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

WHEN IS IT A GOOD TIME TO START YOUR ESTATE PLANNING?

There is no guarantee from one day to another. Things happen that we do not expect and/or did not plan for.  No one can predict where they will be financially, medically, and/or socially in two years or two months.   

So, when is the right time to start your estate planning? As soon as you can. Why? The documents that make up your estate plan must be done while you are alive and have the legal capacity to execute them. If you are incapacitated for any reason and do not have any valid estate planning documents; your decisions will be made either by your next or kin or in some situations by a person selected by a Court.

What should be in your estate plan?

Most estate plans include a Health Care Proxy – this allows another person to make your health care and end of life decisions if you are unable to do so for yourself. Some people have very strong feelings and beliefs about being kept alive by a machine when there is no hope for them to return to their ‘normal’ life.

Most estate plans include a Power of Attorney – this allows another person to step in your shoes and handle your financial matters while you are incapacitated. They would be able to pay the mortgage payments, the light bills and school expenses so there is no interruption, which could cause more headaches for you and your family.

Most estate plans include a Last Will and Testament – this document goes into effect after your death. This allows you and not the state to decide who gets what and how much. This document makes sure that your wishes are fulfilled and that you are able to ‘take care of’ your loved ones when you are no longer present to do so. In this document you can also name people you want to take care of your minor children. You are also able to make sure that specific people do not benefit from your death if you so wish.

It is never too early to start thinking about an Estate Plan. Anyone over the age of eighteen (18) years of age who has the legal capacity to enter into a contract should consider having an estate plan.

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

E.M. Curran Legal LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

FIVE THINGS TO KNOW ABOUT STUDENT RECORDS

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What is a student record? Who can access it? What can people see when they look in the student record?  Here are five fast facts to know about student records in Massachusetts.

 

1ST

Any student who is 14 or older has a right to look at any and all of their student records within ten days a request and before any IEP meeting or due process hearing.  Yes, they can do this even without their parent’s permission per the law.

 2nd

Any information in your child’s student record that is personally identifiable must be kept confidential and may only be disclosed to anyone other than teachers and educational officials with your consent.

 3rd

What makes up a student record? It consists of your student’s transcript and temporary school record and includes health records, tests, evaluations, discipline records and other records pertaining to your student’s special education eligibility or program.

 4th

The school district can charge a reasonable fee to reproduce a child’s student record. You may not be charged for costs associated with the search for and retrieval of your student’s records.

 5th

The school district can only limit access to the student record if it has received a legal document such as a restraining order or a divorce or custody decree that restricts access to information about the student’s education. 

 All of the rights associated with the student record are contained in the Massachusetts Student Record Regulations 603 CMR 23.00. Those regulations can be found at link.

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

DO VOLUNTARY ADMISSIONS REALLY EXIST?

A true ‘voluntary’ admission means that you are free to leave a facility upon your request with no limitations or restrictions. These types of admissions do exist but they are far and few.

The majority of voluntary admissions are conditional.  Most people who have signed themselves into a facility have done so by signing an application called a “CONDITIONAL” Voluntary Admission.   In order for a facility to accept a patient’s Conditional Voluntary application the patient needs to meet some criteria. These criteria include the following:

• Patient understands they are at the facility for the treatment of a mental illness;

• Patient understands that the facility gets to decide if they can have off-site privileges. The facility may also limit the time, frequency and with whom the patient may enjoy these privileges; and

• Patient understands that if they want to be discharged from the facility, they need to provide the hospital with a written “Three-Day Notice” of their intent to be discharged. This is three BUSINESS days not just three consecutive days. The hospital can either agree to this discharge OR they can petition the court to commit the person for up to six (6) months.

By signing this form, you are telling the facility that you are agreeing to stay at the facility, that you are willing to work with the facility and that you will stay until the facility and you (the patient) agree you are ready to be discharged. IF the facility rejects your offer of converting to a conditional voluntary, they must state a reason for rejecting your application.

