Here we are again, joining others throughout the world in grief, outrage, and, perhaps most perniciously, recognition over the tragic extrajudicial killing of yet another Black person, George Floyd. This, as we continue to mourn for the unjust losses of Ahmaud Arbery, Breonna Taylor, and countless other Black people who have died needlessly at the hands of law enforcement in this country. We stand in solidarity with those engaged in protest. And as these protests increase in their intensity, it is crucial to refocus our attention to the violence that is wielded against Black communities every day.

The callous violence exhibited by those officers in the videoed moments of George Floyd’s murder is haunting and shocking. Yet, these officers’ actions fit comfortably within this country’s long-existing history of racial injustice. Their actions are rooted in the same myth of Black inferiority that justified slavery and thrived in the wake of Reconstruction, Jim Crow, lynching, redlining and segregation, the school-to-prison pipeline, the war on drugs, and countless other anti-Black policies – the presumption that Black people are untrustworthy and dangerous, that Black people as a whole are not equal, less capable, less deserving, less good, less human. It is no wonder that these deaths continue to occur.

This long-standing racial fiction has resulted in institutionalized racism and racial injustice in policies that impact every facet of life – social welfare, education, housing, employment, transportation, and city planning. If Black children are undeserving, then why invest in their education instead of handcuffing them for meaningless infractions? If Black families are untrustworthy, then why ensure that they do not experience homelessness and food insecurity at such disproportionate rates? If Black people are unequal, then why guarantee that the outcome of legal cases that threaten eviction, heavy fines, or imprisonment are based on merit, and not resources? These myths make it easier to look the other way. But, make no mistake, discriminatory policies that exclude Black students and families from educational opportunities, justice in the courts, and critical resources are violent. The chronic underfunding and devaluing of communities of color is violent. The disparate impact COVID-19 has had on Black communities is violent. Looking the other way does not make the destruction go away.

Massachusetts Appleseed’s work to change policies that marginalize, impoverish, and punish communities of color exists within the context of racism’s long, violent legacy; our commitment to promoting access to justice and opportunity is also a commitment to identifying and rooting out the destructive myths that perpetuate these policies. In this charged moment, we urge our lawmakers, policymakers, and leaders to turn away from a return to business as usual. It is clear that talking is not enough. Acknowledging is not enough. Instead, take this time to reimagine our future – one in which our systems support and protect the full humanity of every person, and in which our policies and institutions fulfill America’s most foundational ideals of fairness, justice, and equity.

In solidarity,

Deborah Silva
Executive Director
Massachusetts Appleseed

Melanie L. Todman
Chair of the Board of Directors
Massachusetts Appleseed

 

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Logo for Liberty Mutual InsuranceWhen Kathy McGrath, the pro bono manager for Liberty Mutual’s legal department, heard about the Homeless Youth Handbook project, she immediately knew she would easily find willing volunteers. And she soon had 25 people signed up to help make a Massachusetts version of the Homeless Youth Handbook that the Baker McKenzie law firm had spearheaded in 10 places already.

“Liberty has a robust pro bono program,” she said, “and many of our lawyers and paralegals already had experience on key legal issues such as obtaining domestic violence restraining orders, finding housing, and accessing education.”

What subjects the volunteers didn’t already know, they were willing to learn about to make the handbook comprehensive and useful. 

Another motivation for Liberty getting involved with the handbook was the valuable organizational support from MA Appleseed. The staff at Appleseed greatly assisted the drafters from Liberty and Boston Scientific by compiling a thorough list of online research sources for Massachusetts law. Then the staff assembled a network of local subject matter experts, who they have been working with to review and edit the drafts volunteers submit to ensure the finalized handbook is thorough and accurate.                        

