DO VOLUNTARY ADMISSIONS REALLY EXIST?

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

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

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

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

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

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

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran & Associates LLC

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

GUARDIANSHIP OF AN ADULT IN MASSACHUSETTS

A guardianship is a legal relationship in which the court appoints a person (the guardian) to care for another, often called the “incapacitated person.” A guardian may be appointed for a minor when the parents are deceased, unfit or incapacitated, or for an incapacitated adult. A guardian must be at least 18 years old and does not need to be related to the incapacitated person.

The types of decisions a guardian can make depends on the guardianship order. If the guardianship is general, the Incapacitated Person no longer has the authority to make decisions about their own healthcare, support, education and welfare. A limited guardianship, however, may allow the Incapacitated Person to participate in decision making to the extent they are able. A limited guardianship can be limited to certain decisions, such as medical decisions, or decisions about where the person will live, and the incapacitated person retains decision making power in all other areas not included in the guardianship. Under Massachusetts law, all guardianship should be limited to the extent possible.

A guardian is required to consider the incapacitated person’s desires and personal values in decision-making. The guardian is also required to help the adult to develop or gain the capacity to manage her own personal affairs. The authority of a guardian differs from a conservator in that a conservator makes legal decisions about a person’s property and financial matters. Sometimes an incapacitated person will have both a guardian and a conservator but this is not true in every situation. The guardian and conservator can be the same person but that is not a requirement.

Sometimes a guardianship is the right choice. However, there may be less restrictive options for the incapacitated person that could be explored. Some less restrictive options include Advance Directives – Health Care Proxy and/or Durable Power of Attorney, Supported Decision Making, as well as Trusts to name a few.

Have questions or concerns about whether or not a Guardianship is the right option for a loved one? Contact us to discuss further:

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

WHY DO YOU NEED A DURABLE POWER OF ATTORNEY?

A durable power of attorney is a document in which you appoint an “attorney-in-fact also sometimes called an agent” to do anything on your behalf that you, the “principal” could do for yourself. The attorney-in-fact, in effect, stands in your shoes and acts for you on financial, business and other matters. Your attorney-in-fact can be any competent adult that you trust.

Giving someone a power of attorney does not limit your rights in any way. It simply gives the other person the power to act when you cannot. Your attorney-in-fact would be your fiduciary. A fiduciary is a person who is held to a high standard of good faith, fair dealing and undivided loyalty to the principal. The attorney-in-fact must always act in the principal’s best interest. The attorney-in-fact should keep complete records of what they do in case there are any questions of impropriety or bad faith dealing.

A power of attorney normally, takes effect as soon as the principal signs it. Most people do not intend that their durable power of attorney be used until they are incapacitated. The principal should discuss this with their attorney-in-fact so that both parties are clear on what the principal’s wishes are so that they can be carried out without delay or question. 

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

Your Durable Power of Attorney should be updated every 3-5 years or as soon as possible after a major life event (i.e. marriage, divorce, birth of a child, death of a family member, etc.)

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

E.M. Curran & Associates LLC

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

Early Intervention vs. Special Education - Why 3 is an important age.

Not every child who receives Early Intervention will receive Special Education Services. So how do you know what to do and when to ensure your child receives every education opportunity they should receive? There are several topics and areas to be aware of while navigating this process. Here are just a few of them. 

The differences between Early Intervention and Special Education

• Early Intervention is family centered while Special Education is child centered.

• Early Intervention services are for  children up to age 3 with developmental delays. 

• Special Education is for children, with specific diagnoses listed in the law, from age 3 to 22 who need specialized instruction to make effective progress and/or related services to access the curriculum. 

Transition Planning Conference

There are 5 transition steps from early intervention to special education services. The Transition Planning Conference is just one of those steps. 

• Occurs between 2.3 and 2.9 years old

• Includes Early Intervention and school staff

• Special Education eligibility is NOT determined at this meeting (that only happens at a school district Team meeting).

• Discuss concerns about your child and evaluation process

• Ask about signing a consent form for school to perform an evaluation. 

