A recent Illinois Office of Civil Rights (“OCR”) investigation, In re: City of Chicago, found in favor of the school district and substantiated the District’s reporting to the Department of Children and Family Services (“DCFS”) of a parent for alleged medical neglect due to the parent’s failure to have her child assessed at a community crisis center. The parent filed an OCR complaint against the school district, claiming their reporting was in retaliation to her previous advocacy for special education services for her child. OCR found that the parent did not meet the criteria for a retaliation claim, as she did not: 1) Prove the district acted adversely against her, or 2) Prove the adverse action had a causal connection to her previous advocacy. As the student had exhibited “frequent” violent behaviors, caused physical harm to her dedicated aide, and voiced homicidal ideations, OCR found that the District’s referral for a mental health assessment was appropriate, and that the mother’s refusal (on two occasions) to have her child assessed was, in fact, grounds for a referral to DCFS for potential medical neglect.
February 2020