Have questions or concerns about mental health litigation? 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

YOU FILED A CRA. WHAT HAPPENS IN COURT NOW?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old. There are five types of CRA but below are the four most commonly filed:  

1.       Runaway: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly runs away from the home of a parent, legal guardian or custodian having custody of the child.”  

2.       Stubborn: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly refuses to obey the lawful and reasonable commands of said parent or guardian resulting in said parent’s or guardian’s inability to care for and protect said child…”

3.       Truant: Child 6 to 16: A child between the ages of 6 and 18 who “is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter…” 

4.       School Offender: Child 6 to 16:  “A school district may initiate an application for assistance in said court stating that said child is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter or repeatedly fails to obey the lawful and reasonable regulations of the child's school.”

If after a preliminary hearing the Court decides the child requires assistance, the case will be scheduled for future court hearings. Below is an overview of the most frequently used types of hearings in a CRA case:

What happens at a Fact-Finding Hearing?

At the Fact-Finding Hearing, each party has a right to be heard and has the right to have a trial in front of a different judge who conducted the preliminary hearing. [Although this requirement is stated in the statute, this does not always happen. You could have the same judge from the initial filing to the disposition.]  The applicant, whether it be a parent or a school official, who filed the application must present evidence that shows to the judge, beyond a reasonable doubt, that the child requires assistance. If the judge finds that the child requires assistance, the court will schedule a case conference and disposition hearing.

What happens at a case conference?

The case conference allows the parties and any third-party collaterals (i.e. probation officer, representative from child’s school, clinicians, Department of Children and Families (DCF) if involved with the family, etc.) to collaborate and agree on plan for the child. The parties should be cautioned to only agree to tasks that they will follow through with. If a party agrees to do a task at the case conference that they have no intention of following through with, when the court gets a report on the progress of the plan it will be reported as a failure.

What happens at disposition?

At disposition the judge will order the child: to remain at home (and may impose conditions for the child to stay at home); into the custody of a relative or other appropriate adult; or into the custody of DCF (and may also order that DCF place the child out of the home).

Once the court places the child in DCF custody, DCF decides where to place the child. The disposition is first reviewed by the court after 120 days. At that review (or between reviews), the case can be dismissed, the court can change the custody order or conditions, or the case can continue with the same orders in place. There are three more reviews that happen after the first every 90 days.

Have questions or concerns about your child? 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

NEW NAME SAME FIRM

There are far, far better things ahead than any we leave behind. C.S.Lewis

Happy Holidays from all of us at E.M. Curran & Associates LLC

May your Holidays be filled with joy and good cheer and

the New Year bring you peace and happiness.

5 REASONS WHY YOU SHOULD HAVE A LAST WILL & TESTAMENT

A valid will can fulfill several purposes. A will directs the distribution of the signer's probate estate after the signer's death. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.  

So why do YOU need a will? 

First Reason….

YOU decide how your estate will be distributed.  A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any family fights about your estate that may arise, and also determines the “who, what, and when” of your estate.

Most people do not realize they can disinherit individuals out of their will. Yes, you may wish to disinherit individuals who may otherwise inherit your estate if you die without a will. Because wills specifically outline how you would like your estate distributed, absent a will your estate may end up on the wrong hands or in the hands of someone you did not intend (such as an ex-spouse with whom you had a bitter divorce).

Second Reason…

YOU decide who will take care of your minor children. No one knows their children better than a parent. A will allows you to make an informed decision about who should take care of your minor children. If you die without having a properly execute will, the court will take it upon itself to choose among family members or a state-appointed guardian. Having a will allows you to appoint the person you want to raise your children or, better, make sure it is not someone you do not want to raise your children.

