On June 11, 2021, Kendra Yoch and Amy Dickerson hosted the sixth session of Franczek’s Educational Equity Webinar Series. This session focused on issues of disproportionality in special education and methods of increasing equity and inclusion for students with disabilities. Our guests were Dr. Cheryl Caesar, Assistant Director of Diverse Learners at Waukegan Community Unit School District; Jeremy Duffy, Senior Legal Compliance Officer at Waukegan Community Unit School District; and Dr. Jennifer Sterpin, Director of Special Education at Lake Forest High School District 115.
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Continue Reading Recap: Addressing Disproportionality and Increasing Equity and Inclusion in Special Education [Educational Equity Webinar Series]

ISBE has adopted new rules to support parent participation in IEP meetings by requiring districts to arrange for and fund “qualified interpreters” for parents whose native language is other than English. We have heard concern from many clients that they do not yet have staff who meet the requirements to be a qualified interpreter. This is not surprising given that the rules are brand new and the requirements are extensive. In the meantime (and on ongoing basis if desired), districts can use outside vendors, including telephonic interpreters. The requirements for qualified interpreters are summarized below. For now, districts should focus on meeting the new notice requirements, also spelled out below.

Notice Requirements (23 Ill. Admin. Code 226.530)

In each Notice of Conference and in the district’s annual notice to all parents of children with disabilities, the following must be provided:

1. The availability of interpretation services at IEP team meetings;
2. An explanation of how parents can request an interpreter;
3. Notice that a parent has the right to request that the interpreter serve no other role in the IEP meeting than as an interpreter, and that the district should make reasonable efforts to fulfill this request; and
4. A point of contact to address any questions or complaints about interpretation services.

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Continue Reading New Rules for Qualified Interpreters in Effect

Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote special education services. While we have not yet seen any Illinois decisions, a review of decisions from other states may shed some light on trends and approaches. Read on for a sample of recent cases and takeaways that may be relevant to your school.

Participation in Remote Learning

In a due process case in Washington, DC, the student had previously been residentially placed but transitioned to a therapeutic day school in January 2020. The student was making some progress until schools were closed due to the pandemic but did not participate in the school’s remote learning program. While the student’s guardian advocated for the student to return to the residential placement, the student, district, and therapeutic school recommended continuing at the day school. Given that a month had passed between the hearing and the decision, the hearing officer directed the IEP team to meet and determine if the student had been participating in the remote program. If so, that would demonstrate that the day school was his least restrictive environment. But if the student had not been participating, a residential placement should be made.

Schools should take and document steps to support student engagement in remote learning. An IEP meeting to develop new approaches may be warranted to avoid a potential need for compensatory services and/or a more restrictive placement.

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Continue Reading What Are Hearing Officers Saying about Remote Learning?

With the number of students who identify as gender non-conforming on the rise, many educators have questions regarding the supports and services that may be available to such students. This year at IAASE, Jennifer Smith and John Swinney addressed this intersection of gender identity and special education, including factors to consider under Section 504, the…

We had great participation in our IAASE session last week on this topic, with the audience voting electronically to weigh in on their anticipated outcomes of cases. If you missed it, here are our main takeaways.

When it comes to bullying and special education, districts face potential liability on a number of fronts, including lawsuits,…

As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not have an IEP is up for expulsion and then the parent requests an evaluation or argues that the student should have already been found eligible. You know special rules apply, but trying to piece it all together can make your head spin.

We’re flowchart people over here at Franczek P.C. Let’s start with a visual representation of the process, then we’ll dig into some of the complexities and reference guidance the Office of Special Education Programs (OSEP) released earlier this year.
Continue Reading Disciplinary Protections for Students Not Determined Eligible for Special Education – Wait. How Does That Work?