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INFORMING, EDUCATING, EMPOWERING FAMILIES / WINTER 2019 Meet our 2019 Annual Appeal family! THE FEDERATION FOR CHILDREN WITH SPECIAL NEEDS p. 1 Networking: Help your child and help yourself! (English, Spanish, Portuguese) p. 5 RTSC: Let’s Talk About Wrap-Around Services! p. 6 LINK Center: Transition Timelines (18-22) p. 7 “31 Nights of Light”! p. 8 The School to Prison Pipeline p. 9 New Material: SEPO! p. 10 Visions of Community p. 11 Annual Appeal 2019 For years I watched the girl across the street get on the big school bus. Then I put my daughter, now 11, on the little school bus. I always hoped the little bus came first because I didn’t want the kids looking out the window of the big bus seeing my daughter. I didn’t want my daughter seeing the big bus. I always wondered, and still wonder, how she processes the difference. Truth is I cringed. I cried. I still cry all the time, and I’m 69 years old. My name is Peter. My wife Maria and I are the parents of a child with multiple disabilities: ASD, ADHD, ID, DD, SD, ACC, and more, so there’s lots of letters. I don’t speak for my wife, but I can say for me that I am ever conscious of how the world is different for children with disabilities, different for parents of children with disabilities. Also speaking for me, I am educated with advanced degrees, yet I was powerless to help my child or to even understand how to begin truly advocating for her. About 19 months ago, a therapist my daughter was seeing who was leaving where she worked made a list of things I absolutely had to do to help my daughter. That therapist was actually telling me I needed help and she was showing me how to get it. It’s called Networking. She told me my daughter needed to be evaluated and diagnosed and where to go to get it done. I made a few calls based upon her suggestions. One call led to the next. UMass, CANDO Clinic, DDS, SEPAC, Seven Hills. Lots more letters. One thing led to the next as if all I had to do was take the steps. SEPAC and Seven Hills led to HMEA, ARC, MFOFC, FCSN. FCSN led me to their PCTI Advocate training which led to Turners Falls FCSN Call Center. Networking: Help Your Child and Help Yourself! Continued on page 3 By Peter Weiss, Volunteer, Parent Call Center In is Issue:

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Page 1: THE FEDERATION FOR CHILDREN WITH SPECIAL NEEDS WINTER … · is supported in part by grants from the U.S. Department of Education. The views and opinions herein do not necessarily

I N F O R M I N G , E D U C AT I N G , E M P O W E R I N G F A M I L I E S

/ WINTER 2019

Meet our 2019 Annual Appeal family!

THE FEDERATION FOR CHILDREN WITH SPECIAL NEEDS

p. 1 Networking: Help your child and help yourself! (English, Spanish, Portuguese)

p. 5 RTSC: Let’s Talk About Wrap-Around Services!

p. 6 LINK Center: Transition Timelines (18-22)

p. 7 “31 Nights of Light”!

p. 8 The School to Prison Pipeline

p. 9 New Material: SEPO!

p. 10 Visions of Community

p. 11 Annual Appeal 2019

For years I watched the girl across the street get on the big school bus. Then I put my daughter, now 11, on the little school bus. I always hoped the little bus came first because I didn’t want the kids looking out the window of the big bus seeing my daughter. I didn’t want my daughter seeing the big bus. I always wondered, and still wonder, how she processes the difference. Truth is I cringed. I cried. I still cry all the time, and I’m 69 years old.My name is Peter. My wife Maria and I are the parents of a child with multiple disabilities: ASD, ADHD, ID, DD, SD, ACC, and more, so there’s lots of letters. I don’t speak for my wife, but I can say for me that I am ever conscious of how the world is different for children with disabilities, different for parents of children with disabilities. Also speaking for me, I am educated with advanced degrees, yet I was powerless to help my

child or to even understand how to begin truly advocating for her.About 19 months ago, a therapist my daughter was seeing who was leaving where she worked made a list of things I absolutely had to do to help my daughter. That therapist was actually telling me I needed help and she was showing me how to get it.It’s called Networking. She told me my daughter needed to be evaluated and diagnosed and where to go to get it done.I made a few calls based upon her suggestions. One call led to the next. UMass, CANDO Clinic, DDS, SEPAC, Seven Hills. Lots more letters. One thing led to the next as if all I had to do was take the steps. SEPAC and Seven Hills led to HMEA, ARC, MFOFC, FCSN. FCSN led me to their PCTI Advocate training which led to Turners Falls FCSN Call Center.

