Special Education Laws in Illinois

Illinois

Child diagnosed by developmental pediatrician at age
6 to have ADHD, static encephalopathy and a possible
speech disorder.

Principal said they did not always go along with what
the doctors' say. Child was held back in first grade,
and punished for not being able to finish classwork.

Finally, in second grade teacher soon noticed there
was a definite problem. Pediatrician began Ritalin..
which made a marked differance in child.

In fifth grade, the teacher asked for help for this
child in reading and was turned down. Parent who
had been researching federal laws for children with
disabilities went to school and mentioned Section 504.
Special Education office had a resource teacher test
child and found child to have an "academic deficit"
Child put in a resource room for one hour a day for
rest of fifth and all of sixth grade.

Now, at the end of 7th grade Middle School, final
grades were two F's, three D's, one A in PE and a C-
in Band. Child was given a resource teacher last half
of 7th grade. Grandfather has worked with child since
third grade for sometimes two and three hours an evening
to help child make it through school. We believe that
child has been allowed to fall throught the cracks and
was not given the help he needed and should have had
beginning in first grade when he received the ADHD
diagnosis. What steps at this late date should be
taken?

Sounds like the school failed to provide a free, appropriate public education (FAPE) in the least-restrictive environment and incorrectly placed him, which resulted in your child's failure to make meaningful progress in his education program.

This failure might entitle your child to compensatory education.

I would ask to convene a meeting (case conference committee meeting) to devise an IEP (individualized education program) appropriate for your child's special needs. If the school fails to do this (either won't set a meeting or sets a meeting and then won't devise a program suited for your child's needs), your next step is to request a due process hearing at which time an independent hearing officer would hear evidence in your case and decide if the school wins or you do. If you win substantially, the school must pay your fees associated with the litigation. If you end up settling, which happens many times, you can make those fees part of the settlement agreement.

This, in a simplified nutshell, is now special ed law works.

There are some helpful websites out there on special ed law. Check out reedmartin.com and mayerslaw.com.

Hope this helps!