Massachusetts
Jailed students in Massachusetts sue Department of Elementary and Secondary Education over special ed access
A group of jailed men have sued the state Department of Elementary and Secondary Education over special education access for incarcerated students.
The three men between 18 and 22 on Tuesday filed the class-action lawsuit against DESE for reportedly not providing special ed instruction and services in houses of correction — which they’re entitled to under state law.
“DESE’s failure to uphold its legal obligation to provide adequate education to incarcerated youth is unacceptable,” Phil Kassel of the Mental Health Legal Advisors Committee said in a statement.
“Every student, regardless of their circumstances, deserves access to a quality education that meets their individual needs,” Kassel added. ““We are committed to fighting for the rights of these vulnerable individuals and holding DESE accountable for its failures.”
The three men are being represented by the Mental Health Legal Advisors Committee and the EdLaw Project of the Committee for Public Counsel Services.
In the lawsuit, they’re arguing that DESE has failed to provide special ed services to incarcerated students with disabilities.
Instead of DESE directly providing services, the state department has reportedly delegated much of its responsibility to HOC staff and local school districts.
The plaintiffs are “being denied the full spectrum of instruction and services to which they are entitled under their IEP and/or state law,” reads the lawsuit filed in Middlesex Superior Court.
The three men who brought the suit are: a 21-year-old student incarcerated at the Norfolk County jail who attended Boston Public Schools; a 20-year-old student incarcerated at the Plymouth County HOC who attended Quincy Public Schools; and an 18-year-old student incarcerated at the Essex County jail, whose most recent IEP was developed by the Haverhill School District.
“We are very proud to be representing young people who are in incredibly difficult circumstances and are still fighting to access the education they’re entitled to and build their futures,” said Elizabeth Levitan of the EdLaw Project.
The plaintiffs in the suit are demanding that DESE implement an effective system for identifying and providing special ed services to incarcerated youth — and provide a minimum of 27.5 hours of weekly general curriculum instruction.
DESE did not immediately respond to comment on Tuesday.
Massachusetts
Firefighters rescue a dozen people from Haverhill apartment building blaze
A fire broke out at an apartment building in Haverhill, Massachusetts, on Sunday night, with several people needing rescued by firefighters.
Chief Robert M. O’Brien says the fire department received a 911 call just before 8 p.m. reporting a fire in a 3-story apartment building on Forest Acres Drive in the Bradford section of Haverhill.
Responding crews were met by people at the front of the building reporting fire inside, and there were also multiple people calling for help who hadn’t gotten out yet.
About a dozen people were evacuated by firefighters, O’Brien said, with seven or eight of those people needing to be rescued on ladders.
Everyone got out okay, according to O’Brien. There were a couple “small injuries,” he added, and two people were taken to local hospitals.
One of the two people transported was on the grass when firefighters arrived. When asked if she jumped from her apartment, O’Brien said he thought she hung from her balcony and landed — noting it was an about an 8-foot drop. She was in “good condition,” however, the fire chief added.
The fire originated in a one of the units on the second floor, according to O’Brien, and crews were able to knock the flames down quickly, containing them to where they started. What caused the fire is unknown at this time. Investigators were on scene to determine that, and to assess the damages.
There are 52 units currently without power, pending the investigation. There’s no word on when power will be restored, as the investigation was just getting underway.
Massachusetts
Massachusetts considers regulations for home care agencies caring for elderly – The Boston Globe
In a state where barbers, manicurists, and massage therapists must be licensed, home care agencies providing nonmedical support are subject to shockingly little oversight, despite the profound vulnerability of the people who rely on them.
Massachusetts is one of only four states without a licensing process for private, nonmedical home care agencies, said Harrison Collins, director of legislative affairs for the Home Care Alliance of Massachusetts, an industry group representing about 200 agencies that provide help with the tasks of daily living, including bathing and toileting, household chores, and basic companionship.
“In many respects, it’s easier to open a home care agency than a pizza shop in the Commonwealth,” he wrote in a letter endorsing the legislation.
That may soon change.
Earlier this month, the Massachusetts House passed a bill that would create a licensing requirement and establish standards and oversight for nonmedical home care agencies. The legislation focuses on home care businesses, not individuals who work in the field, such as through the state’s personal care attendant program. It proposes worker background checks, mandatory training on skills including infection control and dementia care, transparency around the services that agencies provide and their costs, and protections for workers.
“The industry is asking for regulation,” said state Representative Thomas Stanley, a Waltham Democrat and sponsor of the bill that passed the House earlier this month. “We want to get higher quality people to take care of our loved ones.”
