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.

YAF Celebrates Pro Bono Week, October 22-28, 2023

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

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 Annie Lee of Anderson Kreiger for representing a non-verbal client with ASD needing residential placement. Thanks to Annie this student received a residential placement!

Thank you TJ Roskelley of Anderson Kreiger for fighting for improved transition services and out-of-district placement for a teenager with autism who has made no program in his current high school for years.

Thank you Matt Bowser of Anderson Kreiger for representing an 8-year-old child of color who was handcuffed by police at school after a disability-related outburst. Their team successfully got the child a terrific out-of-district placement that he absolutely loves and where he is excelling.

Thank you Kristen Gagalis of Anderson Kreiger for continuing to represent an autistic client who, thanks to Kristen's advocacy last year, was appropriately placed in a day school that is able to meet her needs. Though the family recently moved, Kristen is working to maintain some school stability for her client with services in the new district.

We'd also like to thank Matt Leno, Derek Roller and Alex Nagorniy of Barnes & Thornburg LLP for representing a 9 year old with learning disabilities who has been denied special education services by his district and as a result has experienced severe anxiety over his inability to keep up in school.

Another big thank you to Matt Leno and Sean Phipps of Barnes & Thornburg LLP for representing a 4th grader who was hospitalized at the time they first met him. They obtained a new placement for their client within the district and now are continuing to build the case for an out-of-district placement.

Thank you Conor O'Sullivan-Pierce of Choate Hall & Stewart LLP for representing a non-verbal third grade student on the autism spectrum. Thanks to Conor the student obtained placement in private therapeutic day school with the services and support this student needs.

Thank you Natalia Smychkovich of Choate Hall & Stewart LLP for the work you did representing a young elementary school student with a hearing disability to obtain an out-of-district placement.

We'd also like to thank Seth Mennillo and Silvia Faria of Choate Hall & Stewart LLP for representing an 11 year old with emotional and learning disabilities to get the support he needs on all fronts from his school district.

Thank you John Calhoun, Andrew Norkiewicz, and Meg Ziegler of Choate Hall & Stewart LLP for helping a 5 year old on the autism spectrum receive an out-of-district placement at a school that is perfect for him.

We'd also like to continue to thank Patrick Archambault from Choate Hall & Stewart LLP, working with Alexandra ('Lexie”) Reynolds of Proskauer for providing ongoing support to a client attending an out-of-district placement

Thank you again to Lexie Reynolds from Proskauer! In addition to the pro bono work with Patrick Archambault mentioned above, she is helping to secure a language-based reading program for a 7th grade student who is currently reading at a 2nd grade level.

Thank you Jasmine Brown, Susanna Chi and John Shope of Foley Hoag LLP for representing twin five year old boys with physical and occupational therapy needs. The school has refused services and the legal team is in the process of obtaining independent evaluations.

We'd also like to thank Marissa Delinks of Hinshaw & Culbertson LLP for helping a 16 year old student on the autism spectrum with intellectual challenges to find him a program that will help with life skills and transition to adulthood.

Thank you Leon Peschel of Goodwin Procter LLP for helping a young student with autism receive much more individualized support than they were originally getting in school. Leon is continuing to work on getting more ABA services for this client as well.

We want to thank the amazing team of Gregg Katz and Gaebriella DeLisle from Goodwin Procter for their representation of three pro bono clients, one of whom is a 4th grade student who is struggling both academically and emotionally. Gabriella and Gregg are working with an independent evaluator to understand the child's learning profile in order to advocate for the appropriate services. They're also representing an 11 yo with complex medical and social/emotional needs who has been isolated and disciplined repeatedly by his school for behavior that is related to his disability. Recently the school agreed to place the student in an appropriate out-of-district program. They also have a case in progress for a 3rd grade student in need of a language based program.

We'd also like to thank Ivanka Canzius, Daniela Sanchez and Gregg Katz of Goodwin Procter for their pro bono representation of an 18 year old student with emotional disabilities who needs enhanced therapeutic support. Just this week the team secured a therapeutic placement for the student and are now working with the district to update the IEP.

