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Murphy, Hesse, Toomey & Lehane Advisory Board Member Pens

United We Stand

MHTL’s advisory board member, Charles Desmond pens a powerful article on the recent protests.

 

Dr. Desmond is a former chair of the MA Board of Higher Education for eight years, recent recipient of the MLK Living Legacy Award from UMass Boston for his continued work of social justice and racial equality, recipient of the silver and bronze start for valor, and presently serves as the CEO of Inversant, the largest parent-centered children’s saving account initiative in the Commonwealth. Dr. Desmond was also featured in Tom Brokaw’s book “Boom”.

 

United We Stand

 

This is a uniquely defining moment in American history. In our collective lifetime, few of us have seen or could possibly imagine anything approaching the events we are now witnessing on the streets of Boston, across New England, and in states and countries across the globe. What began as low simmering protests in Minnesota has metastasized and sparked massive demonstrations, public unrest, civil disobedience and seemingly unending acts of public revolt in cities and towns across the nation and globe.

 

Universal feelings of disgust, anger and rage have erupted over the callous and dehumanizing murder of George Floyd, a black man whose gasping cries for air and helpless pleas for his mother went unheeded as a rogue white police officer knelt on his neck while three of his fellow officers stood by and watched Floyd’s life poured out on a Minneapolis street. The depravity and grizzly last moments of Floyd’s life were captured on a video reminiscent of the horrific Lorraine Motel assassination video of Martin Luther King some 52 years earlier.

 

Issues of entrenched, systemic and institutionalized racism have long been matters of great concern in America. The brutality of slavery led to the Civil War, Reconstruction and decades of dehumanizing racial oppression in America. The civil rights movement of the 1950s and 60s was a reaction to heightened racial segregation and oppression in the United States, and many people, myself included, believed the groundbreaking legislative and legal provisions enacted in the aftermath of that movement were destined to usher in a new, more open, egalitarian and just era in America.

 

While progress was undeniably made for many black and minority Americans in education, employment, housing and other areas of social advancements since the 60s’, deep and enduring remnants of racial injustice, police brutality and economic inequality remain in urban centers and rural pockets of the country. George Floyd’s death contemporized this reality in America, and people from all walks of life resonated with his suffering, identified with his humanity and grieved for his brutal death. In response, they joined together in a collective wave of action focused on advancing equality, racial justice and social change across the nation.

America now stands with the eyes of the world upon it. It is, in many ways, a moment of truth in which our country is again being tested to see how it will respond to yet another historic challenge to its system of government, the world’s oldest, continuously active codified constitution, predicated on equality and the unalienable belief that all men are created equal. In these challenging and uncertain times, I turn to Abraham Lincoln who said, “It is a sin to be silent when it is your duty to protest.”

Charles F. Desmond

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In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

Legal Updates

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

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