special education directors conference · 2018. 7. 31. · public inquiry - cps whole child •...

Special Education Directors ConferenceLegal Update from the General Counsel’s Office

Rupa RamaduraiAssistant General CounselAugust 1, 2018

Whole Child • Whole School • Whole Community

AGENDA

I. Looking at the Big Picture: Federal Cases Federal Updates

II. Looking Local: Illinois Updates Illinois Cases Illinois Regulations Illinois Statutory Updates

III. Looking Forward: Illinois Proposed Legislation

Federal Cases

Bullying & Harassment –Takeaways from Around the Country

1. Failure to couch a claim under IDEA for bullying resulting in the denial of FAPE, must be analyzed under a different standard (negligence).

2. If a district does not follow their own bullying policies they can be responsible for negligence.

Federal Cases

Child Find and Evaluations –Takeaways from Around the Country

1. IDEA does not require school districts to develop an IEP “at earliest moment possible.”

2. Development of a 504 plan does not relieve LEA obligation to consider IDEA eligibility later, should circumstances warrant such review.

Federal Cases

IEP Development and Implementation –Takeaways from Around the Country

1. If district unilaterally modifies services, this can be a violation of parents’ right to meaningful participation.

2. IEP must clearly describe services in a way parents can understand.

3. Occasional failures to implement an IEP is not actionable for a deprivation of FAPE.

Federal Cases

Least Restrictive Environment (LRE) –Takeaways from Around the Country

1. Unjustified isolation of students with disabilities is a form of disability discrimination.

2. Parents cannot force a school to prevent their child from socializing with their general education peers.


FEDERAL UPDATES

U.S. Department of Education Postpones Release of Regulations for Two Years to Ensure Effective Implementation

Significant disproportionality

IDEA requires states to identify districts with “significant disproportionality” in special education. That is when districts identify, place in more restrictive settings, or discipline students with disabilities from any racial or ethnic group at a markedly higher rate than their peers.

Illinois: Requested and advocated for full implementation, and no delay.

U.S. Department of Education Releases 2018 Determination Letters on State Implementation of IDEA

State Determination Letter for Illinois: IDEA Part B Determinations:

Meets Requirements

Needs Assistance (one year)

Needs Assistance (two or more consecutive years)

Needs Intervention (one year)

Needs Intervention (seven consecutive years)

IDEA Part C Determinations: Meets Requirements

Needs Assistance (one year)

Needs Assistance (two or more consecutive years)

OSERS Letter on IEPs and IEEs

Background: IEP team no longer finds student eligible as a result of a

reevaluation. Parent wants IEE at public expense because they disagree with

IEP team’s conclusion. Request:

Must IEP services continue to be provided pending outcome of IEE?

Response: Informal Guidance

Request for IEE alone does not invoke “stay put” of services to continue pending the outcome, BUT

Filing of due process will invoke “stay put” and student will continue to receive services pending the outcome of the IEE.


ILLINOIS UPDATES:

PUBLIC INQUIRY & DISCIPLINE DATA

Public Inquiry - CPS


Open Letter to ISBE (November 2017)

Special education advocates representing CPS parents and families.

Raised question as to:

Whether CPS had created a special education policy environment which resulted in a violation of student rights?



ISBE Response (December 2017)

ISBE initiates a PUBLIC INQUIRY into CPS’s system of special education, focusing on the issues outlined in the Open Letter.

Public Inquiry was led by ISBE’s Office of the General Counsel and allowed ISBE to closely examine the issues of public concern in a fair and transparent manner.



Statement of Issues regarding CPS’

Electronic IEP system

Documentation and data collection requirements

Budgeting system

Policies regarding transportation

Public Inquiry – CPS Timeline


November 16, 2017

ISBE Board Meeting

Complaint Presented

December 15General Counsel

Announces Public Inquiry

January 29

Initial Meeting

with Parties

February 2, –

March 7Fact

Finding

February 22

Status Meeting

March 13 Pre-

Hearing Conference

March 20th,

21st, and 27th

Public Hearing


Lack of regular, coordinated, and comprehensive trainings provided to CPS staff.

