IAASE News and Information

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.

Sept. 21 2021 IAASE Update ASK AN ATTORNEY

ASK AN ATTORNEY
Franczek P.C.: Dana Fattore Crumley & Kendra Yoch

NEVER HAVE I EVER - WHEN IS RESIDENTIAL PLACEMENT REQUIRED?

Our question this month is from a special education administrator who writes “My district has never placed a student in a residential setting. When is residential placement required?”

Under the IDEA, residential placement is driven by FAPE—a residential placement is required when a student needs 24/7 support to receive a free appropriate public education. In practice, residential placements and requests for them are more typical in high school districts and among students with low-incidence disabilities.

The three cases below illustrate some frequently encountered conditions that lead to a discussion of residential placement:

· Henry is an eighth-grade special education student with an eligibility category of autism. He is non-verbal and struggles with behavior. He is currently placed in a therapeutic day program, where his behavioral incidents are escalating to the point that he must be attended by two aides at all times; even with this support, he cannot attend to instruction. At home, he struggles with sleep and requires constant observation to prevent elopement and other dangerous behaviors.

· Billy is a junior special education student with an eligibility category of SLD. Billy receives resource services and social work. He has had good attendance throughout his high school career up until recently when he was benched by the football coach due to insubordinate conduct at practice. Billy is now refusing to attend school and according to the parent report, will not stop playing video games or leave the basement of his home.

· Sally is a sophomore general education student. She has earned average to above-average grades throughout her public school experience, and her standardized test scores range from the 70th-90th percentile. It’s just the first month of the school year, though, and Sally has been hospitalized three times for suicidal ideation. Parents have reported that Sally’s physician is recommending long-term psychiatric care.

Do any of these students need a residential placement?

Unfortunately, the correct answer for each case is your attorney’s favorite response -- “it depends.” Like all placement determinations, the balance between FAPE and LRE is of primary importance in the IEP team’s process. And the placement determination can’t be made in isolation of other critical parts of a student’s IEP--behavioral intervention plans, educational accommodations, related services, and parent training/support.

Here are some key questions teams should be considering when residential placement is on the table:

· Is the student making meaningful progress toward IEP goals in the current setting? For Henry, the answer is no. His behavior at school and at home has become a barrier to his educational progress. While the team could consider additional supports such as an updated FBA/BIP, if Henry does not show improvement, residential placement is likely necessary.

· Are there other accommodations/services supports that would help the student meet their goals? Billy’s team should consider whether additional supports in his current setting would provide the assistance needed to reengage with school and make progress. These interventions must be documented and the efficacy of the interventions should be monitored. If school attendance continues to be an issue, Billy’s IEP team should be prepared to reconvene and consider additional supports, including changes in placement.

· Do we have sufficient information about the student to provide them with programming that meets their needs and complies with the District’s obligations under IDEA and Section 504? Sally has not been eligible for special education in the past, and her academic progress is solid. Her pattern of hospitalizations, however, raises a child find issue, and Sally should be referred for a case study evaluation, even if she is placed in the hospital through her parents’ medical insurance. While educational progress does impact eligibility, teams should not rely solely upon this factor to refuse a case study evaluation or deny services for students with significant mental health needs.

Finally, a thought for the administrators who have “never” placed a student residentially: while in most cases a student’s needs will be addressed with less restrictive interventions, avoiding any mention of residential placement during an IEP meeting for a student with acute needs is not a viable option, as it does not comply with the requirements of the IDEA. Teams must consider all placements under the continuum to meet a student’s individual needs.

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Do you have a question for our attorneys? 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.

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 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.

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

September 14, 2021 Mini Grants

Check out a few of the projects from the Mini Grant submissions.

