Special Education Law Blog

Illinois Taking a Strong Stand Against Disability Discrimination during COVID Pandemic

Illinois lags in so many ways but for once I am proud to be an Illinoisan. They have taken a strong stance against disability discrimination at this time of COVID. Still have much to worry about but perhaps this statement of policy will help my son and others who are so vulnerable even on a good day.

Arts Of Life: A Place of Creativity and Belonging

It is hard to believe that for nearly the last 6 years my son has been a participant in an amazing program called Arts of Life at the Glenview, Illinois campus. This program has given real meaning to my son's life and an outlet for his creativity,  a place to belong and be social. He has been repeatedly recognized for his leadership and his artistry at gallery showings and through other events. Our family could not be more proud.

However, until recently I had no idea about the foundation upon which Arts of Life had been established and the dream that brought this organization into existence. The Chicago campus just celebrated its 20 year anniversary and the Glenview campus its 10 year anniversary. The following videos showing the history of Arts of Life are beautiful and inspiring, at a time when we could all use some inspiration and beauty. I hope that after you see these videos, you will realize again how much people with disabilities can accomplish when the community comes together under solid leadership with a vision for success.

 

COVID Requires Some Creativity from Schools

Many schools are and have not been creative in how they plan or deliver instruction for children with special needs. Under ordinary circumstances that is a problem. Today lacking in creativity is the difference between students with special needs getting something from their education and getting literally nothing. I have seen a wide gamut of responses to this pandemic. I have students in private programs that are getting almost a replica of their day through zoom or google or similar platforms. I think that is the exception and not the norm, and I am not sure why learning cannot occur this way for many students who can engage with video content. I have students who receive 1:1 lessons with their teacher in 20 minute blocks through video conferencing to cover special education content and videoconferencing for group work as well. This means of delivering content has worked well, and in the main the student is continuing to progress. Those are the exceptional cases.

COVID-19 Cannot be a Time of No Education for Students with Special Needs

It appears that this pandemic of COVID-19 is a time that lawmakers such as Senator Lamar Alexander and others are ready and willing to basically exempt school districts from their obligations under IDEA. At this time our students need more not less education and more creative solutions. Elearning will not be the answer for many students with a high emphasis on self teaching and self-initiative. I have rarely seen schools take creative approaches but now is the time for schools to be more creative and not take an "oh well" approach to special education. This time off from school, that will likely last until the end of the year, and perhaps beyond cannot just be dead time. Fortunately there is guidance that school's still must meet the needs of students with special needs. The following is a posting from COPAA, detailing school's obligations (see below) at this time and beyond. We will likely need to have many (and extended) conversations about compensatory education for the many missed educational opportunities. Do not be shy about emailing your case manager and special education director requesting more than ineffective elearning for your student.

 

Now is the Time to Think About Workplace Accommodations

As advocates, our goal is to prepare our children with special needs for further education, employment, and independent living.  For many of our students, successful employment may be contingent upon implementation of workplace accommodations.  But how do we know which accommodations will be helpful, or even what they are?

Fortunately, we have tools to help us through the process.  An excellent website I recommend to clients is the Job Accommodation Network (JAN).  Its primary topics of Disabilities, Limitations, and Work-related functions are paired with a staggering array of potential workplace accommodations.

We have all complained about schools offering cookie-cutter accommodations by disability category; thus, we must not repeat this error in requesting job-related accommodations.  Not every student with ADHD requires the same seating preferences as the other; not every student with a hearing impairment requires hearing FM systems, etc.  So how do we avoid this trap?  By skillful use of data collection in our students’ transition plans.  Once our students begin their vocational experience—be it in the school cafeteria, retail store, or other location—we need to consider what accommodations may be necessary for them to be successful and document what works, and more importantly, what doesn’t work, to help them achieve their transition-related goals.  Once the student graduates and is ready to enter the workforce, he or she can assert with confidence what will be beneficial for successful employment. 

 

 

Department of Education Revokes Discipline Guidance

In an ongoing effort to role back more progressive and supportive guidance the current Department of Education under Secretary DeVos revoked prior guidance and policy documents designed to protect students including those with disabilities. The National Center for Learning Disabilities has issued a statement in opposition to this revocation. The following is a response from COPAA, a national recognized special education advocacy organization, that I am proud to be a member:

Today, the bar for supporting and protecting our children has dropped to a new low. With the rescission of the discipline guidance, Secretary DeVos has communicated to our nation’s children with disabilities and children of color that they are not valuable; and, that the negative, disparate experiences they face at school do not matter. While it is unequivocal that revoking the guidance does not change requirements under the law and the statutory and regulatory requirements of Title IV and Title VI remain intact, today’s action ignores the facts and fails our most at-risk children.

The guidance was created to promote equity in how our students experience disciplinary actions and provided resources for school administrators to inform decision making and to prevent disparity based on race and disability. It also included explanations from the U.S. Departments of Justice and Education about the well-defined processes they would use to investigate cases of discrimination under Titles IV and VI.