Networking: Help Your Child and Help Yourself!

Continued on page 3

By Peter Weiss, Volunteer, Parent Call CenterIn This Issue:

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Greetings,There are many positive things happening at the Federation for Children with Special Needs! Each and every day dedicated, hard-working, compassionate staff diligently work on behalf of families who benefit from their thoughtful guidance and support. People, who learn that I am the Transitional Executive Director at the Federation, introduce themselves to me and describe the positive impact the Federation has had on their families. Their stories touch my heart!The Federation was honored with an Official Resolution presented by Boston City Council in recognition of the Latino Leadership Program and the leadership of Olga Lopez. In October, thirty people graduated from the program. Oanh Bui and Olga recently had a proposal accepted for the Association of University Centers on Disabilities (AUCD) annual conference, “We All Belong Here, Achieving Inclusive Communities”. AUCD is a network of interdisciplinary centers advancing policy and practice for and with individuals with developmental and other disabilities, their families, and communities. Olga will be presenting at this conference at the same time Oanh will be joining Pat Nemia, Project Director of MA Family Voices, at the Federation’s Joining Voices Conference. Oanh’s presentation will provide the parent’s voice in the keynote presentation.Other positive news is that Massachusetts was chosen as one of eleven states to receive grant funding from the US Department of Education for the establishment of a Statewide Family Engagement Center (SFEC). The Federation is the lead organization for this initiative and will be working with the following partners: MA Department of Elementary and Secondary Education, Collaborative Parent Leadership Action Network, National Association for Family, School and Community Engagement, Parents for Quality Education, English for New Bostonians and WestEd. Staff at the Federation are excited about collaborating with families, educators and partners on the goal of improving student achievement. When families and educators work together the possibilities are limitless!All the best,

Viv Swoboda

From the Transitional Executive Director: N E W S L I N E VOLUME 39, NUMBER 1

Transitional Executive Director:Vivian SwobodaLayout & Design:Erin Anguish

Advertising:Wanda Morton

Board of Directors:Anne Howard, PresidentMichael Weiner, TreasurerPatricia Schram, Clerk Susan Arndt, Nicole Baumer, James Breen, Dan Heffernan, Melanie Perkins McLaughlin, Joseph Petner, Teresita Ramos John Reichenbach, Leo Rotman James WhalenDirector Emeritus: William Henderson Executive Director Emeritus: Rich Robison

Our Mission:To provide information, support, and assistance

to parents of children with disabilities, their

professional partners, and their communities. We are

committed to listening to and learning from families, and

encouraging full participation in community life by all

people, especially those with disabilities.

Newsline is a quarterly publication of the Federation for Children with Special Needs: 529 Main Street Suite1M3, Boston, MA 02129

Newsline is supported in part by grants from the U.S. Department of Education. The views and opinions herein do not necessarily reflect views or policies of the U.S. Department of Education, or of the Federation for Children with Special Needs. Ads herein do not constitute endorsement by the Federation for products, services, or organizations. Newsline and its contents are copyrighted by the Federation for Children with Special Needs; some material may carry other copyrights as well (noted where appropriate). Permission is granted to quote from us at length, while giving credit to Newsline, a publication of The Federation for Children with Special Needs (and original author, if appropriate). Newsline’s mailing list may occasionally be made available to organizations in which we believe our readers may have interest. If you wish your name to be withheld, please call or write the Federation’s Boston office to inform us.

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Durante años, observé cómo la niña que vive enfrente de mi casa se subía al autobús escolar grande. Luego yo la colocaba a mi hija, que ahora tiene 11 años, en el autobús escolar pequeño. Siempre quería que el autobús de ella llegara primero para que los niños del autobús grande no la vieran al mirar por la ventana. Tampoco quería que mi hija viera el autobús grande. Siempre me preguntaba, y todavía lo hago, cómo procesara ella esta diferencia. La verdad es que el que sentía vergüenza era yo. Era yo el que lloraba. Todavía lloro todo el tiempo y tengo 69 años.Me llamo Peter. Mi esposa, María, y yo somos padres de una niña con muchas discapacidades: ASD, ADHD, ID, DD, SD y ACC, entre otras… ¡muchísimas siglas! No puedo hablar por mi esposa, pero yo soy siempre consciente de lo diferente que es el mundo para los niños con discapacidades y sus padres. También puedo decir que aunque tengo un buen nivel de educación y títulos avanzados, me sentía impotente para ayudar a mi hija e incluso para entender cómo comenzar a abogar por ella.Hace unos 19 meses, la terapeuta que trataba a mi hija estaba por cambiar de trabajo y me hizo una lista de lo que yo tenía que hacer para ayudarla. Lo que en realidad

