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March 2021 E-Newsletter



This E-newsletter is devoted to sharing information about special education, disability rights, mental health and human services law, policy and research that is of importance to people with disabilities, their families, and the professionals that work with them.

Information includes political issues, important research, legal developments, and information based on our experiences that we hope will help you personally in your individual and professional efforts. It also provides updates and news about our firm and its activities. We hope you find it helpful and welcome your comments and suggestions.  
                                                                   -Matt Cohen

Upcoming Matt Cohen and Associates webinars

MCA is pleased to continue offering a series of free webinars and presentations scheduled every month through June. We are including a variety of new topics 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 and see future webinars later in this email. Our next webinar is:

Compensatory Education: How to Position Yourself and Your Child to Recover Services Lost Due to the Pandemic and Remote Learning
Matt Cohen and Brad Dembs
March 23, 4 p.m. Register in advance.

Ask the Lawyer with Matt Cohen
Opportunity to get answers to your general questions about special education law and advocacy. 

March 10, 4 p.m. Register in advance.
March 24, 4 p.m. Register in advance.

After registering in advance, you will receive a confirmation email with information on how to join the webinar.

Addressing challenges posed by pandemic for Individuals with Developmental Disabilities


Pandemic restrictions eased on facilities serving people with individual developmental disabilities

Institutions serving individuals with developmental disabilities have been on lock down for a year because of the pandemic. But the Centers for Medicare and Medicaid Services has issued new guidance that will lift some of those restrictions.

The new rules advise that facilities not restrict visitation "without a reasonable clinical or safety cause." Masks, social distancing and outdoor visits, where feasible, are all part of the new protocols. Read more from Disability Scoop.

Access to COVID vaccine for individuals with developmental disabilities varies by state

While access to COVID vaccines for individuals with developmental disabilities is improving, only 31 states specifically mention the disability in their vaccine implementation plans -- even though people with developmental disabilities face a three times greater risk of dying from COVID.

With availability uneven across and within states, John Hopkins University has created a new dashboard to track state implementation of vaccines for people with developmental disabilities. The tool is being updated weekly. Read more from Disability Scoop.

Illinois lawmaker proposes extension of high school transition year

Illinois Senator David Koehler has introduced legislation that would allow special ed students to remain eligible for services through the end of the school year during which they turn 22. Under current law, those services end the day before the student's 22nd birthday.
 
The bill has not been assigned to committee, but you can reach out to your state senator to voice support. Read the bill and find your senator's contact info.

Measure would limit use of time out and physical restraint

After failing to pass a bill restricting the use of restraint and seclusion in schools last year, the Illinois General Assembly is taking it up again. Sponsored by Rep. Jonathan Carroll, HB 219, would set limits on the circumstances in which isolated time outs and physical restraints may be used in Illinois schools.
 
Reach out to your state house representative to voice support for the bill. Read the bill and find your representative's contact info.

Improved remote learning the priority for most Chicago Public Schools parents 

"CPS failed our students before the pandemic, so there's no reason for us to believe you when you say that you care about our children," says one Chicago parent who is pushing the district to improve remote learning.
 
Instead, Chicago Public Schools is putting its energy and resources into a push to reopen high schools, an even bigger challenge than reopening elementary schools. Read more from the Chicago Tribune.
Lack of trust in Chicago Public Schools keeping parents away from in-person learning

Years of disinvestment, budget cuts and school closings have eroded parent trust in Chicago Public Schools (CPS), especially among Black and Latinx families. That's why many parents refuse to trust CPS to protect their children in school buildings during a pandemic.
 
Interestingly, CPS CEO Janice Jackson, who continues to point to statistics and research to show in-person learning will be safe, refused to be interviewed for this WBEZ story. Read more from WBEZ.

New poll shows complicated views on reopening schools for in-person learning 

A new poll by the Pew Research Center shows Americans' views about reopening in-person school are complicated. A larger share of people today -- compared with over the summer -- think academic concerns, such as "learning loss," should be given a lot of consideration in school reopening decisions.
 
But 60 percent of respondents still say schools should remain virtual until teachers receive the COVID vaccine. Read more from USA Today and read the survey results.