If you have teen-aged children, it might be in their best interest to ask them who they would want to live with in case of your death. You do not want to send your child to live with someone that they do not like for whatever reason. Having their input, gives them a sense of control and peace of mind. This suggestion is not appropriate for all children, so proceed only after you have considered your individualized child’s social/emotional needs

Third Reason…

YOU can decide to support one or more charities. Many of us feel good supporting various charities. You can make donations to charities of your choice in any amount you choose in your will. It is important to some people how the charity uses their donation. You can sometimes limit how your donation is allocated. For example, you can direct that your donation be used to support scholarships or other specific functions of the charity. Be warned that you should also include a statement that if your stated purpose no longer exists, the charity may still receive the money and use it for the accomplishment of its general purpose. You want to support the charity without tying their hands too much.

Fourth Reason…

YOU can ease your loved one’s grieving process. If you die without a will, you are considered to have died intestate. This means that your family needs to go to Court and have the Court help them figure out how to divide your assets equitably in accordance with the then existing state laws. Your assets might not go to whom you would expect or want. Since your family may find it difficult to cope with the grieving process during this time, don’t complicate their lives with messy legal and financial matters.

Fifth Reason…

Because tomorrow is not promised. Procrastination and the unwillingness to accept death as part of life are common reasons for not having a will. Sometimes the realization that wills are necessary comes too late – such as when an unexpected death or disability occurs. To avoid the added stress on families during an already emotional time, it may be wise to meet with an estate planning lawyer to help you draw up a basic estate plan at the minimum, before it’s too late.

Have questions or concerns about your estate planning? 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

Happy Thanksgiving from all of us at E.M. Curran & Associates LLC

At Thanksgiving more than ever, our thoughts turn gratefully to those who have made our progress possible. And in this spirit we say, simply but sincerely -

Thank You and Best Wishes for a Happy Thanksgiving!

WHAT IS A CHILD REQUIRING ASSISTANCE (CRA) CLAIM?

What is a CRA?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old.

There are five types of Child Requiring Assistance that can be filed with the Juvenile Court:

1.      “Runaway” - repeatedly runs away from home of the parent, legal guardian or custodian;

 2.      “Stubborn Child” – repeatedly fails to obey the lawful and reasonable rules of a parent, which interferes with the parent/guardian/custodian’s ability to adequately care for and protect the child;

 3.      “School Offender” – repeatedly fails to obey lawful and reasonable school regulations;

 4.      “Truant” – willfully fails to attend school for more than 8 school days in a quarter; and

 5.      “Sexually exploited” -- and has been subjected to sexual exploitation.

Who may file a CRA?

A parent, legal guardian or custodian may file a CRA petition on their child who is at least 6 but not yet 18 is a runaway or truant.

The parent or police may file a CRA petition on a child who is at least 6 but not yet 18 who is a sexually exploited child.

A school district may file a CRA petition on a child who is at least 6 but not yet 16 who is a school offender or truant.

What happens on the first court date?

Once the appropriate person files the CRA with the juvenile court, the court will assign a date for a preliminary hearing. The child and their parent(s) will be assigned an attorney through the appropriate state agency. Ideally the parties will meet with their attorney before the hearing date but sometimes this doesn’t happen and the initial meeting will on the same day as the hearing. Almost every CRA will be assigned to a probation officer and a Department of Children and Families (DCF) social worker.  

At the preliminary hearing, the court will hear from each party. After each party has had an opportunity to say their piece, the judge will dismiss the petition, order informal assistance, or schedule a “fact finding” hearing. At this hearing, the court may grant temporary to DCF.

What happens if a child does not go to the hearing or runs away?

If a child fails to come to court or runs away, the court may issue a warrant of protective custody. The warrant does not go into the police computer system. Police should bring the child to court if the child is found. If the police find the child outside of court business hours, the police should take the child home or to a shelter (if one exists). A child may not be handcuffed, taken to the police station, placed in a court lockup facility, or placed in DYS if the police pick him/her up on a warrant of protective custody.