Participating in the handbook was a great fit for the Liberty legal department because one of the primary goals of the company’s charitable foundation is addressing homelessness, with a special emphasis on preventing youth homelessness. For example, in 2018, Liberty Mutual funded the purchase of Liberty House, a transitional residence for young people experiencing homelessness managed by Bridge Over Troubled Waters. The staff at Bridge Over Troubled Waters were excited when Attorney McGrath told them about the handbook, seeing it as providing legal information to supplement Bridge’s own app that helps young people experiencing homelessness navigate resources for shelter, meals, mental health, and more. In fact, Bridge agreed that it would have the final draft of the handbook reviewed by teenagers experiencing homelessness to confirm it was written and organized in an understandable way.     

“MA Appleseed has done a wonderful job coordinating the handbook project,” McGrath said. “With so many authors collaborating and experts reviewing the handbook sections, something this complex needed the structure that Appleseed provides. I think the handbook is going to be truly useful to homeless young people and the network of providers who guide them.”

“Not only has Liberty consistently been a champion of our most vulnerable youth over the years,” said Deborah Silva, Executive Director of MA Appleseed, “but we have been amazed by their tireless dedication to this project, especially during such a difficult time. As the world has shut down around us, the Liberty team and all our volunteers continue to write and turn in handbook chapters, which will enable us to get the finished resource into the hands of the young people who need it as soon as possible. We rely on pro bono assistance at MA Appleseed, and partners like Liberty are an extraordinary gift. I couldn’t be more grateful for their hard work and the time and energy they have donated to make this know-your-rights resource a reality.”

 

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Thank You, Jennifer Sunderland: Board Member, Boston Attorney, and Generous Monthly Donor!

 

Image of Jennifer Sunderland, Member of Massachusetts Appleseed Center for Law and Justice's Board of Directors

Jennifer Sunderland, Board Member

Jennifer is a Massachusetts native who attended college and law school here and clerked for judges in the Massachusetts Trial Court and Supreme Judicial Court. As a public defender for four years, Jennifer witnessed the importance of expanding access to justice within our legal system firsthand. After working for three boutique law firms doing civil litigation, she started her own law firm with a former colleague this past January. They focus on criminal defense and business and employment litigation.

“When I first became involved in MA Appleseed, I particularly appreciated the organization’s approach of engaging stakeholders in order to develop evidence-based solutions,” Jennifer said. “It has a unique mission and approach, and I think its work fills a gap in finding solutions to systemic access to justice problems.”

Jennifer is a champion of MA Appleseed’s Board of Directors. She has spearheaded multiple events like last September’s Trivia Night during which her team, the Lady Killers, came close to winning the ultimate prize! A committed donor, she recently began giving on a monthly basis last November.

“By giving monthly, I can do my part to help ensure MA Appleseed has consistent and regular support,” Jennifer said. “Also, it’s easier because I can give a smaller amount over time rather than a larger amount at one time. Now that donating monthly is an option, I cannot see a downside to doing it. It also saves me from having to think about it because my donation is automatically processed every month – one less task to worry about!”

“Because MA Appleseed is a small organization, it has the ability to be nimble and flexible where other nonprofits might be burdened and slowed by bureaucracy,” she added. “However, because it is smaller, every bit of support counts!”

To join Jennifer and become a monthly donor, click here and sustain MA Appleseed’s work all year with a gift of $15 a month.

Jennifer Sunderland has been a member of Massachusetts Appleseed Center for Law and Justice’s Board of Directors since 2016.  

 

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By Jake Hofstetter | Research and Policy Associate

The coronavirus crisis has impacted every part of society, and even public institutions are having to be flexible and creative to respond to the pandemic. Schools are using remote learning, governments are offering unemployment applications online, and libraries are lending e-books. The court system is no different. With social distancing in place and public gatherings prohibited, courts in Massachusetts have mostly closed and moved many of their hearings and services to remote formats. Although tragic, the COVID-19 pandemic creates an opportunity for us to experiment with new ways of delivering justice and to determine how well remote services and courts hearings work once the coronavirus emergency has subsided. The question will be not only how well these measures have functioned in a crisis, but what we can learn from remote services to potentially make our legal system work more fairly after the pandemic ends.

