May 15, 2009

Evanston Citizens for Appropriate Special Education(CASE) was formed in Aprilof 2008 to improve the special education services in District 65. Parents on the CASE Board of Directors have all experienced difficulty in securing appropriate services for their children. We wanted to reach out to families in the District to provide support and information, and to advocate for changes that are critically important to families. Attached is our first Annual Report including information gathered from parents and other stakeholders, and our new recommendations for 2009-2010.

At this time CASE has more than 70 members including families of children with special needs and other concerned stakeholders. We continue to grow at a steady pace. Our website serves as an information hub, a community connection, and a place to publish our reports and press coverage. Advocacy organizations, special ed attorneys and special ed professionals from around the state have contacted us for information. We hope to expand our reach to families in District 202 in the future.

CASE has been involved in many important issues during the last year, including participating in the revision of the physical restraint and isolated time out policy, and advocating for the inclusion of special ed goals in the District 65 5-Year Strategic Plan. We have presented at School Board meetings on a variety of issues that concern our members. We met with District Administration to discuss our concerns and suggestions for change. We sponsored a community event in which we screened the documentary film “Including Samuel” followed by a talk by Mr. Charles Fox, special education attorney. The event was attended by more than 60 people and created interest among staff and community members about the issue of inclusion.

CASE will continue to assertively advocate for the needs of children with disabilities, and will respond to issues that parents and stakeholders bring to our attention. There are promising signs of reform in the special education system in District 65. We look forward to another year of growth and change to improve the lives of children with special needs.

Sincerely,

Cari Levin, LCSW

Founding Director, Evanston CASE

Board of DirectorsContributors

Rachael GrossNancy TraverJill Calian

Petra GuyCynthia RolfeEllen Lancaster

Evanston Citizens for Appropriate Special Education (CASE)

Annual Report

May 15, 2009

Table of Contents:

  1. Problems Identified by Parentsand Stakeholders
  1. Signs of Progress
  1. Recommendations for 2009 – 2010
  1. Report on Inclusion
  1. Personal Stories
  1. “Providing a Stable Environment”
  1. “Move the Resources, Not the Children”
  1. Relevant Special Education Statutes

*Report written and endorsed by members of the Evanston CASE Board of Directors

May 15, 2009

Problems Identified by Parents and Stakeholders

CASE has received more than 100 calls and email contacts since last April when the organization was founded. The following is a list of the most common issues parents and stakeholders reported to us.

  • Refusals by Administration and supervisors to allow parents or private professionals to observe and evaluate programs.
  • Difficulties experienced byparents of children in private pre-schools trying to accessthe special education services due to unclear procedures.
  • Placement of students in inappropriate programs without parental consent and in violation of IEP’s.
  • Creation, implementation and endorsement by Administration of inappropriate and harmful behavior program at Haven Middle School.
  • Suspension of students with disabilities without documentation of incident.
  • Serial suspension of students with IEP’s for behavior related to their disability without revision of behavior intervention plan.
  • Suspension of student with an IEP for more than 5 weeks, without new placement and without expulsion.
  • Rewriting and back-dating an IEP without parent participation and consent.
  • Inadequate individual social work services due to overburdening of social work staff.
  • Lack of communication about extra-curricular opportunities from D65 administration with families of students placed in therapeutic schools resulting in social isolation.
  • Discontinuation of Bridges program therapeutic services that were beneficial and offered at no cost.
  • Lack of service providers like physical therapists and speech/language pathologists for protracted periods of time leading to compliance violations.
  • Lack of communication devices, assistive technology devices, and computerized or audio curriculum.
  • Concern over lack of continuity of programs and worry over where children will attend school the following year.
  • Repeated complaints about rude and unprofessional conduct on the part of a special services supervisor.
  • Administrative staff not returning phone calls or emails in a timely fashion.
  • Response to requests for consultation by autism specialist delayed for months.
  • Severe lack of academic progress of students in self-contained classrooms.
  • No provision of ESY for students in need of continued IEP services.
  • Children with emotional or learning challenges achieving at grade level or above denied support services.
  • Lack of Administration support and resources for school programs and personnel.
  • District using legal services in IEP meetings when parent doesn’t have legal representation.
  • Inability to resolve grievances leading to legal intervention.
  • Lack of parental understanding of IEP process and rights under IDEA.
  • Placement of students with wide range of cognitive and academic ability in same self-contained programs.
  • Lack of transparency and break down in systems of communication.
  • Inappropriate and inadequate services and placements for students with emotional disabilities.
  • Inadequate range of services for students with autism spectrum disorders.
  • Students at Park School who could be included in the mainstream if appropriate resources were available.

