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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more
IEP stands for Individualized Education Program, which is a personalized plan developed for students with disabilities. IEP goals are specific targets designed to address the unique educational needs of each student. These...more
As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to...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
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
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
It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”). The Individuals with Disabilities Education Act (“IDEA”) provides a process...more
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
On August 14, 2020, the Ohio Department of Education’s Office of Exceptional Children (OEC) released an updated Reset and Restart guidance for serving students with disabilities, along with updated guidelines for telehealth....more
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
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
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
In an August 2019 opinion letter, the U.S. Department of Labor ("DOL") clarified whether attending a meeting to discuss the Individualized Education Program ("IEP") of an employee’s child is a qualifying reason for the...more
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
On August 8, 2019, the Department of Labor (DOL) issued an opinion letter confirming that a parent is entitled to time off under the Family and Medical Leave Act (FMLA) to attend a meeting at school to discuss his or her...more
If an employee asks for time off to attend a meeting at his or her child’s school, is that covered by FMLA? Maybe not but it depends on the nature of the meeting. If the child is disabled and the school meeting is for the...more
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
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
Public schools are required to create an Individualized Education Program (IEP) for each child receiving special education services. This legally binding document outlines the educational program and special services that a...more
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
On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more