In This Issue
Response to Intervention: Dream or Nightmare
Executive Functioning
Ligas Settlement - Community Housing
Welcome, Shari
Expanded Service
Federal Coordination
Upcoming Presentations

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Matt Cohen's Special Education, Disability

and Human Services Law

E-Newsletter  
August 2012

 This E-newsletter is devoted to sharing information about special education, disability rights, mental health and human services law that is of importance to people with disabilities, their families, and the professionals that work with them.  Information includes political issues, important research, legal developments, and information based on our experiences that we hope will help you personally in your individual and professional efforts.   It also provides updates and news about our firm and its activities.  We hope you find it helpful and welcome your comments and suggestions.  
                                                                   -Matt Cohen

Response to Intervention - Dream or Nightmare? Confronting the Crisis in Special (and Regular) Education and What We Can Do About It!

By: Matt Cohen

 

 

Response to Intervention (RTI) is an educational strategy that has been incorporated in the federal special education law as an option for serving students at risk academically, especially for students suspected of having learning disabilities.  It is intended to provide extra support to students that are struggling academically in regular education that might otherwise be referred for special education evaluation due to the suspicion that they may have a learning disability and require special education.    The basic idea is to provide short-term (8-12 weeks), intensive, scientifically-based educational intervention in the area of difficulty and to carefully monitor, week by week, the child's progress to see how they respond to the intervention.   If the student responds well to the intervention, as reflected in the data, it is surmised that the student's academic problems were due to a problem with inadequate instruction, rather than being due to a learning disability.  As a result, some and perhaps many students that were being placed in special education due to underachievement, rather than due to a learning disability, could get the boost they needed to get on track, without being subjected to unnecessary evaluation or being placed in special education inappropriately.

     
As an attorney representing many children with disabilities, including many with learning disabilities, I believe Response to Intervention represents a potentially promising educational strategy in concept and in practice for some children that might otherwise be misplaced in special education.  At the same time, I also see it as the one of the greatest threats to effective and timely identification and education for children with disabilities, particularly LD,  and potentially a serious misuse of time and resources for many regular education students without disabilities as well.  There is a continuing debate about RTI within the educational and disability rights community, as the implementation of RTI...for the rest of the article, click here.

So, REALLY...WHY Can't Tommy Learn????

By: Shari Meserve

  

You know the story...maybe you've lived it, maybe you've been the parent in the story...the story of the bright child who just can't seem to learn. The child who gets up every morning, in the same house, with the same people, at the same time....but still can't seem to remember exactly how to get ready to go to school (or forgets to put on his shoes as he runs out of the house).  This is the child who, just as the bus approaches, starts raging because you put the peanut butter on the jelly side of the sandwich.  We're talking about the kid who has the best of intentions but can't seem to start a task; or if he does-can't finish the task; or if he does-can't find it; or if he does-can't remember to turn it in.  And, when you ask him to move on to something else, he acts as if his feet are stuck in molasses.  These are the kids with report card comments of "Lazy", "Unmotivated" and "Underachiever".  No matter how bright or how much he wants to please....this is Tommy.   There are a number of different disorders that could be contributing to Tommy's difficulties, but one that is being increasingly identified as a major source of learning and self-management problems is....

 

Executive Functioning Deficit

 

Now if you are hoping for a clear-cut definition, I will disappoint.  Google "Executive Functioning" and you...for the rest of the article, click here.

Ligas Settlement: Changing Housing Opportunities for People with Disabilities

 By: Jen Runge


When we think about our children with disabilities, we can't help but think of their lives as adults. It is easy for parents to wonder where their children will live, how they will work, how they will continue to interact with others, and how they will continue to lead the most independent, fulfilling lives possible.  Parents' worries about the future are not unwarranted. If they are not living at home, many adults with disabilities in Illinois have ended up in institutional placements housing 16 or more people.  In fact, a 2008 study conducted by the University of Colorado gives statistics that merit to parents' concerns about long term and institutional placement.  When compared with other Midwestern states, Illinois places significantly more individuals in large group settings and significantly less individuals in smaller, community-based settings.  A 2011 study noted in the Chicago Tribune places Illinois second-to-last in providing community-based placements.  Those numbers give bleak hope for parents seeking to place their children in a community-based environment where they can hopefully continue to learn, grow, and become more independent.  Hope, however, springs eternal.  A recently settled class action suit...for the rest of the article, click here.
Shari Meserve, M.S.Ed., Ed.S., joins as advocate

 

shari Join me in welcoming the newest member of Matt Cohen & Associates: Shari Meserve.  Shari Meserve, M.S.Ed., Ed.S. is trained as a school psychologist.  She received her Master's of Science in Education from National Louis University in 1997 and her Educational Specialist Degree in School Psychology from NLU in 1999.  She has worked in various north shore schools for the past 13 years.  In her role as a school psychologist, she has extensive experience working with and advocating for children and adolescents who have learning disabilities, cognitive impairments, emotional and behavioral difficulties, attention disorders, spectrum disorders, tourette syndrome, and other disorders.  Her responsibilities included evaluating students, leading special education teams, performing classroom observations, assisting in the development of IEPs, providing direct counseling services to students, conducting Functional Behavioral Analyses and developing and implementing Behavior Intervention Plans, and consulting with staff, administration and parents about appropriate strategies and programs for students.  Out of a growing desire to use her skills to help a wider range of children and families obtain appropriate services and supports, Shari chose to leave the public school system and has now joined Matt Cohen and Associates as an Educational Consultant/Advocate...for the rest of the article, click here. 