Creating an adapted environment to promote daily living and vocational skills for students transitioning from school based services to a post-secondary environment

Southwest Cook County Cooperative Association for Special Education

Sayard Bass, Assistant Technology Coordinator sbass@swccase.org

This project was designed to promote daily living skills for transitioning from school based services to a post-secondary environment by leveraging 3-D printing technology and other low tech assistive technologies to provide more resources to staff and students and expand Assistive Technology Consideration for Transition. This projected allowed for the creation of a library of tangible items for use in the environment at the transition center as well as the creation of a database of files accessible to create new items or print items for individual use. This group effort between classroom teachers, OT, AT, and Vocational teachers resulted in items that have been made available for individual OT sessions with students and borrowed from the center for use in home therapy treatment. Items were distributed to classroom teachers who wanted to “try out an item” for student use.

Adapted Physical Education Assessment Scale (APEAS) and Assistive Tech Equipment (Digital Visual Timers and Arm Ergometers)

Southwest Cook County for Special Education

Dave Markusic, APE Teacher dmarkusic@swccase.org

The APEAS II assessment was administered to the cooperative’s students and member district students who have been referred for evaluations for adapted physical education services or were scheduled for their triennial re-evaluations. SWCCCASE APE teachers administered the APEAS to students attended in-person learning. The experiences of team members using the APEAS were extremely positive. Team members identified the APEAS as “much better than other assessment tools” and was an effective tool for assessment of student eligibility, evaluation, baseline data and placement. Results from the assessment were used to create more appropriate IEP goals, collect baseline data in the IEP, communicate with parents and team members and assist in the determination of the most appropriate setting in which to receive PE services.

Engagement though Pear Deck in the Concurrent Classroom

Oswego Community School District 308

Raggin Sondgeroth, Special Education Teacher rsondgeroth@sd308.org

Through the purchase of Pear Deck which allowed teachers to add interactive components to their virtual classrooms, this project was designed to increase engagement, collect formative data and monitor student interaction. Teachers in concurrent classrooms (students attending class in person and others attending virtually) needed additional supports and resources to engage all of their students. Pear Deck allowed our teachers to quickly add interactive components to their instruction through Google slides. Easy to access templates allowed for teachers to have students either interact with the content in real time or complete self-paced modules. The teachers monitored students’ feedback in the teacher dashboard and prompted students to complete the interactive tasks. They were able to see in real-time who had mastered the concept and needed additional support so they could adjust their instruction accordingly. Instructional coaches provided training to teachers and paraprofessionals using content from upcoming lessons through coaching, planning, and modeling sessions.

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.

Sept. 7, 2021 Welcome Back

Welcome to the 2021-2022 school year. We hope that your year has started strong and that you are finding a good balance between work and play.

The IAASE Newsletter and Publications Committee invites all members to participate in our weekly communication updates. We send this communication via our blog. If you do not subscribe to the blog, we encourage you to do so. Click here to subscribe to the blog. Additionally, if you are interested in sharing your expertise with our members, please email Tarin Kendrick or Nicole Maxwell. We welcome the opportunity to have our members blog.

IAASE Board Meetings

Mark your calendars for the IAASE board meetings. Attending board meetings is an excellent way for you to get involved and stay informed. All IAASE Members are welcome to attend.

IAASE Board Meeting Schedule for FY22 Meetings are scheduled from 10:00 a.m. – 2:30 p.m. unless otherwise noted.

October 20, 2021 IAASE Executive Board Meeting

December 2, 2021 IAASE Executive Board Meeting, IASA Office

February 23, 2022 IAASE Executive Board Meeting, Crowne Plaza, Springfield

April 27, 2022 IAASE Executive Board Meeting, IASA Office, Springfield

ASK an ATTORNEY

SEAPAC UPDATE

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!

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

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

June 8, 2021 Spring Legislative Session Recap

Spring Legislative Session Recap

By: Judy Hackett & Melissa Taylor, Legislative Co-Chairs

The legislative session has ended and it has been nothing short of a roller coaster. The number of bills introduced that impacted education, and special education specifically, felt overwhelming at times. Our favorite analogy came from Dr. Brent Clark, Executive Director of IASA as he described the frenzy of bills as a swarm of bees. We did everything we could to swipe them away, but some got through and we got stung repeatedly.

