On May 30, 2021, the Illinois legislature passed HB219, which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may recall that similar bills have been introduced […]
Category: Special Education Law Insights Blog
New OCR Q&A Reiterates Guidance, Promises Additional Guidance on Compensatory Services to Come
May 14, 2021
On May 13, 2021, the Department of Education Office for Civil Rights published a Q&A on Civil Rights and School Reopening in the COVID-19 Environment. The document is aimed at “helping schools reopen safely and in ways that support equity […]
The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator and staff stability and well-being. Throughout the guidance, the Department […]
New IDEA Funding in the American Rescue Plan Act
March 17, 2021
The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I formula. […]
OCR Decision Highlights Common Child Find Red Flags
February 22, 2021
A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district who responded to a doctor’s […]
ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including PA 101-0643: Changes related to RTI and MTSS, providing written materials 3 school days prior to IEP meetings, […]
New Rules for Qualified Interpreters in Effect
February 10, 2021
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 […]
Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning
January 28, 2021
In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related to special education services during the pandemic. You’ll recall […]