Have questions or concerns about your child? 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

Five Basic Rights and Principles of Special Education in Massachusetts

There are many basic rights and principles of Special Education. We are going to highlight and share just five of them in this post…

First – Referral

In Massachusetts, almost anyone can refer a student for initial evaluation. It can be a family member, a teacher, a doctor, etc. The request must be in writing and delivered to the school principal and/or the director of special education. 

Practice tip: Hand deliver this request. Bring an extra copy of the request and have the secretary date/time stamp it for your records.  Why? There are a lot of timelines in special education.

Second – Consent

Even though you have requested that the student be evaluated, the school will often send you ‘their’ form for you to execute. This consent form should be sent to the parent/guardian within five (5) school days of the school receiving your referral request.

Practice tip: You can agree to all or a few of the proposed evaluations. You may also ask for additional evaluations. You should make sure you make a copy of this executed consent form for your records.

Third – Evaluations

The school is obligated to have a qualified person complete all the testing within thirty (30) school days after they received the signed consent form. Parents/Guardians should review any and all evaluation reports that they are given before the Team meeting so that they can be informed and contribute meaningfully.

Practice tip: Request, in writing, that all evaluation reports be given to you at least 48 hours before the Team meeting. If you can, schedule the meeting for a Monday or a Tuesday so you also get the added benefit of the weekend.

Practice tip: Immediately scan all the evaluation reports you are given and keep these copies for your records. This way you will always have a ‘clean’ copy if it is needed and you can write on/highlight/etc. the copy you bring to the Team meeting.  

Fourth – Team Meeting

The Team Meeting should occur within forty-five (45) school days after the school receives the Consent form. The meeting should be scheduled at a mutually agreeable date/time for both the parents/guardians and the school. Unless the parents excuse a Team Member, every team member must attend the Team Meeting.  

Practice tip: Who is on the Team? The Parents/Guardians, School District Representative, General Education Teacher, Special Education Teacher, any collaterals that will provide related services, the student once they turn 14 years old, and anyone else that may be necessary.

Fifth – Accepting/Rejecting the IEP

At the Team Meeting, the evaluations and recommendations will be discussed. The parent/guardian is a vital part of this Meeting – you know the student best. You will have 30 days to accept the IEP or to accept in part/reject in part the IEP. All portions of the IEP that are accepted must be implemented immediately.

Practice tip: Never reject an IEP in full. Always find something that you agree with. If you reject an IEP in full than you are stating that the student does not need special education support and/or services.

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 

5 REASONS WHY YOU SHOULD HAVE A DURABLE POWER OF ATTORNEY

A Durable Power of Attorney is a document in which you appoint an “Attorney-in-Fact also sometimes called an agent” to do anything on your behalf that you, the “principal” could do for yourself. The Attorney-in-Fact, in effect, stands in your shoes and acts for you on financial, business and other matters.

First Reason….

We cannot predict the future, we do not know what crisis might come our way that might cause us to be temporarily incapacitated.  By having a properly executed Durable Power of Attorney in your well-thought-out estate plan, your Attorney-in-Fact can step in handle your matters on your behalf so there is little interruption and/or impact on your financial and business matters during this period.

Second Reason…

You control who steps in to make the decisions on your behalf during your period of incapacity instead of a court. Your Attorney-in-Fact can be any competent adult that you trust. If you do not have a properly executed Durable Power of Attorney, your family will need to go to the local Probate Court and ask the Court to appointed whomever the Court thinks is appropriate to “step into” your shoes. The Court’s choice may not be your choice.

Third Reason…

Conversations about one’s death are hard to have with loved ones. It is important that you have an open and honest conversation with your loved ones so that they are clear on what your wishes and desires are in general. If you do not have this conversation with them, they cannot do their best by you as they will be guessing.

Sit with your Attorney-in-Fact and explain what the document does and why you think they are the best person for this role.  A Power of Attorney normally, takes effect as soon as the principal signs it. Most people do not intend that their Durable Power of Attorney be used until they are incapacitated. The principal should discuss this with their Attorney-in-Fact so that both parties are clear on what the principal’s wishes are so that they can be carried out without delay or question. 

