February 2022 E-Newsletter |
This E-newsletter is devoted to sharing information about special education, disability rights, mental health and human services law, political policy and research that is of importance to people with disabilities, their families, and the professionals that work with them. It also includes updates and news about our firm and its activities. We hope you find it helpful and welcome your comments and suggestions. — Matt Cohen
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We're hiring: Join the Matt Cohen and Associates team |
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Matt Cohen and Associates needs help at all staff levels to meet our increasing caseload. We are hiring for four full or part-time positions: attorney, office/clerical staff, advocates and a social media coordinator.
Our office is primarily working remotely now, but periodic in-person office work may be needed. Read more.
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ISBE takes baby steps to address lack of residential placements for Illinois youth |
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We are so relieved that our client, Peter J., will be getting help for his son with severe disabilities, as reported by WBEZ. But we continue to have concerns about the lack of appropriate residential placements in Illinois. MCA clients and others continue to struggle to secure appropriate residential and day programs for their children with the most severe disabilities.
We are keeping up the legal and advocacy pressure on ISBE to address the problem with a more comprehensive solution and are working with a number of groups and legislators to make that happen. Read more from WBEZ.
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CPS offers cash payments to students denied special ed services during 2016-17 and 2017-18 school years
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In response to constant pressure and advocacy from SPEACC (the Special Education Advocacy Coalition of Chicago), which Matt has been very involved in, Chicago Public Schools is offering cash payments to settle claims with students who were denied special education services due to illegal district policies during the 2016-17 and 2017-18 school years. Determine if your student is being offered a payment, and if so, file your claim today. Read more.
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The pandemic has pushed American schools to the breaking point |
IIllinois school districts were struggling to recruit teachers before the pandemic but now nearly 90 percent of them say the shortage has reached crisis levels, according to an annual survey of regional school superintendents. And, even worse, they don’t expect the crisis to lessen anytime soon.
Teaching was hard before COVID hit, but conditions during the pandemic have caused additional stress and anxiety, prompting many veteran educators to retire early. “I almost weep when I talk to some of the most phenomenal teachers we have, who still love the job, but who tell me they can’t afford to take the risk anymore,” says one district leader. “It’s understandable, but it’s making this situation 10 times worse.” Read more from the Chicago Tribune.
American schools also were scrambling to find substitute teachers before the pandemic, but COVID has pushed schools to the breaking point. Overworked teachers, principals, lunchroom staff, parents and even bus drivers are being called up to cover classes, while districts are raising pay and lowering education requirements for subs to no avail. Read more from The Atlantic.
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Resources to help navigate the new Supported Decision Making Act
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The Illinois Guardianship and Advocacy Commission has prepared a wealth of information to help navigate the new Illinois Supported Decision Making Act which takes effect this month. The commission is providing training for supporters as well as individuals with disabilities, along with a sample agreement and other resources. Learn more from the Guardianship and Advocacy Commission.
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UN data details global pandemic learning loss |
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United Nations data paint a scary picture of pandemic-induced learning loss, with the agency labeling the problem “nearly insurmountable.” Up to 70 percent of 10-year-olds in low- and middle-income countries cannot read or understand a simple text, the data show. That’s up from 53 percent pre-COVID.
“While the disruptions to learning must end, just reopening schools is not enough,” says UNICEF’s head of education. “Students need intensive support to recover lost education. Schools must also go beyond places of learning to rebuild children’s mental and physical health, social development and nutrition.” Read more from the Guardian.
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Omicron may subside, but at-risk individuals will still face stark reality |
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The growing sentiment that “everyone will get COVID” so why continue to take precautions ignores the reality faced by the roughly seven million immunocompromised individuals in our country. Even after the current omicron surge abates, COVID will still be a fact of life that they must contend with.
"There is a casual acceptance that the pandemic will turn into something endemic, an inevitability that 'everyone' will get COVID eventually," says one immunocompromised disability advocate. "Leaders, medical professionals and public health experts have said something along those lines with zero acknowledgement that people will still die and those deaths will be disproportionately from high-risk groups.” NPR has her story and others.
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Students with disabilities subjected to informal, illegal removal from schools across the country |
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A new report by the National Disability Rights Network calls attention to hundreds of students with disabilities across the country who are being removed from school in “off-the-books suspensions.” These informal removals can include assigning students to homebound placement with little remote learning and even transferring students to programs that do not exist or have no openings.
The study found that these types of removals are so common in some districts that school staff do not even understand it is illegal. Read more from Disability Scoop.
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DCFS director facing contempt charges for failing children with mental illness |
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In an unprecedented move, a Cook County judge has held Department of Children and Family Services (DCFS) Director Marc Smith in contempt for stranding children in psychiatric hospitals or other treatment facilities longer than medically necessary. Last year, the Cook County Public Guardian revealed that children were stuck in psychiatric hospitals because DSFC couldn’t find a home to place them in.
