Supporting Disabled Adult Children in Illinois: Post-Majority Obligations Under the Marriage and Dissolution of Marriage Act

Posted on March 10, 2026 by MickiMoran

One of the most challenging questions families face during or after a divorce involves the financial support of a child who cannot become self-supporting due to a disability. In Illinois, the law provides a specific mechanism to address this circumstance by allowing courts to order continued support even after a child reaches the age of majority.

Statutory Framework: 750 ILCS 5/513.5

Unlike the general child support provisions of the Act, which terminate when a child turns 18 (or 19 if still in high school), section 513.5 of the Illinois Marriage and Dissolution of Marriage Act grants the circuit court discretionary authority to award financial support for a non-minor child with a disability who has attained the age of majority but is not otherwise emancipated.

Under § 513.5:

  • A petition for support may be filed before or after the child reaches majority.
  • The key legal prerequisites include:
    • the child has a mental or physical impairment substantially limiting a major life activity;
    • that disability arose while the child would have been eligible for minor support under sections 505 or 513; and
    • the child is not otherwise emancipated.

The statute allows awards to be paid to a parent or, importantly in special needs planning, to a trust established for the sole benefit of the adult child, including special needs trusts recognized under federal and Illinois trust law.

What Courts Consider

Section 513.5 directs the court to weigh equity and necessity by evaluating several factors, including:

  • present and future financial resources of both parents (including retirement savings);
  • the standard of living the child would have enjoyed absent the divorce;
  • the child’s own financial resources; and
  • any public benefits available to the child (such as SSI or Medicaid programs).

These considerations differ from the more formulaic approach used for minor support under the Income Shares Model, and give courts broader discretion to tailor awards based on individual needs and family circumstances.

Timing and Case Law: In re Marriage of Moriarty

A key question practitioners face is when a petition for support under § 513.5 must be filed. In In re Marriage of Moriarty(2024), the Illinois First District Appellate Court clarified that a petition for adult disabled child support is not untimely simply because it was filed after the child turned 18.

In that case, a 21-year-old autistic adult who could not live independently was denied support by a trial court on timeliness grounds. The appellate court reversed, holding that § 513.5 permits petitions to be filed after majority where the disability arose during the child’s minority and the child was not otherwise emancipated. This decision reinforces that reaching age 18 does not automatically bar a support application under the statute.

Practical Issues in Post-Majority Support

Establishing Disability: A successful petition must demonstrate that the adult child’s condition qualifies as a disability under the statute. Medical records, educational history, and expert testimony often play a critical role in proving both the existence and onset of the disability.

Emancipation and Independence: A child’s inability to live independently and provide for basic needs is a central factor. Courts generally view emancipation not merely as a chronological milestone but as a function of actual capability.

Modification and Termination: Like minor support, an award under § 513.5 can be modified with a substantial change in circumstances—such as a significant change in the adult child’s condition or parental financial status.

Coordination with Benefits: Care is required when structuring payments to avoid jeopardizing eligibility for public benefits. Using trusts for benefit-preserving planning is common in practice.

Conclusion

Illinois recognizes that disability does not end at age 18. The Marriage and Dissolution of Marriage Act provides a legal pathway for continued parental support where an adult child is disabled and dependent. By grounding petitions in the statutory criteria and current case law, practitioners can help clients navigate this nuanced area of post-majority support while balancing parental obligations with the long-term care needs of disabled adults.

If you’d like, I can tailor this article further for a client audience (more plain language) or for attorney colleagues (more case law and practice tips).

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llinois Law on Bullying and Cyberbullying in Schools

1. Statutory Framework: School Code Bullying Prevention

In Illinois, bullying prevention in schools is governed primarily by the Illinois School Code (105 ILCS 5/27-23.7), which requires all public school districts, charter schools, and non-sectarian private elementary and secondary schools to adopt and implement a comprehensive anti-bullying policy. 

Mandatory Anti-Bullying Policies

Under state law:

  • Every district and qualifying school must create, maintain, and implement a written policy on bullying that is filed with the Illinois State Board of Education (ISBE). 
  • These policies must be based on the model bullying prevention policy developed by ISBE and must include specific procedural elements. 
  • Schools must review and re-evaluate their bullying policies at least every two years and revise them as necessary. 

Key procedural requirements include:

  • Clear definitions consistent with state law (see below). 
  • Procedures for reporting bullying incidents, including anonymous reporting options. 
  • Investigation processes and timelines for responding to reports. 
  • Notification of parents/guardians of all students involved in alleged incidents. 
  • Interventions and disciplinary consequences, including counseling or restorative measures. 
  • Prohibitions on retaliation against individuals who report bullying. 

Recent amendments (Public Act 103-0047, effective June 2023) added protections and procedural requirements such as mandatory posting of bullying policies online and expanded definitions to cover additional protected categories like socioeconomic status, physical appearance, academic status, pregnancy/parenting, and homelessness. 

