Latest Issue of YAF Newsletter Out Now!

📣Extra, extra! 🗞 Our latest issue of The Advocate: A YAF and EdLaw Newsletter was just released! To read the second quarter newsletter of our Fiscal Year 2025, check your email or visit: https://conta.cc/4fUzXnP

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National Day of Mourning for President Jimmy Carter, 1924 - 2024

Read more about Jimmy Carter’s impacts on national education here: https://www.edweek.org/policy-politics/jimmy-carters-education-legacy-stretched-from-the-school-board-to-the-white-house/2024/12

Today we observe the National Day of Mourning for President Jimmy Carter who served as the 39th President of the United States from 1977-1981. Throughout his life and presidency, Carter displayed unwavering commitment to equal education opportunities and access.

Prior to Carter’s administration, education was largely managed at local and state levels. In 1979, Carter notably established the Department of Education and centralized educational policy and emphasized it as a cohesive national priority. Carter believed that education was a universal right and particularly prioritized funding for disadvantaged schools and desegregation during his administration.

As we honor his legacy today, it is especially important during times like these to recognize that the fight for educational equity is far from over. It is through policy reform and advocacy that an education system where every child thrives will be built.

#nationaldayofmourning #presidentjimmycarter #departmentofeducation #educationmatters #equityineducation

A New Guidance on School Stability for Students in Foster Care

A new Guidance was released from The U.S. Department of Education (USDOE) and the U.S. Department of Health & Human Services (USDHHS) on school stability for students in foster care on November 15, 2024.

This guidance resolves some of the recurring problems in educational stability for students in foster care in Massachusetts and has a helpful section on addressing the disparity in the discipline imposed on students in foster care.  If you represent any students in the legal custody of DCF, this is a must read. 

A Conversation About Juvenile Justice with Josh Perry

Last night, we were treated to a terrific discussion about juvenile defense between author and former New Orleans Public Defender, Josh Perry, and former Youth Advocacy Division director and YAF Founder, Josh Dohan. YAF Board members, local attorneys, and community members passionate about the topic turned out at the More Than Words Boston store and event space. We were so pleased that many of the youth who work at More Than Words also joined our event.

Josh Perry talked about his book and his experience as a juvenile defender in New Orleans. He talked about the importance of a juvenile defender honoring their clients' wishes for their representation and not to see themselves as "super heroes" who swoop in to save people. He also emphasized the importance of constantly evaluating the quality of representation being given.

Josh Dohan highlighted how Josh Perry was a pioneer in establishing a process of evaluating the juvenile defense office. Josh also reminded all present that the systems with which our clients interact - the family regulation system and the police, to just name two, have been challenging for our clients regardless of the party in control of the White House and it continues to be our job to zealously represent the young people we represent in the face of these challenges.

After the wonderful discussion, Josh Perry, read a bit from his book, Seraphim, and then met with attendees and signed copies of the book for donations to YAF. If you missed the event but would still love to support YAF and read a book described by one reader as "the most amazing book I've read in a long time", we have a limited number of signed copies that can be mailed to you for a donation of $50 to the Youth Advocacy Foundation. For more details, please email admin@youthadvocacyfoundation.org.

Here is a review of this book by 2024 Edgar Allen Poe Award Winner and YAF Board Member, Katherine Hall Page:

"Joshua Perry’s outstanding novel, Seraphim, works on so many levels. It’s an eyes-wide-open look at our justice system, specifically juvenile and what Public Defenders do, and can’t do. As someone with a career working with adolescents, it’s also one of the best explorations of why kids do what they shouldn’t and why they should not ever be viewed as adults—until well into their twenties. Cognitive science has shown us this. The book is also a moving description of relationships between parents and children; fathers and sons foremost here. And then Perry also manages to challenge us to think about belief through his protagonist’s struggle.

There’s so much more in this book, including suspense from page one to the startling conclusion and concepts he presents like the difference between the facts in a case and the facts in the world—what that means. Am still mulling it all over. This is without a doubt the best book I’ve read this summer, and maybe in all of 2024. Looking forward to more."

YAF Celebrates Pro Bono Week 2024!