Fourth Reason…

Just because you appoint someone as your Attorney-in-Fact, does not give them the authority to do whatever they want with your affairs. Giving someone a Power of Attorney does not limit your rights in any way. It simply gives the other person the Power to act when you cannot.

Your Attorney-in-Fact would be your fiduciary. A fiduciary is a person who is held to a high standard of good faith, fair dealing and undivided loyalty to the principal. The Attorney-in-Fact must always act in the principal’s best interest. The Attorney-in-Fact should keep complete records of what they do in case there are any questions of impropriety or bad faith dealing.

A principal may revoke a Power of Attorney at any time. All the principal needs to do is send a letter to his or her Attorney-in-Fact telling the Attorney-in-Fact that their appointment has been revoked. From the moment the Attorney-in-Fact receives the letter, they can no longer act under the Power of Attorney. If want to have proof that this letter was in Fact received by the Attorney-in-Fact, send the letter certified signature required.

Fifth Reason…

Mostly importantly, you are providing yourself and your family members with peace of mind. If you become incapacitated, there is a plan already in place. Your family does not need to rush to court to get authority to perform basic tasks, like paying the mortgage. Knowing this has been taken care of in advance is of great comfort to families.

Have questions or concerns about your estate planning? 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

5 THINGS TO REMEMBER IF YOU ARE EVER “PINK -SLIPPED” OR INVOLUNTARILY ADMITTED

If you are “Pink-Slipped” or Involuntarily Admitted to a facility a lot of things are happening and you need to remember you are still owed some rights.

Here are five things to remember …

FIRST

If the application for your Involuntary Hospitalization is not made by a “designated physician”, the facility MUST conduct a psychiatric examination within TWO HOURS of your arrival at the facility.

*If the designated physician is involved in an emergency this two-hour time line can be extended.

SECOND

This designated physician can only admit you if they find:

a.       Failure to hospitalize you would create a

b.       “likelihood of serious harm” and

c.       That you have a mental illness

THIRD

Upon your admission to the facility, you have the following rights:

a.       Informed of your rights while in the facility;

b.       Informed that the facility can only keep for 3 BUSINESS days maximum, unless they file a petition before the 3 BUSINESS expire to commit you;

c.       A psychiatric and physical examination within 24 hours of your arrival; and

d.       Right to counsel – as soon as you request an attorney the facility needs to notify the appropriate state agency.

FOURTH

You also have the Right to convert your status to a conditional voluntary at any time if you meet the criteria.

By signing this form, the facility considers you to have capacity to make the decision to admit yourself to the facility as a voluntary patient. If you sign this form, you do not have the right to leave the facility whenever you want. As a conditional voluntary patient, you remain on this status, until the hospital decides to discharge you, you ask to leave by filing a "three-day notice," or the hospital decides to pursue commitment.

FIFTH

You also have the Right to an emergency hearing if the facility has abused or misused their authority.  This hearing is mandatory unless the request is “patently frivolous” on its face. You have the right to be present at this hearing and to be heard.

Have questions or concerns about mental health litigation? 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

TRANSPORTATION IN MASSACHUSETTS

Your child is on an IEP but have you thought about any transportation needs?

If your child doe NOT require any special transportation accommodations due to their disability, they will be transported like any other child in the district.  

If your child does require special transportation de to their disability, it needs to be identified and explained in their I.E.P.  Sometimes the child can still receive the “regular transportation” as other students but might have an attendant or their bus might be equipped with a wheelchair lift.

School cancelled due to weather:

Be mindful of snow/weather days. In Massachusetts in the past years, school days have been cancelled due to temperature, snow and wind. Sometimes one district will be open and another may not. If the district that is responsible for transporting your child is closed and the receiving district is open; the transporting district does not have to make arrangements to transport the child to the open district.

But isn’t there a time limit on how long a student can be on a bus?

