTIPLE SYSTEM ATROPHY, CEREBELLAR TYPE
Multiple system atrophy, cerebellar type (MSA-c) is a form of multiple system atrophy (MSA; see this term) with predominant cerebellar features (gait and limb ataxia, oculomotor dysfunction, and dysarthria).
Genes related to Multiple System Atrophy, Cerebellar Type
COQ2
Top most frequent phenotypes and symptoms related to Multiple System Atrophy, Cerebellar Type
Depressivity
Gait ataxia
Abnormal pyramidal sign
Postural instability
Progressive cerebellar ataxia
Multiple System Atrophy, Cerebellar Type Is also known as sporadic olivopontocerebellar atrophy type 1, msa, cerebellar type, sporadic opca type 1, msa-c.
Doctors, researchs, and experts related to Multiple System Atrophy, Cerebellar Type extracted from public data.
Multiple System Atrophy, Cerebellar Type Experts map
Current Researchs and researchers
BONN — Pr Thomas KLOCKGETHER
Clinical expert - Investigator of research project - Manager of registry - Contact person of registry - Manager of biobank/collection - Coordinator of research network
Institution/s:
— Universitätsklinikum Bonn
Research area/topic::
SPORTAX : Sporadic degenerative ataxia with adult onset: Natural history study
Multiple System Atrophy, Cerebellar Type Recommended genes panels
MitoMet®Plus aCGH Analysis.
By Baylor Miraca Genetics Laboratories (United States).
RGS9, RHO, GRK1, RLBP1, RNASEL, BCS1L, RP1, RP2, RP9, RPE65, RPGR, RPL35A, MRPL3, RPS14, RS1, SAG, SARDH, SCO2, SCP2, SDHB , (...)
RGS9, RHO, GRK1, RLBP1, RNASEL, BCS1L, RP1, RP2, RP9, RPE65, RPGR, RPL35A, MRPL3, RPS14, RS1, SAG, SARDH, SCO2, SCP2, SDHB, SDHC, SEMA4A, SGSH, SHH, SIX6, FOXL2, SLC16A1, SLC22A4, SLC22A5, SLC24A1, SLC25A12, SLC25A13, SLC25A15, SLC25A3, SLC25A4, BRCA1, SLC34A1, SLC35A1, SLC3A1, SLC9A3R1, SLC9A6, SMPD1, SNCB, SOD1, SOD2, SOX2, BTD, SPG7, SPR, SPTLC2, SQSTM1, STAR, STAT1, STAT3, STXBP1, SUCLA2, SUCLG1, SUOX, SURF1, TAT, TAZ, TWNK, HNF1A, HNF1B, ZEB1, TCIRG1, TCN2, TEAD1, TGFB1, TGFBI, ACO2, TIMM8A, TIMP3, TK2, TLR3, TLR4, ACOX1, TNFRSF11A, TNFRSF11B, TNFSF11, TP53, TSFM, TUFM, TULP1, TYR, TYROBP, TYRP1, UBE3A, UCP1, UCP2, UCP3, UNG, UQCRB, USH1C, USH2A, CLRN1, VCP, VHL, BEST1, VSX1, WFS1, WT1, WWOX, XDH, ARL6, LPIN1, RPGRIP1, CA2, CDH23, CA4, SOST, GFM1, CABP4, CACNA1F, MRPS16, ELAC2, SLC25A20, C1QTNF5, HTRA2, SLC25A19, ELOVL4, MRPS22, CDHR1, PINK1, AMN, ABCA12, FYCO1, PCDH15, CASP8, CAT, PRPF31, ANKH, CBS, PUS1, HPS3, KLHL7, ALG9, LRPPRC, HPS4, PRPF6, ABHD12, PANK2, NDUFAF5, RP1L1, APTX, COX4I2, NFU1, USH1G, WHRN, PARK7, TRIM32, LIAS, SLC45A2, KIF1B, MCEE, COQ8A, MFN2, HAX1, HPS5, OPTN, NDUFA13, RIMS1, RRM2B, SP7, DTNBP1, PRPF8, AASS, ADGRV1, SARS2, PDSS1, NT5C3A, INVS, NAGS, MFRP, FKBP10, ALG1, IMPG2, ATP6V0A2, COG7, COG8, RAX, BBS7, ATPAF2, HPS6, NDUFAF1, MMAA, NPHP4, CHAT, MTO1, P3H1, MMAB, KIF21A, ALG12, CHM, RD3, KCNV2, SLC25A22, RDH12, CYCS, TTC8, GLRX5, GPR143, SLC35C1, CACNA2D4, COQ6, CLCN7, NUBPL, NDUFA11, SPATA7, L2HGDH, DHDDS, TPP1, CLN3, TUBA1A, TUBB3, SLC39A13, BCOR, BLOC1S3, AARS2, NDUFAF4, PITPNM3, ABHD5, RARS2, INPP5E, CNGA1, ACAD9, CNGA3, CNGB1, DIABLO, CNGB3, EYS, ADAM9, TSPAN12, OSTM1, TOPORS, CERKL, AGK, COL1A2, COL3A1, COL5A1, COL5A2, FAM20C, COX15, COX6B1, ABAT, LMBRD1, PDSS2, ALG3, ALG6, ALG2, ALG8, CYP4V2, CPOX, CPT1A, ETHE1, CPT2, CRB1, GNE, CRTAP, CRX, CRYAB, NDUFA12, CISD2, GLYCTK, YARS2, BOLA3, DMGDH, MMACHC, FLVCR1, MMADHC, COQ2, CCDC39, CTSD, COQ9, CTSK, TMEM126A, CUBN, TRMU, MTPAP, DARS2, CYB5A, CYBA, REEP1, FAM161A, SRD5A3, CYP11A1, CYP11B1, CYP11B2, CYP17A1, CYP1B1, TTC19, CYP24A1, SDHAF2, TMEM127, CYP27A1, TMEM70, SLC25A38, CYP27B1, PDZD7, BBS10, ZNF513, HGSNAT, BBS12, C12orf65, AMER1, FOXRED1, DBT, C8orf37, DDOST, ACSF3, MSRB3, XPNPEP3, NDUFAF2, CCDC28B, COX14, D2HGDH, TMEM67, DGUOK, NDUFAF6, DHODH, CYB5R3, LEMD3, IQCB1, DLAT, DLD, CEP290, ADSL, FASTKD2, ANKRD26, CC2D2A, UQCRQ, GNPTAB, DNM1L, ISCU, NDUFAF3, BBS9, PPARGC1B, DPM1, DPM3, RFT1, TUSC3, RILP, DSP, DNAJC19, STRA6, PNPLA2, SNRNP200, SECISBP2, TYMP, AFG3L2, LCA5, AGL, EFEMP1, PRCD, AGPS, ELN, ENO3, SDHAF1, ABCA4, AGXT, PCARE, ETFA, ETFB, ETFDH, EYA1, EYA4, ACSL4, FAH, AIPL1, FBLN5, FBN1, FBP1, AK1, AK2, FECH, AKAP10, FH, ATP8B1, FOXC1, FXN, FSCN2, ALAS2, ALDH3A2, FZD4, G6PC, ALDH4A1, SLC37A4, GAA, ALDH5A1, GAD1, GALC, GALE, GALK1, GALNS, GALT, GAMT, ALDOA, GARS, ALDOB, GATM, GBE1, GCDH, GCK, GCKR, ABCB11, OPN1MW, GCSH, GFER, CBLIF, GJA3, ALMS1, GK, GLB1, TAP1, GLDC, GLUD1, GM2A, GNAT1, GNAT2, GNS, GOT1, GPD1, GPD2, GPI, ABCB4, AMACR, GPX1, GRM6, GRN, GSN, GUCA1A, GUCA1B, GUCY2D, GUSB, ABCB6, GYS1, GYS2, AMT, ABCB7, HSD17B10, HADHA, HADHB, HAGH, HARS, HBB, HCCS, HESX1, HEXA, HEXB, HIBCH, HK1, HLCS, HMGCL, HMGCS2, HP, HPRT1, HPS1, HSD17B4, HSD3B2, HSPD1, IDH2, IDH3B, AP3B1, IMPDH1, ABCD1, IVD, JAG1, APP, KARS, KCNJ13, KRT12, KRT3, KRT5, LDHA, LDHB, COG1, ARG1, LMX1B, LRAT, LRP5, MAN2B1, MANBA, MAOA, PHOX2A, MC1R, MCCC1, MCCC2, ME2, MECP2, MEF2A, MEN1, MERTK, MGAT2, MKKS, MKS1, TRPM1, MLYCD, ALDH6A1, MOCS1, MOCS2, MPDU1, MPI, MPV17, SEPT9, MTHFR, ASL, MTR, MTRR, MMUT, MUTYH, ASS1, MYO7A, MYOC, NAGLU, NCOA4, NDP, NDUFA1, NDUFA10, NDUFA2, NDUFA9, NDUFB3, NDUFS1, NDUFS2, NDUFS3, NDUFS4, NDUFS6, NDUFS7, NDUFS8, NDUFV1, NDUFV2, NEFH, NEUROD1, ZFHX3, NHS, NME1, NPHP1, NPHP3, ATIC, NRL, FRMD7, NYX, OAT, OCA2, OCRL, OGDH, OGG1, OPA1, OPA3, ATP5F1E, ACACA, OTC, OTX2, OXCT1, PAH, PRKN, PAX2, PAX6, PC, PCCA, PCCB, ATP7A, ACAD8, ATP7B, PCK2, AIFM1, ALDH7A1, PDE6A, PDE6B, PDE6C, PDE6G, PDHA1, PDHB, SLC26A4, SERPINF1, PFKM, PGAM2, ACADM, AUH, PGM1, PHB, PHKA1, PHKA2, PHKB, PHKG2, PHYH, ACADS, PITX2, PITX3, PLA2G2A, PLOD2, PLOD3, ACADSB, PMM2, PNKD, POLG, POLG2, ACADVL, PPARG, B4GALT1, CTSA, PPIB, PDP1, PPOX, ACAT1, B4GALT7, PPP2R1B, ACAT2, PRKCG, PRODH, PROM1, PSAP, PSEN1, BBS1, BBS2, CAVIN1, PTS, BBS4, BBS5, PYCR1, ALDH18A1, PYGL, PYGM, QDPR, RAF1, BCKDHA, BCKDHB, RB1, OPN1LW, RDH5, PRPH2, RET, RGR
COQ2 Sequence Analysis (Prenatal Diagnosis).
COQ2 Sequence Analysis.
COQ2 Comprehensive - Sequence & Deletion/Duplication Analysis.
COQ2 Deletion/Duplication Analysis.
Comprehensive Mitochondrial Metabolic Panel.
BCS1L, SCO1, SCO2, SDHB, SDHC, SDHD, SLC22A5, SLC25A13, SLC25A15, SLC25A3, SLC25A4, BTD, SUCLA2, SUCLG1, SURF1, TAZ, TWNK, TCN2, TFAM, TIMM8A , (...)
BCS1L, SCO1, SCO2, SDHB, SDHC, SDHD, SLC22A5, SLC25A13, SLC25A15, SLC25A3, SLC25A4, BTD, SUCLA2, SUCLG1, SURF1, TAZ, TWNK, TCN2, TFAM, TIMM8A, TK2, TSFM, TUFM, UQCRB, LPIN1, GFM1, MRPS16, SLC25A20, SLC25A19, MRPS22, PUS1, LRPPRC, NDUFAF5, COX4I2, COQ8A, TFB1M, LARS2, NDUFA13, RRM2B, SARS2, PDSS1, NAGS, ATPAF2, NDUFAF1, MMAA, MMAB, NUBPL, NDUFA11, AARS2, NDUFAF4, FARS2, PDHX, RARS2, ACAD9, COX10, COX15, COX4I1, COX6B1, COX7A1, LMBRD1, PDSS2, CPT1A, ETHE1, CPT1B, CPT2, YARS2, TACO1, MMACHC, MARS2, MMADHC, COQ2, COQ9, TRMU, DARS2, TTC19, SDHAF2, TMEM70, NARS2, C12orf65, FOXRED1, NDUFAF2, DGUOK, DLAT, DLD, FASTKD2, UQCRQ, MTFMT, ISCU, NDUFAF3, TYMP, AGL, SDHAF1, ETFA, ETFB, ETFDH, G6PC, SLC37A4, GAA, GBE1, GYS1, GYS2, HADHA, HADHB, HLCS, IVD, KARS, ARG1, MCCC1, MCCC2, MPI, MPV17, MRRF, MT-CO1, MT-CO2, MT-CO3, MT-CYB, MT-ND1, MT-ND2, MT-ND3, MT-ND4, MT-ND4L, MT-ND5, MT-ND6, MT-RNR1, MT-RNR2, MTRR, MT-TA, MT-TC, MT-TD, MT-TE, MT-TF, MT-TG, MT-TH, MT-TI, MT-TK, MT-TL1, MT-TL2, MT-TM, MT-TN, MT-TP, MT-TQ, MT-TR, MT-TS1, MT-TS2, MT-TT, MT-TV, MT-TW, MT-TY, MMUT, NDUFA1, NDUFA10, NDUFA2, NDUFA7, NDUFA8, NDUFB6, NDUFS1, NDUFS2, NDUFS3, NDUFS5, NDUFS6, NDUFS7, NDUFS8, NDUFV1, NDUFV3, OPA1, OPA3, ATP5F1E, ACACA, ACACB, OTC, PC, PCCA, PCCB, ACADL, PDHA1, PDHB, PFKM, PGAM2, ACADM, AUH, PGM1, PHKA1, PHKA2, PHKB, PHKG2, PMM2, POLG, POLG2, ACADVL, PDP1, ACAT1, PYGL, PYGM
Mitochondrial Disorders Panel (mtDNA Sequencing, Nuclear Genes Sequencing, and Deletion/Duplication).
By ARUP Laboratories, Molecular Genetics and Genomics (United States).
BCS1L, SCO1, SCO2, SDHB, SDHC, SDHD, SLC22A5, SLC25A13, SLC25A15, SLC25A3, SLC25A4, SLC3A1, SPG7, SUCLA2, SUCLG1, SUOX, SURF1, TAZ, TWNK, TIMM8A , (...)
BCS1L, SCO1, SCO2, SDHB, SDHC, SDHD, SLC22A5, SLC25A13, SLC25A15, SLC25A3, SLC25A4, SLC3A1, SPG7, SUCLA2, SUCLG1, SUOX, SURF1, TAZ, TWNK, TIMM8A, TK2, TSFM, TUFM, UQCRB, WFS1, GFM1, MRPS16, SLC25A20, SLC25A19, MRPS22, PINK1, PUS1, LRPPRC, NDUFAF5, APTX, COX4I2, COQ8A, MFN2, LARS2, RRM2B, PDSS1, ATPAF2, NDUFAF1, SLC25A22, CYCS, NDUFA11, NDUFAF4, PDHX, RARS2, ACAD9, COX10, COX15, COX6B1, PDSS2, CPT1A, ETHE1, CPT2, COQ2, COQ9, TRMU, DARS2, TMEM70, DBT, NDUFAF2, DGUOK, DLAT, DLD, FASTKD2, UQCRQ, DNM1L, ISCU, NDUFAF3, PREPL, DNAJC19, TYMP, SDHAF1, ETFA, ETFB, ETFDH, FH, FXN, GFER, HADH, ABCB7, HADHA, HADHB, HMGCL, HMGCS2, HSPD1, MCCC2, MPV17, MT-CO1, MT-CO2, MT-CO3, MT-CYB, MT-ND2, MT-ND3, MT-ND4L, MT-RNR2, MT-TA, MT-TC, MT-TD, MT-TE, MT-TF, MT-TG, MT-TH, MT-TI, MT-TK, MT-TL1, MT-TL2, MT-TM, MT-TN, MT-TP, MT-TQ, MT-TR, MT-TS1, MT-TS2, MT-TT, MT-TV, MT-TW, MT-TY, ASS1, NDUFA1, NDUFA2, NDUFS1, NDUFS2, NDUFS3, NDUFS4, NDUFS6, NDUFS7, NDUFS8, NDUFV1, NDUFV2, OPA1, OXCT1, PC, PCK2, ACADL, PDHA1, PDHB, ACADM, ACADS, POLG, POLG2, ACADVL, PPM1B, PDP1, ACAT1, BCKDHA, BCKDHB
ORPHANET Rare Disease Search Engine
If you liked this article maybe you will also find interesting the following in-depth articles about other rare diseases, like WITTEVEEN-KOLK SYNDROME; WITKOS WAARDENBURG SYNDROME, TYPE 2A; WS2A