Massachusetts’ legal system has responded quickly to combat the spread of coronavirus. The Trial Court has closed all the Commonwealth’s courthouses and postponed all proceedings except for emergency matters related to criminal activities, child welfare, domestic violence, and other urgent concerns. According to the courts’ order, these hearings should be held remotely (if possible), using technological tools such as telephones or video conferencing. All non-emergency concerns have been delayed until at least May, and indigent litigants now are able to file their forms electronically (e-file) free of charge in cases where e-filing is available. Legal aid organizations have also begun to offer more remote services, and the six Court Service Centers, court-run centers that provide self-help assistance to litigants, have started limited remote services for cases that the courts are still handling.

What is happening in Massachusetts mirrors what is happening nationally. At least three quarters of states have restricted entry to their courthouses while every state has generally suspended proceedings or allowed local entities (like counties or cities) to suspend proceedings. Three states have mandated the use of remote/virtual hearings while many more, including Massachusetts, have partially required or urged the use of virtual hearings. These steps have led some states to use Zoom, Microsoft Teams, Webex, and other software to hold virtual hearings. All of these moves indicate that remote court proceedings and legal services are having a moment, the scale of which wouldn’t have been possible to imagine only a few months ago.

Remote services are not just convenient workarounds for our current crisis – they also represent powerful tools for increasing access to justice for everyone. Even when there are not travel restrictions or social distancing regulations, the act of coming to court can create a serious barrier for many working and low-income people. It requires taking a day off work, finding childcare, coordinating transportation, and other practical challenges for many litigants. Plus, most cases don’t require only coming to court once, they require multiple appearances that create an even larger burden, especially for court users without lawyers (self-represented litigants, or SRLs for short). On top of that, many litigants who seek to take advantage of free self-help services have to return to courts and wait in line for long periods due to limited capacity at Court Service Centers. Court buildings themselves are also intimidating for many people. Legal jargon, high-priced lawyers, and complicated forms can make anyone nervous, especially those without legal representation.

But it’s not just hearings and legal assistance that can go remote. Court systems can also use existing programs that allow litigants to fill out court forms online and then e-file their documents. Known as document assembly programs, this type of software guides users through an interview where they answer questions and enter information that pertains to their case. After the user completes the digital interview, the program takes the user’s information and automatically fills out the relevant legal form(s), similar to how Turbo Tax works. Document assembly programs not only make filling out confusing forms easier but also save litigants the time of having to come to court to file forms or get help filling them out. Efforts to use these programs to respond to the pandemic are already underway in Massachusetts. Suffolk Law School’s Legal Innovation & Technology Lab (LIT Lab) has already started an initiative, known as the Document Assembly Line Project, to take urgent forms from Massachusetts courts and “create mobile-friendly accessible versions of online court forms and pro se materials in multiple-languages.” In its finalized form, this program will let Massachusetts court users fill out documents online within the comfort and safety of their own homes.

Of course, remote services are not without drawbacks. Holding hearings over Zoom or a conference call presents the same challenges that normal staff meetings do: people talk over each other, internet connections go out, people get distracted. The same populations that already struggle with finding representation or navigating the legal system may not have access to strong enough internet connections or lack technological literacy to use software like Zoom or document assembly programs. For self-represented litigants, using a phone line may also increase confusion over what is going on in their cases. Regarding due process, advocates fear moving to entirely remote hearings may reduce the quality of representation and independent monitoring for defendants. For example, defendants can’t speak to their attorneys privately if they are participating in a conference call with a judge and prosecutor. Similarly, cases may not receive a full or fair hearing due to remote technology or the speed at which the court holds its Zoom call. Remote court hearings also mean a judge is only hearing a voice, not seeing a face, which can remove much of the humanity from what may be intensely personal cases. Any remote solutions will always have to balance these concerns with the convenience of taking court hearings and services online.

