News & Analysis as of

Disabled Children Free Appropriate Public Education (FAPE)

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Franczek P.C.

New Federal Guidance Reiterates Child Find Responsibilities

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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

Nelson Mullins Riley & Scarborough LLP

US DOE Issues New IDEA Guidance on COVID-19, Child Find, and FAPE

The U.S. Department of Education (DOE) released new guidance on Aug. 24 related to school districts’ child find obligations during the pandemic as well as ongoing responsibilities to provide students with disabilities a Free...more

Franczek P.C.

Is Providing Services to the Greatest Extent Possible Enough?

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

Are Extended Special Education Services Coming to Illinois?

Franczek P.C. on

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

Clark Hill PLC

Court Case Shows Importance of Monitoring Student Progress Under an IEP

Clark Hill PLC on

A recent decision by the United States Sixth Circuit Court of Appeals underscored the importance of monitoring and ensuring the progress of special education students under their Individualized Education Plans (“IEP”), and...more

Fisher Phillips

Supreme Court Increases School Standards For Students With Disabilities

Fisher Phillips on

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

Franczek P.C.

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

Franczek P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

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