REMOTE LEARNING OPTIONS FOR SY 2021-2022 IN MASSACHUSETTS

Massachusetts Department of Elementary and Secondary School (Herein after “DESE”) is not allowing district to offer extensive remote learning for the 2021-2022 school year. DESE believes students need to be in a classroom with a live teacher to get the most of the education process. There are a few options that parents/guardians may try if they want their student to continue with remote learning for the 2021-2022 school year:

First.

Parents/guardians may enroll their student in one of the two approved Massachusetts virtual school districts. The first is TECCA Connections and the second is Greenfield Academy. TECCA is a tuition-free online public school for grades K to 12. According to TECCA’s website the enrollment period for the first semester is open. They are limited to 2,700 students at a time. Greenfield is also a tuition-free online virtual school. Greenfield promotes itself as a “pioneer of online personalized learning, we empower our educators to tailor learning experiences to each student’s strengths, interests and challenges.” According to Greenfield’s website they do have a waitlist but students are still encouraged to enroll so that they may be entered into a lottery. Please refer to their website for application and lottery deadlines.

 Second.

 If your student is on a 504 Plan you may be able to request remote learning as an accommodation. This option is mostly for students whose disability prevents them from safely attending school due to the risk of Covid-19 but who may not be confined to their home, they could make a request for an accommodation of remote learning.  Remember, just because an accommodation is asked for – it does not mean the district has to agree.

 Third.

 For those children who are confined to their home or a hospital for 14 days or more and are therefore unable to attend school, they are entitled to an alternative education for as long as their confinement and/or medical condition requires. This may include tutoring and/or remote learning. This is NOT a special education service. Any student in Massachusetts, regardless of whether or not they have an IEP or a 504 plan, may submit this request. If this describes your student then review DESE’s FAQs on this topic found at this link before you submit a home and hospital education request. Find the necessary form as item number two at this link.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

SPECIAL EDUCATION IN MA WITH COVID

School year 2020-2021 is not like any other school year. There are a lot of questions and uncertainty about what will and will not happen this year. DESE has shared many recommendations and suggestions about both general and special education. Here are some of the recommendations in regards to Special Education that will be important for parents to be aware.

Delivery of IEP Services

Students must receive all services documented in their IEPs through in-person instruction, remote instruction, or a combination of both, with a strong emphasis on providing in-person instruction to the greatest extent possible, while abiding by the current necessary health and safety requirements. In particular, DESE urges schools and districts to prioritize in-person instruction for two particular groups of students with disabilities: preschool-aged students, and students with significant and complex needs. Remote learning is often more challenging for these students.

Bottom line what does this mean? Even if the rest of the school has entered into a hybrid or remote model of instruction, schools and districts must make every effort to maintain in-person instruction for students with disabilities, particularly those with complex and significant needs and preschool-aged students.

Promoting Inclusive Services and the Least Restrictive Environment (LRE)

Due to the safety and health protocols that schools need to follow this year, extra consideration should be paid to setting up the classroom/learning space to allow for the physical distancing requirements for students and adults in a classroom but also having enough space to allow for support staff to enter the classrooms throughout the school day to provide services to students with disabilities in the least restrictive environment.

What does that mean?

DESE has provided the example that special education teachers and related service providers (speech language pathologists, occupational therapists, etc.), could provide special education services in the general education setting services remotely from within the school building via video conference, instead of coming into the classroom to provide services. This practice would help to minimize foot traffic in and out of classrooms while also providing access to services that support the inclusion of students with disabilities.

If service providers are not able to provide special education services in the general education setting remotely within the school building via video conference, those educators or related service providers should schedule services in a manner that maintains physical distancing requirements and avoids overlapping with other staff in the classroom or physical setting.  This means that some class sizes will need to have less students in it to accommodate the additional educators and staff members who are needed to support students with disabilities throughout the school day.

Parent Engagement

DESE is recommending that schools and districts promote regular two-way communication with families.  There is no ‘requirement’ for the frequency, preferred mode of communication and or type of communication and that should be based on the child’s individual needs as well as any language and/or technology access barriers families may face supporting their children with remote learning.

