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Shipman & Goodwin LLP

Special Education Legislative Update

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In its recently adjourned session, the General Assembly passed two major bills regarding special education. Although the Governor has not yet signed these bills, we wanted to provide a brief and non-exhaustive overview of the...more

Marshall Dennehey

Legal Update for Special Education Law – Case Updates Regarding Section 504 of the Rehabilitation Act

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Third Circuit affirms lower court finding that a school district did not violate the IDEA or Section 504 of the Rehabilitation Act. Zachary J. through Jonathan and Jennifer J. of Lafayette Hill, PA v. Colonial Sch. Dist.,...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

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The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

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The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

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The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...more

Franczek P.C.

New Year, New Laws

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Welcome to the 2021-2022 school year! As we begin, special education leaders should take note of several new laws recently signed by the Governor. We have been talking a lot about HB 40 and HB 2748, which extend transition...more

Franczek P.C.

Two New Bills Offer Extended Special Education Services to Transition Students

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Just hours before the conclusion of the spring legislative session, the Illinois General Assembly passed two bills that will significantly impact students who receive services until age 22.  The first, HB40, impacts students...more

Franczek P.C.

COVID 19-Handbook V.2: What are the Implications for Special Education?

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The Department of Education recently issued Volume 2 of its COVID-19 Handbook. The handbook offers suggestions for creating safe and healthy learning environments, addressing lost instructional time, and supporting educator...more

Pullman & Comley - School Law

A Costly Mistake: Waiting Too Long To Correct an Error in an IEP

It is not uncommon for school districts and parents to disagree over what is to be included in a child’s individualized education program (“IEP”).  The Individuals with Disabilities Education Act (“IDEA”) provides a process...more

Franczek P.C.

New Bill Would Bring More Changes to Special Education Procedures

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Less than a year ago, Public Act 101-0515 sent Illinois special educators scrambling to comply with an array of new procedural requirements. Now, as if you aren’t dealing with enough challenges related to remote learning and...more

Franczek P.C.

ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities

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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

Franczek P.C.

Who Let the Dogs . . . In? Five Myths Busted About Service Animals in Schools

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When you get a request for a service animal in school, your mind may race with concerns. What if students or staff are allergic? Is the dog going to be a distraction for other students? Where will the dog relieve itself?...more

Franczek P.C.

New Law Adds Procedural Requirements for Special Education in Illinois

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You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed...more

Franczek P.C.

Supreme Court Will Review Two Special Education Cases this Term

Franczek P.C. on

The Supreme Court currently has two important special education cases on its docket for this term. The first is Endrew F. v. Douglas County School District (10th Cir.), which will revisit the free and appropriate public...more

Franczek P.C.

2015 Legislative Update: Summary Of Changes In School Law

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ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

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