There is a lot misunderstanding about this time limit. In Massachusetts, the applicable law requires that transportation to a special education placement may not take longer than one hour each way, except with the approval of the team. 

Here is what the law (603 CMR 28.06(8)(a) says as of the writing of this post:

(8) Transportation Services. The term transportation providers shall include the driver of the vehicle and any attendants or aides identified by the Team. The school district shall provide a qualified attendant on each vehicle that transports one or more students in need of special education, when such attendant is recommended by the Team in accordance with 603 CMR 28.05(5)(b).

(a) The district shall not permit any eligible student to be transported in a manner that requires the student to remain in the vehicle for more than one hour each way except with the approval of the Team. The Team shall document such determination on the IEP.

(b) The school district shall give transportation providers clear, written information on the nature of any need or problem that may cause difficulties for a student receiving special transportation along with information on appropriate emergency measures that may be necessary.

(c) The district shall provide an in-service training program for transportation providers. Such training program shall acquaint transportation providers with the needs of the students they are transporting and shall be designed to enable the transportation providers to meet those needs. All transportation providers shall be required to complete such in-service training prior to providing transportation services to eligible students.

(d) The district shall make sufficient inspections of equipment and unannounced spot checks throughout the year to ensure compliance with these requirements, and with all applicable state and federal safety and equipment laws, including M.G.L. c. 90.

This law applies to both in-district and out-of-district placements where the student is placed through their IEP.  If the parents of the student insist on a private placement/school that is located more than one hour away or requires travel on roads/highways that are known for heavy and/or unpredictable traffic times – they cannot later argue that this is in violation of the one-hour.

 Be sure you review the Education Laws and Regulations regarding transportation before your child’s next IEP meeting. Here is the link.

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

Special Education Surrogate Parents (SESPs)

There are many ways that you can support children identified as being “DCF” (Department of Children and Families) involved that is a child who receives supports and/or services from DCF. If you are unsure of who or what DCF is or what they do their website identifies them as a Department that “works in partnership with families and communities to keep children safe from abuse and neglect. In most cases, DCF is able to provide supports and services to keep children safe with parents or family members. When necessary, DCF provides foster care or finds new permanent families for children through kinship, guardianship or adoption.”

There are many ways DCF can become involved in a child’s life.

Here is a quick overview of some of the common types of DCF cases:

Voluntary services and supports – the family is intact and is working with DCF to either manage or correct identified issues/concerns.

Care and Protection (“C&P”) – in these cases DCF has removed the child(ren) from the parent and/or guardian’s care and is now the custodian of the child(ren). This removal could be temporary or could be permanent.

Child Requiring Assistance (“CRA”) – in these cases DCF focuses on the family and provides services to help the child remain with the family and in the community.

Sometimes when a child becomes DCF involved, their parent(s) lose the right to make decisions on their behalf related to education. That’s when a SESP steps in and helps…

What is the SESP Program?

The SESP Program fulfills “the mandates of federal special education laws which require that procedures be in place to protect the special educational rights of all children who may require special education services, including those who are in the care or custody of the Commonwealth of Massachusetts or whose parents are unknown or unavailable, and ensure that the rights of these children to benefit from a free and appropriate public education are protected.”

What is the mission of the SESP program?

The mission of the Special Education Surrogate Parent Program is to promote positive educational outcomes for children and youth in state custody by providing volunteers to represent their best interests in the special education process.

Who is a SESP?

Special Education Surrogate Parents are volunteers who act on behalf of an assigned student who receives Special Education services or needs to be evaluated in order to receive Special Education services.  You do NOT need any special training to be a SESP. You will receive training and support to do this very important work that has a life long affect on a child.

As a SESP you have the same rights and authority of a parent. You ‘step into’ the shoes of the parent to make all education related decisions on behalf of your assigned student until either the parent regains the decision making authority, the child is placed in foster care and the foster parent wants to make the education decisions, the child is no longer in DCF custody or the child turns eighteen.