All written and oral communication must be provided in the primary language of the home and in language that is understandable to the general public. This includes translating district-wide and special education notification sent to families, as well as translating special education documents, schedules, and instructions; learning plans, IEPs, Progress Reports and using interpreters at IEP Team meetings.

DESE is recommending that any school personnel who communicates with a family should document the date/content of said communication. So, parents should do the same. This way if there is a disagreement over something both parties can look at their ‘communication log’ and see what was or was not agreed to and move forward to resolution.

Monitoring Student Progress

School districts, collaborative programs, and approved special education day and residential school programs must continue to issue Progress Reports at least as often as report cards or progress reports are provided for students without disabilities.

Educators and service providers must collect data and use this data to monitor the student’s progress to develop Progress Reports. If there are periods of remote learning, educators, service providers, parents, and students should review a student’s IEP and identify the types of data that can be collected from the student, family, and home environment. Staff can re-imagine their roles in a hybrid or remote context, e.g., by using a tracking sheet to collect data from student videos, interviewing parents and students, or using assessments.  

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

LEARNING MODELS FOR SCHOOL YEAR 2020-2021 IN MASSACHUSETTS WITH COVID

The new school year is beginning for many, if not all, students this week in Massachusetts. Never has a new school year brought about so many questions and uncertainty as this year. With new information coming out almost daily it is hard to provide guidance and answer the questions that seem to pop up the most. So with that in mind we are hoping to offer some reminders as we start the new school year

Learning Models

Most districts will offer: in-person learning, hybrid learning and remote learning. But what is the difference?

Full-time In-person Learning

This is the ‘traditional’ school model of years past. Teachers/support staff and students are in the school building and receiving instruction as ‘usual.’ Districts should again be prioritizing groups of students and considerations for maximizing in-person learning for students with disabilities should be made when developing schedules. Schools have been given some leeway to be creative in using alternative school spaces to get the most use of their space (i.e. having classes outside on the school grounds) and to maximize the number of students/staff that can be allowed on the premises.

Remote Learning

All schools and districts are required to have a comprehensive plan for delivering special education instruction and services remotely. This model must be available for individual students who are not returning in-person, and for all students in the event of future classroom or school closures due to COVID-19. The emergency closing in the Spring was unexpected and the expectations of students/staff/learning was not ideal. The remote learning in school year 2020-2021 is expected to be more robust as districts have had time to plan for additional closures. During the 2020-2021 school year, schools and districts must be prepared to provide services through “Instruction and Services” mode of delivery.

What must remote learning models include now?

• Procedures for all students to participate in remote learning, including a system for tracking attendance and participation;

• Remote academic work aligned to state standards; and

• A policy for issuing grades for students’ remote academic work.

What can Parents/Guardians expect in regards to communication?

• A regular and consistent schedule of classes, interventions, services and therapies as required by the student’s IEP, offered synchronously or asynchronously;

• Structured learning time designed so that the student can access state standards; and

• Frequent interactions with teachers and other staff members to ensure participation.

Hybrid Learning

As with the “in-person” model schools are again asked by DESE to maximize in-person learning for students with disabilities should be prioritized. Preschool-aged students with disabilities and students with significant and complex needs should be considered for continuous in-person learning to the greatest extent possible. This ‘model’ should incorporate the expectations of both the in-person and remote models as stated above.

It is important to know that, in-person services offered within the student’s home or in a community-based setting, particularly for students with significant and complex needs, can also be considered as part of a hybrid model to ensure that as many services as possible are provided in-person instead of remotely.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

GENERAL EDUCATION DURING THE COVID CRISIS

There has been a lot of news and updates since March 10th when Governor Baker declared a State of Emergency in Massachusetts.  We are highlighting some of these important topics in this blog, but it is not a complete discussion.

SCHOOLS ARE CLOSED FOR THE REMAINDER OF THE SCHOOL YEAR

As of April 21st, all public and private schools (not including residential special education schools) in Massachusetts will remain closed through the end of the school year.  The location where your child receives their education may be closed but they still have the right to an education.  Every enrolled student should be participating in “Remote Learning.” The Department of Elementary and Secondary Education  (or DESE) recommends that students should engage in meaningful learning for approximately half the length of a regular school day, and learning should be a combination of educator-directed and student-directed learning.

