The impact of a recent Supreme Court decision that raised the legal bar on what school districts must provide special education students in Lake County is hard to know, local school district and advocates said.
The unanimous decision, released in March, ruled that school districts can’t just provide the minimum but instead should set goals that are “appropriately ambitious” for each individual child.
Nationally, many special education advocates and observers said they expect the decision to lead to more parents challenging their school districts about their child’s individualized education plan, or IEP.
But locally, some school district officials and advocates say the future is hard to predict.
Pam Labellarte, a Mundelein-based special education advocate who has worked professionally in the field since 2003, said she was “thrilled” when she heard about the Supreme Court decision in Endrew F. v. Douglas County School District, which raised the bar set by some lower courts.
She said the Supreme Court decision means parents and advocates should push for more ambitious goals for their children but also make sure those goals come with the supports necessary to achieve them.
But she added it’s hard to know what the impact will be because average parents might not know about the decision, and it isn’t known how school districts will respond.
Megan Clarke, the executive director of a special education collaborative set up by three Lake County school districts, said she doesn’t see the decision “making a big difference,” but that change could come as circuit courts begin using the new precedent in making decisions.
The districts that belong to Clarke’s cooperative — Stevenson High School District 125 and two of its feeder elementary school districts, Kildeer Countryside School District 96 and Lincolnshire-Prairie View School District 103 — try to be “very collaborative” with its parents, she said.
Most disagreements between families and school districts are resolved within their individual school districts, but parents can choose to take it to the next level by filing complaints or requests for mediation with the state.
Across the country, there were 18,011 due process complaints filed in the 2013-14 school year, along with 9,688 requests for mediation and an additional 4,997 written complaints, according to the latest data from the U.S. Department of Education obtained by The Associated Press.
With two-thirds of complaints coming from New York, California or New Jersey, Illinois makes up a relatively small piece of that picture, the data showed.
Of the 293 due process complaints filed during that period with the Illinois State Board of Education, 27 involved Lake County school districts, according to data from the state agency obtained by the News-Sun.
Among the nearly 130 additional written complaints filed, four involved Lake County school districts.
For Clarke’s school districts, disagreements are usually the result of a lack of communication or a misunderstanding, she said. They always try to make sure the parents understand the goals set for their child and the services they’ll receive.
Sometimes parents want something that’s not the school’s responsibility or they’ll disagree over whether a proposed service would work for the child, Clarke said. She said showing the parents data that back up the district’s position can help alleviate disagreements.
Some of the most difficult-to-resolve issues Labellarte has encountered often have to do with where the child is placed, she said.
The disagreements can center on whether a child should be placed outside the district in facilities such as the Special Education District of Lake County or private specialty schools or whether a child should be in a special education class or a regular education class with supports, both within the district, she said.
When a disagreement escalates and is headed toward a more formal process, the school districts try to go through state-sponsored mediation, Clarke said. That can often be successful because it involves a smaller group.
The next step is a time-consuming process that involves witnesses, data collection and documentation, Clarke said. While costs are hard to estimate because each case is different, she put the cost in the ballpark of $25,000.
It’s not cheap for parents either, said Labellarte, who in the 2 1/2 years she spent at a law firm that specialized in special education issues, referred only two cases.
She had 41 active cases when she left the law office, she said.
Labellarte said some families who have issues with their school districts can’t afford to go this route because it requires hiring an attorney. As an advocate, Labellarte, who works with some families pro bono, can’t take families through due process cases.
She said it’s important to have an attorney to help families through due process because of the level of knowledge needed.
The process can be difficult with all the emotion involved, she said. A lot of families think they can resolve their issues with the school district, but when they can’t, it’s disheartening, she said.
The entire process is “overwhelming, emotional,” especially because it can be difficult for parents to make decisions along the way, she said. They often are learning as they go, she said, and don’t know the lingo.
For parents who are considering residential placements, it’s a whole new level of fear, fear for their safety and fear that they failed their child, Labellarte said.
The challenge for school districts is to try and maintain good relationships through the process because they have to continue to work with the family and the child, Clarke said.
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