The special education eligibility

1. Does the child have a disability listed in the law?

2. Is the child making less progress over time than same age peers?

3. Does the child require specially designed instruction and/or related services to make effective progress?

ALL 3 answers must be YES to receive special education services. You do have rights if you disagree with the outcome. 

Contact Attorney Curran to discuss in more detail what you should do if you believe your young child may need Special Education services. 

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

WHY DO YOU NEED A HEALTH CARE PROXY?

A Health Care Proxy is a simple legal document that allows you to name someone you know to be your Health Care Agent. This should be a trusted person as they will make health care decisions for you if, and only if, you are unable to make or communicate those decisions for yourself.

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

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

Once you execute your Health Care Proxy, keep the original for yourself in a safe place. Then distribute copies to your primary care doctor, your Agent and any alternative Agent identified in the Proxy. This way if there is an emergency, there will be no delay in your Agent’s authority being recognized.

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

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

E.M. Curran & Associates LLC

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

What is a 504 Plan?

What is a 504 Plan?

Section 504 plans get their name from Section 504 of the Rehabilitation Act of 1973, which is a federal law designed to prevent any student with a disability from discrimination due to their disability. Students who qualify for a 504 plan cannot be denied the opportunity to participate in any aid, benefit, services, and/or activities that are available for students without disabilities and must receive a “free and appropriate public education” (FAPE). This includes school sponsored non-academic and extracurricular services and activities. 

Who is eligible for a 504 Plan?

Under the federal and state special education laws, a student is deemed eligible for an IEP after a two-pronged test:

1) Does the student have a recognized disability?
2) Is the student not making effective progress because of the disability, or does the student need specialized instruction and/or related services to make effective progress in the general curriculum?

If the answer to both tests is “yes”, an IEP is required. If not, a Section 504 plan may be considered.

To be eligible for individualized assistance under Section 504, a student must have a disability that “substantially limits” one or more “major life activities.” The major difference between a 504 plan and an IEP is that, for a 504 plan, the student does NOT need specialized instruction to make effective progress. Instead, the student may need only accommodations (such as additional time, special seating, or sensory breaks) and/or related services (such as a reading program, speech and language services, or occupational therapy) in order to access the general curriculum.

How does a 504 plan differ from an IEP?

• There is no accountability for the goals, accommodations, etc. being implemented and achieved. 

• There is no requirement that the 504 plan be written.

• There is no requirement for progress reporting during the school year. 

• There is no requirement to do transition planning for the student. 

• There are no disciplinary protections for the student for any behavior and/or conduct violations. 

• The individual is entitled to lifetime access to any program or activity that either receives Federal funding or is conducted by an Executive agency or the United States Postal Service. 

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

E.M. Curran & Associates LLC

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

The importance of Estate Planning

If you die without any estate planning documents, the State will step in and decide how your assets will be distributed to those who survive you.

Massachusetts Intestacy Statute

 Under G.L. c.1908,§ 2-102 (http://bit.ly/2DV3nkQ): 

• The surviving spouse receives the entire estate if the decedent is not survived by descendants or parents, or if the only descendants are also descendants of the surviving spouse and the surviving spouse has no other descendants.

• The surviving spouse receives the first $200,000 plus ¾ of the balance of the estate, if decedent is not survived by descendants but is survived by a parent.

• The surviving spouse receives the first the first $100,000 plus 1/2 of any balance of the estate in all other scenarios.

IF you want to make sure your estate goes to specific people, you need to have a written will that is properly executed and witnessed.

Contact Attorney Curran to discuss your options: 

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
ellen@emcurranlegal.com

FIVE REASONS YOU SHOULD UPDATE YOUR WILL

What is a Will?

• A will can fulfill several purposes. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets.

• The will nominates a Personal Representative who will guide the estate through the probate process.

• If there are minor children involved, the will also nominates a Guardian(s) or Conservator(s).

• The will may make specific bequests; dispose of tangible personal property, and also of the ‘residue’ of the estate.

• If you die without any estate planning documents, the State will step in and decide how your assets will be distributed to those who survive you, in accordance with the then existing intestacy laws

When should I update my Will?