What are some tasks you may be do for your student?

• Meet with and observe the student at school.

• Review all school records and receive progress reports.

• Sign evaluation consent forms.

• Attend education related meetings for the student and be involved in the planning and discussions regarding their special educational needs.

• Approve an Individualized Education Program (IEP) for the student.

• Monitor student's services, progress and educational placement.

If you want to become involved and help make a difference in the lives of these children, consider applying to be a SESP yourself by clicking here.

Attorney Curran has served as a Special Education Surrogate Parent for many students since 2017.

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

HAPPY INDEPENDENCE DAY!

FIVE REASONS WHY YOU SHOULD HAVE A HEALTH CARE PROXY?

A Health Care Proxy is a simple legal document that allows you to name anyone eighteen and older who you TRUST to be your Health Care Agent. This person will make health care decisions for you if, and only if, you are unable to make or communicate those decisions for yourself.

You may revoke your Health Care Proxy at any time simply by informing your Agent or your health care provider that you want to do so. However, it is always to put this in writing so there is proof that your named Health Care Agent no longer has the authority. You can also cancel your existing Health Care Proxy by executing a new Proxy.

Here are five reasons why you should have a valid Health Care Proxy:

 First Reason….

For some reason, there is a misconception that Health Care Proxies are for the elderly. This is not true. Every adult needs a health care proxy. Anybody can be in a situation where they’re temporarily unable to speak for themselves.

Your Health Care Agent’s authority to make health care decisions begins only after a determination is made that you lack the capacity to make or communicate your health care decisions.  For example, if you are temporarily unconscious, in a coma, or have some other condition so that you cannot make or communicate health care decisions.  This determination must be made in writing by your attending physician. You must be notified, it at all possible, of this determination. No decision of your Agent can go into effect if you object.

Second Reason…

Unfortunately if you do not have a health care proxy, your family may have an argument over who should make decisions and what those decisions should be. Sometimes families are unable to come to an agreement. When an agreement cannot be reached, the family will be forced to go to the Courts for guidance. The Court will most likely appoint either a third party or a member of your family to be your guardian. This guardian will ultimately have the authority to make all medical decisions on your behalf. The person the court picks to be your guardian may not be the person who you want to make your decisions.  

Third Reason…

Pick someone you trust. Pick someone you know will not be swayed by other people’s emotions and wishes but will instead stay true and honor YOUR desires and wishes. Pick a person that you have had an open and direct conversation with about your wishes and desires in various “worst-case” scenarios.

Your Health Care Agent will make decisions for you only after talking with your doctor or health care provider, and after fully considering all the options regarding diagnosis, prognosis, and treatment of your illness or condition.  It is important that you have an open and honest conversation with your Agent regarding your potential wishes and any moral or religious beliefs that may influence any medical decisions that may need to be made. If your Agent does not know what your wishes would be, your Agent would make decisions on what they believe would be in your best interest.

Fourth Reason…

You can state restrictions on what should be done on your behalf. For example you can establish “Do Not Resuscitate” orders (also called DNR orders). DNR orders are written instructions stating you do not want CPR performed on you in the event of an emergency.

A person might want a DNR order for several reasons including they have a terminal illness, after they were resuscitated their quality of life would be greatly impacted and regardless of the efforts made their death is anticipated in the near future due to other medical conditions.

You might also have Religious and/or Moral beliefs that influence your medical decisions and how you live your life. You can state these beliefs and/or restrictions in your health care proxy to provide guidance to both the person making your health care decisions and the medical staff treating you.

Fifth Reason…

Mostly importantly, you are providing yourself and your family members with peace of mind. If you become incapacitated, there is a plan already in place. Knowing this has been taken care of in advance is of great comfort to families.

