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
Yesterday, the U.S. Supreme Court issued its first opinion addressing a public school’s ability to discipline a student for off-campus, online speech. The 8-1 majority opinion in Mahanoy Area School District v. B.L., authored...more
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
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...more
While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more
11/12/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Disabled Children ,
Federal Funding ,
IDEA ,
Infectious Diseases ,
OCR ,
Policy Drafting ,
Political Appointments ,
Public Schools ,
Restraints ,
Special Education ,
Students
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
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
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
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
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
On June 30, 2019, Illinois Governor JB Pritzker signed an executive order aimed at studying and providing recommendations on legal rights and supports in the school environment for transgender, non-binary, and gender...more
7/3/2019
/ Anti-Discrimination Policies ,
Educational Institutions ,
Executive Orders ,
Federal Agency Taskforce ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
LGBTQ ,
Sexual Orientation Discrimination ,
State and Local Government ,
Students ,
Transgender
The Future of Privacy Forum (FPF), which is a nonprofit organization focused on data privacy, recently issued a useful two-page “primer” for schools on disclosure of information during school emergencies....more
One of the loftiest goals of K-12 education is to teach children to disagree respectfully, but what do you do if they disrespectfully disagree—especially on a hot button, highly-sensitive topic?...more
Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more
A flurry of recent news reports signals a marked change by the Trump administration of the Federal government’s approach toward the rights of transgender students in public education. What, if any, practical implications do...more
10/24/2018
/ Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
LGBTQ ,
Non-Discrimination Rules ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State and Local Government ,
Students ,
Title IX ,
Transgender