October 25, 2021- Elizabeth deGruy Conference Welcome

Thank you to Dr. Elizabeth deGruy, IAASE President-Elect, for putting together a high-quality, remote conference for our members to continue their learning in the safest mode possible. Elizabeth shared a few words in her opening remarks that we felt were important to share with all of you. Thank you to Elizabeth, Norma, Lydia, and the Program Committee for your efforts in ensuring we had a successful conference. Please be sure to view the recordings of the sessions you missed. Recordings are available until December 10, 2021.

The 2021-2022 school year marks the 100th anniversary of the Council for Exceptional Children. Now recognized as the leading professional organization of educators who are dedicated to working with students with exceptionalities, CEC had humble beginnings.

Elizabeth Farrell began teaching at the Henry Street School in New York City in 1899. She taught the “ungraded” class - 19 students, ranging in age from eight to 16 years old. Farrell described her first class (and I know this is not language that we would use now) as, “Made up of the odds and ends of a large school. There were over-age children, so-called naughty children, and the dull and stupid children. They were taken from any and every school grade. They were the children who could not get along in school” (Farrell, 1908, p. 91-92). During her long career in special education, Farrell built programming across New York City Schools eventually becoming the director of the special education program for the city. She began a diagnostic clinic, founded a journal dedicated to special education research and practice, taught courses at universities, served as the first president of the Council for Exceptional Children, and was a founding member and early president of the National Education Association.

Farrell was an international leader in the special education community. Guiding the advocacy that she undertook on behalf of children were the following ideas:

• The belief that children have diverse talents, and that they have much to offer and learn from one another.
• The belief that we should have a preference of special classes over special schools. This was contrary to the prevailing model of service, which was in separate schools or institutions.
• The belief in being cautious with the overuse of intelligence test scores. This was a departure from the popular eugenics movements of the time.
• The belief that special class placement should be based on individual educational needs rather than IQ scores.
• The belief that the goal of special education should be to return the children to regular classes (not just to separate them from typical children).
• The belief that schools should exclude no child, as the competition for children’s minds was the street. Like other reformers, Farrell was concerned that students would be entrapped in the criminal justice system.
• And last, the belief that schools should be responsible for identifying special needs and providing appropriate services to students, not just classifying them.

Farrell led the way for our field with ideals that we still hold today. She taught students with disabilities 55 years before Brown told us that separate was not equal, 70 years before the PARC and Mills cases reminded us that, yes, that idea applied to students with disabilities as well, and 75 years before the passage of PL 94-142, the Individuals with Disabilities Education Act. We take up the valuable and rich history of this work.

Now especially, we need to remind ourselves that we come from a long line of dedicated educators who advocated for students with disabilities. These students are still here, and they still need strong, passionate educators to help them better their lives and be their champions. We still need to plant seeds that we may not harvest. Sometimes the stress and overwhelm of everyday life threaten to derail us from the purpose and inspiration that drew us to special education in the first place - particularly now. This has been a very difficult year and a half for everyone. I so hoped that we would be together, being able to stop talking about our struggles and reflect on the valuable lessons that we have learned at this point, but the struggles haven’t ended, and we’re continuing to have what my mother calls “character-building experiences.”

In my district, we have talked a lot about extending grace - to ourselves and others. My guess is that many of you have had these same conversations. To me, this means acknowledging that the system (and we as individuals) are overwhelmed and that we should be slow to judge and quick to support one another. We must continue to have expectations, and we must work together to meet them. We need to avoid comparing ourselves to some preconceived (and probably unrealistic) ideal; our students and staff need us as we are, and they are better every day for our efforts. Please remember that you are not alone and that you are valued - by your students, their families, your districts, and your colleagues in IAASE. I would encourage each of you to reach out to a colleague and remind that person or people that they are valuable to you. On behalf of all of those groups who benefit from your efforts, I thank you for bringing your passion and dedication to your work on behalf of students with disabilities every day!  -Dr. Elizabeth deGruy, IAASE President-Elect

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ASK an ATTORNEY

We are bringing this feature back: Ask an Attorney. This is your opportunity to ask our IAASE Attorneys any questions. They will provide monthly updates via the IAASE Blog. Click here to contribute to the IAASE ASK an ATTORNEY form. The first update will be in September.

