Photo of Brianne Dunn

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

A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district who responded to a doctor’s note diagnosing anxiety and depression with immediate supports and initiating an evaluation. The case illustrates the perils of informal communication about disabilities but confirms that not every reference to a disability triggers the obligation to evaluate.

In the Wyoming case, there were several red flags that unfolded for school personnel.


Continue Reading OCR Decision Highlights Common Child Find Red Flags

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 from many clients that they do not yet have staff who meet the requirements to be a qualified interpreter. This is not surprising given that the rules are brand new and the requirements are extensive. In the meantime (and on ongoing basis if desired), districts can use outside vendors, including telephonic interpreters. The requirements for qualified interpreters are summarized below. For now, districts should focus on meeting the new notice requirements, also spelled out below.

Notice Requirements (23 Ill. Admin. Code 226.530)

In each Notice of Conference and in the district’s annual notice to all parents of children with disabilities, the following must be provided:

  1. The availability of interpretation services at IEP team meetings;
  2. An explanation of how parents can request an interpreter;
  3. Notice that a parent has the right to request that the interpreter serve no other role in the IEP meeting than as an interpreter, and that the district should make reasonable efforts to fulfill this request; and
  4. A point of contact to address any questions or complaints about interpretation services.


Continue Reading New Rules for Qualified Interpreters in Effect

Angry pretty young woman in spectacles covering her ears with fingers and showing teeth

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous advocacy, strenuous objections, and detailed questions to baseless accusations, repeated demands, and threatening or vulgar language or actions? What can a school do when a parent’s hostile behavior continues over time, putting a strain on staff members’ time and impeding productive communication? A recent case out of the Ninth Circuit examined just such a situation and affirmed the rights of schools to put in place reasonable limits on communication.


Continue Reading Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

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.


Continue Reading Are Extended Special Education Services Coming to Illinois?

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.
Continue Reading Disciplinary Protections for Students Not Determined Eligible for Special Education – Wait. How Does That Work?

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