News & Analysis as of

Free Appropriate Public Education (FAPE) Individualized Education Programs (IEPs) Educational Institutions

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

New OSERS Guidance on Reopening, Compensatory Services

Franczek P.C. on

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

Franczek P.C.

ISBE Releases Guidance on New Transition Laws

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning

Franczek P.C. on

In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...more

Franczek P.C.

“Extended School Year” When the Regular School Year Wasn’t Finished

Franczek P.C. on

Just as remote learning has become the new normal, we turn to planning for ESY and the 2020-21 school year. While the timeline for returning to school buildings remains uncertain, the eligibility of some students with...more

Franczek P.C.

ISBE Issues FAQ Regarding Special Education During Remote Learning

Franczek P.C. on

In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a...more

Franczek P.C.

Special Education and Remote Learning: Back to Basics

Franczek P.C. on

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

Franczek P.C.

Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts

Franczek P.C. on

The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more

Franczek P.C.

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

Franczek P.C. on

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

Pullman & Comley - School Law

What If Your District Shuts Down and Cannot Meet the 180 School Day Minimum for Instruction?

As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...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.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

Franczek P.C. on

When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more

Franczek P.C.

Illinois Elementary School District Must Pay Over $300,000 in Tuition and Related Expenses, Including Future High School Tuition,...

Franczek P.C. on

An Illinois hearing officer recently took the rare step of requiring an elementary school district to pay for a former student’s entire high school tuition and related expenses at an out-of-state private boarding school for...more

Franczek P.C.

Supreme Court Will Review Two Special Education Cases this Term

Franczek P.C. on

The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more

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