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Home My WebLink About2013-04-24 Speical Education Parent Advisory Council MinutesPAC Meeting on 4/24/13 Minutes The mceting took place at the Reading Public High School in the Distance Learning Room Officers in attendance: Michelle Grasso Whitney Crane Nicole O'Neill Melissa Pucci Teresa Teixeira Heather Lee Jennifer Killeen Jodie Vasily-Cioffi Officers not in attendance: Michele Sanphy Kristi O'Malley Elizabeth Bostic There are 14 people in attendance Meeting called to order by Michelle Grasso at 7:10 Alison Ebner, Director of Student Services, begins presentation - See speaking notes Leslie Leslie, MASSPAC Coordinator presents at 8:55 on the roll of PACs and the current laws that geed to be adhered to. Presentations fetish at 9:35 Michelle Grasso calls business meeting to order at 9:35 Request for corrections on the minutes Change 10/2112 by taking out name Michelle Grasso motions to accept minutes from 10/2/12 with changes Teresa Teixeira seconds the motion All are in favor Michelle Grasso motions to accept minutes from 11/13/12 as is Melissa Pucci seconds the motion All are in favor Change 12/5 — change attendance take out 2 lines on last page Michelle Grasso motions to accept minutes from 12/5/12 with changes Teresa Teixeira seconds the motion All are in favor Michelle Grasso motions to accept minutes from 2/13/13 as is Teresa Teixeira seconds the motion All are in favor Michelle Grasso motions to accept minutes from 3/20 /13 as is Teresa Tdixeha seconds the motion All are in favor 4/3/13 Add location of town hall Berger room After minutes and resubmit for approval at next business meeting Michelle Grasso brings three items before the membership which need to be voted on at the next business meeting: 1. Membership needs to vote on the length of officers' as the current bylaws do not specify term length 2. Membership needs to vote on the proposed amendment to move officer elections to October 3. Membership needs to vote on the proposed amendment to change the number of officers required for a quorum to do business to five. Michelle Grasso moves to adjourn the meeting Teresa Teixeira seconds the motion Meeting adjourned at 10:05. Minutes are not verbatim Minutes were taken by Whitney Crane, secretary. Y/a y/ /3 Questions for Director of Student Services 1. What are some of the strengths of Student Services? I know many people who move to Reading because of the reputation of the schools district and the services Reading provides to children with special needs in comparison to many other communities. The variety of programming that allows for the full -range of programs from full inclusion to in- district programming so that students can remain in the LRE in their home district. Many other districts have to send their students to collaboratives or other public schools because they do not have appropriate programming. We actually tuition some of these students into our programs here in Reading. 2. How are the special education and regular education teachers working together? In addition to co- teaching partnerships, general ed and special ed teachers work together on grade level teams at the elementary level, as members of the middle school team structure, and in content teams at the high school. RISE preschool teachers (who are all dual certified) work with the Kindergarten teachers through out the year and will be participating in the Kindergarten screening this year. 3. Do you envision the relationship between regular education and special education growing stronger in the next 5 years? If so, in what ways? As a district, we are looking at ways to increase common planning time (when teachers from a grade level or within a department meet and work together) across the district, which will be more opportunities for collaboration. This could mean adding additional specialty blocks or possibly looking at flex scheduling, we are exploring a number of options and no decisions have been made, this is still in the exploratory process. I would love to see us expand the co- teaching models across the district so we can support more students in their neighborhood schools. 4. Do you think the neighborhood schools are able to support children with special needs that do not fit the profile for one of Reading's programs or if the family really is really advocating for inclusion at the neighborhood school. I know there are some wonderful examples presently. Is this something being discussed or a goal of the districts? We need to keep in mind that the mandate of IDEA is the least restrictive eavirooment. When we look at each student individually, a 1:1 para may be more restrictive than a placement in an inclusive program in another school or if a student requires so many pull -out supports they spend more time out of class than in class, a program may be less restrictive. These are all things that must be considered. However, as stated above, I would like to see an expansion of co- teaching models across the district. 5. How can the Reading Parent Advisory Council best support families and the district in strengthening the communication between both and acting in an advisory capacity to the Director of Student Services and the school committee? I think the role of the PAC is to act as an advisory liaison to the Director of Student Services and the School Committee to make sure that the District is aware of issues and concerns of families. Many times the most supportive approach is to help identify whom the most appropriate person is to speak with about a concern. Sometimes this means beginning with the classroom teacher or special education liaison or following up with the building principal or Team Chairperson. 6. What is one of the biggest challenges you encounter in your position? How are you tackling this? What is your biggest challenge as Director of Student Services? Lots of meetings and paperwork! Trying to be responsive to the needs of families, staK and administrators and respond to everyone in timely manner. Ensuring we remain compliant with federal and state regulations while keeping a primary focus on building and developing the capacity of our staff, our programming and services. 7. Should parents contact you or their child's classroom teacher, team, building principal? I know the team is critical to the process. As I stated before, it is sometimes best to start with the wi th most closely, which may be the classroom teacher or person you have been working special education liaison. Particularly if you haven't shared your concern first at the school level, you will most likely be asked to begin there — because that's where I'm going to start! I think it's important for people to understand that I cannot operate outside of the Team process or make unilateral decisions regarding an individual student. So while I am more than happy to meet with anyone to discuss their concerns, it will often be to listen and learn about the issues. I like to be really upfront about that from the start so that people aren't entering the discussion or meeting confused or mislead about the intent of the meeting. 8. What advice do you have for families on how to strengthen their relationship with their child's warn/classroom teacher? I think open communication. Families should not fear retaliation if they bring up a concern or disagree with the Team. However, I do think it's important to remember how you communicate with team members. Assume best intentions and respect the professionalism and training our staff members have. Speak in a matter in which you wish to be spoken. If there is a disagreement, trust the process for resolving disagreements, these happen throughout the Team process and do not have to become personal or result in a damaged working relationship — in fact, in some case I have seen the partnership become stronger when both sides enter into it with mutual respect. Remember the school truly wants what is best for the student, as do you{ we may just disagree about how to go about it. 9. Whv are IEP Team meetings being scheduled when team members have conflict? They are leaving and disrupting the system and leaving unauthorized. While your child is the most important and only child you are concerned with, please keep in mind that teachers at the elementary level work with twenty to thirty other students, seventy or eighty at the middle school level, and upwards of one hundred students at the high school. Often teachers have one planning block a day which may at most be 56 minutes long, but could be only 40 minutes. In order to make sure we serve ALL our students we can not routinely have teachers sit for the duration of meetings which many times run 90 minutes to two hours long. Also keep in mind the difficulty of scheduling 5 or 6 people with different schedules, as well as your own availability. It is a challenge to say the least! 10. What services do the Reading Public Schools have in place to support elementary school aged children whose learning is impacted by trauma? QBS training, re -entry process from lengthy absence or hospitalization, 3 -tiered system of support in academic and non academic areas, Behavioral Health Task Force recommendations and implementation (available on Edline at the Behavioral Health page.) 11. What community supports have the Reading Public Schools identified and used for traumatized children? Riverside Trauma Center and other Community-based Organizations (Eliot, Riverside, Arbor, Family Continuity, System of Care, etc.) The Behavioral Health Coordinator works with the deputy director of the Harvard Trauma and Learning Policy Initiative office and Safe and Supportive Schools Coalition of MA. 12. Do any of the elementary, schools in Reading follow the "Flexible Framework' outlined by the Massachusetts Advocates for Children in Helping Traumatized Children Learn (plan developed for integrating trauma - sensitive routines and individual supports throughout the day) and/or train staff in trauma sensitive educating techniques? The whole district has implemented the behavioral health and public schools frameworks which was developed through guidance of the TLPI and mirrors much of the flexible framework. 13. What programs and services do the Reading Public Schools have in place to support elementary school aged children whose learning is impacted by their own mental illness? 