Protecting the Rights of Autistic Students in Illinois

Illinois has a comprehensive set of laws and codes that regulate when and how autistic children receive special education benefits, which are mandated by both federal and state laws in Illinois. As the parent or guardian of a child with autism, you want to make sure that your child receives all of the benefits they're entitled to from their Illinois school. When there are problems with those benefits – whether related to qualifying, identifying, or receiving them – the Lento Law Firm Student Defense Team can help you protect your child's rights under the law. For answers to your questions about your legal rights when it comes to your child's special education benefits in Illinois, call us at 888.535.3686 or use our contact form to schedule a conference with one of our experienced student defense attorneys.

The Rights of Autistic Students in Illinois

Illinois specifically identifies autism as one of the “disabilities” that entitle a child to receive special education benefits required under both federal and Illinois state law. The State Board of Education defines autism spectrum disorder as a “developmental disability that affects an individual's ability to communicate” and “to engage in social interaction.” Illinois has a comprehensive set of policies and procedures that are designed to ensure that autistic students receive a “free appropriate public education” (FAPE), as that term is used in federal law. Illinois law is also meant to comply with the federal Disabilities Education Improvement Act (IDEA) as well as Illinois' own special education requirements.

Children who are believed to be autistic are entitled to a comprehensive evaluation designed to determine whether their condition interferes with their ability to learn to such an extent that they could benefit from special education services. Those services include:

• An Individualized Education Program (IEP), which is an education plan tailored to the individual student's particular needs
• Where appropriate, accommodations to the regular learning environment designed to help the student achieve the goals set for them in their IEP
• As they mature, transitioning services to help them move from the school setting to the workplace or to college

Parents play an extremely important role in helping educators identify and deliver the educational services that their autistic child needs. As a parent of an autistic child in Illinois, you have a right to be involved in the initial evaluation process, the creation of your child's IEP, and on an ongoing basis as the IEP is modified or updated based on your child's progress. When there are issues with your child's education, you can act as their advocate to make sure your child's school is providing all of the benefits that are reflected in your child's IEP or that are required under federal and Illinois law. The Lento Law Firm Student Defense Team can help you understand what rights you and your child have in the special education process and can advise and represent you when your child's school is not living up to its legal obligations.

Determining Whether a Child is Eligible for Benefits

Each local school district is required by Illinois law to have procedures in place for parents to request that their child be evaluated to determine whether the child is eligible for state special education benefits. The district has 14 days after receiving an evaluation request to “determine whether an evaluation is warranted.” If the district states that an evaluation is not warranted, it must notify the parents in writing; refusals to evaluate can be appealed.

Assuming the district agrees with the evaluation request, it will put together a team – including the parents – who will be responsible for administering the evaluation and interpreting the results. The team – which must include members with “knowledge and skills” in the areas of administering evaluations and interpreting results – will identify what types of assessments will be used to evaluate the child. Parents must be notified in advance of what assessments will be used, and if any types of assessments are not being performed, why they are not needed.

The evaluation must include assessments in all areas in which the child is suspected of having a disability, including their academic performance; general intelligence; their overall health; vision and hearing; social interactions; emotional state; communication abilities; motor abilities; functional performance; and any other areas that may specifically relate to the child.

Once the child has been assessed in the various areas identified by the evaluation team, the team will review the results of the assessments and use that information to determine whether the child is entitled to special education services. Parents will receive a written notification of the evaluation report and the decision whether their child is entitled to special education benefits, and can appeal the decision if they disagree.

Parents also have a right to ask the school district to conduct an independent educational evaluation at public expense if they disagree with the result of the evaluation conducted by the district. If the district disagrees with the parent's request, the matter may proceed to a “due process” hearing to determine whether the initial evaluation is sufficient or whether the parents' request for an independent evaluation at public expense should be granted.

If an independent evaluation takes place, the IEP Team is required to consider the results when determining what special education benefits the child should receive.

If you have questions about your rights when it comes to your autistic child's evaluation, the Lento Law Firm Student Defense Team can help. Our experienced student defense attorneys understand the laws and procedure that Illinois uses when responding to evaluation requests and determining whether students are eligible for special education services. We'll help you make sure your district follows those laws and procedures and respects your child's right to a free and appropriate public education.

