Remedies

The IDEA places a responsibility on school district’s to identify, locate and evaluate all children suspected of having a disability. This is known as Child Find. A parent, guardian or advocate may also request that a school district evaluate a child with a suspected disability. When a child is falling behind in school, experiencing difficulties academically, or exhibiting unacceptable behaviors, the school district and parents should act to determine what is causing the difficulty and to create a response to support the child.

The parent initially should communicate with the school starting with the Principal, an Assistant Principal or the person designated to address special education matters. Illinois High Schools have a Director of Special Education and School Districts have an Assistant Superintendent of School Services and Directors of Student Services. Once issues of concern are identified, the school districts have many options for supporting a student so that they can be successful. This may require an evaluation to determine if the student qualifies for supports under Section 504 of the Rehabilitation Act of 1973 or special education services under The Individuals with Disabilities Education Act (“IDEA”).

If the parent does not believe their child is receiving an appropriate education, the parent should send a written request to the school requesting an evaluation for special education services. The district has 14 school days to determine whether it will evaluate the child and either provide consents for evaluation to the parent or notify the parent of its decision not to evaluate. If the school determines that it should evaluate the child then it has 60 days to do so from the date the parent signs a consent to evaluate. By the end of the 60th school day, the evaluation team must meet with the parent to share the results of the evaluation.

If the District denies an evaluation, the parent may request Due Process. Due Process hearings are costly for both sides. However, the parties may resolve issues prior to the Due Process hearing through Mediation or at a Resolution Session. The Illinois State Board of Education (“ISBE”) appoints the hearing officer to Mediation or Due Process. Only the parties are present during the Resolution Hearing. Either party may choose to be represented by an attorney at any time.

The parent may also file a complaint with the ISBE. The complaint must state a violation of special education laws, rules or regulations that occurred not more than one year from the date of the complaint. The ISBE will investigate a valid complaint within 60 days of its filing.

As a parent of a student with disabilities, you have certain rights which are detailed in a notice to you that the school is required to provide. The ISBE Notice of Procedural Safeguards can be found here. This notice is lengthy, but you should read it and consult it, especially when you are concerned with your child’s education, educational environment or placement, services, and discipline.