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
In this episode, we discuss the most top-of-mind issues and lessons learned from the COVID-19 crisis....more
10/8/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Crisis Management ,
Health and Safety ,
Infectious Diseases ,
Remote Learning ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities
OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students...more
10/5/2020
/ Coronavirus/COVID-19 ,
Disability Discrimination ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
OCR ,
Public Schools ,
Quarantine ,
Remote Learning ,
Section 504 ,
Special Education
School leaders have always served a crucial role in communities, and we can’t imagine anyone managing the Coronavirus crisis without them. In this episode, our regular attorney panelists Shelli Anderson, Nicki Bazer, Jennifer...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
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
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
As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more
11/22/2019
/ Child Abuse ,
Cooperative Compliance Regime ,
Dear Colleague Letter ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State Bans ,
Strict Compliance ,
Students
On Tuesday, the Board of Governors of the NCAA unanimously voted to reverse its longstanding policy by permitting students participating in athletics to benefit from the use of their names, images, and likenesses in licensing...more
10/31/2019
/ Board of Governors ,
Broadcasting ,
Bylaws ,
Colleges ,
Endorsements ,
Fair Compensation ,
Name and Likeness ,
NCAA ,
Pay-To-Play ,
Policies and Procedures ,
Sales ,
Student Athletes ,
Universities
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...more
10/25/2019
/ Americans with Disabilities Act (ADA) ,
Dear Colleague Letter ,
Gender Identity ,
IDEA ,
Individualized Education Programs (IEPs) ,
LGBTQ ,
Privacy Concerns ,
Sexual Orientation Discrimination ,
Special Education ,
Students ,
Title IX ,
Transgender
Our Partner Jennifer Smith asked an important question during the Legislative Update session yesterday at IAASE’s 2019 Fall Conference: What can Illinois special education teachers and administrators do to help ensure that...more
On October 1, a federal trial court in Massachusetts upheld Harvard University’s use of race in its admissions process against a challenge that the policy discriminates against Asian-American students on the basis of race....more
In a recent decision, the Illinois Human Rights Commission (IHRC) ruled that Illinois schools cannot limit transgender students’ unfettered access to the locker rooms that correspond to their gender identities. The decision...more
8/8/2019
/ Educational Institutions ,
Federal v State Law Application ,
Gender Discrimination ,
Gender Identity ,
Human Rights ,
LGBTQ ,
School Restrooms ,
Sexual Orientation Discrimination ,
State and Local Government ,
Students ,
Transgender
A recent Department of Education inquiry regarding transfers of guardianship of college-aged students in Illinois is making news across the country. The Department’s Office of the Inspector General is looking into the...more