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Articles

Fundamentals to Special Education

7/1/2024

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Parents have a legal right to a seat at the IEP table. Parents know their children best, and bring invaluable perspective and knowledge about the child into the IEP process. Courts affirm that "parents surely know the student the best, regardless of any expertise." L.H. v. Hamilton. See resources below:

Despite common knowledge, Parents have every right to be an informed and meaningful participant in all meetings on the identification, evaluation, and placement of their child. In fact, by law, parents play an equal role to District team members.
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The Individuals with Disabilities Education (IDEA) states:

(b) Parent participation in meetings. (1) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to— (i) The identification, evaluation, and educational placement of the child; and (ii) The provision of FAPE to the child. [§300.501(b)(1)] Immediately after this statement, IDEA focuses on the corresponding responsibility of the school system: (2) Each public agency must provide notice consistent with §300.322(a)(1) and (b)(1) to ensure that parents of children with disabilities have the opportunity to participate in meetings described in paragraph (b)(1) of this section. [§300.501(b)(2)]

Parental participation "must be more than a mere form; it must be meaningful," courts continue to reaffirm. "Procedural violations that interfere with parental participation in the IEP formulation process undermine the very essence of the IDEA," as in Amanda J. v. Clark County Sch. Dist., 267 F.3d 877 (9th Cir. 2001). Indeed, as evidence of how important parental participation is to the core of IDEA and FAPE, Congress even attached its emphasis on "full participation of concerned parties throughout the development of the IEP" to the IDEA's procedural safeguards!
There are several leading cases that help narrow exactly what "meaningful participation" even further and give context to the legal jargon. For instance, in a Ninth Circuit case, the court found the school district violated the IDEA, depriving Parents of a meaningful participation, where the school district independently developed a proposed IEP and failed to consider alternatives at the IEP meeting outside of their pre-existing, predetermined program. W.G. v. Board of Trustees of Target Range School District No. 23, 960 F.2d 1479 (9th Cir. 1992). A word of caution—since case law is diverse, ever evolving, and jurisdiction specific, it's important to know what cases are controlling versus persuasive.

Check out several great resources pointing to key case law below!
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Note to Parents: From start to finish, your voice matters. You have a legal and ethical right to share your opinions, desired priorities, and parental concerns. As a parent involved in IEP planning, you can contribute in the following ways:

  • Requesting "anything that will be presented at the IEP meeting" at least 2 weeks before the meeting, and reviewing content provided thoroughly
  • Prioritizing concerns & staying on target
  • Providing 'Parental Input' in writing, attached to the IEP
  • Assessing your child's skills across environments & being brutally honest with the team (bring examples if you can!)
  • Monitoring IEP success, or "progress monitor" your child's growth regularly

While it may be intimidating to establish your voice in IEP meetings, your child's success depends on it. You have unique insights that no other IEP team member can provide.

So what do you do when you don't know what to do?! (Ha, say that three times fast.) Without question, navigating the world of special education and special needs is complex. At times it's obscure and sometimes downright subjective. We can find ourselves binging on the internet, scouring for answers across parent blogs, boards, research, and the like.

Take heed, research and preparation before an IEP is critical.

But to avoid the ever-looming research spiral or "analysis paralysis," consider first narrowing down your priorities. From there, establish a few reliable and sound sources that you consistently check-in with.

Maybe leave the venturing out to additional sources when faced with a particularly important issue—this will limit wasting valuable cycles.

A few things to consider preparing and bringing to your next IEP:
  1. Progress mapping, done by yourself or private team. The process of mapping progress has the tendency to reveal what information is missing and ideally if there's progress. For how-to's and more on this, check the resources below.
  2. Bring an agenda of all the items you wish to discuss, broken down in outline form with supporting/key information. A little pro tip: Take your notes on the agenda itself, either typing in a different color or handwriting; this will keep you organized on each issue. If you want to take it one step further, circle or highlight items that open & confirm everyone knows their action items before leaving the meeting.
  3. Have 'Parental Input & Concerns' printed out and ready to read at the meeting. These should be carefully prioritized because it will in large part help shape the IEP. There's only so much time in the day, so working through priorities before the IEP allows time to consider how you can overlap target skills and overall form a more thorough IEP.

Most importantly, when you run into questions or need to consult on strategy, ASK! It's better to spend 15-30 minutes consulting with an expert than walking in unprepared.

Schedule time here or contact us here.

