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
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
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
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
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
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
3/10/2020
/ Disabled Children ,
Educational Institutions ,
FERPA ,
First Amendment ,
Free Speech ,
Hostile Environment ,
IDEA ,
Independent Educational Evaluation ,
Individualized Education Programs (IEPs) ,
Special Education ,
Students
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
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
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
9/20/2019
/ Disability Discrimination ,
Disabled Children ,
Educational Institutions ,
Handbooks ,
Independent Educational Evaluation ,
Individualized Education Programs (IEPs) ,
Online Platforms ,
Posting Requirements ,
Regulatory Reform ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Websites
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
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