“In the more than 30 years that I’ve been practicing in Juvenile Court, I cannot recall a single time when a judge has held the DCFS director — or any high-level DCFS official — in contempt of court,” says Public Guardian Charles Golbert. Read more in the Sun-Times.
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Families sue New York City schools over remote learning failures |
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Five families are suing the New York city school district for failing to provide access to remote learning opportunities to the city’s students, especially low-income children of color, during the pandemic. The families allege that city and state officials were aware of New York’s vast digital divide and failed to provide a “sound, basic education” for families who suffered from it.
“It’s our hope that the city will act quickly to fix this and not choose to litigate for years before addressing these problems,” says one of the families’ lawyers. “The point is that these students have missed so much, and they are falling behind.” Read more from Chalkbeat.
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One mother’s story: the heartbreaking challenge to get support for her Black son |
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Many parents experience stress and anxiety navigating the public education system for their child with disabilities. But, parents of Black children face a special set of challenges trying to advocate for their kids.
“How dare we demand our son receive what is secured by law,” the author of this new essay writes. “This is how Black students, in particular, are railroaded by the American education system every single day.” Read the full, powerful essay in Time Magazine.
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The unexpected benefits of hope...some thoughts from Matt Cohen |
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I read this article on the importance of “grounded hope” on the way that medical professionals relate to people with life threatening or even terminal illness. This also strikes me as a powerful concept that is applicable to people with disabilities and their families because the painful reality is that, for them, hope is often hard to come by. Read more.
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- Successfully teamed with therapeutic day school staff to develop math and executive functioning instruction plan.
- Collaborated with district and therapeutic day school staff to develop an effective plan to transition student back to the public high school.
- Successfully advocated for full time dedicated 1-1 para-pro for high school student with autism.
- Secured private therapeutic day school placement at school district expense for 3rd grade student with Specific Learning Disabilities, ADHD, and Generalized Anxiety Disorder. School district further agreed to defer to therapeutic day school’s recommendation for placement moving forward, which could provide the student with up to six years of private placement at district expense.
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Matt Cohen again has been selected by his peers as a 2022 Illinois Super Lawyer, a distinction he has held since 2007.
Matt also has once again been selected by his peers as an Illinois Leading Lawyer for 2021. The distinction of being a Leading Lawyer has been earned by fewer than 5 percent of all lawyers licensed to practice law in Illinois.
Matt once again a contributing author for the K and W Guide to Colleges for Students with Learning Disabilities, published by Penguin Random House. His article, "10 Things College Students with Disabilities Need to Know About their Rights," will appear in the 15th edition of the guide.
Matt Cohen & Associates has been selected the Best Local Business for the 2021 Best of Chicago Awards. The award recognizes the firm's commitment to community service.
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School is in session - Time for an
IEP Checkup! Is your child's IEP giving them all they need? Does it have the right goals, objectives and evaluation procedures? Do the services and accommodations provide all they are entitled to? Click here for further details.
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BROCHURES AVAILABLE
We offer several different brochures related to the following topics, available by calling the office:
- Introduction to College Accommodations
- IEPs and 504 Plans - Navigating the Maze
- Tips for Obtaining Accommodations for the ACT, SAT and other Placement Exams
- Obtaining an Independent Educational Evaluation
- Tips for Obtaining Appropriate Services for Your Child With Autism
- Classroom Observation
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ABOUT US
Matt Cohen is the founder of the Chicago law firm Matt Cohen & Associates LLC.
The practice is concentrated in representation of children and families in special education and discipline disputes with public schools, disability rights advocacy, including advocacy for accommodations in admissions and licensing tests and in colleges and graduate schools and legal assistance to mental health and human services professionals and the organizations they work for.
For more information about Matt Cohen and the staff and to view this email in your browser, please visit our website.
If you have any questions, please contact his assistant, Tami Kuipers at 866-787-9270 or tami.kuipers@gmail.com.
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Matt Cohen CHADD Membership Support Fund |
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A Guide to Special Education Advocacy -
What Parents, Clinicians and Advocates
Need to Know
written by Matt Cohen
published in 2009
$20 plus $4.95
shipping
to order, call Tami
at 866-787-9270 or
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Disclaimer:
The material in this enews has been prepared by Matt Cohen & staff for informational purposes only and should not be considered legal advice. We assume no responsibility for the accuracy or timeliness of any information provided herein. Internet subscribers and online readers should not act upon this information without seeking professional counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
We would be pleased to communicate with you via email. However, if you communicate with us through the Web site regarding a matter for which we do not already represent you, your communication may not be treated as privileged and confidential. Do not send us confidential, proprietary or other sensitive information until you speak with one of our attorneys and receive authorization to send that information. Matt Cohen is providing this enews, the information, listings, and links contained herein only as a convenience to you.
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