If you are interested in reviewing documentation of these issues or speaking directly to parents regarding these concerns, feel free to contact CASE.

Signs of Progress

This year several recommendations presented by CASE were integrated into the 5-Year Strategic Plan. We applaud the inclusion of the following:

  • District Goal:“Provide an educational experience where race, culture, creed, language, gender and disability are recognized and supported in instructional practices and programs, and in organizational policy and planning.”
  • Curriculum Goal:“Increase age-appropriate disability awareness in grades k-8 for parents, teachers, and students.”
  • Instruction Goals:“Ensure inclusion of students with disabilities in all programs to the maximum extent appropriate.”

“Maximize continuity of program placement and services for special needs students and populations and other specialized programs.”

There are signs of progress across the District in many areas and with this new focus services will continue to improve.

We are also pleased that the School Board requested the return of Dr. Cassandra Cole to re-assess the functioning of the special education system. We look forward to her report. Based on the aforementioned concerns reported to us by parents and other stakeholders, it is clear that there is more work to be done.

CASE Recommendations:

For improvement of special education programs and services

In Evanston Skokie School District 65

2009-2010

The 2009-2010 Recommendations were developed by CASE to address the continuing problems with access, transparency, and accountability identified by stakeholders. We hope you receive them in the collaborative spirit in which they were intended.

1.Monitor, evaluate and ensure implementation of special education services to assess their effectiveness and compliance with the law. CASE encountered many situations this year in which IEP’s were out of compliance, children in special education were not making academic progress, and services were not being provided. The School Board should receive data quarterly regarding the number of students receiving special ed services; the number of students receiving resource, co-teach, inclusion, self-contained and private therapeutic day school services; achievement data based on progress toward goals, not just test scores; the number of IEP meetings attended by District legal counsel; and the total amount of money spent on special education related legal services. Although closing the achievement gap is an important goal, collecting more specific data will ensure an accurate sense of performance in special education.

2.Sponsor and create a special needs phone directory for parents. Parents contact CASE on a regular basis looking to connect with other parents whose children have special needs. We recommend that a form be included in the registration packet to provide parents the opportunity to voluntarily list their contact information in a special needs directory. In order to protect confidentiality, the directory would be distributed only to those who themselves chose to be listed in the directory. In addition, all special ed staff contact information should be included, as well as a list of the Special Ed Parent Liaison Committee members. This could be done at minimal cost and would provide a vehicle for parents to develop supportive connections.

3.Increase transparency and information sharing.

  • Revise the Special Education Parent Handbook. Include a clear and up-to-date listing of programs, resources and placement options and where they are located. Provide definitions of the classroom programs. For example, clarify the meaning of “cross-categorical” classrooms and describe the eligibility criteria. Define and update the special education staff hierarchy for grievances. Include the Assistant Superintendent’s roles. Make clear who has decision-making power around what issues.
  • Make the uniform grievance procedure information more accessible. This information hasn’t been updated in the online policy manual since 2007. Include in the handbook and on the District website the procedure for filing a grievance with a complaint manager. Provide updated names and contact information for the complaint managers. Describe the qualifications of a compliance manager. Outline the specific process for appealing suspensions. Make clear that this is an avenue to resolving IDEA, 504 and ADA related complaints. Hopefully parents could utilize this avenue more fully to avoid escalation to litigation.
  • Include special education information on each school’s website. There is great variation in the level of detail and type of information listed on school websites. It would be helpful to parents if each school publishes a current listing of the types of special ed programs and services available at that school, as well as contact information for all special ed staff. Include on each school website the contact information for the cluster supervisor and the appropriate Assistant Superintendant to contact for that school. Ensure that this information is uniformly presented and updated throughout the District.

4.Increase collaboration between stakeholders interested in special education and the Administration. Make the Special Ed Parent Liaison Committee a meaningful body. The committee could be developed into a more involved and effective organization. Meet more frequently than three times a year and have a collectively developed agenda. Develop a clearly defined mission and set goals. This would allow parents to work collaboratively with staff to address issues, develop parent support programs and community connections. Utilize the committee to assist in implementing disability awareness activities in collaboration with PTA’s in each school.

