Special Education Law Blog

Education Law Conference July 2007

Summer is a perfect time to enhance knowledge of special education law and to increase the effectiveness of advocacy. In July there will be a wide ranging conference in Maine on topics that are important to stay abreast of this ares of the law.  Besides Maine is especially beautiful in the summer.

On a Personal Note

Until this week, I once again had an interruption in posting to the blog. I am in the process of moving my office out of downtown Chicago to location in the suburbs closer to home. This move will allow my clients greater access and will give me the flexibility to do more things to support my children. When it is all final I will post an announcement and the new address. I expect to be in the new space on June 1, 2007.

Epilepsy Toolkit

The Center for Disease Control and Prevention has published a toolkit callled "You Are Not Alone" for supporting families of teens with epilepsy. The focus of this guide is to support transition to high school. The CDC states:

" You Are Not Alone is a toolkit developed specifically for parents of     teens who have epilepsy. Parents know that the transition from childhood     into adulthood often includes emotional, psychological, and social     challenges for any teen. But a teen with epilepsy, especially when newly     diagnosed, may have additional anxiety and confusion due to epilepsy's     complexity and unpredictability. When other people (including teachers,     other children, and other parents) do not understand or are afraid of this     teen who may appear different, a communication barrier can develop, creating     further misunderstanding, isolation, and discouragement. Parents can play an     important role in preventing this. When their children with epilepsy become     teenagers, they can encourage and assist them in taking responsibility for     themselves, while at the same time helping them accept the limitations on     their freedom and choices that may be necessitated by the seizure disorder.     The materials in this toolkit are designed to support this effort."

The kit includes literature,  streaming video and guidance to help students make it through a difficult transition from grade school to high school. Parents may want to consider using this guide both as a help for the family and to develop goals and supports for the IEP or 504 plan for high school.

 

Schools Failing In Public Outreach

School districts need to reach out to parents and make sure that they know what special education services are available.  This is not a statement of opinion it is a statement reflecting the child find responsibilities of IDEIA to do public out reach.  Unfortunately, too many school district seem intent on keeping parents in the dark, and then complain that parents are not well informed in the IEP process or worse yet have "unrealistic expectations."

New Bus Safety Device

Bus transportation is one of the many areas of special education which causes anxiety for parents of children with special needs.  In one instance, my son was dropped off at our old house on the other side of  town, when he had been picked up in the morning at our present house. The bus company manager excused this error stating "It is not as if we dropped  him off at the wrong house, we simply dropped him off at your old house." Who could argue with such profound illogic like that, especially when we had never lived in the old house during the time our son was receiving special education; how they even got that address remains a mystery.

The more common scenario which I receive several telephone calls throughout the year is "my child fell asleep on the bus, he/she did not come home, and after much panic and confusion I retrieved my child from the bus depot."   The next question is usually can I sue for the years taken off my life during the period my child was missing. There is a new system in place on many buses in New York that may make this situation a thing of the past.

A Robin Gavin Symposium for Parents and Professionals - November 5, 2005

The Robin Gavin Symposium for Parents and Professionals is a workshop intended for anyone interested or concerned with the care and well-being of children with special needs. The content focus is on children, but it can be adapted to young adults and adults.  The cost of the workshop is $25.00 ($40.00 total when two parents attend) and includes continental breakfast and a box lunch.  You may also receive 5 C.E. hours towards E.I. credentialing.  Please R.S.V.P. by October 31, 2005.

The Symposium will take place at Arlington Pediatric Therapy Management Services, Ltd., 3105 N Wilke Road, Arlington Heights, IL 60004 (located between Dundee and Rand Roads, Wilke is the frontage road east of route 53).

The schedule for the November 5, 3005, event includes two outstanding programs and training opportunities presented by Barbara T. Doyle, M.S.:

Child's Welfare Key for Illinois Hearing Officers

Having returned from presenting at the hearing officer training, I wanted to share my thoughts. There are a lot of new hearing officers, and the overwhelming majority (all but 3) are attorneys.  There is a diversity of gender, races, ages and abilities.  They are all bright and inquisitive and seem to be well versed in IDEA 2004.  The new hearing officers are grappling with the various issues that the new law has brought about and the current uncertainty of the law without new Federal and State regulations.

