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The Child & Family Law Center
A Division of Grund & Leavitt P.C.

NEWSLETTER

Winter 2024

~ In this Issue ~


Special Education Issues:

Alternative School Placements

Preparing for Your Child's Annual Review


Family Law:

Taking the First Steps

Mental Health and Confidentiality Act Changes


Upcoming Webinars:

Preparing for your Annual IEP

An interactive and practical presentation with tips for making

the most out of this important meeting.

Tuesday, March 2, 2024

Time: 5:30 - 6:30 p.m. via Zoom


Click HERE to Register

ALTERNATIVE SCHOOL PLACEMENTS                 

P.A. 103-0473

Date Effective: 1/1/2024


This Act amends the requirements regarding alternative education plans and placement for students transferred to an alternative school pursuant to Article 13A of the School Code via an administrative transfer for disciplinary reasons. It requires the student’s parent or guardian to be informed about the alternative school program prior to the transfer date. The information provided should include the specific nature of the curriculum, disciplinary policies, daily schedule, and extracurricular offerings.

 

The Act also requires the sending school and the alternative school personnel to meet following the student’s transfer to develop an alternative educational plan. All alternative education plans must include the method and timeframe for the student transitioning back to the regular educational program, including a transition meeting between the school district, the alternative school, and the parent or guardian at least 30 days prior to the student’s return date.

 

The school district may extend the student’s return day upon written agreement by school district, the alternative school, and the parent or guardian. The return date cannot be extended if the parent or guardian does not consent.

Preparing for Your Child’s Annual Review


At this time of year, both schools and parents begin anticipating the annual review meeting where a student’s IEP is reviewed, and goals are set for the next school year. For many students this is the only meeting this school year. For others the IEP team may have met several times already to adjust and to revise the plan. I have attended many IEP meetings in my career and in representing children and families I have often used a checklist to help them prepare for the meeting.

 

Develop an Agenda before the meeting:

  • What are your concerns? These should be shared in writing with the school. I advise parents to share them in advance in order to allow everyone to be prepared to discuss them and to ensure that the right people are present at the meeting.
  • Prioritize your requests regarding current services and supports in the IEP.
  • What outcomes do you want to see regarding your child?
  •  Send these concerns, questions and goals to the IEP case manager or director in advance of the meeting.      
  • Have you received draft copies of evaluations, IEP goals and other documents 3 days in advance of the meeting?
  • Will your child attend the IEP?
  • Will you be providing any outside reports?
  • Develop a Shared Agenda if possible.


The Meeting:

  • Is everyone present who need to be there to discuss your child’s educational needs and services?
  • Does the agenda reflect your concerns and priorities?
  • Has enough time been allocated to address all of your concerns and questions?
  • Has the District provided data that documents progress?
  • Do you need additional data? If so, what is the plan to gather that information and how long will this take?
  • What is working?
  • What research-based interventions is the team using to educate your child? This is an answer that they should be able to provide.
  • What isn’t working?
  • Personnel issues should not be discussed at the IEP meeting.
  • Are the goals measurable? Data driven?
  • Ask how and when the services will be delivered to your child?
  • Will the services be delivered in a group? Individually?
  • How often will data be taken?
  • Keep the meeting focused on what your child needs.

 

Following the Meeting:

If you need additional time to review the IEP or think about what was proposed don’t be afraid to ask. However, I suggest to my clients that they get back to the team regarding the proposed IEP and any changes within 72 hours. If there is no consensus, another meeting may be necessary.

 

Family Law: Taking the First Steps

 

1.    Gather your financial documentation.

This includes bank statements, credit card bills, retirement accounts, school loans, real estate, and car loans. Gather three years of tax returns.

2.    Open a checking and savings account in your name at a new bank.

3.    Make a list of your debt: everything you owe individually and as a couple.

4.    Keep track of your debt.

If your spouse is spending recklessly or is withdrawing substantial amounts of money from joint accounts consult a lawyer to assist in limiting your responsibility and to track any dissipation of marital assets.

5.    If possible, create an emergency fund.

6.    If you are a stay-at-home parent, create a list of all the expenses on a day to basis for the household and the children’s care.

7.    Do not post anything about your divorce on social media.

8.    If you have children, they should be front and center in the decisions regarding how to proceed in the divorce process in the healthiest way.

9.    If your children or child have special needs that will require additional planning and financial consideration be prepared to ask about this in your initial consultation with the attorney.

10. Do not involve the children in the conflict. They should not be encouraged to take sides or weigh in on adult decisions.

11. Meet with an attorney to discuss your legal options. Schedule a consultation. All divorces are not the same.

12.  Prior to the meeting with a lawyer, write down your legal questions about the divorce.

Mental Health and Confidentiality Act Changes



On January 1, 2024, an amendment to Section 4 of the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/et seq., goes into effect regarding persons entitled to inspect and copy a recipient’s record. P.A.103-474 (S.B. 188) adds a new category of persons entitled to access another individual recipient’s mental health information: “ the personal representative under HIPAA, 45 CFR 164.502(g), of a recipients, regardless of the age of the recipient.”

        The legislative change will impact the confidentiality and disclosure of mental health records of minors age 12-17, especially relating to requests for information from parents or guardians. Under the new law, minors age 12-17 may lose their right to object to disclosure of their confidential mental health information to parents or guardians who have the legal ability to consent to treatment for the minor. However, there are limited exceptions for potential risk of harm to the minor and disclosures that are against the minor’s best interest.    

Our office is dedicated to advocating for the best outcomes for children and families. Call (312)-640-9850 or email me at mmoran@grundlaw.com. Consultations for special education and family law issues are available in person or by Zoom. Safety protocols are followed.
The Child and Family Law Center: A Division of Grund & Leavitt
Micki Moran
The Child & Family Law Center of the North Shore
A Division of Grund & Leavitt, P.C.
600 Central Avenue, Suite 248
Highland Park, IL 60035
Phone 312-640-0500
Fax 847-681-1295
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