Equip for Equality and the Special Education Clinic

1. Equip for Equality and the Special Education Clinic Presentation to Holland & Knight January 13, 2010

2. You can make a difference • 18 year old, product of CPS • Cannot read bed time stories or medicine labels for her two young children • Flunked 3rd grade twice, before being placed in special education system. Passed from grade to grade, while reading at a pre kindergarten level and doing 1st grade math • CPS continued to ignore her educational needs • We filed for a due process hearing • As a result, she was placed in a school for students with severe learning disabilities • She is reading three letter words for the first time

3. Equip for Equality’s History • Founded in 1985 • Private and independent not-for-profit • Designated by Governor Thompson as the Protection & Advocacy System for people with disabilities in Illinois • Federally mandated and funded, every state has a Protection & Advocacy • Serves people with all disabilities of all ages across the state

4. Equip for Equality Staff and Offices • 48 Staff Members • 24 Attorneys • 4 Offices: • Chicago • Rock Island • Springfield • Carbondale

5. Equip for Equality Client Statistics • 3,265 clients served last year • An additional 4,384 people attended EFE training seminars • Thousands benefited from EFE’s systemic litigation (EFE is not prohibited from bringing class actions) • Over 800 special education clients served last year

6. Equip for Equality Who We Serve • Race/Ethnicity: • 39% of clients were people of color • Income: • 65% of clients had an annual income of less than $15,000 a year even though EFE does not have mandated income guidelines • Age: • 23 % of clients were 18 and under • 67 % of clients were 19 - 59 • 10 % of clients were 60 and over

7. Equip for Equality’s Priority Areas Three legal practice areas are: • Special Education • Safety from Abuse and Neglect • CSA: Community Integration, Self-determination, & Anti-Discrimination Other areas of focus include: • Public Policy • Training Institute

8. Legal Needs of People with Disabilities • Recent study reviewed the legal needs of low income people in Illinois • 50% of low income people have a legal problem annually • However, if a person with a disability is in the household, the figure jumps to 75% • Study confirms people with disabilities have a greater need for legal representation than the general population

9. Legal Needs in Education Cases • Legal Needs Study also reviewed substantive issues where the legal needs were unmet • Education was found to be issue with the highest unmet legal need at 90% • 51.1% of education cases involved either the denial of special education services or inappropriate special education services • Among the 23 legal aid providers in Illinois, EFE handles over 50% of all education cases of low income people in Illinois

10. Legal Representation in Special Education Cases Recent Study of Special Ed Cases in Illinois: • Parents had legal representation in 44% of cases • School districts had legal representation in 94% of cases • Parents rarely prevail in special education due process hearings when unrepresented: • Without an attorney, parents prevail only 20% of the time • With an attorney, parents prevail nearly 50% of the time

11. Equip for Equality’sSpecial Education Clinic • To address the current disparity in special education legal advocacy, EFE launched its Special Education Clinic in 2007 • Special Ed Clinic Staff: • 7 Attorneys - 1 MSW Senior Advocate

12. Priority Areas of Special Education Clinic Top Issues Handled by the Special Education Clinic: • Ensuring students are served in the Least Restrictive Environment • Implementation of Individualized Education Plans (IEPs) • Accommodations & Modifications at School • Suspension and Expulsion • Transition Services • Restraint and Seclusion • Assistive Technology

13. Components of EFE’s Special Education Clinic • Statewide Toll-Free Helpline • Extended Advice and Hands-on Support to Parents • Negotiation with the School • Legal Representation in Due Process Hearings and Federal Court • Legal Rights Seminars for Parents and Older Students

14. Representation of Underserved Students Latino Outreach and Advocacy Project • Bilingual/bicultural attorney staffs neighborhood offices • Legal representation of Latino students with disabilities • Trainings in Spanish on special education law Juvenile Justice Project • Breaks the “school-to-jail” trend by representing students in the juvenile justice system on education issues • Reduces recidivism rates • Increases educational opportunities Autism Project • Address the need for education advocacy for children with autism, the fastest growing developmental disability category in Illinois • Targets early intervention services and appropriate educational supports and placements in low income and minority communities

15. Partnership with the Private Bar Pro Bono Opportunities • Telephone Helpline Assistance • IEP Meetings • ISBE/OCR Complaints • Expulsion Hearings • Due Process Hearings • Federal Court Appeals • Parent Trainings • Parent Friendly Informational Materials

16. Support for Pro Bono Attorneys • Firm-wide trainings • Written materials on various topic areas • Ongoing support and contact • 7 staff attorneys • Shadowing opportunities

17. Case Example • 6th grader in trouble at school • School wants to send to alternative school without evaluating for special ed • Grandmother/guardian has 3rd grade education • Pro bono attorney attended the IEP meeting • Found eligible for special education • Student able to remain at neighborhood school • Receiving supports, services and behavior modification plan • Now student will have a chance to succeed

18. Equip for Equality and the Special Education Clinic QUESTIONS? Thank you for your time and interest!