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Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

New Federal Guidance Reiterates Child Find Responsibilities

Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be...more

New Year, New Laws

Welcome to the 2021-2022 school year! As we begin, special education leaders should take note of several new laws recently signed by the Governor. We have been talking a lot about HB 40 and HB 2748, which extend transition...more

Students with Long COVID May Need Support Under Section 504 or the IDEA

On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to...more

New Department of Education Report Highlights the Disparate Impacts of COVID-19 on Students

In this immediate post-COVID-19 education landscape in which schools are contemplating a full return to in-person instruction, schools are also grappling with the stark realities of achievement gaps and the disproportionate...more

Mental Health and Behavioral Health Days – Are Your Child Find Senses Tingling?

On May 30, 2021, SB1577 passed both houses and, if signed by the Governor, will amend the School Code to reflect that the mental or behavioral health of a student is a “valid cause” for absence from school. Currently, valid...more

Two New Bills Offer Extended Special Education Services to Transition Students

Just hours before the conclusion of the spring legislative session, the Illinois General Assembly passed two bills that will significantly impact students who receive services until age 22.  The first, HB40, impacts students...more

Proposed Amendments to Special Education Rules Have Two Curious Provisions

ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including...more

New Rules for Qualified Interpreters in Effect

ISBE has adopted new rules to support parent participation in IEP meetings by requiring districts to arrange for and fund “qualified interpreters” for parents whose native language is other than English. We have heard concern...more

Is Providing Services to the Greatest Extent Possible Enough?

The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months,  districts and schools...more

What Will a Biden-Harris Administration Mean for Special Education?

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more

Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous...more

What Did I Miss? Recap of IAASE Presentation on Special Education Evaluations and Threat Assessments

You probably will not be surprised to learn that students with disabilities are more likely than their general education peers to be referred for a threat assessment. Indeed, students who have deficits in social...more

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural...more

Are Extended Special Education Services Coming to Illinois?

IAASE recently reported that HB 3897 is currently making its way through the Illinois legislative process. This bill would expand special education eligibility to students through the school year in which they turn 22....more

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more

OSERS Issues Special Education Guidance

The Office of Special Education and Rehabilitation Services (OSERS), part of the United States Department of Education, recently issued two Dear Colleague letters, one related to students with dyslexia, dyscalculia, and...more

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

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