Students with disabilities in the US have recourse to two major federal laws which protect their rights. These are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). These acts form the foundation for disability rights and legislation in the US. They require American schools, colleges, and universities to provide additional support for students with disabilities, especially at the K-12 level, to enable them to have the same school experience as students without disabilities, as far as possible.
Depending on where the student lives, there may be other state or local laws governing disability and education rights. Parents and students should know about these, in addition to federal law.
Federal laws, however, only apply to public schools and universities. Private schools and colleges may have their own rules and guidelines protecting disability rights, but they are not required to follow federal law.
If you find that your student's educational institution is not upholding the law or failing to provide them with the support and accommodations they need to succeed, you should advocate for them. The Lento Law Firm and attorney-advisor Joseph Lento have years of experience working with school districts and institutions of higher education, advocating for students with disabilities and ensuring they are treated fairly.
Chicago Metropolitan Area
The Chicago metro area or the Chicago-Naperville-Elgin metro area encompasses the city of Chicago and its suburbs and is also known as Chicagoland. It is the third-largest metropolitan area in the US and has a population of 9,876,339. The area spans 14 counties in northeast Illinois, northwest Indiana, and southeast Wisconsin, including:
- Cook County
- DuPage County
- Kane County
- Lake County
- Will County
- Grundy County
- Kendal County
- McHenry County
- Porter County
- DeKalb County
- Kenosha County
- Jasper County
- Kankakee County
- LaSalle County
Some of the world's topmost research institutions, colleges, and universities are in the Chicago metro area, including the University of Chicago and Northwestern University, which are considered among the world's best universities. All these educational institutions, and K-12 schools, may have different rules, policies, and guidelines upholding the rights of students with disabilities. It is important for parents and students to know these federal, state, and local laws to be able to advocate for themselves.
Colleges and Universities in Chicago Metro Area
Chicago metro area has one of the most diverse and bustling economies in the world, and is home to the corporate headquarters of many large Fortune 500 companies, such as McDonald's, Boeing, United, and Blue Cross Blue Shield.
Additionally, the Chicago metro area also contains some of the world's best universities and colleges, such as the University of Illinois at Chicago, DePaul University, Loyola University, Chicago University, and more.
While community and state colleges are required to follow federal law, private institutions are not. However, they usually have their own policies and regulations which they follow, and often include provisions upholding the rights of students with disabilities.
This difference in approaches between K-12 schools and colleges is because students attending university are seen as adults able to advocate and speak up for themselves. Also, when a student turns 18, their parents are no longer expected to advocate for them.
Understanding FAPE, Reasonable Accommodations, and IEPs
Laws like ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, require schools to provide reasonable accommodations and support to students with disabilities and provide them with the resources they need to successfully complete their education. K-12 schools in particular, have comprehensive requirements they need to fulfill.
Some applicable considerations of these laws include:
- Free Appropriate Public Education (FAPE) spells out that everyone in the US, including children with disabilities, has a right to free and appropriate public education. FAPE applies to 'o each qualified person with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the person's disability' and is guaranteed by the Rehabilitation Act of 1973 and the IDEA.
- Individualized Education Programs (IEPs). Some students might require extra help and support in school, and IEPs are a way to offer them that support. An IEP is a plan put together by the school and parents (and sometimes even the student) to visualize the additional support and resources the student might need.
- Reasonable accommodations. The ADA requires public schools to provide reasonable accommodations to students with disabilities, to enable them access to the same level of education as those without disabilities. This can be in the form of adjustments, alterations, or additional resources provided by a school to a student with disabilities.
- A Least Restrictive Environment (LRE) requires school districts to provide a comfortable learning environment for students with disabilities, placing them in general classrooms and making them part of the school community as far as possible. This involves providing them with whatever reasonable accommodations they require, such as aid with reading, writing or listening, or other accommodations. LRE can mean different things for each student based on their disabilities on what is in their best interests.
IEPs, FAPE, reasonable accommodations, and LRE re supposed to work in conjunction to provide students with disabilities with the support they need to access education in the same way as other students.
Illinois Law
The state of Illinois has laws and policies ensuring students with disabilities get access to additional resources and support so they can continue their education unhindered. These policies are all in conjunction with the ADA, IDEA, and Section 504 of the Rehabilitation Act.
This can include classroom services such as a writing aide and outside services such as social groups, support services, counseling, and mentoring.
Illinois schools are required to provide students with appropriate academic adjustments, aids, and services that are necessary for students with disabilities to participate equally in school. However, schools are not required to make changes that would fundamentally alter a school program or create an undue burden.
If your student is eligible for support under the state criteria, they may have access to summer programs or additional coaching until the end of the school year when they turn 22. All costs will be borne by governmental agencies.