2. Definitions: What Counts as Bullying/Cyberbullying

Bullying

Illinois defines bullying — including cyberbullying — in the School Code as severe or pervasive conduct that is:

  • Directed at a student or students; and
  • Has, or can be reasonably predicted to have, one or more of the following effects:
    • Reasonable fear of harm to the student or the student’s property;
    • Substantially detrimental effect on the student’s physical or mental health;
    • Substantial interference with academic performance; or
    • Substantial interference with participation in school services or activities. 

Bullying may include harassment, threats, intimidation, stalking, physical violence, public humiliation, destruction of property, or retaliation for reporting bullying. 

Cyberbullying

Cyberbullying is treated within the definition of bullying and is defined as bullying conducted through technology or electronic communication. This includes but is not limited to:

  • Electronic mail;
  • Internet communications;
  • Instant messages;
  • Social media posts;
  • Other digital platforms or devices. 

Illinois law is explicit that cyberbullying includes communications made electronically that meet the bullying definition — meaning online conduct that disrupts a student’s education or causes physical or mental harm. 

Furthermore, bullying policies must prohibit cyberbullying even when it occurs off school grounds or on personal digital devices, if the conduct causes a substantial disruption to the educational process or orderly operation of a school. 

3. Protected Characteristics

Illinois anti-bullying laws require policies to prohibit bullying based on both actual and perceived traits, including but not limited to:

  • Race, color, religion, sex, national origin, ancestry;
  • Physical or mental disability;
  • Military status;
  • Sexual orientation or gender identity/expression;
  • Unfavorable discharge from military service;
  • Association with a person or group with one or more of these characteristics;
  • Other distinguishing characteristics. 

This aligns with broader nondiscrimination principles to ensure students are protected from harassment related to identity or personal traits. 

4. School Responsibilities and Enforcement

Under Illinois law, schools must not only prohibit bullying and cyberbullying, but also take active steps in prevention and response:

  • Schools must investigate all reported incidents and determine whether the conduct is within the school’s jurisdiction. 
  • Schools must inform parents/guardians promptly, and under newer law within 24 hours in many cases, of incidents involving their children. 
  • Schools are required to offer support services such as counseling, restorative practices, and social-emotional skill building. 
  • Policies must include provisions to protect individuals who report bullying from reprisal or retaliation. 

School districts are monitored by the Illinois State Board of Education to ensure compliance with these policy requirements. 

5. Criminal Law: When Bullying/Cyberbullying Becomes a Crime

Beyond school disciplinary processes, some forms of bullying and cyberbullying conduct may constitute criminal offenses under Illinois law:

Harassment Through Electronic Communications

  • Illinois criminal law makes it a crime to harass another person using electronic communications, including devices like computers and smartphones. 
  • A first offense may be charged as a Class B misdemeanor (up to six months in jail). 
  • Repeat violations or cases involving minors can elevate charges to a Class A misdemeanor or even a Class 4 felony with possible prison time. 

Cyberstalking

When electronic harassment is repeated or threatening, it may qualify as cyberstalking, a criminal offense:

  • Cyberstalking is typically charged as a Class 4 felony and can increase to a Class 3 felony for repeat offenses. 
  • These penalties include imprisonment and substantial fines. 

Hate Crime Enhancements

If cyberbullying or cyberstalking is motivated by bias against a protected characteristic, it may be charged as a hate crime, which carries stiffer penalties, especially if the conduct occurs in or near a school. 

6. Practical Steps for Parents and Schools

To implement Illinois law effectively:

  • Parents should review their child’s school bullying policy and ensure they understand reporting procedures. 
  • Schools should train staff on policy enforcement and documentation of incidents. 
  • When criminal conduct is suspected, schools must notify local law enforcement as appropriate. 

Conclusion

Illinois has a robust legal framework addressing bullying and cyberbullying in schools that blends school policy requirements with criminal law protections. Schools must adopt comprehensive policies, prohibit bullying based on broad protections, respond promptly to incidents, and work with families to support affected students. In some cases, cyberbullying conduct may also trigger criminal charges under state harassment or cyberstalking laws.

If you’d like, I can also provide a sample letter to send to a school principal about alleged bullying or cyberbullying incidents.

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Special Needs Divorce Considerations in Illinois: What Families Need to Know

Posted on February 13, 2026 by MickiMoran

Divorce is complex under any circumstances. When a child or dependent adult has special needs, however, the legal, financial, and practical considerations multiply. Illinois law provides some tools to help families protect vulnerable dependents, but these cases require careful planning to avoid unintended consequences—especially involving government benefits, long-term care, and decision-making authority.

Below is an overview of the key issues attorneys, parents, and caregivers should evaluate in an Illinois special needs divorce.

1. Allocation of Parental Responsibilities and Parenting Time

Illinois courts decide parenting issues based on the best interests of the child. When a child has special needs, courts often look more deeply at:

  • Each parent’s history of involvement in medical and therapeutic care
  • Ability to coordinate with providers and schools
  • Understanding of the child’s diagnosis and treatment plan
  • Stability of housing and access to services
  • Willingness to cooperate on complex care decisions

In some cases, one parent may be allocated a greater share of decision-making authority for healthcare or education if continuity is critical.