The common concern among all of the hearing officers was a focus on the child.  I believe that each in his or her own way views him/herself as a person who is dedicated to the child's welfare within the bounds of the law.  Of course, there is a lot of room to disagree over what is appropriate for the child.  The general feeling, moreover, was that due process issues that are petty or overly technical in nature are not compelling.  It must be the focus of due process to show the connection between the harm to the child or the educational loss and the issues presented.  Parents, advocates and parent attorneys must avoid being seen as playing a game of "gotcha" with the school or being viewed as uncooperative at the expense of the child.  Acting in a way that allows our cases to be cast in this light will be very unproductive and will likely lead to a losing outcome.  We need to stay child focused, remain clear on the harm or loss to the child, and avoid an appearance of pettiness. While these observations may appear to be common sense, in the heat of the moment and in the wake of strong emotions, such strategic thinking can allude us.

There were certainly some hearing officers who worried me. Some seemed to regard school district's with way too much deference, which is a major concern for me as a parent's attorney.  I can state candidly, however, that at the training, all of the hearing officers were listening and trying to hear both parent and school district perspectives.

IDEIA 2004 Interactive Telephone Seminar - October 31st, 2005.

The National Association of Administrative Law Judges and the National Judicial College invite your participation in an interactive telephone seminar on the due process hearing related portions of the Individuals with Disabilities Education Improvement Act of 2004, proposed new regulations under the Act, and problems hearing officers and ALJs may be having in implementing the new Act.  This invitation is open to everyone but should be of primary interest to Administrative Law Judges, Hearing Officers, and attorney practitioners who regularly conduct or participate in Special Education Due Process Hearings.

The seminar will be held on Monday, October 31, 2005 from:

• Eastern Time: 4:00 to 5:15 p.m.
• Central Time: 3:00 to 4:15 p.m.
• Mountain Time: 2:00 to 3:15 p.m.
• Pacific Time: 1:00 to 2:15 p.m.

Illinois Hearing Officer Training - October 24, 2005

The Hearing Officer Education Network (HOEN) has asked Charles Fox to participate in the winter training of the Illinois Special Education Due Process Hearing Officers on October 24, 2005 at the ISBE office in Springfield.  In an attempt to be fair and balanced, HOEN has invited four panelists to participate: two parent/attorney advocates and two district attorneys.  Attorneys Charles Fox and Wally Winter will present on behalf of parents/attorney advocates.  Attorneys Mary Klemish and Jay Kraining will present on behalf of the district.

Charles Fox and Wally Winter view this panel discussion as a prime opportunity to express their views on the law, the due process system, and biases and misconceptions in special education.   They are inviting all blog readers to express their most pressing issues, so that they may incorporate and synthesize a coherent "parent" perspective for the IHOs.   Given the impending nature of the presentation, comments and suggestions should be sent ASAP.   You may submit your comments publicly by filling out the "Post a Comment" form below, or you may email Charles Fox  and Wally Winter directly by clicking on their names.

October 12th Forum: The Criminalization of Youth In Education

On October 12, 2005, the Chicago Board of Education will be holding a public forum on the criminalization of youth in education.   The forum will run from 9:00 a.m. to 2:00 p.m. at the Illinois Institute of Technology, located at 3421 South Federal Street in Chicago.

The goal of the public forum is to "come up with some alternatives to suspension, expulsion and arrest when it comes to dealing with student discipline problems."

The forum will consist of two concurrent break-out sessions.   One session will discuss restorative justice, the Chicago Uniform Discipline Code, and the role of police and the juvenile justice system in the criminalization of youth.   The other session will cover the role of Chicago Public Schools' teachers and administrators, parents, community activists and organizations as responders to the student discipline problem.

All those wishing to RSVP to the forum should contact Call Carole Wood at (773) 553-1600.