Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. In part, the new law requires ISBE to promulgate updated rules for the use of restrictive interventions, including documentation and reporting requirements, training requirements, and a procedure to file a complaint alleging a violation of the law related to the use of restrictive interventions. In addition, the new law requires ISBE to establish goals and benchmarks for schools to reduce the use of restrictive interventions within three years. Now, ISBE has released its goals and benchmarks, as well as new rules, which are currently pending approval. 

Continue Reading ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

In response to the chronic and acute shortage of approved residential placements for Illinois students with special needs, ISBE announced on Monday two steps to provide some, limited relief.

According to a letter from the ISBE General Counsel to the Illinois Council of School Attorneys Executive Committee, ISBE will reinstate its prior practice of reimbursing districts for room, board, and tuition at nonapproved residential schools when ordered by a hearing officer (after the district pays twice its per capita rate for tuition). This change is retroactive to February 2020 when the practice had been discontinued.


Continue Reading ISBE Takes Steps to Increase Access to Residential Placements

In this third blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on an issue of special importance during and subsequent to the pandemic: assistive technology.

Even before schools shut their doors in the spring of 2020, many were already providing one-to-one devices for students. With the transition to virtual learning, even more schools provided students with laptops to enable them to participate in instruction from home. As more and more students are using technology in school, including software that provides supports like word prediction, speech-to-text, and text-to-speech, IEP team members may be unsure whether that technology should be recorded on the IEP as assistive technology for a student with a disability.


Continue Reading OSERS Guidance on Assistive Technology

In this second blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on two questions relevant to this time of transition and uncertainty. (Our first post highlighted the guidance related to compensatory services; you can read that here.) Schools are open in person, but quarantines, adaptive pauses, and mitigation measures continue. And while expanded access to vaccinations will hopefully keep more students in school in person, the possibility of a future return to remote or hybrid instruction is not negligible. Below we explain the OSERS guidance related to contingency plans and remote meetings.

Continue Reading OSERS Guidance Encourages Collaboration and Creativity for IEP Teams

The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A provides guidance on special education issues, including IEP meetings, extended school year services, mental health, medical conditions, transition services, and placement. While much of the document reiterates long-standing law, OSERS does provide some new guidance specific to COVID-19 transitions. We will be releasing a series of blog posts focused on those new issues.

Continue Reading New OSERS Guidance on Reopening, Compensatory Services

In July, the Illinois State Board of Education published non-regulatory guidance to assist schools in implementing HB 40 and HB 2748, now Public Act 102-0172 and 102-0173, respectively. The FAQ addressed many of questions from the field, as we summarized here. ISBE recently updated the FAQ, providing additional guidance related to HB 2748, specifically recommending that districts consider including a more expansive group of students for postsecondary recovery services eligibility and providing the option to parents and adult students to file a State complaint related to the provision of services under the Act. ISBE also enacted an emergency regulation related to the extended eligibility for postsecondary services.

Continue Reading ISBE Updates Guidance on New Transition Laws

Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be providing a series of guidance documents addressing “school reopening efforts and intended to support the full implementation of IDEA requirements.” The letter emphasizes and reiterates the guidance provided throughout 2020 that no IDEA requirements were waived and that, regardless of the instructional delivery approach, districts remain responsible for ensuring that a free appropriate public education (FAPE) is available to all children with disabilities. The first guidance document addresses child find, reviewing well-established principles and commenting on the impact of the pandemic. Read on for highlights.

Continue Reading New Federal Guidance Reiterates Child Find Responsibilities

On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to experience new, returning, or ongoing post-COVID health problems that may qualify as a disability under Section 504 or the IDEA. The Factsheet reinforces the need to follow standard Section 504 and IDEA procedures related to child find, evaluations, eligibility, and services and modifications for such students. The challenges of the last year and a half have led to a variety of health, academic, and social/emotional difficulties for students, all of which must be reviewed on an individual basis to determine if they indicate a disability.

Continue Reading Students with Long COVID May Need Support Under Section 504 or the IDEA

In this immediate post-COVID-19 education landscape in which schools are contemplating a full return to in-person instruction, schools are also grappling with the stark realities of achievement gaps and the disproportionate impacts that the pandemic and remote learning had on various student populations. In response to President Biden’s Executive Order calling for the Assistant Secretary for Civil Rights in the Department of Education to deliver a report on the disparate impacts of COVID-19 on students in elementary, secondary, and higher education, the Department’s Office for Civil Rights (OCR) published this Report. The introduction to the Report states that “Although this Report provides a data-driven account of COVID-19’s disparate impacts on students, rather than a legal analysis, it is important to recognize that disparities can sometimes be evidence of legal injuries under Federal civil rights laws, even when policies and practices do not directly single out a group of people for harm.” Accordingly, while the purpose of the Report is to take stock of the impact of the pandemic on students, including the particular challenges encountered by students of color, students learning English, students with disabilities, and students who identify as LGBTQ+, and to set the stage for anticipated future guidance and resources to address these disparities, schools should take note of the potential legal implications as well.

Continue Reading New Department of Education Report Highlights the Disparate Impacts of COVID-19 on Students

On May 30, 2021, SB1577 passed both houses and, if signed by the Governor, will amend the School Code to reflect that the mental or behavioral health of a student is a “valid cause” for absence from school. Currently, valid exemptions recognized for school-age children to be absent include but are not limited to illness, religious holidays, death in the immediate family, and family emergencies. Additionally, in January 2019, “other circumstances which cause reasonable concern to the parent for the mental, emotional, or physical health or safety of the student” was added. The most recent amendment would allow parents to keep their student home from school for “the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note.” The bill also provides that the mental or behavioral health absence will be considered an excused absence and the student will be given the opportunity to make up their missed schoolwork.

Continue Reading Mental Health and Behavioral Health Days – Are Your Child Find Senses Tingling?