We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more
3/16/2022
/ Biden Administration ,
Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more
2/24/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disabilities ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Health and Safety ,
IDEA ,
Illinois ,
Infectious Diseases ,
Masks ,
Policies and Procedures ,
Reasonable Accommodation ,
Section 504 ,
Students ,
Teachers ,
Workplace Safety
The Office for Civil Rights in the Department of Education recently issued a new Fact Sheet. The Fact Sheet repeats prior guidance that “the responsibility for schools to comply with Section 504 continues regardless of how...more
Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more
2/18/2022
/ Appeals ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Mootness ,
Personal Protective Equipment ,
Risk Mitigation ,
School Policies ,
Students ,
Teachers ,
TRO ,
Workplace Safety
Since yesterday, there have been many reports about the Joint Committee on Administrative Rules (JCAR) vote against extending IDPH Emergency Rules regarding masking, vaccine and testing requirements in schools. This has...more
2/16/2022
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Quarantine ,
School Policies ,
Students ,
Teachers ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, a court ruling in Springfield resulted in a temporary restraining order enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. Approximately 150 of Illinois’ 840...more
2/7/2022
/ Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Motion To Enjoin ,
Personal Protective Equipment ,
School Districts ,
Students ,
Teachers ,
TRO ,
Workplace Safety
The U.S. Supreme Court recently announced that it would again consider the role race plays in college admissions by taking up two cases where race-conscious admissions policies are at issue. ...more
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
10/21/2021
/ Coronavirus/COVID-19 ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Special Education ,
Students
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the...more
In a new FAQ issued, the Illinois State Board of Education (ISBE) and Illinois Department of Public Health (IDPH) confirm that the adoption of the CDC’s July 9 guidance means local control of mitigation layers—most...more
7/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
Masks ,
New Guidance ,
Public Health ,
Social Distancing ,
Students ,
Vaccinations
It is hard to believe that it has been nine months since the Illinois State Board of Education and Illinois Department of Public Health issued their Part 3 – Transition Joint Guidance, “Starting the 2020-2021 School Year.”...more
3/10/2021
/ Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
ISBE ,
Masks ,
Re-Opening Guidelines ,
School Closures ,
Social Distancing ,
Students
As promised, following our October 29 alert we more closely examined the conflict between the Governor’s order delaying basketball to Spring and the IHSA’s decision to proceed as scheduled in November. Our review identified a...more
Along with every one of our school district clients who are members of the Illinois High School Association, we are trying to sort out the conflict between the Governor’s action on Tuesday of this week to postpone high school...more
COVID-19 saliva tests have been used as one tool to slow the spread of coronavirus—notably on college campuses. Soon, several saliva tests will be available to K-12 schools. The availability of such tests prompts several...more
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...more
9/21/2020
/ Coronavirus/COVID-19 ,
Distance Learning ,
Due Process ,
Educational Institutions ,
Government Lockdown ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
Remote Learning ,
School Closures ,
Special Education ,
Students
The U.S. Department of Education recently issued guidance on the use of Higher Education Emergency Relief Fund (HEERF) funds under the Coronavirus, Aid, Relief, and Economic Security (CARES) Act....more
Earlier today, April 24, 2020, Illinois Governor J.B. Pritzker issued Executive Order 2020-31 relaxing a wide number of requirements impacting schools and community colleges. ...more
Just as remote learning has become the new normal, we turn to planning for ESY and the 2020-21 school year. While the timeline for returning to school buildings remains uncertain, the eligibility of some students with...more
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
After three weeks of being out of school buildings and one week of remote learning, we can all see that the IDEA was not written for pandemics and widespread school closures. While requests for IDEA flexibility have been...more
The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more
Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more
3/3/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
New Guidance ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
Litigants challenging the opening of women’s restrooms and locker rooms in schools to transgender females have roundly been defeated. While the Supreme Court could always change the trend, cases like Whitcare v. Kenosha...more
2/20/2020
/ Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Restroom Legislation ,
Right to Privacy ,
SCOTUS ,
Sexual Orientation Discrimination ,
Student Athletes ,
Students ,
Title IX ,
Transgender
On February 14, 2020, ISBE issued notice that it will no longer provide reimbursement for students placed at non-approved special education facilities, even if the placement is ordered by a hearing officer. In a brief...more
In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more
12/5/2019
/ Amended Rules ,
Board of Education ,
Disciplinary Proceedings ,
Discipline ,
Educational Institutions ,
Emergency Rule ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
State and Local Government ,
Students