text:
Q: How to get photo place from getPlaceDetails? in VUE So I have a search box, and after I click "enter", I want to display the photo of the place I've just chose.
I don't really know how to do that, and after some searches on the internet, I've found out of getPlaceDetails API.
This is my index.html
<!DOCTYPE html>

    <meta charset="utf-8">
    <meta http-equiv="X-UA-Compatible" content="IE=edge">
    <meta name="viewport" content="width=device-width,initial-scale=1.0">
    <title>test-jest</title>

My App.vue:
<template>

      <router-link to="/">Home</router-link> |
      <router-link to="/about">About</router-link> |
      <router-link to="/search">Search</router-link>

    <router-view/>

</template>

And finally, the superstar, my Search component:
<template>

    <input id="search-input" ref="vue_google_autocomplete"
        placeholder="Search"
        class="search-location"
        onfocus="value = ''"
        type="text" />

</template>

Can someone please help me to to display the photo of the place I'm looking for?

A: Places are defined within this API as establishments, geographic locations, or prominent points of interest. Most roads etc. do not return images.
Source: https://developers.google.com/places/web-service/intro
Check if your response has an photos[] array, the photo's should be there if it matches the above defined places.

redpajama_set_name: RedPajamaStackExchange


Willow Bough Rugs 28309 in Ivory are designed by Morris & Co using authentic versions of William Morris's original iconic designs. This beautiful piece from the Pure Morris collection features an elegant willow leaf design in neutral ivory colour tones which will enhance any contemporary interior. Hand crafted with a Wool and Viscose loop pile which is thick and durable with delicate sheen.
Please note: Please allow approx 12 - 16 weeks for delivery on custom made Willow Bough rugs.


text:
3 Elias OWEN(1863-1888)
+ Zillah PARRY (1861-1907)
4 Wm. Parry OWEN (1887-1937)
+ Marion May SELBY (1890- NK )
Assisted Migration Schemes
The Owen Property
Through the worst
Inquest & Interment
After William's death
4 Eva Margt. OWEN (1888-1972)
+ Maurice R JONES (1883-1946)
Almost certainly William and May Owen's passage was subsidised by one of the post-WWI assisted migration schemes. These operated to various parts of the British Empire, to the mutual benefit of the countries involved which jointly funded them. Australia needed people per se but the predominant ethnic group, of British descent, did not want to be swamped by Asian immigrants (at the turn of the century there was legislation prohibiting non-European immigration to Australia) nor by so-called 'white aliens' (non-British Europeans). Thus schemes were created to attract British settlers and between 1921 and 1929 approximately 221,000 took advantage of them with a further 100,000 immigrants arriving independently. Most went to New South Wales or to Victoria but a significant number went to Western Australia. As a war veteran, William would have qualified for the Soldier Settlement Scheme but he appears to have availed himself of the "Peel Estate Group Settlement Scheme" (map) which operated from the early 1920s. (Early settlers had found the work was too much for one man or one couple alone so settlements had been organised into groups of twelve to twenty interdependent families.)
Post-WWI Britain was flooded with propaganda (posters, pamphlets and films) encouraging migration to parts of the empire. William and May, like many others, were persuaded by promises of 'ready made farms' and 'a new life, a new start on your own dairy farm in the paradise of Western Australia' but one aim of the scheme was to populate its 'empty spaces' and many were to find their landscape barren, wild and inhospitable. The often exaggerated, sometimes downright misleading, claims of the propaganda began to trouble Australian politicians; one cited a promotional film describing the climate of Western Australia as being 'mild as a mother's kiss' and the soil 'as kindly as God's love'. Men like William, whose horizons had been extended by their experiences in WWI, were easily tempted by the promises of a life literally a world apart from the post-war austerity and unemployment of Britain. A childless young couple like William and May were ideal candidates for the scheme.


text:
July 11: South Dakota's COVID-19 numbers continue to climb, 2 new deaths
by: KCAU Staff
PIERRE, S.D. (KCAU) – The South Dakota Department of Health (DOH) has confirmed 55 more cases of COVID-19, bringing the state's total to 7,454 on Saturday.
Health officials reported no new virus-related deaths, meaning the death toll remains at 107.
There are 875 active cases of coronavirus in South Dakota.
The state's health department said 6,470 people have recovered from the virus.
DOH reported a total of 738 hospitalizations and 65 of them are currently hospitalized.
Out of the 89,606 tests performed, 82,152 came back negative.
For the full list of case numbers in South Dakota counties, see below.
Sioux City man arrested on stalking charges, violating protective order
Iowa lawmakers notified of positive COVID-19 case in statehouse


I made this over a few days, been doing short game jams with processing lately.
This jam had rules of 128x128 pixels and no more than 4 colors.
I used a pixelated implementation of PixelFlow's fluid for rocket exhaust and smart flow field path finding code I wrote a while back for the enemies.
Being a short gamejam, the code was far too messy to publicly put my name on.
I cleaned up the code, added some comments, tuned game a bit, and implemented some features I had cut like right click for shield.


text:
// Copyright 2014 The Chromium Authors. All rights reserved.
// Use of this source code is governed by a BSD-style license that can be
// found in the LICENSE file.

#include "components/nacl/loader/nacl_trusted_listener.h"

#include "base/single_thread_task_runner.h"
#include "build/build_config.h"
#include "ipc/message_filter.h"
#include "native_client/src/public/chrome_main.h"

namespace {

// The OnChannelError() event must be processed in a MessageFilter so it can
// be handled on the IO thread.  The main thread used by NaClListener is busy
// in NaClChromeMainAppStart(), so it can't be used for servicing messages.
class EOFMessageFilter : public IPC::MessageFilter {
 public:
  void OnChannelError() override {
    // The renderer process dropped its connection to this process (the NaCl
    // loader process), either because the <embed> element was removed
    // (perhaps implicitly if the tab was closed) or because the renderer
    // crashed.  The NaCl loader process should therefore exit.
    //
    // For SFI NaCl, trusted code does this exit voluntarily, but untrusted
    // code cannot disable it.  However, for Non-SFI NaCl, the following exit
    // call could be disabled by untrusted code.
    NaClExit(0);
  }
 private:
  ~EOFMessageFilter() override {}
};

}

NaClTrustedListener::NaClTrustedListener(
    const IPC::ChannelHandle& handle,
    base::SingleThreadTaskRunner* ipc_task_runner,
    base::WaitableEvent* shutdown_event)
    : channel_handle_(handle) {
  channel_ =
      IPC::SyncChannel::Create(handle, IPC::Channel::MODE_SERVER, this,
                               ipc_task_runner, true, /* create_channel_now */
                               shutdown_event);
  channel_->AddFilter(new EOFMessageFilter());
}

NaClTrustedListener::~NaClTrustedListener() {
}

bool NaClTrustedListener::OnMessageReceived(const IPC::Message& msg) {
  return false;
}

bool NaClTrustedListener::Send(IPC::Message* msg) {
  return channel_->Send(msg);
}

redpajama_set_name: RedPajamaGithub


Negative press sells. There's no question about that. But I know that can get tiresome, especially stuck in an offseason where there isn't much football to talk about. So a positive story to get you over this Hump Day.
Posting on Instagram, Pittsburgh Steelers fullback Roosevelt Nix announced he's awarding four high school seniors $1000 scholarships as part of his Rosie Nix Foundation.
Nix has been active in his community since becoming a member of the Steelers. 2019 will mark the third summer he's held the Roosevelt Nix Youth Camp in his home state of Ohio. It's a completely free camp, many you see today, even held by athletes, require a fee, and in past years, he's brought teammates to help work the camp and support the community. In 2017, for example, DeAngelo Williams and Maurkice Pouncey tagged along while last year, both Pouncey brothers attended.
Nix's mission statement reflects his values.
His own story is one of overcoming the odds. A light, two-star recruit at Reynoldsburg High School, his school suffered their way to a 2-8 record his senior year after the school mandated a $500 price tag to play football. Combine that with a 5'11, stocky build, and most big schools had interest. Kent State was one of only four offers and though he enjoyed a wildly successful career there, the NFL didn't show much interest. Nix was infamously the first player cut on the Atlanta Falcons series of Hard Knocks. He became a substitute teacher, nearly joined the police academy, and was about to join the AFL before the Steelers came calling.
Though Nix will make more money playing football than most of the rest of us, he's not rich by NFL standards. But he's clearly rich in character and his community work will continue to make a significant impact.
Click the link here if you know someone eligible for the Nix scholarship. The deadline to apply is February 22nd.


