October 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
|
|
Matt Cohen: Why voting Democratic is important to the rights of children and adults with disabilities |
|
The state of the country calls for action that is beyond business as usual. While I generally try to keep my personal political views separate from my law firm activities, I can’t be an effective advocate for the kids and families we fight for without also calling attention to the existential fight our country faces. It threatens us all, including many threats to the rights and services important to people with disabilities and their families. For families of children and adults with disabilities, like other groups being attacked and marginalized by the right-wing Republican power structure, and by Trump and his supporters, there is special reason for our concern. Read Matt Cohen’s full essay.
|
|
MCA wins important ruling challenging change of placement
|
|
In a current inclusion case with a due process hearing pending, we were successful in convincing the hearing officer to order the district to maintain the student’s stay-put placement in the general education setting. While the Individualized Education Plan (IEP) that proposed a change of our client’s placement to a restrictive categorical classroom was originally drafted in May 2022, that placement was not scheduled to begin until the start of the following school year.
The hearing officer found that although the complaint was not filed within 10 days of the IEP being drafted, stay-put was still the general education setting because that was the last IEP placement that was agreed upon and that had been implemented.
This decision is significant for anyone who is considering challenging a school district’s change of placement. As long as a due process complaint (or request for mediation) is filed before the date of the IEP that includes the change of placement goes into effect, or “becomes operational,” the previous IEP placement where the student actually attended should be considered the student’s stay-put placement.
|
|
The risks of misdiagnosing learning disabilities
|
|
Matt Cohen was interviewed for this article discussing the risks of mis-diagnosing learning and other disabilities, repercussions that can be permanent.
“If you don’t know what you’re dealing with, how can you fix it?” Matt says. “There are so many different areas where ADHD may overlap with, or may mask, other problems that a more in-depth evaluation is good practice. I would even argue it’s legally mandated…and a proactive responsibility.” Read more from ADDitude.
|
|
Proud to support Illinois Rep. Lindsay LaPointe and state Sen. Laura Ellman |
|
Matt Cohen is proud to be on the host committee and invite you to this fundraiser for Illinois Rep. Lindsey LaPointe and Illinois Sen. Laura Ellman. Both of them have been active and effective in fighting for the needs of Illinois children, particularly those with special needs. Representative LaPointe, who is a social worker by training, has been very involved in legislation promoting improved mental health and children's welfare services in Illinois and in addressing the crisis in program services for kids with the most severe disabilities, requiring specialized programs. Both of them are also alums of my alma mater, Grinnell College.
Evening reception for
State Rep. Lindsay LaPointe and State Senator Laura Ellman,
Oct. 12, 5:30 - 7:30 p.m.
Osteria Via Stato
620 N. State St., Chicago, IL 60610
|
|
Key CPS staff members not always included in IEP meetings, to the detriment of students
|
|
Special Education Classroom Assistants (SECAs) play a critical role in providing services for students with disabilities. But in Chicago Public Schools (CPS), they often are left out of key decision making at students’ annual Individualized IEP meetings.
According to parents and advocates, SECA’s are allowed to attend meetings but are not required, so more often than not they are not invited. “I don’t think that CPS’ goal, when it comes to diverse learners, is to be helpful,” says one parent. “I think that they are looking to do the very least that they have to do.” Read more from the Better Government Association.
|
|
New study estimates huge losses of parents, caregivers for nation’s youth during the pandemic |
|
Updated statistics estimate that 8 million youth under age 18, including 250,000 in Illinois, lost a parent or primary caregiver during the pandemic, numbers much higher than previous estimates.
"It increases the risk of mental health problems, suicide, prolonged grief complications, sexual exploitation and abuse, even physical abuse of children," says one author of the study. Read more from National Public Radio.
|
|
Illinois lifts last COVID mitigation requirements in schools |
|
Illinois Gov. J.B. Pritzker has ended the COVID testing requirement for unvaccinated school workers, the last statewide COVID mitigation in place for school districts. Until last week, the state required all school and daycare workers who refused the COVID vaccine to be tested twice a week.
The state department of public health argues that mitigation is not necessary now because of the positive COVID treatments available. Read more from the Sun-Times.
|
|
Teacher, staff shortages reported by half of schools, survey finds |
|
A new Education Department report finds that half of principals said their schools were short staffed at the beginning of the school year and they were unable to fill teaching positions. A majority of principals also report being short on non-teaching staff.
|
|
Upcoming webinars and presentations
Matt Cohen and Associates is hosting the second part of a two-part IEP workshop led by MCA Attorney William Hrabe and MCA Advocate Elizabeth Hooper.
Matt Cohen and Anna Eisner Seder will discuss the ongoing impact of COVID educationally and socially and address the need for sufficient residential placement and the impact and what if anything to do about it.
Advocating for Children with Disabilities Amid the Ongoing Impact of COVID-19, Oct. 12, 5 p.m. Register in advance.
Matt Cohen will be presenting at the Illinois Statewide Transition Conference on Nov. 3. The title of his presentation is “The Challenge of Finding Hope for Our Kids and Ourselves!”
Using his research and experience as an advocate and parent, Matt will address the challenges people face in dealing with disabilities and the importance of identifying, confronting and accepting painful realities. More details about the conference can be found here.
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."
|
|
- Collaborated with district and therapeutic school staff to support a young woman’s successful transition from a residential placement to public high school and now to graduating and starting community college.
- Following an IEP review of a comprehensive neuropsychology evaluation, facilitated an IEP team clarifying the training for the aide, creating safety plans, and identifying additional areas to evaluate, such as Assistive Technology.
- Obtained an initial, robust IEP for a student in high school with executive functioning and social-emotional needs.
- Secured district placement for the current school year as well as reimbursement of parents' out of pocket costs for previous tuition at a private placement.
- The firm successfully supported a CPS student in a Citywide Assessment Team evaluation. We advocated for a change in the student's primary eligibility to Autism. We were successful in that revision and also persuaded the team to change the student's educational placement to a therapeutic day school.
- Secured district commitment to provide homebound services for teenage student with severe mental health issues including school refusal.
|
|
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.
|
|
|
|
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.
|
|
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
|
|
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.
|
|
Matt Cohen CHADD Membership Support Fund |
|
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
|
|
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.
|
|
|
|
|
|
|
