YOUR #1 NEW YEAR'S RESOLUTION SHOULD BE GETTING YOUR ESTATE PLAN IN ORDER

So have you ever stopped to think about what will happen if you die? Now I'm talking about the philosophical argument about heaven/hell. I'm talking about what will happen to the people and things you leave behind? Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your minor children and your worldly possessions. Wouldn't you rather be in control of what happens? 

In general, most estate plans will include at a minimum a combination of the following legal documents:

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.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your  estate planning options: 

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

Happy Kwanzaa!

Merry Christmas!

"EFFECTIVE" COMMUNICATION TIPS

Pick up almost any parenting magazine and you'll read that when parents are involved in their child's education; their child does better in school.  So what are some tips and tricks to make sure you are appropriately involved and effectively communication with your child's classroom teacher and/or supports? 

Start each new school with a positive presumption that the school, the teachers, and any/all of the supports that interact with  your child has the best intentions towards your child. Remember no one goes into education with the intention of harming or otherwise interfering with a child's potential. 

By being an active and better listener. Try and improve the communication you are having with people. Always be mindful of the forum that that conversation is happening (i.e. Email, text, phone, face-to-face). Sometimes we misconstrue meaning and tone when its written so don't jump to conclusions - ask for clarification.  (i.e. I just don't understand what you are saying. Can you explain it in a different way or provide an example?)

Be open with you child's teacher - tell them about your child's strengths/weaknesses as a student; what do they like/dislike about school, what motivates your child when they are having difficulty. Don't paint an unrealistic or slanted  description of your child. Tell them what your hopes are for your child as well as your fears. Early in the school year, establish regular avenues of communication - maybe its a weekly email, notes back and forth in your child's daily planner or whatever else is most convenient for you and the teacher.  Be realistic with your expectations! Your child's teacher means well and will try their best but they have a lot of things to accomplish in a day. 

If there is a disagreement - stay focused on the child, focus on positives/strengths, be clear about goals, listen, ask questions and clarify. Try to break the tension by asking How and What questions... how can we provide more supports so that she is not out of her Reading class daily?  What are some of Jane's skills in reading that we we can build upon to strengthen her skills in....? 

Acknowledge the effort of others. Negotiate. Be honest. Don't interrupt or talk over people. Talk with the people involved, not at them. Summarize your meeting (at the end of the meeting and follow up with an email that summarizes what you think was agreed to etc.) 

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

E.M. Curran & Associates LLC

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

TESTS RELATED TO READING

Many children have difficulty with reading, writing, or other learning-related tasks at some point, but this does not automatically mean they have learning disabilities. A child with a learning disability often has several related signs, and these persist over time. The signs of learning disabilities vary from person to person.

Here is an incomplete list of some of the COMMON signs that a child MAY have learning disabilities:

• Problems staying organized.

• Poor coordination.

• Problems with math skills.

• Difficulty with reading and/or writing.

• Problems paying attention (staying focused).

• Difficulty remembering information and time-related skills/tasks.

• Trouble following directions.

If your child is having difficulty with reading and has some of the common signs identified above, speak to their teacher about having them evaluated. 

Reading is considered by many to be the most important literacy skill. When your student is in the elementary grades, most of their school day focuses on skill acquisition in reading. When your student moves on to junior and high school, it is presumed that they have reading skills. Your student receives the majority of their content subject information via reading. 

Reading is often an area of difficulty for students with disabilities. Young students may not learn the basic skills of reading at the expected rate; they may fall behind their classmates in their ability to decode and understand the written word. Older students who struggle may lack the skills needed to use reading as a tool for learning other skills and subjects.

Reading should be an area of major concern in special education assessment.  The Team should be asking “What is the student’s current level of reading achievement?” and “What are the student’s strengths and weaknesses in the various skill areas of reading?” The student’s reading skills should not be assessed solely to determine eligibility for special educations services but also for planning instruction… what does the student need to be successful?

INFORMAL ASSESSMENTS

Informal assessments of a student’s ability to read happens daily and across the subject matters in both general and special education classes. For questions about the mastery of specific academic skills, such as reading; the most valuable information sources may be criterion-referenced tests, informal inventories, classroom quizzes and teacher checklists. Please note that informal assessments may not be used to determine if a child is eligible for special education.