When this crisis is over and we are tempted to return everything to “normal,” it will be essential to take the time to look back, and evaluate whether remote services helped or, in some cases, hurt litigants’ efforts in court. This is a chance for us to see how well these tools can work, to test their capacity on a large scale, work out problems, and better understand how going remote can expand access to justice. Once the dust settles, we’ll also have a new trove of data, perspectives, and outcomes from which we will be able to analyze which emergency measures might be worth keeping around for the future. If court systems take advantage of those lessons learned, we’ll have the chance to lay the foundation for remote legal and court services that increase access to our courts and lead to a more welcoming system for all court users.

 

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Systemic injustice and legal crises don’t go away because of a virus. For those experiencing food insecurity, in need of medical support, and more, please check out the resources below provided by our friends at Lawyers for Civil Rights Boston: 

Need Legal Help or Support During COVID-19?

The public health crisis is unfolding rapidly so Lawyers for Civil Rights Boston created a landing page to share multilingual information. This information is accurate as of March 16.

The English version can be downloaded here. La información sobre sus derechos está disponible en español aquí.

Medical Support 

If you are undocumented and need healthcare, you may be eligible for MassHealth Limited, which provides care for medical emergencies, including visits to an emergency room. Public charge does not apply to MassHealth Limited. Visit the MA Connector or call 1-800-841-2900 for English and Spanish service.

All health insurance carriers are required to provide medically necessary telehealth, testing, counseling, treatment, and vaccination (once it’s developed and available) services without charging copays and coinsurance or applying a deductible.

Food Security

Many cities and towns will continue to provide free breakfast and lunch to students in their respective districts. Click on the city to see their meal schedules and locations: Boston, Brockton, Cambridge, ChelseaLawrence, and Lowell.

Unemployment Assistance

You may be eligible for unemployment benefits if you are quarantined or if you left work due to risk of exposure or to care for a family member. You don’t have to provide medical documentation, but you must: (1) remain in contact with your employer, and; (2) be available for work your employer may have that you’re able to do. To apply, please visit the Unemployment Assistance website. The state is moving to waive the one week waiting period for benefits.

Undocumented residents are not eligible for unemployment benefits. Lawyers for Civil Rights Boston is advocating for the creation of a Fund for Affected Individuals and Families to support people who don’t qualify for Unemployment assistance.

Protecting Workers

The Massachusetts Attorney General is accepting online complaints related to minimum wage, overtime payment, sick time, meal breaks, and worker protections. You can file a complaint with the Fair Labor Division here or call the hotline at 617-727-3465.

Victims and Witnesses of Crime

If you are the victim or witness of a crime, please file a report with the police or the District Attorney’s office. You have the right to report a crime even if you are undocumented. Immigration is prohibited from conducted arrests in Massachusetts state courthouses.

Driver’s Licenses (RMV)

The RMV will implement a 60-day extension to the current expiration date for Class D, Class DMs, ID cards, and Learner’s Permits within the RMV system. All individuals with expired/expiring credentials dated between March 1, 2020 and April 30, 2020, will continue to have an active status until sixty (60) days after the expiration date printed on their credential. This does not apply to immigrants whose end of stay in the United States is the same as the expiration date on their driver’s license, ID card, or Learner’s Permit.

Public Charge and Immigration Issues

Seeking testing, treatment, or preventative care for coronavirus will not be used against anyone in any public charge analysis. Remember that using public benefits will not impact you if you are a green card holder, U.S. citizen, refugee, asylum seeker, VAWA recipient, TPS holder, or holder of a U or T visa. Many benefits, including CHIP, WIC, LiHEAP, SSDI, free school lunch, and disaster relief, are not included in public charge. You can always call LCR’s English-Spanish public charge hotline at 617-988-0609 with any questions.

For assistance, call Lawyers for Civil Rights at 617-981-4308 or email office@lawyersforcivilrights.org

This information is accurate as of 5 PM on Monday, March 16, 2020.

Visit lawyersforcivilrights/coronavirus for regular updates.

Esta información está disponible en español aquí y en nuestra página de recursos del Coronavirus.

