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State and Local Government Rulemaking Process Students

Tucker Arensberg, P.C.

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

Tucker Arensberg, P.C. on

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

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

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

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

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Franczek P.C.

ISBE Amends Emergency Rules on Time Out and Physical Restraint

Franczek P.C. on

In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more

Hogan Lovells

U.S. Department of Education and state of California attempt to reach accord to restore Title IV eligibility to California...

Hogan Lovells on

As widely reported in the news and as discussed in our recent webinar, on 22 July 2019 the U.S. Department of Education (ED) notified institutions that, as a result of the U.S. District Court ruling in NEA v. DeVos, ED's 2016...more

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