There are several informal assessments that can be used to evaluate a student’s reading ability. Speak to your student’s teacher(s) and/or the Team about a more inclusive assessment of the student’s strengths and weaknesses.  For example, the classroom teacher can do an informal reading inventory (IRI).IRIs assess both decoding and comprehension skills. They are made up of graded word lists and reading selections that he student reads orally. The tester notes any decoding errors and records the student’s answers to the comprehension questions accompanying each reading section. The results can be used to identify the student’s current reading skills in comparison to their current grade level.

Another tool that many classroom teachers use are checklists. The checklist can have any mixture of reading skills listed such as decoding, comprehension, silent reading, or oral reading. The results can help the teacher identify the student’s weaknesses and areas of need. The checklists can also be used later to help monitor progress in the development or improvement of these ‘areas of need.’   

Finally, another tool that can be quickly used by a classroom teacher to assess a student’s oral reading fluency, or the rate at which students are able to accurately decode words in oral reading tasks is by the use of CBMs or Curriculum-Based measurements. The classroom teacher can use any material, including the textbook, and ask the student to read a section aloud. While the student reads aloud the teacher will time and note any errors. If CBMs are done regularly the data can be tracked to show any progress being made by the student.

FORMAL ASSESSMENTS

There is a wide array of formal assessments that can be used to assess a student’s reading ability. This article is going to highlight just two of them as it would be impossible to identify and discuss all of them adequately. With any type of measure, the assessment tasks must be compatible with the skills of the student. No student should be asked to attempt tasks clearly above their current functioning level. The tools used should reward the student’s strengths rather than punish their weaknesses.

The Woodcock Reading Mastery Tests, Third Edition (WRMT-III). This test is made up several sub-tests that evaluate skills such as letter identification, word identification, phonological awareness and word comprehension. It helps to identify a student’s strengths and weaknesses in reading.

The Gray Oral Reading Tests, 5th Edition (GORT-5). This test has to versions, Form A and Form B. Each form contains 16 developmentally sequenced reading passages with five comprehension questions each. It helps assess a student’s ability to read passages aloud quickly and accurately with adequate comprehension.

WHAT CAN YOU DO TO HELP? 

Make reading fun again for your student. Read with them daily. If they are older, have a time during the day where everyone stops and reads and then after a set time, everyone discusses what they read with the others.  There are many studies that show when children read to animals, they are less self-conscious. So if you have an animal, encourage your student to read to them. Look into programs at your local library that encourage reading and teach children that reading is a fun activity. 

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

E.M. Curran & Associates LLC

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

Happy Hanukkah

WANT SOME LEGAL ASSISTANCE BUT NOT A FULL-TIME LAWYER?

If you have ever tried going it alone and represented yourself in a legal matter before, you were called a pro se party. As a pro se party you had to figure out for yourself, the legal system as well as all the ins and outs of the rules and pleadings that were necessary. E.M. Curran & Associates LLC can help you with your legal matters in a limited capacity this is called Limited Assistance Representation or L.A.R.  We can provide guidance on the rules of the court, help you fill out forms, review documents and give you feedback, help you draft responses and/or motions, and in some instances we can appear in court with you to help you with a certain part of the case.

Click here to read more about Limited Assistance Representation in Massachusetts

Limited Assistance Representation is much more economical and cost-efficient. The attorney and party enter into a detailed agreement defining what specific and limited tasks the attorney will be responsible for and what tasks the party will be responsible for. Rather than paying for months or even years of legal representation, you can seek legal advice for select issues or tasks such as but not limited to:

1. Document review: thoroughly review documents, pleadings and other written materials and discuss and explain the content to you.

2. Consultation/Coaching: evaluate, analyze and help develop a strategy for a particular situation; given you legal advice and inform you of your options.

3. Specific Services: assist you with a specific service such as ghost-writing a response/letter or legal research about the laws and the relevant cases.

4. Limited-Scope Attorney Appearance: in very limited instances we can appear in court with you to help you with a certain part of the case.

Contact Attorney Curran to discuss any legal issues you may:

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

HAPPY THANKSGIVING FROM ALL OF US AT E.M. CURRAN & ASSOCIATES LLC

TESTS RELATED TO WRITING AND SPELLING

Many children have difficulty with reading, writing, or other learning-related tasks at some point, but this does not automatically mean they have learning disabilities. A child with a learning disability often has several related signs, and these persist over time. The signs of learning disabilities vary from person to person.