 

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By Jake Hofstetter | Research and Policy Associate

In just two decades, cell phones have gone from convenient accessories for making calls to essential tools in our everyday lives. Without our phones we lose not only our capacity to entertain ourselves in waiting rooms, but also the ability to access a repository of information we need for every aspect of our lives. Because of our reliance on our iPhones, there are only a few places where visitors are banned from possessing cell phones: prisons, secret military installations, and, more surprisingly, 56 Massachusetts courthouses. Although well-intentioned, these bans separate court visitors and litigants from an essential tool in managing their cases, leaving many court users without attorneys at a serious disadvantage.

Cell phone bans exist to minimize distractions and make sure courthouses remain safe and confidential. Ringing phones and noises from videos or apps disrupt the functioning and integrity of legal proceedings. On the darker side, gangs or other criminals may use cell phones for photographing or intimidating witnesses and undercover police officers. Although these concerns are legitimate, they shouldn’t outweigh the harm that cell phone bans cause as well as the common-sense solutions that can prevent the misuse of cell phones without banning them.

Evidence from reporting, independent research, and the court system’s own internal investigation continue to show that cell phone bans are harmful to court users representing themselves without attorneys. A report from the Massachusetts Appleseed Center for Law and Justice published last summer demonstrated that cell phone bans prevent court users from presenting evidence, scheduling court dates, and referencing information needed for filling out legal forms. The fact that lawyers can bring their cell phones to court makes these policies even more unfair for those representing themselves. The court system’s own internal investigation, released by the Massachusetts Access to Justice Commission last month, also found that blanket cell phone bans created “unacceptable hardships” and should be replaced with more permissive policies such as universal exceptions for those with official business at the court and storage options for facilities that truly need to prohibit cell phone use for security reasons.

Besides frustrating the efforts of those trying to represent themselves in court, cell phone bans also create serious burdens for all court visitors and users. Court users regularly use cell phones to manage childcare, transportation, and their absences from work. Since many people do not know about cell phone bans before coming to court and there are no options for storage, some court users may be left to decide whether to attend their court appearances or not. Others choose to hide their phones outside courthouses in the bushes or pay private businesses to store their phones. These options may lead to court users losing their phones or having to pay extra money, that they may not have to spare, to store them.

Most courthouses don’t need cell phone bans to be safe or orderly. In fact, many courthouses in Massachusetts (and across the country) do not have cell phone bans and function without serious disruptions or witness intimidation. Unfortunately, a minority of court users will always take calls in inappropriate places or, worse, record court proceedings for nefarious purposes. As the court system’s own internal investigation noted, however, it is fairer to court users to regulate the use of cell phones rather than the possession of cell phones. The first approach leads to reasonable policies where cell phone use can be restricted in certain facilities or courtrooms. The second approach creates an unfair burden on those who cannot afford to hire an attorney to represent them and makes it difficult for all members of our technology-attached society to use courthouses.

Changing cell phone bans in courthouses may seem like a small step, but it is an important one in expanding access to justice in Massachusetts. The growing numbers of people who must represent themselves in court already have trouble navigating our complex legal system without having to give up an essential tool like their smartphone. The court system and Access to Justice Commission deserve credit for their willingness to study this issue as well as their recognition that cell phone bans are harmful and should be replaced with more permissive and effective policies. These changes will also assure that our legal system remains fair and up to date with the rapid technological change occurring all around us.

 

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Kristen Graves, Board Member

Can you tell me how you first got involved with MA Appleseed? What drew you to the mission?

I applied for a summer internship with MA Appleseed after my first year of law school, but I did not get the job! Instead, I ended up working for the City of Boston as a legislative assistant for the Boston City Council. Around that time, Board member Lawrence Friedman invited me to work with the Marketing Committee at Appleseed. We ended up organizing a big Board retreat and did a lot of strategic planning and organizational soul-searching. We hired a new Executive Director, streamlined our project portfolio, and developed a signature project. We also started the Good Apple Reception, both as a way to highlight “Good Doobies,” but also as a way to generate funds. Once I graduated law school and started working for Committee for Public Counsel Services (CPCS) as a public defender, I was invited to join the Board.

