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Are Mask Mandates a Reasonable Accommodation?

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

OSERS Guidance on Assistive Technology

In this third blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on an issue of special importance during and subsequent to...more

OSERS Guidance Encourages Collaboration and Creativity for IEP Teams

In this second blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on two questions relevant to this time of transition and...more

ISBE Updates Guidance on New Transition Laws

In July, the Illinois State Board of Education published non-regulatory guidance to assist schools in implementing HB 40 and HB 2748, now Public Act 102-0172 and 102-0173, respectively. The FAQ addressed many of questions...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

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 IDEA Funding in the American Rescue Plan Act

The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I...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

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more

What Are Hearing Officers Saying about Remote Learning?

Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more

Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?

While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as...more

“Extended School Year” When the Regular School Year Wasn’t Finished

Just as remote learning has become the new normal, we turn to planning for ESY and the 2020-21 school year. While the timeline for returning to school buildings remains uncertain, the eligibility of some students with...more

Hawaii Comp Ed Class Action: Don’t Panic. Plan.

And so it begins. While we have encouraged schools to focus on meeting student needs during the school closure and planning to meet student needs when we return to school buildings, we knew the temptation to jump ahead to...more

Special Education and Remote Learning: Back to Basics

After three weeks of being out of school buildings and one week of remote learning, we can all see that the IDEA was not written for pandemics and widespread school closures. While requests for IDEA flexibility have been...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts

The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...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

Disciplinary Protections for Students Not Determined Eligible for Special Education – Wait. How Does That Work?

As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not...more

DOL Gives Working Parents FMLA Pass to Attend Children’s Special Education Meetings

In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent.  The parent sought an opinion on whether the...more

ISBE Updates Special Education Notice of Procedural Safeguards

The Illinois State Board of Education (ISBE) issued a revised version of its Notice of Procedural Safeguards for Parent/Guardians with Disabilities shortening the time for response to a student records request unless an...more

Supreme Court Refines Legal Standard for Special Education

Thirty five years ago, in Board of Education of Hendricks Hudson District v. Rowley, the Supreme Court ruled that, under the Individuals with Disabilities Education Act, schools must provide students with an individualized...more

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