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Attorney advising and representing K-12, community college, and higher education clients.

Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. However, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) gave the U.S. Secretary of Education Betsy DeVos the power to appeal to Congress if she believes that waivers should

Last fall, in response to serious concerns raised about the use of isolated time out and physical restraint in schools, ISBE issued emergency rules to limit the use of those behavior management techniques. Emergency rules are effective for up to 150 days or until permanent rules are approved, and these emergency rules were due to expire on April 17, 2020.  On April 9, ISBE and JCAR (the bipartisan legislative oversight committee responsible for reviewing and approving agency rulemaking) passed permanent rules regarding isolated time out, time out, and physical restraint. The new rules allow the use of isolated time out as well as prone and supine restraint in limited circumstances, but the provisions related to prone and supine restraint terminate on July 1, 2020.   

Continue Reading ISBE Adopts Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and comply with IDEA timelines during the closure. While forthcoming guidance from ISBE and the U.S. Department of Education may provide additional flexibility and clarity, for now we can share the following update to ease your mind a bit. In summary, schools can safely consider that all special education deadlines calculated using “school days,” including evaluations, are postponed. Guidance is limited with respect to other timelines and so we recommend that you contact legal counsel to address how your school district will proceed with those calculations.

Continue Reading In the Nick of Time—Special Education Timelines During School Closures for COVID-19

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”) released a Guidance and FAQ document aimed at providing clarification. The Guidance, which ISBE issued in collaboration with the Illinois Counsel of School Attorneys (“ICSA”), explains what does and does not constitute a time out—one of the issues that has caused the most confusion. The Guidance also provides other needed definitions and answers various practical questions related to alternative behavioral supports and the application of time out and physical restraint. Because the Guidance document is extensive, we have highlighted some of the more important and nuanced questions that may be of interest to your school or district below.

Continue Reading Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it issued amendments to the emergency rules, and finally, on December 9, 2019, ISBE published proposed permanent rules on the use of time out and physical restraint. We have heard and raised numerous questions and concerns regarding the practical implications of the emergency rules in the classroom. ISBE’s proposed permanent rules provide some additional clarity. But the work to overhaul policies and procedures and train staff on the rules is significant. To help with that work, the following chart sets forth the key differences between the amended emergency rules and the proposed permanent rules. We also flag several new provisions in the proposed rules to assist you in understanding and preparing for the likely upcoming changes.

Continue Reading What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

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

You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed the law on Friday (PA 101-0515). And there were no amendments to the law to address some of the areas of confusion that were identified after the bill was passed by the legislature. The amendments to the Children with Disabilities article of the School Code brought by the law are immediately in effect, although revisions may be on the horizon during the veto session. For now, special education professionals should promptly implement the significant procedural requirements under the law. We will keep you posted regarding any changes or guidance from ISBE that may impact the implementation of the law, but for now, make plans to meet the following requirements.
Continue Reading New Law Adds Procedural Requirements for Special Education in Illinois

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