Last week a bunch of artists including Roseanne Cash, David Poe and T Bone Burnett rose up on Capitol Hill to ask for the support of brave Members of Congress for the Fair Play Fair Pay Act–artist pay for radio play. This will require the Members to stand up to Google's raw lobbying power and the insidious pressure from the National Association of Broadcasters which is either an act of great political courage or political suicide. We won't know which until the Members take a swing at the bullies.
The First Amendment gives us freedom of speech.
For most of us here, that's at the very core of who we are — the freedom to speak, to sing, to create, to tell stories.
But the First Amendment does more than that — it says all Americans have the right to "petition their government for redress of grievances".
That's why we're here today– from all over the country, from all kinds of music, from all walks of life.
Creators and artists petitioning our government.
Demanding change in a music economy that isn't working.
Petitioning this Congress to step up and update the obsolete laws that have made such chaos of the business side of music.
Doing what we can to right wrongs that have plagued creators for decades — from the player piano dance halls to today's infinite cyber jukeboxes.
Reminding the digital entrepreneurs- the iTopians- that they are partners in this brave new music ecosystem — not in charge of it.


text:
require "singlettings"

RSpec.configure do |config|
  config.treat_symbols_as_metadata_keys_with_true_values = true
  config.run_all_when_everything_filtered = true
  config.filter_run :focus

  config.order = 'random'