Resources:

  • Wrights Law: Can the IEP Team Prepare a "Draft IEP" Before an IEP Meeting?
  • Parent Information & Resources: Parental Right to Participate in Meetings (answers some great questions)
  • Facebook: Parents Win Due Process Case, 2019 (Defining Illinois' scope of "meaningful participation")
  • UCLA School of Law: Legal Research: An Overview: Mandatory v. Persuasive Authority
  • Wrights Law: Mainstreaming (LRE) and FAPE in 2018: Analysis of L.H. v. Hamilton County Dept. of Ed 
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Student Records & Related Services Logs

6/26/2024

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Why You Need to Monitor Student Records for IEP Services & How to Do It

Related service logs are not just administrative documents; they are essential tools for parents to meaningfully participate in their child's special education. 

Service logs are detailed records that document when and how special education services that are outlined in the child's Individualized Education Plan (or IEP), such as occupational therapy or speech and language services, are provided to a child. In many states across the U.S., including Illinois, service logs for special education are classified as part of a student's educational records, meaning you have legal rights to access and review these logs. 

So why does this matter for advocating for your child's special education?

Related service logs enable parents to actively monitor the delivery of IEP-related services, ensuring transparency, accountability, and providing a basis for legal recourse if their child does not receive the necessary special educational supports and services. More specifically, related services logs are a tool for parents and guardians for:
  1. Monitoring Service Delivery & Tracking Progress: Related service logs provide concrete evidence of services delivered as specified in a child's IEP, tailored to their unique educational needs. These logs allow parents to assess their child's progress, understand intervention effectiveness, and make informed decisions such as IEP modifications during IEP meetings to support the child's educational and developmental goals effectively. For more on How to Monitor You Child's IEP Progress, get our how-to video here.
  2. Ensuring Compliance with Legal Requirements: By law, districts are mandated to provide the services specified in the IEP. The related service logs are a tool to ensure these legal requirements are being met. If there are discrepancies or issues with service delivery, the logs provide documentation to support discussions with school administrators or legal actions if necessary. Understanding the legal framework, including federal laws like FERPA, ensures parents are aware of their rights to access these records and the district's obligations.
  3. Transparency and Communication: Access to accurate and timely information through related service logs promotes transparency between parents and educational professionals. It facilitates better communication regarding the child's educational needs and progress, fostering a collaborative approach to supporting the child's overall development.

Practical Advocacy Tips:
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Here are some practical tips for navigating the complexities of special education services and how to effectively use related service logs to empower your advocacy for your child's needs:
  1. Request and Review Regularly: Make it a practice to request and review your child's related service logs regularly. These logs are crucial in documenting the delivery of services specified in your child's IEP. By reviewing them, you can ensure that your child is receiving the appropriate supports and track their progress over time.
  2. Document Everything: Keep a record of all communications and interactions related to your child's special education services. This includes emails, letters, and notes from meetings. These documents can serve as valuable evidence if you need to address discrepancies or advocate for changes to your child's services.
  3. Understand Your Rights: Familiarize yourself with the legal framework surrounding related service logs, including federal and state laws like FERPA and your state's specific regulations. Knowing your rights to access and review these records ensures that you can effectively monitor your child's educational progress and hold educational institutions accountable if necessary.
  4. Attend IEP Meetings Prepared: Before attending IEP meetings, thoroughly review your child's current IEP and related service logs. Come prepared with questions and observations about your child's progress and the effectiveness of the services provided. This proactive approach helps ensure that discussions are focused on your child's specific needs and educational goals.
  5. Seek Guidance and Support: Don't hesitate to seek guidance from special education advocates, attorneys, or support groups if you encounter challenges or have questions about your child's services. These resources can provide invaluable support and expertise in navigating the special education system and advocating for your child effectively.

By proactively engaging with related service logs and understanding their role in your child's education, you can play a proactive role in ensuring they receive the educational supports they need to thrive. Remember, you are your child's best advocate, and leveraging these tools empowers you to make informed decisions and advocate effectively for their educational rights.

