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
4/26/2022
/ Disabled Children ,
Educational Institutions ,
Equal Protection ,
Negligence ,
School Districts ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Special Education ,
Students ,
Title IX
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more
In response to the chronic and acute shortage of approved residential placements for Illinois students with special needs, ISBE announced on Monday two steps to provide some, limited relief....more
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
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
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
10/21/2021
/ Coronavirus/COVID-19 ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Special Education ,
Students
GENERAL -
Public Act 101-0654 -
Education Omnibus Bill -
Effective: March 8, 2021 Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more
10/5/2021
/ Absenteeism ,
Child Abuse ,
Educational Institutions ,
FAFSA ,
Financial Literacy ,
Individualized Education Programs (IEPs) ,
ISBE ,
Naturalization ,
Policy Statement ,
Property Tax ,
Public Acts ,
Regulatory Reform ,
Sexual Abuse ,
Special Education ,
Students
Last week, ISBE published long-awaited guidance related to remote learning for the 2021-2022 school year. We have been anticipating this guidance since early in the summer when ISBE announced that school would, with limited...more
9/7/2021
/ Coronavirus/COVID-19 ,
Crisis Management ,
Distance Learning ,
Educational Institutions ,
Emergency Management Plans ,
Infectious Diseases ,
ISBE ,
Public Health Emergency ,
School Closures ,
Special Education ,
Students
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
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
Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. ...more
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
6/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Education ,
Disabled Children ,
Disparate Impact ,
Distance Learning ,
Educational Institutions ,
Equal Access ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Special Education ,
Students
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
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
On May 30, 2021, the Illinois legislature passed HB219, which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may...more
6/3/2021
/ Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Policies and Procedures ,
Regulatory Oversight ,
Regulatory Standards ,
Restraints ,
Special Education ,
Students
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 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
3/17/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
New Legislation ,
Relief Measures ,
School Districts ,
Special Education ,
Title I ,
Underserved Locations
ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including...more
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
In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...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
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
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
9/21/2020
/ Coronavirus/COVID-19 ,
Distance Learning ,
Due Process ,
Educational Institutions ,
Government Lockdown ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Remote Learning ,
School Closures ,
Special Education ,
Students