There are several bills that passed both chambers and are currently awaiting the Governor’s signature that we would like to draw your attention to. This is not an exhaustive list of all the education bills that passed but highlights those with specific implications for special education administrators. Understandably for several of these bills, our IAASE members have many questions and need for further clarification. ISBE and our school attorneys will provide more detailed information in the coming days and will provide updates as we receive them.

HB0040 - Allows students who turn 22 to finish the remainder of the school year as opposed to the current practice of aging out on the day before their 22nd birthday.

HB0041 - Requires that, prior to making an out-of-state residential placement, school districts must refer to a comparable in-state placement, if available.

HB0219 - Reforms the use of time out and physical restraint.

HB0290 - Requires the state to provide a parents guide to PUNS and for schools to distribute it at each annual review.

HB2748 - Provides that if a student with an IEP turns 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, the student is eligible for services up to the end of the regular 2021-2022 school year, unless the student is no longer a resident of that school district.

HB3950 - Secures that students with disabilities have access to the district’s CTE programs as part of transition programming and requires community colleges to develop dual credit courses for students with disabilities.

SB0517 -The amended version of this bill now requires the creation of a Senate commission to review the current funding system, consider other state structures and make recommended changes to Illinois’s special education funding formulas by November 30, 2021, to ensure placement neutral funding and address high-cost needs in line with the principles of EBF.

SB0654 - Requires daily playtime for students in grades K-5. Defines playtime and requires that, for students with disabilities, it complies with the IEP.

We would like to thank our legislative committee for their service and offer our sincere thanks to those of you who answered our calls by filing witness slips and contacting your legislators. A very special thanks to those members who reside in Senate District 46 who really supported our efforts to amend HB2748 by making calls and personal contacts. Finally, we are truly appreciative of the tireless and tenacious efforts of Shannon Miller Bellini during this frenzied session. While there are some “stings” in the list of bills above, there were many “bees” that did not get through; often due to Shannon’s hustle, collaboration, and creative problem-solving. In the political process, communication, advocacy, and relationships play a pivotal role and the contributions of our legislative committee and IAASE membership have made a positive impact in this legislative session.

June 1st - IAASE Blog: In depth look at the Federal Committee

The Federal Committee is currently composed of 12 members and is tasked with “monitoring

federal legislation, identifying and informing the membership of current national laws and

issues.” The committee is to study and make recommendations of actions to be taken on behalf

of IAASE and individual members.

One of the best ways of getting our voices heard at the federal level is to participate in the

Special Education Legislative Summit (SELS). I had the honor of going to Washington, DC for

SELS 2019 as part of Team Illinois. The conference was an amazing opportunity to make a

difference for children with special needs, to have personal conversations with legislators and

staffers, and to build relationships with like minded educators from around the country. In 2019,

Team Illinois met with a member of Congress from every district in Illinois to ask for full funding

for IDEA. We were able to share personal stories with those in charge to see how the shortage

of funding impacts our students who need the most services. Many legislators signed on to the

full funding bill as sponsors as a result of our efforts. We also left our contact information and

offered to be resources for legislators if ever they needed to hear from the field.

Due to the pandemic, SELS 2020 looked different and was adapted. It was not as glamorous as

Team Illinois lobbied from our home offices by phone or computer. However the passion for

helping students with disabilities continued. Just as it was in person, we joined together to be

briefed on the issues facing special education across the country. We contacted our legislators

and had those personal conversations in spite of the travel restrictions.

Although the conference will again be virtual, I will return to have my voice heard. I encourage

all members to participate. You may be worried that you are not as knowledgeable on

legislative matters as you think would be needed to participate. This is simply not the case.

CEC/CASE will provide the background knowledge that you need and prepare you for those

conversations. Team Illinois will provide all the scaffolding that you need to feel confident in

your lobbying efforts. No one will go alone and experienced members will virtually accompany

those who are new to the process. IAASE members bring the most important knowledge to

SELS and it isn’t political. Our membership is passionate about doing what is right for children

with disabilities. We have lived experiences to share and we are ready to educate those in

power who can help our students.