Here is an incomplete list of some of the COMMON signs that a child MAY have learning disabilities:

• Problems staying organized. 
• Poor coordination.
• Problems with math skills. 
• Difficulty with reading and/or writing.
• Problems paying attention (staying focused).
• Difficulty remembering information and time-related skills/tasks.
• Trouble following directions.

If your child is having difficulty with writing and spelling and has some of the common signs identified above, speak to their teacher about having them evaluated. 

Written language is a basic method of communication in our society. As adults, we are all expected to be literate. Literacy includes not only the ability to read but the ability to write. Writing as a skill is taught to us as students in elementary school.  Students are expected to master the language, which is a system of communication using symbols (the alphabet), and composition, which is the process the students uses to create a written product. The act of writing and spelling requires the student to focus, use their memory, processing speed and handwriting. If your student has poor written expression skills, they will have difficulty with almost every task asked of them in their daily school routine. 

Signs and symptoms of written language disorders vary across individuals, so there are no ‘signs’ you should be looking for in your student. If your student is experiencing difficulty with writing and/or spelling, first speak to your student and ask them what they think their strengths and weaknesses are in writing and/or spelling. Maybe they just don’t like to write so they don’t put any effort into their finished product.

If you speak to your student and they express their own concerns about their struggles, go and speak to their teacher. Their teacher sees their work product day in and day out, are they concerned? Ask the student’s teacher these two main questions and then discuss what should be done next:

1.      What are the student’s strengths and weaknesses in the various skill areas (spelling, punctuation, alphabet, handwriting and composition) of written language?

2.      What is the student’s current level of achievement in written language?

When assessing a student experiencing difficulty with writing and/or spelling the team should consider doing both formal and informal assessments.

INFORMAL ASSESSMENTS should include work sample analysis (portfolios) across a period of time and if possible across the school day. Maybe the student does better with writing in the morning versus in the afternoon. The teacher and/or an aide can observe the student while they are on task. The purpose of the observation is to identify what if any strategies the student is using to complete the assigned task. Does the student not know what to do in the situation?  Could they be taught some strategies and/or given some supports to help guide them in the process? Sometimes, the teacher can ‘interview’ the student to find out what they think worked well (or didn’t) for them while completing an assigned task. This interview can be straight-forward questioning but it might be insightful to ask the student to help the teacher edit/correct their written work. This will provide information about the student’s proofreading skill and their ability to spot spelling and grammatical errors. While the informal assessments are being conducted, teachers are able to incorporate scaffolding and modeling to see if those changes help the student make progress.

FORMAL ASSESSMENTS should be administered by the appropriate member of the TEAM.  Parents/Guardians should pay close attention to the skills measured by each test. There is no one test that should be administered. However, whichever assessment is given it should use measures of oral and written language that have been co-normed on the same standardization samples so that their results may be compared directly.  Some of the more common formal assessments used when probing for written difficulties include the most current edition of the Test of Written Language (TOWL), Woodcock-Johnson IV Tests of Achievement (WJ IV), and Wechsler Individual Achievement Test (WIAT).

The team should consider all of the data on the student when making decisions about specific areas of need in written expression and the instructional goals to be addressed to improve the student’s writing performance.

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

E.M. Curran & Associates LLC

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

HAPPY HALLOWEEN!

Here are suggestions to making Halloween enjoyable for all your children...

Talk to your child about what they might expect. Sometimes Halloween means your child is exposed to things that might frighten them: Haunted houses, scary costumes or noises. Talk to your child about things they might encounter during trick-or-treating, and practice self-calming skills in case they do get frightened while out that night.

Does your child have strict dietary restrictions?  Pick up some non-food items your child would enjoy and drop them off before hand at the houses you know you’ll be visiting.

If your child is non-verbal, Halloween can be a great opportunity to work on initiating communication! Program your child’s communication device to say “Trick or treat” or ask their teacher to design a picture symbol your child can use as he goes door to door.

Picking out the Right Costume. Kids with sensory issues may not be able to handle wearing costumes. Things like masks and make-up can make them feel very uncomfortable. Check the fabric of your child’s costume and make sure they are comfortable before going out. You can also dress your child in a familiar, cozy outfit and simply add a hat or paint their face.

