News & Analysis as of

Individualized Education Programs (IEPs)

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

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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

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

Marshall Dennehey on

Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

Kohrman Jackson & Krantz LLP

Crafting Effective IEP Goals for Student Success

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

Mandelbaum Barrett PC

Intellectual and Developmental Disability: What is an IDD?

Mandelbaum Barrett PC on

Intellectual or developmental disability, known as IDD, affects approximately 7.39 million people in the United States, according to a 2019 estimate by the University of Minnesota. Typically present at birth or onsetting in...more

Franczek P.C.

Department of Education Dear Colleague Letter Provides Updated AT Device Guidance

Franczek P.C. on

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

Chambliss, Bahner & Stophel, P.C.

Should You Hire a Special Education Advocate?

The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3...more

Weber Gallagher Simpson Stapleton Fires &...

Back to School and Co-Parenting

It is back to school time and parents should be prepared to understand their rights and responsibilities as it relates to custody. Most custodial agreements provide for shared legal custody. As a result, both parents not only...more

Kohrman Jackson & Krantz LLP

COVID Learning Losses and IDEA Remedies: What Parents Must Know

School aged children lost much in the pandemic, including critical learning time in the classroom, social development, mental health, extracurricular activities, and much more. According to a 2023 study published in the...more

Husch Blackwell LLP

U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

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On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and...more

Franczek P.C.

New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

Franczek P.C. on

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

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

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Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Franczek P.C.

Trends in Due Process Litigation

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Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...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

Pullman & Comley - School Law

Developments from the 2022 Session of the Connecticut General Assembly Affecting Public Schools

The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. The following is a brief description of acts that were passed by the General Assembly that may be of interest to Connecticut’s K-12...more

Franczek P.C.

Governor Pritzker Signs Two New Special Education Laws Regarding Placement and Interpretation Services

Franczek P.C. on

Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved...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.

OSERS Guidance on Assistive Technology

Franczek P.C. on

In this third blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on an issue of special importance during and subsequent to...more

Franczek P.C.

OSERS Guidance Encourages Collaboration and Creativity for IEP Teams

Franczek P.C. on

In this second blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on two questions relevant to this time of transition and...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.

2021 Legislative Update Summary of Changes in School Law

Franczek P.C. on

GENERAL  - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021  Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more

Franczek P.C.

New Year, New Laws

Franczek P.C. on

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

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

Harris Beach PLLC

Governor Cuomo Signs New Law that Allows Certain Students with Disabilities to Remain in School Until Age 23 Following COVID

Harris Beach PLLC on

In a previous Harris Beach legal alert, we reported that the New York State Education Department (NYSED) issued a guidance document strongly encouraging school districts to provide students with disabilities an opportunity...more

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