In closing, I would like to encourage all members to sign up to participate in SELS. We need

representation from every part of the state. Please join me at SELS 2021 to have our voices

heard.

You may register for free at:

https://exceptionalchildren.org/sels

May 25, 2021 IAASE blog -Potpourri

Ask an Attorney: POTPOURRI
Franczek P.C.: Dana Fattore Crumley & Kendra Yoch

This week we are tackling three great questions! Please continue to send your questions and topic ideas.

For related service logs, should both direct and consult minutes be included?

The School Code requires “logs that record the delivery of related services administered under the child’s individualized education program and the minutes of each type of related service that has been administered.” You could read “delivery” narrowly to mean delivery of direct services to the student. But you could also read it more broadly to include all related services administered under the student’s IEP, direct and consult. As lawyers, we appreciate that recording time can be bothersome; also as lawyers, we recognize the importance of documentation. If a parent challenges whether a related service provider was actually providing the required consult minutes, having them recorded on the log is a great way to demonstrate that they happened.

When a student is in a self-contained classroom that has classroom paras, do we put individualized minutes on the IEP to indicate that? Or just if the student needs 1:1 assistance?

How to document aide support is a question that stirs up great debate. We generally see it written in the supplemental aids, accommodations, and modifications section or as a related service. Sometimes it is also mentioned within present levels, goals, a behavior intervention plan, or the notes. Neither IDEA nor Section 14 of the School Code mandate how aide support should be documented. (Aides are not listed on the non-exhaustive list of related services in IDEA but can be considered a supportive service to assist a child with a disability to benefit from special education.) So neither of the options is necessarily right or wrong – as long as the support is clearly documented. Based on the IEP, staff and parents need to be able to understand what the aide support will look like – and if the student moves to a new district, a new team should be able to determine what adult support the student needs. Is it a classroom aide, a shared aide, or an individual aide? What support does the aide provide? What parts of the day is the aide needed? In the situation in the question, if the student needs to receive specialized instruction in a self-contained classroom that has class paraprofessionals, that information should be explained somewhere in the IEP – we see this more frequently in the supplemental aids, accommodations, and modifications section than in the related services section. If the student also needs 1:1 assistance, that should be clearly documented as well.

Follow up to our last post about graduation requirements: What if the reason the student is not completing graduation requirements is truancy?

In special education, of course, all decisions are individualized. But generally, no, truancy would not warrant waiving graduation requirements so that a student can graduate. When considering a modification of the graduation requirements, the IEP team should consider whether the proposed change is due to the student’s disability and necessary for the student to receive a free and appropriate public education and have equal access to the programs and benefits of the school. If the student’s lack of attendance is related to their disability, the IEP team should convene an IEP meeting to address the issue. Additional assessments, accommodations, modifications, services, or a different placement may facilitate the student’s consistent attendance and credit accumulation. If the student reengages, credit recovery, schedule changes, and/or an additional year in high school may allow the student to earn the required credits for a diploma. But graduating a student who has not attended enough to complete the required courses may be a denial of FAPE as the accommodation is not supporting the student in accessing the general education curriculum but instead skipping it. Considering this, Districts do not need to graduate a truant student, but should be meeting with the student and parents to determine if the reason for the truancy should be addressed through alternative or additional special education services.

ASK an ATTORNEY

Do you have a question you want answered? . Click here for the IAASE ASK an ATTORNEY form.

May 18th IAASE Update

DO YOU HAVE SOMETHING TO CONTRIBUTE?

If you are interested in contributing to the IAASE Blog, PLEASE reach out. We want to hear from YOU! We can accommodate a one-time entry, a monthly entry, etc. We are excited to work with you. Please reach out to Tarin Kendrick at tkendrick@ntdse.org or Nicole Maxwell at nicole.maxwell@d428.org.

WHAT DOES AN IAASE BOARD MEMBER DO?

Welcome to a small segment where we will highlight and share about our committees and board members.