Practice makes perfect! Before Halloween, put your child’s costume on and take a long walk around the house, or the neighborhood. 

The most important part of Halloween is your child’s experience. So don’t worry about how to make your child fit into "traditional" Halloween traditions.  Start a family tradition that works for your child.

TESTS... WHAT CAN BE TESTED?

It can be overwhelming to know what kind of evaluation/assessment your child needs, especially when there seems to be a test for everything. There are tests for behavior, intellect, math, speech and language, reading, spelling, writing, ELL, Transition and a handful of other areas. The goal of these evaluations and assessments is to help the student, teacher and parent figure out why the student is struggling in school - whether it be behaviorally, socially and/or academically. In future posts we'll look closer at all of these areas that can be evaluate and/or assessed.  

Today, it is important for you to know  you should speak up and ask questions of your child's teacher/therapist/etc when your child is not making effective progress or is just struggling -behaviorally, socially and/or academically.  After speaking with the appropriate person, send a written request (emails are fine) asking that the school evaluate your child in the areas that are most appropriate based on your concerns.  Most schools will ask that you sign their 'consent form.' You should know that nothing will happen until this 'consent form' is signed and returned to the school.  You should put a note on the 'consent form' that you are requesting that any and all written reports and/or results be sent to you at least two days prior to any meeting to discuss the evaluation.

Be sure you read these reports carefully. It is sometimes helpful to make a copy of any report given to you so that you retain a clean copy. You should then highlight sections that do not make sense to you, make notes in the margins and if there are any mistakes be sure you point this out to the team  so that it can be corrected. While you are at the meeting, refer to your notes and ask as many questions as you need to. Special Education has its own 'terminology' so if something doesn't make sense ask for clarification. 

We will be sharing some blogs over the next few months that focus on different academic skills and/or areas. 

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

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com
@emcurranlegal

ARE YOU PREPARED FOR THE INEVITABLE?

Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your worldly possessions. In general, most estate plans will include at a minimum a combination of the following legal documents:

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.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your options: 

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

IS YOUR CHILD FACING CONSEQUENCES FOR THEIR BEHAVIOR AT SCHOOL?

What rules do the school's need to follow? 

The Massachusetts Statute that applies depends on what the student did:

1. If the student brought drugs or weapons to school and/or assaults a member of the school staff Rule 37H applies.

2. If the student is charged with a Felony and “principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school" then Rule 37H 1/2 applies.

3. If the student's behavior does not fall into either of the above categories then their behavior will more likely than not be classified as a "violation of the student handbook" which would mean that Rule 37H 3/4 would apply.

Suspensions and Expulsions

There is a lot of if X then Y should happen in this area. You should seek individualized advice based on your specific student's behavior as soon as possible. Here are some general points to be aware of...

• All students excluded for any length of time must be given the opportunity to make up all missed work. This includes projects, quizzes, tests, assignments etc.

• Your student is entitled to hearing before they are suspended.

• If your student is to be excluded for more than 10 school days, they are entitled to some form of educational service. This could be an alternative placement (see below), tutoring and in some districts online learning.

• A recent decision from the Department of Elementary and Secondary Education, Problem Resolution System (PRS) has reiterated the requirement that a suspended or expelled student must be provided with a minimum of two options for receipt of educational services (In re: Intake 1561).

• If the school calls you and ask you to pick up your child due to the child's behavior, ask if the child is being suspended out. If they say NO but you need to pick the child up - then they are technically suspending the child as he's not being allowed to remain in school. Whether or not you go and pick up your child is a judgment call only you can make. But this call should be documented and if it happens enough you should ask for some changes (BIP, FBA, IEP Meeting are a few suggestions).

Interim Alternative Educational Setting

A student may be unilaterally placed in an 'alternative' educational setting for up to 45 school days for the following behaviors:  bringing weapons to school, bringing drugs to school and/or causing bodily harm or injury to a person while at school or a school sponsored event. These placements can be made without the consent of the parent but at the end of the 45 school days a Team meeting will be held to discuss what options are available to the student. 

This link will bring you to a chart that highlights the Massachusetts Student Discipline Statutes and Regulations on the state's Education Department website. 

If your student is a student with a disability, they receive more protections in discipline matters.