3 -tiered system of supports (much lengthier description in the mtg) 14. What is the district policy /process for Transition Planning? What training is there fm staff on Transition Planning? My experience over three years has been very uneven, this year being worst. We follow the state and federal laws and regulations regarding transition planning for students. This means having students participate in their team meetings when they turn 14, writing and revising thoughtful transition plans, incorporating IEP goals and benchmarks that address post -high school plans, and working with outside agencies to coordinate services when the student graduates or turns age 22. Our team chairs have participated in in- district training regarding transition planning, as well as day -long training and seminars through local collaboratives. 15. What transition services are available when students change school? levels (i.e. elem to middle to high)? How about out of sped entirely? Typically a member of the "receiving" school will attend the Hip mtg or transition meeting to discuss the transition to the next level. Our middle schools host "Welcome to...." weeks in the summer, as well as Moving Up Day /Open House in the Spring, and other "eats at the start of the year. There are also curriculum nights for families going on currently to help with that transition. 16. What type of assessments do the schools perform? Where would a parent find this information? (i.e. List of any and all ?) The assessments are up to the discretion of the evaluator. Typically we conduct at a minimum academic testing (examples may include WIAT or Woodcock) and cognitive testing (examples may include WISC, WASI, etc. depending on level,) however each evaluator may use a battery of other assessments and testing instruments based on the referral question or the results of the initial assessments. The cement for testing would describe the type of testing (academic, psychological, reading, OT, etc) but not the instrument. 17. What is the school policy on parent classroom observation? Where can a parent find it? We do not have a policy on this as policies are voted on and adopted by the School Committee (hut policy was voted on in 2006 and legislation/requirements have since changed.) We welcome visitors, but we also want to ensure that we limit disruptions to teaching and learning. We do have a practice that we will accompany whomever is observing so this may take time to coordinate scheduling and availability of staff. 18. Where would parent get information on our district sped policies regarding parent participation? What are they? I'm not sure I understand the question and again I explain that policy is voted and approved by the School Committee. We do not have a specific policy on "parent participation." 19. How do the District Curriculum Frameworks vary from those of the Massachusetts State requirement? How do they differ for students on an IEP? The District, along with the state of Massachusetts, has adopted the Common Core State Standards (CCSS). The standards do not differ for students with an IEP unless noted in specific modifications in their IEP. 20. What are MCAS and graduation requirements for child on IEP? Unless taking the alternative MCAS assessment, "MCAS Alt," a student with an IEP has to meet the some MCAS requirements for graduation - keep in minds "Ni" or "Needs Improvement" is passing. The graduation requirements are largely the same for a student seeking to receive a Reading diploma, however certain course requirements may be waived (such as a language requirement) based on the recommendations of the Team with approval from the building principal. 21. What services other than PT, OT, Speech, and school counseling are available to kids in school? What is available after school and for home? Any family services? Many community based services (not as part of IEP) such as but not limited to: therapeutic mentoring, wraparound care, intensive care teams, home therapy, home -based behavioral supports, individual therapy, group therapy, family stabilirstion teams, family partners, parent support groups, parent education groups, summer camps and programs, recreation programs, music and art therapy, mobile crisis unit response team, 24 hour hotlines, RCASA outreach and supports, suit more. These can be accessed through private insurance or through MassHealth (students can qualify even if parent has different coverage as a result of the Child Behavioral Health Initiative, CBHI). 22. What qualifications in Special Ed. does an inclusion teacher have? What training do they undergo? How are they prepared to receive that child in the classroom at the start of school year? How are they monitored? I am unclear who you are referring to as an "inclusion teacher" in this question. If you are referring to the general education teacher, many of our teachers have dual certification," is becoming more and more common with recent graduates. For those who do not have a special education license, they may have participated in universal design for learning (UDL) or other strategies to scaffold and structure instruction for all students. Teachers routinely have students receiving IEP services in their classrooms and are required to implement accommodations and modifications per the IEP. All our supery ised by building -based administrators. If you are referring to our co-teaching classrooms where there is a special education and general education teacher working together in the same classroom, these teachers have undergone co- teaching training through workshops and/or worked with a consultant through a coaching model in the school. Our eo- teaching models extend beyond our DLC (autism program,) and our teachers receive training in specific content area instruction, as well. Please also refer to the previous PAC handout on district professional development 23. What is the student services policy on responding to parent complains? We do not have a policy as these are voted on and approved by the School Committee. We do have a practice, as stated above, of trying to resolve issues at the school level with the individuals working directly with the student first, however I am more than willing to listen to concerns and to help everyone work toward a resolution. 24. Does the student services office have an open door policy for parent concerns regarding services and service providers? Please see above 25. What is the procedure for parents to view student folders regarding data collection? I am not sure what folders you are referring to in this questions. At Student Services we keep the special education record. A pareatlguardian or those with signed consent to receive the records can do so by requesting a copy in writing. The regulations require access to the record within 10 calendar days, so if you would like to come in to look over the rile, we can arrange for someone to accompany you. If you would like copies, there is a $.20 /per page charge asset forth in the state regulations. Please keep in mind, you have copies of most items kept in the special ed record if you maintain your own records— testing reports, IEPs, correspondence, consent, etc. We samples of school work, DIBELS, are not maintained as part of the special ed record. From the Parent's Rights and Procedural Safeguards: The student record 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. You and your student (if your student is 14 or older) have a right to look at any and all of the student's records within 10 days of your request and before any IEP meeting or due process hearing.I You may also have copies of the information upon request for a reasonable charge. In addition, you can meet with professionally qualified school personnel to have the records explained. You may also have your representative (advocate, consultant, or attorney) inspect, review, and interpret your student's record if you give your specific, written informed consent. All of the rights associated with the student record are contained in the Massachusetts Student Record Regulations 603 C.M.R.23.00. Those regulations can be found at http: / /www. doe .mass.oduflawsmgs /603cnw23.html or by requesting a copy of the regulations from the school district or ESE. Generally only the parent, eligible student, authorized school personnel, and state and federal education officials are allowed to see the student record without the specific, informed, written consent of the parent or adult student. The school district may be required to provide some information to state and federal officials as the result of a court order or in response to a health and safety or law enforcement issue. Helpful information about these and other student records issues can be found at http: / /www.doe.mms.edullawsregs /advisory/emr23ga da.html. 26. Is it possible for the student office to host open houses with school principals at the beginning and end of the school year (similar to the ones hosted by the principal for general education kids)? parents of Special Education kids find it difficult to ask questions in what they perceive as a non - understanding environment. It is hurtful when you hear parents muttering about the questions just asked in a less than positive manner because they lack understanding. As mentioned early in the questions, we work closely with the schools and we feel that a student is a Reading student first and a special education student second. The Open Houses are for ALL students and families. We want all of our families to feel comfortable asking their questions and addressing concerns in their school. If you have experienced a less than welcoming environment, I encourage you to directly address these concerns with your building principaL Please remember you can always call or setup an appointment with your Team Chairperson or building principal to get your individual questions answered if issues of confidentiality are a concern. 27. Why doesn't the school system offer a pre-k or transitional kindergarten either at RISE (with a different curriculum) or on one of the Elementary Schools. There seems to be a need for a program that has 5 year olds who are too old to stay at RISE in a class with 3 year olds and are not ready for kindergarten. Without data to support this claim, we have not seen a need to date to create this type of program. The transition to kindergarten is a concern for many parents, whether they have a student in general education or one that receives special education services. Many of our kindergarten classes are under 20 students and there is a paraeducator in each classroom, so it is still a supportive environment. While you may have concern about "readiness," be assured that our kindergarten staff is experienced and well - trained and have worked with many types of learners and students at different levels of readiness. 