5.Increase the implementation of inclusion programs K-8.In the 5-Year Strategic Plan the District made a commitment to increase inclusion and the use of co-teach. In order to support the inclusion of students with special needs in general education settings to the maximum extent appropriate,the development of inclusive program “threads” where students are not “pushed-in” from self-contained or “pulled-out” from resource rooms is needed. Individual aides are an important component to keep children in settings with typical peers. However, even when an individual or shared aide would provide necessary support for children in the Least Restrictive Environment, this resource continues to be difficult for parents to secure. There are wonderful examples of successful inclusion programs in the District; for instance the inclusive kindergarten classrooms at Dewey School. This type of programming should be expanded K-8. It is critical that the Administration committhe staff and resources necessary to increase inclusion programs.

6.Provide disability awareness training to create a culture of acceptance and support. The commitment to disability awareness in the 5-Year Strategic Plan is a good first step. However, it is clear that a culture of understanding and respect must be developed before the implementation of inclusive programs can be successful. Children are aware of who has “issues” or who is “special,” but they don’t have the level of understanding that would foster social acceptance. Parents of typically-developing students are concerned about the impact of including “low level learners” in the same class as students with “high level ability.” Some staff display attitudes and behaviors that are deeply ingrained in our society and may not even realize they have lower expectations for students with disabilities. The type of change that is needed will be slow and will require a commitment of resources and leadership. Our community is already tolerant, accepting and inclusive of many types of “difference.” We have the capacity to include children with disabilities as well.

7.Revise suspension policy and procedures. Include data in the quarterly suspension report for the Board that provides the total number of students with IEP’s who were suspended. In order to protect confidentiality, the data could be presented as a total for the entire District. Ensure that the policy and procedures comply with the legal requirements for students with disabilities. Ensure uniformity in procedural follow-through across all schools. In addition to the standard form that describes the behavioral code violation and the time frame of the suspension, a description of the incident including witnesses should be given to the parent. Parents have the due process right to appeal a suspension. They cannot adequately address issues without detailed documentation from the school.

8.Develop and implement appropriate programs for students with emotional disorders.

Grouping of students with widely disparate needs continues to be a problem, particularly at the middle school level. There is a significant need for a truly therapeutic classroom program for students with emotional disabilities. The current ED program does not achieve this standard. Programsdesigned for students with behavior disorders are only appropriate for students whose behaviors are not driven by unpredictable and fluctuating emotional states and poor ability to interpret social cues. Using a points and level system is only effective in shaping behavior if the student has the emotional and neurological capacity to control their behavior. Unfortunately, many emotionally disabled children cannot maintain focus or self-control long enough to achieve this goal, thereby increasing frustration and eroding his/her self-esteem. Children with emotional disorders require time to process and identify triggers, opportunities to regulate through movement breaks or time with social workers, stress management and academic pacing that minimizes emotional distress, and coaching to interpret social cues.

Children with complex, comorbid diagnoses require multiple modalities of intervention and support. It takes a complete, highly-skilled team to help children with complex emotional and neurological disabilities. The District should increase the use of community resources like the Bridges program to assist in providing for these very fragile children. With appropriate support these children can be successful in the mainstream.

9.Discontinue the practice of moving vulnerable children to follow services.

There has been progress on this issue in the last year. The commitment outlined in the Strategic Plan to: “Maximize continuity of program placement and services for special needs students and populations and other specialized programs” is a significant step toward providing stability for children with special needs.

Parents who contact CASE have expressed their desire to have access to a contiguous program/placement strand in the same school, even if it is not in their home school. Establishing a peer community requires long term involvement in the social mix. Both parents and students would be able to put down roots and reap the benefits of belonging to a community if programs were kept in the same school year to year. Children without special needs are afforded this opportunity without question. The same should be true for children with special needs. CASE will monitor the Administration’s implementation of this goal.

10.Utilize and respond to teacher’s knowledge of the front-line needs in classrooms. District 65 has wonderful, dedicated, skilled teachers and ancillary staff. However, staff morale is low and there is system-wide frustration. Teachers care about their students and want to provide them with a quality educational experience. As RtI is rolled out, teachers will have even more demands on their time. Teaching staff need more training opportunities, and more personnel are necessary to serve kids with special needs in the general ed classroom setting.