According to the IDEA, a student with a disability is a child who receives special education services as part of an IEP. A student also may be considered to have a disability even if the school has not tested or identified the child as such. If the school "knew or should have known" of the child's disability, the student may still be protected by special education law. (We will be sharing post that focuses on the rights of student's with disabilities and discipline in a few weeks.) 

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

E.M. Curran & Associates LLC

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

@emcurranlegal

FOUR SPECIAL EDUCATION TERMS EVERY PARENT SHOULD UNDERSTAND

There is a lot to know as a parent  of a child receiving Special Education Services but there are four key terms that are apply in almost every instance so you should be familiar with them. They are:

1. Special Education

The term “special education” is defined as "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education." 20 U.S.C. s. 1401 (29)  Special Education Law is a needs based law. Everything in Special Education is based on data and assessment. 

2. Related Services

The term “related services” means transportation, and such developmental, corrective, and other supportive services. This includes, but is not limited to , speech-language pathology and audiology services, interpreting services, physical and occupational therapy, social work services, counseling services as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. 20 U.S.C. s. 1401 (26) 

3. Free Appropriate Public Education ("FAPE")

The Individuals with Disabilities Act (IDEA) provides that each eligible child is entitled to a "free appropriate public education" (FAPE). This terms is defined as: 

special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D )are provided in conformity with the individualized education program...

4. Least Restrictive Environment ("LRE")

"Least Restrictive Environment" means that a child must be educated to the extent possible and appropriate in the least-restrictive setting possible when determining where and how services are to be delivered. 

The list below shows you in order the least restrictive to the most restrictive types of placements used in Massachusetts:  

1. Regular Education Classroom (least restrictive)
2. Resource Classroom
3. Part self-contained 
4. Self-contained classroom
5. Day School
6. Residential School
7. Home-bound placement (most restrictive)

When we put all of these terms together the bottom line is …

School districts must provide a free appropriate public education for students enrolled in their districts. An appropriate education is an education and related services designed to meet the individualized educational needs of a child with a disability as adequately as the needs of non disabled children are met. 

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

E.M. Curran & Associates LLC

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

GOOD EDUCATION ADVOCATES/ATTORNEYS ...

A good advocate is well-trained and knows the law …

As Founder and Owner of E.M. Curran & Associates, LLC, Ellen uses her knowledge and experience in both the legal and education settings to guide students and their parents through the entire, complex special education process. Ellen holds a Juris Doctor from Suffolk University Law School (2000) and a Masters in Moderate Special Needs from Boston College’s Lynch School of Education (2010).  Ellen has been trained by the Federation for Children with Special Needs (FCSN) and continues her professional development by attending events hosted by Wrights Law, SPaN, Massachusetts Bar Association (MBA) and Massachusetts Continuing Legal Education (MCLE).

A good advocate understands schools …

After practicing law for many years, Ellen decided to take a break and pursue other career options. Shortly thereafter, Ellen began teaching at an Alternative High School serving High-at-Risk teenagers in a very economically challenged urban setting in Massachusetts.  She taught in this environment for seven academic school years. All of her students had either an IEP or a 504 plan. Many were dealing personal issues on top of their educational difficulties. During this time, Ellen was responsible for drafting and implementing behavioral and emotional goals, IEP goals, behavior plans, transitions plans, and progress reports. She attended IEP meetings, transition meetings, and DCF meetings as well as parent and/or attorney requested meetings related to school, behavior, and learning concerns. Additionally, Ellen has taught pre-law undergraduate classes at a well-known local university for well over a decade.

So what we can do to help you and your student?

• We can provide information about special education options and requirements, and can help you to seek a specific service or program for your child.

• We can help you carefully read your child’s school records, testing information, and IEP.

• Our work is driven by data and not our emotions. Of course we have your child's best interest at heart but as a third party, we are able to take that step back to analyze your child's evaluations and create a complete profile that is not swayed by our emotions or dealings with either side.

• If you wish, and if it is appropriate, we may attend Team meetings with you.

• A skillful advocate can often see solutions not immediately obvious to other people.

• We can help you to become a better advocate for your own child

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

E.M. Curran & Associates LLC

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

SEPTEMBER 9TH - 15TH is NATIONAL SUICIDE PREVENTION WEEK

What leads to suicide?