Parents should consider:

  • Detailed parenting schedules that account for therapy, medical equipment, or fatigue
  • Transportation logistics for specialized services
  • Emergency medical protocols

2. Child Support Beyond Age 18

Illinois allows child support to continue into adulthood when a child has a disability that prevents self-support.

Potential support may include:

  • Ongoing financial support
  • Payment of uncovered medical expenses
  • Contributions toward housing or supported living programs
  • Vocational or life-skills training

Unlike traditional child support, these obligations may last indefinitely depending on the child’s condition and ability to live independently.

3. Protecting Government Benefits

One of the biggest risks in special needs divorce cases is accidentally disqualifying a child from needs-based public benefits such as:

  • Supplemental Security Income (SSI)
  • Medicaid
  • Waiver-based residential or in-home services

Direct child support payments or asset transfers to the child can jeopardize eligibility. Instead, families often use:

Special Needs Trusts

These trusts allow funds to be used for the child’s supplemental needs without counting as a disqualifying asset.

Structured Support Language

Divorce decrees should carefully specify:

  • Whether support is paid to a trust
  • Who administers funds
  • Permitted expenditures

This is an area where coordination between family law attorneys and special needs planning attorneys is essential.

4. Medical Decision-Making and Guardianship Planning

As children with disabilities approach adulthood, parents must evaluate whether guardianship or less restrictive alternatives are appropriate.

Issues to consider include:

  • Whether the child can manage medical decisions
  • Ability to consent to services
  • Financial decision-making capacity

Divorce agreements should address:

  • Who will pursue guardianship (if needed)
  • Whether co-guardianship is feasible
  • How legal fees and responsibilities will be divided

5. Education and Transition Planning

For school-aged children, Individualized Education Programs (IEPs) and transition plans are central to long-term success.

Divorcing parents should plan for:

  • Who attends IEP meetings
  • How educational disputes will be resolved
  • Post-secondary transition planning (ages 14–22 in Illinois special education systems)

Consistency is especially important for children with autism spectrum disorders, developmental delays, or complex medical needs.

6. Insurance and Long-Term Care Planning

Special needs cases often require enhanced attention to insurance issues, including:

  • Maintaining private health insurance when possible
  • Coordination with Medicaid secondary coverage
  • Life insurance to secure long-term support obligations
  • Funding mechanisms for future residential or day programs

Some divorce settlements include mandatory life insurance naming a special needs trust as beneficiary.

7. Adult Disabled Dependent Support

Illinois courts may order financial support for adult disabled children, including housing, food, and medical care. Courts typically consider:

  • The adult child’s financial resources
  • Parents’ financial abilities
  • Caregiving needs and costs
  • Public benefit eligibility

These orders are highly fact-specific and often require expert testimony.

8. Drafting Matters: Why Precision Is Critical

In special needs divorce cases, vague language can create serious problems. Orders should clearly define:

  • Duration of support
  • Payment mechanism (trust vs. direct payment)
  • Responsibility for therapies and uncovered medical costs
  • Future dispute resolution procedures

Small drafting mistakes can result in loss of benefits or future litigation.

Conclusion

Special needs divorce cases require a hybrid approach that blends family law, disability law, public benefits planning, and long-term financial strategy. With careful planning, parents can structure divorce agreements that protect both the child’s daily needs and long-term stability.

Families navigating these cases benefit from early coordination between legal counsel, financial planners, and special needs advocates. The goal is not just dissolving a marriage—it is preserving continuity, dignity, and support for a vulnerable dependent for years to come.

Special Needs Divorce in Illinois: Protecting What Matters Most

Divorce is never easy. When a child or dependent adult has special needs, the stakes are even higher. Parents are not only navigating the emotional and financial impact of divorce — they are also working to protect critical services, long-term care plans, and financial support systems their child may depend on for life.

At our firm, we understand that special needs divorce cases require more than standard family law representation. They require careful coordination, detailed planning, and a deep understanding of how Illinois law intersects with disability planning and public benefits.

Why Special Needs Divorce Cases Are Different

Every divorce involves decisions about parenting, finances, and the future. In special needs cases, those decisions must be made with additional layers of consideration, including:

  • Protecting eligibility for government benefits like SSI and Medicaid
  • Planning for care and financial support into adulthood
  • Coordinating medical, educational, and therapeutic decision-making
  • Ensuring long-term housing and life-care stability

Even well-intentioned divorce agreements can accidentally disrupt benefits or services if they are not structured correctly.

Child Support May Continue Into Adulthood

In Illinois, support for a child with disabilities may extend beyond age 18 — sometimes indefinitely. Courts can order support that covers:

  • Living expenses
  • Medical and therapy costs
  • Supported housing or residential programs
  • Vocational and life-skills services

These cases require detailed financial analysis and often collaboration with medical or vocational experts.

Protecting Government Benefits Is Critical

Many families rely on needs-based programs such as Supplemental Security Income (SSI) and Medicaid. Improperly structured child support or asset transfers can disqualify a child from these essential programs.

