FAQ: How do I know that it is time to file for due process?
Answer: There is no short answer to this question. The first and most important step is to be able to clearly articulate your dispute with the district. Sometimes there have been so many problems that it is hard to focus on the most important issues. The ability to clearly state what the problem is and how you want to solve it is one of the key components to a successful due process hearing. I urge my clients to do the following:

Write down, in short bullet point items, your issues and concerns with the district. For example:

• The reading goals aren't measurable and my son isn't making progress based on the reports and testing I have seen.
• My daughter is out of the class a lot due to her behavior. Things keep getting worse but I can't get an answer regarding a plan to help her.
• My son has autism and the district doesn't seem to be doing anything related to his disability. The teacher keeps asking me for ideas.

Can you answer the question, "What do I want?" Many clients simply don't know what they can ask for from their school district. Some parents are told, "this is what we have," and accept this for a time.  Ultimately, parents recognize that while a district may have only a few options this may not be sufficient to meet their child's educational needs. An attorney can discuss the options and possible solutions.

Have I made this clear to the school in writing?

The top reasons parents decide to file for due process:

• They cannot communicate with the school and the school district is ignoring their concerns.
• They are exhausted. All their energy has been spent fighting the school and no one is listening.
• Their child is making no progress.
• The district staff are not skilled enough to address their child's behavior or educational needs.
• They are seeking a private placement.
• The district is seeking an alternative placement.
• Residential placement.

Steps before due process:

Mediation:

Either the parents or the school district may request mediation. Both parties must be willing to compromise. Mediation is voluntary. Neither party can be forced to mediate. You can arrange a mediation by calling (217)782-5589. If you are represented by an attorney, the lawyer typically arranges the mediation with the school district's attorney to assure that the times work for everyone. The mediator is an impartial person who will help the parties discuss the issues and determine if there is a compromise position. The rules for conducting a hearing can be found at 23 IAC 226.50.  

• The mediator cannot make the parties do anything.
• The parties sign an agreement that the mediator cannot be called as a witness.
• The mediator will help facilitate an agreement to benefit the child.
• At the mediation the parties (parents and school) will have an opportunity to state their positions.
• No witnesses are present. This is not a hearing.
• Each side will be given an opportunity to present their story. It is important 

The answer is that is depends. Not every young adult with a cognitive disability or autism needs a guardian. It is something that needs to be considered in advance of the child turning 18. Parents have been in control of decisions and are used to making decisions and being at the table for all events including education for their child. Once that child turns 18 that automatic presumption regarding decision making is no longer valid. That authority passes to the 18 year-old unless the parents obtain guardianship or utilize other legal means (e.g. Power or Attorney) to make decisions or to get information.
The decision to become your child's guardian involves a number of considerations and questions. Each child is different. When parents seek out advice on this issue, I ask the following questions:

1. Can your child make good decisions regarding their life? Simply making poor choices doesn't automatically mean that your young adult child needs a guardian.
2. Are they able to participate in the process of dealing with their educational choices, health care or financial issues with assistance?
3. IQ or a diagnosis is not the only determining factor in the decision to assume guardianship of your child.
4. Does the young adult need a guardian to manage their financial affairs. Is this the best mechanism to address this concern?  

What are some of the implications of guardianship?

In Illinois, a person who has been adjudicated in need of a guardian cannot drive. 

Guardianship and Advocacy Commission:  gac.state.il.us/