Here are at least five reasons why you should update your will:

1. The People you named predeceased you.

2. You have either given Birth or Adopted a Child(ren) that needs to be identified.

3. You have either gotten Married or Divorced.

4. Your children are no longer minors but are now adults.

5. Your relationships with the people you named has changed.

Any material change in your life should prompt you to update your Will. In any event, it is recommended that you review your at least every 5-10 years.

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

MEDIATION 5 reasons why you should you try it.

1.    Mediation is fair and neutral.

Parties have an equal say in the process and they, not the mediator, decide the terms of the settlement. There is no determination of guilt or innocence in the process.

2.    Mediation saves time and money.

Mediation usually occurs early in the charge process, and many mediations are completed in one meeting. Legal or other representation is optional but not required.

3.    Mediation is confidential.

All parties sign a confidentiality agreement. Information disclosed during mediation will not be revealed to anyone.

4.    Mediation avoids litigation.

Mediation costs less than a lawsuit and avoids the uncertainty of a judicial outcome.

A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution. Mediation can resolve all issues important to the parties, not just the underlying legal dispute

5.    Mediation improves communication.

Mediation provides a neutral and confidential setting in which the parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to mutually satisfactory resolutions.

Did you know there are different kinds of mediation? Some mediators focus their work in just one or two areas so that they are well versed in the potential issues and solutions that may rise in that specific kind of dispute. For example, you can use a mediator who specializes in Divorce or Permanency mediation. It does not hurt to ask the other parties if they would be open to mediating so that the resolution is a collaboration versus an order that may leave one or more parties unsatisfied.

Have questions about whether or not mediation may be the right for your dispute? Contact us to discuss further:

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

With the start of a new school year, here are some reminders about IEPs.

Remember, you can request a meeting to discuss your student’s IEP at any time. So take some time at the start of the school year to review their IEP. What worked for them last year? What didn’t work? Is it time to ask the team to come back to the table to see if some changes can be made?

Who is the IEP Team?

According to IDEA 2004, Section 1414(d)(1)(B), the IEP team includes: 

(i) the parents of a child with a disability;

(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment;

(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;

(iv) a representative of the local educational agency . . .

(v) an individual who can interpret the instructional implications of evaluation results . . .

(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(vii) whenever appropriate, the child with a disability.

Parent/Student Concerns Statement

The district needs to include this statement in its entirety as written by the parent/student. Take some time and really think about it. Prepare it in advance and either email it to the proper person or bring a copy to the IEP meeting so they can incorporate it.  Include your greatest concerns, hopes for the student’s accomplishments, concerns regarding the student’s services and/or concerns regarding last year’s IEP. Try and keep this statement as clear, complete but concise as possible. It should not a recap of the child’s entire educational history but a good overview. Try and incorporate some positive statements so that this statement is not perceived as being completely negative or argumentative.

To accept or reject the IEP

It is never advisable to reject the IEP in full. If you reject the IEP in full then the student is no longer eligible for Special Education. The best option is to accept in part and reject in part. It is always better for the student to receive some services (versus none) while the parties work out any conflicts. The District must report a partially or fully rejected IEP to DESE. DESE will send a letter to the parent outlining options to resolve the issues. If a response to a proposed IEP is not received within 30 calendar days, it is considered rejected.  

Student Participation

Students are the focus of special education and, as they grow, students are expected to participate in planning for their own future as much as possible. Students at age 14 are entitled to participate in all Team Meetings. Students at age 18 are adults under Massachusetts law and assume all rights formerly held by their parents for participation and decision making. The student at age 18 will be given the option of assuming all responsibilities, delegating decision-making to their parent/guardian or sharing decision-making with their parent/guardian.

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

REMOTE LEARNING OPTIONS FOR SY 2021-2022 IN MASSACHUSETTS

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

First.

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

 Second.

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

 Third.

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

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

PETS AND ESTATE PLANNING

If you have pets, there is good reason to be concerned about what happens to them after you pass away. For some of us, our pets are like family. Many times after an owner dies, the personal representative and/or heirs will surrender the pets to a local animal shelter. Sadly, many of our pets are not able to find new ‘forever’ homes.

So what can you do to ensure your pets are cared for?