me estaba diciendo era que el que necesitaba ayuda era yo, y que ella me estaba mostrando cómo encontrarla.Eso se llama establecer redes de contactos. Me explicó que mi hija necesitaba una evaluación y un diagnóstico y adónde ir para conseguirlos.Seguí sus sugerencias e hice varias llamadas. Una llamada me llevó a la siguiente. UMass, CANDO Clinic, DDS, SEPAC, Seven Hills… ¡muchísimas siglas más! Una cosa llevó a la otra, como si lo único que hacía falta era que yo tomara la iniciativa. SEPAC y Seven Hills me llevaron a HMEA, ARC, MFOFC y la Federación para Niños con Necesidades Especiales (FCSN). FCSN me dirigió a su programa de capacitación de defensores, PCTI, que a su vez me llevó al Centro de Llamadas de Turners Falls. Es por la Federación y por su Centro de Llamadas que hoy estoy escribiendo esta carta.Por eso, mañana voy a ir al Centro de Llamadas y estaré allí con Ingrid, la encargada, y los otros pasantes y voluntarios. He cumplido con las horas de mi pasantía y ahora estoy haciendo trabajo voluntario gratuito como defensor de padres. Voy a llevar copias del programa de

Continued on page 4

Networking: Help Your Child and Help Yourself (Cont’d)

FCSN and their call center is why I’m writing this.So I’m going to the Call Center tomorrow and will be there with Ingrid, who is in charge, and the other interns and volunteers. I’m past my intern hours and am now a volunteer doing Pro Bono hours as a Parent Advocate. In case we have time, I’m bringing copies of my daughter’s IEP for us to look at since we have an upcoming IEP meeting and one of Ingrid’s mottos is the more heads, the better, which means at the Turners Falls Call Center calls are conferenced and “round-tabled” and all opinions, ideas

and thoughts are heard before possible courses of action are discussed. As the calls come in, we’ll sigh and even almost cry sometimes, but as we do we’ll tell the parents how glad we are they reached out, that they’re not alone, that assistance is available. We’ll offer it in the context of Special Education law and we’ll provide available options as well as avenues for them to get further assistance, or, for them to network and see where the networking leads. For us, nineteen months later, my daughter is diagnosed, part of DDS and all its services. She went to camp this year, goes to vacation club during school holiday breaks, she has ABA services and a whole lot more.Me, I am part of our SEPAC Committee, I help out in my own way here at FCSN, at HMEA and Seven Hills. I know where to go when I need help, and when things are really tough, like I know they can get at times for all parents of children with special needs, I know who to call to talk to.I wish I wasn’t so shy. I wish it still wasn’t so hard for me to reach out for help. But when I look back at where my daughter was before I did reach out and where she is now, I can only say three words: Networking, Networking, Networking.FCSN, PCTI and FCSN Call Center are part of those three words.

Peter’s wife, Maria, and their daughter.

La FCSN y la importancia de establecer de conexionesPor Peter Weiss, Voluntario, Centro de Llamadas para Padres

