In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more
2/8/2022
/ Appeals ,
Certiorari ,
Coaches ,
Disciplinary Proceedings ,
Employment Litigation ,
Establishment Clause ,
First Amendment ,
Football ,
Free Speech ,
Freedom of Religion ,
Prayer ,
Public Employees ,
Public Schools ,
School Districts ,
SCOTUS
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
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
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
8/24/2021
/ Disabled Children ,
Disciplinary Proceedings ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
Mental Health ,
New Legislation ,
Public Schools ,
Regulatory Requirements ,
Remote Learning ,
Special Education ,
Students ,
Website Accessibility
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
6/3/2021
/ Disabled Children ,
Educational Institutions ,
Eligibility Determination ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Public Schools ,
Regulatory Agenda ,
Special Education ,
State and Local Government ,
Students ,
Transitional Arrangements
Yes, but not like last fall. On May 19, 2021, the Illinois State Board of Education adopted a Resolution Supporting In-Person Learning. The Resolution points to a definite shift to return the vast majority of students to...more
The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator...more
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
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
11/12/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Disabled Children ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
OCR ,
Policy Drafting ,
Political Appointments ,
Public Schools ,
Restraints ,
Special Education ,
Students
The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more
10/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Guidance Update ,
Infectious Diseases ,
Public Health Emergency ,
Public Schools ,
School Closures ,
Students ,
Virus Testing
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
10/5/2020
/ Coronavirus/COVID-19 ,
Disability Discrimination ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
OCR ,
Public Schools ,
Quarantine ,
Remote Learning ,
Section 504 ,
Special Education
Less than a year ago, Public Act 101-0515 sent Illinois special educators scrambling to comply with an array of new procedural requirements. Now, as if you aren’t dealing with enough challenges related to remote learning and...more
In Illinois, the School Safety Drill Act requires K-12 public and private educational facilities to conduct several types of safety drills, including law enforcement drills, to address potential evacuation or lock-down...more
3/11/2020
/ Educational Institutions ,
Emergency Management Plans ,
Emergency Response ,
Mass Shootings ,
Private Schools ,
Public Safety ,
Public Schools ,
Risk Management ,
Safety Management Systems ,
Safety Precautions ,
Safety Training ,
School Districts ,
School Safety ,
School Shootings ,
Students
On February 14, 2020, ISBE issued notice that it will no longer provide reimbursement for students placed at non-approved special education facilities, even if the placement is ordered by a hearing officer. In a brief...more
School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more
2/19/2020
/ Colleges ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Transfers ,
Educational Institutions ,
Electronic Protected Health Information (ePHI) ,
FERPA ,
Health Care Providers ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
New Guidance ,
Patient Privacy Rights ,
PHI ,
Private Schools ,
Public Schools ,
Regulatory Standards ,
Student Privacy ,
Student Records ,
Universities
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
12/10/2019
/ Disabilities ,
Disabled Children ,
IDEA ,
Individualized Education Programs (IEPs) ,
Legislative Agendas ,
Public Schools ,
Regulatory Agenda ,
Required Documentation ,
Rulemaking Process ,
Special Education ,
Students
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
12/4/2019
/ Disabled Children ,
Educational Institutions ,
Eligibility ,
Eligibility Determination ,
Free Appropriate Public Education (FAPE) ,
Legislative Agendas ,
Proposed Regulation ,
Public Schools ,
Special Education ,
State and Local Government ,
Students
When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more
11/12/2019
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Assistive Animals ,
Certification Requirements ,
Disability Discrimination ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Public Schools ,
Reasonable Accommodation ,
Service Animals ,
Students
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed...more
You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more
10/1/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Disability Discrimination ,
Emergency Access ,
Emergency Management Plans ,
Emergency Response ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
Medical Marijuana ,
Minor Children ,
New Legislation ,
Proposed Legislation ,
Public Schools ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
School Policies ,
Students
Although months have passed since a new law addressing public education funding in Illinois was signed, confusion lingers over the impact of the law on the instructional day for students....more
Starting on August 1st, students with medical marijuana cards may be administered cannabis products at school.
Known as Ashley’s Law, the School Code now allows students to be given medical cannabis infused products at...more
8/10/2018
/ Charter Schools ,
Decriminalization of Marijuana ,
Educational Institutions ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
State and Local Government ,
Students
As the looming threat of a government shutdown becomes more real, we briefly review prior shutdowns and provide guidance on what employers and educators might anticipate. Government shutdowns are not as rare an occurrence as...more
1/22/2018
/ Customs and Border Protection ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Budget ,
Foreign Workers ,
Government Shutdown ,
Immigration Procedures ,
Labor Condition Applications ,
NLRB ,
PBGC ,
PERM ,
Public Schools ,
USCIS
The Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more
2/23/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Educational Institutions ,
Exhaustion Doctrine ,
Free Appropriate Public Education (FAPE) ,
Fry v Napoleon Community Schools ,
IDEA ,
Public Schools ,
SCOTUS ,
Section 504 ,
Service Animals ,
Special Education ,
Students