The Individualized Education Program

Every student who is approved for special education benefits in Illinois receives those benefits based on that student's Individualized Education Program (IEP). The IEP has a number of functions, and will cover the following:

• The student's current academic and functional performance levels
• Annual goals, as well as any short-term objectives for the child's academic and functional performance
• How the child's progress will be measured, and to what extent standardized state tests will be used to help with that
• What types of special education services the child will receive
• The extent to which the child will participate in the general education curriculum of the school
• Any accommodations that will be made for the child in various areas (classroom, transportation, within the school grounds, for school functions and events)
• How the child's progress will be assessed, and whether the child will receive an accommodation when it comes to taking the assessments
• Assistive technology that the child or teaching staff will need

The IEP is created by an IEP Team that includes the child's parents, as well as:

• At least one “regular classroom” teacher
• At least one “special education” teacher
• Someone from the district who knows about the general education curriculum at the school and can take steps to implement the IEP at the school
• For meetings where the student's evaluation will be discussed, someone who can explain the evaluation to the IEP Team members
• Others who have specialized knowledge about the student, such as a physician or therapist, or who have knowledge about implementing IEPs, such as an attorney
• Where appropriate, the student

The IEP is a comprehensive document that forms the basis of the child's education during the coming year and provides a way for parents and educators to deliver the special education services that the child will need, and to measure the child's academic and social progress. It should be reviewed at least annually and will usually be revised each year to reflect changes in the child's current education and performance levels, to set new goals and benchmarks for the coming year, and to modify other aspects of the IEP as appropriate for that child's circumstances.

IEP Team meetings should be planned in advance, and parents should be notified far enough ahead of time so that they have a chance to attend in person. If parents can't be there in person, the school should take steps to include them by phone or video conference. If parents are unable to attend, the school should provide them with a written summary of the meeting so that the parents can continue to understand their child's IEP and any changes being made to it.

School personnel who interact with the student are supposed to be informed of the student's IEP and what their role is in making sure that the IEP is implemented as planned by the IEP Team. When that doesn't happen, or when the school fails to properly implement the IEP, parents can take action. In addition to meeting with school personnel, parents can file a complaint with an administrative law judge seeking a hearing to resolve the problem. In certain cases, parents may be able to file a lawsuit in court against the school for its failure to properly develop or implement their student's IEP.

If you are facing a situation where your child's IEP is inadequate, or their school is not following what the IEP calls for in any of the areas it addresses, contact the Lento Law Firm Student Defense Team for help. Our attorneys understand the special education laws and procedures in Illinois, and we are ready to advise and represent you and your child to make sure your child receives the special education benefits they're entitled to under the law.

Autism and the Least Restrictive Environment

Children with autism are entitled under Illinois and federal law to be educated in what is called the “least restrictive environment,” or LRE. This is often referred to as “mainstreaming.” The focus of the LRE requirement is to try to include the child in the general school environment as much as possible. This includes classroom settings but also extends to other areas such as recess, lunch, school transportation, extracurricular activities, athletics, and school events.

In some cases, children may have a class in the regular classroom with other students and then receive additional instruction in a separate setting, such as a resource room. In other cases, the student may need to use adaptive technology to help them learn in the general classroom setting. There may be situations where the general classroom setting isn't appropriate for the student, in which case the student's IEP will determine how the student will be taught.

Implementing the LRE requirement can be challenging for schools and for students. If your child's school has reacted to those challenges by relying on special classes for your child in cases where you believe your child should be in the regular classroom, or if the school is not allowing your child to participate in the regular school environment in terms of other areas of school life, contact the Lento Law Firm Student Defense Team. We'll help you review the situation and determine what steps to take to help your child receive the educational and social experience they are entitled to under the law and according to the terms of their IEP.

Disciplining Autistic Students

All students are disciplined at one point or another during their time in grade and high school, and most school disciplinary actions aren't serious. When, however, an autistic student or a student with another “disability” is seriously disciplined, it can have a detrimental effect on the student's educational and functional progress. Schools in Illinois are required to follow federal law when it comes to disciplining special education students, including those with autism, by removing the child from the child's usual school setting to any other setting. That means that any removal – whether it's to a special education class or a suspension – should be limited to no more than ten consecutive school days.

In cases where the school believes the student should be removed from the school placement set by the student's IEP to another setting for more than ten days, or permanently, the student's IEP Team (including parents) must meet to review the situation. The focus is to determine whether the student's misconduct was a result of the school's failure to properly implement the student's IEP, or whether the misconduct was caused by or related to the student's disability.