  config.color_enabled = true
end


text:
Special Education Law - Database
Order Results by Date
Bureau of Special Education Appeals (BSEA) Decisions
Bureau of Special Education Appeals (BSEA) Rulings
In re: Sergio v. Department of Elementary and Secondary Education – BSEA # 20-03363
Author Todd Peckham
Category Bureau of Special Education Appeals (BSEA) Rulings
COMMONWEALTH OF MASSACHUSETTS
DIVISION OF ADMINISTRATIVE LAW APPEALS
BUREAU OF SPECIAL EDUCATION APPEALS
In re: Sergio1
BSEA #2003363
RULING ON THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION'S MOTION TO DISMISS
AND PARENT'S MOTION FOR SUMMARY JUDGMENT
This matter comes before the Hearing Officer on two motions: the Department of Elementary and Secondary Education (DESE)'s Motion to Dismiss itself as a party from Parent's Hearing Request, filed October 21, 2019, and Parent's Motion for Summary Judgment, filed October 7, 2019.2 A telephonic Motion Session was held on November 7, 2019 and additional arguments were heard during a Pre-Hearing Conference that took place on December 4, 2019. For the reasons set forth below, both motions are hereby DENIED.
I. BACKGROUND3
A. PROCEDURAL HISTORY
On September 24, 2019, Sergio's mother (Parent) filed a Request for Accelerated Status, accompanied by an Emergency Motion for Stay Put. According to Parent, Sergio, who resides in Lynn, had been enrolled in KIPP Academy, Lynn (KIPP), which had placed him for the 2018-2019 school year in the TIDES Program within the Marblehead Public Schools (MPS). Parent asserted stay-put to that placement for the 2019-2020 school year, but at the time she filed, Sergio had not yet been permitted to return to TIDES. Parent requested an Order requiring KIPP to immediately take steps to reinstate Sergio's enrollment at TIDES; an Order stating that KIPP Academy is the program school programmatically and financially responsible for Sergio; findings in support of and an Order stating that KIPP deprived Sergio of a free, appropriate public education (FAPE) and continues to do so until his reinstatement at TIDES; and findings in support of and an Order for education and related services to compensate for that deprivation. On September 25, 2019, the Bureau of Special Education Appeals (BSEA) denied accelerated status and issued a Notice scheduling the Hearing for October 29, 2019.
Also on September 25, 2019, KIPP filed a Cross-Request for Hearing and Response to Parent's Hearing Request. KIPP filed its request against Parent, Lynn Public Schools (LPS), and the Department of Elementary and Secondary Education (DESE) seeking clarification of the rights and obligations of the parties and a prospective placement for Sergio for the 2020-2021 school year (fifth grade) at KIPP' Academy Lynn's middle school substantially separate therapeutic program (SSTP).
According to KIPP, Sergio, who is currently in fourth grade and is eligible for special education due to an emotional disability, has been enrolled in KIPP Academy Lynn since kindergarten.4 In second grade he had struggled behaviorally, and KIPP came to believe he needed an SSTP. Because KIPP did not have an SSTP available for students before the fifth grade, it reached out to LPS to discuss options. When Lynn's former special education director was unresponsive, KIPP's former special education director consulted with the DESE Charter Schools Office about how to proceed. Lacking specific guidance, KIPP met with the family, consulted with MPS, and proposed a placement in Marblehead's SSTP program, TIDES. DESE was informed about this placement, and Sergio successfully attended TIDES throughout the 2018-2019 school year. In May 2019, however, DESE explained to KIPP that the charter school was not permitted to contract with school districts other than the school district of residence. DESE agreed to provide a waiver for the 2018-2019 school year, given the confusion over the regulations and how to proceed without the cooperation of the school district of residence, but informed KIPP that no such waiver would be forthcoming for the following school year. In June 2019, KIPP convened a Team meeting with the family and Lynn's new special education director. The TEAM proposed an SSTP within LPS for the 2019-2020 school year. On July 23, 2019, Parent rejected the proposed placement and asserted her right to stay-put to TIDES. Marblehead informed the family that it could not accept Sergio without a contract from KIPP; KIPP informed the family that it could not contract with MPS absent a waiver from DESE; and Lynn informed the family that in its view, Sergio could not assert stay-put to a particular public school program when the same services were available in another public school program in his district of residence. Sergio began to miss school. Given the urgency of the situation, DESE granted a waiver for the 2019-2020 school year and informed KIPP of such on September 16, 2019. KIPP offered compensatory services for the period of time during which Sergio was out of school, though it asserts that the LPS program was both appropriate and available. The Hearing on this matter was scheduled for October 16, 2019.
On October 1, 2019, KIPP requested postponement of the hearings and indicated that as Sergio had returned to TIDES and would remain there pending the outcome of the hearings, pursuant to the waiver granted by DESE, no emergency hearing was necessary. On October 8, 2019, KIPP filed a Motion to Consolidate the two Hearing Requests. During a Conference Call that took place on October 10, 2019, all parties assented to consolidation and requested that the postponement be for a period of three months to allow them to work together toward both resolution and clarity of some of the issues raised.
On October 7, 2019, Parent filed a Motion for Summary Judgment with regard to KIPP's Cross-Request for Hearing.5 She argued that KIPP is Sergio's program school, which has, and has had at all relevant times, programmatic and financial responsibility for Sergio. Furthermore, she asserted, because Sergio's Team determined that he required an SSTP, and never determined that he required placement in a private day or residential school, 603 CMR § 28.10(6)(a)6 does not apply to him. For this reason, KIPP is not, and was not, required to work with Lynn to meet Sergio's education related needs, and no law or regulation prevents KIPP from contracting with TIDES to do so. As such, she contends, she is entitled to summary judgment.
Also on October 7, 2019, LPS filed its response KIPP's Cross-Request for Hearing. Lynn argued that if Sergio's Team believed the school district of residence could meet his needs, KIPP had improperly bypassed the mandate to either create in-district programming at the charter school or propose in-district programming at Lynn, or some combination of the two. LPS asserted that the least restrictive environment mandate requires that students be educated in their neighborhood school/community to the maximum extent appropriate, and objected to Parent's assertion that KIPP could contract with TIDES, as it had done. As to the 2019-2020 school year, Lynn contended, it had met with Sergio's Team on June 17, 2019 and offered an SSTP, the TASC program within LPS's Callahan Elementary School, with services similar to those he was receiving at TIDES. According to Lynn, LPS can implement Sergio's last-accepted IEP at TASC, and TASC should therefore be considered Sergio's stay-put program and placement. Lynn agreed with Parent that KIPP remains financially and programmatically responsible for Sergio.
Following a Conference Call that took place on October 10, 2019, the Hearing was scheduled for January 7-10, 2020, and an Order issued delineating timelines for responses to pending motions.
On October 11, 2019, KIPP filed an Amended Response to Parent's Hearing Request and an Amended Cross-Request for Hearing. In its First Amended Cross-Request for Hearing (Amended Hearing Request), KIPP noted that it is seeking clarification of the rights and obligations of the parties (specifically, KIPP, Lynn, DESE, and Parent), and a finding that KIPP's proposed IEP for Sergio (dated September 18, 2018 to September 18, 2019), as amended, and placement in the TASC Program at Callahan Elementary School within LPS, is appropriate and provides Sergio with a FAPE. KIPP clarified that it was not, at the time, seeking findings beyond this time period, though KIPP anticipated filing a further amendment regarding the remainder of the 2019-2020 school year and the beginning of the 2020-2021 school year, following a Team meeting that would take place in November.
On October 17, 2019, KIPP filed its Response to Parent's Motion, arguing that the Motion is conclusory, ignores basic principles of administrative law, fails to address the argument that the TIDES placement was unavailable at the beginning of the 2019-2020 school year, and is rendered partially moot by KIPP's Amended Hearing Request. Specifically, KIPP contended that Parent cannot assert stay-put to a program for which a charter school must apply for annual waivers, particularly when DESE has instructed the charter school that, according to its interpretation of the relevant laws and regulations, such placement is illegal. As a state agency, DESE has the authority to interpret laws and regulations so long as the laws and regulations are ambiguous as written and the interpretation is not arbitrary and capricious. KIPP also asserted that Parent's interpretation of relevant special education regulations as allowing for any public school program to be considered "in-district" for any other public school, including a charter school, is contrary to common sense because it could require program schools to pay indefinitely for students to attend other public schools, including those outside their district of residence. Because the definition of "in-district" is ambiguous, KIPP reasoned, DESE's interpretation of "in-district placement" as meaning a placement in either the charter school or the school district of residence should control, and KIPP was entitled to rely on that interpretation. Should the BSEA find otherwise, KIPP would seek a finding that "in-district" should be defined to mean a placement within the program school. Finally, as TIDES was essentially "unavailable" at the beginning of the school year because DESE had instructed KIPP not to place Sergio there, KIPP's suggestion that stay-put could be effectuated at the Callahan's TASC program, which offers the same services and supports, was appropriate.7
On October 18, 2019, Lynn filed a Partial Opposition to Parent's Motion for Summary Judgment. Lynn did not object to Parent's request that the BSEA find that KIPP is programmatically and fiscally responsible for Sergio's special education programming as a matter of law, but opposed the remainder or Parent's Motion for Summary Judgment. According to Lynn, genuine issues of material fact are in dispute regarding the application of 603 CMR § 28.10(6)(a) to this matter and whether KIPP was required to contract with Lynn for Sergio's services. Moreover, Lynn asserted that by focusing narrowly on one regulation, Parent failed "to recognize the complex legal obligations and myriad of factual questions that are either in dispute or underdeveloped in the record regarding" Sergio's Team's placement determinations. Lynn took no position as to Parent's Motion to Dismiss.
On October 21, 2019, DESE filed its Response to KIPP's Hearing Request and a Motion to Dismiss for Failure to State a Claim Upon Which the BSEA Can Grant Relief. DESE took no position as to Parent's motions, argued that certain claims of KIPP's were either unripe or moot, and asserted that because no party had identified any violations of laws or claims for relief in which it has an interest, or for which it may be responsible, there is no justification for the Department's continued participation in the matter. On the same date, Parent filed her Response to KIPP's Amended Hearing Request.
On October 25, 2019, KIPP filed its Opposition to DESE's Motion to Dismiss. KIPP agreed with DESE that the compensatory services issue is moot, and noted that it would not oppose a finding by the Hearing Officer that the stay-put issue is moot given that Sergio had returned to the TIDES program.8 According to KIPP, however, DESE must remain a party to this proceeding because KIPP relied on DESE's interpretation of its regulations (and communication to KIPP, based on that interpretation, that KIPP could not legally place Sergio at TIDES) to determine that TIDES was unavailable to Sergio, and that TIDES, therefore, could not be his stay-put placement. For this reason, DESE has an interest in the matter. Moreover, should the BSEA order that Sergio be placed in TIDES beyond the expiration of DESE's most recent waiver (at the end of the current school year), compliance with the BSEA's Order would require violation of DESE's instructions, such that complete relief could not be granted in the Department's absence.
On October 28, 2019, Parent filed an Opposition to DESE's Motion to Dismiss. She contended that DESE should not be dismissed from the matter because it is not clear that KIPP is prepared to meet its legal obligations absent DESE's participation, and because the facts suggest that DESE does have an interest in alleged violations of law or claims for relief, despite its assertion otherwise.
On December 4, 2019, the parties participated in a Pre-Hearing Conference. Lynn participated by phone, with the permission of the Hearing Officer.
B. FACTUAL BACKGROUND
The following facts are not in dispute and are taken as true for purposes of this Ruling. These facts may be subject to revision in subsequent proceedings.
