Photo of Kendra Yoch

Education attorney, TFA alum, Paralympian, swimmer, mom.

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.
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Including Guest Author Tracey Truesdale

One of the things we love the most about Franczek P.C. is the synergy that exists between our practice areas. A recent letter from the U.S. Department of Labor (DOL) is one example in which the worlds of special education law and labor and employment law—our two main practice areas at Franczek—collided. We called on our Partner Tracey Truesdale, who has vast experience in this area of labor and employment law, to help us understand this law and its potential impacts on IEP teams.

The Wage and Hour Division of the DOL issued the letter in response to a request from a concerned parent. The parent sought an opinion on whether the Family Medical Leave Act (FMLA) would provide job protection to an employee who takes time off to attend individualized education program (IEP) meetings for their children. The DOL determined that parents may take intermittent leave under the FMLA to attend IEP meetings for children who have “serious health conditions.”


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In the realm of special education, the use of specialized jargon and unique terminology it the norm. Whether it’s terms that seem basic to us now, like “IEP” and “LRE,” or more of-the-minute phrases like “significant disproportionality,” those of us who work in special education law are expected to be fluent in a veritable alphabet soup of terms and phrases. Two of the most confusing phrases that we come across are “accommodation” and “modification,” so much so that a quick review of court, hearing officer, and Office for Civil Rights (“OCR”) decisions shows these terms being used interchangeably, contradictorily, and downright confusingly from day to day. What are the differences between these words, and do those differences matter? Keep reading to find out!

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Maybe you’ve heard the proverb “A stitch in time saves nine,” but have you ever wondered what it means? According to Wiktionary, this old proverb comes from the idea of mending a small tear in clothes before it becomes a larger one. In other words, putting in a little effort when an issue first arises can prevent it from becoming a larger one later. We couldn’t help but think of this proverb recently when our own Dana Fattore Crumley and others on the Attorney Panel at the IAASE Winter Conference were asked whether a non-administrator can act as an LEA representative during an IEP meeting. Many ideas were shared, and one that deserves further discussion is the impact if that LEA rep does not have sufficient authority in situations where more than typical resources are at stake. What are the cautionary concerns you should consider in this situation? Read on for the answers.
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Where do you draw the line between pre-IEP-meeting preparation, which the law allows, and “predetermination” prior to the meeting, which can get schools into hot water? This was one topic discussed during our recent Franczek webinar, IEP Season is Coming . . . Are You Ready?, which included a “top 10” list of issues to keep in mind heading into the IEP season. We encourage you to watch the 30-minute webinar, which is available on demand on our website, but want to dig in on one issue raised in it: A major mistake that can turn permissive pre-IEP-meeting planning into prohibited predetermination. What is it? How do you avoid the risk? Read on!
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A caravan of Franczek’s special education attorneys is en route to Springfield to participate in the IAASE Twentieth Annual Winter Conference, and we couldn’t be more excited. As the new website for the Illinois Alliance of Administrators of Special Education explains, IAASE is the largest statewide organization of special education administrators in the country and

A recent BBC news story reported that a seven-year-old boy with leukemia who cannot attend school in person will attend virtually using an AV1 robot. The story reminds us of some of the benefits of using virtual technology for students with special needs, such as keeping the student safe while allowing him to feel a part of the classroom. Franczek attorneys Kendra Yoch and Jennifer Smith will be leading an interactive discussion about team decisions regarding the use of technology at the upcoming IAASE conference this week in Springfield. But once a team decides that a virtual technology is appropriate for a student, what legal risks should they consider? As with most technology issues in the school realm, the risks are manageable but should not be ignored. For a quick checklist of five issues to consider if a team decides a student should use virtual technology in the classroom, continue reading!
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