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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Upcoming Matt Cohen and Associates webinars |
MCA is pleased to continue offering a series of free webinars and presentations. scheduled every month. We are regularly adding a variety of new topics, webinar dates and guest speakers. Matt Cohen also will be available for "Ask the Lawyer" discussions on special education topics twice monthly. Check our website and Facebook page for updated offerings. Our next webinars are:
Literacy and Language-Based Learning Disabilities: From Science to Advocacy
Elizabeth Hooper, Verity Sandell and Molly Aceves
June 15, 4 p.m.
In this joint presentation with Molly Aceves, pediatric speech-language pathologist, you will learn about language-based learning disabilities and how they impact reading and literacy. Presentation is for parents, advocates, attorneys, and others who support children and their families. Register in advance.
Mental Health and COVID: Taking Care of Your Children and Yourself
Matt Cohen and Verity Sandell, joined by Joe Edward and Layton Kirk, of Individual and Family Connection Counseling
June 29, 7 p.m.
Join us as we discuss how COVID has been hard on everyone but especially challenging for kids with disabilities and their families as it has disrupted routines and changed the way therapies are delivered or made them completely unavailable Register in advance.
Ask the Lawyer Sessions
After registering in advance, you will receive a confirmation email with information on how to join the webinar.
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Ruling in due process hearing could set precedent for other cases |
Matt Cohen and Associates recently received a very favorable due process hearing decision on behalf of one of our clients. In the case, the family was seeking placement at a specialized private school serving students with learning disabilities for their child who had experienced a traumatic brain injury and also had specific learning disabilities. The hearing officer ordered the school district to pay for four years of placement at the requested private school, and also ordered reimbursement for a private psychological evaluation secured by the family. In addition, the hearing officer made several important findings:
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Affirmed the Statute of Limitations decisions in the 3rd, 9th, and 11th circuits that parents must file a due process within two years of when they reasonably know their child’s rights were violated. In the past, hearing officers had interpreted the filing deadline to be within two years of when an event happened, even if parents didn’t know at the time that a school district’s actions were unlawful. This clarification that the filing deadline is a knowledge rule means that parents can file a complaint if they later learn that a school district's actions were unlawful, as long as they file within two years of finding this out. The hearing officer affirms an 11th Circuit finding, that “parents are not expected to be experts in learning disabilities.”
- School districts have a Child Find obligation under the IDEA to offer to evaluate children they suspect of having a disability, whether or not a parent requests an evaluation.
- A school district’s obligation to consider independent evaluations means more than a superficial review. A school district must articulate a meaningful response to the findings of an independent evaluation.
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Illinois legislature sends law limiting seclusion and restraint to governor |
At the end of the spring legislative session, Illinois lawmakers sent a bill to limit seclusion and restraint to Gov. J.B. Pritzker, who has described the isolation of children as “appalling.” Read more from the Chicago Tribune, which along with ProPublica last year exposed the excessive and inappropriate use of the practice in Illinois schools. Earlier this week, the publication reported new data that shows Illinois schools used the practice 15,000 times on 2,400 students this year, even though many schools were closed.
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Several other bills impacting special ed services made their way through the Illinois General Assembly’s spring session. Thanks to all the organizations and individuals who took the time to advocate on behalf of Illinois’ individuals and children with disabilities.
HB 2425 extends the time to file a state complaint regarding issues from the Illinois State Board of Education public inquiry in 2018. PASSED BOTH HOUSES, awaiting governor’s signature.
SB 1821 would provide an extra year of transition for students with disabilities that are aging out of special education to compensate for the loss of services during the pandemic. PASSED A SENATE COMMITTEE but did not advance.
HB 40 allows special education students to stay in school till the end of the school year if they turn 22 instead of being forced out of school on their 22nd birthday.
HB 3849 creates a model of assistance for people with disabilities to consult with a designated support person as an alternative to formal guardianship. PASSED BOTH HOUSES, awaiting governor’s signature.
SB 654 requires schools to provide daily time for supervised, unstructured, child-directed play for all students in kindergarten through fifth grade. PASSED BOTH HOUSES, awaiting governor’s signature.
HB 2597 would require any private school that accepts scholarship money from the Invest in Kids scholarship fund to follow all the same laws that apply to public schools. DID NOT ADVANCE
SB 921 creates an advisory committee to address the challenges people with disabilities in Illinois have faced and continue to face during disasters and emergencies. PASSED BOTH HOUSES, awaiting governor’s signature
HB 16 would expand Medicaid eligibility to cover Applied Behavior Analysis therapy for Autistic children. DID NOT ADVANCE
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Was this really a lost year for students? |
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School districts across the country are strategizing ways to help students make up for what many deem a “lost year” of education. But rather than focusing on what students lost during the pandemic—whether that’s academic skills or social interaction with friends and peers—some educators think teachers need to focus on the positive, too.
