ABILITIES Not Disabilities
SOME RESOURCES AVAILABLE TO YOU
Disclaimer: These resources are being provided for informational purposes only and do not constitute legal advice.
"The meaning of disabled is not having any power. But I have the power to do anything I am willing to try. That makes me able."
- TEYANNA ALFORD,
young contestant
"Miss You Can Do It"
As parents or guardians of children with disabilities, you have probably heard some of the terms referred to on this website.
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The first resource to consult is the Parent's Notice of Procedural Safeguards. You should have received a copy from your School District if you have begun the special education eligibility process.
There is also a wealth of information available for free on the internet.
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A Parent's Guide to Special Education - written by the Federation of Children with Special Needs and the Massachusetts Department of Education to "assist families in obtaining the supports and services that their children with disabilities need to succeed in school."
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Department of Elementary and Secondary Education (DESE) - providing up to date information, special education information, including the new Dyslexia Guidelines.
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Department of Development Services (DDD) - offers services and supports for individuals with intellectual disabilities and children with developmental disabilities. DDS requires that the child have a “severe, chronic disability” such as: Intellectual disability, Autism Spectrum Disorder, and Smith-Magenis Syndrome or intellectual disability or other condition that results in “substantial functional limitations” such as: Prader-Willi Syndrome, Williams Syndrome, Down Syndrome, Cerebral Palsy, Spina Bifida, Fetal Alcohol Syndrome and Fragile X Syndrome.
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Individuals with Disabilities Education Act (IDEA) - Federal Law ensuring that all students with a disability are provided with a Free and Appropriate Public Education that is tailored to their individual needs.
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Joint DESE/DCF Advisory Regarding Mandated Reporting Responsibilities of School Personnel in Cases of Suspected Child Abuse and Neglect (51As) - co-written by DESE and DCF on October 28, 2021, to provide guidance on mandating reporting of 51As in schools; includes DCF definitions of abuse and neglect.
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Dear Colleague Letter and Resource Guide on Students with ADHD - Office of Civil Rights letter with clarification and guidance on the school districts' federal obligations under Section 504 of the Rehabilitation Act of 1973 to students with ADHD, and attached Resource Guide
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Bullying Prevention and Intervention - Technical Assistance Advisory SPED 2011-2 of the Massachusetts Department of Elementary and Secondary Education, dated February 11, 2011 (updated March 11, 2011) - guidance to address changes to the educational practice relating to students with disabilities stemming from enactment of the bullying prevention and intervention law
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Transition from Early Intervention Programs to Early Childhood Special Education - Technical Assistance Advisory SPED 2019-1 of the Massachusetts Department of Elementary and Secondary Education, dated October 9, 2018 (updated November 8, 2018)
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Extended School Year (ESY) - Contained in the IEP. This is not "summer school" but a continuation of special education and/or related services to prevent regression or loss of skill. See here for DESE's Question and Answer Guide on Special Education Extended School Year Programs (603 CMR 28.05(4)(d))
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Family Education Rights and Privacy Act (FERPA) - Federal law that protects the privacy of student education records.
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​Age of Majority - Administrative Advisory SPED 2011-1, dated September 20, 2010 (updated September 23, 2010) - "This advisory provides guidance to school districts concerning the transfer of rights under special education law when the student reaches age 18, the age of majority in Massachusetts."
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https://www.autismspeaks.org - "Autism Speaks is dedicated to promoting solutions, across the spectrum and throughout the life span, for the needs of individuals with autism and their families."​​​
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​The Autism Insurance Law - Administrative Advisory SPED 2012-1 of the Massachusetts Department of Elementary and Secondary Education, dated August 22, 2011 (last updated September 1, 2015)
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​Students with Autism and Application for Department of Developmental Services Adult Eligibility - Technical Assistance Advisory SPED 2021-2 of the Massachusetts Department of Elementary and Secondary Education, dated March 23, 2021 - Families may apply on the student (with Autism) behalf to DDS for adult services.
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Home or Hospital Education - up to 14 days - "Upon receipt of a physician's written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal shall arrange for provision of educational services in the home or hospital." 603 CMR 28.03(3)(c) (Form - "Physician's Affirmation of Need for Temporary Home or Hospital Education for Medically Necessary Reasons" to be completed by physical and submitted by parent(s))
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Home or Hospital Education - more than 60 days - "If, in the opinion of the student's physician, an eligible student is likely to remain at home, in a hospital, or in a pediatric nursing home for medical reasons for more than 60 school days in any school year, the Administrator of Special Education shall, without undue delay, convene a Team to consider evaluation needs and, if appropriate, to amend the existing IEP or develop a new IEP suited to the student's unique circumstances." 603 CMR 28.04(4) (Form - "Physician’s Affirmation of Medical Reasons That Student is Likely to Remain at Home, in a Hospital, or in a Pediatric Nursing Home for More than 60 School Days"
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Mass Advocates for Children (MAC) - MAC is a non-profit organization that works with students, families, communities, and at the policy level to remove barriers to education for children across Massachusetts.
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What is PANS/PANDAS? Visit the New England PANS/PANDAS Association (click here NEPANS).
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“My Kid is Not Crazy,” a film by Tim Sorel, tracks the journey of six children and their families and how PANDAS has changed their lives. Click here to see the trailer of the movie coming soon.
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WrightsLaw.com - An incredible resource for advocates, attorneys, and parents on all areas of special education law.
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Secondary Transition Services and Graduation with a High School Diploma - Administrative Advisory SPED 2018-2 from the Massachusetts Department of Elementary and Secondary Education, dated March 26, 2018​​
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"Assent to Petition to Change Name of Minor" (if you agree to name change) or "Petition for Change of Name" and other changes in identification for transgender minors - See National Center for Transgender Equality for information on changing a minor's name, Birth Certificate, Social Security ID, and Driver's License. See my LGBTQ+ Page for general information.
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Disclaimer: The resources listed above are for informational purposes only. The listing of this information does not establish an attorney-client relationship with Allexenberg Law nor does it constitute or convey any legal opinion by Allexenberg Law. The websites, and the thoughts expressed and/or information contained therein, is in no way affiliated with Allexenberg Law. Any action taken based upon the information contained in any of the above-listed websites - or other resources mentioned on Allexenberg Law's website - is at your own risk.
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Nicky's Act/The Abuse Registry Bill
According to The Arc of Massachusetts, "[t]he Disabled Persons Protection Commission (DPPC) screened 11,395 cases [of acts of abuse against individuals with intellectual and developmental disabilities] in the past year. In FY 2017, a total of 2,571 investigations were deemed necessary through DPPC screening." On February 13, 2020, the Commonwealth of Massachusetts enacted a Bill known as Nicky's Law. Nicky is a young man with significant intellectual and developmental disabilities in a residential program, who was the victim of ongoing physical abuse by an employee of the program where he resides.
The Bill, which is already enacted in 26 other states, will place the offending staff member's name on a registry where there have been findings of substantiated physical abuse by that staff member. The registry is for Department of Developmental Services (DDS) and DSS funded programs who are looking to hire individuals.
(As an aside, I met Nicky's mother and I was incredibly impressed with her efforts advocating so zealously and effectively for her son.
- Abra Allexenberg, Esq.)
Nicky's Act
The Abuse Registry Bill
Nicky's Act is responsible for putting
employees, who have been fired for abusing
disabled individuals in residential programs, on
a registry to prevent future employment at other residential programs.