I saw it as another opportunity to engage in social justice work from a systemic angle, with really smart, really well-connected people.

You weren’t just a Board member – you were actually the interim Executive Director for a period of time! Can you talk a little bit about that?

I was the interim Executive Director during my third year of law school and was asked to step in during a leadership transition. I helped run the Board meetings, hired interns for the summer, overhauled the office, and generally kept the lights on during a tough time for the organization. Afterwards, I went off to study for the bar exam, and the Board went on to hire the Great Joan Meschino as the new Executive Director! By then, the National Appleseed Center had a new Executive Director as well, and a great fundraising model. We used it ourselves, and that was our first Good Apple Reception. It was a game-changer for us.

What has surprised you most about working with MA Appleseed?

How much everyone is looking for ways to make a genuine impact.

What is your favorite memory from your time with MA Appleseed?

That moment when I looked at the financials and realized we actually had a budget and money to pay staff and work on projects. When I started working for MA Appleseed, we had maybe $5,000 in the bank.

What projects have been most meaningful to you?

The School-to-Prison Pipeline. I remember encountering the issue when I was interning for CPCS in their juvenile defender unit. I started talking to a few folks at Harvard Law School and the Georgia and Texas Appleseeds about the scope of the problem. I wasn’t sure what role MA Appleseed could play, but I knew we had to get involved in this issue. At that time, MA Appleseed was looking for a signature project and this seemed to be a good fit for us.

You’re a public defender, on the front lines of this kind of work. What’s your personal philosophy about access to justice?

That there isn’t enough of it. There’s more access to justice for criminal defendants than for any other litigants, thanks to Gideon. When I think of access to justice within the context of my work as a public defender, I think about it more in terms of having access to affordable and competent counsel. There needs to be a civil Gideon.

You’re departing from the MA Appleseed Board of Directors this year. Do you have any advice for current and future Board members, or any final thoughts with which to leave the organization?

Keep your eyes peeled. There are plenty of everyday issues that need to be addressed systemically. When you come across something in your daily work that doesn’t seem right, figure out how to leverage MA Appleseed’s resources to address it. Chances are pretty high that you aren’t the only one who has noticed that something about that needs to change.

Kristen Graves joined the Board of Directors of Massachusetts Appleseed in 2007, and we thank her for the years of passion and energy she has dedicated to promoting equal rights and opportunities for all Massachusetts residents.

 

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Thank you to everyone who raised their voices and called their State Representatives to advocate for our FY20 budget priorities! The House budget debates have come to an end, and the results are in. And as is often the case with the state budget, the results are…mixed. To see the full, finalized House budget, click here. For a deeper dive into our budget priorities – safe and supportive school environments, civil legal aid, and youth homelessness – read more below.

Safe and Supportive School Environments

Adequate funding to continue the implementation of the Safe and Supportive Schools program is necessary to ensure that all students are empowered to succeed in school. However, last month the House rejected Rep. Ruth Balser’s Amendment #1099 to maintain funding at $500,000, instead reducing funding for this line item to $400,000.

The Safe and Supportive Schools law was passed in 2014 to support an expansive and innovative vision of safe and supportive whole-school cultures that address many barriers to learning in Massachusetts schools.

But without level funding in 2020, the Safe and Supportive Schools Grant Program, statewide conferences and leadership summits, a second independent evaluation of all activities, and more may go unfunded. We will advocate for $500,000 – the same amount as last year – for inclusion in the Senate in order to continue this vital work.

Click here for more information about this issue.

Civil Legal Aid

The Massachusetts Legal Assistance Corporation (MLAC) line item (0321-1600) funds free legal services in civil matters for low-income residents of Massachusetts and is an enormously important component of the fight to ensure access to justice in the Commonwealth.

For low-income families facing devastating civil legal aid problems – such as eviction or domestic violence, civil legal services, funded by MLAC, are often their last hope.

