The Massachusetts Bar Association’s House of Delegates approved four resolutions related to pending state juvenile justice legislation at its meeting on Thursday, Jan. 23.
After an introductory explanation from Juvenile & Child Welfare Section Council member Michael F. Kilkelly, HOD members voted to support in principle passage of the following bills:
An Act to ensure equitable access to education, including special education services, for all students in Massachusetts. According to a fact sheet from Massachusetts Advocates for Children, “This bill makes it is easier for educators, parents, students, communities, and policymakers to identify bias and discrimination to help them target their resources and responses.”
An Act enhancing learning in the early school years through a ban on school exclusion in pre-kindergarten through 3rd grade. According to a fact sheet from Massachusetts Appleseed Center for Law & Justice: “The Young Student Exclusion Ban Act aims to improve educational outcomes by banning Massachusetts public schools from suspending or expelling students in grades pre-K through 3rd grade for non-serious disciplinary infractions. The bill expands this exclusion ban to 4th grade after one year after enactment, and to 5th grade two years after enactment.”
An Act to remedy disparities in students’ educational achievement. According to a fact sheet distributed by a coalition that included Mass Advocates for Children, Citizens for Juvenile Justice (CFJJ), Mental Health Legal Advisors and the Committee for Public Counsel Services (CPCS), “This bill narrows the acceptable parameters for suspension or expulsion to prevent students from losing their education due to minor infractions and ensures that students who are facing more serious allegations have the right to due process.”
An Act to ensure educational rights are upheld for incarcerated emerging adults. According to a fact sheet from Citizens for Juvenile Justice, “This bill proposes systemic reforms, modeled after the Department of Youth Services' educational services, to ensure that youth (under age 22) are regularly engaged in education, including high school, special education, higher education, or vocational educational programs.”
Officer Reports
Earlier at the HOD meeting, MBA President Victoria M. Santoro spoke about her participation at two programs earlier in the day, including a Tiered Community Mentoring Program event and the annual Walk to the Hill for Civil Legal Aid. Of the latter, Santoro recalled that the legal aid client who spoke to the crowd about her experiences “was so inspiring and showcases exactly why we need to advocate for legal aid.”
She also touted other recent events, including the Fireside Chat with Boston Lawyers Group Executive Director Tracey West, which featured a discussion about the best practices to attract and support law students and attorneys of color. Santoro added that the dean of New England Law | Boston reached out to her after attending the Fireside Chat and, as a result, Santoro will be visiting the law school in February as part of the MBA’s efforts to increase engagement with law school students.
Santoro praised MBA Secretary Marc A. Moccia for running the January Leadership Academy session, where Leadership Academy fellows heard from a panel of businesspeople and lawyers who talked about how their backgrounds in athletics have helped their careers. She said the next Leadership Academy meeting would take place in February, followed by the graduation ceremony in March.
MBA President-elect Michael H. Hayden also previewed some upcoming events, including a presentation to Section Council leadership about unconscious or implicit bias, which will take place on Feb. 5. Additional programs will be held at a later date about bystander intervention.
During his report, MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy highlighted the advocacy efforts at the Walk to the Hill, noting that the Massachusetts Legal Assistance Corporation (MLAC) is seeking a $54 million budget allocation for FY 2026; so far, the governor’s initial budget proposal has MLAC level funded at $51 million.
Healy also announced that the nomination and election process was about to begin for the MBA’s 2025-26 year, and he reminded HOD members that the deadline to apply to be an officer or delegate is Feb. 21.
Before adjourning, HOD members approved the minutes from the November 2024 meeting. The next HOD meeting will take place on March 20.