Your child isn't trying to be difficult.
Your child is having difficulties.
I am a lawyer, a mom, and have experience in the classroom. My background working with children with diverse disabilities gives me a unique perspective. My strengths and passions have guided me toward special education law, and I truly love what I do.
- Attorney Abra Allexenberg
Attorney Abra C. Allexenberg helped a UMass Memorial patient obtain necessary and appropriate educational services based on his developmental needs.
Attorney Allexenberg’s dedication and commitment to this family has allowed them to not only feel comfortable voicing their concerns, but also empowered in the community. Thank you, Attorney Allexenberg for your persistence on this case!
(For the complete article, click here.)
Community Legal Aid, Worcester - Pro Bono Spotlight, September 2020
Attorney Abra Allexenberg assisted a UMass Memorial patient obtain special education services following aggressive opposition by the school district.
The UMass Memorial patient suffered from severe depression and social anxiety. With the pandemic pushing schools into remote learning, the patient's health only deteriorated. Attorney Allexenberg spent 3 hours on a zoom team meeting with the school administration until they agreed, and incorporated in a new individualized education plan, to transfer the patient to a collaborative school and give him the education services he needs.
A huge thank you to Attorney Allexenberg for sticking by this patient and providing invaluable advocacy that will enable this patient to succeed.
Community Legal Aid, Worcester - Pro Bono Spotlight, May 2021
Some Q &A
Question
Is your child having difficulties with reading and you suspect they may have Dyslexia?
Answer
Dyslexia is a complex Specific Learning Disability and your child may be entitled to services under Federal and State law. Request an Initial Evaluation for Special Education Eligibility. The District is required to assess all areas of suspected disability. In 2021, Massachusetts introduced its Dyslexia Guidelines to assist schools and districts in effectively addressing literacy for young children. It's important to note that your child may also experience learning disabilities in writing (Dysgraphia) and math (Dyscalculia). Clearly communicate with the school district, emphasizing the distinction between a struggling reader and a child with a specific learning disorder. Additionally, obtaining an independent neuropsychological evaluation is recommended.
Question
Do you believe that your child is perceived as a behavior issue or classroom disruption, leading to repeated disciplinary actions?
Answer
Your child might have a diagnosis in ASD, ADHD, ODD, RAD, and/or Anxiety, and it's common for children to have multiple diagnoses. They may require accommodations or services for skill-building in executive functioning, organization, transitions, task completion, problem-solving, self-regulation, or sensory processing. Addressing these challenges can enable your child to concentrate better on learning. Be aware that school Codes of Conduct and disciplinary policies can sometimes be unfair to children with disabilities. If you have questions or concerns regarding your child, consider consulting with an attorney.
Question
Is your child 14 years old or older and has an IEP? If so, has the school initiated Transition Planning with them?
Answer
Under the Individuals with Disabilities Education Act (IDEA), students on IEPs from age 14 until they graduate or turn 22, must receive a "coordinated set of activities ... designed to be within a results oriented process, ... to facilitate the student's movement from school to post-school activities." Transition services are individualized and are aimed at post-secondary education, future employment, and independent living after high school. This process is tailored to your child's specific goals and aspirations, so ensure that the updated DESE IEP Form's Student Vision is current and substantive. If applicable, contact the school if a Chapter 688 Transition Referral Form hasn't been submitted at least two years prior to graduation, or two years prior to the student turning 22.
Question
What are some initial steps that a school can take to support your child if they are struggling behaviorally, which is impacting their ability to access the curriculum and negatively affecting their confidence and productivity?
Answer
If one has not already been conducted, you should consider requesting a Functional Behavioral Assessment (FBA) to identify what triggers the concerning behavior. After the FBA is completed, the evaluator will develop a Behavioral Intervention Plan (BIP) to implement the findings. A BIP is not a punitive tool, but rather a strategy for staff to intervene and potentially avoid triggers, and equip your child with effective coping skills. IEP Goals are individualized to the student, but could include: Self-Determination, Self-Advocacy, Self-Regulation, Social Pragmatics/Skills, Self-Awareness, Emotional Regulation, etc.
Question
Does your child require Assistive Technology (AT) due to a disability, but you are unable to afford it or lack the knowledge to utilize it effectively?
Answer
The Department of Elementary and Secondary Education has acknowledged that assistive technology and accessible instructional materials significantly enhance the lives of many students with disabilities in Massachusetts, expanding their learning opportunities, personalizing instructional approaches, and facilitating participation in school activities alongside their non-disabled peers. If an assessment has not yet been conducted, you may request an AT evaluation from the school district. If your child meets the criteria, the school will provide AT for your child. The new DESE IEP Form includes several opportunities to integrate AT. Additionally, if you are unfamiliar with the AT, you can include AT training in the A Grid of your child's IEP Service Delivery Grid, ensuring that both you and the educators are adequately prepared. This training is appropriate for the A Grid because it is regarded as a "related service" for your child.
Question
What's the difference between an IEP and a 504?
Answer
An IEP, or Individualized Education Program, provides special education services, accommodations, and modifications tailored to your child's disabilities as defined by the Individuals with Disabilities Education Act. An IEP includes individualized goals and benchmarks which are tracked and measured for progress. You are a vital member of the IEP Team and are entitled to meaningful participation in the IEP process. Your child is entitled to a free appropriate public education in the least restrictive environment.
A 504 is a plan that includes accommodations (and in some cases can include services, which are not tracked and measured for progress), but it falls under the civil rights law of the Rehabilitation Act of 1973 which prohibits discrimination against individuals with disabilities. It is important to note that Section 504 does not confer the same entitlements as an IEP under IDEA, although both frameworks ensure that your child is entitled to Free Appropriate Public Education (FAPE).
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If you believe your child isn't receiving the services they need to make progress and thrive, don’t let the District's refusals hold you back.
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Is your voice going unheard in Team meetings?
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Has your District denied your child the special education eligibility you believe they are entitled to?
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If your child is facing suspensions due to ADHD, ASD, ODD, RAD or other disability, it’s time for a change.
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Has your child been diagnosed with PANS/PANDAS, but the school believes the diagnosis doesn’t qualify your child for a 504 or IEP? Let’s challenge that notion together.
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Is your child with a Specific Learning Disability, like Dyslexia, missing out on the evidence-based reading instruction that could make all the difference?
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Do you believe your child needs more or different accommodations in their 504 or IEP?
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Do you believe the school's assessments were insufficient, didn’t capture your child's unique needs, and failed to provide appropriate recommendations?
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Is your child an LGBTQ+ individual who is feeling unsafe as well as unsupported socially and emotionally at school?
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Are you worried about bullying, cyberbullying, and/or harassment?
Have you been navigating this process alone and now realize you need legal support?
Let’s work together to get your child the support they are entitled to.