There’s no single cause for suicide. Suicide most often occurs when stressors exceed current coping abilities of someone suffering from a mental health condition. Depression is the most common condition associated with suicide, and it is often undiagnosed or untreated. Conditions like depression, anxiety and substance problems, especially when unaddressed, increase risk for suicide. Yet it’s important to note that most people who actively manage their mental health conditions lead fulfilling lives.

Suicide Warning Signs

Something to look out for when concerned that a person may be suicidal is a change in behavior or the presence of entirely new behaviors. This is of sharpest concern if the new or changed behavior is related to a painful event, loss, or change. Most people who take their lives exhibit one or more warning signs, either through what they say or what they do.

Here are are some resources to learn more about Suicide:

MA Dept of Health and Human Services

MA Coalition for Suicide Prevention

MA: Suicide Prevention Resource Center

SOME SUGGESTIONS ON HOW TO ORGANIZE AN IEP BINDER

Over the years, I have tried several different ways to organize a student’s IEP data and other academic related information. The one tool that always works regardless of the amount of paper I’ve accumulated is a 3-ring binder. It may sound like a lot of work but once you have it set up, you can re-use the binder and its set-up year after  year.

What do you to get started: 

1. 3-ring binder. I usually get a 2 or 3 inch binder but the size depends on how much paperwork you think your student will generate in the year.
2. Some tabbed section dividers. I buy a set of 6 dividers, as well as two sets of the 8 dividers.
3. A three hole punch, if you don’t have one.
4. Some lined post-it notes. I like the medium sized ones but you should use whatever fits your needs best. 

First step:

Put the 6 sections dividers into the binder and label them. These are the labels I use:

1. Current IEP
2. Evaluations
3. Communication
4. Report cards/Progress Reports  
5. Behavior/Discipline  
6. Sample work

• I divide Communication, Report cards/Progress reports, Behavior/Discipline and Sample work into the four school quarters using the section dividers from the two sets of 8 dividers I have already bought. 

Second step:

I gather all my paperwork together and sort into each of the sections. I file all documents in reverse chronological order - the most recent document on top. I also hand write in light pencil, bottom right of each document, the date I received/sent the document. 

Current IEP

In this section, I file the most current IEP, any meeting notices and my goal tracker sheet. I update the goal tracker sheet each quarter after I've received the progress report. 

Evaluations

If you are new to the process the first two documents will be your request for evaluation followed by your consent to evaluate. Again I keep this section in chronological order with the most recent report on top.  I sometimes forget what reports say in meetings so I usually create a table of contents for this section and will include a blurb or two of the key points in each report. I do NOT write on these reports. If a blurb is not enough I will put post-it notes with my notes in/on the section that is important.

Communication

In the first week or so of the new school year, I’ll reach out to my student’s classroom teacher and discuss what would be the most efficient way to have consistent communication regarding my student’s successes and difficulties. I have already divided this section into the four academic quarters, so whatever is agreed to, I print out copies of all communications and keep them in this section with the most current one on top.

If I find myself calling the school/teacher/etc. frequently; I will create a phone log and keep track of who I spoke with, the date/time and a summary of the discussion. I would file this phone log in this section too. I would also break the log up into the four academic quarters. 

Report cards/Progress Reports  

I have already divided this section into the four academic quarters. I file each report card and progress report accordingly in this file. I sometimes will put  my goal tracker in this section too just because it related to the progress reports. Either section is appropriate and you need to put it in a section that makes the most sense for you. 

I frequently review this section asking myself:  What is the data telling me? What data is missing?  What doesn't make sense that I need to follow up on. 

Behavior/Discipline  

My student's disabilities often come hand-in-hand with behavior/discipline issues. I keep a log for each academic period. The log tells me how often the student is escorted and/or restrained. How often the student is out of class, for what reason and what the resolution was of the issue. I also use these logs to help me understand if the student is making effective progress and whether or not the placement is appropriate. 

Sample work

I like to either ask the teacher for sample work or I collect papers that are sent home each quarter. I tried to have a couple of pieces of work from each class. I do not collect all bad or all good work. I try to collect work that reflects my student's strengths/weaknesses. This way I can have my own insight into their successes and/or difficulties that I can discuss with their teacher. 