If passed by the Senate, the legislation would become the latest in a series of health care-related laws to address Massachusetts’ aging population and the shortage of people to care for them, including two that increased oversight for long-term care facilities and hospitals.
Well over 100,000 people work as home health or personal care aides in Massachusetts, according to 2024 data from the Bureau of Labor Statistics, many of them giving extraordinary care that’s both emotionally and physically taxing for modest pay. Their mean annual income nationally was shy of $17 an hour, the bureau reported.
Because of the lack of oversight in Massachusetts, it’s not clear how many people rely on these services. The state runs 24 regional senior services offices that provide home care to 70,000 individuals, but that doesn’t include the many thousands who get care through private agencies. A lack of oversight of those private agencies leaves the door open for unscrupulous or inexperienced operators, and families adrift in their search for competent help at home.
“Right now anybody could roll into town and they could put a shingle out and they could start hiring people and offering home care,” said Paul Lanzikos, a coordinator for the disability advocacy group Dignity Alliance Massachusetts.
Before her illness, which was diagnosed five years ago, Kirsten Hano had a thriving career as an advertising account executive and raised three sons. She started the first girls high school hockey team in Vermont, her husband said, and contributed to an inner-city girls mentoring program.
“She was always giving back,” Doug Hano said.
He works from home most of the time but relies on home care aides to help between 11 a.m. and 3 p.m.
Agency workers’ quality of care varies wildly, Doug Hano said. One worker listened to an online class on her earbuds while helping his wife eat lunch. Another left her staring at a television while the worker stared at her phone.
“If there’s somebody who’s not so great, who’s not so engaging, who doesn’t know how to keep the energy up and stay positive, she can sink into a really tough spot,” Doug Hano said of his wife.
Under the proposed legislation, agencies would need a three-year license through the state Executive Office of Health and Human Services to operate. HHS could inspect and investigate agencies, and would have the power to suspend, revoke, or refuse to renew licenses. Penalties would include a $500 daily fine until the violation is resolved.
Anyone with a 5 percent or greater ownership stake in an agency would have to be identified and provide background information, including criminal and civil findings.
An April letter from the union representing about 60,000 home care workers statewide, SEIU 1199, noted private equity has made inroads in the home care industry.
If passed, the legislation’s requirements for home care agencies would go into effect within a year.
Collins, of the Home Care Alliance, said many agencies already meet the proposed standards. But with virtually no bar to entry, a glut of businesses leaves those that spend the money on training and quality control at a disadvantage.
“They’re being undercut by agencies that skirt the rules,” Collins said. “In the end, it creates subpar care.”
There are as many as 1,500 home care agencies operating in the state, according to Representative Stanley’s office.
The legislation benefits workers, too, said Rebecca Gutman, SEIU 1199’s vice president of home care. Along with protections to ensure fair payroll practices and workers’ compensation and liability insurance, it proposes creating a reporting and tracking system for mistreatment complaints from both clients and workers.
“If there are employers out there consistently harassing the workers that come into their home, there needs to be a process for protecting that worker,” Gutman said.
While the licensing requirements would apply only to agencies, the abuse protections would benefit anyone doing home care work.
This year, Doug Hano found a home care worker whom he ranked as an 11 on a scale of one to 10.
“She knew all the ins and outs of dealing with someone with Alzheimer’s,” he said.
Then, about two months ago, her car failed. She hasn’t been able to get it fixed and is now only available for overnight care when he goes on business trips.
The agency’s replacement is good, he said, but his wife’s condition is declining, and he is concerned he may soon need more hours of daily home care support. If his current care worker isn’t able to fill those hours, he may be forced once again to search for someone he can trust with Kirsten’s wellbeing.
“It seems mind-boggling that Massachusetts, pretty progressive, wouldn’t have something…” he said, “to just make sure that there is more training, there is more vetting, there is more accountability.”
Jason Laughlin can be reached at jason.laughlin@globe.com. Follow him @jasmlaughlin.
Massachusetts
Years in, panel tasked with offering new Mass. flag says it needs another extension amid ‘public misunderstanding’ – The Boston Globe
Yet, the full 10-person panel has not gathered in a meeting since, nor has the commission held a series of legally mandated hearings to gather public input ahead of a Dec. 15 deadline to produce its recommendations.
It appears unlikely the panel actually will do so. A commission spokesperson told the Globe that the panel intends to seek a second extension, and is “aiming” to have its next full commission meeting at some point in December.
