Are you worried about your child's progress at school? If they have a disability or an issue that makes it hard for them to learn, they may be entitled to special education services. The Lento Law Firm can help your child receive the appropriate education they're legally entitled to. Call 888.535.3686 or contact the Education Law Team at the Lento Law Firm online.
What Is Special Education?
Special education is the process of educating students who, due to physical and/or cognitive difficulties, can't learn the same way as other students. Special education may be delivered through providing extra services, such as special schools, or by making small adjustments to the curriculum so that a student can cope with it.
Within special education, there are some key terms you should know about.
- Free appropriate public education (FAPE): The legal right of all disabled students to receive a suitable, free education based on making reasonable accommodations.
- Least restrictive environment (LRE): The principle of placing children with difficulties in the least restrictive environment, e.g., remaining in the classroom.
- Individualized Education Program (IEP): A program designed for your child that specifies their needs, learning outcomes, goals, and special service requirements.
Other important terms will be defined as they are referenced.
Special Education Laws in Illinois
The main law that applies to your child is the Individuals with Disabilities Education Act (IDEA). IDEA enshrines your child's right to an education and access to special services. Other key laws include:
- Americans with Disabilities Act (ADA)
- Illinois School Code (ISC)
- Section 504 of the Rehabilitation Act of 1973
Taken together, these laws protect your child from disability discrimination and ensure that they can access the services they need to get the same quality of education as their non-disabled peers.
Helpfully, the Illinois State Board of Education (ISBE) has prepared a handbook that sets out the specific rights your child has in more detail.
What Are “Reasonable” Accommodations?
Accommodations are changes to what a child learns or how a child learns so they can receive their rightful free education. Reasonableaccommodations are changes that are proportionate and cost-effective and don't unduly burden the wider school community or district.
Your school is not obliged to accommodate your child's needs in every possible way. They're only obliged to do what's reasonable and necessary to help your child achieve their learning outcomes. For example, if your child requires a book in another format, you might be offered an audiobook rather than a version that requires special equipment to use, and so on.
What's reasonable depends on your child's learning needs. Contact our Illinois Special Education Lawyers if you have concerns.
IEPs and Your Rights
As a parent, you have the privilege of shaping your child's education. In Illinois, you are required to attend IEP meetings to help determine what services your child needs and how these services should be delivered. You are a key member of your child's IEP team – other team members should include:
- Special education teacher
- The child's usual classroom teacher
- A representative from the Local Education Agency (LEA)
- Evaluation team member (if you're discussing a recent performance evaluation or screening)
Once your child reaches at least 14.5 years of age, they must be invited along to any IEP meeting. They are deemed mature enough, at this age, to know what support they require as they transition into further education. You can, however, request that your child be present at IEP meetings before this age.
You also have the right to regular IEP reviews, frequent updates on your child's progress, and clear descriptions of the services your child will receive. Our Education Law Team can ensure your child receives the quality IEP they're entitled to.
Eligibility Criteria for Special Education Services in Illinois
Only children with qualifying disabilities can access special education services in Illinois. To qualify, the disability must affect the child's academic, social, or emotional development to the extent that they can't learn in the same way as their peers. In other words, without special interventions, they can't access the free, suitable public education they're entitled to.
It's not enough for a child to simply be falling behind in core subjects such as math or English. Unless they have a specific learning difficulty or they qualify under IDEA, they are not entitled to special education as a free service.
- You must first request an evaluation to determine if your child needs special education.
- Within 14 school days, the district must respond to your request and either decline to evaluate your child or arrange the testing.
- Once you consent to the evaluation, the district has 60 school days to evaluate your child and schedule an IEP meeting.
- At the IEP meeting, the team should inform you if your child qualifies for special education and an IEP. Further meetings should be arranged to create the IEP and access the relevant support.
Qualifying disabilities under federal law include:
- Autism spectrum disorder
- Visual impairments
- Hearing impairments
- Developmental delays
- Emotional disabilities (if they can't be explained by means other than a health condition)
- Cognitive or intellectual impairments
- Physical impairments such as significant congenital diseases
- Other acute health problems that interfere with a child's day-to-day learning, e.g., diabetes, epilepsy, activity disorders
- Learning difficulties
- Speech or language impairments (not simply because the child is a non-native English speaker)
The Lento Law Firm attorneys can help you determine if your child is eligible for a special education evaluation in IL.
Special Education Services
Illinois offers a range of special education services and support tools to help children with physical and/or mental impairments. The types of services you may access include:
- Least restrictive classroom measures, e.g., preferential seating and extra study breaks.
- Assistive technologies, e.g., voice recognition, word prediction, virtual notetaking.
- Counseling and social work services.
- Physical support for participating in physical education and other sporting activities.
- Behavioral interventions for students with autism and related conditions, e.g., regular routines, positive reinforcement, pre-agreed silent cues, and instructions.
