The Next Mile in Gender Litigation: Transgender Participation in Women’s Sports
Franczek P.C. Blogs
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ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities
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 memorandum to Illinois special education due process hearing officers and state directors of special education, ISBE announced the change, which is effective immediately. This change will have important impacts on Illinois public schools.
In Illinois, districts can receive reimbursement from…
ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out
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 hundred comments on the initial proposed rules and include several significant changes, most notably permitting isolated time out in specific circumstances. The revised proposed rules next go to JCAR for Second Notice and will be considered at an upcoming JCAR meeting. If…
Should You OPEN Your Institution’s Doors to OCR: New Civil Rights Office Raises Questions
The U.S. Department of Education has created a “new, proactive” civil rights compliance center within its Office for Civil Rights. The Department describes the Outreach, Prevention, Education and Non-discrimination, or OPEN, Center as an effort to “support[ ] school districts, colleges, and those closest to students” by providing educational institutions “technical assistance to help them come into compliance with federal civil rights laws prior to the filing of a complaint.” Yet OCR retains the right to…
Threat Assessments: Three Key Issues for Illinois Schools
Is your school threat assessment team in place and ready to act in order to meet upcoming legal deadlines? Does it understand the interaction between threat assessments and special education evaluations? Is it adequately prepared so that your school will not be the next one in the media spotlight for a threat assessment gone wrong? In this post, we highlight three key issues involving threat assessment and describe upcoming opportunities to learn what you need…
IASPA Annual Conference: Title IX Fundamentals for K-12 Personnel Administrators
I was honored to speak recently at the Illinois Association of School Personnel Administrators (IASPA) Thirteenth Annual Conference on January 23, 2020. Franczek P.C. is a longtime, proud sponsor of IASPA and was a Silver Sponsor of this year’s conference. I saw many familiar faces in the room and throughout the conference center. My topic–Title IX Fundamentals for Personnel Administrators–is always a hot one, because for many in human resources Title IX is an afterthought until…
Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules
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”) released a Guidance and FAQ document aimed at providing clarification. The Guidance, which ISBE issued in collaboration with the Illinois Counsel of School Attorneys (“ICSA”), explains what does and does not constitute a time out—one of the issues that has caused…
What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?
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 issued amendments to the emergency rules, and finally, on December 9, 2019, ISBE published proposed permanent rules on the use of time out and physical restraint. We have heard and raised numerous questions and concerns regarding the practical implications of the emergency…
Jail Time for Responsible Employees Under Title IX? In Texas, Maybe
We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible…
Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement
After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural requirements for special education teams. Senate Bill 460 (Public Act 101-0598) amended the Children with Disabilities Article of the School Code to delay the requirement that special education teams provide a child’s parent or guardian with copies of all written materials…