KIPP is a Commonwealth Charter School.
Sergio enrolled at KIPP in either kindergarten or first grade, in September 2016.
KIPP evaluated Sergio in June 2017 and identified him as eligible to receive specialized instruction and related services as a student with an emotional impairment.
During the spring of 2018, KIPP reached out to Lynn about the possibility of setting up an IEP meeting and the possibility of placing a student within LPS.9
Following an extended evaluation, in June 2018, Sergio's Team determined that he required an SSTP for the 2018-2019 school year in order to receive a FAPE.
Because KIPP did not have a school-based SSTP for third graders, KIPP contracted with Marblehead.
Sergio's last-accepted IEP places him in a substantially separate classroom at TIDES, Marblehead.
II. DISCUSSION
DESE's Motion to Dismiss and Parent's Motion for Summary Judgment require examination of the same questions of substantive law. I begin with that law, then discuss each motion in turn.
A. CHARTER SCHOOLS AND OUT OF DISTRICT PLACEMENTS
At the core of Parent's Hearing Request and KIPP's Amended Cross-Request for Hearing is one question: what are the options, and obligations, of a charter school once it determines that it cannot serve a student within its walls, but does not determine that the student requires an out-of-district placement? The parties cite to various regulations related to this subject. The Department of Elementary and Secondary Education also issued a relevant guidance.
i. Regulations
603 CMR 28.02 defines several terms relevant to the present dispute, as follows:
An "approved private special education school or approved program" is "a private day or residential school, within or outside Massachusetts, that has applied to, and received approval from, the Department according to the requirements specified in 603 CMR 28.09."10
An "approved public special education school" is "a program operated by a public school or an educational collaborative providing full day or residential special education services to eligible students in a facility serving primarily students with disabilities."11
A "district or school district," includes "any other Massachusetts public school established by statute, certificate, or charter, acting through its governing board or director." School districts have programmatic and financial responsibility in accordance with the procedures of 603 CMR 28.10.12
An "in-district program" is "a special education program operated in a public school building or other facility that provides educational services to students of comparable age, with and without disabilities."13
An "out-of-district program" is "a special education program located in a building or facility outside of the general educational environment that provides educational services primarily to students with disabilities." It is defined to include all programs approved under 603 CMR 28.09, whether operated by a private organization or individual, a public school district, or a collaborative.
A "program school" is the school in which a student is enrolled according to various provisions, including M.G.L. c. 71, § 89 (charter schools).
Pursuant to 603 CMR 28.10(6), a "program school shall have programmatic and financial responsibility for enrolled students, subject only to specific finance provisions of any pertinent state law related to the program school." The provisions potentially applicable in the present matter outline a particular course of action to be followed by charter schools contemplating a possible out-of-district placement for a student. Specifically, when a Team determines that a student attending a charter school may need an out-of-district placement, the Team "shall conclude the meeting pursuant to 603 CMR 28.06(2)(e) without identifying a specific placement type, and shall notify the school district where the student resides within two days." Following such a determination, the program school is directed to invite representatives of the school district where the student resides (school district of residence, or SDOR) to participate in another meeting to determine placement. The Team is directed to consider, first, whether the SDOR has an in-district program that could provide the services recommended by the Team. If so, the program school must arrange with the SDOR to deliver such services or develop an appropriate in-district program at the charter school. If, on the other hand, the Team determines that the student requires an out-of-district program to provide the services identified in the IEP, the Team is directed to propose to the parent an out-of-district or in-district day or residential school, depending on the student's needs. Upon parental acceptance of the proposed IEP and placement, programmatic and financial responsibility returns to the SDOR, which then implements the Team's placement decision.
ii. DESE's Technical Assistance Advisory SPED 2014-5
This DESE advisory, entitled "Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program," (the Advisory) is designed to provide guidance to charter schools on this process. Although the Advisory explains that an "out-of-district program" may be operated by a public school district, it notes that "a specialized or substantially separate program operated within a school district building that serves students with and without disabilities is not considered an out-of-district program." It lists three types of out-of-district special education programs: approved public day schools, approved private day programs, and approved private residential programs. The Advisory defines "in-district program" as "a special education program operated in a public school district building or other facility that provides educational services to students of comparable ages, with and without disabilities."
Furthermore, the Advisory encourages charter schools and parents "to think creatively to address the students' (sic) needs within the charter school, and make every effort to keep the student in the least restrictive environment." DESE recognizes that in some circumstances a charter school may have difficulty meeting the needs of a student with a disability. The Advisory continues:
Ideally, with good collaboration, the SDOR could be invited to join the charter school in seeking to problem solve how to best serve the student in the charter school environment. If the student then cannot be well-served despite clear and multiple documented efforts to find the right mix of services for the student, then both parties will be knowledgeable about the efforts that have been made. In any case, if the charter school IEP determines that the student may require an out-of-district program, then there are specific requirements that must be met in order to offer an out-of-district program…
Specifically, once a charter school IEP Team determines that a student may need an out-of-district placement, the Team must conclude the Team meeting without identifying a specific placement. Then the Team must, within two days, schedule another meeting to consider placement, inviting the SDOR to send a representative to participate in the placement meeting.14
The Advisory contemplates out-of-district placement as a last resort; '[p]arents are not encouraged to investigate out-of-district programs unless in-district services are highly unlikely to meet the needs of the student." Prior to the placement meeting prescribed by the regulation, the charter school and the parent(s) are required to think creatively as they consider whether there are any other means of serving the student at the charter school. The parent and charter school representatives are instructed to discuss the parent visiting an SDOR (with the cooperation of the SDOR) existing in-district option if they believe it may meet the student's needs and is available (emphasis added).15 Parents and charter schools are permitted to consider and investigate "what options may be available in out-of-district programs in the area that would be able to provide the services on the student's IEP" if the SDOR has indicated prior to the meeting that no existing in-district programs are currently available within the SDOR.
Furthermore, the Advisory requires that the placement Team propose an in-district program to the parent, if the SDOR has an in-district program able to provide the services recommended by the IEP Team, either alone or as a supplement to services available at the charter school. Among other options, the charter school is permitted to "[j]oin, form, or purchase services from educational collaboratives or other partners to provide or support the provision of some or all of the services described in the IEP," though the Advisory contemplates that these services will be delivered either in the charter school itself, through a program located in the SDOR, or a combination of both. When the placement Team proposes in-district programming and the student remains enrolled in the charter school, the charter school retains programmatic and financial responsibility for the student and has "full discretion over where it will propose to deliver any in-district programming." The charter school is not required to contract with the SDOR for service delivery.
"If the placement Team, including the SDOR, agrees that the student cannot be served in-district, then the placement Team shall determine that the student requires an out-of-district placement" (emphasis added). An out-of-district placement, in this context, is defined as an approved public or private day or residential school that serves only students with disabilities. The Advisory clarifies that "a program is not 'out-of-district' simply because it is not offered within the charter school." A charter school Team is prohibited from acting independently to offer an out-of-district placement unless the SDOR declines to attend the placement meeting. Moreover, an SDOR "may not simply refuse to agree to an out-of-district placement. At a minimum, the SDOR must offer an appropriate in-district program in the SDOR that is available to the student upon acceptance of the placement by the parent."
The Advisory does not contemplate a situation in which an SDOR declines to attend a placement meeting and fails to offer an appropriate in-district program in the SDOR.
iii. Open Questions
To decide the motions before me, I must determine whether TIDES is an out-of-district program, an in-district program, or neither, for purposes of these regulations, and whether TIDES is an approved public special education school. This determination will assist me in deciding whether 603 CMR 28.10(6), or some other provision, prescribes a process to be followed by a program school that has determined it does not presently possess the capacity to provide the components of an IEP it has developed for an enrolled student.
To the extent I determine that 603 CMR 28.10(6) does apply to the present matter, I must also determine whether KIPP initiated, or attempted to initiate, the process under this regulation. Such a determination requires examination of the content and manner of KIPP's communications with Lynn. If KIPP did, in fact, initiate that process or attempt to do so, I must consider whether Lynn refused to participate in the Team meeting that the regulation requires, as such refusal could circumscribe the Team's ability to comply with the Advisory's directive to parents and charter schools to investigate other options only in the event that available in-district services are highly unlikely to meet the student's needs. If I find that LPS did refuse to participate and, in so doing, deprived the Team of the ability to fully consider whether the SDOR has an in-district program that could meet Sergio's needs, an appropriate consequence may be a finding that Lynn effectively, albeit unintentionally, transferred programmatic and financial responsibility back to itself.
B. MOTION TO DISMISS
i. Standard for Ruling on Motion to Dismiss
Although generally a motion to dismiss may be granted if the party requesting the hearing fails to state a claim upon which relief may be granted through the BSEA, 801 CMR 1.01(7)(g)(3) and BSEA Hearing Rule XVII(B)(4), in this case DESE has filed a motion to dismiss itself from the proceedings, which requires an assessment of whether DESE is properly before the BSEA as a party in this matter at this time. For this reason, although KIPP initially filed its hearing request against Parent, LPS, and DESE, the outcome will be governed by the rule for joinder of additional parties. The BSEA's joinder rule, set forth in Rule I(J) of the Hearing Rules for Special Education Appeals, provides as follows:
Upon written request of a party, a Hearing Officer may allow for the joinder of a party in cases where complete relief cannot be granted among those who are already parties, or if the party being joined has an interest relating to the subject matter of the case and is so situated that the case cannot be disposed of in its absence. Factors considered in determination of joinder are: the risk of prejudice to the present parties in the absence of the proposed party; the range of alternatives for fashioning relief; the inadequacy of a judgment entered in the proposed party's absence; and the existence of an alternative forum to resolve the issues.
This mechanism can be used by parties to join state agencies that the BSEA may determine must provide services to a student in a matter before it. The extent to which the BSEA may order such services is set forth in Mass. Gen. Laws ch. 71B, § 3, which provides:
