Today, the President signed a $2 trillion stimulus package into law to help industries impacted by coronavirus disease 2019 (COVID-19). The package includes a $30 billion Education Stabilization Fund for K-12 school districts...more
In the week since the Governor of Illinois shut down Illinois public schools in response to the growing threat of coronavirus disease 2019 (COVID-19), school districts across the state have risen to the challenge of educating...more
The number of schools, colleges, and universities with students who test positive for coronavirus 2019 (COVID-19) is on the rise. Do you know what information you can—and cannot—share with members of your community and public...more
From federal guidance addressing FERPA and the School Safety Commission Report and DOE withdrawal of discipline guidance to Illinois law requiring threat assessment teams and the creation of the Illinois Educational Safety...more
2/26/2020
/ Best Practices ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Policies and Procedures ,
Public Safety ,
Safety Management Systems ,
Safety Precautions ,
Safety Standards ,
School Safety ,
Students ,
Threat Management ,
Trump Administration
The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the...more
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
10/23/2019
/ Bullying ,
Complaint Procedures ,
Due Process ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Internal Communications ,
Internal Investigations ,
Liability ,
OCR ,
Required Documentation ,
Risk Mitigation ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Vulnerable Victims
The U.S. Supreme Court heard oral arguments on October 8 in three closely watched cases addressing whether Title VII, which prohibits employment discrimination “because of … sex,” covers discrimination based on LGBT...more
10/17/2019
/ Altitude Express Inc v Zarda ,
Athletes ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Oral Argument ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Students ,
Title VII ,
Transgender
On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more
9/25/2019
/ Charter Schools ,
Child Abuse ,
Criminal Convictions ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Report ,
Felons ,
Hiring & Firing ,
Internal Investigations ,
ISBE ,
License Suspensions ,
Licensing Rules ,
New Legislation ,
Policies and Procedures ,
Professional Development ,
Public Acts ,
Reporting Requirements ,
Safety Standards ,
Sex Offenders ,
State and Local Government ,
Students
Recent reports show that student homelessness is at an all-time high, and growing at exponential rates. Yet when we at Franczek conduct trainings of school and school district employees on residency issues, we find that it’s...more
The Future of Privacy Forum (FPF), which is a nonprofit organization focused on data privacy, recently issued a useful two-page “primer” for schools on disclosure of information during school emergencies....more
The Firearm Concealed Carry Act (CCA) went into effect in 2013. One of its provisions requires a principal or designee to make a report to the Illinois Department of State Police (ISP) “when a student is determined to pose a...more
The Illinois State Board of Education (“ISBE”) recently issued guidance addressing Homeless Dispute Resolution Procedures. This newly released document is intended to “bring clarity, fairness and consistency” to the dispute...more
Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more
9/27/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Due Process ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On August 1, 2016, the United States Department of Education’s Office of Special Education and Rehabilitative Services and Office of Special Education Programs issued a Dear Colleague Letter suggesting that, in many cases, a...more
Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more
Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more
The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more
As we previously reported in a FR Alert, the new School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law requires public school principals and chief administrative officers of private...more
The Firearm Concealed Carry Act, Public Act 98-0063, which became effective July 9, 2013, contains a new reporting requirement for school principals of which all school districts and private schools should be aware. Under the...more
The Illinois Appellate Court recently held that a superintendent, principal, and board of education were immune from liability for a parent’s claims regarding the alleged bullying of her daughter. In Hascall v. Williams,...more
On August 20, 2013, the Office of Special Education and Rehabilitative Services (OSERS) released a “Dear Colleague Letter” providing an overview of school districts’ responsibilities under the Individuals with Disabilities...more
At the close of the last legislative session, the General Assembly passed two legislative actions calling for the development of new studies on charter schools. ...more
On January 25, 2013, the Office of Civil Rights of the U.S. Department of Education (OCR) issued a “Dear Colleague Letter” instructing school districts on their responsibilities to serve students with disabilities in...more
Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more