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Special Education / School Law

You Have a Voice at the IEP Table

How to Prepare for Your Child’s IEP Meeting

Your child’s Individualized Education Program (IEP) meeting may feel intimidating — a room full of educators, specialists, and administrators all using acronyms you’ve never heard. But here’s something important to remember: you are the most essential person in that room. Under the Individuals with Disabilities Education Act (IDEA), you are not just a guest at your child’s IEP meeting — you are a required member of the IEP team, with real rights and real power.

This guide is designed to help you walk into that meeting feeling prepared, confident, and ready to advocate for what your child needs.

What Is an IEP and Why Does It Matter?

An IEP is a legally binding document that outlines the special education services, supports, and goals your child will receive at school. It is developed collaboratively by a team that includes you, your child’s teachers, a special education representative, and relevant specialists. Once signed, the school is legally obligated to implement it.

Because the IEP shapes your child’s entire educational experience — from classroom accommodations to therapeutic services — the quality of that document matters enormously. And the quality of that document depends, in large part, on how well you prepare.

Step 1: Gather and Organize Your Documents

Before the meeting, pull together every relevant record you have. This paper trail tells your child’s story and forms the foundation of your advocacy.

What to collect:

  • All prior IEPs and evaluation reports
  • Recent report cards and progress notes
  • Any private evaluations (from psychologists, therapists, or doctors)
  • Medical records relevant to your child’s disability
  • Any written communications with the school (emails, letters, meeting notes)
  • Samples of your child’s work that demonstrate their struggles or strengths

Review these documents carefully ahead of the meeting. Look for patterns — areas where your child consistently struggles, services that have or haven’t been effective, and goals that have gone unmet. If the school has conducted an evaluation, you are entitled to receive a copy in advance. Request it early so you have time to review and, if needed, consult an independent expert.

Tip: Bring your own copies to the meeting and keep them organized in a binder. Having documents at your fingertips gives you confidence and keeps the discussion grounded in facts.

Step 2: Know What to Expect at the Meeting

IEP meetings can run anywhere from an hour to several hours depending on your child’s needs. Understanding the structure helps you participate more effectively. A typical IEP meeting will cover:

  • Review of current performance: The team will discuss how your child is doing academically and functionally, based on assessments and teacher observations.
  • Annual goals: The team will propose measurable goals your child should achieve within the next year. You have the right to weigh in on whether these goals are appropriate and ambitious enough.
  • Services and supports: This is the heart of the IEP — what services will be provided, how often, by whom, and in what setting.
  • Placement: The team will discuss the least restrictive environment (LRE) in which your child can be educated, meaning the setting most similar to a general education classroom that still meets your child’s needs.
  • Accommodations and modifications: Changes to how your child is taught or assessed, such as extended time, preferential seating, or modified assignments.

You do not have to agree to anything on the spot. You have the right to ask for time to review the proposed IEP before signing. Remember — your signature on an IEP signals consent to the placement and services described. Never feel pressured to sign before you’re ready.

Step 3: Prepare to Advocate for Your Child

Preparation is the key to effective advocacy. The more clearly you can articulate your child’s needs — and the services you believe will address them — the stronger your position at the table.

Before the meeting:

  • Write down your top priorities. What do you most want addressed? What services does your child need that they aren’t currently receiving?
  • Prepare a list of questions (see suggestions below).
  • Consider bringing a support person — a trusted friend, family member, or advocate — who can help take notes and offer moral support. Under IDEA, you have the right to bring anyone you choose.
  • If your child is old enough and comfortable doing so, consider including them in the meeting. IDEA encourages student participation, particularly as children approach transition age.

Questions worth asking at the meeting:

  • How is my child’s progress being measured, and how will I be updated?
  • Why is this goal the right one for my child this year?
  • What happens if my child doesn’t make adequate progress?
  • What training do the staff members providing services have in this area?
  • If I disagree with the placement or services, what are my options?