Select Care Takers

Start by determining who will care for your pet if something happens to you. This could be a spouse, a child, another relative or a friend. Discuss your wishes with your chosen caretaker. Make certain they agree to assume responsibility for your pet. If no one in your life fits the bill, consider a local or national charitable or humane organization.

Determine the Yearly Cost to maintain and care for your Pet(s)

Include language in your Last Will and Testament

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate,

In addition to providing the name and address of a trustee and successor trustee, a caregiver and successor caregiver (all of whom can be corporations and/or individuals) you will be asked to provide enough information to:

• Adequately identify your pets in order to prevent fraud, such as through photos, microchips, DNA samples, or alternatively, by describing your pet as a “class”—in other words, as “the pet(s) owned by you at the time of your illness/death;

• Describe in detail your pet’s standard of living and care;

• Require regular inspections of your pet(s) by the trustee;

• Determine the amount of funds needed to adequately cover the expenses for your pet’s care (generally, this amount cannot exceed what may reasonably be required given your pet’s standard of living) and specify how the funds should be distributed to the caregiver;

• Determine the amount of funds needed to adequately cover the expenses of administering the pet trust;

• Designate a remainder beneficiary in the event the funds in the pet trust are not exhausted;

• Provide instructions for the final disposition of your pet (for example, via burial or cremation).

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

E.M. Curran Legal LLC

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

WHAT RIGHTS DO YOU HAVE WHILE A PATIENT AT A MENTAL HEALTH FACILITY?

While patients at inpatient mental health facilities do not have all the same rights that people have in the community, certain basic rights are protected. We will discuss SOME of the rights protected by the Massachusetts statute commonly called G.L. c. 123 s. 23 below.

FIRST, you have the right reasonable access to a telephone to make and receive confidential telephone calls. If you have trouble making your telephone calls, you can ask for and have a reasonable expectation to assistance when desired and necessary to implement such right.

SECOND, you have the right to “send and receive sealed, unopened, uncensored mail; provided, however, that the superintendent or director or designee of an inpatient facility may direct, for good cause and with documentation of specific facts in such person's record, that a particular person's mail be opened and inspected in front of such person, without it being read by staff, for the sole purpose of preventing the transmission of contraband.”

THIRD, you have the right to have access to reasonable quantities of writing materials and postage stamps. If you ask for reasonable assistance the staff at the facility shall provide it to you in the form of writing, addressing and posting letters and other documents upon request.

FOURTH, you have the right to have visitors daily, and in private, at reasonable times.

** The facility may limit visitors due to the pandemic and other safety concerns.

FIFTH, you have the right to a humane psychological and physical environment.

**“Each such person shall be provided living quarters and accommodations which afford privacy and security in resting, sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting. Nothing in this section shall be construed to require individual sleeping quarters.”

SIXTH, you have the right to reasonable daily access to the outdoors, as weather conditions reasonably permit, at inpatient facilities in a manner consistent with the person's clinical condition and safety as determined by the treating clinician and with the ability of the facility to safely provide access.

The First, Third and Sixth items listed above MAY BE temporarily suspended, by specific designated people at the facility, if the patient’s exercise of such right would present a substantial risk of serious harm to such person or others and that less restrictive alternatives have either been tried and failed or would be futile to attempt. The suspension shall last no longer than the time necessary to prevent the harm and its imposition shall be documented with specific facts in such patient's record.

Otherwise, the facility should not deny a person these rights because they are exercising a protected choice, such as refusing medication. Additionally, a facility should not deny these rights as a form of punishment.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran Legal LLC

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

INITIAL EVALUATIONS, REEVALUATIONS AND IEP TEAM MEETINGS

DESE shared some suggested recommendations in regards to Initial Evaluations, Reevaluations and IEP Team Meetings recently.  They acknowledge that due to the unexpected closures of in-person learning in the Spring that many annual review Team meetings, evaluations and/or parts of evaluations may have been postponed. That means that most districts have a backlog of both assessments and meetings that need to be addressed while at the same abiding by the existing deadlines/times lines for annual review Team meetings and evaluations for students who are newly referred and/or due for an evaluation.

What does this mean for you?  

