On Friday afternoon, the CDC updated its guidance for K-12 schools. Illinois public health officials quickly followed suit, with IDPH and ISBE stating that Illinois has “fully adopted” the CDC guidelines. Under the new...more
Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more
In this immediate post-COVID-19 education landscape in which schools are contemplating a full return to in-person instruction, schools are also grappling with the stark realities of achievement gaps and the disproportionate...more
6/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Education ,
Disabled Children ,
Disparate Impact ,
Distance Learning ,
Educational Institutions ,
Equal Access ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Special Education ,
Students
On May 30, 2021, SB1577 passed both houses and, if signed by the Governor, will amend the School Code to reflect that the mental or behavioral health of a student is a “valid cause” for absence from school. Currently, valid...more
Just hours before the conclusion of the spring legislative session, the Illinois General Assembly passed two bills that will significantly impact students who receive services until age 22. The first, HB40, impacts students...more
6/3/2021
/ Disabled Children ,
Educational Institutions ,
Eligibility Determination ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Public Schools ,
Regulatory Agenda ,
Special Education ,
State and Local Government ,
Students ,
Transitional Arrangements
On May 30, 2021, the Illinois legislature passed HB219, which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may...more
6/3/2021
/ Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Policies and Procedures ,
Regulatory Oversight ,
Regulatory Standards ,
Restraints ,
Special Education ,
Students
Yes, but not like last fall. On May 19, 2021, the Illinois State Board of Education adopted a Resolution Supporting In-Person Learning. The Resolution points to a definite shift to return the vast majority of students to...more
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
The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator...more
Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more
ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including...more
Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more
After months of hearings on educational policies aimed at addressing racial inequities in education and a short lame duck session, the Black Caucus’s education bill has passed both houses and now awaits the Governor’s...more
The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months, districts and schools...more
Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more
12/2/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Policies and Procedures ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
State and Local Government ,
Students
While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more
11/12/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Disabled Children ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
OCR ,
Policy Drafting ,
Political Appointments ,
Public Schools ,
Restraints ,
Special Education ,
Students
COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more
The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more
10/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Guidance Update ,
Infectious Diseases ,
Public Health Emergency ,
Public Schools ,
School Closures ,
Students ,
Virus Testing
A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more
In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more
10/8/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Crisis Management ,
Health and Safety ,
Infectious Diseases ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities
School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...more
Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more
9/21/2020
/ Coronavirus/COVID-19 ,
Distance Learning ,
Due Process ,
Educational Institutions ,
Government Lockdown ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Remote Learning ,
School Closures ,
Special Education ,
Students
While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as...more
Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more
ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE...more