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SEAPAC UPDATE

Over the last few years, the Special Education Association Political Action Committee (SEAPAC) has been struggling with membership and funding. In order for the work of SEAPAC to continue, it is imperative that we attain high membership each and every school year.

You may ask, "What does SEAPAC do for me?" Well, if you recall, we have had some pretty unreasonable bills that have been discussed in our legislative chambers. Our dollars support the work of our lobbyist, Shannon Bellini, to help legislators understand our perspectives and the impact of legislation on schools. SEAPAC plays an important role in educating, providing access, and representing the organization with members of the General Assembly. Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education. By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.

IAASE is an organization of over 1200 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!

To make becoming a member easier, we have subscribed to Givebutter. Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223. If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!



The cost is $20 annually but you are welcome to give more! Additionally, SEAPAC would be honored to accept any voluntary private contributions including funds that regions would normally donate for the conference raffle baskets.

IAASE is well-respected by our legislators and they have come to view the organization as the voice of special education. By supporting SEAPAC, the efforts of IAASE can be continued.

If you have any questions about SEAPAC, please reach out to Lea Anne Frost at lfrost@d64.org

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Have a great week and remember any day is a good day to get involved!

October 15, 2021 Mini-Grants

 Each fall the IAASE Innovative Practices Committee sends out the criteria to apply for an IAASE Innovative Practices Mini-Grant. Watch for an announcement coming out soon for the FY22 grant program. In the meantime, check out a few of the summaries of projects from the recipients of the FY21 Mini-Grant program:

CEC Club: Growing Expertise from Within

East Moline School District #37

Jaylee Swanson, Director of Special Education  jswanson@emsd37.org

Council for Exceptional Children memberships were purchased for staff who wanted to participate in a collaborate learning opportunity.  Meetings were held monthly and utilized CEC resources and readings to conduct research and plan a presentation or share out for our district staff.  Club members worked in teams to research specific topics and then shared what they had learned.  Presentations and topics included parental involvement in the IEP process, transition from early childhood to Kindergarten, dyslexia instruction, and supporting students with emotional disabilities in the general education setting.  Participants showed a renewed interest in special education topics, learned how to read and apply research, and became well versed in the ability to communicate and share out information with staff members.

 

Rocketbook Reorganization and Resilient Pedagogy

Harrisburg Unit #3 School District: West Side Primary

Amanda Davidson, Special Education Teacher  adavidson@harrisburg3.org

Through the purchase of Rocketbooks and supplemental resources, this project was intended to aid in bridging the gap between remote and in-person learning, especially targeting the organization of student data. Due to Covid production issues, the Rocketbooks did not arrive until after the projected timeline.  Plans for implementation for the 2021-2022 school year include using the Rocketbooks for midterm and end of quarter checks in Kindergarten, using the Rocketbook pages to upload art projects and to share notes between team members. It will also would provide a new innovative way to meet the writing needs in early elementary while providing a digital component.  

ASK an ATTORNEY

We are bringing this feature back:  Ask an Attorney. This is your opportunity to ask our IAASE Attorneys any questions.  They will provide monthly updates via the IAASE Blog. Click here to contribute to the IAASE ASK an ATTORNEY form. The first update will be in September. 

SEAPAC UPDATE

You may ask, "What does SEAPAC do for me?" Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education.  By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.

Our dollars support the work of our lobbyist, Shannon Bellini, to help legislators understand our perspectives and the impact of legislation on schools. SEAPAC plays an important role in educating, providing access, and representing the organization with members of the General Assembly.   IAASE is an organization of over 1100 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!

To make becoming a member easier, we have subscribed to Givebutter.  Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223.  If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!

 The cost is $20 annually but you are welcome to give more! Additionally, SEAPAC would be honored to accept any voluntary private contributions including funds that regions would normally donate for the conference raffle baskets.