If you would like to learn more about DESE’s recommendations for “Remote Learning” please click here.

2020 MCAS REQUIREMENTS

The MCAS testing requirements for the school year are suspended/cancelled. The Department of Elementary and Secondary Education will modify or waive MCAS competency standards typically required to acquire a high school diploma for all students set to complete high school at the end of this school year. This is a huge windfall for those students who struggled to pass MCAS and faced the uncertainty of passing the test in time to earn their high school diploma.

FOOD INSECURITIES:

Many districts are still providing free meals to students in need. If your student would benefit from this service, call your student’s principal and or superintendent for the district directly. If your district is not providing this service, there are many agencies that are offering help. Here are just a few, that you can contact to check availability:

                  Project Bread's FoodSource                                 Food for Free

Additionally, the Department of Elementary and Secondary Education is also working with the Department of Transitional Assistance (DTA) and districts to implement “Pandemic Electronic Benefit Transfer,” or P-EBT. P-EBT is a provision from the Families First Coronavirus Response Act of 2020. P-EBT allows states to issue benefits to families with children who would be receiving free or reduced-price school meals if schools were not closed right now. Once DESE has the required information they need, new benefits will be added to EBT cards for students whose families already have EBT cards, and an EBT card will be mailed to eligible households that do not already have one. If your family is experiencing financial hardships due to COVID-19, you should reach out to your district to see if your student would currently qualify for free or reduced-price school meals so that they will receive this benefit.

 EXPECTATIONS:

Each parent/guardian should know that their student will have some gaps in their learning due to this closure. DESE and the school districts have been placed in an impossible situation and are providing solutions that seem to be the best options for the health and safety of all interested parties. When your student does resume ‘normal’ schooling, there should be some type of competency testing to gauge where your student’s gaps are and what supports they need to close the gap so that they are performing on grade level. There is no requirement that districts do this testing, this is just our opinion and we would strongly encourage parents/guardians to ask for this if it is not offered.

In the meanwhile, try to provide your student with a consistent schedule that focuses on their successes. There are many resources out there to help supports the ‘home school’ atmosphere such as PBS Learning Media, which offers educational materials on key academic subjects for all grades from Pre-K to 12.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

TESTS RELATED TO MATHEMATICS

Mathematics, like reading, is one of the foundational school subjects and skills that we expect our students to master. Not only are students expected to be able to read and understand the vocabulary associated with mathematics; but they need to learn to count, write numbers and mathematical symbols and apply all this information into solving mathematical equations.  

Many students with special needs encounter difficulty in their attempts to learn the basic skills of mathematics. Although mathematics is not found across the student’s daily curriculum, it is a part of their daily life. Individuals are expected to be able to tell time, count out money to pay for their groceries or to ride the bus; and to budget their money to pay their bills from rent to phone charges.

When a student’s math skills are being assessed there should be three guiding questions: “What are the student’s educational needs?”; “What is the student’s current level of mathematical achievement?”; and “What are the student’s strengths and weaknesses in the various skill areas of mathematics?”

INFORMAL ASSESSMENT

Classroom teachers are frequently monitoring and testing the student’s mathematical skills via informal tools. Many of the tools are curriculum based (i.e. homework, quizzes and tests) but can also include teacher checklists, error analysis, inventories, questionnaires, interviews and portfolio assessments. This article is going to discuss just a few of these tools more in-depth.

Teacher checklists are probably the most efficient method for gathering information on a daily basis. The checklist is tailor made for the student and their needs. It can be general and survey a wide range of mathematical skills and knowledge. It can also be very specific and narrow, focusing on just a few skills. You can search the internet for examples of checklists if you would like to see an example.

Another tool that you may recognize without realizing it is an inventory. The teacher can create a worksheet of problems that focus on a specific skill or area of interest. For example, the student can be given a worksheet of only simple multiplication problems or clock faces that ask the student to identify the time depicted. Inventories are fast to make and are a great way to quickly identify a student’s strength and weakness while providing practice and feedback.