If you disagree with something: Stay calm, but don’t stay silent. You can note your disagreement in the meeting and request that it be documented. You also have procedural rights under IDEA, including the right to request mediation, file a state complaint, or pursue a due process hearing if necessary. Consider consulting a special education attorney if you and the school reach an impasse on significant issues.

A Final Word: You Are Your Child’s Best Advocate

No one knows your child better than you do. The professionals at the table have important expertise, but you bring irreplaceable knowledge — about who your child is, what they love, where they struggle, and what helps them thrive. IDEA was built on the recognition that parents must be genuine partners in their child’s education.

Preparation is an act of love. When you walk into that meeting having done your homework, you send a clear message: my child’s education matters, and I’m here to make sure they get what they need.

If you have questions about your rights under IDEA or need help preparing for an upcoming IEP meeting, The Child and Family Law Center is here to help. Contact us at mickim@lawforchild.com to schedule a consultation.

This blog is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your child’s situation, please consult a qualified special education attorney.

Special Needs Divorce

Special Needs Divorce Considerations in Illinois: What Families Need to Know

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Divorce is complex under any circumstances. When a child or dependent adult has special needs, however, the legal, financial, and practical considerations multiply. Illinois law provides some tools to help families protect vulnerable dependents, but these cases require careful planning to avoid unintended consequences—especially involving government benefits, long-term care, and decision-making authority.

Below is an overview of the key issues attorneys, parents, and caregivers should evaluate in an Illinois special needs divorce.

1. Allocation of Parental Responsibilities and Parenting Time

Illinois courts decide parenting issues based on the best interests of the child. When a child has special needs, courts often look more deeply at:

  • Each parent’s history of involvement in medical and therapeutic care
  • Ability to coordinate with providers and schools
  • Understanding of the child’s diagnosis and treatment plan
  • Stability of housing and access to services
  • Willingness to cooperate on complex care decisions

In some cases, one parent may be allocated a greater share of decision-making authority for healthcare or education if continuity is critical.

Parents should consider:

  • Detailed parenting schedules that account for therapy, medical equipment, or fatigue
  • Transportation logistics for specialized services
  • Emergency medical protocols

2. Child Support Beyond Age 18

Illinois allows child support to continue into adulthood when a child has a disability that prevents self-support.

Potential support may include:

  • Ongoing financial support
  • Payment of uncovered medical expenses
  • Contributions toward housing or supported living programs
  • Vocational or life-skills training

Unlike traditional child support, these obligations may last indefinitely depending on the child’s condition and ability to live independently.

3. Protecting Government Benefits

One of the biggest risks in special needs divorce cases is accidentally disqualifying a child from needs-based public benefits such as:

  • Supplemental Security Income (SSI)
  • Medicaid
  • Waiver-based residential or in-home services

Direct child support payments or asset transfers to the child can jeopardize eligibility. Instead, families often use:

Special Needs Trusts

These trusts allow funds to be used for the child’s supplemental needs without counting as a disqualifying asset.

Structured Support Language

Divorce decrees should carefully specify:

  • Whether support is paid to a trust
  • Who administers funds
  • Permitted expenditures

This is an area where coordination between family law attorneys and special needs planning attorneys is essential.

4. Medical Decision-Making and Guardianship Planning

As children with disabilities approach adulthood, parents must evaluate whether guardianship or less restrictive alternatives are appropriate.

Issues to consider include:

  • Whether the child can manage medical decisions
  • Ability to consent to services
  • Financial decision-making capacity

Divorce agreements should address:

  • Who will pursue guardianship (if needed)
  • Whether co-guardianship is feasible
  • How legal fees and responsibilities will be divided

5. Education and Transition Planning

For school-aged children, Individualized Education Programs (IEPs) and transition plans are central to long-term success.

Divorcing parents should plan for:

  • Who attends IEP meetings
  • How educational disputes will be resolved
  • Post-secondary transition planning (ages 14–22 in Illinois special education systems)

Consistency is especially important for children with autism spectrum disorders, developmental delays, or complex medical needs.

