
Special Education Law Insights
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The special education team at Franczek PC created this blog to provide timely, practical insights on special education law to school leaders. Franczek is the law firm of choice for Illinois schools, we concentrate on education, labor, and employment law, in both the public and private sectors.
Special Education Law Insights
7M ago
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 students, as well as students who are placed in residential placements by state agencies and students in the care of the DCFS or who are experiencing homelessness. Although consideration should be given to the guidance, hearing officers and courts are not required to follow it, so school districts should exercise independent judgment when making determinations on resi ..read more
Special Education Law Insights
1y ago
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 access to their education. In conjunction with the Dear Colleague Letter, the USDOE also released a guidance document, Myths and Facts Surrounding Assistive Technology Devices and Services.
In the Dear Colleague Letter, the USDOE emphasizes the importance of assistive technology in transforming education and reducing barriers in equity and accessibility. The guidance documen ..read more
Special Education Law Insights
1y ago
On May 19, 2023, the Department of Education Office for Civil Rights (OCR) and the Justice Department (DOJ) issued a joint letter addressing barriers that college students with disabilities face while accessing online services, programs, and activities—an issue that has become particularly acute since educational delivery moved online in response to the COVID pandemic. The letter acknowledges higher education’s increasing reliance on online platforms and the challenges that students with disabilities commonly encounter when engaging with these platforms. The letter also reminds insti ..read more
Special Education Law Insights
1y ago
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 interpreters and translated documents. These changes, which went into effect on February 6, 2023, are largely geared towards ensuring meaningful participation for non-native English-speaking parents in special education meetings and decision making processes These changes not only codify procedures that were already in place but also institute new responsibilities for school distri ..read more
Special Education Law Insights
1y ago
As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is fast approaching. The District’s oversight team, which must include teachers, paraprofessionals, school service personnel, and administrators, should use the updated directions, checklist, and 2023-2024 templates released by ISBE when developing their school-specific RTO Plan for reducing the use of restraint, time out, and isolated time out and procedures to implement th ..read more
Special Education Law Insights
2y ago
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 requirement does not preclude claims under the Americans with Disabilities Act (“ADA”) for money damages because the relief sought under the ADA is not one that is available under the IDEA.
Michigan’s Sturgis Public School District was alleged to have provided the student with unqualified interpreters and misrepresented his educational progress, which ultimately led to the ..read more
Special Education Law Insights
2y ago
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 number of due process complaints and mediation requests increased drastically. As we head into 2023, we want to reflect on recent trends in due process litigation to help prepare for the year ahead.
The pattern of increased litigiousness is likely the culmination of increased frustrations with the effects that remote learning and COVID-19 had on students. Parents are frustra ..read more
Special Education Law Insights
2y ago
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization this past June overturning the 1973 ruling Roe v. Wade, which established a constitutional right to abortion, these recent actions by the Department of Education’s Office for Civil Rights (OCR) provide reminders to educational institutions that Ti ..read more
Special Education Law Insights
2y ago
On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to investigate and resolve complaints under the civil rights laws it enforces, including Title IX, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973. The revised manual contains several noteworthy changes schools and colleges should be aware of, including the following highlighted below.
Definition of “complaint”
Defines “compla ..read more
Special Education Law Insights
2y ago
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 with disabilities specific to student discipline. The resources are aimed at minimizing exclusionary discipline and supporting the pandemic-related mental health needs of students, particularly those with disabilities. With respect to schools providing training on the how to address disability-based behavior and implement the guidance, U.S. Secretary of Education Mi ..read more