YAF Board and Staff support Marathon Coalition runners with water stops one month before the big race!
Happy Monday! We are exactly FOUR WEEKS from #MarathonMonday when our 3 amazing #TeamYAF marathon runners, Becca Keddy, Cal Perez and Jake Krupp, will be running 26.2 miles from Hopkinton to Boston in support of our mission to shut down the school-to-prison pipeline!
If you'd like to support our runners' fundraising efforts, please visit https://www.givengain.com/cc/yaf2024/ and scroll down to choose from our list of fundraisers to support.
This past weekend, YAF board members along with YAF/EdLaw staff supported the Marathon Coalition by manning two water stops for the runners' "short" 13 mile training run! Thank you to EdLaw Attorney, Tim Sindelar, YAF Board Members, Edith Bazile and Theresa Flaherty, YAF Staff, Jackie Buchwald and Michele Scavongelli, and gracious volunteer, Ben Buchwald, for manning the water stops.
Before the run, YAF Executive Director, Michele Scavongelli, shared a bit about YAF and EdLaw with all the charity runners, and then we heard another inspiring talk from Boston Marathon Race Director, Dave McGillivray, who has raised hundreds of millions of dollars for charity throughout his running career, and is running the Boston marathon for the 52nd time next month (with his daughter for her first!)!
The Marathon Coalition and Coach Rick Muhr support a collection of education- and health-based charity running teams prepare for the Boston Marathon, including our TeamYAF runners.
EdLaw Senior Attorney, Tim Sindelar, Weighs in on Abhorent School Restraint of a 3 year old
Recent incident at a Boston school sparks concern about student restraint policies. A 3-year-old student with disabilities was restrained with nylon straps and duct tape, contrary to state regulations allowing only physical restraint by school staff to prevent imminent harm. Last school year, there were 29,215 instances of student restraint in Massachusetts, resulting in 939 injuries. Advocates urge better monitoring and training compliance. Tim Sindelar, senior attorney at the EdLaw Project, emphasizes that such restraint methods are prohibited by current state regulations. Investigations are ongoing, highlighting the need for stricter regulations and improved support for students with disabilities.
Please read the full article at: https://www.bostonglobe.com/2024/03/07/metro/bps-condon-school-3-year-old-restraint/
YAF and EdLaw Contribute to Article Urging for Support over Punishment in Brockton School Issues
Youth Advocacy Foundation (YAF) CEO, Marlies Spanjaard, and EdLaw senior attorney, Elizabeth Levitan, along with Michaela Lauture from the Brockton Education Justice Alliance and Leon Smith from the Citizens for Juvenile Justice released an article in the Boston Globe yesterday discussing the need for genuine dialogue about school safety in Brockton, highlighting recent misrepresentations and scapegoating of students by school officials. The $14 million district shortfall has led to teacher layoffs and unfilled positions, creating challenges for students.
Blaming students for systemic failures could exacerbate issues and push more students into the school-to-prison pipeline. The focus should be on support rather than punishment, with an emphasis on trauma-informed approaches and community involvement. The article calls for the implementation of models to address mental health needs and conflict resolution, stressing the importance of student voices in creating safe and supportive environments. Embracing developmentally appropriate approaches and adequate funding is essential for the well-being and success of students in Brockton and across Massachusetts.
To read the full article, please visit: https://www.bostonglobe.com/2024/03/07/opinion/brockton-high-school-students-violence-support/
Significant Changes to Grant of Conditional Liberty!
Effective December 1st, the Department of Youth Services (DYS) has implemented significant changes to the GCL (Grant of Conditional Liberty) for committed youth. Every youth will now have a new GCL that excludes the "attend school regularly" and substance use conditions. Because suspended students cannot attend school, in practice the "attend school" requirement often means that a suspension is a presumptive violation of a youth’s freedom. This places a youth's liberty in the hands of the schools and many schools and districts across Massachusetts disproportionately suspend and expel students of color.