One common solution is using a special needs trust, which can:

  • Hold child support or settlement funds
  • Pay for supplemental quality-of-life expenses
  • Preserve eligibility for public benefits

Drafting in these cases must be precise. Small wording mistakes can have major long-term consequences.

Parenting Plans Must Reflect Real-World Care Needs

For children with special needs, parenting plans often need to address:

  • Therapy schedules
  • Medical equipment needs
  • Transportation to specialized providers
  • Consistency and routine requirements

Courts focus heavily on which parent can best support the child’s ongoing medical and developmental needs.

Planning for Adulthood Starts Early

As children with disabilities approach adulthood, families may need to consider:

  • Guardianship or supported decision-making
  • Adult disabled dependent support
  • Transition planning from school to adult services
  • Long-term housing and care arrangements

Divorce agreements should address who will manage these transitions and how decisions will be made.

Why Experienced Legal Guidance Matters

Special needs divorce cases sit at the intersection of multiple legal areas:

  • Family law
  • Public benefits law
  • Estate and trust planning
  • Disability rights and advocacy

A coordinated legal strategy can help ensure your child’s services, care, and financial security remain protected both now and in the future.

Our Approach

We work closely with families to:

  • Structure support to protect benefit eligibility
  • Coordinate with financial planners and special needs planning attorneys
  • Draft detailed, durable agreements that reduce future conflict
  • Focus on stability, continuity, and long-term protection for your child

You Don’t Have to Navigate This Alone

If you are facing divorce and have a child or dependent adult with special needs, early planning can make a meaningful difference in your child’s future.

Our team is here to help you understand your options and build a plan that protects what matters most.

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Parenting Coordination

Posted on June 18, 2025 by MickiMoran

Parenting Coordination serves two purposes:

  • To educate parents to problem solve and work through their disagreements.
  • To make decisions when the parents can’t or won’t.

Parenting Coordination starts with a court order or written agreement for these services. Whatever document is used it is important that it be as specific as possible. Rule 909 clearly outlines what the P.C. can and cannot do. Section 909 informs as to the duties of a P.C.

  • Assists coparents with clarifying, implementing, and complying with their parenting plan.
  • Helping co-parents reduce their misunderstanding, clarify priorities, explore possibilities for compromise, and develop methods of collaboration in parenting their children.
  • Educating coparents about their children’s needs in order to make timely and appropriate decisions in a manner consistent with the children’s developmental and psychological needs.
  • Timely resolving conflicts that may arise concerning parenting plans in order to reduce the amount of damaging conflict between coparents to which children are exposed and diminish a pattern of unnecessary re-litigation about child related issues.

Basis for the appointment of a Parenting Coordinator. Following the entry of an order of a parenting plan or prior to entry if approved by a court, after considering the allegations or evidence of intimate partner violence where one coparent has exhibited or continues to exhibit or continues to exhibit patterns of violence, threats, intimidation, and coercive control over a coparent, a parenting coordinator may be appointed by the court when deemed in the best interests of the child (ren) due to any of the following:

  • The coparents have failed to adequately cooperate and communicate about issues involving their children.
  • The coparents have been unable to implement the existing parenting plan or parenting schedule.
  • Mediation has not been successful or has been determined by the court to be inappropriate.
  • The agreement of the coparents; and
  • For such other reason as the court deems appropriate that does not exceed the authority under this Rule.

Duties of the Parenting Coordinator. A Parenting Coordinator facilitates the resolution of conflict among coparents regarding an existing parenting plan in a marital dissolution, parentage or post judgment case to”

  • Monitor parental behaviors, including the compliance or lack thereof, with orders entered in their case by the court.
  • Mediate and make recommendations with respect to, disputes between the coparents upon request of a coparent or court order.
  • Make recommendations to the coparents for outside resources as needed and/or guidelines or rules for communication between the coparents.
  • Document allegations of noncompliance for the court; and
  • Make recommendations to the court upon proper notice and petition.

A parenting coordinator is authorized to make specific recommendations regarding the existing parenting plan including, but not limited to:

  • The time, place, and manner for the pick-up or drop off of the children in relation to the coparent’ designated parenting time or nonparent visitation.
  • Disputes regarding the extent nature of the children’s participating in educational and extracurricular activities including payment of expenses;
  • Minor alterations of parenting time or non -parent visitation to accommodate changes in schedule or availability of the child or coparent, including make-up time if permitted by prior court order;
  • Holiday scheduling
  • Discipline and problematic behavior issues;
  • Health and personal care issues;
  • Any other specific issues assigned to the parenting coordinator by the court or agreed by the coparents that does not exceed the authority under this Rule.

Off Limits to the Parenting Coordinator:

A parenting coordinator shall not make recommendations as to:

  • Allocation of parental responsibilities for decision making;
  • Initial allocation of parental responsibilities for parenting time and any allocation of parenting time beside minor alterations in paragraph E.
  • Relocation;
  • Establishing visitation by a nonparent, or
  • Child support, spousal maintenance, or the allocation of property or debt of the marriage;

How is the Parenting Coordinator Paid?

