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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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  • 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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  • 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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  • ​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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  • ​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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  • 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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  • 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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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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Speech Bubble A+

 

Update on 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.

 

 Nicky's Act/The Abuse Registry Bill

On October 15, 2024, the Disabled Persons Protection Commission (DPPC) of the Commonwealth of Massachusetts provided data following the enactment in 2020 of the law leading to the Abuser Registry. The law addresses any "act or omission [of a caretaker] which results in serious physical or emotional injury to a disabled person."
An audit was conducted from July 1, 2023 through June 30, 2024, which led to the following results:


Fiscal Year 2024
Substantiated Cases Against Care Providers - 93 

Substantiated Cases that Met Criteria for Registrability - 35 

Number of Care Providers Listed on the Abuser Registry - 102 
Number of Care Providers Added to the Abuser Registry during the Fiscal Year - 
33 

Number of Substantiated Findings of Registrable Abuse Appealed to the Division of Administrative Law Appeals (DALA)  - 

Number of Substantiated Findings of Registrable Abuse Overturned by DALA on Appeal  - 

Number of Appeals to Superior Court Following DALA Decision to Uphold DPPC Findings (M.G.L. c. 30A, § 14) - 

Instances DPPC Failed to Notify DDS or Last Known Employer of Care Provider who was Placed on the Abuser Registry - 

Number of Employers Found to Have Failed to Meet the Requirements of Subsection (d) 5 - 

Number of Requests Made by Employers for Information from the Abuser Registry - 33,276 

Number of Requests that were Granted and Resulted in a Determination - 33,229 


(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.)

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