FORMAL ASSESSMENT

A math assessment provides a sample of skills, it does test everything your child may know. Any assessment of mathematical skills should consist of a norm-referenced test (i.e. a test that compares a student’s performance to that of the students in the norm group) as well as criterion-referenced test (i.e. a test that compares a student’s performance to the curriculum frameworks) as a supplement.

There are many formal assessments that can be used to asses a student’s mathematical skills including: Key Math, Comprehensive Mathematical Abilities Test and Wechsler Individual Achievement Test. These are not the only formal assessments available and this article only provides a very high-level explanation of a few of them.

Before you read any report generated, you should familiarize yourself with the term dyscalculia. Dyscalculia is a specific learning disability in math reasoning/calculation. This term is often used by professionals in their reports when discussing a student’s difficulties with mathematics.

Key Math. This test assesses the basic concepts (conceptual knowledge), operations (computations skills) and applications (problem solving) in mathematics.  This test may be administered to students aged 4 ½ to 21 years of age. Reading skills are not needed, because the tester reads all questions and problems to the student. Although, it may be used with high school students, this test does not measure higher-level math skills and may provide inflated scores for older students.

Comprehensive Mathematical Abilities Test (CMAT). This test is most often used to measure math reasoning, calculations and applications. The CMAT has six main subtests: Addition, Subtraction, Multiplication, Division, Problem Solving and Charts/Graphs and six subtests: Algebra, Geometry, Rational Numbers, Time, Money and Measurement. In most evaluations, only the six main subtests are administered. The student is allowed to use a calculator in all of the tests that do not assess computation skills. If a calculator is used, the evaluator is supposed to document its use. This test does not assess math fluency.

WHAT CAN YOU DO TO HELP?

When a student has math difficulties or math disability, they need to receive explicit instruction in math computation and word problems. They should also be given opportunities to practice their math skills and receive feedback. Allow your child to count out and pay the cashier when you go food shopping, etc. Set up a chore chart where your child can earn money but they also need to budget that money to pay for things they want and/or want to do. In today’s world, good jobs often require basic math skills and computing skills. By ensuring that they master math skills, you are improving your student’s options for further education, employment and independent living.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

SUPPORT FOR STUDENTS WITH MENTAL HEALTH ISSUES

It is normal for children and youth to experience various types of emotional distress as they develop and mature. Let’s be honest, today’s youth are dealing with a wide assortment of topics and stressors that many of us did not experience when we were there age. There is widespread cyberbullying, drug exposure, immigration issues, unstable home lives, body shaming, community violence and abuse just to name a few.

Some students are not equipped with the “tools” to effectively handle their emotions in situations. Sometimes these students will act out in school, not to get attention but to get help and guidance.  As a society we need to look more closely at these “difficult” students to figure out if there is an underlying issue or if it is typical ‘kid’ behavior. When symptoms persist, it may be time to seek professional assistance.

Here are some suggestions for Parents:

It’s okay to make mistakes.  Unfortunately, when you child is born the hospital does not send you home with a manual on how to raise them and address issues that might pop-up. Remember that you are human and you will make mistakes and its okay. Seek out parent support groups so that you can interact with other parents who are dealing with similar struggles. Keep trying until you find the thing(s) that work best for you and your child.

Conversation Matters. Let your child know that they can speak to you about anything they are thinking about without judgment. Let them know that you are there to help them with their thoughts, feelings and/or situations they are dealing with. Be sure you do not get angry or pass judgment. Really listen to what they have to say – you do not have to agree with them but they need to know you hear them. Depending on what they express to you, it may be wise to seek professional support for them.

Parental Presentation. Create a safe haven for them when they are struggling and/or in crisis. Let them know that you will give them some time and space to settle down. When you do talk to them, use a low and soft tone of voice and short statements.  Do your best to remain calm and stable during this period so that your stress does not exacerbate their feelings. Help them process by asking them questions that help them critically think about what they went through “What can you do the next time you are in a situation like this?” or “What made you feel better the last time you felt this way?”