The House increased civil legal funding to $23.6 million in its final budget. This is an improvement from the budget recommendations initially released by the House Committee on Ways & Means, but less than Rep. Balser requested in Amendment #1095 and much less than MLAC’s original request of $26 million. Thank you for your advocacy to bring us this far, and we look forward to fighting for the full requested increase in the Senate.

Click here for more information about this issue.

Youth Homelessness

Housing and Support Services

Despite reports of youth homelessness on the rise in Massachusetts, the House rejected Rep. James O’Day’s Amendment #883, which would have increased funding for services and support for youth experiencing homelessness to a much-needed $5 million.

Increased funding for this line item (4000-0007) is vital if we are going to build on past progress and create a sustained, systematic, and effective response to end youth homelessness in Massachusetts.

We are deeply disappointed that the House failed to increase funding for these critical programs to support youth experiencing homelessness, and will continue to push for increased funding in the Senate.

Click here for more information about this issue.

Massachusetts State ID

Government issued identification is necessary to complete many crucial and daily tasks, such as opening a bank account, enrolling in education programs, getting a library card, entering certain government buildings, and more.

But youth experiencing homelessness face several barriers that often prevent them from obtaining ID.

Rep. Kay Khan refiled a bill addressing this issue again this year (despite broad support, the bill failed to pass last session) and she also filed two amendments to the House budget that would have helped eliminate the barriers youth experiencing homelessness face now.

Unfortunately, Rep. Khan’s budget amendments were also not adopted by the House last month. While we will continue to advocate for the refiled bill seeking to solve this throughout this legislative session, we are hopeful that the Senate will include similar language in their proposed budget. Including this language in the final FY20 budget would allow youth experiencing homelessness to access IDs sooner rather than later.

These changes to ensure youth experiencing homelessness are able to obtain state ID should not be controversial. These are common-sense reforms that repair the damage insurmountable hurdles – such as a $25 application fee or requiring a permanent address – have caused for our most vulnerable youth.

Click here for more information about this issue.


So there it is…the first stage of the 2020 budget battle is over. And when it comes to our students, our low-income neighbors, our young people most in-need, we have one thing to say to the Legislature: We must do better.

Thank you for raising your voice and standing up for these key line items in the state budget. The Senate Committee on Ways & Means is scheduled to release its budget recommendations TOMORROW, with amendments due this Friday at noon, and we hope you join us again! Each and every time you reach out to your State Legislators and lend your voice to the chorus calling out on behalf of indigent communities, you are bringing us one step closer to a more equal and just Massachusetts.

 

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By Jake Hofstetter | Research and Policy Associate

In the wake of the massacres in Parkland, Florida and Santa Fe, Texas, the Trump administration proposed several steps, such as arming teachers, to improve school safety. In addition to these proposals, the Secretary of Education Betsy DeVos and her Commission on School Safety released a report that also contained an unrelated policy change — rescinding the Obama administration’s school discipline reforms. Doing away with this policy doesn’t decrease the chances of school shootings. It doesn’t make schools safer. But it does allow schools to discipline students more freely and without considering the harm and racial discrimination that occurs when kids are removed from class.

The Obama administration’s school discipline recommendations were a step in the right direction. The 2014 guidelines recommended school administrators use removals from class or school less frequently due to the harm caused to students’ academic performance. Besides the lack of evidence showing removals improved behavior, these practices were (and still are) having a disproportionate impact on minority students and those with disabilities. To take the place of removals from class, the Obama guidelines encouraged more restorative discipline practices. These policies focused on students’ social and emotional well-being in order to foster safe, nurturing schools. To enforce these guidelines, the Obama administration warned of investigations into schools with serious racial disparities in discipline. Despite the evidence against harsh school discipline practices, the Secretary DeVos’ Commission cancelled the Obama guidelines, citing concerns for school safety and local control over education. School safety matters of course, but there’s something willfully old-fashioned in the administration’s desire to allow harmful school discipline practices to continue for the sake of “maintaining order.”

