When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more
11/12/2019
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Assistive Animals ,
Certification Requirements ,
Disability Discrimination ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Public Schools ,
Reasonable Accommodation ,
Service Animals ,
Students
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
As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not...more
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
10/2/2019
/ Cannabis Products ,
Charter Schools ,
Educational Institutions ,
FOIA ,
Human Rights ,
Individualized Education Programs (IEPs) ,
Marijuana ,
Mental Health ,
Military Service Members ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Public Accommodation ,
Public Acts ,
Risk Assessment ,
Safety Precautions ,
Salary/Wage History ,
School Boards ,
School Districts ,
School Restrooms ,
Sex Offenders ,
Special Education ,
State Budgets ,
Students ,
Teachers ,
Threat Management ,
Wage and Hour
You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed...more
You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already,...more
10/1/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Disability Discrimination ,
Emergency Access ,
Emergency Management Plans ,
Emergency Response ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
Medical Marijuana ,
Minor Children ,
New Legislation ,
Proposed Legislation ,
Public Schools ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
School Policies ,
Students
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
With all the hub-bub about HB 3586, you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. ...more
9/20/2019
/ Disability Discrimination ,
Disabled Children ,
Educational Institutions ,
Handbooks ,
Independent Educational Evaluation ,
Individualized Education Programs (IEPs) ,
Online Platforms ,
Posting Requirements ,
Regulatory Reform ,
School Districts ,
Section 504 ,
Special Education ,
Students ,
Websites
A speech pathologist goes out on unexpected medical leave. Three paraprofessionals quit in one week. A special education teacher is abducted by aliens and no substitutes are available. Sometimes staff absences are...more
In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent. The parent sought an opinion on whether the...more
As we reported in December 2018, changes to the length of the instructional day for students in Illinois brought confusion and concern. Public Act 100-0465, or the Evidence-Based Funding for Student Success Act, removed...more
On the heels of a report by the Federal Commission on School Safety suggesting that many school leaders remain confused about the ability to share student identifying information during an emergency situation, the Department...more
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
Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more
Although months have passed since a new law addressing public education funding in Illinois was signed, confusion lingers over the impact of the law on the instructional day for students....more
Starting on August 1st, students with medical marijuana cards may be administered cannabis products at school.
Known as Ashley’s Law, the School Code now allows students to be given medical cannabis infused products at...more
8/10/2018
/ Charter Schools ,
Decriminalization of Marijuana ,
Educational Institutions ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
State and Local Government ,
Students
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 Supreme Court issued its opinion in Fry v. Napoleon yesterday. The case asked the court to interpret the IDEA provision stating that the Act does not limit the rights or remedies available under the Americans with...more
2/23/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Educational Institutions ,
Exhaustion Doctrine ,
Free Appropriate Public Education (FAPE) ,
Fry v Napoleon Community Schools ,
IDEA ,
Public Schools ,
SCOTUS ,
Section 504 ,
Service Animals ,
Special Education ,
Students
The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more
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
8/11/2016
/ Dear Colleague Letter ,
Department of Education ,
Disability ,
Discrimination ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
OCR ,
Public Schools ,
Rehabilitation Act ,
Section 504 ,
Students
The Department of Education recently issued three pieces of guidance, including detailed non-regulatory guidance, a student fact sheet, and a “Dear Colleague” letter, all of which address meeting the needs of homeless...more
Effective January 1, 2017, the process by which school districts in Illinois may dispute student residency will fundamentally change. Public Act 99-0670 (HB 4606) was signed by Governor Rauner on July 29, 2016, amending...more
In April, the Illinois State Board of Education (ISBE) amended its 2010 guidance on self-administration of medication. Specifically, the new guidance document focuses on recent updates to Section 22-30 of the School Code (105...more
The Individuals with Disabilities Education Act (IDEA) provides that during the pendency of a dispute, a student must remain in his/her “then-current educational placement”; this is known as stay put. The IDEA does not,...more
In combined cases K.M. v. Tustin Unified School District and D.H. v. Poway Unified School District, the Ninth Circuit determined that although the school districts provided the students with hearing impairments with a free...more