Lawyers have their own language. It might be a little frustrating at times, but that is the reason we spend three painful years in law school learning how to think, speak, and write like lawyers. By the time we pass the bar, we have been equipped with a roadmap that allows us to navigate the complex legal arena. Of course, we are not the only profession with its own language. In fact, almost all professions have terminology that is commonly understood by those within the profession, but confusing to those outside of it.
This year I am participating in Boston College’s Juvenile Rights Advocacy program, and I am busy learning yet another language. Do you know what the acronym IEP stands for? Have you ever heard the terms FAPE? What is the difference between the BSEA and OCR? If you don’t know the answers to these questions, don’t worry, many people don’t know them. IEP stands for Individual Education Plan, and as the name suggests, it’s an educational term. The BSEA is a court that is used to resolve education disputes; it stands for Bureau of Special Education Appeals. The OCR stands for Office of Civil Rights, which is another court that can be used for certain types of education related claims. FAPE is a legal term that stands Free Appropriate Public Education, which is a federal right and typically the basis for the claims that would be brought in front of the BSEA or OCR. As for CRA, it is not strictly an education term, however, many children who require specialized education services also require the help that a CRA grants. CRA stands for Child Requiring Assistance, and parents file them with the courts when they need the courts help to supervise their children.
What a ride 2019 has been! I hope you all are enjoying a well-deserved break — baking on a beach somewhere warm — now that the semester is done and over with (whoo!).
Wrapping up a year full of ups and downs, we wanted to highlight a few of the most popular posts by our amazing writers at BC Law Impact:
With that, thank you for following BC Law Impact, happy holidays, remember to re-apply sunblock every 3 hours, and we look forward to seeing everyone in 2020!
Jae Lee is a second-year student who loves hearing from readers. Contact him at firstname.lastname@example.org.
Dear Boston College Police Department Officer,
A few months ago, I parked my car (crookedly) in the Newton lot and began a mad dash to the building with two large folders in my hand. I was wearing heels that I didn’t know how to walk in, and I was late for a meeting with my clinic supervisor. Out of the corner of my eye I noticed you coming up behind me, and I instantly tensed. Instinctively, I sped up my pace and ignored the fact that me power-walking in heels was a recipe for a broken neck. After a few seconds you passed me, and opened the door I was about to walk through, which was a good thing because if I had tried to open it for myself, I would have likely spilled hundreds of pages of confidential client information all over the steps. You laughed and made a joke about them working us students too hard. I laughed too, though my laugh was a nervous and relieved one. I muttered a thanks and rushed through the door.
I don’t know if you realized how anxious I was, but if you did, I want to take this moment to apologize. I full-heartedly believe that it is wrong to judge someone based on appearances, but that is exactly what I did to you that morning. I didn’t see a person or a member of my community walking up behind me, I only saw your uniform. I understand that may sound odd to you, because as a police officer, you are labeled as the good guy. One of the first lessons we learn as children is that if you need help, find a police officer. In theory, seeing a police officer should instill feelings of safety and security and for most people it probably does, but it’s a bit more complicated for me and many of my fellow people of color. When I see you, I don’t feel safe and secure, I feel anxious and apprehensive. I don’t necessarily think you mean me harm, but I’m never quite sure what your intentions are.
We’re in our second month of 1L. By now, the Law Library has become our new home, caffeine and free pizza fuel our bodies, and we’ve all gone through the five stages of grief. And by now, almost everyone has been personally victimized by the supposedly random Cold Call.
So why is it that some of my classmates still carry a sense of alienation in the classroom?
The first week of school, one of my professors painstakingly struggled through a name pronunciation before giving up and joking, “I guess that’s the first and last time I call on you.” People laughed. To most of our classmates, I’m sure this incident wasn’t a big deal. They chuckled along with the professor, then probably forgot about it by the next cold call, not a second thought given to this well-intended yet problematic attempt at comic relief.
But as I glanced around the room, I met the eyes of other students of color. I could tell that there was a mutual understanding—this clear microaggression had triggered a feeling we all knew with aching familiarity. A feeling of hotness—a prickling sense of embarrassment and shame mixed with exasperation and invalidation. Of course, we knew that the professor had no malicious intent or meant any harm. But to us, the professor’s comment hadn’t just been a joke. It was a reminder of the underlying alienation and otherness we were conditioned to feel our whole lives.
Welcome (back) to Boston College Law! Today, I’m pleased to host a guest post from 2L Rachel Weiss, a Weinstein Scholar, on her experience joining the BC Law community.
Like most students coming into law school, I was extremely anxious. The source of my anxiety, however, did not just stem from the typical types of stressors that so many students face, such as embarking on a brand new and highly complex discipline, moving to a new city, switching careers, or making new friends. While I did share those concerns with my classmates, one of the biggest changes for me in coming to law school would be attending a Jesuit school as a Jewish student.