Resources: 

Understanding the legal framework surrounding related service logs is essential for advocating for your child's special education needs. Here are key federal and Illinois codes that pertain to related service logs:
  1. Federal Law
    • ​​Family Educational Rights and Privacy Act (FERPA): FERPA ensures parents' rights to access and review their child's educational records, including related service logs. It also governs the confidentiality and disclosure of these records. For more information: Visit the U.S. Department of Education's FERPA webpage here.
  2. Illinois Law:
    1. Illinois School Code - 105 ILCS 5/14-8.02f: This statute outlines the rights of parents to access and review their child's educational records, including related service logs in Illinois. For more information: Access the Illinois Compiled Statutes here.
  3. Parent Resources:
    1. Related Services Logs & Student Records Video with special education attorneys Sabrina Shafer and Phil Milsk
    2. ​Sample Letter Requesting Student Records
    3. How to Monitor IEP Services & Why You Need to Do It (Free Parent Video)
    4. Are Your IEP Goals Working (Free Parent Workshop)

Disclaimer: The information provided above is intended to serve as educational content and general guidance. It is not legal advice. For specific legal questions or concerns regarding your child's special education services and related service logs, please consult with a qualified attorney or legal professional. This resource is designed to empower parents with knowledge to advocate effectively for their child's educational rights.

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Navigating the OCR Complaint Process

5/8/2024

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​For parents of children with special needs, ensuring access to appropriate educational services and accommodations is crucial. However, navigating the complex landscape of special education laws and regulations can be daunting. In cases where parents believe their child's rights have been violated, filing a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) may be necessary.

This guide aims to provide parents with directional information on when an OCR complaint is appropriate and how to navigate the complaint process.  This is not legal advice. If you feel an OCR complaint may be necessary, we highly encourage you to engage an attorney specialized in special education matters.

The Basics: What is an OCR Complaint?

An OCR complaint is a formal complaint filed with the U.S. Department of Education's Office for Civil Rights. These complaints typically address allegations of discrimination based on race, color, national origin, sex, disability, or age in programs or activities that receive federal financial assistance.

For parents of special needs children, an OCR complaint might be filed if they believe their child's rights under federal laws such as the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 have been violated. These laws require schools that receive federal funding to provide appropriate accommodations and services to students with disabilities.
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To file an OCR complaint, parents typically need to submit a written complaint to the OCR office responsible for their state or region. The complaint should include specific details about the alleged discrimination or violation of rights, including dates, names of individuals involved, and any relevant documents or evidence. The OCR will then investigate the complaint and take appropriate action if they find evidence of discrimination or violation of civil rights.

Parents can usually find information on how to file an OCR complaint on the U.S. Department of Education's website or by contacting the OCR office directly. 

Understanding When an OCR Complaint is Appropriate:

​Filing an OCR complaint is a serious step that should be considered when other avenues for resolution have been exhausted. Parents may consider filing an OCR complaint in the following situations:
  1. Denial of Services: If a school district fails to provide appropriate educational services or accommodations outlined in a child's Individualized Education Program (IEP) or Section 504 plan, despite repeated requests or attempts to resolve the issue.
  2. Discrimination: Instances of discrimination based on disability, race, color, national origin, sex, or age within the educational setting may warrant an OCR complaint. This could include harassment, unequal treatment, or denial of access to educational opportunities.
  3. Failure to Follow Legal Requirements: Schools that receive federal funding are required to adhere to federal laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. If a school district fails to comply with these laws, resulting in harm to a student with special needs, filing an OCR complaint may be appropriate.
  4. Exhaustion of Other Remedies: If attempts to resolve the issue through informal means, such as meetings with school administrators or mediation, have been unsuccessful, parents may consider filing an OCR complaint as a last resort.

Beginning Steps to Filing an OCR Complaint:

  1. Gather Documentation: Collect relevant documents, including emails, letters, assessment reports, IEPs, Section 504 plans, and any other evidence that supports the allegations of discrimination or violation of civil rights.
  2. Research and Understand the Process: Visit the OCR website to familiarize yourself with the complaint process, including deadlines, required information, and the specific office responsible for your state or region.
  3. Draft the Complaint: Write a clear and detailed complaint that outlines the alleged discrimination or violation of civil rights. Include specific details, such as dates, times, locations, and the names of individuals involved, as well as references to applicable laws.
  4. Submit the Complaint: File the complaint with the OCR office responsible for your state or region. Ensure that you provide all necessary information and documentation to support your allegations.
  5. Follow-Up and Cooperation: Be prepared to cooperate with OCR investigators and provide any additional information or documentation they request. Stay engaged in the process and respond promptly to any communication from OCR.