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educación individualizado (IEP) para que, si hay tiempo, le echemos un vistazo, porque pronto va a haber una reunión del IEP y uno de los lemas de Ingrid es: “Cuantas más cabezas piensen juntas, mejor”. Esto significa que en el Centro de Llamadas de Turners Falls, las consultas se tratan en conferencia y en mesa redonda. Se escuchan todas las opiniones, ideas y puntos de vista antes de considerar los posibles cursos de acción. Cuando entran las llamadas, suspiramos y a veces incluso lloramos. Pero les decimos a los padres lo contentos que estamos de que nos hayan llamado, y les recordamos que no están solos y que hay ayuda disponible. Ofrecemos esta ayuda en el contexto de las leyes de educación especial, presentamos las diferentes alternativas y las maneras de encontrar asistencia adicional o de establecer conexiones y ver adónde los llevan. Nuestra hija, 16 meses más tarde, tiene un diagnóstico y recibe apoyo del Departamento de Servicios del Desarrollo. Este año fue a un campamento, durante los feriados escolares va a un club de vacaciones, y además recibe servicios de análisis aplicado de la conducta (ABA, por sus siglas en inglés) y mucho más.Yo formo parte de un Comité de SEPAC y ayudo a mi manera aquí, en la Federación, en HMEA y en Seven Hills. Sé adónde ir cuando necesito ayuda y cuando las cosas

se ponen muy difíciles, como sé que les ocurre a veces a todos los padres de niños con necesidades especiales, sé a quién llamar.Me encantaría ser menos tímido. Me encantaría que pedir ayuda fuera más fácil para mí. Pero cuando recuerdo la situación de mi hija antes de que buscáramos apoyo y veo como está ahora, sólo puedo decir: ¡Establezcan redes, hagan contactos!Y FCSN, PCTI y el Centro de Llamadas de FCSN son tres pilares fundamentales para esto.

La FCSN y la importancia de establecer de conexiones (contuando)

La esposa de Pedro y su hija

A FCSN e o networking

Durante anos observei a menina que mora do outro lado da rua pegar o ônibus escolar grande. Depois dela ir, eu colocava a minha filha, que hoje tem 11 anos, no ônibus escolar pequeno. Sempre esperava que o ônibus pequeno chegasse primeiro porque eu não queria que as crianças do ônibus grande olhassem pela janela e vissem a minha filha. E não queria que a minha filha visse o ônibus grande. Eu sempre me perguntava, e ainda me pergunto, será que ela entende a diferença? A verdade é que eu me encolhia de medo. Eu chorava. Ainda choro o tempo todo e tenho 69 anos.Meu nome é Peter. Minha esposa, Maria, e eu somos os pais de uma criança portadora de várias deficiências: ASD, ADHD, ID, DD, SD, ACC e muito mais...são muitas siglas. Eu não falo pela minha esposa, mas posso dizer que estou sempre consciente de como o mundo é diferente para as crianças com deficiências e para os pais das crianças com deficiências. Também falando por mim, sou uma pessoa com educação superior e diplomas avançados, mas não fui capaz de ajudar a minha filha ou até mesmo entender como começar defendê-la.Há cerca de 19 meses atrás, a terapeuta que estava tratando a minha filha estava indo embora do trabalho.

Ela fez uma lista de coisas que eu absolutamente tinha que fazer para ajudar a minha filha. O que essa terapeuta estava realmente me dizendo é que era eu quem precisava de ajuda e ela estava me mostrando como obtê-la.Isso se chama networking. Ela me disse que a minha filha precisava ser avaliada e diagnosticada e me explicou onde ir para fazê-lo.Fiz algumas ligações com base nas sugestões dela. Foram vários telefonemas: UMass, CANDO Clinic, DDS, SEPAC, Seven Hills. Também foram muitas cartas. Uma coisa levou à outra, se encaixando como num passo após o outro. SEPAC e Seven Hills levaram a HMEA, ARC, MFOFC, FCSN. A FCSN levou-me ao seu treinamento de defensores do PCTI, que levou ao Call Center da Turners Falls da FCSN. A FCSN e seu call center são o motivo pelo qual estou escrevendo agora.Amanhã estarei no Call Center com a Ingrid, que é a encarregada, e com os outros estagiários e voluntários. Eu já terminei o meu estágio e agora sou voluntário fazendo horas Pro Bono como defensor de pais. Vou levar cópias do IEP da minha filha caso tenhamos tempo para vê-lo, já que temos uma reunião do IEP em breve. Um dos lemas de Ingrid é que quanto mais cabeças, melhor. As