“The Seal, Flag and Motto Advisory Commission has been hard at work engaging experts and the public about what they want to see in our state’s symbols,” Alana Davidson, the commission spokesperson, said in a statement. “We believe that more time is needed to ensure robust community engagement.”
Davidson did not respond to a question about how much more time the commission would seek from the Legislature, which wrapped up formal sessions for the year earlier this month.
The panel, similar to the one before it, has been trying to navigate a fraught debate about representation and potential erasure in the iconography the state assigns itself.
The effort to replace the flag dates back decades, but it gained traction in 2020, when the murder of George Floyd sparked a nationwide reexamination of race and historical emblems, including the Massachusetts seal.
Members of the state’s Indigenous community are themselves split on how to replace the state’s current 19th-century emblem, which sits on the state flag and depicts a colonist’s arm holding a sword above the image of a Native American. The image is draped by a Latin motto that roughly translates to: “By the sword we seek peace, but peace only under liberty.”
The design draws on the original seal of the Massachusetts Bay Colony, which featured a Native American man, naked but for some shrubbery around his groin, saying, “Come over and help us.” And the sword depicted once belonged to Myles Standish, a 17th-century military commander for the Plymouth Colony known for his brutality toward the Indigenous population.
When the panel released a set of new designs in August it had culled from public submissions, commission members cautioned that the proposals — which rated the highest during a round of internal scoring — were not the finalists from which a final recommendation would emerge.
In the months since, a group of commissioners have met in subcommittee meetings, during which members lamented moving too quickly to ask for ideas without better educating the public — and commission appointees themselves — about the problematic history of the state’s official emblem.
The commission’s work is also unfolding during a different time than in 2020. Over the last five years, the racial reckoning that helped spur the first commission has largely receded from the public view.
The debate over changing the flag has also since migrated onto the campaign trail, where some of Governor Maura Healey’s Republican opponents — both past appointees of former governor Charlie Baker, who signed the initial measure in January 2021— have cast the state’s effort as an attempt to erase the state’s own history.
“There’s a public misunderstanding about why the current flag is not appropriate,” Kate Fox, the executive director of the state’s Office of Travel and Tourism and the commission’s co-chair, said during a Sept. 9 meeting.
Critics have long said that the placement of a broadsword above the Native American figure is racist imagery and symbolizes the violence inflicted on Native American populations. Still others, both on and off the commission, have warned against eliminating Massachusetts’ Indigenous communities from the seal entirely.
The first iteration of the commission voted unanimously in 2022 for replacing the state’s motto and seal, but it disbanded the next year without offering specific substitutes for either.
Summer Confuorto, a current commission member, said in a late September subcommittee meeting that she’s heard pushback casting the panel’s effort to rethink the flag as a “liberal state that wants to make this change” and that Native Americans themselves aren’t driving it. In fact, she said, Indigenous leaders have been talking for decades about why the imagery needs to change.
“It’s not to waste people’s time and . . . there’s a purpose and intent” behind the commission’s work, said Confuorto, who has Gros Ventre, Cree, Mi’kmaq heritage, according to her employer, the Mass Cultural Council.
In a late October meeting, Rhonda Anderson, an Iñupiaq – Athabascan commission member who also is the Western Massachusetts Commissioner on Indian Affairs, said the advisory panel needs to both educate and reframe its work, including to other Native Americans, that “we’re actually providing something better” with a new emblem.
“When people believe that we’re taking something away, they just really clutch tighter,” Anderson said. “I don’t want to take anything away from anyone, but I do want to do better.”
Efforts to reach Confuorto, Anderson, and other members of the advisory commission for this story were not successful.
John “Jim” Peters, the executive director of the Commission on Indian Affairs and a state seal advisory commission member, said in a phone interview that the panel is tackling a “difficult question” and he himself is at odds with others on a path forward.
He said he’s made his preference clear: The “most effective” option, he said, is to simply remove the disembodied arm and sword from the state, and change the state motto.
Actually changing the seal and flag, however, is “something that the citizens of the state need to be on the same page [for],” he said.
Whenever the panel does submit its recommendations, the governor is required to submit legislation “to codify the new state motto and designs for the seal and flag,” though the law does not dictate when it must be submitted. The Legislature ultimately would then have to approve any changes.
Peters is not among the commission members who’ve sat in on subcommittee meetings in recent months, the last of which fell shortly before Halloween. But told the Globe he was aware that the advisory panel planned to seek an extension.
“Another holdup,” he said.
Matt Stout can be reached at matt.stout@globe.com. Follow him @mattpstout.
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