Another thank you to Gregg Katz and Laura Wood from Goodwin Procter for representing a high school student in need of a therapeutic day program. They have just accepted an extended evaluation.

Thank you to Lisa Stephanian Burton and Laurielle Howe from Ogletree Deakins Nash Smoak & Stewart PC for their pro bono representation of a middle school student with multiple suicide attempts. Thanks to Lisa and Laurielle, their client has obtained a therapeutic day school placement.

We'd also like to thank Brandon Arber of Shook Hardy & Bacon LLP for his pro bono work with a 9 yr old client who was in a school district that was unable to support him and repeatedly sent him home from school, despite being on an Individualized Education Plan (IEP). Brandon helped him in locating an appropriate program with the academics and emotional supports he needs.

Thank you Alex Roggio, Kristina Cary and Miriam Dormer of Kirkland & Ellis for completing representation of a 14 year old student on the autism spectrum who has been a victim of serious bullying and needed a safe school with appropriate supports. They also helped the family through a year-long school search process.

We want to thank Avery Borreliz, Lauren Hadiaris and Priyanka Krishnamurthy of Latham & Watkins for representing a bright 7 yo on the autism spectrum being bullied and receiving no services from school.

We'd also like to thank Brian Wolgast, Cory Lewis, and Lauren Hadiaris of Latham & Watkins for their pro bono representation of a five year old on the autism spectrum, who received significant early intervention services, but was denied special education by the school district. This team successfully argued for special education eligibility which brought with it appropriate services in school for this client.

Thank you to Christopher Lloyd and Samuel Townsend of Latham & Watkins for continuing this firm's long-term representation of a 13 year old student by helping with his transition from a residential program to a day school.

Thanks to Lacy Giesecke and Lauren Hadiaris of Latham & Watkins for representing a 12 year old student not making progress in reading as a result of insufficient services in school. With their help, this student obtained a place in an intensive summer program during which his reading level went up two grades.

We'd like to thank Kelly Crosby and Janet Nolan of Liberty Mutual Insurance for their pro bono work representing a 16 year old ELL student with neurological, physical and intellectual disabilities. This 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.

Thank you Nicola Sullivan, Stephen Miklus, and Wayne George of Morgan Lewis for representing a 12 year old with autism who is placed at an out-of-district program and needs a more inclusive placement in his home school district to support his anxiety and give him a chance to learn alongside neurotypical peers.

A big thanks to YAF's 2022 Pro Bono Attorney of the Year, Laura Lerner, of Morgan Lewis for taking on three pro bono cases this year. She helped a 16 year old student with dyslexia move back into mainstream high school, an 11 year old student with autism secure appropriate placement, and a 14 year old student with autism and dyslexia find an appropriate program with opportunities for inclusion.

We'd also like to thank Stephanie Faraci of Morgan Lewis for her pro bono work on two cases this year. She represents a 9 year old student on the autism spectrum who was injured at her public school program. She has secured an out-of-district placement for this student. She is also representing a 15 year old student with dyslexia attending a vocational school.

US Department of Education Investigates MA DESE State Complaint Process

Those involved in systemic advocacy efforts here in MA, have long believed the state to be out of compliance with the IDEA's state complaint process and have sought the Office of Special Education Programs' (OSEP) of the U.S. Department of Education assistance in investigating and remedying the situation.

In 2019-2020, The EdLaw Project was a client of Northeastern University School of Law's (NUSL's) Legal Skills in Social Context (LSSC) program. The project for the NUSL students was to do an in-depth analysis of many state department of elementary and secondary education (MA DESE) complaints. The Special Needs Advocacy Network (SPAN) was also a NUSL LSSC client in 2020-21 to continue the analysis of the complaint decisions. As a result, two letters raising concerns about the state complaint process were sent to OSEP.

We just learned that US DOE is investigating the MA DESE state complaint process in the following areas:

• Oversight of private out-of-district day and residential schools

• PRS process – time and substance – more than just procedural.

• Child Find MA DESE has 60 days to respond.

  You can read the letter from OSEP to MA DESE at the button below.

We maintain optimism that OSEP will identify deficiencies and mandate significant alterations to promote educational equity and justice.