Common problems, concerns, and terminology in special education Lawyer Manual

Students overlooked for special education

Students with behavioral problems are often overlooked for special education. School professionals often consider the student’s behavior to be a “choice” rather than a manifestation of their disability. Disabilities that are commonly associated with behavioral problems are LD, ED, and OHI. These behaviors frequently have a detrimental effect on the student’s education, emphasizing the need for special education services for students with these disabilities.

Seclusion rooms

Students are sometimes physically restrained or put in seclusion rooms. To prevent this from being misused, the Illinois State Board of Education (ISBE) passed permanent regulations to ensure the safety of children in school. 23 Ill. Admin. Code §§ 1.285. 

See ISBE Guidance and Frequently Asked Questions for more information. 

Students transferring districts with out-of-district IEP

If a student transfers from out-of-district, the school has two options. It may either:

• Adopt the old IEP and implement it as it is written. This can happen without an IEP meeting as long as the educational rights holder agrees; and
• Develop a new IEP. The school must notify the parents and get a date for an IEP meeting within 10 days after the student’s enrollment. During this time, the school must be providing services comparable to that which are stated in the previous IEP. This is the option the school must follow if the student is transferring from out of state. See 23 Ill. Admin. Code §226.50.

The student not making progress

If the student is not making progress under the current IEP, consider these options:

• Convening an IEP meeting to amend the current IEP
• Creating a BIP for the IEP if he does not already have one
• Have the school’s behavioral therapist or expert observe him in the classroom so that she can recommend amendments to the IEP and BIP
• Consider a change of placement to something more restrictive

Special education terminology

• ADA: Americans with Disabilities Act
• AT: Assistive technology
• BIP: Behavioral Intervention Plan
• CPS: Chicago Public Schools
• CSE: Case Study Evaluation
• ED: Emotional disturbance
• FAPE: Free and Appropriate Public Education
• FBA: Functional Behavioral Assessment
• FIE: Full Individual Evaluation
• HO: Hearing officer
• IDEA: Individuals with Disabilities Education Act
• IEE: Independent Educational Evaluation
• IEP: Individualized Educational Program
• ISBE: Illinois State Board of Education
• LD: Learning disability
• LEA: Local educational agency
• LRE: Least restrictive environment
• MDR: Manifestation Determination Review
• OHI: Other health impairment
• OT: Occupational therapy
• PHC: Pre-hearing conference
• RTI: Responses to scientific, research-based interventions
• TDS: Therapeutic Day School