Lack of consistency between CPS procedural manuals and SSM system.

Inadequate notice to parents about changes to the procedures and data collection requirements.

Requiring DR to authorize student eligibility for DLM.

Formatting of budget submitted.

Reporting of usage requirements of Title 1, SGSA, and IDEA.

Systemic Violations, Generally. No Issues Found.



SSM does not always accurately denote IEP team decisions.

SSM does not allow for approval of certain services at an IEP meeting due to insufficient or incorrect data entries.

Only an administrator / DR has the authority in SSM to approve certain services, and sometimes this individual does not attend the meeting.

Paraprofessional Data Requirements.

ESY Data Requirements. Therapeutic Day Placement Data

Requirements. SLD Data Collection

Requirements.

Issue One: Findings of Fact Issue Two: Findings of Fact



May have denied or delayed the provision of special education teachers and paraprofessional supports to schools in need.

May have denied or delayed the provision of special education or paraprofessional minutes to special education students.

Negatively impacted staff trying to provide services and support without adequate help.

SSM auto-populate statements not reflective of IEP team’s decision.

SSM requires authorization of an appropriate administrator.

Errors in consistency in the SSM, Procedural Manual, Guideline document, and CPS policy, concerning the role of the DR for certain transportation decisions.

Transportation is removed from an IEP, outside of IEP meeting, and without parental consent.

Issue Three: Findings of Fact Issue Four: Findings of Fact




Corrective Action Report ISBE Appointed Monitor IEP Meetings Electronic IEP System Use Data Collection Procedural Manual and Guidance Budgeting Stakeholder Involvement Additional Training Plan Student Specific Corrective Action

Update on Discipline Data


Public Act 98-1102

Timeframe:

2015-16

2016-17

2017-18

Eligibility:

Suspensions: 10 or more OSS in a given school year.

Expulsions: 10 or more OSS in a given school year.

Racial Disproportionality: 50 or more white students AND 50 or more students of color.

Update on Discipline Data


Public Act 98-1102 Identification:

Each metric is ranked from highest to lowest

Top 20% of districts for each metric, each year (15-16, 16-17, 17-18)

Notification:

Prior to October 31, 2018

What to Expect:

HB 4208 – Safe and Healthy Grants

Identification

Notification

Timeframes

Grant support

ISBE Duty to Report


ILLINOIS HEARING OFFICER DECISIONS

Illinois Hearing Officer Decision: Homebound & Compensatory Education Case No. 2017-0471

Facts: 15 year old – OHI, ED, and SLD, CVS, migraines, and sun downing. Missed half of 15-16 school year. Missed almost the entirety of 16-17 school year.

Issues: Failure to provide homebound tutoring is a denial of FAPE? Failure to provide IEP and services and address unique needs, impacted ability

to transition? Compensatory education? How much?

Holding: Compensatory Education was ordered for 2017-18 school year and ESY. Time restrictions were placed around when compensatory education would be

provided. Time restrictions placed around homebound services.

Illinois Hearing Officer Decision: Removal to IAES and Placement at TDS Case No. 2018-0311

Facts: 16 year old - ASD is suspended (first offense). MDR is conducted and behavior is found to be a result of the disability. District wants student to be placed at therapeutic day school but parents do not.

Issue: Whether change of placement to an interim alternative educational setting (IAES).

is necessary because the student was dangerous to maintain in currenteducationalplacement?

Standard for IAES: Substantial evidence provided by district that maintaining student in current

setting is substantially likely to result in injury to self or others;. Appropriateness of current placement. Did district attempt to minimize risks. Can the placement implement the IEP.

Holding: No across the board.


