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Considerations for Law Enforcement Referrals

School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more

The Illinois Attorney General and ISBE Release Non-Discriminatory Student Discipline Guidance

The Office of the Illinois Attorney General and the Illinois State Board of Education (ISBE) recently issued new non-regulatory guidance to assist public K-12 school districts with applying student discipline policies in a...more

ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more

Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more

New Title IX Series: Refresher on the Roles and Responsibilities of Your Title IX Team

As we noted in our last blog post, the Biden administration recently announced plans to propose amendments to the Title IX regulations by April 2022. While this deadline is fast approaching, before you start thinking about...more

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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

ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more

Biden Administration to Propose New Title IX Rules by April 2022

As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced  its intention to...more

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

United States Supreme Court Hears Argument in Historic Student Speech Case

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more

OCR Blog Offers Additional Insight on New Title IX Rule Requirements

As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more

Why Your Next OCR Title IX Complaint May Feel Like A Lawsuit

One of the biggest changes from the new Title IX regulations issued by the Department of Education last week is that, beginning in August 2020, OCR’s complaint findings will be based on standards very similar to those used by...more

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more

ISBE Adopts Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Last fall, in response to serious concerns raised about the use of isolated time out and physical restraint in schools, ISBE issued emergency rules to limit the use of those behavior management techniques. ...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Title IX Lessons from DOE Report Finding Clery Act Violations at UNC

The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on...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

Illinois House and Senate Pass New Legislation Substantially Altering Procedures for Law Enforcement Questioning and Detainment on...

On June 1, 2019, the Illinois House voted to pass House Bill 2627, which would amend the Illinois School Code to require schools to notify parents and take reasonable steps to include parents or school mental health...more

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