Por Peter Weiss, voluntário, centro de atendimento dos pais

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ligações ao Turners Falls Call Center são conferenciadas e ouvidas numa “mesa redonda” de modo que todas as opiniões e ideias são consideradas antes de um possível curso de ação ser discutido. À medida em que as ligações entram, nós suspiramos e às vezes quase choramos, mas dizemos aos pais que ficamos felizes deles terem ligado, que eles não estão sozinhos e que estamos dispostos a ajudá-los. Ofereceremos isso no contexto da Lei de educação especial e fornecemos opções, meios para receber mais assistência ou networking e ver onde a rede leva.Em nosso caso, depois de dezenove meses, minha filha recebeu um diagnóstico, faz parte da DDS e recebe todos os seus serviços. Ela participou de uma das colônias este ano, vai para o clube de férias durante as férias escolares, tem serviços ABA e muito mais.Por minha parte, participo do nosso Comitê SEPAC, ajudo do meu próprio jeito aqui na FCSN, na HMEA e na Seven Hills. Já sei para onde ir quando preciso de ajuda, e quando as coisas são realmente difíceis, como acontece com todos os pais de crianças com necessidades especiais, sei para quem ligar para conversar.Eu queria não ser tão tímido. Gostaria que não fosse tão difícil para eu buscar ajuda. Mas quando olho para trás, onde minha filha estava antes de eu procurar ajuda e onde ela está agora, só posso dizer três palavras: Networking, Networking, Networking. FCSN, PCTI e o Call Center da FCSN fazem parte dessas três palavras.

So you may have heard the phrase “wrap-around services” and wondered what it is all about. Wikipedia defines the process as, “During the wraparound process, a team of individuals who are relevant to the well-being of the child or youth (e.g., family members and other natural supports, service

providers, and agency representatives) collaboratively develop an individualized plan of care, implement this plan, and evaluate success over time.” But let’s break that down a little better.The concept is that all of the child’s service providers are no longer individual silos, but part of a team that “wraps” itself around the child and family. This team is coordinated by an Intensive Care Coordinator or ICC, who is a Masters level clinician who serves as the team leader. The ICC’s job is to gather information from all of the systems (Outpatient

Therapist, all other therapists, physicians, school, the family members, and anyone who knows and supports the child in any way), and to bring the team members together to work on assisting the family with the child’s current needs. The needs are broken down into tasks that each team member takes responsibility for assisting with until that task is completed.There are several important points to know which include (1) these are services available to children on MassHealth, (2) the child must be under 21 years of age, and (3) they must have a Severe Emotional Disturbance (SED). If you are the caregiver for a child who needs this type of assistance, or know of a child who would benefit from these services and more, you may be interested in our August webinar on Children Behavorial Health Initiative (CBHI) Services. You can view all RTSC webinar recordings on our website at:

https://fcsn.org/rtsc/archived-webinar-recordings/

By Mary-Beth Landy, Training and Support Specialist, Recruitment, Training, and Support Center (RTSC)

Let’s Talk About Wrap-Around Services

A FCSN e o networking (Cont’d)

Are you ready to take action?Contact us to get started.

781-559-8444www.bostonneuropsych.com

We help children of all ages overcome their limitations

and succeed in life.

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In the last edition of Newsline, I presented an overview of transition timelines for ages 14-17. In this edition, I am going to discuss timelines for ages 18-22. I decided to discuss the ages separately because of the significant changes that happen when a young person turns 18, also known as the “age of

majority”. This milestone is so significant that we partnered with the Department of Elementary and Secondary Education (DESE) to write a brochure to help families prepare for and navigate the changes that happen at the age of majority and beyond. You can read and download the brochure here https://fcsn.org/linkcenter/transition-resources/brochures/.When a young person turns 18 in Massachusetts, they are legally considered adults - with adult rights and responsibilities. Meaning: they can sign their own IEP, sign a lease, vote, or join the armed forces. There are many things for families and students to consider between the ages of 18 and 22.Here are some highlights by age:

Age 18• Before the student turns 18, the family and student

should discuss and (hopefully) agree on decision-making options around education, finances, healthcare, and independent living. Decision-making options can include:

• Healthcare Proxy• Joint/custodial bank account• Durable Power of Attorney• Trusts• Representative payee• Conservatorship• Guardianship

• Continue to help the student actively participate in his/her IEP meeting. The IEP will be more effective when the student is a part of planning their learning and postsecondary goals.

• IEP goals should reflect the student’s postsecondary vision and the services that the school will provide to help them achieve their goals.

• The team should discuss and agree upon anticipated date of graduation.