28. Can you identify the SPED programs that are being run in the Reading elementary and middle schools by disability they are attended to address, age or grade they are intended to serve and school in which they are housed? Also, what's the student to teacher ratio in each? Can this detailed information be posted on the website? A brief description of the programs is posted on the Student Services Ed -line page and identifies the school at which the program is located. Student/teacher ratio is often dependent on the needs identified by individuals in the program in that given year. Each program complies with the minimum State requirements of 12:1:1 (students, teacher, aide) and RISE (15:1:1 or 20:1:1) but most have a much higher staff ratio than this requirement 29. Are some schools/class -rooms using a co- teaching model? Is this model expected to expand? Who gets to decide this? Please see response above. The District determines staffing models and structures. The School Committee approves and adopts the budget that will be submitted to the Town Manager. Ultimately the budget is adopted as the Town Budget and is voted on at Town Meeting. 30. Is the district thinking of developing any other in -house SPED programs? We do not have current plans to develop any new programs, though we are continually reviewing and improving our current programs and assessing needs across the district 31. What summer programs will the district be running for the children on IEP's? Extended School Year services are individually determined for each student and eligibility win be discussed at your Team Mtg and recommendations will be made by the Team There will be a six -week program starting in July that runs four days a week at RISE, Birch Meadow, Coolidge, and RMHS. 32. How do you ensure that there are consistently high services offered to students with special needs across the district when each school has flexibility to develop different programs and different schools have personnel with different qualifications /certifications? Are there certain standards that you apply across the district such as maximum tutoring group size? Reading is an "early adopter" of the new teacher evaluation system and 90 staff are evaluated through the standards and indicators set forth in that tool. Dr. Doherty has spoken throughout the state, as well as in Washington D.C. on this subject. It is also worthwhile to note that when the Education Reform Act was passed in 1993 it provided for site based management as a way to improve educational outcomes for students. Administrators and staff across the District are high - qualified and have a valuable experience. They work with the students daily and know well what students need. in Student Services, we work collaboratively with the schools to develop and assess our programming, as services are ultimately funded through our special education budget. As mentioned earlier, our groupings all meet the state minimum requirements, but most have much higher ratios. 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N 'art. vNi N N 3 R x O O N O .a ° 4 09� ~ d> S V r: U 0 v 111ATER 2013 0 FEDERATION FOR CHILDREN NFWF INF VOLUME 33, NUMBER 3 INFORMING, EDUCATING, EMPOWERING FAMILIES Sign -up for e -News l i n e! t Same great news, delivered faster and cheaper. Subscribe atfcsn.org Of Civil Rights and Children By Sherry L. Ralaniemi- Gregg, Esquire and Daniel TS. Heffeman, Esquire We send our children off to their pub- lic school each day with the assumption that they will be safe in the care of school personnel. Most times, this remains true. Unfortunately, despite the many caring, professional teachers who dedicate their days to educating our children, there are the occasional bad eggs —those personnel of a public school who physically, mental- ly, and /or emotionally harm our children, abusing their positions of power. There are also instances in which our children's fellow students are the perpetrators, harming peers through bullying, hazing, or other types of abuse. While criminal charges may be pursued against these perpetrators or a complaint for abuse or neglect may be pursued with the Depart- ment of Children and Families, there are also civil claims that may be made in or- der to recover monetary damages for your child's injuries. These claims fall into three broad categories: (1) state -based claims for negligence or "tort" claims; (z) state -based claims for intentional actions, such as intentional infliction of emotional distress or violation of the Massachusetts Civil Rights Act; and (3) federal claims, such as those under 42 USC § 1983, the Americans With Disabili- ties Act, or Title IX. Each of these types of claims has specific elements that most be proven in order to win at trial, and "for- tunately, trying to prove one type of claim may make the others more difficult to prove. Because of the complexity of these claims, it would be beneficial to consult with an attorney experienced in this area of the law as soon as possible, if your child has received any such injuries. When asserting negligence claims against a public school district, you are alleging that the district did not provide reason- able care to your child; therefore, even though the district and its personnel may wnVnues on page 5 0 FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Equal Opportunity For Students with Disabilities to Participate in Extracurricular Athletics: U.S. Department of Education Clarifies Schools' Obligation to Provide Equal Opportunity to Students with Disabilities to Participate in Extracurricular Athletics On January 25, 2013, the US Department of Education's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportu- nities for students with disabilities, such as opportunities outside of the existing extra - eurricular athletic program. Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Ac- countability Office found that many stu- dents with disabilities are not afforded an equal opportunity to participate in athlet- ics, and therefore may not have equitable access to the health and social benefits of athletic participation. "Sports ran provide invaluable lessons in dis- cipline , selflessness, passion and comage, and this guidance will help schools ensure that students with disabilities have an equal op- portunity to benefit from the life lessons they can learn on the playing field or on the court," said Education Secretary Area Duncan. The guidance letter provides examples of the types of reasonable modifications that schools may he required to make to exist- ing policies, practices, or procedures for students with intellectual, developmental, physical, or any other type of disability. Ex- amples of such modifications include: • The allowance of a visual cue alongside a starter pistol to allow a student with a hearing impairment who is fast enough to qualify for the track team the opportunity to compete. • The waiver of a role requiring the 'two - hand touch" finish in swim events so that a one -armed swimmer with the requisite ability ran participate at swim meets. The guidance also notes that the law does not require that a student with a disability be allowed to participate in any selective or competitive program offered by a school district, so long as the selection or competi- tion criteria are not discriminatory. "Participation in extracurricular athletics can be a critical part of a student's overall educational experience," said Seth Galanter, acting assistant secretary for the Office for Civil Rights (OCR). "Schools must ensure equal access to that rewarding experience for students with disabilities." The mission of the Office for Civil Rights ( "OCR') is to ensure equal access to education and to Promote educational excellence throughout the nation through the vigorous enforcement of civil rights. Among the federal civil rights laws OCR is responsible forenforcing areTtle VI either Civil Rights Act of liai Title IX of the Education Amendment Act of 1972; Section 594 of the Rehabilitation Act of 1973; and Tide If of the Americans with Disabilities Ad. For more information about the Department of Education's Office for Civil Rights and the anti- discrimination stables that it enforces, please visit OCR's websiter at htigWarive .etl.gov/abouNoffcesl Iislyoumboutotsir ml and follow OCR on twitter @ EDCiviinghta NEWSLINE Editor -in- Chief: Richard J. Robison Production Manager: John Sullivan Layout S Design: Sonya Fort Advertising: Wanda Morton Newsrine is a quarterly publication of Me Federal for Children with Special Needs, Inc Us Main Seeel Smile 11921 Boston, MA 92129 Newell is supported in part by grans Mon the U.S. Department of Education. The views and opinions herein do not eresearily reflect views or policies of Me U.S. Depadmant of Educator, w of Me Foundation for Children with Special Needs. Ads herein do not constitute en- dorsement by the Macomber for Per - Jos, services, oroganuations. Newsllne and its contents are copyright- ed by Me Fedeaticn for Children with Speaal Needs: wore matwial may cony omen rm s. Per s as well ( grand whore aµ from a Permission is granted! to quote Noma , pul,lu while giving credit b NeworC a am with sp of me Fetleda- ficn fa Children with special Needs (and original amMmr, uappmpriatai. Newslinn's mailing [at may occasion- ally be made available M oganizabm e in which we believe our readers may have interest. If you wish your name to be withheld, please call or write the Fedem en's Boston office to inform us. The Federation for Children with Special Needs Our Mission: To provide information, supped, and assistance to parents of children with disabilities, their professional pil ners, and their communities. We are committed to listening to and learn- ing from families, and encouraging full participation in community life by all people, especially those with dis- abilities. Board of Directors: James Whalen. President Michael Weiner, Treasurer Mlryam Wile, Clerk Daman Allen, Emanuel Alves, Dan Heffernan. Anne Howard Luanne Neves, Joseph Father, John Reichermi Rand Sarni Patricia summer. Barham Vanderwilden Director Emeritus: William Henderson From the Executive Director That Their Dreams Can Someday Come True Sybil Raye Feldman was a friend of