The parties shall pay the parenting coordinator fees, which may include a retainer fee, as ordered by the court upon consideration of the financial resources of the parties or agreed upon in writing by the parties and the parenting coordinator. If parties cannot afford to pay for a parenting coordinator, the court may appoint a parenting coordinator from the Domestic Relations Division’s approved roster at a reduced fee or pro bono basis.

 Tips for Working with your Parenting Coordinator

1.Don’t spend the time telling the Parenting Coordinator everything that happened in your marriage, the divorce litigation, mediation and all the terrible things about your spouse.  

2. Be prepared for your meetings. Bring an agenda if that helps you to be organized. 

3. Be clear about the issues you want the Parenting Coordinator to address?

4. Prioritize the issues that are most important to your children.

5. Focus on your children’s needs.

6. The Parenting Coordinator is not your therapist.

For a consultation regarding your divorce, post-decree or other family law related matters please contact our office at (312)-640-0500 or email me at mmoran@grundlaw.com

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Divorce Involving Special Needs Children: Legal Considerations Under Illinois Law

Posted on June 18, 2025 by MickiMoran

Divorces involving children with special needs present distinct legal and practical challenges. Family law practitioners in Illinois must navigate not only the traditional aspects of custody (now referred to as “allocation of parental responsibilities”), parenting time, and support, but also the unique needs of these vulnerable children whose care often requires additional planning, resources, and long-term considerations.

Allocation of Parental Responsibilities and Parenting Time
Under Illinois law (750 ILCS 5/600 et seq.), courts must allocate parental decision-making authority in four key areas: education, healthcare, extracurricular activities, and religious upbringing. When a child has special needs, healthcare and education decisions become particularly significant.
Judges often look for highly detailed parenting plans that address:
• Coordination of medical care, therapies, and educational services (including IEP or 504 Plan meetings).
• Transportation logistics for medical appointments or therapy sessions.
• Consistency in therapeutic interventions and treatment plans.
• Plans for emergency medical situations.
• Specialized childcare or supervision needs.
Courts expect parents to demonstrate a clear understanding of the child’s current and future needs. A failure to address these details may lead to additional litigation or modifications post-divorce.

Child Support and Special Needs
Illinois calculates child support using an income shares model (750 ILCS 5/505). However, when a child has special needs, courts may deviate from the standard formula to account for extraordinary expenses such as:
• Ongoing medical treatments
• Therapies (occupational, speech, behavioral, etc.)
• Specialized equipment and adaptive technology
• Private education or specialized programs not covered by public services
• Respite care or personal attendants
Practitioners should present detailed evidence of these expenses, including documentation from medical providers, therapists, and educational professionals.


Support Beyond Age of Majority
Illinois law (750 ILCS 5/513.5) allows for the continuation of child support beyond the age of majority if the child is physically or mentally disabled and not otherwise emancipated. This is a crucial provision for families of children with lifelong care needs.
Attorneys should help clients consider:
• The potential need for adult guardianship or powers of attorney.
• Coordination with government benefits such as SSI, Medicaid, and vocational services.
• Establishing a special needs trust to preserve eligibility for public benefits while providing supplemental resources.

Guardianship and Decision-Making in Adulthood
As a child with disabilities reaches adulthood, parents may need to pursue adult guardianship under the Illinois Probate Act (755 ILCS 5/11a). This can ensure that parents (or designated guardians) retain the legal authority to make critical decisions on behalf of the child.

Collaborative Approaches and Expert Involvement
Divorces involving special needs children often benefit from collaborative law, mediation, or the inclusion of child specialists, medical experts, and financial advisors. The involvement of a special needs planner can help families navigate complex financial and legal structures such as:
• Special needs trusts (third-party and first-party)
• ABLE accounts
• Long-term care planning

Conclusion
For Illinois family law practitioners, cases involving children with special needs require heightened diligence, a thorough understanding of both family and disability law, and a commitment to long-term planning. Attorneys must help their clients anticipate not only the immediate post-divorce period but also the evolving needs that may extend well into adulthood.

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LEGISLATIVE UPDATES: CHILDHOOD TRAUMA

Posted on September 13, 2023 by MickiMoran

In August, Governor Pritzker signed a bill into law to help schools properly address childhood trauma with trained teachers, administrators and staff. At least 40% of children in Illinois have experienced at least one adverse childhood experience. At least 10% of youth across the state have had three or more adverse experiences. Hispanic and Black children are impacted at a much higher rate.

Adverse childhood experiences or ACES, are potentially traumatic events that occur in childhood (0-17 years). For example:

  • Experiencing violence, abuse or neglect
  • Witnessing violence in the home or community
  • Having a family member attempt or die by suicide.

Also included are aspects of the child’s environment that can undermine their sense of safety, stability , and bonding such as growing up in a household with:

  • Substance abuse problems
  • Mental health problems
  • Instability due to parental separation or household members being in jail or prison.

