EQUITABLE ACCESS TO QUALITY EDUCATION
Project Background
The EdLaw Project has provided education advocacy for Massachusetts' highest-risk youth. Since January 2000, EdLaw Project attorneys have directly advocated for the educational rights of over 1,800 low-income youth in Massachusetts. Prevention and intervention are the best ways to keep children out of the School-to-Prison Pipeline. Our interventions help kids, improve public safety, and save taxpayers millions of dollars.
The Edlaw Project is an initiative between the Youth Advocacy Foundation and the Committee for Public Counsel Services, Children & Family Law and Youth Advocacy Divisions.
Our team offers direct advocacy for students in many difficult situations including:
School exclusion;
Having trouble reintegrating after detention or incarceration;
Receiving inadequate education while in state custody;
Struggling with undetected and underserved special needs.
2017 Impact
Direct Representation
204 Cases - 121 New, 62 Cases Closed which helped:
36 Students receive appropriate Special Education services
14 Students avoid suspension/expulsion
3 students returned to school after being pushed out
2 Students avoid criminal complaints
Case Consultation
359 Instances of technical assistance via phone, email walk-ins, provided to youth advocates
Workshops and Trainings
30 Workshops serving a total of 828 attendees
Pro-bono partnerships
90 trained attorneys took on 39 current cases.
Project Client Stories
KENNY
Kenny is a 13 year old student who came to EdLaw’s attention when he was facing expulsion for an incident involved horseplay at school. The incident was not witnessed by any adults, but the student reported it to her father, who, in turn, called the middle school headmaster and demanded Kenny’s removal.
Kenny is a young boy with a diagnosis of ADHD and a Nonverbal Learning Disability. As a child, he suffered lead poisoning. A Manifestation Determination Review (MDR) meeting regarding the incident was conducted to determine if Kenny's actions were a manifestation of his disability, which concluded that they were, specifically his misinterpretation of social cues.
Following the MDR, the school district conducted a full reevaluation of Kenny’s needs to determine whether his current school placement was appropriate. The school district concluded that Kenny needed a placement in a more restrictive setting. Kenny’s mother disagreed with this finding and refused to sign the new IEP, arguing that certain accommodations could be placed in his current program to address any concerns.
The school district filed a complaint at the Bureau of Special Education Appeals (BSEA) and the EdLaw Project represented the student in this action. After a comprehensive hearing, the Hearing Officer sided with Kenny, concluding that he was able to remain in his current placement with accommodations.
Currently, Kenny is an honor roll student and has had no further disciplinary actions.
Sam
Sam’s court appointed delinquency attorney called EdLaw because Sam was expelled from school and would soon be without any educational services. The delinquency attorney was unfamiliar with the laws and regulations around school exclusion and special education.
Sam’s family had requested a special education evaluation prior to his expulsion because of concerns about his academic as well as his emotional well-being, and despite clear information from the school district’s own psychologist that Sam should qualify for services, the school district denied the request for special education services. Consequently, at age 15, Sam was expelled, and had no education options available to him.
EdLaw helped the attorney to obtain an independent evaluation for Sam as allowed under federal special education law. Armed with the new evaluation, EdLaw was able to procure much needed special education services for Sam. Sam has started the school year in a new school with appropriate services and, as of this writing, has not had any behavioral incidents.