Beginning To Draft Your OCR Complaint: 

Successful OCR complaints typically include specific and detailed information about the alleged discrimination or violation of civil rights. Here are some components to consider including in your OCR complaints:
  1. Clear Allegations: The complaint should clearly state the alleged discriminatory actions or violations of civil rights that occurred. This could include instances of denial of services, unequal treatment, harassment, or failure to provide appropriate accommodations.
  2. Specific Details: Providing specific details such as dates, times, locations, and the names of individuals involved strengthens the complaint and helps investigators understand the context of the allegations.
  3. Relevant Documentation: Including relevant documents, such as emails, letters, assessment reports, Individualized Education Programs (IEPs), or Section 504 plans, videos, and pictures can support the allegations and provide evidence of the discrimination or violation.
  4. ​Legal Basis: The complaint should reference the relevant laws or regulations that were allegedly violated, such as the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act, Title IX, or the Americans with Disabilities Act (ADA).
  5. Impact on the Student: Describing how the alleged discrimination or violation has impacted the student's education, well-being, and access to services is essential. This helps OCR investigators understand the harm caused and the need for corrective action.
  6. ​Request for Relief: Clearly stating the desired outcome or relief sought, such as changes in policies or procedures, provision of compensatory services, or other corrective actions, helps guide the investigation and potential resolution of the complaint.
  7. Consistency and Clarity: The complaint should be well-organized, coherent, and free from ambiguity to ensure it is easily understood by OCR investigators.
  8. Timeliness: Filing the complaint within the applicable statute of limitations is crucial. OCR complaints must generally be filed within the statute of limitations of the alleged discrimination, although extensions may be granted under certain circumstances.
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​Filing an OCR complaint can be a complex and challenging process, but it is an important tool for parents advocating for their children with special needs. By understanding when an OCR complaint is appropriate and following the steps outlined in this guide, parents can effectively navigate the complaint process and seek resolution for alleged violations of their child's civil rights. Remember, you are not alone in this journey, and there are resources and organizations available to support you every step of the way.
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Special Education Eligibility

4/8/2024

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How Do You Know If Your Child Needs Special Education?

Navigating the world of special education can be overwhelming, especially for parents who suspect their child may need additional support. Understanding the eligibility process is crucial in accessing the services and resources that can help children thrive academically and socially. In this article, we'll explore the concept of eligibility and provide insights from a workshop on special education eligibility conducted by special education attorneys Sabrina Shafer and Phil Milsk, and special education advocate, Judy Ruffulo. 

Understanding Eligibility:

Eligibility for special education services is determined by a federal law called Child Find. This law mandates that school districts must identify and provide services to all students with disabilities, regardless of where they attend school. This includes children who are homeschooled or attend private institutions.

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If you suspect that your child may be eligible for special education services due to developmental delays or other concerns, the first step is to contact your school district and request an evaluation. The school district is then responsible for conducting a comprehensive assessment of your child's needs across various areas of development.

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Understanding the Timelines for Eligibility:

It's essential for parents to be aware of the legal timelines surrounding the eligibility process for special education services. It's highly encouraged that you check your local laws and consult with a special education attorney, including on federal laws.  Meanwhile, here's a short breakdown that parents should keep in mind:
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  1. Timely Evaluation: Once a parent requests an evaluation for their child, the school district is legally obligated to conduct the evaluation promptly. This typically occurs within a reasonable timeframe, often within 60 days of the request.
  2. Evaluation Review Meeting: Following the completion of the evaluation, the school district will schedule a meeting with the parents to review the assessment results and determine eligibility for special education services. This meeting should occur within a reasonable timeframe after the evaluation is completed, allowing parents to participate in the decision-making process.
  3. Development of the Individualized Education Program (IEP): If a child is found eligible for special education services, an IEP meeting will be scheduled to develop an individualized plan tailored to the child's unique needs. The IEP meeting should take place within a reasonable timeframe following the determination of eligibility, ensuring that appropriate services can be implemented in a timely manner.
  4. Appeals Process: In cases where parents disagree with the school district's determination of eligibility or the proposed IEP, they have the right to appeal the decision through due process procedures. It's important for parents to understand the deadlines and procedures involved in the appeals process to ensure their rights are protected and their child's needs are addressed.