6. Insurance and Long-Term Care Planning

Special needs cases often require enhanced attention to insurance issues, including:

  • Maintaining private health insurance when possible
  • Coordination with Medicaid secondary coverage
  • Life insurance to secure long-term support obligations
  • Funding mechanisms for future residential or day programs

Some divorce settlements include mandatory life insurance naming a special needs trust as beneficiary.

7. Adult Disabled Dependent Support

Illinois courts may order financial support for adult disabled children, including housing, food, and medical care. Courts typically consider:

  • The adult child’s financial resources
  • Parents’ financial abilities
  • Caregiving needs and costs
  • Public benefit eligibility

These orders are highly fact-specific and often require expert testimony.

8. Drafting Matters: Why Precision Is Critical

In special needs divorce cases, vague language can create serious problems. Orders should clearly define:

  • Duration of support
  • Payment mechanism (trust vs. direct payment)
  • Responsibility for therapies and uncovered medical costs
  • Future dispute resolution procedures

Small drafting mistakes can result in loss of benefits or future litigation.

Conclusion

Special needs divorce cases require a hybrid approach that blends family law, disability law, public benefits planning, and long-term financial strategy. With careful planning, parents can structure divorce agreements that protect both the child’s daily needs and long-term stability.

Families navigating these cases benefit from early coordination between legal counsel, financial planners, and special needs advocates. The goal is not just dissolving a marriage—it is preserving continuity, dignity, and support for a vulnerable dependent for years to come.

Special Needs Divorce in Illinois: Protecting What Matters Most

Divorce is never easy. When a child or dependent adult has special needs, the stakes are even higher. Parents are not only navigating the emotional and financial impact of divorce — they are also working to protect critical services, long-term care plans, and financial support systems their child may depend on for life.

At our firm, we understand that special needs divorce cases require more than standard family law representation. They require careful coordination, detailed planning, and a deep understanding of how Illinois law intersects with disability planning and public benefits.

Why Special Needs Divorce Cases Are Different

Every divorce involves decisions about parenting, finances, and the future. In special needs cases, those decisions must be made with additional layers of consideration, including:

  • Protecting eligibility for government benefits like SSI and Medicaid
  • Planning for care and financial support into adulthood
  • Coordinating medical, educational, and therapeutic decision-making
  • Ensuring long-term housing and life-care stability

Even well-intentioned divorce agreements can accidentally disrupt benefits or services if they are not structured correctly.

Child Support May Continue Into Adulthood

In Illinois, support for a child with disabilities may extend beyond age 18 — sometimes indefinitely. Courts can order support that covers:

  • Living expenses
  • Medical and therapy costs
  • Supported housing or residential programs
  • Vocational and life-skills services

These cases require detailed financial analysis and often collaboration with medical or vocational experts.

Protecting Government Benefits Is Critical

Many families rely on needs-based programs such as Supplemental Security Income (SSI) and Medicaid. Improperly structured child support or asset transfers can disqualify a child from these essential programs.

One common solution is using a special needs trust, which can:

  • Hold child support or settlement funds
  • Pay for supplemental quality-of-life expenses
  • Preserve eligibility for public benefits

Drafting in these cases must be precise. Small wording mistakes can have major long-term consequences.

Parenting Plans Must Reflect Real-World Care Needs

For children with special needs, parenting plans often need to address:

  • Therapy schedules
  • Medical equipment needs
  • Transportation to specialized providers
  • Consistency and routine requirements

Courts focus heavily on which parent can best support the child’s ongoing medical and developmental needs.

Planning for Adulthood Starts Early

As children with disabilities approach adulthood, families may need to consider:

  • Guardianship or supported decision-making
  • Adult disabled dependent support
  • Transition planning from school to adult services
  • Long-term housing and care arrangements

Divorce agreements should address who will manage these transitions and how decisions will be made.