If you believe your child would benefit from these programs and services, you should contact your local district. You can even work with the experienced Education Law Team at the Lento Law Firm to ensure your school offers you these services, which your student has a right to, by law.
House Bill 0040
In July 2021, an amendment made to the Children with Disabilities Article of the School Code now allows students whose 22nd birthday occurs during the school year access to special education services through the end of the school year, instead of just until the day before their 22nd birthday. This law means that students with disabilities can now attend school until the end of the school year when they turn 22.
House Bill 3586
Another Illinois law, passed in 2019, addresses procedural requirements for special education in Illinois. Some provisions of this law include:
- IEP meetings All Illinois districts are now required to provide parents/guardians with copies of all written material that will be reviewed at the IEP meeting, including evaluations and data. This written material must be shared with parents at least three school days prior to an IEP meeting. IEP meetings must be planned well in advance, and parents' schedules must be considered and coordinated.
- Related service logs Parents or guardians may request service logs related to an IEP. Schools must notify parents of this right within 20 days of the beginning of the school year or upon the establishment of an IEP. Related service logs must be made available to parents on request.
- Compensatory services Parents or guardians may request compensatory services if their student's IEP services are not implemented within ten days of the data or frequency mentioned in the IEP. If IEP services aren't implemented in this time frame, schools must notify parents within three school days and also let them know that they can request compensatory services.
- Response to scientific, research-based intervention All Illinois districts are required to use the response to scientific, research-based interventions or multi-tiered systems (MTSS) of support as part of the special education evaluation process to determine if a student is eligible for services due to a specific learning disability. Parents or guardians must be involved in this process and must have access to this data.
Every Student Succeeds Act
The Every Student Succeeds Act (ESSA) was signed in December 2015 and is a federal law governing K-12 education. It requires state and local school districts to provide the resources required to ensure that all students are successful at school by providing summer school and after-school opportunities, flexible decision-making openness to local inputs, and more.
The law requires each state to create a plan to ensure all children receive a high-quality education that prepares them for college and careers. In Illinois, the Illinois State Board of Education (ISBE) evaluates every Illinois preK-8 school on eight indicators, which are:
- English-language arts academic growth
- Math academic growth
- English-language arts proficiency
- Math proficiency
- Science proficiency
- English learner progress to proficiency
- Chronic absenteeism
- Climate survey participation
These evaluations are used to assign every school a rating in one of four tiers, including exemplary school, commendable school, underperforming school, and lowest performing school.
For students with disabilities, ESSA ensures they have access to multi-tiered systems of support (MTSS) so they get the specialized support and services they need to succeed.
If your school district has not yet rolled out MTSS and you believe it would benefit your student, you can reach out to your school district to see if they can implement MTSS or other additional support. In some cases, an attorney-advisor or legal team like the Lento Law Firm may help you secure these services.
The Chicago Board of Education
The Chicago Board of Education was founded in 1840 and oversaw governance, organizational, and financial concerns for all Chicago Public Schools (CPS). CPS is the third largest school district in the US. It establishes policies, standards, goals, and initiatives to provide a high-quality, world-class education for all students, preparing them for professional and academic success.
The CPS has specific policies to ensure that students with special needs or disabilities are provided free public education in the least restrictive environment and in a way that provides them with an environment conducive to learning.
The District's Office of Diverse Learners Supports and Services (ODLSS) has established procedures and guidelines for providing special education to students with disabilities in a way that is compliant with IDEA. All District schools, including charter, contract, and option schools, are required to comply with the ODLSS IDEA procedural manual.
Naperville Law
Naperville District 203 provides free, appropriate public education to students with disabilities according to state and federal laws around disability and education. The disabilities that make a student eligible to receive special education services are outlined in the Illinois State Criteria.
Students with the following disabilities are eligible:
- autism
- visual impairment
- hearing impairment
- mental retardation
- orthopedic impairment
- emotional disturbance
- specific learning disability
- speech/language impairment
- traumatic brain injury
- developmental delay
- multiple disabilities
- deafness
- deaf-blindness.
Not all students with a disability may be eligible to receive special education services – the disability must adversely impact education progress and fulfill the conditions laid out in the Illinois State Criteria.
Protect Your Student's Right to an Education
All students have the right to free appropriate public education by law. As a resident of Chicago, you should know about federal laws protecting the rights of students with disabilities, as well as local Chicago and state laws. You should know if your child's school district is failing to support their needs, and you must have all the information you need to advocate for them.
Attorney-advisor Joseph D. Lento and the Student Defense Team at Lento Law Firm have years of experience serving students with disabilities. They can advocate for and protect your student's rights.
Call the Lento Law Firm at 888.535.3686 or contact us online for more information.