Have questions or concerns about your Estate Plan? 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

Social and Emotional Learning Guidelines for Massachusetts Schools

Did you know that he Massachusetts Department of Elementary and Secondary Education (or more commonly called DESE) has Guidelines on implementing Social and Emotional Learning in schools in the Commonwealth? Now be cautioned that DESE only has guidelines and they are not frameworks/curriculum which makes them best practices but not mandatory in anyway to implement.

DESE’s goal is to “Promote systems and strategies that foster safe, positive, healthy, culturally-responsive, and inclusive learning environments that address students’ varied needs and improve educational outcomes for all.” This goal is represented in the graphic above, taken directly from DESE’s website.

DESE has developed, using CASEL as a foundation, five core competencies to Social Emotional Learning. They are as follows:

Self-awareness: The ability to accurately recognize one's emotions and thoughts and their influence on behavior. This includes accurately assessing one's strengths and limitations and possessing a well-grounded sense of confidence and optimism.

Self-management: The ability to regulate one's emotions, thoughts, and behaviors effectively in different situations. This includes managing stress, controlling impulses, motivating oneself, and setting and working toward achieving personal and academic goals.

Social awareness: The ability to take the perspective of and empathize with others from diverse backgrounds and cultures, to understand social and ethical norms for behavior, and to recognize family, school, and community resources and supports.

Relationship skills: The ability to establish and maintain healthy and rewarding relationships with diverse individuals and groups. This includes communicating clearly, listening actively, cooperating, resisting inappropriate social pressure, negotiating conflict constructively, and seeking and offering help when needed.

Responsible decision making: The ability to make constructive and respectful choices about personal behavior and social interactions based on consideration of ethical standards, safety concerns, social norms, the realistic evaluation of consequences of various actions, and the well-being of self and others.

But how does this help you and your student who struggles with

social and emotional difficulties?

You could print out the guidelines and use them to help you ask for services and/or supports to help your student.

You could use the guidelines as a guide to writing effective IEP goals and benchmarks.

You can educate your student’s teacher/aides/etc on some other ways they could support your student in accordance with DESE approved strategies.

You could review the guidelines and see if there are strategies you can incorporate into your child’s daily/home schedule.

You can refer to the guidelines to help you if there is a dispute with the school/district about what they can and cannot do (again remember the guidelines are just that and are not mandatory items a district must implement.)

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

SUMMER SUGGESTIONS

Aww the first few days of summer vacation are great! Then you start hearing the repetitive complaints of being bored. Here are some summer suggestions….

Local Zoos and Aquariums

Many local zoos and aquariums have long and short term summer programs/camps.

Zoo New England offers a camp about of their locations (Franklin Park in Boston and Stone Zoo in Stoneham). At both camps. Zoo educators will lead campers through an adventurous week of animal explorations, hands-on activities, animal-related games, and crafts. 

New England Aquarium offers camps for older students. For example, their Harbor Discoveries is an interactive marine and environmental science program that incorporates traditional camp activities. Through exploration of local marine habitats and the Aquarium, and an excitement for ocean conservation, Harbor Discoveries enhances the passion and potential impact that young people can have in and for the ocean.

Local Libraries

Many folks overlook the hidden gems that are their local libraries. Many libraries offer teen hours, story time, STEM activities, activities geared to siblings and/or parent bonding. Some libraries also offer opportunities for older students to work with either younger students or students with special needs.

Check out your local library’s website and/or stop in and ask some questions. IF you don’t see something that is appropriate for your child, ask if they know of an appropriate offering or would they be willing to coordinate something. You will be surprised by how much knowledge these librarians have and are willing to share with those that ask.

Local Recreation Departments

Almost every town/city has a recreation department that offers a wide variety of short-long term offerings. Many towns/cities are also willing to help financially, just ask what your town’s policy is about scholarships. Again if you do not see something that is a ‘right’ fit for your individual child, call and ask if they can accommodate. If they cannot accommodate, don’t be upset. Instead ask them if they know any more appropriate options. Again these folks have a plethora of information and are always willing to share it with interested parties.