mine! I met her over 20 years ago when I worked for a period of time at the Fernald Develop- mental Center in Waltham. Sybil was protesting for disability rights outside the front entrance when we met. A former resi- dent of that facility, Sybil had established herself in the commu- nity, living independently and free. Sybil made it her business to advocate for the rights of individuals with disabilities. Sybil passed from this world late last fall after a lifetime of advocacy. Sybil was born in 1940 in Boston and for four years lived with her parents and sister in Malden. Born with CP, she experienced a 105 degree fever when she was an infant which worsened her condition. Herparents were unable to find adequate medical care and she spent a great deal of time in a hospital. At age 5, she had several surgeries at Boston Children's Hospital to reduce her se- vere muscle spasms. Sybil was sent to a private special school in Rhode Island for "18 months of training ". During this time she was able to visit her family on weekends. However, she told me that her parents felt that they had to keep her inside the house because of excessive teasing by the neighborhood children. According to her autobiography, "Sybil Disobedience ", she was enrolled in the "Industrial School for Crippled Children" (later known as the Carting School), then attended the Kennedy School for five more years. On March 30, 1955 (at the age of 15) she was admitted to the Walter E. Fernald State School to receive "psy- chotherapy and scholastic training" and there remained until she was 36 years old. In 1976 she was moved to a community residence and remained there until 1982. Sybil declared, "On May 18, 1982, my new life began. I partici- pated in a transitional living program through the Boston Center Legislative Updates NEWSUNE WINTER 2013 v for Independent Living and moved into my very fast apartment It was on the third floor. Hallelujah!" (Sybil experi- enced mobility issues and eventually became a wheelchair user - but was thrilled with a third floor apartment). Rich Robison "At 2 pm on that day", she continued, "I had my first place and I will never forget that moment. I drank some Kalua to celebrate that I was able to go there all on my own." During the next 30 years Sybil worked, volunteered, transported paperwork, became a disability access monitor, held a payingjob (for $9 per hour) and "motored" around Boston, Lynn, Brook- line and many other places like a bird let out of a cage. Sybil was 72 years old when she died and had lived independently in her own apartment with support services for most of her adult life. Her fiery spirit and passionate commitment for justice lives on. She wrote, "Over these years I have developed my own motto,'I live on my own, I go out on my own, I go anywhere I want and I live dangerously!'" Sybil Feldman reminds us all of why we advocate for each child, every day - that they experience the dignity of risk in order that their dreams ran someday come true. Let her spirit live on in each one of us. Best wishes, C41 k Rich Robison Chapter 222 of the Acts of 2012: An Act Relative to Students' access to Educational Services and Exclusion from School was passed by the Legislature and signed into Law by Governor Patrick. This new law ensums student access to educational services when a student is being excluded from school due to discipline masons. Under the new mle, schools am responsible for ensuring that students who am excluded from school are able to continue to make academic progress during the period of exclusion. It further requires schools to create a'school -wide education service plan" to ensure that students who are excluded for mom than 10 consecutive days have access to some form of alternative educational services. Such services may include tutoring, alternative placement, Saturday school, and online or distance leaming. Any school that excludes a student for more than 10 days must provide the student and his parent or guardian with a list of avail. able alternative educational services. The hill shall take effect on July 1, 2014 - allowing school districts 2 years to plan for implementation. Chapter 233 of the Acts of 2012: The Children's Hearing Aid bill, also was signed into law at the end of the session in December 2012. This law applies to any minor child age twenty-one or younger covered under the Group Insurance Commission (GIC), accident and sickness insurance policies, HMO and others to mandate coverage for the purchase of one hearing aid per hearing impaired ear every 36 months with a written statement of medical necessity. More information can be obtained from the Massachusetts Commission for the Deaf and Hard of Hearing. New DOS Eligibility Statute: On January 8, 2013, Governor Patrick signed H 4252, An Act Providing for a Definition Consistent with the American Association of Intellectual and Developmental Disabilities ( AAIDD). This new law provides a separate statutory basis for Massa- chusetts adopting the AAIDD standard. This legislation is important fora few masons. First, it will prevent the Massachusetts Department of Developmental Disability Services (DDS) eligibility standard in the regulations from being narrowed, as happened once before in the 1990s. Second, it may also mean that if a family member or consumer appeals a decision of ineligibility, a hearing officer will be looking at the AAIDD standard in determining I DDS complied with the AAIDD defnkion of "intellectual disability. Third, the statute refers to the most recent version of the AAIDD standard, sc, I this is ever amended in the future, the state regulations will also need to be updated. tce `rtavt dc Mvc /O-t, 6t"daPV6 tv 6"CCacd Tools we use: */ iPad and iTouCh I( Electronic Whiteboard IS Touchscreen Computers 1 DynaVoxNoice Output Systems rJ / FM Systems/Sound Field Systems / / Spoken /Printed English y / ASL V PECS (Picture Exchange Communication System) *40* The Children's Center for Communication Beverly School for the Deaf We accept students who are /have: '1( Hearing Special Needs I/ Autism Spectrum Disorders 1 Developmental Delays I! ! Multiple Medical/Physical Needs II( Hard of Hearing/Deaf The Children's Center for Communication/ Beverly School for the Deaf uses cutting -edge technology in delivering the highest possible level of communication - based education. We invite you to visit our Beverly campus and see firsthand Where Communication Comes First — Since 1876 Contact President/Executive Director Mark Carlson at 978- 927 -7070 W. 202 markrarlson0beverlyschoolforthedeaf .org • 6 Echo Avenue, Beverly, MA 01915 VP: 866 -320 -3233 www. thechildrenscentertomommunication .org Of Civil Rights and Children (continued from page l) not have intended to harm your child, the result of their actions is that your child was, indeed, injured. Negligence -based claims are also called tort claims. A public school is an entity of the Commonwealth of Massachusetts; therefore, it is afforded the protections of the Massachusetts Tort Claims Act (MICA). The MTCA is multi - faceted; however, the three main protections it affords public schools for any tort claims are: (1) You must serve the appropriate public school and town or city personnel with a proper presentment letter within two years of the incident; otherwise, you will be barred from suing the school district for any tort claims, no matter how liable you believe the district may be for the injuries your child suffered. (2) The district and its personnel are limited in liability for any tort claims up to only $1oo,000 per plaintiff. This means that, even if a jury were to award your child $1,000,000 for his or her tort claims, the judge would have no choice but to decrease the recovery to $1oo,000 for each plaintiff (therefore, up to $300,000 for your child, and both par- ents, for example). (3) Public employees whose actions were undertaken as part of their employment may be protected from individual liabil- ity; conversely, the public school may be protected from li- ability for those actions of school personnel outside of their employment responsibilities. As you can see, the overcoat provided to public school districts by the MICA heavily insulates them and their personnel from the cold reality of civil liability for the negligent actions of their personnel. However, these three protections are generalities. Consulting with an attorney experienced in this area of the law may provide you with additional avenues of liability and com- pensation for your child's tort-based claims. Unlike negligence claims in which the public school and its per- sonnel did not intend to cause the injuries your child may have suffered, intentional claims, such as the intentional infliction of emotional distress, are outside of the protections of the MICA. Therefore, even if you had not sent a timely presentment letter, you may still include intentional claims in your law suit. Also, the liability limit of $100,000 does not apply to intentional claims, nor are public school personnel protected from liabil- ity for their actions that are intended to result in harm. How- ever, intentional claims can be more difficult to prove. Federal claims for violations of your child's civil rights or impermissible violations based upon his or her disability or gender can be the most difficult to prove. While attempting to From your federal claims, you may also be undermining your tort and intentional claims. However, there are two benefits, if you can prove that your child's federal protections were violated. First, like inten- tional claims, the MTCA does not protect public schools and their personnel from liability or paying full compensation for NEWSLINE WINTER 2013 # "...prior to filing any lawsuit in court, you mustfirstfile a requestfor a due process hearing in order to determine if the Bureau of Special Education Appeals (BSEA) has any authority over deciding your claims." their violations of federal statutes protecting your child's rights Second, these federal statutes may allow you to recover yom attorneys' fees and costs of litigating to recover monetary corn pensation for your child's injuries. As such, these federal claim: may provide additional resources for your child's monetary compensation for his or her injuries. Assuming your child has been injured through the actions of a public school district and its personnel, and that you may be able to assert any or all of these claims, there remain additional hurdles before you can