As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint. To comply with the emergency rule, districts will need to take the following steps:
Continue Reading
ISBE Files Emergency Rules on Isolated Time Out
The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the use of isolated time out as a behavioral intervention. While this is a change in practice that will
Gender Identity and Special Education
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
Bullying and Special Education in the New Decade: What You Need to Know
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,
Disciplinary Protections for Students Not Determined Eligible for Special Education – Wait. How Does That Work?
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
NPR Calls on Franczek’s Jennifer Smith for Story on Out-of-State Residential Placements
We all know that out-of-state residential placements are a big deal in special education, because we work in schools every day and support these challenging decisions made by school personnel. Now, the issue is garnering attention outside of the schoolhouse. A recent article by NPR Illinois highlighted the significant numbers of such placements, the potential causes of the placements, and the costs to schools and the government. NPR called on Franczek education partner Jennifer Smith to provide insight on this issue of importance to all members of the special education community, including schools.
Continue Reading