IEP Teams must continue to conduct annual review Team meetings as they are due.

Districts are advised to update the IEP as though the student will be attending school full time in-person; however, given the unpredictable nature of the COVID-19 virus, schools and districts must be prepared to be adaptable in their approach to delivery of IEP services, based on the current health information and trends at that time. As was the case when schools closed in March, any changes to service delivery should be documented in writing to the parent.

It is important to note that a change in the delivery of services due to a school’s change in learning model, in-person, hybrid or remote, as a result of COVID-19 does not result in a change in placement. The services outlined in the IEP remain and are considered “stay-put.”

Schools and districts must maintain open communication and collaboration with families as they respond to the trajectory of the virus and make decisions about the opening and/or closing of school buildings and settings and the learning models to be utilized

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

COVID 19 COMPENSATORY SERVICES ("CCS")

What are COVID-19 Compensatory Services (CCS)?

They are services that a student’s IEP Team determines are needed to remedy a student’s skill or knowledge loss or lack of effective progress that resulted from delayed, interrupted, suspended, or inaccessible IEP services because of the emergency suspension of in-person education related to the COVID-19 pandemic.

Who decides if the Student needs CCS?

The DESE recommendation stated “[i]f a student does not receive services after an extended period of time, the student’s Team … must make an individualized determination whether and to what extent compensatory services are needed, consistent with … applicable requirements, [i.e., IEP Team requirements and individualized decision-making] including to make up for any skills that have been lost.”

Using data available from multiple sources, IEP Teams should determine whether, and to what extent, the student recouped the lost skills and/or behaviors or has made effective progress, and whether and to what extent the student needs CCS.

Determinations of CCS by the IEP Team must be based on information provided by the parents and data and information available from other sources, and be information-based, individualized determinations.

CCS are not necessarily a 1:1 correspondence to missed IEP services but are identified following the individualized determination of a student’s need.

Which students should be prioritized?

First, students with disabilities who did not receive or were unable to access any special education services during the suspension of in-person education are likely to require CCS and should be prioritized.

Second, other students with IEPs, including students with significant and complex needs, are also likely to require CCS and should also be prioritized for consideration.

What should all parents/guardians know about CCS?

CCS may be made available to students with disabilities and students without disabilities who need it to address educational and social-emotional needs and reorient them to learning.  

Most CCS for students with IEPs will be to remedy a skill or knowledge loss or lack of effective progress due to delayed, interrupted, suspended, or inaccessible IEP services because of the emergency suspension of in-person education related to the COVID-19 pandemic.

New IEP Services:

CCS should be added as new IEP Services.

DESE recommends that CCS determinations be made as soon as possible but not later than December 15, 2020. This is to allow both students and staff to acclimate to the new instructional environment this fall.

For all other students who are not in the priority groups, the individualized determination of the need for CCS will be informed by a period of initial observation, a period of re-acclimation to learning, and a review of data on recovery of learning loss and progress.

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

SPECIAL EDUCATION IN MA WITH COVID

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

Delivery of IEP Services

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

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

Promoting Inclusive Services and the Least Restrictive Environment (LRE)

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

What does that mean?

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

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

Parent Engagement

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

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

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

Monitoring Student Progress

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

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

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

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

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

Learning Models

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

Full-time In-person Learning

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

Remote Learning

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

What must remote learning models include now?

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

• Remote academic work aligned to state standards; and

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

What can Parents/Guardians expect in regards to communication?

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

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

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

Hybrid Learning

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

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

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

SPECIAL EDUCATION DURING THE COVID CRISIS IN MASSACHUSETTS

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

DO SCHOOLS NEED TO PROVIDE SPECIAL EDUCATION SERVICES DURING THE COVID CRISIS?

The short answer is yes.  Your student cannot be excluded from school, including remote or online school, because of a disability. Schools must use technology that is accessible, or else provide equally effective alternative options (i.e. 1:1 phone calls, work packets, or other resources.)

