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Top 10 Actions (or Inactions), that Spur Special Education Impartial Hearing Requests for School Districts
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
Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more
The Individuals with Disabilities Education Act (IDEA) makes public education available to children with disabilities ages 3 to 21. The U.S. Department of Education’s Institute of Education Sciences (IES) reports that 7.3...more
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
The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more
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...more
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...more
A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more
Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved...more
The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more
In this second blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on two questions relevant to this time of transition and...more
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
GENERAL - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021 Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more
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
Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. ...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
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
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
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
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
ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including...more
ISBE has adopted new rules to support parent participation in IEP meetings by requiring districts to arrange for and fund “qualified interpreters” for parents whose native language is other than English. We have heard concern...more
In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...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
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