News & Analysis as of

Free Appropriate Public Education (FAPE) Office of Civil Rights

Kohrman Jackson & Krantz LLP

How to Handle Bullying of Your Child with Special Needs

Every school year, we receive calls from parents asking about how they can protect their child from being bullied. Bullying is a serious problem for any child. However, bullying is particularly a concern for children with...more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Franczek P.C.

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

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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.

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

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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

Franczek P.C.

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

Franczek P.C. on

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

Franczek P.C.

Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning

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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.

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

Franczek P.C. on

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

Franczek P.C.

Bullying and Special Education in the New Decade: What You Need to Know

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We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways....more

Rumberger | Kirk

US Supreme Court Determines Scope of the Administrative Exhaustion Requirement Under the Individuals with Disabilities Education...

Rumberger | Kirk on

In Fry v. Napoleon Community Schools, No. 15-497, 2017 WL 685533 (U.S. Feb. 22, 2017), the United States Supreme Court held that administrative exhaustion under the Individuals with Disabilities Education Act was unnecessary...more

Franczek P.C.

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

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The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

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