The [BSEA] hearing officer may determine, in accordance with the rules, regulations and policies of the respective agencies, that services shall be provided by the department of children and families, the department of mental retardation [now the department of developmental services], the department of mental health, the department of public health, of any other state agency or program, in addition to the program and related services to b provided by the school committee."16
As such, to determine whether DESE should remain a party in the present case, I must determine – taking into account the factors above – whether complete relief may be granted among the other parties, or if the agency has an interest relating to the subject matter of the case and is so situated that the case cannot be disposed of in its absence.17 If the answer to this question is yes, I must consider whether joinder of that agency is in accordance with the agency's rules, regulations, and policies.18
ii. Application
In this matter, KIPP does not contend that DESE may be responsible for providing direct services to Sergio. KIPP does, however, assert that in DESE's absence, KIPP could face a situation where it must violate either DESE's directive or a BSEA decision. Moreover, to the extent KIPP might be found liable for compensatory services due to Sergio's inability to return to TIDES at the beginning of the 2019-2020 school year, the charter school argues that DESE bears responsibility due to its prohibition on KIPP's funding of Sergio's placement there.
In its Motion to Dismiss, DESE asserted that no party had identified any violations of laws or claims for relief in which it has an interest, or for which it may be responsible. However, it offered no rules, regulations, or policies with which its joinder would conflict. As explained above, KIPP has in fact argued that DESE may be responsible, at least in part, for its failure to continue Sergio's placement at TIDES during the pendency of the dispute over the IEP KIPP had proposed. At this early stage in the case, I cannot say that KIPP bears no risk of prejudice in the absence of DESE.
DESE's Motion to Dismiss is DENIED without prejudice.
C. MOTION FOR SUMMARY JUDGMENT
i. Standard for a Motion for Summary Judgment
Pursuant to 801 CMR 1.01(7)(h), a rule of administrative practice modeled after Rule 56 of both the Massachusetts and Federal Rules of Civil Procedure,19 Summary Decision may be granted when there is "no genuine issue of fact relating to all or part of a claim or defense and [the moving party] is entitled to prevail as a matter of law." "By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact."20 This means that "only disputes over facts that might affect the outcome of the [case] under the governing law would prevent summary judgment."21 Moreover, in determining whether a genuine issue of material fact exists, the fact-finder must view the entire record "in the light most flattering" to the party opposing summary judgment and "indulg[e] all reasonable inferences in that party's favor."22
In response to a Motion for Summary Decision, the adverse party "must set forth specific facts showing that there is a genuine issue for trial."23 To survive this Motion and proceed to hearing, the adverse party must show that there is "sufficient evidence" in his favor that the fact finder could decide for him.24 "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted."25
Parent argues that there is no genuine issue of material fact in dispute and that she is, therefore, entitled to judgment as a matter of law on two issues: (1) that KIPP is programmatically and financially responsible for Sergio under G.L. c. 71, § 89 because he is enrolled there, and he has not been enrolled in or determined to require a private day or residential school; and (2) that 603 CMR § 28.10(6)(a) does not apply, such that KIPP was not required to work with with LPS, because Sergio's Team determined that he required an SSTP, not an out-of-district program.
As set forth above, resolution of Parent's motion requires resolution of the questions outlined in Section I(A)(i). Specifically, I must determine – among other things26 – whether 603 CMR § 28.10(6) (or any other law or regulation) applies where a charter school determines it cannot serve one of its students within its walls, but has not determined that he needs an out-of-district program; whether 603 CMR § 28.10(6) (or any other law or regulation) applies specifically to KIPP's placement of Sergio in TIDES; and whether, under the facts of this case, programmatic and financial responsibility for Sergio remains with KIPP.
To grant Parent's Motion for Summary Judgment, I must – viewing it in the light most favorable to KIPP (and, in part, Lynn), as the party opposing summary decision – find that there is no genuine issue of material fact as to these questions. 27 Though multiple parties make persuasive arguments regarding the governing law, no party has supplied me with relevant factual information. Even if I were to decide that 603 CMR § 28.10(6) does not apply where a charter school proposes an in-district program outside of the SDOR, to grant summary judgment I would have to find that TIDES is an in-district program. Although I know that Sergio was placed at TIDES by KIPP and that TIDES is a program within MPS, Parent has supplied me with no facts regarding TIDES that could support a determination that TIDES is an in-district program. As such, Parent has failed to establish that there is no genuine issue of material fact. Therefore I need not continue the analysis.
Upon consideration of KIPP Academy Lynn's First Amended Cross-Request for Hearing, the Department of Elementary and Secondary Education's Motion to Dismiss, KIPP's and Parent's Objection thereto, and the arguments of all parties, I find that DESE has not established that it is not a necessary party. DESE's Motion to Dismiss is hereby DENIED.
Upon consideration of Parent's Motion for Summary Judgment, KIPP's and Lynn Public Schools' Objections thereto, and the arguments of all parties, I find that Parent has failed to establish that there is no genuine issue of material fact and that she is, consequently, entitled to judgment as a matter of law. Parent's Motion for Summary Judgment is hereby DENIED.
The matter will proceed as follows.
1. The Hearing will take place January 7-10, 2020 at the BSEA, 14 Summer St., 4th Floor, Malden. It will begin at 10:00 AM each day. The issues for hearing are as follows:
(a) Whether KIPP properly placed Sergio at TIDES because nothing prohibits such placement;
(b) Whether DESE properly granted a waiver for KIPP's placement of Sergio at TIDES, because one was necessary;
(c) Whether Sergio's placement at TIDES may properly be continued, even absent a DESE waiver;
(d) Whether, at some point, programmatic and financial responsibility for Sergio transferred from KIPP to Lynn;
(e) Whether KIPP, Lynn, DESE, Parent, or some combination of these parties is responsible for the days of school Sergio missed at the beginning of the 2019-2020 school year and if so, how to compensate for the loss of education;
(f) Whether the IEP proposed by KIPP for the period from November 13, 2019 to November 12, 2020, placing Sergio in the TASC Program at Callahan Elementary School in Lynn during the 2019-2020 school year (through 8/1/20) and at KIPP during so much of the 2020-2021 school year as falls within the IEP period (8/2/20 to 11/12/20)28, is reasonably calculated to provide him with a FAPE, and if not, whether it may be modified such that it does provide him with a FAPE;
(g) Whether TIDES, or TASC, is Sergio's "stay-put" placement.
2. Witness lists and exhibits are due by close of business on December 27, 2019.29
By the Hearing Officer:
Amy M. Reichbach
Dated: December 26, 2019
<sup.1 "Sergio" is a pseudonym chosen by the Hearing Officer to protect the privacy of the Student in documents available to the public.
2 Parent also filed a Motion to Dismiss so much of KIPP's Hearing Request as sought a Ruling regarding a prospective placement for Sergio at KIPP Lynn Middle School for the 2020-2021 school year, presumably through an Individualized Education Program (IEP) that had not yet been developed. KIPP's Amended Cross-Request for Hearing did not seek such a Ruling, rendering moot Parent's Motion to Dismiss. To the extent KIPP's Second Amended Cross-Request for Hearing, filed on November 27, 2019, seeks a Ruling regarding an IEP that was proposed on or about November 12, 2019, no motions have been filed as of yet.
3 Except where noted, the information in this section is drawn from the parties' pleadings and is subject to revision in further proceedings.
4 According to Parent, Sergio enrolled in KIPP Academy-Lynn (KIPP) at the beginning of first grade.
5 Parent also filed the Motion to Dismiss for Failure to State a Claim, discussed in Note 2, above.
6 See discussion of 28 CMR § 28.10(6)(a) at II(A)(i), below.
7 KIPP also argued that the amendment to its Hearing Request rendered moot Parent's Motion to Dismiss.
8 KIPP noted that given Parent's request for relief, it could not rely on a finding that stay-put is moot.
9 KIPP and Lynn differ as to the nature and content of these communications, as well as the degree to which Lynn's previous Director of Special Education was responsive to KIPP's outreach.
10 603 CMR 28.02(1).
13 603 CMR 28.02(10).
14 The school district of residence (SDOR) must be given at least five school days' notice of the placement meeting, which must be held within ten school days following the IEP meeting at which the potential need for an out-of-district program was initially determined. Technical Assistance Advisory SPED 2014-5.
15 As another example of the cooperation the Advisory encourages between charter schools and SDORs, "[p]arents and charter schools are encouraged to share information with the SDOR so they may appropriately identify placement options."
16 M.G.L. c 71B, § 3; see 603 CMR 28.08(3) (corresponding regulations).
17 BSEA Hearing Rule I(J).
18 M.G.L. c. 71B, § 3.
19 Federal Rule of Civil Procedure (FRCP) 56 authorizes the entry of summary judgment whenever it appears that "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law."
20 Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 247-48 (1986).
21 Id. at 248.
22 See Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir. 1994); see Galloway v. United States, 319 U.S. 372, 395 (1943).
23 Anderson, 477 U.S. at 250.
25 Id. at 249-50.
26 Other issues to be resolved are outlined in the Order below.
27 See Galloway, 319 U.S. at 395; Maldonado-Denis, 23 F.3d at 581.
28 See KIPP's Second Amended Hearing Request.
29 Should the parties wish to extend the deadline for documents to December 31, 2019, they may do so by agreement among themselves.
Document Attachments
20-03363R
In re: Student v. Springfield Public Schools – BSEA # 22-08440
In re: Student & Boston Public Schools – BSEA No. 23-01267
In re: Student v. Division of Administrative Law Appeals & Bureau of Special Education Appeals – BSEA # 23-03901
In re: Student & Springfield Public Schools – BSEA Nos. 22-03555, 22-10887
In re: Student v. Melrose Public Schools – BSEA # 22-05685
About Special Education Law
Special Education Law (specialedlaw.com) is a free search engine for Massachusetts Bureau of Special Education Appeals (BSEA) decisions and rulings. It was created by Attorney Daniel S. Perlman and is maintained by Moor, Perlman and Gregg, LLC as a resource for parents, advocates, educators, and attorneys.
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text:
Wind advisory issued for SE Michigan; 1-2 inches of snow to start late Monday
Evan James Carter
A wind advisory has been issued for southeast Michigan for Monday, with wind gusts up to 45 miles per hour expected, with snow starting at night and return to cold temperatures.
Sustained winds of 20-30 mph and wind gusts of up to 45 mph are expected between 6 a.m. and 4 p.m. Monday from Monroe County, Metro Detroit and as far north as Huron County, according to the National Weather Service office in White Lake Township.
A lakeshore flood advisory also has been issued for Huron, Sanilac and St. Clair counties through 8 a.m. Monday. According to the weather service, increased winds will contribute to higher water levels and wave action.
The wind advisory means unsecured items could be blown around yards, down trees, and produce power outages. Vehicles such as large vans and semi-trucks may have difficulty driving, said National Weather Service meteorologist Kyle Klein.
"It's going to be kind of nasty (Monday)," Klein said.
Before the high winds begin, meteorologists expect rain to continue through much of Monday. Late Monday night into Tuesday morning, rain will turn into snow, Klein said. About 1-2 inches of snow are expected, with 3 inches possible in some spots north of Detroit.
Temperatures are expected to fall from a high of 48early Monday to a low of 32 at night. Tuesday is forecast to have a high of 36 and a low of 26.
The new year will start with dry conditions, Klein said, because the system that caused fog on Sunday, and snow and rain on Monday and Tuesday will have moved east. The high on Wednesday is forecast to be 38 with a low of 29.
According to Klein, the amount of rain the area experienced Sunday and will see on Monday is unusual for late December. Overall, December has been more dry than normal, with 1.43 inches of rain observed at Metro Airport as of Dec. 28, while the average level is 2.31 inches.
"The above-average warmth we've had is the reason," Klein said, "We're getting (precipitation) in rain instead of snow."
ecarter@detroitnews.com
Twitter: @EvanJamesCarter


