February 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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Disability discrimination complaints on the rise at U.S. DOE Office for Civil Rights
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The U.S. Department of Education’s Office for Civil Rights received a record 18,804 complaints last year and disability discrimination complaints are the highest they’ve been since 2017. The agency says the surging level is proof the department is doing its job. The Council of Parent Attorneys and Advocates agrees.
“Quite frankly I think families see OCR as the only arm of the Department of Education taking action towards compliance,” COPAA’s CEO says. “Families are tired of carrying the burden of meaningful compliance alone.”
Matt Cohen notes that there may also be an upsurge in complaints that were on the back burner due to skepticism that complaints would be taken seriously during the Trump administration. Read more from Disability Scoop.
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New study documents world-wide COVID learning loss
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A new national report concludes that students across the world lost about a third of their learning during the pandemic, when schools switched to remote learning. And, not surprisingly, the impacts were more severe on students who were already struggling and students living in poverty.
“One important difference is that remote schooling had a disproportionately negative effect on high-poverty students in the U.S.,” says one researcher. “If we do not act decisively now, learning loss will be the longest-lasting and most inequitable consequence of the pandemic.” Read more at CNN.com.
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Educators, parents rethinking discipline policies in wake of teacher shooting, increased classroom disruptions |
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The Virginia shooting of a teacher by a six year old is prompting parents, teachers and elected officials to question a recent trend toward more humane — what some call too lenient — restorative justice discipline policies. Twenty-one states and the District of Columbia now use alternatives to harsh discipline like suspensions and expulsions.
“There’s a lot of pressure on schools right now,” says one educator. “Schools also say they don’t have the resources to address more behavioral problems, and I worry that that will translate to schools falling back on old practices that are not effective in terms of supporting students in the way they need.”
Matt Cohen notes that more punitive approaches are not likely to curtail the growing school violence. Matt believes more emphasis should be placed on prevention and treatment rather than just plans to make schools more fortress like. Read more in the Chicago Tribune.
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School discipline policies shifting, but new study finds “zero tolerance” still widespread
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In the 1990s, the use of zero tolerance school discipline policies, like suspensions and expulsions, grew, especially in schools serving Black and Brown youth. While a push for less punitive measures is underway, a new Brookings Institute/Rand Corp. study finds that use of zero tolerance policies is still widespread, but only for the most serious transgressions.
“Still, though, large shares of schools continue to allow educators to suspend students for low-level, nonviolent behaviors,” the study finds.
Matt Cohen predicts that the move towards less punitive measures will be less likely in the near term, as schools react to increased violence with increasing focus on security and less focus on prevention and early intervention. Read more from the Brookings Institute.
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SCOTUS considers case of deaf Michigan student denied services |
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The U.S. Supreme Court is considering whether the family of a deaf Michigan man, who spent 12 years in school with an aide that did not know sign language, is eligible to sue for financial damages. A lower court ruled that the family could not seek damages for emotional distress or lost wages because it already had settled a case with the school district to obtain services for their son.
“The parents were really over a barrel here,” says a law professor supporting the parents' case. “They needed to get services right away for this kid.” Read more from The 74.
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Teacher hits a nerve explaining she’s happier working at Costco than in her classroom |
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More than 300,000 teachers have left the profession in recent years, including one who taped a video speaking about how happy she was to be working at Costco instead of in a classroom. Her message went viral, generating a lot of discussion about the challenges U.S. educators face.
"I left because I realized that conditions in education are getting worse, with no signs that they will get better any time soon,” she said. Read more from Buzz Feed.
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MCA Attorney Jill Calian says the single piece of advice that she shares with clients most often is to “write it down.” Regardless of the situation — whether the client’s child is being bullied or harassed by classmates, or the teacher is not implementing the 504 Plan Accommodations, or their school is failing to support their child’s use of a speech device — it is in the client’s long-term interest to keep a running record of these incidents. Read more of Jill's advice.
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Upcoming webinars and presentations
IDEA or Section 504? Determining Eligibility Under Both Laws
Matt Cohen, sponsored by the National Business Institute
Feb. 27, 9 - 10 a.m.
COPAA 25th Annual Conference
COPAA 25th Annual Conference
March 2 and 3, 9 a.m. - 5 p.m.
Matt Cohen is presenting at a Policy Boot Camp for State and Local Community Organizers
March 5, 10 - 11:15 a.m.
Matt Cohen is presenting The Role, Power and Need for Grounded Hope for Families of Children with Disabilities
Private Placement
Will Hrabe
March 8, noon - 1 p.m.
Behavior Intervention Plans and Functional Behavior Analysis
Christine Palmieri and Will Hrabe
March 21, 5 - 6 p.m.
After registering, you will receive a confirmation email containing information about joining the webinars.
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- Obtained district reimbursement for past tuition and prospective placement in therapeutic day school with extended school year services and transportation.
- Represented in due process proceedings to block district's effort to move student to more restrictive placement outside of public school, ultimately negotiating a change in placement to an out-of-district public therapeutic day school and compensatory education funds to make up for student's missed services.
- Represented at an initial eligibility/IEP meeting where the school-team agreed to find the student eligible for an initial IEP and immediately move them to a separate therapeutic day school program.
- Negotiated with district to maintain student's placement while updated evaluations were completed after the IEP team attempted to move student to a more restrictive placement and obtain compensatory education funds to pay for private evaluations and private therapy.
- Advocated for IEP eligibility and move to a separate therapeutic day school program where the student will receive post high school transition services.
- 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 2023 Illinois Super Lawyer, a distinction he has held since 2007.
Matt also has once again been selected an Illinois Leading Lawyer for 2023, 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 2023.
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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