Matthew’s Story

Pictured: Matthew (Left) with Education Law, Staff Attorney Molly Jane Thoms (Right) 

Last winter, CLA Staff Attorney Molly Jane Thoms led a training for staff from the Brien Center, a non-profit social services organization in the Berkshires. The next day, Attorney Thoms received a call from one of the Brien Center’s caseworkers and heard about Matthew for the first time.

Matthew was thirteen and had lived in Berkshire County his whole life. Over five years ago, his public school district placed Matthew at a private special education school due to his social and emotional needs. While he originally thrived in this program, something changed in the fall of 2022. His grandmother and legal guardian, Deanna, started getting calls from the school saying his behavior was uncontrollable and she had to come pick him up. Matthew was even suspended a few times. In February 2023, with no process or warning, the school informed Deanna and the district that he was not allowed to return.

Fortunately, Matthew started at a new school the following month. Since then, he has been making remarkable progress. But his family wasn’t ready to turn their back on his challenging experiences. In particular, Matthew continued to express concerns about friends who still attended his former school.

In investigating the situation, Attorney Thoms discovered that personnel at his former school had physically restrained Matthew on a regular basis. His family had not been notified about most of the restraints, in violation of numerous state regulations. The school had also violated his procedural rights related to school discipline and termination of placement.

With Attorney Thoms assisting her, Deanna decided to file a complaint with the state education agency, the Department of Elementary and Secondary Education (DESE). The school was unable to refute any facts the complaint alleged. The case was ultimately resolved through an agreement between the family and the school that achieved Deanna’s two primary goals: to bring attention to Matthew’s experience at the school and ensure increased oversight of this school by the Office of Approved Special Education Schools (OASES), which is a branch of DESE.

Throughout the process, Attorney Thoms’ advocacy was fueled by Deanna’s desire to ensure other students would not experience what Matthew did. Deanna feels strongly that schools serving vulnerable children like Matthew must remain visible and accountable to the communities responsible for their education and well-being.