Advancing the human and civil rights of people with disabilities

SELF-ADVOCACY LEGAL SERVICES 3" DISABILITY RIGHTS EDUCATION PUBLIC POLICY ADVOCACY ABUSE INVESTIGATIONS

 


QUAXX

VIA EMAIL

April 27. 2020

Trisha Olson

Illinois State Board of Education
100 W. Randolph St.. Ste. 14-300
Chicago. IL 60601-3283

tolson@isbe.net

Dear Trisha:

I hope you are doing as well as can be expected. I am writing to draw your attention to highly concerning
examples of waivers that school districts have recently developed in an effort to prevent families from
advocating for appropriate special education services during the current school closures.

In the two attached examples. school districts prescribe speci?c schedules for students to receive
instruction and related services and only allow for parents to accept or decline services at the speci?ed
times. without any consideration of the student?s needs or the family?s schedule or other obligations. Both
examples also include waiver language intended to prevent parents from challenging the provision of
services during this time and from pursuing compensatory services in the future. In both examples. the
school districts unilaterally developed these schedules outside of an IEP meeting and without any input
from the students? parents.

This is unacceptable. At a minimum. school districts should offer that parents can request an IEP meeting
to discuss an alternative schedule and/or other means by which their children?s services can be provided.
Additionally. under no circumstance should parents be guided to sign waivers of their children?s right to
receive appropriate service during the closure or their ability to pursue compensatory services.

Equip for Equality is requesting that ISBE issue immediate guidance disallowing school districts from
sending these types of waivers and advising that any waivers that parents may have already executed will
be voided/will have no effect on parents? ability to pursue appropriate services during the period of
closure and/or their ability to pursue compensatory services in the future.

Thank you for your prompt attention to this issue. Please feel free to call you have
any questions or would like to discuss this matter.

Sincerely.



Olga Pribyl
Vice President. Special Education Clinic
THE INDEPENDENT, FEDERALLY MANDATED PROTECTION ADVOCACY SYSTEM THE STATE OF ILLINOIS
JOHN K. HOLTON, PHD. BOARD ZENA NAIDITCH, PRESIDEM 8t CEO
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