January 2023 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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As we start this new year, we wish all our clients, colleagues, friends and families a happy and healthy new year. We pledge to continue our efforts, on our own and with our many allies in the disability and civil rights communities, to promote high quality education, equity and justice for all. — Matt
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Downstate school uses police to discipline students with disabilities
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A Jacksonville school that is supposed to be providing therapeutic supports for students with disabilities instead routinely calls the police on them, resulting in the highest arrest rate of any school district in the country. Staff at the school call police on students on average every other day.
Staff members at the Garrison School regularly press charges against students, some as young as nine, and police have made 100 arrests at the school in just the last five years. “That was my worst mistake, putting either of my kids in Garrison,” one mother says. “If I could take it back, I would.” Read more from the Chicago Tribune and ProPublica.
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Department of Education rules school districts are responsible for seclusion and restraint practices at private school placements
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The U.S. Department of Education’s Office of Civil Rights (OCR) has ruled that public school districts are responsible for ensuring the free and public education of students with disabilities that are sent to private schools.
The Council of Parent Attorneys and Advocates (COPAA) brought the complaint against the Davis Joint Unified School District after a student died while in restraints at the district's private school placement. After an investigation, OCR determined that the public school district should have better monitored the private school’s seclusion and restraint practices. Read the OCR letter and the resolution adopted the Davis school district.
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Despite 40 years of IDEA, most students with cognitive, intellectual disabilities still in segregated classrooms |
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The Individuals with Disabilities Education Act (IDEA) recommends the least restrictive learning environment for students with disabilities. But Ohio State’s Crane Center for Early Childhood Research and Policy found that, for the last 40 years, most children with cognitive or intellectual disabilities spent little time in general education classrooms.
“At the heart of civil rights and equity is the notion that separate does not mean equal,” says one advocate. “An inclusive school honors diversity within the classroom and tries to build a sense of community so that all students can learn and grow.” Read more from Truthout.
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CPS facing $600 million budget shortfall without new, long-term funding
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A financial report ordered by the state of Illinois finds that Chicago Public Schools could face serious financial jeopardy as the City of Chicago shifts up to $600 million in costs from the city budget to CPS.
State lawmakers ordered the report to prepare for the transition to a fully elected school board in 2027. If the school district can’t get additional, sustainable funding, the report concludes, programs and services ultimately will be impacted. Read more from WBEZ.
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We are happy to reshare this essay, Welcome to Holland, which likens the experience of raising a child with disabilities to a surprise trip to Holland instead of Italy.
If you spend your life mourning the loss of your Italy trip, the author writes, you may never get to enjoy the very special, lovely things about Holland. Read the essay.
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Federal agency says weaknesses in home and community-based services led to needless deaths during pandemic |
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An independent federal agency is recommending that Congress boost funding for home and community-based programs that serve people with intellectual and cognitive disabilities and make those services mandatory under Medicaid. A report by the National Council on Disability concludes that weaknesses in the system led to “needless” deaths during the pandemic.
“For many people with disabilities during the pandemic, congregate settings had a devastating impact,” the agency’s chairman says. “In many instances, social distancing wasn’t achievable and the inability to transition out of such a setting became a death trap.” Read more from Disability Scoop and read the full NCD report.
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Upcoming webinars and presentations
Building Effective Home-School Communication Strategies
Jill Calian and Elizabeth Hooper
Jan. 11, noon
Assistive Technology and Augmentative Communication
Jill Senner and Elizabeth Hooper
Jan. 17, 7 p.m.
Inclusion
Brad Dembs and Elizabeth Hooper
Feb. 1, noon
Advocate vs. Attorney
Matt Cohen and Christine Palmieri
Feb. 8, 4 p.m.
After registering, you will receive a confirmation email containing information about joining the webinars.
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- Through mediation process, negotiated a robust plan for at-home instruction and related services for a pre-school student unable to attend school due to immunocompromised status.
- After being denied, successfully convinced an elementary school team to evaluate for special education.
- Secured district payment for non-ISBE approved private therapeutic day school for elementary school student with Reactive Attachment Disorder.
- Obtained district reimbursement for parents’ costs in placing student at therapeutic day school as well as district commitment to fund the placement moving forward.
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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 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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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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