Nation's school districts preparing for pandemic-related lawsuits

School districts across the country are preparing for an onslaught of lawsuits stemming from difficulties providing legally-required services to students with disabilities during the pandemic. In fact, many educational service agencies fear special education litigation will consume their time and resources during the next school year.
 
In this article, Matt Cohen shares his views of the challenges families faced receiving services during the pandemic. "There are directives that implementing IEPs should be akin to business as usual," Cohen said. But, a lot of the directives have been vague and even contradictory, he explains.

White students returning to Chicago schools at greater rates than Black, Brown students

Chicago Public Schools is expecting just 30 percent of eligible students to return to schools once they fully reopen for in-person instruction. That's some 10,000 less than expected and the students returning are disproportionately white.
 
Chalkbeat reports that white students make up just under 13 percent of CPS elementary school students eligible to return, but account for 24 percent of students who have opted for in-person learning. The vast majority of Black and Latinx students, who represent the majority in CPS, are staying remote. Read more.

Is bias at play in lower Autism diagnosis rates in girls?

An early diagnosis of autism spectrum disorder can be a pathway to services that will improve a child's life. But girls are about four times less likely to receive that diagnosis than boys.
 
A recent research study identified several biases that could lead to  under diagnosing girls. For example, girls often are not diagnosed until certain traits or difficulties are exaggerated. And girls, more often than boys, can compensate for their disability. Read more from Spectrum News. 

Recent firm successes
  • Obtained extended testing time, multiple testing days, use of a calculator and a separate, distraction reduced testing space for a professional licensing exam for a client who had been denied multiple testing days and use of the calculator despite having multiple disabilities.
  • Successfully advocated for an appropriate plan to transition from a residential facility to a therapeutic day school.
  • Helped to facilitate a student's improved BIP.


 

Upcoming Webinars and Presentations

Ask the Lawyer
Please only register if you plan to attend.

April 14, 4 p.m. Register in advance.
April 28, 4 p.m. Register in advance.
May 12, 4 p.m. Register in advance
June 2, 4 p.m. Register in advance
June 16, 4 p.m. Register in advance.
June 30, 4 p.m. Register in advance

Transitioning from Early Intervention to Early Childhood Services
Verity Sandell and Elizabeth Hooper
April 6, 4 p.m.

The transition from Early Intervention services to early childhood services through the school district is significant. There is a shift from home-based services to school-based ones, and the two systems often feel very different. This webinar will walk you through what to expect in the transition and provide advocacy tips for families seeking to make the transition as smooth as possible. Included in the discussion will be the Early Intervention transition meeting, evaluation through the school district, and recommendations on information needed in the process, as well as tips about services that may be available in preschool.

All About School Grade Transitions 
Verity Sandell and Elizabeth Hooper
April 20, 4 p.m.

Do you have a child with an IEP or 504 transitioning from elementary to middle school or middle school to high school? We will discuss the difference in educational services for students in general education settings, and how that can impact services available in special education settings.  We will also share tips on how to plan for the transition and advocate for your child. Register in advance.

Mental Health and COVID
Matt Cohen and Verity Sandell
May 4, 4 p.m.

Taking care of your children and yourself. Join us as we discuss how this has been hard on everyone but especially challenging for kids with disabilities and their families. This has disrupted routines and changed the way therapies are delivered or made them completely unavailable. Register in advance.

Extended School Year (ESY) 
Matt Cohen
May 18, 4 p.m.

Learn the legal standard for eligibility for extended school year services and advocacy strategies to ensure your children are provided with the services they are entitled to under the law. Register in advance.

After registering, you will receive a confirmation email containing information about joining the webinar.

Upcoming Presentations

Matt Cohen 
ARC of Illinois 71st Annual Conference--Virtual
Special Ed and Transition During Remote
April 22, 2:30 - 3:30 p.m.

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

MCA updated logo
Office news and updates

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 2020 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 2021The distinction of being a Leading Lawyer has been earned by fewer than 5 percent of all lawyers licensed to practice law in Illinois.

Brochures Available 
 
We offer several different brochures related 
to the following topics: 
  • 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
To request multiple copies for your clients, 
please call us at 866-787-9270.   

MCA updated logo

 

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. 

book cover

   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

    tami.kuipers@gmail.com 
 
 

 

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.