• Register all males for Selective Service.

• Apply for Section 8 Housing. • Help the young adult register to vote.• Continue to provide the student with vocational

experiences.• Continue to document progress toward goals and

skills development needs through assessments.• The family and student should start to research

and consider adult physicians and medical / mental health providers.

• Determine eligibility for adult services through the Massachusetts Rehabilitation Commission, Department of Developmental Services, Department of Mental Health, and/or Massachusetts Commission for the Blind.

Ages 19-22• If the student is staying in school until they turn 22,

adult services should be set up to start upon the student’s 22nd birthday.

• The student should be engaging in vocational experiences through school, MRC, and/or by volunteering in their community.

• Student and families should visit postsecondary training options, day programs, and other services and supports.

• If appropriate, the student should transition to adult medical providers including primary care physician, dentist, etc.

• Significant focus should be placed on getting out in the community, self-care, social inclusion, self-advocacy, self-determination, and independent living.

Timelines can be a great way to look into the future and know what tasks and challenges are ahead. Understanding the changes that come with the age of majority is critical and planning around decision-making will help for a smooth transition into adulthood. Please explore more detailed transition timelines by visiting the following links:A Family Guide to Transition Services in Massachusetts:h t tps: / / fcsn.org/ l inkcenter /wp-content /up loads/sites/25/2018/04/transition_guide_int.pdfThe Arc of Massachusetts, Transition from School to Adult Life Timelines: http://thearcofmass.org/wp-content/uploads/2014/09/Transition-Timeline-Factsheet-8_14.pdfA Resource Guide for Transition Aged Youth and Young Adults with autism Spectrum Disorder (ASD):https://www.mass.gov/files/documents/2018/02/15/resource-guide-transition-aged-youth-and-young-adults-

The LINK Center: Transition Timelines - an Overview for Ages 18-22By Nancy Mader, Director of Transition Projects

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The Federation is proud to have been selected for the Prudential Center’s 10th Annual “31 Nights of Light” event! Each night in December, the top of the tower will be lit a different color in support of the evening’s designated non-profit partner. 12/22 is our night, and we’ll light it up green! To celebrate, we’re inviting friends and supporters to join us for a FREE, family-friendly celebration at 4:00 pm on December 22. We’ll have food, entertainment, treats, and more, plus “Blades”, the Boston Bruins mascot and a special guest to “Flip the Switch” and turn on the tower’s lights.

If Boston is a bit too far, there’s another easy way to join the festivities! String up some green holiday lights, wear your favorite green pants, put a green bulb in your porch lamp, and share your photos on Facebook, Instagram, or Twitter! Our hashtag is #31NightsFCSN. We’ll feature your pictues on our website and social media accounts to shine a “light” on Massachusetts families.

The green heart in our logo represents our Special Education Parent Center: there at the very beginning of our organization, so it is fitting that we chose green as the color for “31 Nights of Light”. The Special Education Parent Center includes the Parent Consultant Training Institute (PCTI), the Parent Training and Information Center (PTIC), the LINK Center, and “SEPO” (an in-depth exploration of special education placement options). Perhaps most significantly, this Center encompasses the hard work of our fantastic outreach staff.Sites across the state will join in our celebration - we are still in the process of outreach, but current partners include the Zakim Bridge and Charlestown’s Schrafft Center. Is there a building or organization in YOUR community that would like to take part? Please email [email protected] with ideas! Whether your family participates in-person at the Prudential Center or remotely online, we appreciate your support - on 12/22 and every day! Help us shine the light on all Massachusetts families and Go GREEN with the Federation!

fcsn.org/31Nights • #31NightsFCSN

“Go Green” with FCSN!Shine a light on

Massachusetts families!