file any claims in state or federal court . if your child receives special education services or accommodate tions through an Individualized Education Plan (IEP) or a 504 Plan under the Rehabilitation Act. The Individuals with Disabili. ties Education Act (IDEA) may probibit you from suing a school district for injuries your child receives as a result of the actiom of its personnel, if your child is on an IEP or 504 Plan until you have done what is termed "exhausting" your administrative rem- edies. This simplymeansthat, priorto filing anylawmit in court , you must first file a request for a due process hearing in order tc determine if the Bureau of Special Education Appeals (BSEA; has any authority over deciding your claims. For example, when our firm has represented students abused, assaulted or illegally restrained by special education teachers in their claims for mon- ey damages, we have litigated the matter first in the BSEA Once you have "exhausted" this avenue, then you may proceed to file your complaint in the state or federal court. As you can see, this area of the law is quite complex, and a mis- step may prevent you from being able to litigate your child's claims at all in court. If you think your child has been injured as a result of a public school district and its personnel, you should meet with an attorney experienced in this area of the law as soon as possible in order to make sure that your child's potential claims are protected and can be asserted correctly in a timely manner. Sherry Ralaniemi -Gregg and Daniel T.S. Heffernan are attorneys with Kohn, Crabtree 8 Strong where May concentmte on spedal education and civil rights law. They have represented numerous families with children with special needs in abuse, civil rights and negligence actions. Contact them al sralaniemi- gregg @kwlagal.com and c helfernan@krslegal.com. 0 FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Acerca de los Derechos Civiles y los Ninos Sherry L. Rajaniemi- Gregg, Esquire and Daniel TS. Heffernan, Esquire Enviamos a nuestros ninon a sus escuelas publicas cada dia suponiendo que estar6n seguros bajo el cuidado del personal cellular. Muchas veces ad es. Pero lamenhblemente, a pester de los muchos maestros strutter y profesionales que dedican sus villas a Is educaci6n de nuestros hijos, nunca falta entre el personal escolar Is ocasional persona male que le ocasiona dano tisic0, mental o emotional a un nino abusando an p0sici6n de poder. Tambi6n hay cascs en que los culpables son los compafieros de los ninos quienes causan demo a otros alumnos mediame intimidaci6n, novatadas u otras formats de abuso. Ademas de presenter cargos contra his autoras de estos delitos o denunciate por maltrato o descuido ante el Deparmmento de Ninos y Families, tambi6n se pueden presenter reclamaciones de caracter civil por danos y perjuicios derivados de las lesions del nino. Estes reclamaciones pueden clasificarse en tres categories generales: (1) reclamaciones a nivel estatal por negligencia o por "agravio ", (z) reclamaciones a nivel estatal por acciones intencionales en el esmdo, Como causer deliberadamente angustia emocionl o violar Is Ley de Derechos Civiles de Massachusetts, y (3) reclamaciones a nivel federal como to dispone Is ley, p. ej., qz USC § 1983, Americans With Disabilities Act (Ley para Estadounidenses con Discapacidades) o el Title IX (Titulo IX). Cads tipo de reclamaci6 t tiene elementos especificos que hay que probar para garter el juicio y, por desgracia, tratar de probar on tipo de reclamaci6n puede baler que las otras seam mzs dificiles de demostrar. Como rates reclamaciones son army complejas, si su nino he sufrido este tipo de lesions, conviene consulter to mAs pronto posible a on abogado con experiencia en este campo de Is ley. AI presenter reclamaciones por negligencia contra on distrito escolar publico, usted alega que a su nino no se le ofreci6 un cuidado razlunable. Por to tanto, aunque el distrito y su personal no bayan tenido Is intenci6n de causarle dano a su nino, como resultado de sus acciones su nino result6, en efecto, lesionado. Las reclamaciones por negligencia tambi6n se conocen como reclamaciones por agravio. Como entidades del estado de Massachusetts, a late escuelas publicas se lea concede las protections de Is ley Massachusetts Tort Claims Act (MTCA). Este ley es may amplia, pero las tres protections principales que ofrece a las escuelas publicas contra cualquier reclarraci6n por agravios son: (1) Se le debe presenter al personal apropiado de Is escuela publics y del pueblo o chided una Carta de presenteci6n del ca x, dentro de los dos ands del incidente. De to contrario, se le pmh'be presenter reclamaciones por danos y perjuicios contra el distrito escolar sin importar qu6 tan responsable Listed crea que puede haber sido de las lesions sufridas por su nino. (z) La responsabilidad del distrito y su personal tiene on limits de s6lo $loo,000 por demandame. Esto significa que sun si on jurado le concediera a su nino $1.o00.00o como resarcimiento por una reclamaci6n, el juez no tendria n remedio que reducir Is suma a $10o.000 por demandar por ejemplo, hasta s6lo $300.000 en el trio de on nino dos padres. (3) Los empleados publicos que actuaron en el marco su empleo pueden ester protegidos de responsabilic individual. For otro lado, Is escuela p6blica puede es protegida de responsabilidad porlas acciones de su perso que no for amn parte de sus responsabilidades laborales. Como pueden ver, las salvaguardias que Is ley MTCA ofrece a distritos escolares publicos los protegen a ellos y a su perso de Is fria realidad de Is responsabilidad civil por los ac negligentes de an personal. Sin embargo, estos tres proteceio: son generalidades. Un abogado con experiencia en este camp( Is ley puede mostmrle otras visa parts encauzar las reclamacio por danos y perjuicios a favor de su nino. A diferencia de las reclamaciones en que Is escuela putt y su personal no tienen Is intenci6n de causer lesions a nino, las reclamaciones por danos intencionales, Como cau deliberadamente angustia emotional, no estan cubiertas las protections de Is ley MTCA. Por In tanto, aunque m no hays enviado una carta de presentaci6n del caso dentro plazo establecido, en su demands puede incluir reclamacio por danos intencionales. AdemSs, parts las reclamaciones danos intencionales no rige el limite de responsabilidad $1oo.000, y el personal de Is escuela p6blica no esta proteg si comete acciones con Its intenci6n de causer danos. obstante, las reclamaciones por danos intencionales pueden mats dificiles de probar. Las reclamaciones a nivel federal violaci6n de derechos civiles a otras violations ilicitas bass en Is discapacidad o el sew del nino pueden ser mss dilh de probar. Intentar probar sus reclamaciones a nivel fed puede debilitar sus reclamaciones por danos intenciom Pero probar que se violaron las protections de las It federales tiene dos ventajas. En primer lugar, al igual que reclamaciones por danos intencionales, Is ley MTCA no pro, a las escuelas publicas y su personal de responsabilidad ( pager indemnizaci6n complete por violations de las It federales que protegen his derechos del nino. En segundo In rams estamtos federales pueden permitir que usted recupen honorarics de abogados y gastos del litigio. Como tales, e reclamaciones federales pueden ser una fuente adiciona: compensaci6n monetaria por las lesions del nino. Ann suponiendo que su nifio hays sufrido lesions por acciones de un distrito escolar publien y an personal y que u pueda prober todas sus alegaciones, si an nino recibe servicic educadim especial o adaptations a trav6s de on plan educe continua an Is pAgir NEWSLINE WINTER 2013 v Trauma - Sensitive Evaluations by Jane Crecco, Training 8 Support Specialist- Recruitment, Training 8 Support Center for Special Education Surrogate Parents (RTSC) Helping Traumatized Children Learn, written by the Massachusetts Advocates for Children in collaboration with Harvard Law School and the Task Force on Children Affected by Domestic Violence, is both critically acclaimed and nationally recognized as a much needed resource for educators, service providers, and parents (including Special Education Surrogate Parents). This is the second in a series of articles on the four opportunities to advocate for trauma - sensitive individual supports for a child: sharing information; trauma- sensitive evaluations; trauma - sensitive team meetings; and the IEP. When children are referred for initial evaluations for special education due to a myriad of symptoms or behaviors, it is important to consider whether complex childhood trauma is at the root of the problem. So many issues can be subsumed under this heading: aggression, defiance, withdrawal, hyperactivity, lack of motivation, impulsiveness, dramatic mood shifts, and even language delays. How does an IEP Team decide that trauma is playing a role, and avoid inadvertently misdiagnosing some of the symptoms? Trauma - sensitive evaluations should be used to address the interface between trauma and the student's cognitive and learning profile. School evaluations should address the role trauma may play in learning, behavior, and social /emotional growth. If the role of trauma has already been identified (as is the case for many students in the custody of the Department of Children and Families), then the link is easily established and the evaluators should proceed with complex childhood symptomology clearly in mind. What about the "gray area" where the Team is not exactly sure about the trauma history? A "trauma" evaluation canbe made. This kind of assessment is differentthan a "trauma- sensitive" evaluation in that it is clinically oriented and looks to pinpoint the source and type of the trauma (physical, sexual, emotional); a trauma - sensitive evaluation tries to determine whether or not there is a component of trauma to the difficulties the child is experiencing at school. In either case, the default approach should he to encourage success for the child and create a trauma- sensitive environment for him (calming, caring, nurturing, and safe), and avoid re- traumatization by the wrong disciplinary approach.' If the Team is determining eligibility of a student with a history of trauma for an IEP, an Emotional Disability is commonly agreed upon as the type of disability that is impairing academic progress. To establish the criteria for makingthis determination, several evaluations can be useful, but the focus should be on psychological, speech and language, functional behavioral, and occupational therapy assessments. Below are ways to ensure that each of these can ensure appropriate evaluation: 'Helping Traumatized Children Learn: Supportive School Environments for Children Traumatized by Family Violence. Susan Cole, J.D., 11i Power - Point Notes for the Federation far Children With Special Needs, September 19,2012. 