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

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

Angry pretty young woman in spectacles covering her ears with fingers and showing teeth

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous advocacy, strenuous objections, and detailed questions to baseless accusations, repeated demands, and threatening or vulgar language or actions? What can a school do when a parent’s hostile behavior continues over time, putting a strain on staff members’ time and impeding productive communication? A recent case out of the Ninth Circuit examined just such a situation and affirmed the rights of schools to put in place reasonable limits on communication.


Continue Reading Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

Sign From Presentation at IAASEDana Fattore Crumley and Kendra Yoch were honored to present at the IAASE 21st Annual Winter Conference in Springfield on “The Crossroads of Special Education Evaluation and Risk Assessment: Which Issue Has the Right of Way?” For anyone who was not able to make the conference or session, here is a handy recap and some key takeaways to bring you up to speed on the intersection between threat assessment and special education evaluations.

Continue Reading What Did I Miss? Recap of IAASE Presentation on Special Education Evaluations and Threat Assessments

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 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to deal with the difficult issues related to these restrictive and sometimes misused techniques. ISBE’s efforts have led to a dizzying series of emergency rules, amendments, proposals, and revised proposals over the past months, leaving many schools (and even school attorneys!) confused about what rules are in effect and how to prepare for upcoming changes. This summary outlines the newest changes schools need to be aware of.

The second amendment to the emergency rules is similar to the first amendment to the emergency rules, with two notable exceptions, both of which were also included in the revised proposed rules:


Continue Reading The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

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.


Continue Reading ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundred comments on the initial proposed rules and include several significant changes, most notably permitting isolated time out in specific circumstances. The revised proposed rules next go to JCAR for Second Notice and will be considered at an upcoming JCAR meeting. If JCAR has no objection to the revised proposed rules, ISBE can proceed to adopt them. According to a report, ISBE also filed the revised proposed rules as new emergency rules to make them effective immediately. On February 25, 2020, ISBE posted new emergency rules, effective immediately, that are different from the revised proposed permanent rules (read more here).

Continue Reading ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Is your school threat assessment team in place and ready to act in order to meet upcoming legal deadlines? Does it understand the interaction between threat assessments and special education evaluations? Is it adequately prepared so that your school will not be the next one in the media spotlight for a threat assessment gone wrong? In this post, we highlight three key issues involving threat assessment and describe upcoming opportunities to learn what you need to know to properly conduct threat assessments going forward.
Continue Reading Threat Assessments: Three Key Issues for Illinois Schools

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?