Special Education Directors Conference · 2018. 7. 31. · Public Inquiry - CPS Whole Child • Whole School • Whole Community ISBE Response (December 2017) ISBE initiates a PUBLIC
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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.
Whole Child • Whole School • Whole Community
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.
Whole Child • Whole School • Whole Community
ILLINOIS UPDATES:
PUBLIC INQUIRY & DISCIPLINE DATA
Public Inquiry - CPS
Whole Child • Whole School • Whole Community
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?
Public Inquiry - CPS
Whole Child • Whole School • Whole Community
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.
Public Inquiry - CPS
Whole Child • Whole School • Whole Community
Statement of Issues regarding CPS’
Electronic IEP system
Documentation and data collection requirements
Budgeting system
Policies regarding transportation
Public Inquiry – CPS Timeline
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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
Public Inquiry - CPS
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.
Whole Child • Whole School • Whole Community
Public Inquiry - CPS
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
Whole Child • Whole School • Whole Community
Public Inquiry - CPS
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
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Public Inquiry - CPS
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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
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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
Whole Child • Whole School • Whole Community
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
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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.
Whole Child • Whole School • Whole Community
ILLINOIS CASES
Translation Services Lawsuit
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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.
Whole Child • Whole School • Whole Community
ILLINOIS REGULATIONS
23 Illinois Administrative Code Part 375
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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
23 Illinois Administrative Code Part 401
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
Whole Child • Whole School • Whole Community
23 Illinois Administrative Code Part 401
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
Whole Child • Whole School • Whole Community
23 Illinois Administrative Code Part 25
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
Whole Child • Whole School • Whole Community
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.
Whole Child • Whole School • Whole Community
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
Legislation to Look Out For!
Wellness: HB 4205 – Connecting at-risk students to behavioral
supports HB 4658 – School boards to develop policies around
mental illness recognition
Legislation to Look Out For!
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
Whole Child • Whole School • Whole Community
Whole Child • Whole School • Whole Community
Rupa Ramadurai
Assistant General Counsel
Illinois State Board of Education
rramadur@isbe.net
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