text:
package org.eclipse.rdf4j.rio.rdfxml;

import static org.assertj.core.api.Assertions.assertThat;
import static org.junit.Assert.assertEquals;
import static org.junit.Assert.assertNotNull;
import static org.junit.Assert.assertTrue;
import static org.junit.Assert.fail;

import java.io.FileNotFoundException;
import java.io.IOException;
import java.io.InputStream;
import java.net.URL;
import java.util.Collection;
import java.util.Iterator;
import java.util.LinkedHashSet;
import java.util.Locale;
import java.util.Set;

import org.eclipse.rdf4j.model.IRI;
import org.eclipse.rdf4j.model.Statement;
import org.eclipse.rdf4j.model.ValueFactory;
import org.eclipse.rdf4j.model.impl.SimpleValueFactory;
import org.eclipse.rdf4j.model.vocabulary.DC;
import org.eclipse.rdf4j.model.vocabulary.RDFS;
import org.eclipse.rdf4j.rio.RDFParseException;
import org.eclipse.rdf4j.rio.RDFParser;
import org.eclipse.rdf4j.rio.helpers.ParseErrorCollector;
import org.eclipse.rdf4j.rio.helpers.StatementCollector;
import org.eclipse.rdf4j.rio.helpers.XMLParserSettings;
import org.junit.After;
import org.junit.Before;
import org.junit.Test;

public class RDFXMLParserTest {

	private ValueFactory vf;

	private RDFParser parser;

	private StatementCollector sc;

	private ParseErrorCollector el;

	private Locale platformLocale;

	@Before
	public void setUp() throws Exception {
		platformLocale = Locale.getDefault();

		Locale.setDefault(Locale.ENGLISH);
		vf = SimpleValueFactory.getInstance();
		parser = new RDFXMLParser();
		sc = new StatementCollector();
		parser.setRDFHandler(sc);
		el = new ParseErrorCollector();
		parser.setParseErrorListener(el);

	}

	@After
	public void tearDown() throws Exception {
		Locale.setDefault(platformLocale);
	}

	@Test
	public void rdfXmlLoadedFromInsideAJarResolvesRelativeUris() throws Exception {
		URL zipfileUrl = this.getClass().getResource("/org/eclipse/rdf4j/rio/rdfxml/sample-with-rdfxml-data.zip");

		assertNotNull("The sample-data.zip file must be present for this test", zipfileUrl);

		String url = "jar:" + zipfileUrl + "!/index.rdf";

		try (final InputStream in = new URL(url).openStream()) {
			parser.parse(in, url);
		}

		Collection<Statement> stmts = sc.getStatements();

		assertThat(stmts).hasSize(3);

		Iterator<Statement> iter = stmts.iterator();

		Statement stmt1 = iter.next();
		Statement stmt2 = iter.next();

		assertEquals(vf.createIRI("http://www.example.com/#"), stmt1.getSubject());
		assertEquals(vf.createIRI("http://www.example.com/ns/#document-about"), stmt1.getPredicate());
		assertTrue(stmt1.getObject() instanceof IRI);

		IRI res = (IRI) stmt1.getObject();

		String resourceUrl = res.stringValue();

		assertThat(resourceUrl).startsWith("jar:" + zipfileUrl + "!");

		URL javaUrl = new URL(resourceUrl);
		assertEquals("jar", javaUrl.getProtocol());

		try (InputStream uc = javaUrl.openStream()) {
			assertEquals("The resource stream should be empty", -1, uc.read());
		}

		assertEquals(res, stmt2.getSubject());
		assertEquals(DC.TITLE, stmt2.getPredicate());
		assertEquals(vf.createLiteral("Empty File"), stmt2.getObject());
	}

	@Test
	public void testIgnoreExternalGeneralEntity() throws Exception {
		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/rdfxml-external-general-entity.rdf")) {
			parser.parse(in, "");
		} catch (FileNotFoundException e) {
			fail("parser tried to read external file from external general entity");
		}
		assertEquals(0, el.getWarnings().size());
		assertEquals(0, el.getErrors().size());
		assertEquals(0, el.getFatalErrors().size());

		assertThat(sc.getStatements().size()).isEqualTo(1);

		Statement st = sc.getStatements().iterator().next();

		// literal value should be empty string as it should not have processed the
		// external entity
		assertThat(st.getObject().stringValue()).isEqualTo("");
	}

	@Test
	public void testFatalErrorDoctypeDecl() throws Exception {
		// configure parser to disallow doctype declarations
		parser.getParserConfig().set(XMLParserSettings.DISALLOW_DOCTYPE_DECL, true);

		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/rdfxml-external-param-entity.rdf")) {
			parser.parse(in, "");
		} catch (RDFParseException e) {
			assertEquals(
					"DOCTYPE is disallowed when the feature \"http://apache.org/xml/features/disallow-doctype-decl\" set to true. [line 2, column 10]",
					e.getMessage());
		}
		assertEquals(0, el.getWarnings().size());
		assertEquals(0, el.getErrors().size());
		assertEquals(1, el.getFatalErrors().size());
		assertEquals(
				"[Rio fatal] DOCTYPE is disallowed when the feature \"http://apache.org/xml/features/disallow-doctype-decl\" set to true. (2, 10)",
				el.getFatalErrors().get(0));
	}

	@Test
	public void testIgnoreExternalParamEntity() throws Exception {
		// configure parser to allow doctype declarations
		parser.getParserConfig().set(XMLParserSettings.DISALLOW_DOCTYPE_DECL, false);

		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/rdfxml-external-param-entity.rdf")) {
			parser.parse(in, "");
		} catch (FileNotFoundException e) {
			fail("parser tried to read external file from external parameter entity");
		}
		assertEquals(0, el.getWarnings().size());
		assertEquals(0, el.getErrors().size());
		assertEquals(0, el.getFatalErrors().size());
	}

	@Test
	public void testRDFXMLWhitespace() throws Exception {
		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/rdfxml-whitespace-literal.rdf")) {
			parser.parse(in, "");
		}
		Statement stmt1 = sc.getStatements().iterator().next();
		assertEquals(1, sc.getStatements().size());
		assertEquals(RDFS.LABEL, stmt1.getPredicate());
		assertEquals(vf.createLiteral("  Literal with whitespace  "), stmt1.getObject());
	}

	@Test
	public void testFatalErrorPrologContent() throws Exception {
		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/not-an-rdfxml-file.rdf")) {
			parser.parse(in, "");
		} catch (RDFParseException e) {
			assertEquals("Content is not allowed in prolog. [line 1, column 1]", e.getMessage());
		}
		assertEquals(0, el.getWarnings().size());
		assertEquals(0, el.getErrors().size());
		assertEquals(1, el.getFatalErrors().size());
		assertEquals("[Rio fatal] Content is not allowed in prolog. (1, 1)", el.getFatalErrors().get(0));
	}

	@Test
	public void testInsertUsedContextPrefixes() {

		Set<Statement> inputCollection = new LinkedHashSet<>();
		StatementCollector inputCollector = new StatementCollector(inputCollection);
		parser.setRDFHandler(inputCollector);

		try (final InputStream in = this.getClass()
				.getResourceAsStream("/org/eclipse/rdf4j/rio/rdfxml/rdfxml-namespace-addition.rdf")) {
			parser.parse(in, "");
		} catch (RDFParseException | IOException e) {
			assertEquals("Content is not allowed in prolog. [line 1, column 1]", e.getMessage());
		}

		String[] expectedLiteral = new String[2];

		String s1 = "(http://mycorp.example.com/papers/NobelPaper1, http://test.org/testing/somedata, \"<test:datapart xmlns:test=\"http://test.org/testing/\">Literal</test:datapart>\n"
				+
				"  <test:datapart xmlns:test=\"http://test.org/testing/\">0</test:datapart>\n" +
				"  <test:datapart xmlns:test=\"http://test.org/testing/\">0</test:datapart>\n" +
				"  \"^^<http://www.w3.org/1999/02/22-rdf-syntax-ns#XMLLiteral>)";
		String s2 = "(http://mycorp.example.com/papers/NobelPaper1, http://purl.org/metadata/dublin_core#Creator, \"David Hume\"^^<http://www.w3.org/2001/XMLSchema#string>)";
		expectedLiteral[0] = s1;
		expectedLiteral[1] = s2;

		int ind = 0;
		for (Statement s : inputCollection) {
			assertEquals(s.toString(), expectedLiteral[ind]);
			ind += 1;
		}

	}
}