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Attorney focused on representing K-12 public schools, educator, mother and concerned citizen.

Sign From Presentation at IAASEDana Fattore Crumley and Kendra Yoch were honored to present at the IAASE 21st Annual Winter Conference in Springfield on “The Crossroads of Special Education Evaluation and Risk Assessment: Which Issue Has the Right of Way?” For anyone who was not able to make the conference or session, here is a handy recap and some key takeaways to bring you up to speed on the intersection between threat assessment and special education evaluations.

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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 hundred comments on the initial proposed rules and include several significant changes, most notably permitting isolated time out in specific circumstances. The revised proposed rules next go to JCAR for Second Notice and will be considered at an upcoming JCAR meeting. If JCAR has no objection to the revised proposed rules, ISBE can proceed to adopt them. According to a report, ISBE also filed the revised proposed rules as new emergency rules to make them effective immediately. On February 25, 2020, ISBE posted new emergency rules, effective immediately, that are different from the revised proposed permanent rules (read more here).

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Is your school threat assessment team in place and ready to act in order to meet upcoming legal deadlines? Does it understand the interaction between threat assessments and special education evaluations? Is it adequately prepared so that your school will not be the next one in the media spotlight for a threat assessment gone wrong? In this post, we highlight three key issues involving threat assessment and describe upcoming opportunities to learn what you need to know to properly conduct threat assessments going forward.
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The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the use of isolated time out as a behavioral intervention.  While this is a change in practice that will

On October 17, 2019, Franczek P.C. Special Education team members Dana Fattore Crumley and Emily Tulloch presented at the IAASE 2019 Fall Conference on Fighting Friendly Fire in your IEP: Avoiding Internal Challenges to IDEA Compliance. This session provided an overview of common internal challenges that can sabotage IEP compliance. For a summary of

A speech pathologist goes out on unexpected medical leave. Three paraprofessionals quit in one week. A special education teacher is abducted by aliens and no substitutes are available. Sometimes staff absences are unavoidable, and they are almost always unpredictable. Shortages in special education in particular are making it difficult to find qualified teachers, related services providers, and substitutes and replacements when one of those professionals is unavailable unexpectedly. As we previously explained, a recent Illinois law (HB 3586) added notification requirements when a student’s IEP services are not provided. Although we hope that this increased communication and proactive planning for compensatory services can decrease due process and Illinois State Board of Education (ISBE) complaints related to missed services, there is no doubt that special educators have many questions about how to comply with the new notice requirements. Let’s break down exactly when parental notification is required and what it should look like.
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With all the hub-bub about HB 3586 (more on that here!), you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. The law requires that the district post on its website and in its student handbook or “newsletter notice” that students with disabilities who do not qualify for an IEP may qualify for services under Section 504 if the student has a physical or mental impairment that substantially limits one or more major life activity, has a record of a physical or mental impairment, or is regarded as having a physical or mental impairment. That’s it. Or is it?
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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?
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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.
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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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