1. Psychological Evaluation: It is helpful to refer a traumatized child (or one suspected as such) to a mental health professional (preferably, with a Ph.D.) who has knowledge about the impact of trauma on academic and non - academic progress. To protect the confidentiality of the student and his family, the details of the trauma are far less important to a school than an understanding of how the child is functioning and why this is so. Trauma triggers, specific ways to help the student modulate emotional and physical responses, ways to make the student feel safe and secure at school, and specific modifications and/ or accommodations should be included. 2. Speech and Language Evaluations: An appropriate evaluatior should include the linguistic, pragmatic, and narrative aspect: of language. Many children with complex childhood trauma are challenged by receptive and expressive language delays age- appropriate perspective taking, and social cueing. 3. Functional Behavioral Assessments (FBAs): Specificbehaviom challenges require specific behavior plans to ensure academia and non - academic success. An FBA consists of collectinl information about the antecedents and consequences b the student of certain environmental (or internally driven challenges, like trauma triggers, distorted image of authorit figures, and an inability to follow routines and rules Therefore, there must be a careful assessment of the schoc and classroom environments. 4-Occupational Therapy Evaluations: In addition t developmental delays in fine motor skills that may he evider with a traumatized child, accommodations and modification that will produce a calm and nurturing learning envircnmer can be recommended through these evaluations. In conclusion, children with histories of complex childhoo trauma can display many "comorbid" issues and diagnose, Many of these symptoms respond positively to "trauma sensitive" recommendations madeby evaluators to an IEP Team By becoming aware that violence may be at the heart of many I the child's learning and behavioral difficulties, school persona may be able to mitigate much of the lasting impact of trauma. A understanding of its impact on learning and behavior will he] educators and other school staff plan the most successful pal to the future. In the next Newsline, we will discuss Trauma - Sensitive Tea: Meetings so that everyone can participate in helping tl traumatized child learn. 0 FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Development Corner: MLK Summer Scholars Find Success Derrick Sapp became part of the Federation family through John Hancock's MLK Summer Scholars program, which aims to provide Boston's youth with work experience and job readiness skills while giving back to local non -profit organizations. The Federation was awarded a Partnership with the 2ot2 MLK Summer Scholars program, enabling us to hire two summer interns. Derrick assisted Mass Family Voices and the Recruitment, Training and Support Center for Special Education Surro- gate Parents by completing research, collating and implementing mailings, and organizing the stock room. Derrick graduated from New Mission High School and has an ongoing relationship with the Federation, as several staff members are assisting him with educational goals. He says his expert- ence at the Federation has really helped his computer skills, especially with using email. Working at the Federation gave Derrick something unexpected as well - a new bike! When Derrick's bike broke on his way to work one morning, he was unsure how he'd be able to complete his internship. A staff member heard about what happened and offered a solution; her son had a bike that Derrick could have. Derrick decided to donate his old bike to the Boys and Girls Club in Charlestown which is starting a Bikes Not Bombs program, accomplishing exactly what the Summer Scholars Program sets out to do - empower Boston's youth to be able to give back to our communities. The Federation is extraordinarily grateful to John Hancock for the opportunity to participate in this program! Federation volunteers and staff gathered at TO Gallen in January to cheer on the Boston Bruins and help raise funds for the Federation through a Boston Bruins Foundation 50150 Raffle! From left to tight Melissa Mackey, Allis Marks. Katie Sullivan, Rick Crecco, Janie Cna co, John Sullivan, Sarah Stevenson, Josh Fowler, Andrea York, Gordon Stevenson, Mary Summers, and Emily Gaudette. Many thanks to the Boston Bruins Foundation for their support of the Federationl Sdilimill SPECIAL NEEDS ADVOCACYNEMORA EQUAL ACCESS-EQUALS OPPORTUNITY A Valuable Resource for Parents a Professionals Pease Wen us at- ..spanmaas.org info@spanmass.org 99A11 r P.0.5sim • Natld,[tA01769 • s0a -9s &7999 Calling All Writers The Federation has started a new blog! Are you a parent of a child with special needs or youn adult with a disability? The Federation is active] seeking stories for publication in Newsline and on Blog, "Perspectives, What Matters to Us ". IFyou wand like to share your positive "perspective ", please ema your contribution to the Federations Communication Coordinator, Sarah Stevenson at sstevensom@fcs l Submissions should be no longer than 500 word The Federation reserves the right to determin appropriateness ministerial submitted for publicatim and to edit submissions. The Kids' Project High - quality, affordable adaptive equipment made with care in Maine Multi -Chair This chair adjusts for grown and features seat depth and seat back angle adjus]abilhy. Afull i range of optional accessories are available. Three was available. Starts at $275.00. 207-4433341 .View product line at www .pretressociety.off av S�Ij - " 10 p Beal' oyt r", BOW", DI Etc 1e 1 MIS tt`'a n gp Veleta 451 broad alist ►I 1 °nr �..... It's time to celebrate! Once each year, the Federation community gathers to celebrate all that we have achieved, and to honor those in our community who have made signifi- cant contributions to furthering our mission of parents helping parents in ensuring that each child is fully included in school and in the community. Please join us on Friday, May 3rd, 2013 from 6pm until lopm at the Seaport Hotel in Boston for Gala 2013, "Cel- ebrating Every Child "! Gala 2013, "Celebrating Every Child" is the Federation's signature event and its largest fundraiser. Featuring an extensive silent auction with items that range from the much sought after local sports tickets and memorabilia to local art and vacation packages, this event will also include a cocktail reception, dinner, and a variety of entertainment throughout the evening. We are thrilled to welcome Ron Sanders, an award - winning veteran Bos- ton -based broadcastjournalist as the emcee of this year's event! We are also pleased to honor three wonderful people who have inspired us, and who have furthered the work of the Federation in a variety of ways. Our honorees for 2013 include State Representative Tom Sannicandro, who will receive the Martha H. Ziegler Founders Award. The father of • child with special needs, Representative Sannicandro is considered • leader in Massachusetts on civil rights of persons with intellectual disabilities and has been called "a strong advocate for education fund- ing and a strong voice for people with disabilities." Sannicandro will be honored as a legislator who continues to lead, advocate and inspire. Our President's Award will be presented to Angela Peri. Ms. Peri is an actress, a comedienne, and the owner /founder of Boston Casting. The parent of a son with autism, Angela is active in the autism and special needs community, and has made an outstanding contribution to further- ing the work of the Federation by donating her time, talent and expertise in a multitude of ways that have helped ensure the Federation's success. This year's Patricia Blake Parent Advocacy Award will be presented to Janet Vohs. Ms. Vohs, a parent and Federation staff member for over 30 years, will be recognized for her extensive contributions to the field of parent empowerment as an author, educator, researcher and advocate. Visit www.fesn.org for event updates on entertainment, silent auction items, and more! iIf you are interested in being part of our Gala Committee, helping sponsor the event, donating to the silent auction, purchasing individual tickets or a table, or advertising in the event's program book please contact Maureen Jerz, Director of Development at 617 - 236 -721o, ext. 374 or e-mail mjea @fcsn.org. We hope to see you there! FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Acerca de los Derechos Civiles y los Ninos (cordinuaci6n de la pagina 6) individualizado (IEP, per sus sights en ingles) o on Plan 504 seg6n IS Ley de Rehabilitaci6n, hay otres obst5culos pars Is presentaci6n de reclamaciones ante on tribunal estatal o federal. Si el nifio tiene on IEP o on Plan 5o4, hasta que usted haya "agotado" sus remedies administrativos Is Ley de Educac6n para Personas con Discapacidades (IDEA) puede prohibirle que entable una demands contra on distrito escolar per lesions sufridas por so nifio come resultado de has acciones de so personal. Este signifies simplemente que, antes de presentar una demanda ante on tribunal, debe solicitar una audiencia de proceso debido para determinar at Is Oficina de Apelaciones de Educac6n Especial (Bureau of Special Education Appeals, BSEA) tiene autoridad para tartar una decisi6n en an case. Per ejemplo, cuando Is firma nuestra represent6 en reclamaciones per dafios y perjuicios a estudiantes que sufrieron abuses, agresiones o sujeci6n ilegal per maestros de educaci6n especial, prlmero Is presentamos el caso a BSEA Una vez que se "agota" esta via, se puede presentar Is reclamaci6n ante un tribunal federal o estatal. Como pueden ver, este campo de IS ley es bastante complejo y on coal paso puede impedirle que siga litigando el case de so attic. Si tree que so nifio sufri6 lesiones per las acciones de on distrito escolar pfiblico o so personal, consulte to cots pronto posible a OH r pniSSivn: I nenable students with special needs w achieve their highest lemningpotential and