Why Experienced Legal Guidance Matters

Special needs divorce cases sit at the intersection of multiple legal areas:

  • Family law
  • Public benefits law
  • Estate and trust planning
  • Disability rights and advocacy

A coordinated legal strategy can help ensure your child’s services, care, and financial security remain protected both now and in the future.

Our Approach

We work closely with families to:

  • Structure support to protect benefit eligibility
  • Coordinate with financial planners and special needs planning attorneys
  • Draft detailed, durable agreements that reduce future conflict
  • Focus on stability, continuity, and long-term protection for your child

You Don’t Have to Navigate This Alone

If you are facing divorce and have a child or dependent adult with special needs, early planning can make a meaningful difference in your child’s future.

Our team is here to help you understand your options and build a plan that protects what matters most.

LEGISLATIVE UPDATES: CHILDHOOD TRAUMA

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In August, Governor Pritzker signed a bill into law to help schools properly address childhood trauma with trained teachers, administrators and staff. At least 40% of children in Illinois have experienced at least one adverse childhood experience. At least 10% of youth across the state have had three or more adverse experiences. Hispanic and Black children are impacted at a much higher rate.

Adverse childhood experiences or ACES, are potentially traumatic events that occur in childhood (0-17 years). For example:

  • Experiencing violence, abuse or neglect
  • Witnessing violence in the home or community
  • Having a family member attempt or die by suicide.

Also included are aspects of the child’s environment that can undermine their sense of safety, stability , and bonding such as growing up in a household with:

  • Substance abuse problems
  • Mental health problems
  • Instability due to parental separation or household members being in jail or prison.

ACES are linked to chronic health problems, mental illness, and substance abuse problems in adolescence and adulthood. ACEs can also negatively impact education, job opportunities, and earning potential.

            In an effort to address the impact of trauma on children, the Illinois State Board of Education will be required to develop a Children’s Adversity Index to measure community childhood trauma exposure for kids three to 18 years old by May 31, 2025. Although some school districts are providing mental health services to address trauma these interventions are not systemic and depend on the efforts of individual community leaders and school districts. Teacher institutes will be required to provide instruction of trauma-informed practices.

BULLYING

Public Act 103-47 amends the School Code provisions to include the definition of bullying targeting based on physical appearance, socioeconomic status, academic status, pregnancy, parenting status, and homelessness. This law requires that a school district’s bullying procedures for informing parents or guardians of all students in the alleged incident of bullying within 24 hours after the school’s administration is made aware of the incident. Requires that all individual instances of bullying, as well as threats, suggestion, or instances of self-harm be reported to the parents or legal guardians of those involved under the guidelines provided. Effective June 9, 2023.

FAMILY LAW

Guardian Ad Litem: Public Act 103-126 amends the guardian ad litem (GAL) statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of the GALs. These changes are as follows: 1)Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent having a surprise GAL recommendation at trial with no written proposal in advance. 2) It also allows for the written report or recommendations are to be admitted in evidence without the need for any foundation. 3) Gives the GAL, at the discretion of the court, to : a) to be present for all proceedings, including in camera examinations of the child; b) issue subpoenas for records as part of his or her investigation; and c) file pleadings related to procedural matters. Effective Jan.1, 2024.

Helpful Tips Tag. Chat Speech Bubble Banner With Questions. Educ

Advocacy Tips for Parents Staying on Top of Your Child’s Education

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  1. Get organized
    • Buy a folder or two. Set up an organizational system that works for you. Keep Records of communication, emails, and work samples.
    • Be clear about the communication system your school uses to track your child’s progress and assignments. If this isn’t sufficient based on your child’s needs communicate that to the school personnel and work on an alternate or supplementary system.
  2. Communication
    • Most communication should be in writing- preferably via email.
    • Be polite and professional in all communication. This does not require you to agree but don’t make it personal.
    • Be clear and concise. Long emails don’t get read.
    • Agree on the frequency of communication.
    • When appropriate, use a checklist rather than a long narrative.
    • Agree on which team member from the school will be the point of contact.
    • If it is urgent, pick up the phone.
  3. IEP meetings
    • Develop a “proposed agenda”. Circulate this to the IEP team in advance.
    • Agree on the length of the meeting and who will participate.
    • This is not the time to play “gotcha.”
    • Prioritize your concerns and what you hope your child will achieve this school year.
    • Leave the meeting with an action plan and agree on who will be responsible for any follow up.