With this week coming to a close, we want to again recognize and thank all of the firms and people who have been volunteering their time, working with us in 2024, to ensure Massachusetts' children and emerging adults are able to receive access to an equitable education.

Since inception in 2015, YAF's pro bono panel has helped over 160 students across Massachusetts!

Please read through these stories below, highlighting the wonderful work they’ve done this year or are currently doing, and join us, one more time, in thanking all of these incredible people for their time and expertise volunteered!

Thank you to Kristen Gagalis of Anderson Kreiger for representing a 17-year-old autistic young woman, who, thanks to Kristen's advocacy last year, was appropriately placed in a day school that is able to meet her needs. It has been a tough transition for the student and Kristen is working with the new school to make sure the student's needs are properly being addressed.

Thank you to TJ Roskelley also of Anderson Kreiger for successfully fighting for improved transition services, assistive technology, and inclusion support for a teenager with autism who had made no progress in his district high school for years. He is now on-track with a terrific program to support him until he ages out of high school in a few years.

Thank you Matt Leno and Sean Phipps of Barnes & Thornburg for representing a fourth grader who was in the hospital at the time of intake. The team was able to obtain a new placement within the school district for this student. They are now looking at making the case for an out-of-district placement to better fit this student’s needs.

We’d also like to thank the team of Matt Leno, Derek Roller and Alex Nagorniy of Barnes & Thornburg for their representation of a fourth grade student with dyslexia. Through their advocacy, the district found the student eligible for special education and then they secured a placement at a school designed to support his needs as well as targeted 1:1 tutoring over the summer. This student is now thriving in school.

Thank you Michael Gass and Seth Mennillo for acting as Pro Bono Coordinators of Choate, Hall & Stewart.

Thank you Conor O'Sullivan-Pierce of Choate, Hall & Stewart for representing a third grade student with severe non-verbal ASD. Thanks to Conor, this student obtained placement in private therapeutic day school.

Thank you Seth Mennillo and Silvia Faria of Choate, Hall & Stewart for representing a 7th grade student with emotional and learning disabilities. They secured placement in a substantially separate classroom within the school district and when that could not provide for all this student's needs, they secured a placement at an out-of-district special ed school. Seth and Silvia continue to represent the student to ensure that this school is a fit.

Thank you Natalia Smychkovich of Choate, Hall & Stewart for representing a young elementary school student who is deaf/hard of hearing. Thanks to her advocacy, this student is now receiving instruction that meets her needs. The student and their family are moving to a new town and Natalia is helping to ensure a smooth transition of school district responsibility for the student.

Thank you Stefano Sharma and Robert Shames of Choate, Hall & Stewart for advocating for a student with a learning disability and cognitive delays to receive appropriate inclusion supports to support him in the classroom.

Thank you Conor O'Sullivan Pierce and Meg Ziegler of Choate, Hall & Stewart for advocating for a student who is now going into 9th grade with significant learning disabilities. They originally secured him a placement in 4th grade at one private special education school and have helped his family find another school for him when he aged out of his old school.

Thank you Rebecca Cazabon for being Pro Bono Counsel of Foley Hoag.

We'd also like to thank Jasmine Brown and John Shope of Foley Hoag for representing twin six-year-old boys with physical and occupational therapy needs. Their family moved districts over the last year and was seeking appropriate special education services. The Foley team helped the family transition to appropriate services in the new district.

Another big thank you to Spenser Angel of Foley Hoag for representing a 2nd grade student with a history of school avoidance due to anxiety and medical issues and a psychiatric history of severe anxiety, separation anxiety, and sleep disorder that was found ineligible for special education. This representation is ongoing and they are currently waiting for a team meeting.

Thank you Nicholas Anastasi of Foley Hoag for advocating for appropriate services for a six-year-old student with ASD to receive appropriate IEP and services in his school setting.

We'd like to give a huge THANK YOU to Carolyn Rosenthal the Director of Pro Bono at Goodwin Procter.

Thank you Gregg Katz and Gaebriella DeLisle of Goodwin Procter for representing three students over the course of this year! This team provided representation for two siblings, each with unique struggles in their school district. One of the siblings, a 7th grade student with developmental, physical, and emotional disabilities, has already been placed in a more appropriate out-of-district placement and great progress is being made to secure the necessary services for the other sibling, a fourth grade student in need of language-based program. They are also representing a 5th grade student who is struggling both academically and emotionally. Gabriella and Gregg worked with an independent evaluator to update the child's IEP with appropriate services.