“It’s not what we lost during the pandemic, but it’s, what did we learn from the pandemic?” says one education professor. Read more from Education Week. Matt’s view: Don’t let schools down play the magnitude of the impact of lost instruction for all children. For most kids, the pandemic and resulting remote learning ranged from being of little academic value and a slowed level of progress to of NO VALUE WHATSOEVER AND EVEN A SOURCE OF CONSIDERABLE REGRESSION!
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New Rand Corp. study shows disadvantages of remote learning |
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With many school districts acknowledging that remote learning will be here in some fashion next year, a new survey by the Rand Corp. points to the disadvantages of the learn-from-home model. For example, nearly half of all schools doing full remote learning reported a shorter school day, compared to 17 percent of full in-person schools and 25 percent of schools with a combination of remote and in-person instruction, known as the hybrid model. Read more from Education Week.
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Future of remote learning under review by states |
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As COVID infections drop and many parts of the country begin to reopen, states are debating whether to offer any remote learning in the fall. Illinois is one of several states that has already mandated in-person instruction, except for medically fragile students.
But it remains unclear if families, especially in Black and Brown communities hardest hit by COVID, will feel comfortable sending their children back to school buildings. Read more from the New York Times.
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Should schools hold students back during a pandemic? |
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An April survey found that 42 percent of educators and administrators polled expected more of their students would need to repeat a grade due the pandemic. Nearly seven in 10 said more students would have to repeat a course.
Findings like these are causing concern among some educators, who note the damage to self esteem and bullying often associated with holding students back. “There is not going to be one approach that works. It will depend on the content and grade span,” says one education consultant. “The unfortunate challenge is that this is messy. It’s messy and complicated.” Read more from Education Week.
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Addressing mental health problems for the COVID generation |
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Before the pandemic, the nation’s schools didn’t do a great job of addressing students’ mental health needs. Post-pandemic, those needs will be even greater. The federal COVID relief funds will help, but how that money is used will be critical.
Since the pandemic, one principal says her student support team meets every week with kids on a high-needs watch list. “And, it’s kind of changed the nature of my work,” she says. “We used to spend a lot more time being able to talk about teaching and learning and now it’s really trying to problem solve and help people get access to resources.” Read more from Education Week.
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New CDC mask guidelines could endanger individuals with disabilities |
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Note that, so far this year, ISBE has continued to maintain the requirement that students and staff wear masks at school unless they meet one of the exemptions. See ISBE FAQ updated June 7, 2021.
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DOE offers guidance on civil rights during COVID
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The U.S. The Department of Education’s Office of Civil Rights has released guidance about civil rights and the reopening of schools during COVID. The guidance answers common questions about schools’ responsibilities under the civil rights laws the department enforces and how to file discrimination complaints. Read the DOE guidance.
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Equip for Equality investigation prompts action to protect minors at Aurora facility |
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The State of Illinois is pulling all students out of Northern Illinois Academy, a therapeutic day school and treatment facility in Aurora, after an Equip for Equality investigation found abuse and neglect of students at the facility.
“The problems documented by Equip for Equality are deeply troubling,” State Superintendent of Education Dr. Carmen I. Ayala said in announcing the move. “All children deserve to be educated by qualified, trained, and compassionate adults with the individualized supports they require.” Read the ISBE announcement and the report from Equip for Equality.
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Parent testimonial
We received this testimonial from a recent client:
“Dear Matt,
We spoke last summer about my son. At the time, I was desperate to figure out a way for him to get his IEP services through the district and was concerned about the possibility of more futile remote learning.
He will be finishing his school year next week and is thriving. He has been in-person five days a week since August. He talks non-stop and his concentration levels have improved. My husband and I are thrilled.
Thank you for everything you did to advise me last summer. Your guidance was helpful when working with the district. Even though I am able to advise other people, it becomes more challenging when it involves your own children. Please know you made a huge difference to me, my son and our whole family.
Enjoy your summer, and I hope our paths cross again.
Take care, CB
P.S. I am attaching T's school picture. He was so happy to be in school this year.”
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- Successfully advocated for a robust Assistive Technology Evaluation.
- Successfully advocated for the inclusion of a Specific Learning Disability label for a student whose LD needs were not being addressed.
- As a result of our advocacy, a school district provided a student with autism and significant communication needs an appropriate separate day placement and compensatory educational services.
- Secured appropriate extended school year services on behalf of a client.
- Successfully advocated for multisensory reading instruction for a student with a learning disability in reading.
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Upcoming Conferences and Presentations
Matt Cohen (With Andy Faust and Jessica Varn)
Lehigh University Special Education Law Conference
You Be the Judge--Mock Special Education Due Process Hearing
June 21, 9 a.m. - 12 p.m. Eastern Time
Matt Cohen
Remote vs. In-person Instruction: Practical and Legal Issues Arising for Students in Special Education and How to Assure They Receive FAPE
2021 Virtual International Conference on ADHD
Nov. 5, 5 p.m.
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Matt Cohen is 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.
Matt Cohen again has been selected by his peers as a 2021 Illinois Super Lawyer, a distinction he has held since 2007. Matt also has been selected 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.
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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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