​By understanding the timeline of eligibility, parents and guardians can advocate effectively for their child's rights and ensure that the eligibility process proceeds in a timely and appropriate manner. If you encounter delays or obstacles in the process, consider seeking guidance from a special education advocate or legal professionals who can provide support and assistance in navigating the legal timelines and procedures associated with special education eligibility.
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Key Steps in the Eligibility Process:
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  1. Requesting Evaluation: Reach out to your school district and request an evaluation for your child if you have concerns about their development or educational needs. The district is legally obligated to conduct an evaluation upon request.
  2. Comprehensive Assessment: The school district will conduct testing in all areas of suspected disability. It's essential to communicate any concerns you have about your child's development to ensure that testing covers all relevant areas.
  3. Advocating for Evaluation: In rare cases, school districts may refuse to evaluate a child. If this happens, it's important to seek guidance from advocacy organizations or legal professionals who can help you navigate the process and ensure that your child receives the evaluation they need.
  4. Eligibility Determination Meeting: Once the evaluation is complete, you will attend a meeting with school district professionals to review the assessment results. If your child is found eligible for services, an Individualized Education Program (IEP) will be developed to outline their educational goals and support services.
  5. Seeking Additional Support: If the school district determines that your child is not eligible for services and you disagree, it's essential to seek support from advocates or attorneys who can help you navigate the appeals process and advocate for your child's needs.

Navigating the special education eligibility process can be complex, but understanding your rights and advocating for your child is essential. By familiarizing yourself with the Child Find law and the steps involved in the eligibility process, you can ensure that your child receives the support and resources they need to succeed in school and beyond. If you have concerns about your child's eligibility for special education services, don't hesitate to reach out to advocacy organizations or legal professionals for guidance and support.
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SAMPLE LETTER FOR EVALUATION
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5 TOP MUST-KNOWS BEFORE YOUR NEXT IEP MEETING

3/4/2024

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IEPs have to have certain components by law and of the top most important components are your present levels. If your present levels aren't accurate, your goals aren't going to be accurate and you effectively don't have an IEP.

So let's talk about the top five things you need to know walking into your next IEP meeting to make sure that your levels, your present levels, your goals, and your overall IEP is on point.

  1. You can and should call multiple IEP meetings throughout the year. Sometimes, parents think that they can only call one IEP meeting, sometimes parents even ask me if they can call an IEP meeting. They think that only the school can. You can and you should call IEP meetings, this is your child's future, and you're an important component of that IEP team. Without your input, we can't properly help your child. So it's important that you call an IEP meeting or even a team meeting when you notice changes in your child's behavior, changes in their progress or regression, or just have concerns or input that you want to provide to the team. Learn mor about how to draft your Parental Input here.
  2. You can have multiple IEP meetings within a year, or even to finish one IEP document. I get this question a lot. Do I have to finish everything in one IEP meeting? Or what do I do if the school ends the meeting before everything's been covered? You can call multiple meetings for one IEP, and that's completely fine. The objective of an IEP meeting or meetings is to complete an IEP that's appropriate for your child , so if that takes one hour or seven hours, it's dependent on a case-by-case basis based on what your kid needs. So number two, you can call more than one IEP meeting to finalize an IEP.  
  3. Did you know that you can excuse people from your IEP meeting? We get this question a lot. Do I have to have everybody here? So you'll get notification, or you should, of who's going to be at your IEP meeting. And if there are certain people who are disruptive, maybe it's not in the child's best interest to be there, you can ask that they're not there. Of course, the school district can refuse, but it's important that you recognize, you're a part of that IEP team and your input matters. So make sure that if there are folks there or professionals there that shouldn't be in the meeting for whatever reason, you voice your concern in writing and request that they're not there.
  4. When you don't understand something at an IEP meeting, you can stop and ask questions. A lot of times, meetings go fast or there's a ton of information that's being presented at once to you. You can slow the meeting down. Remember, earlier we talked about, you can call multiple IEP meetings. And that's important because then you're allowed to slow down and process. It's important that you do that because you need meaningful participation in your child's IEP. And so if you don't understand something, stop and ask. If the meeting's getting contentious or people are getting frustrated, stop, get a glass of water, take a minute in the hallway. You can stop a meeting at any time.  
  5. You are part of the IEP team and you can bring anyone that you think is relevant to the IEP meeting. We've seen people bring neighbors, other professionals, tutors, babysitters. Who do you think has relevant information about your child's learning, disability and needs? And as a member of the IEP team, you can bring any of those professionals that you think you need.
 
As always, reach out with questions. Happy Advocating!

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    Sabrina Shafer

    Sabrina Shafer, an esteemed attorney in Illinois, is renowned for her sharp intellect and unwavering commitment to justice in special education. Known for her strategic approach and fierce  representation in courtrooms, hearings, and negotiations alike.

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