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Defender's Experiences in the Commonwealth

• School disciplinary rules have been expanded and made harsher. Schools use students' violation of school rules to suspend and expel students more than ever before.
• What used to be resolved between schools and parents is now handled by the schools who turn to the police, the DA's and the courts to address the situation.
• A common theme among youth whom schools turn over to the criminal justice system is academic failure and emotional disturbance. Both regularly precede truancy and court involvement. Many schools do not comply with federal special education law by reaching to any number of students' warning signs: failing 2 or more subjects, not being promoted, being absent more than 15 days without a medical excuse. Instead they turn the students over to the police to "manage" truancy.
• Kids with special needs have frequently been ignored by school officials despite repeated failure; many meet special education evaluation standards but are not receiving any services.
• Children with unique needs are sent to low cost, generic programs both before and after court involvement. They rarely -without and until the involvement of a court appointed advocate -receive services tailored to their needs or to ensuring that they will succeed.
• Students with special needs are often excluded without proper notice, (e.g. no hearing), and are frequently warehoused as they await final expulsion. The students' school exclusion status frequently results in a worse court disposition and encourages some judges to consider commitment to DYS as the best option.
• DSS can legally refuse to help at-risk youth referred by juvenile court officials - and does. The same is true of DMH and DMR.
• Some immigrant children and their parents have great difficulty bridging the gap between cultures, including accepting the notion of compulsory attendance.

There are few services available to support newly arrived immigrants to make clear how the American educational system works, including children's due process rights for suspensions and expulsions.