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Educational Institutions Disciplinary Proceedings Policies and Procedures

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

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As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Franczek P.C.

The Illinois Attorney General and ISBE Release Non-Discriminatory Student Discipline Guidance

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The Office of the Illinois Attorney General and the Illinois State Board of Education (ISBE) recently issued new non-regulatory guidance to assist public K-12 school districts with applying student discipline policies in a...more

Franczek P.C.

ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

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Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more

Franczek P.C.

Illinois Legislature Passes Bill Further Restricting Time Out and Physical Restraint

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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...more

Franczek P.C.

Physical Restraint and Time Out Update

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Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

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Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Franczek P.C.

For Student Discipline for COVID, Notice and Consistency are Key

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On October 21, 2020, a New York state trial court judge delivered a significant decision involving the enforcement of COVID-19 restrictions in colleges and universities. In the Santonocito v. New York University, the court...more

Troutman Pepper Locke

Third Circuit Applies Expansive Definition of 'Fair and Equitable' to Campus Sexual Misconduct Proceedings

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In a precedential decision issued on May 29, the U.S. Court of Appeals for the Third Circuit reversed the lower court’s dismissal of a complaint filed against a private university alleging discrimination under Title IX and...more

Franczek P.C.

ISBE Adopts Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

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Last fall, in response to serious concerns raised about the use of isolated time out and physical restraint in schools, ISBE issued emergency rules to limit the use of those behavior management techniques. ...more

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

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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

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

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On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

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On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Troutman Pepper Locke

Updates for the New Year at Pennsylvania Colleges and Universities

Troutman Pepper Locke on

As institutions of higher education begin their spring 2020 semester, they should be aware of  several Pennsylvania-specific developments regarding sexual misconduct and child abuse. ...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

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After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

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Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Franczek P.C.

College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

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In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more

Franczek P.C.

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

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As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more

Franczek P.C.

ISBE Files Emergency Rules on Isolated Time Out

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The Illinois State Board of Education has filed emergency rules, effective immediately, banning the use of isolated time out in our schools. Like many of you, we were disheartened to read the Tribune/Pro Publica report on the...more

Franczek P.C.

New Law Imposes Various Measures to Address Student Safety, Including Educator License Suspension, Sexual Abuse Investigation...

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On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more

Franczek P.C.

Illinois House and Senate Pass New Legislation Substantially Altering Procedures for Law Enforcement Questioning and Detainment on...

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On June 1, 2019, the Illinois House voted to pass House Bill 2627, which would amend the Illinois School Code to require schools to notify parents and take reasonable steps to include parents or school mental health...more

Franczek P.C.

School Safety Commission Report and DOE Withdrawal of Discipline Guidance: What Does It Mean for Schools?

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The 180-page report of the Federal Commission on School Safety is out, and garnering significant media attention. ...more

Ballard Spahr LLP

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

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After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

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