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Are Mask Mandates a Reasonable Accommodation?

In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more

OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under...

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

Governor, IDPH, and ISBE Shorten Isolation and Quarantine Timeframes and Release Updated Guidance Documents

After announcing last week its plans to adopt the CDC’s new recommended shortened timeframes for exclusion, the IDPH and ISBE released several new guidance documents making such changes. The new guidance documents, as well as...more

New OSERS Guidance on Reopening, Compensatory Services

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

ISBE and IDPH Update COVID-19 School Guidance

New Guidance Documents: - The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more

Governor’s Executive Order Requiring Exclusion of Students and School Personnel

Late Friday, Governor Pritzker issued Executive Order 2021-24 requiring schools to exclude students and school personnel for COVID-19 diagnosis, exposure, or symptoms. School districts, not the local health department, are...more

ISBE Updates Guidance on New Transition Laws

In July, the Illinois State Board of Education published non-regulatory guidance to assist schools in implementing HB 40 and HB 2748, now Public Act 102-0172 and 102-0173, respectively. The FAQ addressed many of questions...more

Remote Learning Redux

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

New Federal Guidance Reiterates Child Find Responsibilities

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

Students with Long COVID May Need Support Under Section 504 or the IDEA

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

Recent Updates from CDC, IDPH, and ISBE Provide Roadmap for Fall School Reopening

On Friday afternoon, the CDC updated its guidance for K-12 schools. Illinois public health officials quickly followed suit, with IDPH and ISBE stating that Illinois has “fully adopted” the CDC guidelines. Under the new...more

New Department of Education Report Highlights the Disparate Impacts of COVID-19 on Students

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

The Question of the Hour: Will there be remote learning this fall?

Yes, but not like last fall. On May 19, 2021, the Illinois State Board of Education adopted a Resolution Supporting In-Person Learning. The Resolution points to a definite shift to return the vast majority of students to...more

New OCR Q&A Reiterates Guidance, Promises Additional Guidance on Compensatory Services to Come

On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. ...more

COVID 19-Handbook V.2: What are the Implications for Special Education?

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

New IDEA Funding in the American Rescue Plan Act

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

Making Sense and Moving Forward: CDC and ED Department Guidance for In-Person Instruction

President Joe Biden has made returning kids to in-person learning a priority in his first 100 days, promising that guidance from the Centers for Disease Control (CDC) would help schools safely meet that goal. The...more

Is Providing Services to the Greatest Extent Possible Enough?

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

What Will a Biden-Harris Administration Mean for Special Education?

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

IDPH Updates FAQ for Schools

As the understanding of COVID-19 grows, the guidance from public health authorities continues to develop. After issuing various updates to its guidance for schools over the past weeks, IDPH has now revised its FAQ for Schools...more

Coming Soon? Districtwide COVID-19 Testing for K-12

COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more

IDPH and CDC Update Guidance on School Exclusions and Close Contacts

The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more

COVID School Landscape [Audio]

In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

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

Leadership in the Time of COVID [Audio]

School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more

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