ACES are linked to chronic health problems, mental illness, and substance abuse problems in adolescence and adulthood. ACEs can also negatively impact education, job opportunities, and earning potential.

            In an effort to address the impact of trauma on children, the Illinois State Board of Education will be required to develop a Children’s Adversity Index to measure community childhood trauma exposure for kids three to 18 years old by May 31, 2025. Although some school districts are providing mental health services to address trauma these interventions are not systemic and depend on the efforts of individual community leaders and school districts. Teacher institutes will be required to provide instruction of trauma-informed practices.

BULLYING

Public Act 103-47 amends the School Code provisions to include the definition of bullying targeting based on physical appearance, socioeconomic status, academic status, pregnancy, parenting status, and homelessness. This law requires that a school district’s bullying procedures for informing parents or guardians of all students in the alleged incident of bullying within 24 hours after the school’s administration is made aware of the incident. Requires that all individual instances of bullying, as well as threats, suggestion, or instances of self-harm be reported to the parents or legal guardians of those involved under the guidelines provided. Effective June 9, 2023.

FAMILY LAW

Guardian Ad Litem: Public Act 103-126 amends the guardian ad litem (GAL) statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of the GALs. These changes are as follows: 1)Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent having a surprise GAL recommendation at trial with no written proposal in advance. 2) It also allows for the written report or recommendations are to be admitted in evidence without the need for any foundation. 3) Gives the GAL, at the discretion of the court, to : a) to be present for all proceedings, including in camera examinations of the child; b) issue subpoenas for records as part of his or her investigation; and c) file pleadings related to procedural matters. Effective Jan.1, 2024.

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Advocacy Tips for Parents Staying on Top of Your Child’s Education

Posted on September 12, 2023 by MickiMoran
  1. Get organized
    • Buy a folder or two. Set up an organizational system that works for you. Keep Records of communication, emails, and work samples.
    • Be clear about the communication system your school uses to track your child’s progress and assignments. If this isn’t sufficient based on your child’s needs communicate that to the school personnel and work on an alternate or supplementary system.
  2. Communication
    • Most communication should be in writing- preferably via email.
    • Be polite and professional in all communication. This does not require you to agree but don’t make it personal.
    • Be clear and concise. Long emails don’t get read.
    • Agree on the frequency of communication.
    • When appropriate, use a checklist rather than a long narrative.
    • Agree on which team member from the school will be the point of contact.
    • If it is urgent, pick up the phone.
  3. IEP meetings
    • Develop a “proposed agenda”. Circulate this to the IEP team in advance.
    • Agree on the length of the meeting and who will participate.
    • This is not the time to play “gotcha.”
    • Prioritize your concerns and what you hope your child will achieve this school year.
    • Leave the meeting with an action plan and agree on who will be responsible for any follow up.

Resources: www.understood.org

Our office is available for consultation and or representation in special education, bullying, and educational concerns. Please feel free to email us at mmoran@grundlaw.com or call (312)-640-0500.

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Specific Learning Disabilities / Dyslexia and the Science of Reading

Posted on May 17, 2023 by MickiMoran

Twenty-six years ago, I opened the Child and Family Law Center of the North Shore, now a division of Grund & Leavitt). Some of you who have known me well are aware that one of the inspirations for this law practice was my journey with my own dyslexic son. We lived in one of the most affluent and well-funded school districts in Illinois. Despite these demographics my son was not learning to read. He disliked school in first and second grades and there was little if any progress in his ability to read. He was still struggling with letter recognition and misspelled his name.  All of the experts we saw recommended the Orton -Gillingham method for dealing with his dyslexia. [1]*Schools were then as they are now reluctant to use the word dyslexia in describing a student with a reading disorder. I was fortunate that I was able to find (after a number of months on a waiting list) a skilled O-G reading tutor. Five days a week I drove 45 minutes each way to allow my son to receive an hour of instruction.

He did learn to read but not until late 5th grade at great expense to his self-esteem but with his love of learning intact. Today he is an avid reader, loved college and all things to do with learning. However, in my naiveté, I assumed that once schools understood the need for research-based interventions and the importance of early intervention for all readers this would result in massive curriculum reform. I also saw that at least this aspect of my special education practice would be a non-issue, eliminated by the wide-spread recognition of the need for science- based reading instruction.

In the year 2000, the National Reading Panel issued their report and outlined the key elements of reading instruction, notably phonics-based instruction. [2] For a time, I brought this book to IEP meetings where I represented students who were identified as dyslexic. Some educators had not heard of this study, but others had and nodded in recognition across the IEP table. However, the interventions for struggling readers remained unchanged at most school districts.

I filed due process requests for parents who were forced to seek out private schools that offered the interventions they were seeking. This litigation often resulted in a positive change for that family but didn’t usually result in district wide changes. To be clear, litigation is expensive and parents were desperate. They understood that their child’s failure to be a solid reader would have a life long negative impact. Often the choice becomes ,should parents pay for a tutor or pay legal fees for a due process hearing. Like with other disabilities, success in litigation which resulted in enhanced services and support for an individual child did not result in the hoped for system wide reform and it appeared that most school districts took the results of the National Reading Panel as suggestions rather than a call to action that they would ignore.