Thank you to the team of Gregg Katz, Laura Wood and Maria Smith of Goodwin Procter for representing a 5th grade student with autism who is not receiving the needed services at school. They are currently arranging for an observation of his program by an expert to determine what his needs are.

Thanks again to Gregg Katz and Laura Wood of Goodwin Procter who, in additional to the student they represented with Maria Smith, represented two other students in the past year. They provided Pro Bono representation of an eight-year-old boy who was hospitalized due to aggressive behaviors as a result of a brain injury at birth. His school was not providing appropriate supports. They immediately jumped in to advocate for student and as a result, he received placement at an appropriate specialized school and was able to be discharged from the hospital and is now attending school and thriving at school and at home. This team of exceptional attorneys are also representing a high school student in need of therapeutic day program. A placement was made in early 2024, but the student is currently having issues with that placement and they continue to help the student find a program to fit the student’s needs.

Our next thank you goes out to Gregg Katz and Daniela Sanchez of Goodwin Procter for representing a 19-year-old student with emotional disabilities who attends a private therapeutic school. This student recently received an autism diagnosis and the team is working to update the student’s IEP to accurately reflect their needs.

We'd like to start by thanking Kiara Vaughn for acting as Pro Bono Coordinator of Latham & Watkins Boston office.

Thank you Cory Lewis of Latham & Watkins for helping a young adult student with autism receive a residential school placement and transitional supports to appropriately meet their educational and behavioral needs.

Thank you Kenneth Parsigian, Allison Carbonaro and Matthew Duffy of Latham & Watkins for filing a class action challenging the failure of the state to provide special education services to young adults confined in County Houses of Correction.

Thank you Christopher Lloyd and Samual Townsend of Latham & Watkins for representing a student with emotional and learning disabilities who Latham attorneys have represented over four years. Initially they helped secure a residential placement for the student and just this year they secured a day placement, so the student could go home. They also secured specialized language-based tutoring for this student.

And last, but certainly not least, we want to thank the team of Priyanka Krishnamurthy, Avery Boreliz and Annabel Kupke of Latham & Watkins for representing a second grade student to secure his eligibility for special education and many services to meet his learning, speech, and social needs.

We'd like to thank Kelly Crosby and paralegal Janet Nolan of Liberty Mutual for representing a 17-year-old multilingual learning student with neurological, physical, and intellectual disabilities. The student recently moved districts and his complicated profile has made the transition difficult. The legal team is working to make sure the new district can adequately support the family.

We'd like to start by thanking Alison Sclater for acting as Pro Bono Counsel of Morgan, Lewis & Bockius.

Thank you Stephanie Faraci and Laurie Burlingame of Morgan, Lewis & Bockius for representing a 9-year-old girl who was attending a charter school. She has ADHD and dyslexia and the charter school was not supporting her special education needs. Instead, the school retained her in a lower grade which led to serious bullying by other students. She is now back in her home district public school in a language-based program at her appropriate grade level and she is feeling more confident and better about herself.

We'd like to give a big thank you to Laura Lerner of Morgan, Lewis & Bockius for helping four students this year through her pro bono representation. Laura represented this first student over the past two years and secured an appropriate out of district placement for her, after trying an in-district program with a 1:1 aide. This year there have been challenges with transportation and Laura has stepped up to help. Laura also continues to support two brothers, both on the autism spectrum with respect to their special education needs. Additionally, Laura continues to support a student with dyslexia, who she represented when he was back in 6th grade, and now he is in his last year of high school.

Thank you Stephanie Faraci of Morgan, Lewis & Bockius for representing two more students this year in addition to the student discussed earlier. Stephanie is representing a student whom her firm has worked with since 3rd grade and who is now a junior in high school. This student has dyslexia and over the years, Morgan Lewis attorneys have ensured this student received the appropriate services in school and also secured tutoring services throughout the summer. The student is now attending a vocational school and is excelling in all subjects with a bright future on the horizon. Additionally, last year, Stephanie secured an appropriate out-of-district placement for a non-verbal student who came home from her public school with unexplained bruises. She continues to advocate for this student at IEP meetings and as transportation issues have arisen.

