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As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to interpreters and translated documents. These changes, which went into effect on February 6, 2023, are largely geared towards ensuring meaningful participation for non-native English-speaking parents in special education meetings and decision making processes These changes not only codify procedures that were already in place but also institute new responsibilities for school districts and rights for parents.

Parents who believe that a school district unreasonably denied their request for an interpreter in an IEP meeting, have all the rights available to them for remedy under the IDEA and Article 14 of the Illinois School Code, including but not limited to a due process hearing, mediation, and filing a Complaint with the Illinois State Board of Education (“ISBE”) or the U.S. Department of Education’s Office for Civil Rights. To ensure compliance, school districts must record data on interpretation services, such as notices of interpretation services, when those services are or are not provided, when parents file complaints on the basis of interpretation services, the qualifications of the interpreters and more.

Continue Reading New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is fast approaching. The District’s oversight team, which must include teachers, paraprofessionals, school service personnel, and administrators, should use the updated directions, checklist, and 2023-2024 templates released by ISBE when developing their school-specific RTO Plan for reducing the use of restraint, time out, and isolated time out and procedures to implement the Plan. The updated template includes a new section that streamlines the submission of progress reports and RTO Plans by combining the progress reports for the 2022-2023 school year and the 2023-2024 RTO Plan into a single document. As a reminder, the 2022-2023 progress report and 2023-2024 RTO Plan need to be submitted to ISBE at rtoreductionplan@isbe.net by July 1, 2023.

Continue Reading Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the number of due process complaints and mediation requests increased drastically. As we head into 2023, we want to reflect on recent trends in due process litigation to help prepare for the year ahead.

The pattern of increased litigiousness is likely the culmination of increased frustrations with the effects that remote learning and COVID-19 had on students. Parents are frustrated that they are not seeing the progress they expected to see in their students’ goals. On the other side of things, school districts are seeing inappropriate behaviors in an intensity and severity they have never seen before.

Continue Reading Trends in Due Process Litigation