If you have any questions about SEAPAC, please reach out to Lea Anne Frost at lfrost@d64.org

October 5, 2021 HLERK IAASE Blog Post HB 2748 Transition Services

NEW TRANSITION LAWS – EXTENDING SERVICES FOR SPECIAL EDUCATION STUDENTSHodges
Loizzi Eisenhammer Rodick & Kohn LLP
Jennifer Rosenberg & Aimee LeBlanc
October 2021

In July, Governor Pritzker signed House Bill 40 into law as Public Act 102-0172 and House Bill 2748 into law as Public Act 102-0173. The two bills, both effective immediately, extend access to transition services for eligible students based on when they turned 22 years old. Previously, transition services for eligible students went through age 21, ending the day before the student’s 22nd birthday, regardless of when that date fell during the school year. ISBE issued an FAQ document addressing both laws, which is available here. 

In this blog post, we focus on understanding the implications of P.A. 102-0173 (HB 2748), “COVID-19 recovery eligibility” for post-secondary transition students. Under new Section 14-17 of the School Code (105 ILCS 5/14-17), access to educational services is extended for certain students who turned 22 years old during periods of suspended in-person instruction due to the COVID-19 pandemic for the duration of the 2021-2022 school year. 

One of the most frequently asked questions over the past several months has been, “How do I know which students are eligible for extended services past their 22nd birthday due to COVID-19?”

Under P.A. 102-0173, students with IEPs are eligible for extended services if the student reached “the age of 22 during the time in which the student’s in-person instruction, services, or activities are suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic.” 105 ILCS 5/14-17(a). Per the ISBE FAQ, it applies to students regardless of whether they aged out or received a diploma or certificate of completion, or already received compensatory services. 

Understanding Eligibility and Scope of Services: Jamie turned 22 years old on November 5, 2020. His school district offered hybrid instruction at that time during the 2020-2021 school year due to the COVID-19 pandemic. Jamie attended his transition program and received vocational services in-person three days per week, which fulfilled the minutes in his IEP, but he received related services, including 15 minutes per week of social work and 30 minutes per week of speech-language therapy, via a remote platform. This hybrid instructional program began in September 2020 and was in place until April of 2021, when all students in Jamie’s program transitioned back to full in-person instruction. Jamie stopped receiving services on November 4, 2020, the day before his 22nd birthday. 

Here, the school district’s in-person instruction and services were suspended for more than three consecutive months during the regular school year, and Jamie’s 22nd birthday was during that period. But, the school district offered hybrid instruction and Jamie received some services in person. How does that impact his eligibility for extended transition services? 

The ISBE FAQ states that if a school district can identify any component of a student’s in-person, IEP-based activities (including instruction and services) that were not provided in-person for a consecutive three-month period or more, then the student is eligible for extended services. The Act does not contemplate if services were provided through remote or hybrid means; thus, if a school district did not provide a service in-person, then the student is eligible for extended services for the 2021-2022 school year. But, if the school district offered services in-person and in accordance with the student’s IEP, and the parent/guardian or student-elected remote or hybrid learning in place of available in-person services, then the school district is not required to extend eligibility for that student. 

In addition, the IEP goals in effect when the student turned 22 years old shall be resumed unless the school district and student and/or parent/guardian agree that the goals should be revised to appropriately meet the student’s current transition needs. An IEP meeting is not required unless the goals require revision. Additionally, special education services during the 2021-2022 school year should be comparable to services described on the most recent IEP developed for in-person services, unless the school district and student and/or parent/guardian agree upon different IEP goals that would impact services.

Therefore, Jamie is eligible to resume services for the 2021-2022 school year because in-person services were partially suspended for a period of three months or more during the 2020-2021 school year due to COVID-19, he turned 22 years old during that period, and he did not receive all of his IEP services via in-person instruction. Although Jamie received the majority of his services in-person, with only 45 minutes of service provided remotely, he is eligible to receive all services per his 2020-2021 IEP through the end of the 2021-2022 school year. If the goals or services in that IEP are no longer appropriate, the school district and family should meet to revise Jamie’s IEP.

Individualized Eligibility: Josh turned 22 years old on April 5, 2020, just after the March 2020 closure of all schools in Illinois due to the COVID-19 pandemic. Josh’s school district ended the school year on May 29, 2020. Josh received all IEP services from March 16 through April 4, 2020, via a remote platform. Between the time of the mandatory school closure, and the end of the school year, there were only two and a half months of school. Is Josh eligible for extended transition services?