Where the misconduct can be attributed to the school's failure to implement the student's IEP, the school must immediately take steps to correct that failure. Where the misconduct relates to the student's disability, the IEP Team should determine whether a behavioral modification plan should be included as part of the IEP or, where one is already in place, whether the existing plan should be revised.

Once an autistic student has been removed from school for disciplinary reasons for ten consecutive school days, they are entitled to continue to receive certain educational services designed to help them meet their IEP goals during those periods when they are not in their regular school setting.

Regular school disciplinary procedures can also apply to autistic students and other students who are designated as students with disabilities. All schools have codes of conduct and procedures that they follow when a student is accused of misconduct. Depending on the severity of the accusation, the consequences may be minor. In other cases, however, they could result in your child being suspended from extracurricular activities or from school itself for a period of time of less than ten days.

The Lento Law Firm Student Defense Team has represented students all over the country, including in Illinois, who are facing allegations of serious misconduct at school. We've seen how busy school administrators often lack the time or training to fully investigate a misconduct claim, and in many cases, our own investigation has uncovered “the rest of the story” – information that makes a difference in how our student clients resolve the misconduct charged brought against them by their schools. We have also seen that schools don't always fairly or uniformly discipline students.

And given that autistic students are, unfortunately, frequently bullied or teased by other children, in cases where they face school discipline, there may often be another part of the story that the child isn't telling school officials or parents. Our goal when we are retained by the parents of a child facing serious disciplinary proceedings is to make sure that the rights of the child are respected throughout and that the proceedings are resolved as quickly as possible based on all of the available information.

We know the procedures that apply in serious school misconduct cases in Illinois, and we can advise you and represent your child every step of the way. Our experience allows us to suggest alternative forms of discipline that are appropriate to a given situation but will still allow the child to go to school and, in the case of a child who has an IEP, to follow their IEP. We can also help the IEP Team evaluate the IEP and determine whether the school has properly followed it. In situations where it hasn't been, and the student's misconduct directly relates to the school's failures, we will be an advocate for your student's rights and will hold the school accountable.

When the school refuses to properly take into account circumstances surrounding your child's autism when it removes them from school or otherwise revises their placement for disciplinary purposes, the Lento Law Firm Student Defense Team can help you negotiate the situation with the school and, where necessary, bring the matter to the attention of a due process hearing officer to have it resolved there.

The Lento Law Firm Student Defense Team Can Protect Your Autistic Student's Rights in Illinois

The Lento Law Firm Student Defense Team has years of experience helping students across the country protect their rights in a wide range of circumstances, including where their rights to receive a special education are threatened or ignored. We understand the special education laws and rules in Illinois, as well as the procedures that school districts are required to follow to evaluate students for special education services and to create an effective IEP to help autistic and other students with disabilities learn and grow. When your child isn't receiving the education they're entitled to under Illinois and federal law, contact us. We can help in a number of ways:

• We can review the proposed evaluation process to make sure it follows the law and that it takes into account your child's specific conditions
• If the school district's assessment is inadequate, we will help you secure an independent assessment at public expense
• Where the school refuses to allow the independent evaluation and seeks a due process hearing to confirm their initial assessment, our attorneys will represent you and your child before the administrative law judge
• If the IEP developed for your child doesn't meet their particular needs or the legal requirements for the IEP, we will bring your concerns to the school and, where necessary, take them to a due process hearing
• In cases where your child's school doesn't properly implement their IEP, we can raise the issue with the school and, again, bring them to an administrative law judge to be resolved
• Where the school doesn't make reasonable accommodations so that your child can benefit as much as possible from a regular school environment, we'll go to bat for you with the school and in a hearing if necessary
• We'll defend your child in any serious disciplinary situation, particularly where the outcome of the discipline involves making significant changes to the way they're educated

At the Lento Law Firm Student Defense Team, our attorneys understand the challenges that being a parent of an autistic school-age child can bring. You have to be an advocate for your child in many different settings, from getting them evaluated, to creating an IEP that will work best for them, to making sure the school actually follows the IEP you and the IEP Team have created, to dealing with disciplinary issues that may arise during the course of your student's education. Our experienced student defense attorneys can help you address these challenges and take on some of the burdens that you may feel from time to time.

To learn more about how the Lento Law Firm Student Defense Team can help you advocate for your autistic child's rights in Illinois, call us at 888.535.3686 or use our contact form to schedule a consultation with one of our experienced student defense attorneys. We know you worry about your child's future; let us help you protect it.