This positive change was made possible through the dedicated efforts of the YDDR (Youth Defenders Dismantling Racism) Education Advocacy Subcommittee. Special thanks to the YDDR Education Advocacy Subcommittee: Raquel Calderon, Erica Cushna, Katherine DiVasto, Cris Freitas, Deb Freitas, Taylor Henley, Ami Jackson, Charity Kruzel, Elizabeth Levitan, Tim Sindelar, and Erin Stewart for their impactful work, and gratitude to all those involved in extended DYS representation for providing excellent support to clients.
Through this commitment to advocacy, more stability has been created for our clients and it’s recognized that school can be challenging with discipline meted out inequitably. And now our youth clients' liberty will no longer be threatened by it.
YAF Celebrates Pro Bono Week, October 22-28, 2023
With this week coming to a close, we want to again recognize and thank all of the firms and people volunteering their time to ensure Massachusetts' children and emerging adults are able to receive access to an equitable education.
Please read through these stories below, highlighting the wonderful work they’ve done this year or are currently doing, and join us, one more time, in thanking all of these incredible people for their time and expertise volunteered!
Thank you Annie Lee of Anderson Kreiger for representing a non-verbal client with ASD needing residential placement. Thanks to Annie this student received a residential placement!
Thank you TJ Roskelley of Anderson Kreiger for fighting for improved transition services and out-of-district placement for a teenager with autism who has made no program in his current high school for years.
Thank you Matt Bowser of Anderson Kreiger for representing an 8-year-old child of color who was handcuffed by police at school after a disability-related outburst. Their team successfully got the child a terrific out-of-district placement that he absolutely loves and where he is excelling.
Thank you Kristen Gagalis of Anderson Kreiger for continuing to represent an autistic client who, thanks to Kristen's advocacy last year, was appropriately placed in a day school that is able to meet her needs. Though the family recently moved, Kristen is working to maintain some school stability for her client with services in the new district.
We'd also like to thank Matt Leno, Derek Roller and Alex Nagorniy of Barnes & Thornburg LLP for representing a 9 year old with learning disabilities who has been denied special education services by his district and as a result has experienced severe anxiety over his inability to keep up in school.
Another big thank you to Matt Leno and Sean Phipps of Barnes & Thornburg LLP for representing a 4th grader who was hospitalized at the time they first met him. They obtained a new placement for their client within the district and now are continuing to build the case for an out-of-district placement.
Thank you Conor O'Sullivan-Pierce of Choate Hall & Stewart LLP for representing a non-verbal third grade student on the autism spectrum. Thanks to Conor the student obtained placement in private therapeutic day school with the services and support this student needs.
Thank you Natalia Smychkovich of Choate Hall & Stewart LLP for the work you did representing a young elementary school student with a hearing disability to obtain an out-of-district placement.
We'd also like to thank Seth Mennillo and Silvia Faria of Choate Hall & Stewart LLP for representing an 11 year old with emotional and learning disabilities to get the support he needs on all fronts from his school district.
Thank you John Calhoun, Andrew Norkiewicz, and Meg Ziegler of Choate Hall & Stewart LLP for helping a 5 year old on the autism spectrum receive an out-of-district placement at a school that is perfect for him.
We'd also like to continue to thank Patrick Archambault from Choate Hall & Stewart LLP, working with Alexandra ('Lexie”) Reynolds of Proskauer for providing ongoing support to a client attending an out-of-district placement
Thank you again to Lexie Reynolds from Proskauer! In addition to the pro bono work with Patrick Archambault mentioned above, she is helping to secure a language-based reading program for a 7th grade student who is currently reading at a 2nd grade level.
Thank you Jasmine Brown, Susanna Chi and John Shope of Foley Hoag LLP for representing twin five year old boys with physical and occupational therapy needs. The school has refused services and the legal team is in the process of obtaining independent evaluations.
We'd also like to thank Marissa Delinks of Hinshaw & Culbertson LLP for helping a 16 year old student on the autism spectrum with intellectual challenges to find him a program that will help with life skills and transition to adulthood.