The ISBE FAQ clarifies that “3 months or more during the school year” means three consecutive calendar months. The school year is the regular school term specified in the regular school calendar adopted by the school district. It does not include summer school or the ESY period. Act of God days (e.g., days by the Governor’s Executive Order at the onset of the pandemic) count for determining the three-month period. In its updated FAQ, ISBE states that “[i]n circumstances where there were not three consecutive months of suspension of in-person instruction, services, or activities, but the cumulative suspension of in-person instruction in a regular school term far exceeded three months, districts should make an individual determination as to the impact on the student’s ability to progress toward his/her IEP goals and the need to offer the student the opportunity to return for the 2021-22 school year.”

Based on the statutory language in new Section 14-17, Josh is not eligible for extended services because he turned 22 years old during a period of fewer than three months of suspended in-person instruction. However, based on the revised ISBE FAQ, it would be at the school district’s discretion to determine, on an individualized basis, whether there was an impact on Josh’s attainment of his IEP goals in April 2020, such that he should be offered services during the 2021-2022 school year. 

Students in Private Therapeutic Placements: Beth turned 22 years old on January 1, 2021. Prior to her 22nd birthday, Beth attended a private therapeutic day school in Illinois during the 2020-2021 school year pursuant to her IEP. Due to the COVID-19 pandemic, some of Beth’s services during the fall of 2020 were suspended or were provided remotely for three months. Beth left the private therapeutic program after she turned 22 years old. Everyone agrees that Beth is eligible for extended services during the 2021-2022 school year. However, the private therapeutic day school does not have an opening in its program, as it achieved full enrollment prior to the beginning of the 2021-2022 school year. What should the school district do to provide Beth services?

For students who turned 22 years old while placed in private therapeutic day schools or residential facilities, “the school district is not required to resume that program for the student if the student has aged out of the program or the funding for supporting the student's placement in the facility is no longer available.” 105 ILCS 5/14-17(d). ISBE directs that the school district and student and/or parent/guardian meet to determine options for alternative services to meet the student’s IEP goals.

Here, the school district needs to make an effort to find a placement to meet Beth’s needs. Where the school  district is unsuccessful, it should hold a meeting with Beth and/or her parent/guardian to determine whether there are other options to meet Beth’s needs, such as an in-district program, the provision of related services, or any other options. School districts should document attempts to secure placements, as well as communications with families. It is possible that students with significant needs may not be able to access extended services where programs are not available to meet those needs.

Residency Status: Sara turned 22 years old on December 8, 2020. Although her school district was fully remote for general education students from September 2020 through February 2021, Sara received two days of in-person instruction during that period. However, the majority of her services were provided remotely. The school district determined Sara is eligible for extended services during the 2021-2022 school year and mailed a notice in August 2021 to Sara and her parent/guardian at their last known address to inform them of Sara’s eligibility. The letter was returned as undeliverable. The school district later determined that Sara’s family moved out of the district’s attendance area after she turned 22 years old. Sara now resides in another county in Illinois, where she is currently receiving adult services through the State.

School districts were required to send notice of the availability of extended services to each eligible student by regular mail to the last known address of the student or the student’s parent/guardian within 30 days of the effective date of the Act, by August 27, 2021. Notices should be written in a language understandable to the general public and provided in the native language of the student and/or parent/guardian or other modes of communication used by the student and/or parent/guardian, unless not feasible. School districts should keep copies of the notice and a record of the date when it was sent. 

Extended services do not apply if the student is no longer a resident of the school district that was responsible for the student’s IEP at the time the student turned 22 years old. 105 ILCS 5/14-17(b). 

Here, the school district met its duty to notify Sara and her parent/guardian of Sara’s eligibility.  However, Sara is not eligible to receive extended services during the 2021-2022 school year because she is no longer a resident of the school district. Sara is only eligible to receive extended services in the school district in which she was previously enrolled. Because she is no longer a resident of that school district, she is not eligible to receive extended services from that district, and she is not eligible to receive services from the school district within which she currently resides. 

Also important to note is that ISBE encourages both school districts and parents/guardians or students to contact the local Illinois Department of Human Services Division of Rehabilitation Services (“DRS”) office, or other applicable State agency, to discuss how a return to school under this Act may impact any adult services or benefits the student is currently receiving, for students who have already transitioned to adult services or are on waitlists for adult services.