Federal Committee Co-Chairs: Dr. Sarah Epplin and Megan Clarke

A main focus of this committee is the participation in the Special Education Legislative Summit process. Other responsibilities (as noted on the website) include:

Identify, research and report to the Executive Board and on national and federal issues, law and pending legislation that are current in importance to the education of students and implementation by IAASE membership.
Monitor activities of the Department of Education and other federal or national departments, agencies, or organizations that have a role in the development of legislation, regulation, and policy statements which directly or indirectly impact programs and services for individuals with disabilities.
Develop documents, position papers and testimony for public hearings or federal proceedings whereby the interests and the position of IAASE can be made known.
Prepare information and materials which can be disseminated to the membership via varied methods including, the IAASE newsletter, website, and Executive Board documents.

SEAPAC UPDATE

Hey, if you haven’t joined yet, now is the time to join SEAPAC! This has been a busy spring session and your support is critical!

Thank you to our SEAPAC Committee for making it easier to become a member. It is a $20 donation (minimum), and your contribution helps our legislative efforts. You can access a NEW feature and sign-up for SEAPAC online through Givebutter! Please consider signing up through this link. You can also text SEAPAC to (202) 858-1233 to get the link delivered directly to your phone. You will be able to pay with Venmo, Paypal, or via credit/debit card.

Thank you to our current members and those that have recently joined.

ASK an ATTORNEY

Please continue to send us your questions. We look forward to answering.

May 11, 2021 - Graduation Requirements- Ask an Attorney

ASK AN ATTORNEY: Can a student with a disability who cannot meet graduation requirements still receive a diploma if they meet the academic requirements listed on the IEP? What are the pros and cons of a diploma versus a certificate of completion?

Franczek P.C.: Dana Fattore Crumley & Kendra Yoch

May starts the season for graduation and the short answer to this question is yes, a student with a disability is eligible to receive a diploma, even when unable to meet all graduation requirements if the alternate course requirements listed on the IEP are met. The Illinois School Code and ISBE regulations provide that the State-mandated graduation requirements are not applicable to students with disabilities if the IEP team has determined a different course of study. Additionally, the Office for Civil Rights has explained that neither Title II of the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act prohibits districts from modifying graduation requirements consistent with a student’s IEP. So yes, when the IEP team determines a modification is needed to provide FAPE, a student with a disability who cannot meet district or State graduation requirements can still receive a diploma.

But while individualization of graduation requirements may be essential for students whose disabilities prevent them from completing required coursework, extensive or regular modifications to allow students with disabilities to graduate may constitute discrimination if students with disabilities are deprived of the same opportunities to learn as non-disabled peers. Accordingly, teams should be cautious not to modify requirements based on assumptions or stereotypes and instead provide students the opportunity to take challenging courses with appropriate supports and make individualized determinations about whether modified requirements are part of FAPE for the student.

In regard to the second part of the question, the determination of whether a student will earn a diploma or certificate of completion is an IEP team decision driven by the student’s needs related to transition goals and services. Teams may also consider whether the student takes alternate assessments. Under the Every Student Succeeds Act, states can use alternate assessments based on alternate academic achievement standards for students with the most significant cognitive disabilities. But students who participate in alternate assessments are not precluded from obtaining a regular diploma; the IEP team determines both whether a student will take an alternate assessment and whether a student will graduate with a diploma or a certificate.

From a practical perspective, IEP teams should understand the key difference between a diploma and a certificate of completion: when a student receives their diploma, the district’s obligation to provide FAPE to the student ends, whereas when a student earns a certificate, the district’s obligation to provide services extends until the student either earns a diploma or turns 22. Because graduation with a diploma ends the obligation to provide FAPE, it is also a change of placement and requires prior written notice. IEP teams should include discussions about the student’s course of study and anticipated graduation date and outcome in transition planning starting early in high school and use transition assessments and goals to guide these determinations. So while it is logical to think about graduation in May, the IEP team’s plans toward this milestone need to start long before the student steps up to walk across the stage.

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