Here are some suggestions for Teachers:

Start Fresh. Do not allow other colleagues opinions of a student cloud your judgment before you get to know the student yourself. Develop your own relationship with the student and ask them what works well for them when they are struggling.

Use your experience to guide you not to limit you. As a former teacher, I can still remember the names of the most “difficult” students that I worked with. I had to constantly remind myself that each student is different and just because Billy and Johnny have the same behaviors, it does not mean the same techniques and approaches that worked for Billy will work for Johnny.

Be Patient. Most of my “difficult” students wanted to do well in school and wanted a positive relationship with me and their peers. I disagreed with colleagues who called these students “slackers” and/or “trouble makers.” I sometimes had to remind myself that turning in a worksheet might not be high up on the student’s to do list especially if they are dealing with abuse and/or neglect at home.  I would find the good in what the student did and praised it so that they knew I was paying attention and their had work was not being overlooked.

Be supportive. Review your student’s IEP to see what suggestions are stated therein. Reach out to the school’s guidance counselor and see if there are any evidence-based programs that you could easily implement into your classroom routines. It would not only support your “difficult” child but the entire class as a whole. 

When should you seek additional support? 

• If it's an emergency in which you or someone you know is suicidal, you should immediately call the National Suicide Prevention Lifeline at 1-800-273-8255, call 911 or go to a hospital emergency room.

• If you can wait a few days, make an appointment with your primary healthcare provider or pediatrician if you think your child's condition is mild to moderate.

• If your child's symptoms are moderate to severe, make an appointment with a specialized doctor such as a psychiatrist. You may need to contact your community mental health center or primary health care provider for a referral.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

SOME SUGGESTIONS ON HOW TO ORGANIZE AN IEP BINDER

Over the years, I have tried several different ways to organize a student’s IEP data and other academic related information. The one tool that always works regardless of the amount of paper I’ve accumulated is a 3-ring binder. It may sound like a lot of work but once you have it set up, you can re-use the binder and its set-up year after  year.

What do you to get started: 

1. 3-ring binder. I usually get a 2 or 3 inch binder but the size depends on how much paperwork you think your student will generate in the year.
2. Some tabbed section dividers. I buy a set of 6 dividers, as well as two sets of the 8 dividers.
3. A three hole punch, if you don’t have one.
4. Some lined post-it notes. I like the medium sized ones but you should use whatever fits your needs best. 

First step:

Put the 6 sections dividers into the binder and label them. These are the labels I use:

1. Current IEP
2. Evaluations
3. Communication
4. Report cards/Progress Reports  
5. Behavior/Discipline  
6. Sample work

• I divide Communication, Report cards/Progress reports, Behavior/Discipline and Sample work into the four school quarters using the section dividers from the two sets of 8 dividers I have already bought. 

Second step:

I gather all my paperwork together and sort into each of the sections. I file all documents in reverse chronological order - the most recent document on top. I also hand write in light pencil, bottom right of each document, the date I received/sent the document. 

Current IEP

In this section, I file the most current IEP, any meeting notices and my goal tracker sheet. I update the goal tracker sheet each quarter after I've received the progress report. 

Evaluations

If you are new to the process the first two documents will be your request for evaluation followed by your consent to evaluate. Again I keep this section in chronological order with the most recent report on top.  I sometimes forget what reports say in meetings so I usually create a table of contents for this section and will include a blurb or two of the key points in each report. I do NOT write on these reports. If a blurb is not enough I will put post-it notes with my notes in/on the section that is important.

Communication

In the first week or so of the new school year, I’ll reach out to my student’s classroom teacher and discuss what would be the most efficient way to have consistent communication regarding my student’s successes and difficulties. I have already divided this section into the four academic quarters, so whatever is agreed to, I print out copies of all communications and keep them in this section with the most current one on top.

If I find myself calling the school/teacher/etc. frequently; I will create a phone log and keep track of who I spoke with, the date/time and a summary of the discussion. I would file this phone log in this section too. I would also break the log up into the four academic quarters. 