The guidance has helped school districts develop programs to incorporate a range of strategies that reduce challenging behaviors, maintain a safe learning environment, and keep kids in school. The guidance also provided a measure of accountability within federal jurisdiction.
 

Today, however, it’s clear the rescission is targeting the removal of both the guiding support for school districts as well as the public commitment from the federal government that would assure students civil rights are protected. The Administration is now choosing to hide how legal obligations will be fulfilled.
 

COPAA is aware there are many educators striving to implement policies and programs to positively support students and reduce disparity; soundly designed with the needs of students and school leaders in mind. We stand with and encourage all school and district leaders who are committed to systems based on mutual respect, grounded in evidence-based educational practices and whose focus is to create safe, inclusive and positive educational environments.”

Marshall concluded, “Unfortunately, the rescission is likely to foster the growth of racially discriminatory practices where implicit bias and other negative factors disproportionately impact students with disabilities and students of color, including the use of abusive practices such as seclusion and restraint. To mitigate the impact of the hardened action from Secretary DeVos, COPAA renews its commitment to stand up for children. We’ll do so by continuing to fulfill our mission; specifically, we’ll take every necessary step to hold the Office for Civil Rights and the Department of Justice accountable for the civil rights of the children we protect and serve.”

The Department of Justice and the Department of Education withdrew the following statements of policy and guidance:

• Dear Colleague Letter on Nondiscriminatory Administration of School Discipline dated January 8, 2014; and
• Overview of the Supportive School Discipline Initiative dated January 8, 2014.
  
  Additionally, the Department of Education is withdrawing the following related documents:
  

• Guiding Principles: A Resource Guide for Improving School Climate and Discipline,dated January 8, 2014;
• Appendix 1:S. Department of Education
• Directory of Federal School Climate and Discipline Resources, dated January 8, 2014;
• Appendix 2: Compendium of School Discipline Laws and Regulations for the 50 States, Washington D.C., and Puerto Rico, dated January 8, 2014; and
•  School Discipline Guidance Package FAQs, dated January 8, 2014.

 

Chicago Public School's Home Bound Policy Ordered to Be Changed

At our office we have had an ongoing battle with Chicago Public Schools creating its own set of rules for when they will provide home bound instruction. They frequently make up rules under the heading "that is not the way we do things here in Chicago." I have come to calling CPS the "Republic of Chicago," as it appears they do not believe they are still part of the federal system of laws including IDEA. Several months ago, my associate Julie Welsh, filed a complaint with the Illinois State Board of Education challenging CPS's refusal to provide home bound services for a Download 1834_0001 student with mental health services because an MD doctor signed off on the request (as required by law) but not his psychiatrist (not a requirement of the law). The attached is the decision from the state investigators not only finding in our favor on this specific case, but ordering CPS to make a systemic change in how they address requests for home bound services. CPS will need to draft new policies for delivery of home bound services, train staff of the new policies and document implementation of the new policy.  Santa came a little early this year and we could not be happier for the client and for they systemic changes that Julie was able to bring about for other families in Chicago.

No Fundamental Right to Read

I know there are so many things going awry these days and rights that were long recognized are being plowed over, and here is the latest example in Gary B. v. Snyder. Download No Fundamental right to read_decision. Some how you are expected to participate in society and have any kind of education without learning to read. We will apparently need a law to state the most fundamentally obvious points that participation politically requires reading, and if a meaningful floor of education is not provided, especially to the poor and people of color, that is a problem and represents an effective disenfranchisement.

Threat Assessment Plans and Students with Special Needs by Charles P. Fox and Marilyn Green-Rebnord

It has happened again--yet another school shooting in our country with multiple fatalities.  This shooting is the 16th school shooting this year, an average of about one every week.  Parents and teachers are terrified, students are marching, politicians are offering thoughts and prayers, and administrators are struggling with how to protect our nation’s students.  We can anticipate over the next few days that someone will proclaim that the latest violence is the result of a “sicko;” we could not, however, predict that incoming NRA president Oliver North would blame the shootings on a culture of violence and all of the boys who have been on Ritalin since “their early years.”  Comments such as this only serve to increase the stigmatization of students with mental health issues or special needs. We must not let this happen.  The purpose of this blog is not to address the need for commonsense gun laws.  Instead, it focusses on addressing other strategies that can help prevent school violence, such as threat assessment plans, and recognizes what does not work, such as profiling of students with special needs (a la Oliver North).  

School Shootings and Students with ED by Charles Fox and Marilyn Green-Rebnord

COPAA, the Council of Parents, Attorneys and Advocates, released a statement after the Parkland shootings urging us not to use yet another school shooting tragedy as an impetus to marginalize students with emotional issues and mental illness but to remind us that school districts need to address these students’ issues.  School districts are mandated under the IDEA to both identify and provide services to students with mental health issues under the classification of Emotional Disturbance.  These students need help; they don’t need to be pushed out or excluded from school due to their occasionally very problematic behavioral issues.