News & Analysis as of

Disabled Children Special Education Students

Miller Nash LLP

Special Education—Practical Tips From New Cases

Miller Nash LLP on

As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

PDE PUBLISHES 2022–2023 REPORT OF EXPENDITURES RELATING TO EXCEPTIONAL PENNSYLVANIA STUDENTS - Act 16 of 2000, in part, amended Section 1372 of the Public School Code of 1949, and it requires the Pennsylvania Department of...more

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

Franczek P.C. on

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

Franczek P.C.

Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs

Franczek P.C. on

On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

Marshall Dennehey on

District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages....more

Pullman & Comley - School Law

Special Education Law Updates from the 2023 Session of the Connecticut General Assembly

To follow-up on our annual School Law legislative update, over the next few weeks we will be highlighting and analyzing the most important developments from this year’s session of the General Assembly that Connecticut K-12...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

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

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...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Franczek P.C.

New Federal Guidance Reiterates Child Find Responsibilities

Franczek P.C. on

Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be...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.

Students with Long COVID May Need Support Under Section 504 or the IDEA

Franczek P.C. on

On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to...more

Franczek P.C.

New Department of Education Report Highlights the Disparate Impacts of COVID-19 on Students

Franczek P.C. on

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

Franczek P.C.

Mental Health and Behavioral Health Days – Are Your Child Find Senses Tingling?

Franczek P.C. on

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

Franczek P.C.

Two New Bills Offer Extended Special Education Services to Transition Students

Franczek P.C. on

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

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...more

Franczek P.C.

OCR Decision Highlights Common Child Find Red Flags

Franczek P.C. on

A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district...more

Franczek P.C.

Proposed Amendments to Special Education Rules Have Two Curious Provisions

Franczek P.C. on

ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including...more

Franczek P.C.

Is Providing Services to the Greatest Extent Possible Enough?

Franczek P.C. on

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

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

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

Bricker Graydon LLP

Preparing to serve Ohio’s students with disabilities during the 2020-2021 school year

Bricker Graydon LLP on

On August 14, 2020, the Ohio Department of Education’s Office of Exceptional Children (OEC) released an updated Reset and Restart guidance for serving students with disabilities, along with updated guidelines for telehealth....more

Franczek P.C.

Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

Franczek P.C. on

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous...more

Harris Beach PLLC

Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts

Harris Beach PLLC on

For school districts, special education impartial hearings can be time consuming, expensive and stressful for staff members. Jeffrey Weiss, Harris Beach partner and co-leader of the firm’s Educational Institutions Industry...more

Franczek P.C.

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

Franczek P.C. on

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural...more

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