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OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

ISBE Releases Guidance on New Transition Laws

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

Two New Bills Offer Extended Special Education Services to Transition Students

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

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Illinois Health Department FAQ Leaves Many Unanswered Questions For Schools

On August 12, 2020, the Illinois Department of Public Health (IDPH) issued a “Frequently Asked Questions (FAQ)” for Schools.” In a statement by the Illinois State Board of Education (ISBE) to stakeholders that same day, ISBE...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

Planning for Return to In-Person Instruction: Special Education Considerations

ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more

Prepare for Special Education Procedural Changes Enacted in New Remote Learning Law

We recently let you know about a pending bill that would make changes to several special education procedures. Senate Bill 1569 has now been signed by Governor Pritzker as PA 101-0643....more

New Bill Would Bring More Changes to Special Education Procedures

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

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

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

Threat Assessments: Three Key Issues for Illinois Schools

Is your school threat assessment team in place and ready to act in order to meet upcoming legal deadlines? Does it understand the interaction between threat assessments and special education evaluations? Is it adequately...more

Fighting Friendly Fire in Your IEP: Avoiding Internal Challenges to IDEA Compliance

On October 17, 2019, Franczek P.C. Special Education team members Dana Fattore Crumley and Emily Tulloch presented at the IAASE 2019 Fall Conference on Fighting Friendly Fire in your IEP: Avoiding Internal Challenges to IDEA...more

Opening the Floodgates? IL Law Requires Notice That Non-IEP-Eligible Students May Qualify for 504

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

Don’t Miss the Boat After Missed Services! What to Do Under HB 3586

A speech pathologist goes out on unexpected medical leave. Three paraprofessionals quit in one week. A special education teacher is abducted by aliens and no substitutes are available. Sometimes staff absences are...more

From R2-D2 to Paraprofessional? Legal Considerations When Robots are in the Classroom

You may have seen a recent article from the National School Boards Association about robots in the classroom. If not, it a good and short read, particularly regarding the pedagogical questions to ask before employing...more

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