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, a significant number of laws passed or awaiting Governor Pritzker’s “John Hancock” impact special education. See the end of this post for information about the many Franczek resources on the horizon to assist with understanding the current education-legislation landscape. For now, we wanted to make sure you are aware of some particularly noteworthy legal changes relating to students with medical concerns and medication needs that you should be actively working on now. We have all you need to know here. Continue Reading Marijuana, Medication, and Minors, Oh My! New Medication Laws For Schools
We all know that out-of-state residential placements are a big deal in special education, because we work in schools every day and support these challenging decisions made by school personnel. Now, the issue is garnering attention outside of the schoolhouse. A recent article by NPR Illinois highlighted the significant numbers of such placements, the potential causes of the placements, and the costs to schools and the government. NPR called on Franczek education partner Jennifer Smith to provide insight on this issue of importance to all members of the special education community, including schools.
Including Guest Author Tracey Truesdale
One of the things we love the most about Franczek P.C. is the synergy that exists between our practice areas. A recent letter from the U.S. Department of Labor (DOL) is one example in which the worlds of special education law and labor and employment law—our two main practice areas at Franczek—collided. We called on our Partner Tracey Truesdale, who has vast experience in this area of labor and employment law, to help us understand this law and its potential impacts on IEP teams.
The Wage and Hour Division of the DOL issued the letter in response to a request from a concerned parent. The parent sought an opinion on whether the Family Medical Leave Act (FMLA) would provide job protection to an employee who takes time off to attend individualized education program (IEP) meetings for their children. The DOL determined that parents may take intermittent leave under the FMLA to attend IEP meetings for children who have “serious health conditions.”
In a July 2019 briefing report, the United States Commission on Civil Rights warned that students of color with disabilities face exclusionary discipline, like suspensions and expulsions, at much higher rates than their peers without disabilities. What is the Commission, what were its findings and recommendations, and what do they mean for your school or school district? Continue Reading Discipline, Special Education, and Race: Key Takeaways From Civil Rights Commission Report
It’s a nightmare scenario: You come back to school rested after a well-deserved summer break to find a parent complaining that their child should have been evaluated over the summer and had an IEP in place on the first day of school. You received the request for an evaluation, either near the end of the school year or during the summer, but those pesky timelines can be so hard to keep up with when the sun is shining and vacation is on the horizon. What rules can help you avoid the timing trap for special education eligibility requests during the summer? Continue Reading The Evaluation Was Supposed to Happen When?! Timing of Special Ed Evaluations Over the Summer
Summer is upon us and so it’s the season for Extended School Year (ESY) services. What better time than now to brush up on the law in this area? Most special education school leaders are familiar with the regression/recoupment test, but many are less aware of the critical life skills test. What is it, and when does it apply? Continue Reading What You Should Know About the Critical Skills Test for ESY
A recent decision from the First Circuit Court of Appeals (the highest federal court in the jurisdictions of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) rebuffed attempts by a student’s parents to heighten the “[f]ree appropriate public education” (FAPE) standard under Endrew F. The court also applied the same standard used by the Seventh Circuit, which has jurisdiction over Illinois, to analyze a claim that a school district failed to provide a student a FAPE in the “[l]east restrictive environment” (LRE). The decision is therefore a useful read for school leaders in Illinois and beyond. Don’t miss the key takeaways for school leaders at the end. Continue Reading First Circuit Refuses to Heighten the Endrew F. FAPE Standard or Find LRE Violation for Self-Contained Program Placement
AngelSense™, Amber Alert GPS™, Pocket Finder™, Filip™. The list of tracking devices for students with special needs constantly grows, and parents increasingly seek to send such devices with their students to school. The use of GPS is usually uncontroversial. But what if the device allows parents to listen into or even record what the student hears at school? Such functions can raise a plethora of legal concerns. In a recent due process decision from Nevada, an impartial hearing officer decided that parents of a student with Autism could not use the “listen-in” function of an AngelSense tracker at school. What does this decision mean for school districts across the country, including in Illinois? Continue Reading Six Key Takeaways from Nevada Decision on GPS Tracker’s Audio Function
A recent Education Week Curriculum Matters blog post, “Meet the Moms Pushing for a Reading Overhaul in Their District,” is an important reminder of the challenges that can arise when parents and school staff do not agree on reading methodology for students with special needs. While the law allows schools to choose methodology for students receiving special education and related services in reading and other curricular areas, conflicts over curriculum choices can be expensive to litigate and can undermine parent-staff relationships. How do you minimize the risk of curriculum wars over reading methodology? Continue Reading Avoiding Reading Curriculum Wars in Special Education
We all know by now that some modifications and accommodations are required to provide students with disabilities equal access to extracurricular activities. But the details can be tricky for even the most well-seasoned special education professionals. Our own John Swinney will be tackling this and other exciting student activities topics tomorrow, April 12, 2019, at the Illinois Directors of Student Activities State Convention in Rosemont. He hopes to see many familiar faces there! For those who want a taste of what he will discuss on this hot topic, read on for the four key questions to ask (and insight on how to apply them)! Continue Reading Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities