Kendra Berner

Kendra Berner

Franczek Radelet P.C.

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OCR Issues Guidance Reminding Charter Schools of Application of Federal Civil Rights Laws

The U.S. Department of Education’s Office for Civil Rights (OCR) is responsible for enforcing Title VI of the Civil Rights Act (prohibiting discrimination based on race, color, or national origin), Title IX of the Civil...more

6/7/2014 - Anti-Discrimination Policies Charter Schools Department of Education Disabilities Education Act Disabled Children FAPE OCR Title VII

Attorneys’ Fees Awarded To Charter School In IDEA Action

The District Court for the District of Columbia recently issued a decision awarding attorneys’ fees to a charter school (that operates as its own local education agency), finding that the parent’s attorney filed and continued...more

3/26/2014 - Attorney's Fees Charter Schools IDEA

Don’t Miss Two Changes To Special Education In The Illinois School Code

Two changes to the School Code took effect at the beginning of the 2013-2014 school year related to special education of which IEP teams should be aware. The first change relates to transition plans. ...more

10/30/2013 - IEP Public Schools Special Education

Provision Of FAPE Under The IDEA May Not Satisfy ADA For Students With Communication Impairments

In combined cases K.M. v. Tustin Unified School District and D.H. v. Poway Unified School District, the Ninth Circuit determined that although the school districts provided the students with hearing impairments with a free...more

9/18/2013 - ADA Disability IDEA Public Schools Students

Third Circuit Finds That Student Misidentified As Disabled Cannot Bring IDEA Suit Against District

The Individuals with Disabilities Education Act (IDEA) provides that the parent of a child with a disability can bring a due process complaint against a school district to address disputes related to the identification,...more

9/18/2013 - ADA Disability IDEA Misclassification Public Schools Rehabilitation Act Students

Public Employee’s Testimony Entitled To First Amendment Protection

In Chrzanowski v. Bianchi, the Seventh Circuit considered the line between private speech of public employees on a matter of public concern, which is protected under the First Amendment, and speech made pursuant to a public...more

8/22/2013 - First Amendment Free Speech Public Employees

Ninth Circuit Finds Scheduling Difficulties Do Not Excuse District From Excluding Parent From IEP Meeting

In Doug C. v. State of Hawaii Department of Education, the IEP team had placed a student with autism in a private day school for the past 6 years....more

7/23/2013 - Disability IDEA Parental Rights Private Schools Scheduling Letters Students

ISBE Proposes To Repeal Regulation Targeting Special Education Class Size And General Education Definition

Since the IDEA’s precursor, the Education for All Handicapped Children’s Act, almost 40 years ago, ISBE has regulated the size and staffing of special education classrooms....more

6/20/2013 - IDEA ISBE Public Schools Special Education

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

3/12/2013 - Due Process First Amendment Free Speech Hiring & Firing Teachers Termination

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

3/6/2013 - Arbitration Arbitration Awards Collective Bargaining Hiring & Firing Performance Reviews Termination

Look Out For Upcoming Spring Deadlines For School Districts

The spring brings a host of deadlines that school districts should be mindful of. Below are some important dates to mark on your calendar....more

2/20/2013 - Deadlines Public Schools School Districts

IHSA Under Pressure To Provide Accommodations To Student Athletes With Disabilities

Section 504 of the Rehabilitation Act provides that “No otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be...more

1/31/2013 - ADA Disability IHSA OCR Reasonable Accommodation Rehabilitation Act School Districts Section 504 Sports Students

ISBE Regulations And Guidance On Certified School Nurses: Frequently Asked Questions & Answers

In July 2012, ISBE amended its regulations addressing the qualifications required for an individual to conduct medical reviews and make recommendations based on the findings of medical reviews. Medical reviews are conducted...more

1/31/2013 - ISBE Nurses School Districts Special Education

OCR Reflects On The Work Done During The First Obama Administration

The Department of Education, Office for Civil Rights enforces federal statutes that prohibit discrimination on the basis of sex, disability, age, race, color, and national origin in programs that receive financial assistance...more

12/10/2012 - DOE OCR

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