Admittedly school discipline may seem straightforward and uncontroversial to a lot of Americans. A student breaks the rules, his or her name gets called over the loudspeaker to report to the principal’s office, and the student gets punished. Yet the type of punishment matters a lot. Taking students out of class through detention or suspension harms their chances at academic success. Plus, there’s evidence the practice doesn’t stop misbehavior. We also shouldn’t delude ourselves into thinking that disciplining students is neutral. Black and Latino students are disciplined at greater rates than their white peers even when controlling for poverty and discipline type. Without the threat of federal investigation, there’s no way to tell how school districts across the country will respond. The Obama guidelines may have converted some districts to more effective discipline approaches, but others may return to harmful practices that will lead to worse outcomes for minority, disabled, and LGBT students.

Even though we can’t guarantee what will happen in schools across the country, Massachusetts can continue this important work. The Massachusetts Department of Elementary and Secondary Education deserves praise and recognition for its commitment to the principles laid out in the Obama administration’s guidelines despite the new stance of the federal government. Massachusetts Appleseed will also remain committed to our efforts to reform school discipline practices and disrupt the school-to-prison pipeline. Through our Keep Kids in Class project, Massachusetts Appleseed has provided know-your-rights guides for parents, advocated for less exclusionary discipline practices in schools, and published original research on the state of school discipline across Massachusetts. Despite changes in Washington D.C., we remain dedicated to removing barriers to access to public education and supporting at-risk youth to keep kids in class where they are safe, supported, and free to learn.

 

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It’s over! The formal session of the Legislature ended at midnight on Tuesday, which means, although the Legislature will continue to meet in informal sessions, action on the most remaining controversial legislation will be tabled until January 2019.

So what are the results? Read more below about how our priorities fared in the FY19 budget and what happened with a bill to break down barriers for homeless youth.

The FY19 State Budget

The state budget is incredibly important to the people in need we fight these legislative battles on behalf of. We’ve seen what happens when funding disappears – just last year, a Cambridge shelter serving LGBTQ youth came within inches of closing its doors for good.

Not this time.

I couldn’t be more pleased to report that all – yes, ALL – of the priorities you helped us fight for made it in!

You raised your voice in the House. You emailed your Senators. You pushed the Conference Committee. You picked up the phone and called Governor Baker. You took action, and it worked.

That means:

Civil Legal Aid: Funded at $21.04 million, a mere $2 million shy of MLAC’s initial request and a $3 million increase over last year. That’s $3 million more going to provide critical free legal services to those who cannot afford an attorney!

The Housing Court Expansion: Fully funded at $2.6 million, a huge win for expanding access to justice into areas of the state where people need it most!

Language Requiring Schools to Publish Meal Charge Policies: Included, and an important step forward in the ongoing fight to end lunch shaming and protect low-income students.

Support for Homeless Youth: Funded at 3.3 million, a huge increase from last year!

Task Force to Tackle Language Access in Schools: Language was included in the budget to establish this task force which will help to ensure schools are fulfilling their obligation to communicate effectively with limited English proficient parents about their child’s education!

For joining us in this series of budget battles and sticking by us for months, thank you.

For standing up and demanding a better, fairer Massachusetts, thank you.

For these remarkable victories, thank you.

Homeless ID Bill

Now the bad news.

Despite our best efforts, Senate Bill 2568, An Act to provide identification to homeless youth and families, did not pass before the end of the formal legislative session. This bill is a common sense reform measure that would make it easier for homeless youth to obtain state identification.

Without state ID, homeless youth cannot apply for a job, enroll in education programs, get a library card, or accomplish a number of other important, everday tasks. This bill would have eliminated the $25 fee and eased the path towards getting a state ID for homeless applicants. It could have made a big difference in the lives of homeless youth around the state.

We’re disappointed the Legislature was unable to pass Senate Bill 2568 before the formal session ended. But we aren’t giving up. This bill passed the Senate unanimously and we still have hope that, working with our community partners, we can get it passed by the House during informal sessions. Stay tuned as we work to make this happen!

 

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