Growing up, I was always surrounded by others who shared my culture and religion. From an early age, I went to Hebrew School, spent summers at a Jewish overnight camp, then attended a predominantly Jewish high school, and even managed to end up at an undergraduate university with a sizable Jewish population. Knowing people who had also been raised in the Jewish tradition and having the support of my religious community were constants throughout my life.
Coming to Boston College Law School, I soon realized that things would be different. I was no longer surrounded by people with similar backgrounds and experiences to my own. As I started to navigate this adjustment, I was introduced to someone who would later become a major part of my transition to the BC Law community.
In my first post after my own graduation, I am pleased to host a blog by BC Law student and editorial assistant Marija Tesla, who writes about her family’s refugee story in honor of World Refugee Day.
I was six years old when politics became an integral part of who I am; it was then that I knew I wanted to work toward forging peace in the world. Growing up, my imaginary friends weren’t imaginary at all, they were the politicians whose names I heard every night, those who could not craft a compromise to achieve peace and stop a war I desperately wanted to end. It was there on my grandparents’ farm in a small village on the outskirts of Karlovac, Croatia in 1995 that I became a negotiator, addressing Franjo Tuđman, Slobodan Milošević, Alija Izetbegović—my own imaginary Dayton Accords. I escaped as a refugee in 1995, leaving Croatia and the farm that was my home.
Twenty-four years later, I am pursuing a career in law with a focus on global governance, human rights, refugee and immigration law, and negotiation—the very thing that was necessary in the Balkans in the early 1990s and is desperately needed today in Syria, Myanmar, Venezuela, and many other parts of the globe, including the United States of America. As a former refugee, I am aware of the interplay between local and global agents, and I understand the power and interconnectedness of both. I will always believe that government is about community, and I will continuously fight to protect the essence of what it means to belong to that community. After all, such communities, local and global, uprooted and rectified my life equally.
Four hours north of Phoenix, situated almost exactly on the Arizona/New Mexico border, Window Rock is the capital of the Navajo Nation. On March 2, I made the journey west with seven of my classmates to spend a week with the Navajo, learning about their government, law and culture, and doing our best at placements with the Presidents Office, the Department of Justice, and the Supreme Court.
I was fortunate to spend a week at the Supreme Court. The Court itself handles about a dozen cases each year, as well as countless orders and motions relating to those cases. The two of us assigned to the Court spent most of our time researching and writing orders, putting our Law Practice skills to the test. While I personally have a long way to go before I’m comfortable tackling research and writing problems on my own, honing my skills under the direction of the Supreme Court staff was immensely helpful.
This year Boston College gifted its students and faculty an extra day of reprieve on Columbus Day weekend, creating a new, four-day “fall break.” I took advantage of the extra time by heading down to visit my father in New York City, where we decided to spend a morning visiting Ellis Island and the immigration museum there. We set out with high hopes that were, unfortunately, chastened by missed opportunities.
Stepping off the boat at Ellis Island, you walk up to the main building that houses the exhibits and the only one that the standard ticket gets you into. The museum opens with a walk through the nation’s immigration history, beginning before Jamestown and stretching to the 1890s, when Ellis Island opened. The Trail of Tears, the Slave Trade, the mix of cultures that produced the likes of Jazz are all addressed. The history is deep and serves as a proper warm up to the story of the island itself, but, as my father pointed out, they might as well just hand you a book when you step off the boat. Displaying few artifacts, the exhibit doesn’t engage its visitors. You mostly step precariously around others, trying to stay out of their line of sight. I found myself gazing at the floor, which is a beautiful white tile, and wondering if it is original (it is).
I left the Jesuit Volunteer Corps with an Orleans Public Defenders shirt, heavy emotional scarring, and a strong idea of justice. I was prepared to ride into law school on a wave of virtue and morality, certain I knew what needed to be done and how I was going to do it. That wave crashed me right into Civil Procedure and Pennoyer and Rule 12(b)(3) and Contracts and estoppel and intent, and it wasn’t long before I realized it was going to be a while before I was certain of anything again.
Pretty dramatic, but the spirit is true. Law school is a change. There is a transition from being a normal person to a person who thinks legal jokes are funny. Still, overall, most of my preconceived notions have been proved wrong. Cold calls are not that bad, my classmates are also not that bad (fine, they’re pretty great), and six weeks in I have yet to muster any dazzling legal wisdom for family or friends.
I am pleased to host a guest blog today from Meg Ziegler, a 2L at Boston College Law School.
The outrage over the separation of migrant children from their families at our border is necessary and should be unrelenting. But family separations are happening in Massachusetts, too, and one root cause is that schools unnecessarily (or inappropriately) involve the Department of Children and Families (DCF) and the courts in the lives of children and their families for school-based issues.
This occurs in a number of ways. If a student is deemed a “Habitual School Offender” or a “Habitual Truant,” schools can file a Child Requiring Assistance (CRA) with the juvenile court. Once a CRA is filed, the school and family attend a preliminary hearing and may potentially have to attend a bench trial, a conference, and/or a disposition hearing. At a disposition hearing, the court may ultimately remove the child from his/her/their family and place the child in DCF custody.