Several times this school year I have been at IEP meetings where when asked (as I almost always do) what research-based interventions the district was providing or proposing, the answer was often an eclectic mixture of interventions with no discussion of why this would be effective for this student. In a number of meetings the answer has been “we use the Sally Calkins curriculum.” At a recent IEP I asked if they had gotten the “ memo” discrediting this intervention. Expecting to hear that they had not heard this I offered to look up the New York Times article while we were in the meeting. I was told by the administrator in charge of the meeting that they were well- aware of that information but would not be changing the curriculum since a study needed to be undertaken if they were to consider another intervention. I was told the process would take a year or two. This is what they had and was all that was available. These problems are not confined to under-performing or poor districts. Unfortunately, the most resistance to research-based interventions for students can be found in school districts in wealthy areas where change is slow to come.

This is a national emergency. Approximately one in three children in the United States cannot read at a basic level of comprehension. The outcomes are particularly troubling for Black and Native American children. [3]

Steps to take as a Parent:

  • Request a meeting with the school in writing.
  • If you suspect your child is struggling to read request a case study evaluation in writing.
  • If your school will not evaluate or is taking a wait to fail approach, if possible, seek out a private evaluation.
  • Keep track of your child’s work and test scores.
  • Be informed
  • Seek help from an attorney or advocate to assist in securing needed services.

Selected parent resources are listed below.

[1] Rose, Tessie E; Zirkel ( December 7, 2018). “Orton-Gillingham Methodology for Students with Reading Disabilities”. (https://files.eric.ed.gov/fulltext /EJ1785952.pdf) (PDF)

[2] Langenberg,Ph.D,Daniel. “Teaching Children to Read: An Evidence -Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction”. (https://wwwnichd.nih.gov/publications /pubs/nrp/documents/documents/report.pdf) (PDF)National Reading Panel

[3] https://www.newyorktimes.com/2023/04/16/us/science-of-reading-literacy -parents.html

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MENTAL HEALTH AWARENESS

Posted on May 16, 2023 by MickiMoran

This school year has been one where student’s mental health issues have been at the top of mind in cases in our office. Regrettably, this has been a period where calls from clients often involves bullying, threats of school violence, and bringing weapons to school. These are not neatly categorized since the client may be experiencing all three issues simultaneously.

The below fact pattern is an example of numerous cases that have presented themselves to our office in the past few months:

A middle-school student in anger informed a group of students at lunch that he was thinking of shooting up the school. This student had been repeatedly bullied over the last six months and teased because he was in special education. He had been knocked down at gym and called a gay slur. The student told a teacher who encouraged him to work it out with the other boys.

The student was embarrassed to tell his parents that this was happening. He became increasingly isolated and started to complain of stomach aches and illness on many mornings.

The student was pushed down at outdoor recess and kicked by one of the boys who had been bullying him all year. No adult witnessed this event. The next day he came to school with a knife in his backpack. He told another student that he was going to hurt someone if he was bullied again. That student reported this to the School Resource Officer who searched his backpack and locker.  A knife was discovered in the pocket of his backpack. The student was suspended and faced expulsion.

This fact pattern is unfortunately not isolated and is part of a pattern that has been increasingly common this school year.

Despite much anti-bullying rhetoric from schools, it has been my experience that this is often a reactive statement but that little is done to address a culture of bullying and threats until it has reached a crisis.

What can parents do:

  • Talk to their children and model behavior.
  • If your child is the victim of bullying put your concerns in writing and insist on a plan of action from the school. (For example, implementation of a written safety plan).
  • If your child is accused of bullying insist on a meeting with the school to discuss the concerns and allegations.
  • Determine if the school has a written anti-bullying policy.
  • Request a bullying investigation in writing.

Resources:

ISBE: Student Care (217)-785-5585

https://www.isbe.net/student-care

Bullying Illinois School Code 105 ILCS 5/27-23.7

Safe2Help Illinois offers students and families a safe, confidential way in which to share information that might help prevent suicides, bullying, school violence or other threats to school safety. This program is not intended to suspend, expel, or punish students. Rather, the goal is to get students to “Seek Help Before Harm.” Safe2Help Illinois will also develop an educational curriculum aimed at changing the culture in Illinois schools while also providing the resources to help parents and educators reinforce the components of this program. 

Safe2Help Illinois is a 24/7 program where students can use a free app, text/phone, website, and other social media platforms to report school safety issues in a confidential environment. Once vetted, the tips will immediately be shared with local school officials, mental health professionals and/or local law enforcement, depending on the nature of the tip. The program also will help local officials by connecting them with mental health resources or other appropriate resources to intervene and help students before they harm themselves or others. Visit their website to learn more.

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NEW GUIDANCE HELPS SCHOOLS SUPPORT STUDENTS WITH DISABILITIES and AVOID DISCRIMINATORY USE OF DISCIPLINE

Posted on August 16, 2022 by MickiMoran

On July 19,2022, the Department of Education for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released guidance to assist public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid discriminatory use of student discipline.

These newly released resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students through pandemic recovery.

            “ All students deserve to have their rights protected, and schools deserve greater clarity on how they can avoid the discriminatory use of discipline”, said U.S. Secretary of Education Miguel Cardona. “ Too often, students with disabilities face harsh and exclusionary disciplinary action at school. The guidance we’re releasing today will help ensure that students with disabilities are treated fairly and have access to supports and services to meet their needs-including their disability- based behavior.  We also expect that districts utilize the American Rescue Plan dollars to build capacity, provide professional learning opportunities for educators and school leaders and hire additional staff. These resources will also help schools live up to their legal obligations, support an equitable recovery for all our students, and make sure that students with disabilities get the behavioral support and special education services they need to thrive. “

            The new releases reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability- based behavior.

The new resources include:

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The Minor’s Right to Confidentiality under Illinois Law

Posted on August 15, 2022 by MickiMoran

Parents are often shocked at how much control their minor child has over their mental health records. In a post-dissolution of marriage proceeding, the petitioner mother sought to restrict the father’s parenting time with their minor child based on allegations that the father would continue to interfere with the medical services necessary for the child’s mental health. The father moved for production of the child’s medical, psychiatric, psychological, and school records, and the mother objected based on the child’s statutory privilege to keep the requested records confidential and objected to disclosing the records to his father. The trial court denied the father’s entire request for production of the child’s records. The Appellate Court addressed the issues that arise in the context of divorce and post-decree matters, specifically a minor’s right to deny access to his or her mental records, whether in the context of mental health treatment by private practitioners as well as in a therapeutic day school.

The minor was seeing a therapist and attended a therapeutic day school. Father sought both the entire school records as well as the private treatment provider’s records. Mother and the child representative were both in possession of the records. The minor objected to the disclosure of these records to the father.

The Appellate Court addressed two certified questions regarding these issues. The issues raised by the modified certified questions of law are whether a trial court, in a proceeding related to a petition to restrict parenting time under section 603.10 of the Marriage Act, (750 ILCS 5/603.10 (West 2018), where the allegations involve the mental health of a child who is at least 12 but under 18 years old, may deny a parent based on the provisions of the Confidentiality Act or the best interests of the child(1) the ability to discover otherwise relevant evidence concerning the child’s mental health and therapeutic school records on the ground that the child in question does not want the evidence disclosed to one parent; (2) the ability to discover the child’s medical records concerning the child’s mental health and school records from a therapeutic school even though those records are relevant to the proceedings and the parent is entitled to have access to those records pursuant to the parties’ allocation parental allocation judgment; and (3) access to the child’s mental health and therapeutic information that the child’s representative has reviewed.

The father in this case, argued that he wasn’t seeking records from the therapist but from his former wife. The court found that the father cannot avoid the effect of the child asserting his privilege against disclosure by seeking the documents from another source besides the therapist. The court further held that this privilege is not absolute and looked to the statute for clarity.
Section 4(a)(3) of the Confidentiality Act provides:
§ 4. (a) The following persons shall be entitled, upon request, to inspect and copy a recipient’s records or any part thereof:
(3) the parents of a recipient who is at least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years of age from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any [.] (Emphasis added.) 740 ILCS 110/4(a)(3) (West 2018).

The court ruled that the father in this case was entitled to the limited information that is outlined in the statute but nothing more after petitioning the court for that access. The fact that the entire record was disclosed to the mother, or the child representative does not nullify the child’s objection to the same information to the father.

The father also sought records from the therapeutic day school where his child attended asserting that he was entitled to education records under the terms of the Allocation Judgment. The court recognized the ambiguity created by the records kept by a therapeutic school and reasoned as follows:
Section 5(f)(1) of the Student Records Act recognizes the patient-therapist privilege and keeps confidential information communicated in confidence to a psychologist or other psychotherapist, school social worker, school counselor or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist. This list of protected communications includes information communicated in confidence to a teacher of an academic subject at a therapeutic school. 105 ILCS 10/5(f)(2) (West 2020). “Construing the provisions of the Student Records Act and the Confidentiality Act harmoniously, we conclude that privileged records and communications under the Confidentiality Act do not include a minor’s grades, grade level, academic assessments, and similar information, even if that child attends a therapeutic day school. Consequently, a trial court cannot deny a parent access under section 4(a)(3) of the Confidentiality Act access to the non-privileged school records of a minor child who attends a therapeutic day school, even if that child, who is at least 12 but under 18 years of age, objects to the parents request to inspect and copy those records. Furthermore, the trial court may conduct an in-camera review to ensure that the child’s therapeutic school’s records do not contain any privileged information concerning the child’s mental health services beyond the limited information regarding the child’s current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, which the parent is entitled to receive. 740 ILCS 110/4(a)(3) (West 2018).

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