November 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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Recent developments concerning the rights of students with disabilities in post-secondary education |
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Matt Cohen and William Hrabe have prepared a memo to help update families and advocates on recent court decisions that impact the legal rights of students with disabilities who are pursuing post-secondary education. Applying for college or post-high school programs is always a challenging endeavor, but the process is even more difficult for students with disabilities and their families. Read the memo.
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Fetterman debate performance shines light on elected officials with disabilities |
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Disability advocates say the attention, both positive and negative, focused on U.S Senate candidate John Fetterman in a recent debate represents a turning point for elected officials with cognitive or physical disabilities. Fetterman’s performance, in which he appeared to suffer some cognitive impairments from a stroke, generated applause and criticism.
“The silver lining of what’s happening with Fetterman is I think it’s hopefully opening up the floor to discussion about things that people with disabilities have been dealing with for a very long time,” says one candidate. Read more from the Washington Post.
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Illinois school districts slow to use record infusion of pandemic relief funds
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Illinois school districts received more than $7 billion in federal funding to help address educational needs post-pandemic, but an investigation shows they have been slow to spend the money. A group of south suburban districts, which serve predominantly low-income Black and Brown students, have been the slowest, using on average only 14 percent of the federal money. Read more from the Better Government and Chalkbeat.
The Illinois findings mirror an analysis of national spending conducted by the Washington Post, which found that school districts nationally had spent just 15 percent of record $122 billion infusion of pandemic relief funds. “The excuse in education has always been, ‘We don’t have enough money,’” says one parent advocate. “Now we have a historic amount of spending, like never before, and you’re not even spending the money.” Read more from the Washington Post.
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U.S. Supreme Court case poses threat to civil rights for millions with disabilities
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A case heading to the U.S. Supreme Court could threaten the civil rights of Medicaid recipients and those with disabilities. The question before the court is whether recipients of government assistance have any legal recourse when their rights have been violated. The case was filed by the family of a deceased Indiana man who alleges he was kept chemically restrained so his nursing home wouldn’t have to treat his dementia.
“This case is a large-scale assault on disability rights around the country,” says one advocate. “Medicaid is the primary source of health care for people with intellectual or developmental disabilities…Protecting their right to private action when such rights are violated would ensure they aren’t unnecessarily institutionalized and prevent the unraveling of anti-discrimination progress set forth by the ADA for over 30 years.” Read more from Disability Scoop.
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Staffing issues, unrealistic benchmarks stalling pandemic recovery services for students with disabilities
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Education during the pandemic was almost non-existent for students with disabilities, but staffing shortages and district policies are making a bad situation worse. For example, Chicago Public Schools (CPS) and other districts are offering “recovery services,” but families needed to show not just a lack of learning but regression in skills in order to qualify. Thankfully, in response to outcry from the advocacy community,
CPS has removed the regression requirement but is still placing the burden on families to demonstrate that their child suffered because of the lack of education during the pandemic.
“Are we just going to accept the fact that a lot of students lost one to two years of school and sort of just move on?” Matt Cohen and Associates Attorney William Hrabe said. “Or are we going to make a concerted effort to address those shortcomings?” Read more from Chalkbeat.
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Senators call for tighter restrictions on off-the-books suspensions of students with disabilities |
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Legally, students with disabilities are not supposed to be punished for behavior related to their disability, but students are often sent home without the formal disciplinary procedures and safeguards being provided. Since the pandemic, families say, these “informal removals” are more common. That has prompted U.S. Senators Tami Duckworth and Richard Durbin, both of Illinois, to call for tighter federal protections.
“Informal removals not only restrict children’s personal growth and decrease their likelihood of graduating, but they also are discriminatory,” the senators wrote in a letter to the U.S. Department of Education. Read more from the Los Angeles Times
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Nation’s report card shows falling math scores across the nation, but one bright spot in Chicago |
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A flurry of news reports last month covered the national drop in student math scores, as measured by the National Assessment of Educational Progress (NAEP). According to the test, fifth and eighth grade math scores saw the largest ever drop and no state posted clear gains on the test. The New York Times has the national report and Chalkbeat looked at Chicago specific results.
The one bright spot on the NAEP received less attention: English language learners posted surprising gains on the test and Chicago students did especially well. But, while scores for this group of students improved, they are still well below proficiency standards. Read more from The 74.
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Upcoming webinars and presentations
Rescheduled: Part 2: Advanced Advocacy Strategies ($50)
Wed., Nov. 16, noon - 2 p.m.
For parents who have experience with IEPs or are new to IEPs but have completed Part 1, join us for an in-depth discussion on knowing your rights and feeling empowered to use them:
- Learn our favorite strategies for influencing the IEP process.
- Prioritize your needs to avoid wasting time.
- Understand when an advocate or attorney can help.
Matt Cohen will present at the Dec. 7 Illinois Institute for Continuing Education 6th Annual Special Needs Institute. He will speak on "What an Estate Planning Attorney Should Know About Special Education Law."
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- Obtained district reimbursement for parents’ unilateral placement at private LD program for elementary school student with dyslexia.
- Made a proactive plan to provide explicit executive functioning instruction for a high school student that is struggling to manage OCD and ADHD to complete tasks.
- Facilitated a robust conversation to explore the complexity of a student’s profile who is attending a therapeutic day school in order to adjust and inform the type of intensive intervention provided.
- Effectively advocated for a student with significant ADHD and anxiety to obtain more than 50% extended time to accurately demonstrate his knowledge on district tests.
- Secured District funding for placement of student in private special education program and reimbursement for the parent for tuition already paid for their unilateral placement in the program.
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Matt Cohen has been ranked as one of America’s Most Honored Lawyers, in the top 1 percent, by the American Registry.
Matt Cohen again has been selected a 2022 Illinois Super Lawyer, a distinction he has held since 2007.
Matt also has once again been selected an Illinois Leading Lawyer for 2022, a distinction earned by fewer than 5 percent of all lawyers licensed to practice law in Illinois.
Matt also has been named an Avvo top lawyer for 2022.
Matt once again is 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," appears in the 15th edition of the guide.
Matt Cohen & Associates was 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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Summer is here...a great time for an IEP check up to prepare for next year!" 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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