Resources: www.understood.org

Our office is available for consultation and or representation in special education, bullying, and educational concerns. Please feel free to email us at mmoran@grundlaw.com or call (312)-640-0500.

Specific Learning Disabilities / Dyslexia and the Science of Reading

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Twenty-six years ago, I opened the Child and Family Law Center of the North Shore, now a division of Grund & Leavitt). Some of you who have known me well are aware that one of the inspirations for this law practice was my journey with my own dyslexic son. We lived in one of the most affluent and well-funded school districts in Illinois. Despite these demographics my son was not learning to read. He disliked school in first and second grades and there was little if any progress in his ability to read. He was still struggling with letter recognition and misspelled his name.  All of the experts we saw recommended the Orton -Gillingham method for dealing with his dyslexia. [1]*Schools were then as they are now reluctant to use the word dyslexia in describing a student with a reading disorder. I was fortunate that I was able to find (after a number of months on a waiting list) a skilled O-G reading tutor. Five days a week I drove 45 minutes each way to allow my son to receive an hour of instruction.

He did learn to read but not until late 5th grade at great expense to his self-esteem but with his love of learning intact. Today he is an avid reader, loved college and all things to do with learning. However, in my naiveté, I assumed that once schools understood the need for research-based interventions and the importance of early intervention for all readers this would result in massive curriculum reform. I also saw that at least this aspect of my special education practice would be a non-issue, eliminated by the wide-spread recognition of the need for science- based reading instruction.

In the year 2000, the National Reading Panel issued their report and outlined the key elements of reading instruction, notably phonics-based instruction. [2] For a time, I brought this book to IEP meetings where I represented students who were identified as dyslexic. Some educators had not heard of this study, but others had and nodded in recognition across the IEP table. However, the interventions for struggling readers remained unchanged at most school districts.

I filed due process requests for parents who were forced to seek out private schools that offered the interventions they were seeking. This litigation often resulted in a positive change for that family but didn’t usually result in district wide changes. To be clear, litigation is expensive and parents were desperate. They understood that their child’s failure to be a solid reader would have a life long negative impact. Often the choice becomes ,should parents pay for a tutor or pay legal fees for a due process hearing. Like with other disabilities, success in litigation which resulted in enhanced services and support for an individual child did not result in the hoped for system wide reform and it appeared that most school districts took the results of the National Reading Panel as suggestions rather than a call to action that they would ignore.

Several times this school year I have been at IEP meetings where when asked (as I almost always do) what research-based interventions the district was providing or proposing, the answer was often an eclectic mixture of interventions with no discussion of why this would be effective for this student. In a number of meetings the answer has been “we use the Sally Calkins curriculum.” At a recent IEP I asked if they had gotten the “ memo” discrediting this intervention. Expecting to hear that they had not heard this I offered to look up the New York Times article while we were in the meeting. I was told by the administrator in charge of the meeting that they were well- aware of that information but would not be changing the curriculum since a study needed to be undertaken if they were to consider another intervention. I was told the process would take a year or two. This is what they had and was all that was available. These problems are not confined to under-performing or poor districts. Unfortunately, the most resistance to research-based interventions for students can be found in school districts in wealthy areas where change is slow to come.