Matt Cohen and Associates Expanded Advocacy Services
 

Special education rules and procedures are complex and can often be confusing.  In addition, parents often are unsure of what their children with disabilities may need, whether the school is properly identifying their needs and offering the right programs or services, or whether the IEP is properly completed.   Sometimes, parents feel intimidated or overwhelmed with the IEP paperwork or at the IEP meetings.  At times, they may feel that their concerns are being ignored or that the staff is not sharing important information with them.   When these concerns arise, parents often wonder how or from whom to get help in understanding the process, in making sure that their child's needs are being met, and in ensuring that the IEP process is working correctly.   They may even feel they need help at the IEP meeting to be sure that they are getting what their child needs and that their concerns are being taken seriously by the school staff.   At the same time, parents are often unsure of whom to call for help-if it is best to have a friend, clinician, advocate or attorney assist them and how that may affect the process.   They may also worry about...for the rest of the article, click here.

Recent Study on Federal Coordination of Transition Services

As a part of their IEP, students with disabilities begin to plan for their transition out of high school.  Many parents may still know, however, that even with early planning, the transition to post-high school life can be wrought with obstacles.  These obstacles sparked a recent study by the GAO, finding that many students with disabilities leaving high school must individually reapply for the transition services they were receiving throughout school.  This process, however, is not streamlined.  Parents and students must oftentimes reapply to various federal agencies-including the Department of Education, Department of Health and Human Services, Department of Labor, and the Social Security Administration-that each have different goals and policies.   GAO further found that, while there is some coordination among these departments regarding sharing of information, there is insufficient assessment of effectiveness, and their interaction is "a patchwork approach."  Thus, parents and students find it difficult to create coordinated services with full awareness of options-if programs are even available-and face limited access and delays in programming as adults.    Finally, the GAO study also noted that transition planning may begin too late-as many high schools inadequately prepare students for life post-high school.  As a result of this study, the GAO recommends a strategy for transition that operates among the various agencies to create common goals, greater awareness of services, and ways to manage agency effectiveness.  For a full account of the GAO's findings, from which this is summarized, click here..

Upcoming Presentations 

 

August 16, 2012 1:00 - 2:00 p.m.

Matt Cohen

"How to Successfully Address the Needs of Children with Learning Disabilities on A Systemic Basis"

LDA Webinar

for further registration information, click here.

 

September 12  7:00 - 9:00 p.m.

Matt Cohen 
"The Ethics of Triage in a time of Diminishing Resources" 

Matt Cohen & Associates offices

155 N. Michigan Ave.

7th floor conference room

Chicago, IL  60601

CEUs available through NASW, more info soon 

 

September 19  7:00 - 9:00 p.m.

Sande Shamash

"Strategies for Getting Appropriate School Services for Children with Tourettes Syndrome"

Matt Cohen & Associates offices

155 N. Michigan Ave.

7th floor conference room

Chicago, IL  60601


October 3  7:15 p.m. - 8:20 p.m. Matt Cohen
"Understanding  Eligibility and Services Under Special Ed and 504 for Kids with AD/HD"
Wilmette Public Library 
1242 Wilmette Ave.
Basement Auditorium
Wilmette, IL  60091

October 10  7:00- 9:00 p.m.

Matt Cohen 

"Effective Report Writing" 

Matt Cohen & Associates offices

155 N. Michigan Ave.

7th floor conference room

Chicago, IL  60601

CEUs available through NASW, more info soon 

 

October 24  7:00 - 9:00 p.m.

Matt Cohen

"Confronting the Emotional Taboos of Transition - For Parents of Children with Disabilities"

Matt Cohen & Associates offices

155 N. Michigan Ave.

7th floor conference room

Chicago, IL  60601

 

November 8-10, 2012 

Matt Cohen, November 10, 1:30 p.m. 

CHADD Conference

24th Annual International Conference on ADHD

Hyatt Regency San Francisco Airport
San Francisco,CA 
for further registration information, visit www.chadd.org

 

 

If you are looking for further information or would like Matt to speak at your parent group, support group, organization, conference or convention or to do staff trainings, please contact Tami at tami.kuipers@gmail.com or call at  1-866-787-9270.

 

 

 

Matt Cohen is the founder of the Chicago law firm Matt Cohen & Associates LLC.  

 

His practice is concentrated in representation of children and families in special education and discipline disputes with public schools.  He also has extensive experience in mental health and confidentiality law. 

For more information about Matt Cohen and the staff, please visit our website.
 
If you have any questions, please contact his assistant, Tami Kuipers at 866-787-9270 or at tami.kuipers@gmail.com . 

book cover

   A Guide to Special Education Advocacy -
  What Parents, Clinicians and Advocates Need to Know
   written by Matt Cohen
   published in 2009

 

    $20 plus $4.95 shipping 

    to order, call Tami at

    866-787-9270 

    or tami.kuipers@gmail.com  

 

Disclaimer: 
The material in this enews has been prepared by Matt Cohen & staff for informational purposes only and should not be considered legal advice.  We assume no responsibility for the accuracy or timeliness of any information provided herein. Internet subscribers and online readers should not act upon this information without seeking professional counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. 

 

We would be pleased to communicate with you via email.  However, if you communicate with us through the Web site regarding a matter for which we do not already represent you, your communication may not be treated as privileged and confidential.  Do not send us confidential, proprietary or other sensitive information until you speak with one of our attorneys and receive authorization to send that information.  Matt Cohen is providing this enews, the information, listings, and links contained herein only as a convenience to you.