Third Step - Optional Step:

Your binder should be individualized to your student and their needs. Here are some other sections and/or pages you could include in your binder....

Medical Section

If your child has a medical issue you should create another section and label it medical. In this section you could  include names/address/contact info for each doctor, a list of medications (as well as dosage and what it is for), doctors notes if  your child was sick etc

Summary Sheet

This sheet includes the student’s name, dob , grade, teacher’s name and contact info, Aides/Supports/etc. will also be listed here, the Team Chair’s name/contact info

Table of Contents

This sheet is exactly what it sounds like. I create a table of contents that breaks down each section and what documents are in each section. 

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

E.M. Curran & Associates LLC

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

DYING WITHOUT A WILL IS NOT A GOOD DECISION TO MAKE...

If you die in Massachusetts without a valid, written will the state decides who will receive your Estate (assets) as well as how much they receive. 

Massachusetts Intestacy Statute

• 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 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com
@emcurranlegal

IT IS A NEW SCHOOL YEAR... BE PREPARED.

What can you do to support your student?

Develop a “partnership” with your student’s teacher.

As a former classroom teacher, I can assure you that the teachers your student interacts with on a day-to-day basis went into education to make a difference in the lives of their students. When a conflict arises remember that everyone has your child’s best interests at heart and will want to do what is best for them. Try to remind yourself of this while working through conflicts.  

Stay involved with your student’s classroom schedule, activities and special events. Offer support to the teacher and follow through.  Ask your student questions about their school days so that you are not surprised when someone tells you there is a ‘big issue.’  

Encourage your older student to self-advocate.

For older students, encourage them speak up and self-advocate appropriately.  Sit down with your student and read over their together so that they know what it says and what it means.  Have them identify their strengths and weaknesses as well as strategies they think work for them. Make a copy of their accommodations from their IEP, laminate it or put it in a clear sheet protector and then put it in their binder/planner. Then talk to your student about when/how they should use this ‘cheat sheet’ to appropriately self-advocate. For example, maybe they have a substitute teacher who is not aware that you student gets time and a half to complete a test.

Acknowledge your student’s achievements and performance.

Have high but realistic expectations of your student’s school performance. Remind your student of your belief in their abilities and encourage them to develop healthy beliefs and attitudes about themselves. Celebrate their strengths and wins and support them when they have “misses” and/or weaknesses.

 Share your concerns about your student’s performance NOT with the student but instead with their teacher.

What can you do you stay organized and on top of your student's academic needs?

A. Get a large three ring binder and some separators 

B. Set up your binder so that it has a few relevant sections. These are the sections I use:

1. Current IEP
2. Correspondence. I break this down further into a section for emails, snail mail and phone logs. 
3. Report Cards - Progress Reports. Again I break this down further into the four quarters
4. Behavior
5. Tests, Assessments and Evaluations. I never throw any of these materials out. 
6. IEP Goal Tracking. I break this section into as many goals as the IEP states and then I track each goal by the quarter. 

C. Do not write on the originals. If you want to make notes, write them on post-its and put the post-its on the document.

D. Keep all documents in strict chronological order. 

I only keep the most current school year and one past year's worth of material in the binder at a time. I also create a table of contents so I can quickly find documents/information.  I bring this binder with me to all Team meetings. 

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

E.M. Curran & Associates LLC

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

RELIGIOUS BELIEFS AND YOUR HEALTH CARE PROXY

A Health Care Proxy is a simple legal document that allows you (the patient) to name someone you know to be your Health Care Agent. 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.

Health Care Proxies generally provide no guidance about what medical treatments are desired and, instead, simply designate an all-purpose decision maker (your Health Care Agent), to assess the medical situation as it arises and, in consultation with the treating physician, to make whatever medical-treatment decisions are required.  Health Care Proxies fill an important void in medical decision-making when a patient cannot make such decisions. Sometimes a patient's religious beliefs affects the medical decisions they would make for themselves. 

To be sure, death and dying are tough circumstances to contemplate in the best of situations, and the prospect of facing these issues without the ability to communicate or otherwise direct one’s care makes this context even more unsettling. It is, however,  possible for the patient to ask for modifications to the 'general' language of a Health Care Proxy to provide guidance to ensure that decisions being made on their behalf comply with religious requirements that the patient would have undoubtedly followed if they could make those decisions themselves.

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