le,velof independence, We serve chddect ages 3.22 vrith a broad spectrum of learning and .usde.0 ndisabilities, physical eballrngea and complex medical conditions Weoffer. - academic, thecapeutic and medical services Assertive Technology inte,ration and evaluation prevocational, vocational and community expenences arts, enrichment and adaptive physical education NEW' Opening in September 2012: HOPEhousc, a five -day, residential, academic and transitional proleare serving up to 10 students ages V to 22. Contact Eliwbeth Ruc¢Il, Diramrof Admisswns fit1NI -9ti2 7323 to 114,,, nselkamningorg 10 "...antes de presentar una demanda ante un tribunal, debe solicitar una audiencia de proceso debido para deterrninar si In Oficina de Apelaciones de Educaci6n Especial tiene autoridad para tomar una decisi6n en su caso." un abogado con experiencia en este campo de Is ley para pr( y hater valer so derecho de presentar reclamaciones a fat so nifio en forma correcta y oportuna. Sherry Retaniemi -Gregg y Daniel T.S. HeRernan son abogados en I Kotin, Creblroe 11 Strong, donde se concenlran an education e y derechos civil". Han representado a muchas families de airs necesidades especiales an enacts de abuse, negligencia y de civiles. Puede esseribides a srejanien-gregg@kcslegal.com a dheae r— — — — — — — — — - Say it with Symbols i Communicating and Caring i With Pictures and Symbols i i i ar Functional communication aids 1 visual supports for daily living 5ayitwith5ym17o1sxom Come by and visit our table at Visions of Community 20131 L— — — — — — — — — . NEWSLINE WINTER 2013 C Federation Staff Comings and Goings: Laura Yellick has been hired as the new Director of Training for the Parent Training and Information Center (PTI). Laura is the proud mother of an 18 year old daughter with an intellectual disability and a 10 - month old infant. She holds a B.A. in Religion from Mount Holyoke College and a J.D. degree from Western r New England College School of Law. Laura has worked as an attorney with a small private practice firm. Laura v completed the FCSN Parent Consultant Training Course three years ago and has been working with families as an advocate and FCSN workshop presenter ever since. "I am proud to join the Federation staff and look forward to working with such a distinguished and passionate group to accomplish great things!" Sarah Stevenson is our new Communications Coordinator. This is a new position for the Federation which focuses on using technology and social media such as Facebook, Twitter and others to ensure the Federation is accessible to anyone interested. Sarah's background includes experience in database, IT, web -based man- agement and graphic design. Previously she worked as an AmeriCorps VISTA Volunteer at the MAAdopfion J Resource Exchange. Sarah additionally brings knowledge, experience and skills in the area of fundraising, including grant writing, event planning, communications and social media. Emily Gaudette has been appointed as the Project Coordinator for the Recruitment, Training and Sup- port Center (RTSC) at the Federation. This project supports the needs of Special Education Surrogate Parent volunteers who volunteer to fill the parent role for students with special needs in state care and custody. Emily recently moved to Boston from New Mexico. She brings many outstanding computer and organizational skills to her new position. Emily is also a gifted writer, winning many awards in college. WWI$ • .•� Is Sensitively -Based Approach, Evidence -Based Results Behind every cue rherc e a pers on.AC Swm Hd75 (Hotel A......w, (SHCA), we make the cue for putting people first.Thar's why SHCA use hazd uirnce with a sok touch —we are better wdersvnding the world as our exhviduah see it and we we hope. Evidence -baud mule are leading to more fulfilling and productive lives. Make the rase for the individual m your carc.To lean more, 41978.391.8201. Seven Hills Clinical Associates n Grant Road Dee MA 01434.97KNIS201 • wwwseveMJla.ory 0 FEDERATION FOR CHILDREN WITH SPECIAL NEEDS The Root to Success: Adressing Emotional Needs By Mary Castro Summers, Family TIES of Massachusetts Families of children who have special needs of all ages and all types have one deep connection: succinctly said, they need support and assistance, to enhance quality of life for their children and themselves, as a family unit. From the experiences of our own families and the many families we meet through our community connections and our work, Family TIES staff is deeply aware of the varied types of assistance that ran enhance the lives of this community. The medical, educational, and community activities all factor into the richness of our children's lives. The piece that is harder to nail down is emotional support. You ace, it's not easy for a parent or family member to say out loud, "I want to talk to someone who truly understands my emotions. I need to share my joys and fears, to ask why and how can I experience happiness in my everyday life, to know what might be in our family's future and how to accept and explore that this is my life, my family's life." It's important to also realize it's not easy for those who offer assistance and support to our families to ask a parent, do you feel like talking about those issues. There is a worry, will I cause upset or distress by raising these questions for the parent or family? who could I possibly suggest is a good person to share in those conversations, to really enrich the conversations that need to be considered? y The Family Support Goners (FSCs) fSere. Hills Family San L ofcentrd MA make a measurable difference in the quality of ht, ibr individuals with disabilities and their families including: ■ Family Support Specialists ■ Comprchrmhe Edumdon ■ Information & Referral ■ Training Library ■Tr' 'ngin Fnb'fish & Spanish ■ Respite Care The FSCs are located in Wca eueq Flehburg, and Sturbridge. To learn more, contact 5008.79�6. 1885 Tsi 50orTTvis ww. it wsevenhills.org. I V<.YM 12 It is imperative that parents and family members be I opportunities to explore these questions (and so many m in order to bring balance to their emotional state. As pa . achieve understanding, they gain much more energy to I to the everyday experience of living life and caring for children and families. Truth be told, the best place for parents to have I conversations is — with other parents who are on a sit journey. Call Family TIES, to begin the process of explr the emotional aspects of raising a child with special needs. Parent- to-Parent Program is a great place to start. Our Parent -to- Parent Coordinator offers parents an opporb to find a trained volunteer Support Parent whose fa experiences can offer keen insight that will be helpful, w sort through the various challenges that you face in identi and advocating for your child's needs. For more inform, about our Parent -to -Parent Program, contact Gloria Else our Parent -to -Parent Coordinator, at goria@fesn.org. Family TIES of Massachusetts is a parent -led program that offers iMom and referral services through its six Regional Parent CooMinatom. N parentis, too, and take into account our own experiences as we late support your needs. To find cummunay -based programs and resource can make initial contact through our toll -free line, 800.905 -TIES (84i visit our website, wsev massfamilyties.org. Business Law Education and Disability Law Employment and Civil Rights Law Estate Planning and Administration Intellectual Property Law Litigation: Civil and Criminal Personal Injury Real Estate Tax Law Os Direitos Humanos a as Criangas Sherry L Rajanierri- Gregg, Esquire and Daniel TS. Heffernan, Esquire Nos mandamus nossas crlangas diariamente para suss escolas publicas, assumindo que estarao segums mob os eWdados dos funcionarim der escola. Na rnmorla des vezes, late a ocorre, mas infelizmente, apesar dos muitos cuidados dos profemorm que dedicam sees dial A educagao de nossas crlangas, existem os maws elementm ocasionais — aqueles funcio nirios que maltratam fisicamente, mentalmente a /ou emocionalmente as asses criangas, abusando de suss posigoes de poder. Hz tambem cases nos quaffs m estudantes, colegas de escola de nossas criangas sao as autores, maltratando was colegas atmves de intimidacao (Bullying), participaticipando em trotes on outros tipos de abusos. Enquanto acusagoes criminais podem set legalmente contests las contra eases autores on uma queixa sabre abuse, on negligencia pode ser legalmente comestada atmves do Departamento da Crianga a der Familia, existem tambem agues civic que poderao ser feitas a fim de recobrar danos monetarim para os abuses sofridos pela sue crlanga. Estas reivindicag6es estao classificadas nestas fires categorlas gerais: (1) reivindicaroes baseadas no estado pars negligencia ou agues judiciais por "atos ilicitos "; (2) reivindicaom baseadas no estado pars agues intencionais, tais come imposigao intentional de sofrimemo emotional on violagao da Lei de Direitos Civis de Massachusetts; a (3) reivindicagues federais, tail coma aquelas sob o 42 USC § 1983, a Lei de Americanes tom Deficieneia, on Title IX. Cada um desses tipos de reivindicagao tern elementos especifiem que devem ser comprovados pars ganhar -se umiulgamentu, a infelizmente, tenter prover um tipo de reivindicagao pode turner as norms mail dificeis de serem provadas. Devido a compleaidade destas reivindica0m, serla benefico consultar um advogado experlente nests area da lei, o mail redo possivel, se seu filho sofreu qualquer desses abuses. An declamr estas reivindiesioes de negligeneia contra um distrim escolar pfiblico, voce ester alegando que o distrito nao forneceu cuidados razoAveis pars o seu filho; portanto, mesmo que o distrho a seas funciomrios nao tenham tido a intengao de prejudicar o seu filho, o resultado de suns a0m € a de que, de fato, seu filho foi lemdo. Reivindiewoesbaseadas em negligeneia tambem sao chamadas de um ato ilicito. Time escola publica € uma entidade do Estado de Massachusetts; portanto recebe a prote0o da Lei de Reclamag6m de Delito de Massachusetts (MTCA). A MTCA a multifacetada; entretanto, as tres protegom mais importantes que proportion As escolas p6blicas pars qualquer alegagao de ato ilicito sao: (1) Voce deve apresentar A escola publica apropriada a so pessoal da cidade, uma carts de apresenmoo adem ada no prazo de dois anon do acontecido incidence; caso contrarlo, voce sera impedido de processor o distrito escolar per qualquer reivindicagao de ato ilicito, nao imports quao responsavel