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IDEA Department of Education

Franczek P.C.

Department of Education Dear Colleague Letter Provides Updated AT Device Guidance

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On January 22, 2024, the United States Department of Education (“USDOE”) issued a Dear Colleague Letter regarding supporting students with disabilities who require assistive technology (“AT”) in order to receive meaningful...more

Manatt, Phelps & Phillips, LLP

CMS Issues Guidance on Medicaid and CHIP Services in School-Based Settings

On May 18, 2023, the CMS, in consultation with the DOE, released new guidance to support state Medicaid and Children’s Health Insurance Program (CHIP) agencies (SMAs), state education agencies (SEAs), and local education...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Roetzel & Andress

Section 504 Notice of Proposed Rulemaking Expected August 2023

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In May 2022, the U.S. Department of Education announced that it intended to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of 1973...more

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

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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

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Stimulus Package Includes $170 Billion for Education

The American Rescue Plan Act of 2021 adds funding and new programs for institutions of higher education. Appropriates approximately $170 billion for education, including more than $122 billion for elementary and secondary...more

Franczek P.C.

Secretary DeVos Rejects Extensive Waivers to Special Education Requirements, Leaving Core of IDEA Intact

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Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. ...more

Franczek P.C.

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

Franczek P.C. on

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

Husch Blackwell LLP

Federal COVID-19 Resources For Education Institutions

Husch Blackwell LLP on

The outbreak of the novel coronavirus (COVID-19) has presented unprecedented challenges for public and private educational institutions across the country. As schools evaluate how to move forward, Husch Blackwell and our...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

Jackson Lewis P.C.

Department Of Education Issues Guidance On Students With Disabilities, Privacy During COVID-19 Pandemic

Jackson Lewis P.C. on

The U.S. Department of Education (DOE) has issued guidance to assist educators and educational institutions to ensure that students with disabilities continue to receive services mandated by the Individuals with Disabilities...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

Pullman & Comley - School Law

United States Department Of Education Issues Letter Guidance Regarding Private Evaluator’s Access To Classrooms For Student...

Once again, the Department of Education, Office of Special Education and Rehabilitative Services (“OSERS”) has weighed in on the rights of school districts to limit outside evaluators from accessing school classrooms. The...more

Husch Blackwell LLP

Special Education “Clean Up” From ED: Trump Administration Rescinds 72 Special Education Guidance Documents

Husch Blackwell LLP on

On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the...more

Husch Blackwell LLP

Department Of Education Releases Guidance On IDEA, FAPE, And Endrew F.

Husch Blackwell LLP on

On December 7, 2017, the U.S. Department of Education (ED) released a question-and-answer document on the Supreme Court’s 2017 opinion in Endrew F. v. Douglas County School District, 580 U.S., 137 S.Ct. 988 (2017) (“Endrew”)....more

Mintz - ML Strategies

ML Strategies 2018 Outlook: Education

Mintz - ML Strategies on

While education issues are expected to be major priorities in Congress throughout 2018, Congressional leadership left town last year still unable to come to an agreement on the funding of Cost Sharing Reductions (CSRs) and...more

Roetzel & Andress

Increased Focus For School Website Accessibility

Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

Franczek P.C.

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

Franczek P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...more

Best Best & Krieger LLP

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Franczek P.C.

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

Franczek P.C. on

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

Franczek P.C.

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

Franczek P.C. on

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

McGuireWoods LLP

Federal Judge Reverses Own Ruling on Release of Student Data

McGuireWoods LLP on

“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’ lawyers. ...more

Franczek P.C.

U.S. Department of Education Issues More Guidance on ESSA

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The U.S. Department of Education (“ED”) recently issued a second Dear Colleague Letter interpreting the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA”) and...more

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