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June 2008 WCT recently prevailed in an administrative due process hearing against the Chicago Public School District in a case which involved a 10-year-old boy with learning disabilities who was receiving inappropriate services at his homeschool. Please see this case summary for more details about J.I. v Chicago Public School District No. 299. May 2008 In May 2008, the Illinois State Board of Education issued ratings for every Illinois school district on their "performance... with regard to the provision of special education services." More information regarding these "Determinations" can be found on ISBE's website at http://www.isbe.state.il.us/spec-ed/html/lea_determinations.htm. While detailed information broken down by each school district is not available, a 177-page report summarizing the findings of the investigation found an increased number of non-graduating special education students (as compared to regular education students), that a mere 56.6% of parents surveyed reported that they believed their local school districts were facilitating parent involvement as a means of improving services and results for children with disabilities, and that only 24% of children age 16 and above had IEPs that included coordinated, measurable, annual goals and transition services that would reasonably enable the student to meet post-secondary goals. April 2008 A new study published by the Archives of Pediatric and Adolescent Medicine finds that adopted children have a higher risk of exhibiting the characteristics of Attention Deficit Hyperactivity Disorder as teenagers. The study, titled The Mental Health of US Adolescents Adopted in Infancy, was led by Margaret Keyes, a University of Minnesota research psychologist. March 2008 The 11th Circuit court of appeals upheld the lower court's decision to award parents of a disabled child four years of prospective private school placement as compensatory relief. In its opinion, Jarron Draper v Atlanta Independent School System, the court of appeals specifically rejected the claim that the student had to prove the district was incapable of providing compensatory education prior to receiving continued prospective placement at a private special education school. February 2008 The 7th Circuit court of appeals affirmed the dismissal of a lawsuit against the U.S. Department of Education and the Illinois State Board of Education that alleged the No Child Left Behind Act ("NCLB") and the Individuals with Disabilities Education Act ("IDEA") are legally incompatible. The decision, Board of Education of Ottawa Township High School District 140 v U.S. Department of Education (07-2008) comes after two Illinois school districts and several special education students and their parents filed the suit, asking for the court to invalidate the NCLB requirements for changes in a child's IEP without regard to the students' individualized needs. January 2008 The "Civil Rights Act of 2008" was introduced in both the U.S. House (H.R. 5129) and U.S. Senate (S. 2554). The bill, among other provisions, impacts the IDEA by reversing two important U.S. Supreme Court rulings: Buckhannon and Murphy. In Buckhannon, the Supreme court ruled that parents were not allowed attorneys fees as "prevailing parties" if parents entered into settlement agreements with school districts. In Murphy, the Supreme court ruled that parents were not entitled to expert fees as part of the fee shifting provision in the IDEA. The purpose of these these new bills is stated as being "To restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes." The Illinois House of Representatives also introduced a bill, H.B. 4268, which would require school districts who expel a student to "permit the student to transfer to another attendance center within the district for the remainder of the expulsion." December 2007 Illinois Senator Barack Obama introduced U.S. Senate Bill 2428 to establish and maintain a public website through which parents and students can access a complete database of available scholarships, fellowships and other financial assistance programs in the fields of science, technology, engineering and mathematics. November 2007 Parents of triplets filed a Petition to the U.S. Supreme court to determine whether the "stay put" provision in the IDEA applies to early intervention services. The parents rejected the triplets' proposed IEPs upon turning age three, and argue that the district has to continue to fund implementation of their early intervention services pending a final outcome of the dispute. D.P. ex rel. E.P., D.P. and K.P v. School Bd. of Broward County , 483 F.3d 725 (11th Cir. 04/03/07) October 2007 The U.S. Supreme court made a determination that the parents of a disabled child, who was never enrolled in the public school district, were entitled to reimbursement of private school tuition. (Board of Education of City School District of New York v Tom F. ) The underlying U.S. District court and 2nd Circuit appellate court decisions can be found at Board of Education of City School District of New York v Tom F. (District court decision). and Board of Education of City School District of New York v Tom F. (2nd Circuit appellate decision). In addition, a U.S. District court of Illinois ruled that parents of disabled children over the age of 18 do not have independent, enforceable rights under the IDEA, and therefore dismissed an appeal of an administrative hearing decision against an Illinois school district. The opinion can be found at Loch v Board of Education of Edwardsville Community School District 7 . Sept. 2007 The 7th circuit U.S. District court issued a decision regarding stay-put, indicating that if a specific teaching methodology is not included in a child's IEP, then the district is not required to continue that methodology during a pending educational dispute. (John M. by Christine M. and Michael M. v Board of Education of Evanston Township High School District No. 202, 107 LRP 53843 ) August 2007 The Illinois legislature was hard at work this month, passing several new education laws which amend the School Code. One such law (105 ILCS 5/14-6.10) gives 18-year-old children the right to appoint a parent to retain educational decision-making authority for them by executing a Delegation of Rights . In addition, an anti-bullying law (105 ILCS 5/27-23.7) was finally passed in Illinois, which mandates all public school districts by the end of February 2008 to draft a written policy on bullying, and to communicate this bullying policy to parents and students on an annual basis. July 2007 New Illinois special education regulations are finalized. A memo summarizing the changes can be found at: 2007 Illinois spec ed regulations revision . |
