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 facilities and the second, Public Act 102-1072 (House Bill 5214), requires school districts to notify parents of their right to an interpreter during various
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August 2019
Latest from Special Education Law Insights - Page 2
Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities
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 to address repeated acts of peer sexual harassment against the student. In the lawsuit, the plaintiff alleged that
ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date
Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in accordance with ISBE goals and benchmarks. Last week, ISBE announced the deadline for submitting such plans is July 1, 2022, with yearly
OCR Issues Fact Sheet on Providing FAPE During the COVID-19 Pandemic and Addressing the Need for Compensatory Services Under Section 504
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how schools provide education: virtually, in-person, or with a hybrid learning model.” Accordingly, the guidance provides that 504 teams
Are Mask Mandates a Reasonable Accommodation?
In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal masking have been hotly litigated. In this post, we focus on the issue of mask mandates as a reasonable
ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint
Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. In part, the new law requires ISBE to promulgate updated rules for the use of restrictive interventions, including
ISBE Takes Steps to Increase Access to Residential Placements
In response to the chronic and acute shortage of approved residential placements for Illinois students with special needs, ISBE announced on Monday two steps to provide some, limited relief.
According to a letter from the ISBE General Counsel to the Illinois Council of School Attorneys Executive Committee, ISBE will reinstate its prior practice of reimbursing
OSERS Guidance on Assistive Technology
In this third 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 an issue of special importance during and subsequent to the pandemic: assistive technology.
Even before schools shut their doors in the spring of 2020, many were already
OSERS Guidance Encourages Collaboration and Creativity for IEP Teams
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 uncertainty. (Our first post highlighted the guidance related to compensatory services; you can read that here.) Schools
New OSERS Guidance on Reopening, Compensatory Services
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 provides guidance on special education issues, including IEP meetings, extended school year services, mental health, medical conditions, transition services, and placement. While much of