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
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Just as remote learning has become the new normal, we turn to planning for ESY and the 2020-21 school year. While the timeline for returning to school buildings remains uncertain, the eligibility of some students with disabilities for support over the summer remains clear. How should schools think about ESY eligibility this school year? We recommend starting with the same standards that have long governed ESY eligibility.
Under IDEA, the IEP team determines whether a student needs special education and related services beyond the normal school year to receive a free appropriate public education (FAPE). ISBE guidance from 2001 reviews the case law related to ESY eligibility and identifies the following key factors for IEP teams to consider:
- the nature of the disability and degree of impairment; and
- emerging skills, and areas of learning crucial for independence.
In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a result of the COVID-19 pandemic. Earlier this week, ISBE posted an updated FAQ regarding providing special education during…
After three weeks of being out of school buildings and one week of remote learning, we can all see that the IDEA was not written for pandemics and widespread school closures. While requests for IDEA flexibility have been made, the Department of Education has not indicated whether or when such requests might be granted. Federal and State guidance has been provided but continues to evolve. Educators, administrators, parents, attorneys, states, and the Department of Education are all improvising. In these uncertain times, we recommend schools go back to basics: individualize, communicate, document, and be reasonable. Remember that the FAPE standard is based on what is reasonable under the circumstances.
Continue Reading Special Education and Remote Learning: Back to Basics
The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain from providing distance learning out of fear that they cannot adequately serve students with disabilities. In the updated guidance, ED advises school districts that the delivery of a free appropriate public education (FAPE) remains required but may look different when schools are physically closed. The guidance also addresses the impact of school closures on special education timelines, including urging schools “to work with parents to reach mutually agreeable extensions of time.” School districts should keep the fact sheet in mind when crafting general distance learning options and specific services and supports for individual students.
Continue Reading Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts
Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was often unsafe. The recent amendment to the emergency rules seeks to limit and regulate the use of isolated time out rather than prohibit it altogether. Accordingly, ISBE updated its Guidance and Frequently Asked Questions and reporting form to reflect the new development.…
Continue Reading Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on Time Out and Physical Restraint
On February 14, 2020, ISBE issued notice that it will no longer provide reimbursement for students placed at non-approved special education facilities, even if the placement is ordered by a hearing officer. In a brief memorandum to Illinois special education due process hearing officers and state directors of special education, ISBE announced the change, which is effective immediately. This change will have important impacts on Illinois public schools.
In Illinois, districts can receive reimbursement from the Illinois State Board of Education (ISBE) for students placed at “approved” private day and residential schools. To be approved, the private school must meet the eligibility standards set out in Part 401 of the Illinois Administrative Code. These requirements were amended in March 2018, and the stricter rules meant that many residential schools that had previously been approved no longer were. Many districts found it difficult to place students in appropriate and approved residential placements given the decrease in availability.
In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative techniques, the Illinois State Board of Education amended its recent emergency rules to allow the practices on a limited basis if certain conditions are met. What are our initial insights from the amended rules?
Continue Reading ISBE Amends Emergency Rules on Time Out and Physical Restraint
As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint. To comply with the emergency rule, districts will need to take the following steps:
Continue Reading Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint
With the number of students who identify as gender non-conforming on the rise, many educators have questions regarding the supports and services that may be available to such students. This year at IAASE, Jennifer Smith and John Swinney addressed this intersection of gender identity and special education, including factors to consider under Section 504, the…