We'd like to thank Steve Miklus and Nicola Sullivan of Morgan, Lewis & Bockius for representing a 14-year-old multilingual learner with autism, depression, and anxiety. He has struggled for years, being bounced from one out-of-district placement to another without a real understanding of what supports and programming he needs to be successful. This Morgan Lewis team helped get him an independent evaluation that laid out clearly what he needs and he has just started at a new school. The family and the attorneys are optimistic that he will be able to flourish here.

We'd also like to thank Shannyn Henke of Morgan, Lewis & Bockius and Melissa Waite of MassMutual for representing an 8-year-old boy with an emotional disability who was punished with seclusion at his public school. He is in a new program and they are monitoring his progress there.

A big thank you to Lisa Burton and Laurielle Howe of Ogletree Deakins for advocating for a middle school student with multiple suicide attempts. They were able to obtain a therapeutic day school placement for this student.

Thank you Alexandra "Lexie" Reynolds and Hayley Kronthal of Proskauer for their representation of a 7th grader with dyslexia who was reading at an early elementary grade level. Despite advocating with the district for years, his guardians were unable to secure the appropriate services. Thanks to the Proskauer team, he received specialized tutoring over the summer and has started at a school designed for students with his profile and he is thriving.

We'd like to thank Brandon Arber, Lisa White and Katie Groves of Shook, Hardy & Bacon for representing a 9-year-old non-verbal student with autism who is currently at home due to concerns about the safety of her school program. This team of attorneys are arranging for independent evaluations of the student and the program, assisting family with applying for DSS services, and as a result of their representation, a "Failure to Send" case against the parent was dismissed.

Another thank you to Brandon Arber of Shook, Hardy & Bacon for representing a student when the district was threatening the student's parent with a hearing, because they were not able to support him in the public school. The student is now at a more appropriate program where he is doing well.

Massachusetts Department of Elementary and Secondary Education Sued for Failure to Provide Special Education to Incarcerated Youth

A class-action lawsuit has been filed against the Massachusetts Department of Elementary and Secondary Education (DESE) for failing to provide special education to incarcerated youth in Houses of Correction (HOCs). The plaintiffs, represented by the EdLaw Project and the Mental Health Legal Advisors Committee, allege that DESE has failed to meet its legal obligations to provide education to incarcerated students with disabilities, unlawfully delegating responsibilities to HOC staff and local school districts without proper oversight.

The lawsuit seeks declaratory and injunctive relief, demanding DESE create a system that ensures incarcerated youth receive special education services and the minimum required hours of general curriculum instruction per week.

"Every student, regardless of their circumstances, deserves access to a quality education," says Phil Kassel from MHLAC. The EdLaw Project's Elizabeth Levitan adds, "We are proud to represent young people fighting to access the education they’re entitled to."

DESE has declined to comment on the lawsuit, stating only that it's "reviewing" the complaint and is committed to providing services to students with disabilities. However, the lawsuit claims that DESE offers little more than limited math and English tutoring, with only 2.4 full-time equivalent teachers across all 15 county correctional facilities.

Filed in Middlesex Superior Court, the lawsuit aims to hold DESE accountable and ensure that incarcerated students receive the education they need. It shouldn't take a lawsuit to ensure that all students receive the education they deserve. Massachusetts, the birthplace of public education, can and should do better. #EducationMatters #SpecialEducation #JusticeForYouth #EducationForAll

To read the full complaint please click HERE

To read more about this story in the Boston Globe, please visit: https://www.bostonglobe.com/2024/04/29/opinion/dese-jail-special-education-juvenile-justice/

YAF Board and Staff support Marathon Coalition runners with water stops one month before the big race!

Happy Monday! We are exactly FOUR WEEKS from #MarathonMonday when our 3 amazing #TeamYAF marathon runners, Becca Keddy, Cal Perez and Jake Krupp, will be running 26.2 miles from Hopkinton to Boston in support of our mission to shut down the school-to-prison pipeline!