This is a national emergency. Approximately one in three children in the United States cannot read at a basic level of comprehension. The outcomes are particularly troubling for Black and Native American children. [3]

Steps to take as a Parent:

  • Request a meeting with the school in writing.
  • If you suspect your child is struggling to read request a case study evaluation in writing.
  • If your school will not evaluate or is taking a wait to fail approach, if possible, seek out a private evaluation.
  • Keep track of your child’s work and test scores.
  • Be informed
  • Seek help from an attorney or advocate to assist in securing needed services.

Selected parent resources are listed below.

[1] Rose, Tessie E; Zirkel ( December 7, 2018). “Orton-Gillingham Methodology for Students with Reading Disabilities”. (https://files.eric.ed.gov/fulltext /EJ1785952.pdf) (PDF)

[2] Langenberg,Ph.D,Daniel. “Teaching Children to Read: An Evidence -Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction”. (https://wwwnichd.nih.gov/publications /pubs/nrp/documents/documents/report.pdf) (PDF)National Reading Panel

[3] https://www.newyorktimes.com/2023/04/16/us/science-of-reading-literacy -parents.html

law

NEW GUIDANCE HELPS SCHOOLS SUPPORT STUDENTS WITH DISABILITIES and AVOID DISCRIMINATORY USE OF DISCIPLINE

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On July 19,2022, the Department of Education for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released guidance to assist public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid discriminatory use of student discipline.

These newly released resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students through pandemic recovery.

            “ All students deserve to have their rights protected, and schools deserve greater clarity on how they can avoid the discriminatory use of discipline”, said U.S. Secretary of Education Miguel Cardona. “ Too often, students with disabilities face harsh and exclusionary disciplinary action at school. The guidance we’re releasing today will help ensure that students with disabilities are treated fairly and have access to supports and services to meet their needs-including their disability- based behavior.  We also expect that districts utilize the American Rescue Plan dollars to build capacity, provide professional learning opportunities for educators and school leaders and hire additional staff. These resources will also help schools live up to their legal obligations, support an equitable recovery for all our students, and make sure that students with disabilities get the behavioral support and special education services they need to thrive. “

            The new releases reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability- based behavior.

The new resources include:

The Minor’s Right to Confidentiality under Illinois Law

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Parents are often shocked at how much control their minor child has over their mental health records. In a post-dissolution of marriage proceeding, the petitioner mother sought to restrict the father’s parenting time with their minor child based on allegations that the father would continue to interfere with the medical services necessary for the child’s mental health. The father moved for production of the child’s medical, psychiatric, psychological, and school records, and the mother objected based on the child’s statutory privilege to keep the requested records confidential and objected to disclosing the records to his father. The trial court denied the father’s entire request for production of the child’s records. The Appellate Court addressed the issues that arise in the context of divorce and post-decree matters, specifically a minor’s right to deny access to his or her mental records, whether in the context of mental health treatment by private practitioners as well as in a therapeutic day school.

The minor was seeing a therapist and attended a therapeutic day school. Father sought both the entire school records as well as the private treatment provider’s records. Mother and the child representative were both in possession of the records. The minor objected to the disclosure of these records to the father.

The Appellate Court addressed two certified questions regarding these issues. The issues raised by the modified certified questions of law are whether a trial court, in a proceeding related to a petition to restrict parenting time under section 603.10 of the Marriage Act, (750 ILCS 5/603.10 (West 2018), where the allegations involve the mental health of a child who is at least 12 but under 18 years old, may deny a parent based on the provisions of the Confidentiality Act or the best interests of the child(1) the ability to discover otherwise relevant evidence concerning the child’s mental health and therapeutic school records on the ground that the child in question does not want the evidence disclosed to one parent; (2) the ability to discover the child’s medical records concerning the child’s mental health and school records from a therapeutic school even though those records are relevant to the proceedings and the parent is entitled to have access to those records pursuant to the parties’ allocation parental allocation judgment; and (3) access to the child’s mental health and therapeutic information that the child’s representative has reviewed.