ILLINOIS CASES

Translation Services Lawsuit


H.P. v. Board of Education of the City of Chicago and ISBE Cause of Action:

CPS: Acted with “deliberate indifference” in failing to adequately serve

students with disabilities and their parents who have limited English skills.

ISBE: Failure to oversee CPS. Failure to serve this demographic in dispute resolution process.

ASK: Provide special education documents in parents’ native languages. Provide competent language interpreters at meetings.

Status: In settlement negotiations.

Bullied Student with Autism Is Awarded Damages

Zachary Liggett v. El Paso-Gridley CUSD District No. 11

Facts:

13 year old with Autism is repeatedly bullied on a school bus.

Bus driver fails to intervene or report.

Cause of Action:

Student’s parents brought the situation to the police.

Holding:

Jury awards:

$10,000 pain and suffering

$150,000 emotional distress

$90,000 loss of normal life

Disabled Track Athlete’s Claim Denied

A.H. v. Illinois High School Association (IHSA) Facts:

Student has a physical disability that impacts his ability to run. Student wanted to compete in state track competition. Qualifying times were difficult to attain Student submitted request to IHSA for there to be a different qualifying time for

disabled athletes like himself, and that he be permitted to use a modified starting block.

IHSA grants modification, but denies request to set different state qualifying times.

Cause of Action: Student claims IHSA violated his rights under ADA and Section 504.

Holding: IHSA did not violate the ADA or Section 504. The accommodation was not reasonable under the ADA, as it would

fundamentally alter the nature of the program.


ILLINOIS REGULATIONS

23 Illinois Administrative Code Part 375


Illinois School Student Records Act (ISSRA) Overview of Changes:

Removal of “gender” Definition of “student permanent record”

Removal of the following from a student’s transcript: Class rank State assessment scores


Special Education Facilities Under Section 14-7.02 of the School Code

Overview of Changes:

Regulatory Intent

Written Description

Illinois Residential Placements

Out-of-State Educational & Residential Placements



Special Education Facilities Under Section 14-7.02 of the School Code

Overview of Changes (continued): Orientation Initial Applications Changes in Approval Status Deadlines Guidance Hearing Officers



Educator Licensure Overview of Changes:

Section 25.43 Clarifies special education endorsement requirements. Those with a Professional Educator License (PEL), must

complete certain coursework. Section 25.48

Extends the date for short-term emergency approval Clarifies eligibility of license and endorsements for short-

term approval Removes requirement of approval from higher education

entity


ILLINOIS STATUTORY DEVELOPMENTS

Statutory Developments

Public Act 100-0532 (9/22/17) Request time for districts to comply with records

request went from 15 to 5 school days.

Public Act 100-0196 (1/1/18) Outpatient therapy efforts extended to children.

Statutory Developments

Public Act 100-105 (1/1/18) Prohibits preschool expulsions. Planned transitions to alternate settings are allowed.

Public Act 100-156 (1/1/18) Defines chronic absenteeism. Schools to collect and review chronic absenteeism

data. Schools to determine supports.


PROPOSED ILLINOIS LEGISLATION

Legislation to Look Out For!

Special Education H.B. 4369 – Dyslexia Handbook SB 454 – Chicago Public Schools HB 5770 – 504 Plan Notification


Wellness: HB 4205 – Connecting at-risk students to behavioral

supports HB 4658 – School boards to develop policies around

mental illness recognition


Wellness (continued): HB 4442 – Instruction in mental health as pre-

requisite for graduation HB 4524 – Trainings on identifying mental illness and

referral / intervention techniques

Legislation to Look Out for!

Wellness (continued): HB 5074 – ISBE to develop, implement, and administer

grants for mental health HB 5786 – Change the focus of in-school suspensions


Rupa Ramadurai

Assistant General Counsel

Illinois State Board of Education

[email protected]

mailto:[email protected]

special education directors conference · 2018. 7. 31. · public inquiry - cps whole child •...

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