Tag Archive for: education

State finds Boston Public Schools transportation issues violated students’ right to special education services

In a March 1 article, The Boston Herald reported on an investigation by the Massachusetts Department of Elementary and Secondary Education that determined Boston Public Schools had violated students’ rights to special education services. Greater Boston Legal Services and Massachusetts Advocates for Children filed a joint complaint about the issue on behalf of several families last year. An excerpt of the article is below.

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In a letter sent to Boston Public Schools Superintendent Mary Skipper on Friday, the Department of Elementary and Secondary Education said an investigation found the district’s transportation issues violated students’ rights to special education services.

“The findings in the preceding sections of this letter indicate that the District did comply with some of its obligations under federal and state requirements,” DESE officials wrote in the letter.

Several families issued a joint complaint with Greater Boston Legal Services and Massachusetts Advocates for Children in October, outlining incidents in which the district failed to provide students with one-on-one and specially trained bus monitors, families notification of transportation issues, or just any transportation at all — in effect denying the students their right to a free appropriate public education.

In many of these incidents, “students’ families are required to (provide transportation), causing financial and other burdens,” the letter states, and systemic failures have “deprived many students of their education due to ongoing absences and late arrivals resulting from lack of or delayed transportation.”

The state reviewed parent reports of bus issues in the last year, finding 3,469 coded “Missed Stop,” 775 “Late Bus,” 736 “Stranded Student,” 721 “Bus Monitor,” 597 “Other,” and 236 “Blown Route” or “Uncovered Route.”

In the fall of the 2022-23 school year, an average of 16.4% of buses were still dropping off students late or not at all, the letter states.

These wide-scale issues had an especial impact on students with disabilities, the investigation found, including the “key deficiency” of bus monitors.

“The District reported that approximately 35–40% of monitor-required routes have not had a designated monitor assigned to the route during the 2022-2023 school year,” the letter reads.

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Read more in The Boston Herald.

Mass. vocational schools policy violates student civil rights, complaint says (The Boston Globe)

In a Feb. 2 article, The Boston Globe reported on a complaint filed in federal court against the state of Massachusetts about the admissions practices of vocational schools. The Center for Law and Education, along with Lawyers for Civil Rights, filed the complaint. An excerpt of the article is below.

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Massachusetts vocational schools and technical programs are systematically denying admission to students of color, those from low-income families, and other at-risk populations, closing off career pathways to some of the very people they were designed to help, two legal aid organizations said in a lawsuit filed against the state Thursday.

The complaint, filed in federal court in Boston by Lawyers for Civil Rights and the Center of Law and Education, argues the state’s use of “exclusionary criteria,” which includes using grades, attendance, and disciplinary records to determine admission, is discriminatory. The result, they argued, is that students, of color, from low-income homes, those with disabilities, and those still learning English are admitted to career vocational schools and programs at disproportionately lower rates than their peers.

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Read more in The Boston Globe.

Children’s Law Center of Massachusetts: Securing Equal Justice for Low-Income Children and Youth

By John Carroll

Forty years ago, the Children’s Law Center of Massachusetts (CLCM) opened its doors in Lynn with a mission to promote and secure equal justice and maximize opportunity for low-income children and youth throughout the Commonwealth. Since then the organization has had remarkable success in protecting this vulnerable demographic group through local advocacy and by advocating and litigating for systemic change.

For an example of their expert local advocacy, consider the difference the organization made in the lives of 20-year-old “Melissa” (a pseudonym used to protect her privacy), and her two younger siblings. Their father abandoned the family, but they were left without anyone when they lost their mother to cancer. Melissa’s wish was to care for her siblings and keep them all together. Given Melissa’s youth and her school and work commitments, her plans to care of her younger siblings were dubious. The foster care system loomed.

That is, until a CLCM attorney took charge. Against the odds, he helped Melissa get legal custody of her siblings. He then provided assistance so she could secure survivor benefits, health insurance, food stamps, fuel, utilities and housing. He taught her budgeting and financial management. The attorney also provided legal help to Melissa in housing court. Finally, the legal advocate sponsored small fundraising efforts to help Melissa acquire funds to keep the family afloat. Thanks to the commitment of this CLCM counsel, Melissa and her siblings have remained together and have done quite well.

Working more broadly, CLCM was influential in the reform of state and federal laws that mandated life sentences without parole for juvenile offenders. In 2007, the organization recruited a Fellow to investigate, research, and publish a definitive study on the sentencing of youth to life imprisonment without parole. At the time, only Massachusetts and Connecticut mandated that juveniles as young as 14 who were charged with first degree murder (even if only an accomplice, under the felony-murder rule) could be tried as an adult. If convicted, Massachusetts law required that such children be sentenced to life without parole. Through a report, “Until They Die a Natural Death,” published in 2009, CLCM began advocating for changes in this legislation, a goal that was ultimately realized at both the federal and state levels.

Aside from its headquarters in Lynn, CLCM has project offices in Boston and Chelsea and will re-open an office in Lawrence office in September 2017. The agency has nine attorneys, an AmeriCorps volunteer, and a panel of about 40 volunteer private attorneys. Jay McManus, CLCM’s executive director, is a public-spirited lawyer who, like his peers, is committed to helping vulnerable people.

Aside from working on juvenile justice reform, CLCM engages in an array of educational and systemic change efforts, including research, appellate and legislative advocacy, impact litigation, and committee and task force work. It produces informative, easy-to-read materials, such as “Quick Reference Guides” on Children’s Behavioral Health Initiatives (CBHI)-Mental Health Services, special education, school discipline and Child Requiring Assistance (CRA) matters—all documents regularly used by attorneys and advocates throughout Massachusetts. CLCM also publishes, on an annual basis, community resource manuals that give parents, attorneys and providers for most cities and towns in southern Essex county and Merrimack Valley a compendium of critical social and legal services for low-income children.

CLCM’s local advocacy is focused on individual legal representation of children in a range of substantive areas, including education, immigration, child welfare, mental health and juvenile justice. Its local advocacy service area encompasses Essex County and Greater Boston. CLCM provides legal representation to more than 400 clients per year; an additional 1,500 children receive limited legal assistance.

The agency also does close to 100 trainings per year across the Commonwealth, reaching 2,000 – 3,000 attorneys, providers and parents.

CLCM is funded by Massachusetts Legal Assistance Corporation, the Massachusetts Bar Foundation, the Boston Bar Foundation, and the United Way, as well as several private foundations, including Cummings, Clowes, Eastern Bank and HG Shaw, among others, along with individual and corporate donors. The good that this agency does is exponentially greater, many times over, than the resources it has at its disposal. CLCM punches well above its weight.

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John Carroll is a a partner at Meehan, Boyle, Black and Bogdanow, and the immediate past chair of the Equal Justice Coalition. He is a 2016-2017 fellow with the Access to Justice Fellows Program, a project of the Massachusetts Access to Justice Commission and the Lawyers Clearinghouse that enables senior lawyers and retired judges to partner with nonprofit organizations, courts, and other public interest entities to increase equal justice for all.