But parents/guardians need to acknowledge that schools may not be able to provide all services in the manner they are typically provided pursuant to students’ IEPs. Many specialized instructional opportunities and related services may be modified to be effectively provided by mailing resources and supports to students or it may be delivered online or telephonically. Some examples of specialized instruction include accessible reading materials, speech and language services through video conferencing, and videos with accurate captioning. Moreover, districts may continue to implement many of the accommodations on a student’s IEP, such as extensions of time for assignments, large print, and use of speech-to-text and other assistive technology.

During this period of school closure, districts should make every effort to use creative strategies to provide special education instruction and services to the extent feasible. Moreover, any educational opportunities offered to the general student population, including enrichment activities and resources, must be made accessible to students with disabilities. 

IEP MEETINGS:

IEP meetings should still be scheduled and happen remotely (i.e. via video or phone conference). Interpreters for parents whose primary language is not English and accommodations for parents must still be provided. You are not required to participate in a remote meeting. If you decide you want a ‘live’ IEP meeting, you and the IEP team may agree to reschedule.  If your student’s IEP expires during the school closure, it will remain in effect until a new IEP is developed and accepted.

FREQUENCY OF COMMUNICATION:

School districts should ensure that an IEP Team member (e.g., classroom teacher, special ed teacher or other service provider) communicates regularly with parents and guardians during the period of school closure. The frequency and type of communication will vary depending on the student’s individual needs, the availability of the team member, and the mode of communication utilized. This ongoing communication will help educators and parents/guardians develop a plan for students to receive as much individualized instruction and related services as is feasible through distance learning or other remote learning opportunities. Communication will also promote and sustain important connections between students and their teachers, a source of vital support and stability for students.

EXPECTATIONS:

The closing of your student’s school may cause them to regress if they do not receive all the services, they are eligible for under their IEP or 504 Plan. This means your student may be eligible for compensatory education services. Once school resumes, the school will be required to review how the school closure impacted your student. The school will then make an individualized determination as to what compensatory services are needed to provide FAPE. If you think your student may need compensatory services when schools open, we recommend that you keep a written record of all communication with the school.

IF YOU HAVE A PROBLEM WITH YOUR STUDENT RECEIVING SPECIAL EDUCATION SERVICES:

The Department of Elementary and Secondary Education has a Problem Resolution Hotline. Their number is 781-338-3700. They encourage parents with concerns about receiving services, while school is closed, to call the number.

ONLINE TOOLBOX FOR PARENTS OF STUDENTS WITH DISABILITIES

Here is the state’s new Resource Toolbox for parents of students with disabilities. The Department of Elementary and Secondary Education is working on translating the toolbox and will put it online once it is done being translated.

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

E.M. Curran Legal LLC

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

ellen@emcurranlegal.com

GENERAL EDUCATION DURING THE COVID CRISIS

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

SCHOOLS ARE CLOSED FOR THE REMAINDER OF THE SCHOOL YEAR

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

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

2020 MCAS REQUIREMENTS

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

FOOD INSECURITIES:

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

                  Project Bread's FoodSource                                 Food for Free

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

 EXPECTATIONS:

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

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

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

E.M. Curran Legal LLC

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

IF I DIE WITHOUT A WILL WILL THE GOVERNMENT TAKE MY ASSETS?

The quick answer is No.

If you do not have a will when you die, you are considered to have died “intestate.” When this happens intestacy laws of the state where you reside, like Massachusetts, will determine how your property is distributed upon your death. This includes all your assets, bank accounts, real estate, etc.

Massachusetts Intestacy Statute

• If you are married, there are a few different scenarios that state how much the surviving spouse would receive.

• If you are not married, everything goes to your next of kin. Your next of kin are the people who have the closest blood relation to you. It could include aunt/uncles, nieces/nephews, cousins and other distant relatives.

Generally, if you had no relatives at the time of your death, only then will the entire estate go to the state.

What if I’m in a relationship but we are not married to each other?

Your surviving girlfriend/boyfriend, would not inherit your estate if there is no will. Unless there is a valid will which clearly states how you had intended to distribute your property, your property will be divided among relatives, depending on their relationship to you, as mentioned above.

If you want to be able to decide what happens to your assets once you are gone, take the time to speak to an Attorney. They will be able to help you draft a Last Will and Testament that sets forth your intentions.

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

E.M. Curran Legal LLC

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