The father in this case, argued that he wasn’t seeking records from the therapist but from his former wife. The court found that the father cannot avoid the effect of the child asserting his privilege against disclosure by seeking the documents from another source besides the therapist. The court further held that this privilege is not absolute and looked to the statute for clarity.
Section 4(a)(3) of the Confidentiality Act provides:
§ 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient’s records or any part thereof:
(3) the parents of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years of age from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any [.] (Emphasis added.) 740 ILCS 110/4(a)(3) (West 2018).

The court ruled that the father in this case was entitled to the limited information that is outlined in the statute but nothing more after petitioning the court for that access. The fact that the entire record was disclosed to the mother, or the child representative does not nullify the child’s objection to the same information to the father.

The father also sought records from the therapeutic day school where his child attended asserting that he was entitled to education records under the terms of the Allocation Judgment. The court recognized the ambiguity created by the records kept by a therapeutic school and reasoned as follows:
Section 5(f)(1) of the Student Records Act recognizes the patient-therapist privilege and keeps confidential information communicated in confidence to a psychologist or other psychotherapist, school social worker, school counselor or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist. This list of protected communications includes information communicated in confidence to a teacher of an academic subject at a therapeutic school. 105 ILCS 10/5(f)(2) (West 2020). “Construing the provisions of the Student Records Act and the Confidentiality Act harmoniously, we conclude that privileged records and communications under the Confidentiality Act do not include a minor’s grades, grade level, academic assessments, and similar information, even if that child attends a therapeutic day school. Consequently, a trial court cannot deny a parent access under section 4(a)(3) of the Confidentiality Act access to the non-privileged school records of a minor child who attends a therapeutic day school, even if that child, who is at least 12 but under 18 years of age, objects to the parents request to inspect and copy those records. Furthermore, the trial court may conduct an in-camera review to ensure that the child’s therapeutic school’s records do not contain any privileged information concerning the child’s mental health services beyond the limited information regarding the child’s current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, which the parent is entitled to receive. 740 ILCS 110/4(a)(3) (West 2018).

The Child and Family Law Center: Advocating for the Legal Rights of Children for over 25 years

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What does it take to win a Due Process Hearing?

A due process hearing is one of the mechanisms for resolving disputes regarding special education services between parents and school districts. Other less formal options such as mediation or a resolution session are available and typically occur before the parties go to a due process hearing. We make every effort to resolve disputes prior to going to a due process hearing. However, when it is not possible to resolve the issues a due process hearing may be necessary.

Parents often ask what it takes to win a due process hearing and this question is one that I have given a lot of thought to over the years. My answer is based on my experience litigating due process cases for over twenty-six years. Some of the answers may seem obvious while others may not. The following is a compilation of lessons learned as a parent’s attorney in these proceedings.

  1. The facts support the parent’s claim that their child was denied their rights under the Individuals with Disabilities Education Act (“IDEA”). There are many scenarios that meet this definition. Typically, the student has not received appropriate services, failed to make meaningful progress, or was not identified in a timely manner as a student with a disability. *
  2. The denial of these rights must rise to a denial of a free, appropriate, public education. Data supporting these arguments is a necessary element in a successful due process hearing.
  3. A well-organized parent who keeps good records is an asset in a hearing. Preparation from an attorney and collaboration with the family are essential.
  4. Documentation of the parental concerns to the school and evidence of the district’s failure to respond appropriately are often key elements in a hearing.
  5. The law supports the legal position that you are taking in the hearing. This is a complicated area of law that requires a knowledge of case law and prior decisions that provide guidance on the legal standards.
  6. Expert witnesses often determine whether a parent will prevail in a hearing.  Parent’s opinions are unlikely without some independent source, to persuade a hearing officer of their position. Choose experts carefully.
  7. The parent’s willingness to work with the school and to participate in the process even though there may an “agreement to disagree” on what is needed is a factor in hearing officer’s decisions.
  8. The ability to clearly articulate the relief you want from the hearing officer. Parents in conjunction with their legal counsel should be prepared to state very clearly what they want the school to do.
  9. At all times parents and legal counsel should behave in a professional manner.

