On March 18, 2020, ISBE issued guidance on providing special education during the current mandatory two-week school closure. While the guidance responds to some of the questions arising from this unprecedented situation, neither the U.S. Department of Education nor Congress has provided flexibility with respect to IDEA rules, and the State is correspondingly constrained. As we described in our last post, the big picture message is to do your best to provide services to students with disabilities and meet applicable deadlines. Be creative, document your efforts, and expect compensatory education claims once we get back to school. Below are the key takeaways from ISBE’s guidance.
Continue Reading Highlights from ISBE Special Education Guidance During the Mandated School Closure

It has been a year since the shooting at Marjory Stoneman Douglas High School in Parkland, Texas. As many media outlets are reporting, although the shooting was supposed to be the one that “changed everything,” threats to school safety continue to be a fact of life in American schools. Yet there is much that we can learn and do in this constantly-evolving area, particularly as it relates to students with special needs. How do you properly address school threats from students receiving special education? If you will be at IAASE, you can come discuss this and other student mental health concerns with Franczek attorneys Jennifer Smith and Mary Deweese during their February 21 session on Mental Health Support for Students: The Legal Framework. We also hope you will join us for a unique opportunity to discuss threat assessments during our complimentary half-day conference on Assessing Risk of Violence: Effectively Evaluating Threats to School Safety with Dr. Nancy Zarse, an expert on threat assessments, at Elmhurst College on February 28. In the meantime, this blog post addresses what we think is the key issue to consider when addressing school threats from students with special needs. Read on to confirm that you are complying with this essential consideration.
Continue Reading A Year After Parkland: Do You Know the One Key to Addressing Threats from Students with Special Needs?