Go Green with FCSN on December 22!By Erin Anguish, Communications Coordinator

RSVP: fcsn.org/31nights#31NightsFCSN

“Blades”, the Boston Bruins mascot

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American students are increasingly funneled from public schools into the criminal justice system. Inadequate public education programs, zero tolerance policies, “tough on crime” attitudes, and the presence of law enforcement personnel (often termed “resource officers”) in public schools provide evidence of the significant change in how public schools have been addressing behavior issues in the classroom. A student’s first step into the criminal justice system is often suspension. Since the 1970s, suspension rates for all students have doubled. During the 2016-2017 school year, over 44,000 students in Massachusetts were suspended, with numerous school districts suspending between 10 and 20% of the entire student population. A disproportionate number of these suspensions affect students of color and students with disabilities. Students with disabilities are disciplined at twice the rate of their enrollment. In Massachusetts, 17% of all suspensions involved low-income Black or Latino students receiving special education – a rate ten times greater their enrollment. The vast majority of these exclusions were for non-violent, non-criminal, non-drug-related behaviors.In the context of these alarming numbers, it is critical to know the federal and state laws which help ensure that children with special needs are not punished for their disabilities and that inappropriate behaviors are properly addressed.

Which students are entitled to protection? The federal Individuals with Disabilities Education Act (“IDEA”) provides students with special needs protective rights around discipline. Students on IEPs and 504 plans are unequivocally entitled to IDEA’s protection. In addition, students who are not yet eligible for special education services are covered “if the school district had knowledge that the child was a child with a disability” before the behavior precipitating the disciplinary action occurred. 34 CFR §300.534.A two-part article that I and Sherry Rajaniemi-Gregg wrote for the spring and fall 2013 Newsline issues detail the

protections students with special needs have in discipline cases and some practical tips on dealing with discipline issues involving students with special needs. See www.kcslegal.com.For students who do not qualify for IDEA’s protective rights, there are also significant safeguards. Prior to 2012, public schools were empowered to permanently exclude students from public school and to withhold educational services. During the 2010-2011 school year, 200 students were permanently excluded from school. In 2012, Massachusetts enacted General Law chapter 71, §37H ¾ to address the high rates of exclusions and provide education services for excluded students. Under 37H ¾:

• Notice of the charges and reasons for suspension or exclusion must be given in the family’s language.

• The student has a formal right to be heard on the charges, including the right to meet with the principal. Except in exceptional circumstances, described below, this must occur before the exclusion.

• The parent/guardian must be at the meeting unless the school demonstrates that they had made reasonable but unsuccessful efforts to ensure their attendance.

• The principal must use his/her discretion on deciding on exclusion and must consider ways to re-engage students in the learning process.

• Students are not to receive a long-term suspension (more than 10 days) until other non-exclusionary methods have been tried, such as mediation, probation, loss of privileges, detention, and Saturday school. Students cannot be excluded from school for a cumulative total of more than 90 days.

• Students excluded for more than 10 cumulative days may appeal to the superintendent and must receive written notice of this right.

• The request for an appeal hearing must be made within 5 days, with the appeal hearing occurring within 3 days thereafter.

• The superintendent’s decision must be made within 5 calendar days.

Principals can exclude a student prior to a hearing only if there is a disciplinary offense and the continued presence of the student poses a danger to persons or materially and substantially disrupts the order of the school and, in the principal’s judgment, there is no alternative available to avoid the danger or disruption. Under these limited circumstances, this pre-hearing exclusion may not exceed two school days. One of the most significant changes brought about by 37H

The School to Prison Pipeline and Criminialization of Our SchoolsBy Daniel T.S. Heffernan, Board Member, FCSN; Parner, Kotin, Crabtree & Strong

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The Federation is pleased to announce a new website about what options are available by law for their child’s special education. We realized that there was a gap in our information for families who had children already on IEPs but continued to struggle in school, and sometimes at home too. Dr. Linda H. Bram, a psychologist who works with families of children with special needs, and a parent of children benefiting from special education services, has consulted with the Federation to create this site. Many parents may not know that special education laws require public schools to provide a continuum of placements for children with special needs. The options range from general education classrooms with in-class supports and pull-out services, to separate classrooms for children with a

certain challenge (such as dyslexia, autism, or emotional/behavioral difficulties), to Collaboratives, and private day and residential schools. Dr. Bram stated, “We wanted parents whose children were struggling, despite a strong IEP, to know what questions to ask and steps they can take if they want the IEP Team to consider another placement along the continuum. We want parents to feel less alone as they navigate a complex educational system. Parents deserve to be informed and empowered with knowledge about their child’s rights and the placement options that may be available.”You can find the website under the “Special Education” Projects section at fcsn.org/sepo. We welcome your feedback and questions.

