Special Education Law Blog

Exceptions to the Illinois School Immunization Law

Illinois law provides for exceptions to the requirement to have your child immunized prior to entering school.  The statutory deadline for providing proof of immunization is October 15 or such earlier date as the school designates, unless the parent files an objection based upon religious grounds or registers a medical objection signed by a doctor.  See 105 ILCS 5/27-8.1 and 20Ill. Adm. Code 695.30.  The medical or religious objection is then filed with the State for its approval.  In the event the objection is found insufficient, the child will face exclusion from school until compliance is accomplished. Here some additional guidance from the state on invoking either exemption.

While personally, I am not taking a position either for or against immunizations (that is an individual and/or medical decision), parents need to know how they can opt out of the requirement of immunizations in school.  Too often, parents either find themselves in a last minute crunch because the school did not give timely notice, or the parent provided a medical objection and the school found the letter to be insufficient.   I am attaching a form (in pdf format) that should be sufficient for the school and the State health authorities in most cases, so parents will not have to reinvent the wheel each year.  I cannot represent that this form will work in every case; my strong suggestion is to file it early in the year to allow parents time to provide any additional documentation to invoke the immunization exception. Click here to download the form.

Chicago White Sox

We are all riding high on the Chicago White Sox, the new World Champions.  Here is another reason to celebrate the Sox organization--they also care about children with disabilities.   About a month ago, the Sox organization donated a large block of prime tickets to CNS Foundation so that a group of children with disabilities could go to the game along with their families.   CNS Foundation is an organization that raises money to benefit research on diseases and disorders of the Central Nervous System ("CNS").

Many of these children (including my son) had never been to a professional sports game before.   The children had a super time, especially when the scoreboard exploded.   The food was great and the stadium was incredibly accessible.  The stadium staff was helpful without pity.   They seemed prepared and accustomed to helping individuals with disabilities.   Kudos to the Sox for great baseball and for making the experience accessible and enjoyable.

A Robin Gavin Symposium for Parents and Professionals - November 5, 2005

The Robin Gavin Symposium for Parents and Professionals is a workshop intended for anyone interested or concerned with the care and well-being of children with special needs. The content focus is on children, but it can be adapted to young adults and adults.  The cost of the workshop is $25.00 ($40.00 total when two parents attend) and includes continental breakfast and a box lunch.  You may also receive 5 C.E. hours towards E.I. credentialing.  Please R.S.V.P. by October 31, 2005.

The Symposium will take place at Arlington Pediatric Therapy Management Services, Ltd., 3105 N Wilke Road, Arlington Heights, IL 60004 (located between Dundee and Rand Roads, Wilke is the frontage road east of route 53).

The schedule for the November 5, 3005, event includes two outstanding programs and training opportunities presented by Barbara T. Doyle, M.S.:

Child's Welfare Key for Illinois Hearing Officers

Having returned from presenting at the hearing officer training, I wanted to share my thoughts. There are a lot of new hearing officers, and the overwhelming majority (all but 3) are attorneys.  There is a diversity of gender, races, ages and abilities.  They are all bright and inquisitive and seem to be well versed in IDEA 2004.  The new hearing officers are grappling with the various issues that the new law has brought about and the current uncertainty of the law without new Federal and State regulations.

The common concern among all of the hearing officers was a focus on the child.  I believe that each in his or her own way views him/herself as a person who is dedicated to the child's welfare within the bounds of the law.  Of course, there is a lot of room to disagree over what is appropriate for the child.  The general feeling, moreover, was that due process issues that are petty or overly technical in nature are not compelling.  It must be the focus of due process to show the connection between the harm to the child or the educational loss and the issues presented.  Parents, advocates and parent attorneys must avoid being seen as playing a game of "gotcha" with the school or being viewed as uncooperative at the expense of the child.  Acting in a way that allows our cases to be cast in this light will be very unproductive and will likely lead to a losing outcome.  We need to stay child focused, remain clear on the harm or loss to the child, and avoid an appearance of pettiness. While these observations may appear to be common sense, in the heat of the moment and in the wake of strong emotions, such strategic thinking can allude us.

There were certainly some hearing officers who worried me. Some seemed to regard school district's with way too much deference, which is a major concern for me as a parent's attorney.  I can state candidly, however, that at the training, all of the hearing officers were listening and trying to hear both parent and school district perspectives.