voce acredita que o distrito tenha side no case dos danos sofrido pelo seu filho. (2) O distrito a seu pessoal ester limitado em responsabilidades per qualquer reivindicaoo de ato ilicito ate somente $1oo.000 per requerente. Isto significa que, mesmo que um juri tenha concedido so seu filho $1.000.000 por suss reivindicagoes de ato ilicito, o j uiz nao teria outra escolha que NEWSLINE WINTER 2013 C a de diminuir o valor Para $too.000 para cada requerente da agao ( portanto, at€ $300.000 para o seu filho, a ambos os pals, per exemplo). (3) Funcionfirimpfiblim mimagbesfommrealim(lascomoparte de seu trabalho, poderao estar protegidos da resporimbilidade individual; per or= lado, a carols publica podera estar protegida de responsabi idade para aquelas agues do pessoal da escola fora dos responsabilidades de sew emprego. Como voce pode ver, a cobertura oferecida am distritos escolares publicos pela MTCA isola -os a so sew pessoal da fria realidade da responsabilidade civil para as agues de negligencia de seus funcionarlos. No entanto, estas tres protegees sin generalidades. A consults cram um advogado experiente nests Area da lei, pode fornecer-Ihe caminhos adicionais de responsabilidade e compensagao para as reivindicag6es pata seu filho corn base de ato ilicito. An contario dam reivindimg6es de negligencia no qual a escola e seupessoalnaoteveaintengaodecausardanosquepamivelmente seu filho tenha sofrido, reivindiewom intencionais, tail cemo a imposigao intentional de sofrlmento emotional, estao fora da protegao da MTCA. Portsnto, mesmo que voce nao tenha enviado uma cara de almmemado no tempo devido, voce ainda pole incluir reivindioagfies intencionais no seu processo judicial. Moo disco, o limite porn responsabilidade de $1oo.000 nao € aplicado As reivindicagfies intencionais, nem ester o pessoal da escola publica protegido des responsabilidades de sues agues cujas intengaes resultam em dano. Entretando, reivindicag6es intencionais podem ser mais dificeis de serem provadas. Reivindicagfies federais por violagom dos direites civic de seu litho on violag6es inadmissiveis tendo Como base a deficiencia on genero de seu filho on filha, podem ser mais dificeis de semen pmv das. Aotentarprovarsumreivindicacdesfederais ,vocepode tambem estar enfraquecendo suns reivindicag6es intencionais e de ato ilicito. Entretanto, existem dues vantagens, se puder prover que as protegees federais de seu filho foram violadas. Em primeiro lugar, taro reivindicag6es intencionais, a MTCA nao protege as escolas publicas a seu pessoal de responsabilidade e pagamento integral da compensaAo pelm violag6es dos estamtos federais que protegem os direitos da crianga. Em Segundo lugar, os estatutm federais poderao permitir que voce rvex pere as honorarios de seu advogado a castes do litigio para Terri cempensagao monetaria pain os danos sofridos pelo seu filho. Como tal, estas reivindicag6m federais podem fornever recursm adicionais para a compenmgho monetaria dos danos sofridos per seu f1ho on sua filha. Suponba que seu filho tenha sofrido danos per meio de agues de um distrito moolar publico a de seu pessoal, a que voce mia capaz de afirmar alguma on todas estas alegaom, haverao obstaculos adicionais antes que voce possa dar entrada em qualquer reivindicagzo em um tribunal esmdual on federal, se o seu filho recebe servigos de educagao especial on amannal goes atraves do Progmma Educational Individualizado (IEP) ou um Plano 504 sob a Lei de Rehabilitagao. A Lei de Educagao pars Individuos tom Deficiencia (IDEA) pode proibir voce continuagao na p3gina 14 13 0 FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Book Review by Dorothy Robison When Down Syndrome and Autism Intersect: A Guide to DS -ASD for Parents and Professionals By Margaret Froehlke, R. N. 8 Robin Zaborek, Woodbine House, 218 pp. This guide book provides an impor- tant starting point and a continuing reference guide for parents of children who have both Down syndrome and a diagnosis on the autism spectrum. The book begins with the experiences and perspectives of two parents who tell their stories with warmth and compassion. Both acknowledge the double grief of first adjusting to the life differences that having Down syn- drome is likely to bring to their child and to their family and then to the ad- ditional pain of understanding why their son or daughter is so unlike other children with Down syndrome. They openly discuss the isolation they felt at events where other children with Down syndrome were playing, socializing, and talk- ing while their child sat on the sidelines, seemingly uninterested, or more interested in staring at the light through the window than in interacting with others. The parents in the book acknowl- edge that for some parents the second diagnosis of an ASD (au- tism spectrum disorder) is a relief, that they finally have a word for why their child is different from others with DS (Down syn- drome). For others, the second diagnosis brings new pain and an overwhelming idea that now they must learn all there is to know not only about Down syndrome, but about autism as well. I found myself asking at the end of the book, "This be been great about taking the person apart into differen — important parts including medical needs, behavioral etc. why nun put the whole person back together again end and let parents know how truly cool their child wi ASD is ?" No matter how many diagnoses a child has, he is still a whole person to be valued and loved for who tb One cannot denythe stress on parents who live with the: modations they must make in their lives day in and day their son or daughter. The stress might be eased just a acknowledging the pride and the wonder in who their daughter turns out to be: perhaps funny, maybe a little i no doubt interesting, with skills and interests where a might never have expected them. Overall, the book provides very helpful information or topic from possible problem behaviors to health care signing educational programs. The checklists and notat what to look for at various ages is very helpful in maki guidebook one to which parents will refer as their chi] all the way through school. I do wish the book had don to encourage parents to be prepared to be positively Sur Woodbine House has donated a copy of this book t< Federation. Call 617 - 236 -7210, to borrow the copy. Learn other Woodbine House selections at www.woodbinehouse. Os Dlreltos Humanos a as Cnangas (continuagao do pagina 13) de processar um distrito escolar a respeito dos dares que seu filho cerebra come resubado das woes de seu pessoak se seu filho eat$ em um programa IEP on Plano 5o4 ate que voce tenha o que a denominado de "esgotamento" de seus recourses administrativos. Isto significa simplesmente que, antes de dar entrada em um processo no tribunal, voce dew primeiramente, dar entmda em um pedido para uma audiencia do devido processo legal a film de determinar se o Escrit6rio de Apelasao de Educagao Especial (BSEA) tern alguma autoridade sobre a decisao de suas reinvidici goes. Per exemplo, quando nosso escrit6rio represents esmdantes que forgo abusados, agredidos, on impedidos ilegalmente por professores de edumg5o especial em suas reivindicagom para danos monetsrics, nos litigamos o assunto primeiramente no BSEA. Quando voce tiver "esgotado" este meio, cabin podera proceder cots a entrails do processo de den6ncia no tribunal estadual a federal. Como voce pode ver, eats area da lei a bastante complexa, a uma distorsao pole impedf -lo de ser capaz de quilquer litigio das reivindicoes de seu filho no tribunal. Se achar que seu filho when 14 "...dar entrada em um pedido pare uma audfencia do deoidoprocesso legal a fim de determinar se o Escrftoric deApelagdo de Educili Especial (BSEA tern algtrma autoridade sobre a decisfio de sums reinuidicagbes.' danm Como msultsdo de um distrim escolar publico a de seu I Voce deveria ser acompanhado de um advogado cots expl nests area da lei, On logo quarto possivel, a fire de certifia que as reivindicaaoes em potential de seu filho estejam prc e possam set reivindicadas corremmente em um prazo adec Sherry Raianiemi -Gregg a Daniel T.S. Heffernan sac, advogados r Cmbtme & Strong no qual especializamse na lei de educagaa e de direitos CNIS. Elea ja representarao inumeras familias corn coin necessbades especiais em agdes Para cases de abuso, dii e negligancia. Podem entrar em contato core eles no srajaniem koslel coon a dheRern nAkcslegal.core. Perkins SCHOOL FOR THE BLIND Community Programs Perkins Community Programs support people with impaired vision throughout New England. Programs include Outreach Co -Op and Short Courses for grades K -12, Early Intervention, Community Living Services for adults, and New England Eye Low Vision Clinic at Perkins for all ages. Visit www.Perkins.org to learn more. Saturday, April 27, 2013 Early Connections: [,elebrating 30 Years Taking Care of Our Children... Taking Care of Ourselves A conference for parents of children with visual impairments from birth to 7 Keynote Speaker. Kevin E. O'Connor, father of a 25- year -old son who is visually impaired Faculty at Chicagos Loyola University and Columbia College Topics Include: Recreational Activities, Technology, Orientation & Mobility, Preschool, Social Skills and more! For more information: Teri Turgeon, 617 - 866 -9912 orTeri.Turgeon @Perkins.org or Marguerite Tyrance at 617 - 972 -7553. www.Perkins.org/earlyconnections Non -Proft 0 U.S. Postage Pa Boston, MA FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Permit No. 5057 The Scrafft Center 529 Main Street, Suite not Boston, MA 02229 6e7- 236 -7210 VoiceMD I MA Tog Free 800- 331-06881 Wrstem MA 413-323-06811 www.fcsn.org I into @fmn.org Saturday, March 9 ' 7:30 am - 5:00 In Seaport World Trade Cent Boston, MA A Conference for Families of Children with Special Needs and the Professionals Who Serve Them Presented by the 0 FEDERATION FOR CHILDREN WITH SeaCAi. Nevus yc i_` FEDERATION FOR CHILDREN WITH SPECIAL NEEDS Are you looking for a summer camp for your child with special needs? Summer Fun, the Federation's online camp directory, links to over 200 Web sues for day and residential summer camp programs serving children with a wide variety of disabilities including Autism, Behavioral Challenges, Hard of Hearing, Learning Disabilities, and Visual Impairments. We also provide useful information and resources to help create a rewarding summer camp experience for you and your child. Available online at www.fcsn.orgtcamps 800 - 33"6881 www.fcsn.org