Thank you Leon Peschel of Goodwin Procter LLP for helping a young student with autism receive much more individualized support than they were originally getting in school. Leon is continuing to work on getting more ABA services for this client as well.
We want to thank the amazing team of Gregg Katz and Gaebriella DeLisle from Goodwin Procter for their representation of three pro bono clients, one of whom is a 4th grade student who is struggling both academically and emotionally. Gabriella and Gregg are working with an independent evaluator to understand the child's learning profile in order to advocate for the appropriate services. They're also representing an 11 yo with complex medical and social/emotional needs who has been isolated and disciplined repeatedly by his school for behavior that is related to his disability. Recently the school agreed to place the student in an appropriate out-of-district program. They also have a case in progress for a 3rd grade student in need of a language based program.
We'd also like to thank Ivanka Canzius, Daniela Sanchez and Gregg Katz of Goodwin Procter for their pro bono representation of an 18 year old student with emotional disabilities who needs enhanced therapeutic support. Just this week the team secured a therapeutic placement for the student and are now working with the district to update the IEP.
Another thank you to Gregg Katz and Laura Wood from Goodwin Procter for representing a high school student in need of a therapeutic day program. They have just accepted an extended evaluation.
Thank you to Lisa Stephanian Burton and Laurielle Howe from Ogletree Deakins Nash Smoak & Stewart PC for their pro bono representation of a middle school student with multiple suicide attempts. Thanks to Lisa and Laurielle, their client has obtained a therapeutic day school placement.
We'd also like to thank Brandon Arber of Shook Hardy & Bacon LLP for his pro bono work with a 9 yr old client who was in a school district that was unable to support him and repeatedly sent him home from school, despite being on an Individualized Education Plan (IEP). Brandon helped him in locating an appropriate program with the academics and emotional supports he needs.
Thank you Alex Roggio, Kristina Cary and Miriam Dormer of Kirkland & Ellis for completing representation of a 14 year old student on the autism spectrum who has been a victim of serious bullying and needed a safe school with appropriate supports. They also helped the family through a year-long school search process.
We want to thank Avery Borreliz, Lauren Hadiaris and Priyanka Krishnamurthy of Latham & Watkins for representing a bright 7 yo on the autism spectrum being bullied and receiving no services from school.
We'd also like to thank Brian Wolgast, Cory Lewis, and Lauren Hadiaris of Latham & Watkins for their pro bono representation of a five year old on the autism spectrum, who received significant early intervention services, but was denied special education by the school district. This team successfully argued for special education eligibility which brought with it appropriate services in school for this client.
Thank you to Christopher Lloyd and Samuel Townsend of Latham & Watkins for continuing this firm's long-term representation of a 13 year old student by helping with his transition from a residential program to a day school.
Thanks to Lacy Giesecke and Lauren Hadiaris of Latham & Watkins for representing a 12 year old student not making progress in reading as a result of insufficient services in school. With their help, this student obtained a place in an intensive summer program during which his reading level went up two grades.
We'd like to thank Kelly Crosby and Janet Nolan of Liberty Mutual Insurance for their pro bono work representing a 16 year old ELL student with neurological, physical and intellectual disabilities. This student recently moved districts and his complicated profile has made the transition difficult. The legal team is working to make sure the new district can adequately support the family.
Thank you Nicola Sullivan, Stephen Miklus, and Wayne George of Morgan Lewis for representing a 12 year old with autism who is placed at an out-of-district program and needs a more inclusive placement in his home school district to support his anxiety and give him a chance to learn alongside neurotypical peers.
A big thanks to YAF's 2022 Pro Bono Attorney of the Year, Laura Lerner, of Morgan Lewis for taking on three pro bono cases this year. She helped a 16 year old student with dyslexia move back into mainstream high school, an 11 year old student with autism secure appropriate placement, and a 14 year old student with autism and dyslexia find an appropriate program with opportunities for inclusion.