Report cards/Progress Reports  

I have already divided this section into the four academic quarters. I file each report card and progress report accordingly in this file. I sometimes will put  my goal tracker in this section too just because it related to the progress reports. Either section is appropriate and you need to put it in a section that makes the most sense for you. 

I frequently review this section asking myself:  What is the data telling me? What data is missing?  What doesn't make sense that I need to follow up on. 

Behavior/Discipline  

My student's disabilities often come hand-in-hand with behavior/discipline issues. I keep a log for each academic period. The log tells me how often the student is escorted and/or restrained. How often the student is out of class, for what reason and what the resolution was of the issue. I also use these logs to help me understand if the student is making effective progress and whether or not the placement is appropriate. 

Sample work

I like to either ask the teacher for sample work or I collect papers that are sent home each quarter. I tried to have a couple of pieces of work from each class. I do not collect all bad or all good work. I try to collect work that reflects my student's strengths/weaknesses. This way I can have my own insight into their successes and/or difficulties that I can discuss with their teacher. 

Third Step - Optional Step:

Your binder should be individualized to your student and their needs. Here are some other sections and/or pages you could include in your binder....

Medical Section

If your child has a medical issue you should create another section and label it medical. In this section you could  include names/address/contact info for each doctor, a list of medications (as well as dosage and what it is for), doctors notes if  your child was sick etc

Summary Sheet

This sheet includes the student’s name, dob , grade, teacher’s name and contact info, Aides/Supports/etc. will also be listed here, the Team Chair’s name/contact info

Table of Contents

This sheet is exactly what it sounds like. I create a table of contents that breaks down each section and what documents are in each section. 

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com 

SCHOOLS ARE NOT LIABLE FOR INJURIES CAUSED BY BULLIES

The Massachusetts Supreme Judicial Court has recently ruled a school district cannot be held financially liable for bullying that left a child paralyzed.  

The Supreme Judicial Court’s decision came in the case of Matthew Mumbauer. In 2008, Matthew was 11 years old and a student at the Brickett Elementary School in Lynn. A fellow student who allegedly (although court documents show Matthew had been repeatedly targeted) had been bullying him for years pushed him down a flight of stairs in 2008. As a direct result, Matthew was paralyzed for life. Matthew's family sued the city, school district and administrators, saying they were negligent in failing to act.

The Supreme Judicial Court stated in their opinion that they were not deciding whether or not the school was negligent for failing to act reasonably to prevent the bullying that led to Matthew’s injuries. The SJC accepted for the purpose of their limited review that the school was negligent but that their main concern was whether, under the Massachusetts Tort Claims Act, the public defendants (i.e. the city, school district and administrators) may be held liable for that negligence. 

The Massachusetts Tort Claims Act, establishes the procedure for asserting tort claims against municipalities. All claims for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of their employment are subject to this Act. The Court focused its attention on Section 10(j) of the Massachusetts Tort Claims Act, which bars “any claim based on an act or failure to act to prevent or diminish the harmful consequences of a condition or situation, including the violent or tortious conduct of a third person, which is not originally caused by the public employer or any other person acting on behalf of the public employer.”

In short, the Court concluded that the act protects them from liability for such negligence. Justice Kimberly S. Budd writing for the court said in relevant part “These claims are barred by §10(j) because they originate from a failure to act rather than an affirmative act….”

“Conclusion. There is no question that bullying is a serious issue. The tragedy that occurred in this case highlights the emotional pain of day-to-day harassment suffered by those who are bullied, as well as the horrific physical consequences that can result.[15]

In this case it appears, based upon the allegations of the complaint, that those working at the elementary school could have and should have done more to protect Matthew. Nevertheless, the fact remains that the Legislature has imposed restrictions on the act that exempt school districts from liability. See Whitney, 373 Mass. at 210 (“on the subject of sovereign immunity . . . barring any possible constitutional infirmities, the Legislature will have the final word”).”

— Cormier, et al. v. City of Lynn, et al

To read the full case opinion please use this link: https://www.mass.gov/files/documents/2018/02/27/12323.pdf

If your child is experiencing difficulties with bullies, please contact Attorney Curran to see how we may be able to help you:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com