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ISBE and IDPH Update COVID-19 School Guidance

New Guidance Documents: - The Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) recently issued the following updated guidance documents related to return to in-person instruction...more

Federal Judge Upholds Indiana University’s Vaccine Mandate

Yesterday, a federal district court judge from the Northern District of Indiana denied the issuance of a preliminary injunction that would have halted Indiana University’s COVID-19 vaccine mandate for students. This decision...more

Department of Education Releases COVID-19 Handbook for Higher Education

The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more

Two Cases Illustrate Themes of Successful Higher Education Institutions in Breach of Contract Claims for Remote Instruction

Due to the COVID-19 pandemic, many higher education institutions transitioned to remote instruction, causing students to attend classes online, move out of dorms, and forego the traditional college experience....more

Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more

PAC Issues Further Decisions on Public Comment and Participation for Remote Meetings Under OMA

As discussed in previous alerts posted on March 16 and March 18, Illinois Governor J.B. Pritzker passed an Executive Order suspending certain Open Meetings Act (OMA) requirements in the wake of COVID-19. Since the issuance of...more

Secretary DeVos Rejects Extensive Waivers to Special Education Requirements, Leaving Core of IDEA Intact

Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. ...more

Illinois Court Blesses Remote Meetings With Reasonable Public Comment Under OMA

In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more

ISBE Issues FAQ Regarding Special Education During Remote Learning

In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a...more

Department of Education Releases Proposed Rules for Distance Learning

Schools and higher education institutions across the country are working tirelessly to implement remote learning programs during the coronavirus disease 2019 (COVID-19) public health crisis. Despite the commendable success...more

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Title IX Considerations During COVID-19 School Closures

While Illinois schools—and schools across the country—remain closed due to concerns about the spread of COVID-19, keep in mind that schools currently are not relieved from their obligations under Title IX or other civil...more

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

UPDATED: OMA and FOIA Requirements Amidst School Closures

In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more

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