The goal of any service is to help children participate in the classroom, build their confidence, and ensure they don't feel limited or restricted due to their condition. IEPs should be reviewed frequently – at least once a year – to ensure they are still fit for purpose.
Special Education Schools
Where possible, the state of Illinois aims to keep children in mainstream schooling so they can form positive relationships with their peers. Feeling part of the wider community can make the transition to adulthood easier. However, some children may require special facilities to cater to their needs. As part of the state's FAPE obligations, IL has special schools and programs to help these youths.
For example, the Illinois Center for Autism (ICA) runs a day program for autistic young people aged between 3 and 21. The program helps those with autism and related cognitive or learning disorders learn at their own pace in a setting where they feel safe and supported.
Other special schools in IL include:
- Illinois School for the Deaf (ISD): The ISD offers services including speech-language therapy, communication development, counseling, and even occupational therapy for eligible students.
- Illinois School for the Visually Impaired (ISVI): Services include daily living skills, Braille, vision clinics, and a transitional learning program to help students prepare for independent adult life.
Special schools usually mean smaller class sizes, which gives teachers and support staff more time to dedicate to each student. However, a special school is not suitable for every student. It all depends on your child's unique needs.
Determining the Services Your Child Needs
What's clear is that Illinois provides numerous special education services for eligible students. The issue that many parents face is choosing the right services to support a child's short and long-term goals. Here are some considerations to bear in mind when you're determining what services may be helpful.
- If your child has the ability and maturity to make such decisions, then include them in their own IEP planning. This will improve their sense of independence and help them feel more in control of their learning.
- Consider the least restrictive measures first. You can always implement additional support measures if these are ineffective.
- Liaise with your IEP team. They can help you understand the services available, which ones might work best for your child, and how you can request these services.
- Every child has different learning preferences. Think about your child's personality and how they learn. You want your child to engage with the services and feel motivated to succeed. They'll work best if they're using services they enjoy and which give them confidence in their own abilities.
Our special education lawyers in Illinois can help you explore your options.
What Happens if a School Denies My Child's Eligibility?
Even if a school accepts that your child has difficulties, they may refuse to offer special education services. If you disagree with a school's evaluation of your child's needs, you can file a due process complaint and request a school hearing. At the hearing, you can explain:
- Why the school's decision was wrong; and
- What remedies are appropriate i.e., special education services.
If you have concerns about a school's compliance with legal requirements e.g., they've failed to implement an IEP, you can file a compliance complaint with the Illinois State Board of Education. Compliance complaints are more technical in nature than due process complaints – you should seek legal advice to ensure that your child's rights are protected.
What Happens if a School Refuses a Reasonable Accommodation?
As noted, schools can refuse a request for accommodations if they are deemed disproportionate or too costly. Schools are not obliged to always offer the “best” option, only a reasonable option. They should, however, justify their reasoning if they refuse an accommodation, and they should propose alternative, less onerous measures.
If you disagree with a school's decision, you can, as mentioned, file a due process complaint. While there's no guarantee that your complaint will be upheld, this is your opportunity to show why an accommodation is reasonable and proportionate. Remember, you play a key role in shaping your child's education. Don't be dissuaded from being your child's best advocate.
How Can Illinois Special Education Lawyers Help?
There are various reasons why you might consider retaining a special education attorney.
- Choosing the right special education services can seem overwhelming. Although you should work with your IEP team to select suitable services, a lawyer can ensure you understand the rights you have and how to be your child's best advocate.
- Schools may not fully understand their obligations to your child – special education laws are complex. An attorney understands the law and will ensure that your child's school applies it correctly.
- A school district might deny an accommodation request for an arbitrary reason. If there's any risk that a school discriminated against your child or treated them unfairly, an attorney can help you get justice.
- There may be delays in preparing and implementing a child's IEP. Attorneys can ensure that matters move along efficiently to prevent a child's education from stalling.
- As a parent, you have rights regarding your child's education. Hiring a special education lawyer means you will be informed and empowered regarding what steps to take.
Whether you're worried about a school's adherence to an IEP or how they have disciplined your child following an incident, an experienced special education lawyer can help.
Retain Illinois Special Education Lawyers | Lento Law Firm
Your child deserves a free, suitable education, no matter what type of disability they have. It's important that you understand what services are available – and how to access these services – so that your child can thrive and feel connected to the wider student community.
At the Lento Law Firm, we support families around the US as they learn more about special education services. We help children access the support they're entitled to under federal and state laws. And we want to help your family today. We work across Illinois to guide families attempting to navigate this complex area of law, and we are passionate about defending student rights.
No matter whether you have a toddler or a teen, our Illinois special education lawyers can help. To discuss how we might assist your child, call us at 888.535.3686 or leave the team a message online.
