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

2. 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 3 rd grade twice, before being placed in special education system. Passed from grade to grade, while reading at a pre kindergarten level and doing 1 st 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. 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. 4 Equip for Equality Staff and Offices 48 Staff Members 24 Attorneys 4 Offices: – Chicago – Rock Island – Springfield – Carbondale

5. 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. 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. 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. 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. 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. 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. 11 Equip for Equality’s Special 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. 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. 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. 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. 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. 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. 17 Case Example 6 th grader in trouble at school School wants to send to alternative school without evaluating for special ed Grandmother/guardian has 3 rd 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. 18 QUESTIONS? Thank you for your time and interest! Equip for Equality and the Special Education Clinic