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Equip for Equality and the Equip for Equality and the

Special Education ClinicSpecial Education Clinic

Presentation to Holland & KnightJanuary 13, 2010

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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 3rd grade twice, before being placed in special

education system. Passed from grade to grade, while reading at a pre kindergarten level and doing 1st 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

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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

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Equip for Equality Staff and Offices

48 Staff Members 24 Attorneys 4 Offices:

– Chicago– Rock Island– Springfield – Carbondale

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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

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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

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Equip for Equality’s Priority Areas

Three legal practice areas are: Special Education Safety from Abuse and Neglect CSA: Community Integration, Self-

determination, & Anti-DiscriminationOther areas of focus include: Public Policy Training Institute

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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

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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

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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

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Equip for Equality’sSpecial 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

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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

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Components of EFE’s Special Education Clinic

Statewide Toll-Free Helpline Extended Advice and Hands-on Support to

ParentsNegotiation with the School Legal Representation in Due Process

Hearings and Federal CourtLegal Rights Seminars for Parents and

Older Students

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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

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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

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Support for Pro Bono Attorneys

Firm-wide trainings Written materials on various topic areas Ongoing support and contact 7 staff attorneys Shadowing opportunities

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Case Example

6th grader in trouble at school School wants to send to alternative school without

evaluating for special ed Grandmother/guardian has 3rd 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

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QUESTIONS?QUESTIONS?

Thank you for Thank you for your time and your time and

interest!interest!

Equip for Equality and theEquip for Equality and the

Special Education ClinicSpecial Education Clinic