Photo of Jackie Gharapour Wernz

Attorney representing educational institutions in a wide range of education and employment law matters.

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural requirements for special education teams. Senate Bill 460 (Public Act 101-0598) amended the Children with Disabilities Article of the School Code to delay the requirement that special education teams provide a child’s parent or guardian with copies of all written materials to be considered by the student’s IEP team three school days prior to the IEP meeting. Special education teams should be aware of what changes are required now and in the future based on these recent changes.  
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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?

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Our Partner Jennifer Smith asked an important question during the Legislative Update session yesterday at IAASE’s 2019 Fall Conference: What can Illinois special education teachers and administrators do to help ensure that the legislature makes necessary fixes to Public Act 101-0515—or as IAASE aptly calls it, “That Pesky RTI and Special Education

At Franczek, we know that when it comes to the world of special education law, which grows more and more complex every day, no one lawyer can be an island. The synergies we enjoy in our office bouncing ideas off of and learning from each other benefit attorneys and clients alike and are part of what makes our firm so unique. Needless to say, we are thrilled to share some of the lessons learned from our collaborative environment by sending a cadre of special education attorneys to the upcoming Illinois Alliance of Administrators of Special Education (IAASE) 21st Annual Fall Conference. Come see us when we present on October 17 on a number of exciting topics showcasing the strength of our team!
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We all know that out-of-state residential placements are a big deal in special education, because we work in schools every day and support these challenging decisions made by school personnel. Now, the issue is garnering attention outside of the schoolhouse. A recent article by NPR Illinois highlighted the significant numbers of such placements, the potential causes of the placements, and the costs to schools and the government. NPR called on Franczek education partner Jennifer Smith to provide insight on this issue of importance to all members of the special education community, including schools.

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In a July 2019 briefing report, the United States Commission on Civil Rights warned that students of color with disabilities face exclusionary discipline, like suspensions and expulsions, at much higher rates than their peers without disabilities. What is the Commission, what were its findings and recommendations, and what do they mean for your school or school district?
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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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Summer is upon us and so it’s the season for Extended School Year (ESY) services. What better time than now to brush up on the law in this area? Most special education school leaders are familiar with the regression/recoupment test, but many are less aware of the critical life skills test. What is it, and when does it apply?
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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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AngelSense™, Amber Alert GPS™, Pocket Finder™, Filip™. The list of tracking devices for students with special needs constantly grows, and parents increasingly seek to send such devices with their students to school. The use of GPS is usually uncontroversial. But what if the device allows parents to listen into or even record what the student hears at school? Such functions can raise a plethora of legal concerns. In a recent due process decision from Nevada, an impartial hearing officer decided that parents of a student with Autism could not use the “listen-in” function of an AngelSense tracker at school. What does this decision mean for school districts across the country, including in Illinois?
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