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Associate focused on advising and representing K-12 education clients on a wide range of education, labor, and employment law matters.

IAASE recently reported that HB 3897 is currently making its way through the Illinois legislative process. This bill would expand special education eligibility to students through the school year in which they turn 22. Currently, students who have not yet received a diploma are eligible for services through the day before their 22nd birthday. Note that federal funding does not cover students beyond the age of 21.

We wondered, how many students would this impact and what are other states doing?

How many students would receive additional services? According to ISBE data, 306 students aged out during the 2018-2019 school year. If this bill were in effect last year, those students would have been entitled to continue to receive transition services and complete the school year.


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As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not have an IEP is up for expulsion and then the parent requests an evaluation or argues that the student should have already been found eligible. You know special rules apply, but trying to piece it all together can make your head spin.

We’re flowchart people over here at Franczek P.C. Let’s start with a visual representation of the process, then we’ll dig into some of the complexities and reference guidance the Office of Special Education Programs (OSEP) released earlier this year.
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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?
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