We'd also like to thank Stephanie Faraci of Morgan Lewis for her pro bono work on two cases this year. She represents a 9 year old student on the autism spectrum who was injured at her public school program. She has secured an out-of-district placement for this student. She is also representing a 15 year old student with dyslexia attending a vocational school.
US Department of Education Investigates MA DESE State Complaint Process
Those involved in systemic advocacy efforts here in MA, have long believed the state to be out of compliance with the IDEA's state complaint process and have sought the Office of Special Education Programs' (OSEP) of the U.S. Department of Education assistance in investigating and remedying the situation.
In 2019-2020, The EdLaw Project was a client of Northeastern University School of Law's (NUSL's) Legal Skills in Social Context (LSSC) program. The project for the NUSL students was to do an in-depth analysis of many state department of elementary and secondary education (MA DESE) complaints. The Special Needs Advocacy Network (SPAN) was also a NUSL LSSC client in 2020-21 to continue the analysis of the complaint decisions. As a result, two letters raising concerns about the state complaint process were sent to OSEP.
We just learned that US DOE is investigating the MA DESE state complaint process in the following areas:
Oversight of private out-of-district day and residential schools
PRS process – time and substance – more than just procedural.
Child Find MA DESE has 60 days to respond.
You can read the letter from OSEP to MA DESE at the button below.
We maintain optimism that OSEP will identify deficiencies and mandate significant alterations to promote educational equity and justice.
Bill Cummings Has Made His Mark on Greater Boston Philanthropy - Boston Globe Article
Real estate developer, Bill Cummings and his foundation have been making significant philanthropic contributions to local charities, including the Youth Advocacy Foundation, in Massachusetts. Cummings and his wife have been committed to giving away their wealth and encouraging other affluent individuals to be more visible with their philanthropy. Their foundation has granted $102 million in the past year supporting various community-focused nonprofits and educational institutions.
YAF is honored and extremely thankful to the Cummings' Foundation for the 10 year grant they've generously awarded us so we can help MA families receive better educational outcomes for their children and in doing so, help build safe and healthy communities for children to learn and thrive in Massachusetts!
To read more about the Cummings Foundation's incredible contributions and Bill Cummings, philanthropic efforts read the full Boston Globe article by clicking HERE.
YAF Celebrates the 60th Anniversary of Gideon vs. Wainwright
“Today, March 18th, we celebrate the 60th Anniversary of the landmark Supreme Court decision in Gideon v. Wainwright and acknowledge and celebrate the work of everyone who works in public defense in Massachusetts and our efforts towards a more just and equitable legal system for our clients.
Justice Black in the decision wrote “The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.” All who represent our clients take this charge seriously – whether an attorney, a social worker, administrative professional, an investigator, or a member of the operations team that makes sure we have the tools to do our job for our clients.”
- Anthony Benedetti, Chief Counsel Committee for Public Counsel Services
Please read the following article to learn more about CPCS and the extent of the work that we do.
EdLaw Attorneys attended and Presented the 2023 COPAA (Council of Parents Advocates and Attorneys, Inc.) Conference
From March 2nd through March 5th, EdLaw attorneys attended the 2023 COPAA (Council of Parents Advocates and Attorneys, Inc.) Conference at which they networked with other education law attorneys from across the country, attended many educational sessions on current topics, and were the presenters at a number of sessions.
The Council of Parent Attorneys and Advocates, Inc. (COPAA) is an independent, nonprofit, §501(c)(3) tax-exempt organization of attorneys, advocates, parents and related professionals. There are 7 million children with disabilities in America1. COPAA's 3100 members work to protect the legal and civil rights of and secure excellence in education on behalf of tens of thousands of students with disabilities and their families each year at the national, state and local levels.
EdLaw attorneys are frequent presenters at COPAA's annual conferences. This year their presentations included:
Tim Sindelar and James Baron (a private attorney on CAFL's bar advocate panel and a SEAM mentor) led a pre-conference session on March 2nd entitled: "The Ins and Outs of Ethics - Staying IN Business While Staying OUT of Trouble."
On March 4th, Michele Scavongelli and Tim Sindelar led a breakout session entitled "Representing Students with a Disability on Title IX Issues under the New Regulations."
On March 5th, Marlies Spanjaard and Elizabeth McIntyre led a breakout session entitled "Removing Barriers to a Vocational Education: Supporting Students with Disabilities Who Wish to Attend Vocational High Schools."
And finally, also on March 5th, Michele Scavongelli & Tim Sindelar gave a presentation entitled "When You're Happy and You Know It: The Ins and Outs of Stay Put."
By staying involved with colleagues across the country and an organization that is actively involved in promoting national legislation to support the rights of disabled students and submitting amicus briefs in key special education court cases, EdLaw is continuing our mission to end the school-to-prison pipeline through our work in Massachusetts and our work at a national level.
EdLaw Project Launches Statewide Mentorship Program
New grant-funded initiative will help shut down the school-to-prison pipeline
The EdLaw Project, an initiative between the Youth Advocacy Foundation and the Committee for Public Counsel Services, is pleased to announce the launch of the Special Education Advocacy Mentorship (SEAM) program, a statewide initiative designed to disrupt the school-to-prison pipeline in Massachusetts by ensuring our state’s most vulnerable children receive a quality education through zealous legal advocacy. CPCS was awarded a three-year grant in 2022 from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to launch and manage the SEAM.
Currently, a small team of EdLaw Project attorneys are charged with supporting the 1,000-person statewide juvenile bar, including training and advising attorneys on how to prevent school exclusions, securing needed special education services for their child/adolescent clients, and ensuring school stability for homeless kids and children in foster care. The SEAM program will help the Youth Advocacy Foundation (YAF) deepen and sustain the reach of its mission so that all 20,000-25,000 children in the Massachusetts child welfare and juvenile justice systems have access to effective education advocacy.
“This is a game-changer for our ability to deliver education advocacy expertise and support, and we are incredibly grateful to the foundations and OJJDP for partnering with us to understand our mission and how to best ensure its success,” said Marlies Spanjaard, EdLaw’s Director of Education Advocacy and President & CEO of the YAF Board of Directors. “The SEAM program will create a small army of education experts located across the state, practicing in the courtrooms where the juvenile bar is representing clients. These mentors will have access to the EdLaw attorneys who are organized regionally to provide advice and expertise across the entire state.”
In the first phase of the launch of SEAM, EdLaw has selected an experienced panel of 27 special education advocacy mentors from 11 Counties and 17 juvenile courthouses across the state. These mentors will be responsible for educating and supporting local delinquency and child welfare attorneys to include education advocacy in conjunction with their court representation. The launch of this program follows perfectly on the heels of the strategic planning grant provided by the Cabot Family Charitable Trust in the first half of 2019 and a generous grant from the Chirag Foundation in early 2020 that allowed us to develop the program parameters, materials, and structure.
The SEAM panel will be overseen by SEAM & Pro Bono Panel Director, Michele Scavongelli, an attorney for the past 10 years with the EdLaw Project. If you are interested in being connected to a mentor or serving as a mentor, please contact Michele at mscavongelli@publiccounsel.net. Please note, the EdLaw helpline is also available for questions and consultation at 617 910 5829 and edlawproject@publiccounsel.net.
About EdLaw
The EdLaw Project is an initiative between the Youth Advocacy Foundation and the Committee for Public Counsel Services Children & Family and Youth Advocacy Divisions of the Committee for Public Counsel Services focused on combating the school-to-prison pipeline for indigent, court-involved youth through trainings for juvenile justice and child welfare attorneys; technical assistance for youth, parents, community organizations; and direct education advocacy.
About YAF
The Youth Advocacy Foundation was established in 2001 with the mission of protecting and advancing the legal and human rights of children to promote their healthy development through active partnerships with local communities. The Foundation vigorously defends the rights and promotes the well-being of court-involved children and helps them grow into healthy and productive members of our society by ensuring that every child has access to zealous legal representation, essential and vibrant community-based services, and a quality education.