Using Garret F. to Advocate for Assistive Technology.

On March 3, 1999, the United States Supreme Court issued its decision in Garret F. v. Cedar Rapids Community School District, 526 U.S. 66 (1999).  The case was decided by the Court in a 7-2 decision in favor of the child’s right to receive one-on-one nursing as a related service.  Although this case does bear directly on the provision of AAC or technology, this decision may be useful in advocating for assistive technology.

October 2005: Tricks for Halloween Treats for Children with Diabetes

Kids with diabetes face difficult challenges on Halloween.  While their friends are trading candy corn for skittles and gorging on sugary treats overflowing from pumpkin buckets and pillow cases, children with diabetes must exercise caution and refrain from indulging on too many Halloween treats.  However, Halloween can still be a fun and enjoyable holiday for children with diabetes, and with a little creativity and supervision, they too can indulge in the gooey sweetness of Halloween treats and festivities.

IDEIA 2004 Interactive Telephone Seminar - October 31st, 2005.

The National Association of Administrative Law Judges and the National Judicial College invite your participation in an interactive telephone seminar on the due process hearing related portions of the Individuals with Disabilities Education Improvement Act of 2004, proposed new regulations under the Act, and problems hearing officers and ALJs may be having in implementing the new Act.  This invitation is open to everyone but should be of primary interest to Administrative Law Judges, Hearing Officers, and attorney practitioners who regularly conduct or participate in Special Education Due Process Hearings.

The seminar will be held on Monday, October 31, 2005 from:

• Eastern Time: 4:00 to 5:15 p.m.
• Central Time: 3:00 to 4:15 p.m.
• Mountain Time: 2:00 to 3:15 p.m.
• Pacific Time: 1:00 to 2:15 p.m.

Inclusion in the Context of Disability Awareness Month - by David A. Kuriniec

It’s that time of year again—the time of year when, by wearing a pin or ribbon, or by engaging in “what it’s like to be disabled” simulations, schools and businesses seek to promote disability awareness month.  But the big question remains unanswered: of what exactly are we becoming more aware?  It cannot merely be that different types and varying degrees of severity of disability exist.  The month of October, then, is really framed in the wrong context.  Activities should be geared more toward propagation of the fact that disability is a natural part of life, and that a culture that promotes and actively implements an inclusive philosophy is ideal.

Assistive Technology Is Worth Fighting For

Cost is one of the most common reasons that school districts are resistant to discussing or providing assistive technology to students with special needs. While this “reason” may be valid, it is not a sufficient legal excuse. Under the current mandate of IDEA, if assistive technology is required to allow a child to access his or here educational environment, and if it is defined in the child’s IEP, the cost of the device is simply not an excuse. Nor can the cost of a device be pushed off onto the parents or their insurance company. The well-known requirement of a Free Appropriate Public Education or FAPE means “free” to the family.

As a practical matter, to increase the likelihood of a successful and non-adversarial exchange on the subject of assistive technology, families should undertake certain preliminary steps.  It will be essential that a professional evaluation be undertaken to decide that the child needs an assistive technology device and how it relates to the child’s educational program. Devices for speech augmentation, for example, may appear to have an obvious connection to the school environment, but the relationship between the device and the child’s educational program should be explained in detail.

No Child Left Behind May Protect Rights of Students with Disabilities

On October 11, 2005, the Washington Post ran an article suggesting that the federal No Child Left Behind Law (NCLB) has helped to institutionalize a process of protections for students with disabilities, whether or not their parents or guardians were in a position to advocate for them through IDEA.

Ricki Sabia, Associate Director for the National Down Syndrome Society Public Policy Center, shared her perspective on the law:

"At national conferences I have seen that some teachers and administrators are beginning to see that segregating students with disabilities in classes without access to the general curriculum or highly qualified--content trained--teachers is partly to blame for the achievement gap," she said.  Unfortunately other teachers and administrators are spending more time fighting NCLB than they are spending on narrowing this gap."

"The biggest impact of NCLB may be a revolution in the way we talk about education for students with disabilities," she said.  "The standard has always been an appropriate education which provides some minimal benefit or progress on IEP goals.  We only heard 'world class' or 'state of the art' applied to general education.  With NCLB, school systems will have to start applying those terms to students with disabilities if they are not to be left behind."