If you'd like to support our runners' fundraising efforts, please visit https://www.givengain.com/cc/yaf2024/ and scroll down to choose from our list of fundraisers to support.

This past weekend, YAF board members along with YAF/EdLaw staff supported the Marathon Coalition by manning two water stops for the runners' "short" 13 mile training run! Thank you to EdLaw Attorney, Tim Sindelar, YAF Board Members, Edith Bazile and Theresa Flaherty, YAF Staff, Jackie Buchwald and Michele Scavongelli, and gracious volunteer, Ben Buchwald, for manning the water stops.

Before the run, YAF Executive Director, Michele Scavongelli, shared a bit about YAF and EdLaw with all the charity runners, and then we heard another inspiring talk from Boston Marathon Race Director, Dave McGillivray, who has raised hundreds of millions of dollars for charity throughout his running career, and is running the Boston marathon for the 52nd time next month (with his daughter for her first!)!

The Marathon Coalition and Coach Rick Muhr support a collection of education- and health-based charity running teams prepare for the Boston Marathon, including our TeamYAF runners.

EdLaw Senior Attorney, Tim Sindelar, Weighs in on Abhorent School Restraint of a 3 year old

Recent incident at a Boston school sparks concern about student restraint policies. A 3-year-old student with disabilities was restrained with nylon straps and duct tape, contrary to state regulations allowing only physical restraint by school staff to prevent imminent harm. Last school year, there were 29,215 instances of student restraint in Massachusetts, resulting in 939 injuries. Advocates urge better monitoring and training compliance. Tim Sindelar, senior attorney at the EdLaw Project, emphasizes that such restraint methods are prohibited by current state regulations. Investigations are ongoing, highlighting the need for stricter regulations and improved support for students with disabilities.

Please read the full article at: https://www.bostonglobe.com/2024/03/07/metro/bps-condon-school-3-year-old-restraint/

YAF and EdLaw Contribute to Article Urging for Support over Punishment in Brockton School Issues

Youth Advocacy Foundation (YAF) CEO, Marlies Spanjaard, and EdLaw senior attorney, Elizabeth Levitan, along with Michaela Lauture from the Brockton Education Justice Alliance and Leon Smith from the Citizens for Juvenile Justice released an article in the Boston Globe yesterday discussing the need for genuine dialogue about school safety in Brockton, highlighting recent misrepresentations and scapegoating of students by school officials. The $14 million district shortfall has led to teacher layoffs and unfilled positions, creating challenges for students.

Blaming students for systemic failures could exacerbate issues and push more students into the school-to-prison pipeline. The focus should be on support rather than punishment, with an emphasis on trauma-informed approaches and community involvement. The article calls for the implementation of models to address mental health needs and conflict resolution, stressing the importance of student voices in creating safe and supportive environments. Embracing developmentally appropriate approaches and adequate funding is essential for the well-being and success of students in Brockton and across Massachusetts.

To read the full article, please visit: https://www.bostonglobe.com/2024/03/07/opinion/brockton-high-school-students-violence-support/

Significant Changes to Grant of Conditional Liberty!

Effective December 1st, the Department of Youth Services (DYS) has implemented significant changes to the GCL (Grant of Conditional Liberty) for committed youth. Every youth will now have a new GCL that excludes the "attend school regularly" and substance use conditions. Because suspended students cannot attend school, in practice the "attend school" requirement often means that a suspension is a presumptive violation of a youth’s freedom.  This places a youth's liberty in the hands of the schools and many schools and districts across Massachusetts disproportionately suspend and expel students of color.  

This positive change was made possible through the dedicated efforts of the YDDR (Youth Defenders Dismantling Racism) Education Advocacy Subcommittee. Special thanks to the YDDR Education Advocacy Subcommittee: Raquel Calderon, Erica Cushna, Katherine DiVasto, Cris Freitas, Deb Freitas, Taylor Henley, Ami Jackson, Charity Kruzel, Elizabeth Levitan, Tim Sindelar, and Erin Stewart for their impactful work, and gratitude to all those involved in extended DYS representation for providing excellent support to clients.

Through this commitment to advocacy, more stability has been created for our clients and it’s recognized that school can be challenging with discipline meted out inequitably.  And now our youth clients' liberty will no longer be threatened by it.