Selected Resources:

http://wwwisbe.net/documents/parents-guide-special-ed-Aug.20pdf

If you are considering a due process action or simply want to discuss your child’s special education rights, please call our office at (312)-640-0500 and ask to speak to Micki Moran or email her at mmoran@grundlaw.com

Getting the Right Reading Intervention Shouldn’t Be So Hard

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It has been nearly 26 years since I started my practice with a focus on special education law and advocacy for children and adolescents. The practice is and was inspired and informed by my own son’s struggle with dyslexia. I was fortunate to have both the financial ability and resources to provide him with excellent research -based intervention. He learned to read using an Orton-Gillingham based approach. It was neither a fast nor easy solution. It worked. He is an avid reader and has a lifelong love of learning.

            After all this time the issue of reading intervention continues to be difficult for parents. Schools resist “labeling/identifying struggling readers as dyslexia. It is not uncommon for school systems to delay evaluations and interventions. Schools often do not utilize interventions that are researched based for students with specific learning disabilities relying on a patchwork of eclectic programs that depend on the skills or lack thereof a particular teacher and may even depend on what school a student attends in a district. This haphazard approach to something as basic as reading still surprises me. The science of reading intervention is not new. The Orton-Gillingham approach used 32 years that was implemented by my son’s reading teachers is hardly cutting edge and there is very little dispute that these interventions are needed and effective.

            Despite this fact, a common complaint from clients who seek our legal assistance has to do with the failure of their child’s school to agree to or even utilize research-based methodologies. Parents should push back when they are met with this resistance. Below, I have outlined a few tips for families who find themselves in this situation.

  1. Insist on an evaluation. If your school will not evaluate seek out a private comprehensive educational evaluation.
  2. Trust your gut. Parents often know there is a problem before the school does.
  3. Put every communication regarding your concerns to the school in writing.
  4. Track your child’s progress.
  5. Stay informed. [Resources to follow below]
  6. If the school takes a wait and see approach- agree on how long this period will last. Confirm that in writing.
  7. Agree on how progress or lack of progress will be monitored.
  8. Read with your child at home. The pandemic and school closures revealed deficits in reading that many parents were unaware of until their child was home and they saw the struggle first- hand.

Resources:

  • Dyslexia Handbook, Illinois State Board of Education, www.isbe.net

Co-Parenting in the Age of Coronavirus

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There is no road map that allows us to provide hard guidance on how to manage parenting during this difficult time. Families are in unfamiliar territory. However, there are some things that hopefully will help you navigate co-parenting.

  1. Follow existing court orders. Parents must follow existing court orders. This is scary advice for clients who may feel that the other parent is not practicing social distancing practices. Courts are not generally hearing these cases at the moment. In Illinois most courts are closed until mid-May with the exception of emergencies. Common sense would indicate that if one parent has been exposed to COVID-19 then act responsibly even though it may violate the parenting plan. If a child or other family is at high risk medically that may impact how parenting time is exercised, don’t be arbitrary and act responsibly. Your failure to act in good faith during this time will be used against you in the future.
  2. Modifications. If you do decide to modify the existing Parenting Plan, I suggest you get this modification in writing. This can be done with your attorney by drafting a stipulation amending the existing schedule and signed by both parties.
  3. Be Flexible. Many of us including attorneys are working remotely. Some families are now faced with the challenge of working while home schooling and dealing with children home all day every day.  If possible support the other parent during this time to allow you both the option of working and supporting the education of your children.
  4. Keep communication neutral. Resist the desire to lash out at your ex at this time. Stay focused on the kids and the logistics of what needs to be done.
  5. Prioritize the Financial Needs of your child. If one parent loses a job or becomes unable to work due to illness or temporary closures this will require a rethinking of support and payment obligations.
  6. Parental contact. In some situations in person contact may be limited. Use Skype, Zoom or Face Time to ensure regular contact with the other parent. It is important for your family.

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