The Child & Family  Law Center

Newsletter April, 2017
April is Autism Awareness Month

The Supreme Court Rules on Endrew F.
By Micki Moran, J.D.

On March 22, 2017, the Supreme Court issued its much-awaited unanimous opinion in  Endrew F. v. Douglas County School District, 580 U.S.___(2017) . While the case clarifies and reiterates the standard set out in  Hendrick Hudson v. Rowley 458 U.S. 176 (1982) , it soundly rejects the position espoused by the Tenth Circuit Court of Appeals that had put forth the standard of benefit for a student with an IEP as merely  de minimis.

The Court's rejection of this extremely low standard is a victory for children with disabilities. I am not sure it is the ground breaking decision that it is being hailed as by some commentators. However, it does clarify what the IDEA requires and rejects any suggestion of setting artificially low standards for students with disabilities.
Reform in School Discipline in Illinois: Another Look at Senate Bill 100's Impact on Discipline and Suspensions in Schools
By Sharon Falen, J.D.

Effective since September 15, 2016 of this school year, Senate Bill 100 amended the Illinois School Code in several significant ways. We brought this new law to your attention at its inception and now review its impact as the school year comes to a close. Though school districts and student and parents alike still are learning its practical implications six months later, it is important to review these changes in discipline at a time that is notorious for misbehavior and conduct problems in the classroom in the springtime and as graduation nears for some students.
Most notably, the law officially banned zero tolerance policies in the state. Zero tolerance policies demanded that school personnel suspend or expel students for certain behaviors without regard to any mitigating factors or circumstances. Though many schools had extinguished this practice already, the official change is critical for students' rights and their ability to stay in school if another more effective form of discipline is available.
Cell Phone Searches at School
By Micki Moran, J.D.

Parents and students often ask whether a public- school official has the right to search a student's cell phone without permission. The answer is no.  I want to indicate that this doesn't mean that searches don't occur. However, you should tell your child or teen that  they may and should refuse until they speak to their parents or preferably an attorney. The limitation on cell phone searches was outlined by the Supreme Court in two criminal cases decided in 2014,  Riley v. California and United States  v. Wurie.
The Court, in analyzing the facts, determined that the individuals are protected under the Fourth Amendment against warrantless searches to their cell phones. The Court articulated that there is a bright line rule. In the words of Chief Justice Roberts, writing for a unanimous Court, "the answer to the question of what police must do before searching a cell phone seized incident to arrest is simple- get a warrant."
Support for a Non-Minor Child with a Disability:
Is my Adult Child with a Disability Entitled to Financial Support from my Ex-Spouse?
By Micki Moran, J.D.

In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) was amended to provide clarity on the standards to be used by a court in determining post majority support for a disabled adult child. The statute stated below outlines the requirements for an award of support:

Section 513.5 (a) states that the court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of a child of the parties who has attained majority when the child is mentally or physically disabled and not otherwise emancipated. The sums awarded may be paid to one of the parents, to a trust created by the parties for the benefit of the non-minor child with a disability, or irrevocably to a special needs trust, established by the parties for the sole benefit of the non-minor child with a disability...

Bullying, Cyber-Bullying and Web Based Risks
Tuesday, April 25, 6:30-7:15

The Legal Definition of a Free, Appropriate, Public Education or FAPE Following the Supreme Court's Decision in Endrew F.
Tuesday, May 16, 6:30-7:15
Registration coming soon
Speaking Engagements

Cyber-Safety, Cyber-Bullying and Risks that Every Parent Should be Aware of Regarding the Internet and Social Media
Sonia Shankman Orthogenic School
April 18, 2017

Panel Presentation:
Making Mental Health Connections Navigating College Mental Health Services
Transition Action Network
May 9, 2017, 6:00 -8:30 p.m.
Fremd High School, Palatine, IL


Colleagues and Friends Upcoming Events

Center for Independent Futures
Spark Annual Gala
April 28, 2017
Hilton Orrington
Evanston IL

Dreaming Big for Autism
A Celebration Benefiting Have Dreams
April 29, 2017
Northbrook, IL

Josselyn Center Spring Lunch
May 10, 2017
Northmoor Country Club
Highland Park, IL

About Us
The Child & Family Law Center ,  founded  by Micki Moran in 1995, is a unique legal practice that specializes in providing services to families and children in the areas of Special Education, IEP Consultation, Guardianship, Juvenile Law, Criminal Law, Mental Health Law, DCFS, Divorce and Parental Responsibility, Parenting Agreements, and Mediation.

We provide representation in Cook, Lake, McHenry, DuPage, Kane and Will Counties.

Please call our office to schedule a consultation with one of our attorneys in the areas of Divorce, Guardianship, Special Education, Juvenile Criminal Law.

The Child & Family Law Center
1950 Sheridan Road, Suite 201
Highland Park, IL 60035
Phone (847)926-0101
Fax (847)926-8500