New Material on FCSN.org: “Special Education Placement Options” (SEPO)

By Dr. Linda H. Bram

¾ is the requirement that all students who are serving any type of suspension or expulsion must have the opportunity to earn credits and make up work and academic progress. If the exclusion is longer than 10 consecutive days, schools must create a school-wide education service plan to address these needs. Students must be given at least two options for their plan. Since this law has taken effect there has been some lowering in the rates of suspension but the decrease has plateaued and exclusions remain at very high rates.There are many resources for students facing these disciplinary proceedings. The EdLaw Project is a statewide education advocacy initiative that includes a coalition providing legal representation to students in disciplinary proceedings. https://www.publiccounsel.net/edlaw/. Three publications by the Lawyers Committee for Civil Rights and Economic Justice, Measuring Up (a guidebook for school discipline rights and procedures), Not Measuring Up (2014), and Unfinished Business (2018). https://www.lawyerscom.org/. Daniel T.S. Heffernan is longstanding FCSN board member and a partner with Kotin, Crabtree & Strong where he concentrates on special education and civil rights law. He has represented numerous families with children with special needs in abuse, civil rights and negligence actions. More information on special education can be found on their website (www.kcslegal.com) and special education blog (www.kcsspecialeducationlaw.com)

The School to Prison Pipeline (Cont’d)

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Preparations are well underway for our 2019 Visions of Community (VOC) conference, an annual event offering networking and learning opportunities for families of children with special needs and the professionals who serve them! This year’s conference is slated for Saturday March 9, 2019, and will once again be held at Boston’s Seaport Hotel and World Trade Center (1 Seaport Lane).Workshop topics include family engagement, parent

advocacy, transition to adulthood, assistive technology, and more, with special presentations for those who speak Spanish, Chinese, Haitian Creole, Portuguese, and Vietnamese. ASL interpretation will be available, and we are also offering childcare on a first-come first-served basis. A very limited number of spots will be available, so register EARLY at fcsn.org/voc!

Registration opens on January 1, 2019!

By Erin Anguish, Communications Coordinator

Preparing for “Visions of Community” 2019!

Participants in our Youth Conference

Selfies at the conference! Somali VOC attendees

Memories from Last Year’s Visions of Community Conference

Nametags ready for pinning Exhibitors are a big draw at VOC Applauding our keynote speaker

Children’s books for sale Service dogs welcome! Our banner at the Seaport

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Ana Beatriz felt completely unprepared when she received her son Igor’s Autism diagnosis when he was three years old. Although she was a nurse, she understood very little about the condition and feared she would not be able to communicate with him. Originally from Colombia, Ana Beatriz felt alone and overwhelmed in this country as she fought to ensure that Igor got the services that he needed.

“Everything turned so dark for me,”she said.

Then Ana Beatriz was referred to the Federation’s Latino Outreach Coordinator. She attended FCSN workshops to learn about Igor’s diagnosis and received training on the special education process. She gained inspiration and strength from talking with other parents who had been through similar struggles and learned how to be an effective advocate for her son.

“The most important thing the Federation gave me was

the opportunity to educate myself about my son’s condition.

That changed everything.”Today, Ana Beatriz is raising Igor with the support of her

ex-husband William, Igor’s stepfather. Igor, now 25, is a musician and an artist who plans to study animation. His goal is to live independently. “Igor is the most amazing person I’ve ever seen” she says, beaming.

“When time goes by, you start to accept and understand and love

whatever life throws at you. At the moment it was so hard, but now I am

so grateful to have Igor in my life.”

By Mary Lewis-Pierce, Development Coordinator

Annual Appeal 2019: The Federation “Changed Everything”

William, Igor, and Ana Beatriz

Help us continue “changing everything” for families across the state:

Contribute to the Federation’s Annual Appeal today!

fcsn.org/donate

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The Schrafft Center529 Main Street, Suite 1M3

Boston, MA 02129

617-236-7210 Voice/TTY | MA Toll Free 800-331-0688 | Western MA 413-323-0681 | www.fcsn.org | [email protected]

FEDERATION FOR CHILDRENWITH SPECIAL NEEDS

“The most important thing the Federation gave me was the

opportunity to educate myself about my son’s condition. That changed everything.”

ANNUAL APPEAL

fcsn.org/donate

I N F O R M I N G , E D U C A T I N G , E M P O W E R I N G F A M I L I E S