Franczek P.C.

What You Should Know About the Critical Skills Test for ESY

By Jennifer Smith & Jackie Gharapour Wernz on July 3, 2019

Summer is upon us and so it’s the season for Extended School Year (ESY) services. What better time than now to brush up on the law in this area? Most special education school leaders are familiar with the regression/recoupment test, but many are less aware of the critical life skills test. What is it, and when does it apply?…

Special Education Law Insights

First Circuit Refuses to Heighten the Endrew F. FAPE Standard or Find LRE Violation for Self-Contained Program Placement

By Dana Fattore Crumley & Jackie Gharapour Wernz on June 14, 2019

A recent decision from the First Circuit Court of Appeals (the highest federal court in the jurisdictions of Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island) rebuffed attempts by a student’s parents to heighten the “[f]ree appropriate public education” (FAPE) standard under Endrew F. The court also applied the same standard used by the Seventh Circuit, which has jurisdiction over Illinois, to analyze a claim that a school district failed to provide a student…

Wage & Hour Insights

Alabama Becomes Latest State To Restrict Salary History Inquiries

By Bill Pokorny on June 12, 2019

On June 11, 2019, Alabama Governor Kay Ivey signed a new law that prohibits wage discrimination based upon sex and protects workers who decline to share their salary history with a prospective employer. The new law takes effect August 1, 2019. Unlike laws in some other states, the Alabama law does not bar employers from asking for salary history information, but prohibits employers from refusing to interview or hire applicants who decline to provide such…

Wage & Hour Insights

Illinois Poised to Ban Salary History Inquiries

By Bill Pokorny & Brianne Dunn on June 7, 2019

Among the bills awaiting signature by Illinois Governor J.B. Pritzker is an amendment to the Illinois Equal Pay Act of 2003 that would ban employers from asking job applicants for information about their wage, salary or benefits history. Governor Pritzker is expected to sign the bill, HB834. With this new law, Illinois joins at least 12 other states and multiple counties and municipalities in restricting employers’ ability to obtain or use applicants’ compensation history…

Wage & Hour Insights

Fair Workweek Ordinance May Be Coming Soon in Chicago

By Bill Pokorny on May 31, 2019

The City of Chicago has flirted with enacting a “Fair Workweek” ordinance, aimed at ensuring predictable work schedules for workers, for several years. While the ordinance failed to gain traction in its prior iterations, this time it has a powerful proponent in Mayor Lori Lightfoot, who has made passing the ordinance one of her priorities for her first 100 days in office. If it passes, the ordinance will impose significant new regulatory obligations on…

Special Education Law Insights

Six Key Takeaways from Nevada Decision on GPS Tracker’s Audio Function

By Kathryn Vander Broek, Jackie Gharapour Wernz & John Swinney on May 1, 2019

AngelSense™, Amber Alert GPS™, Pocket Finder™, Filip™. The list of tracking devices for students with special needs constantly grows, and parents increasingly seek to send such devices with their students to school. The use of GPS is usually uncontroversial. But what if the device allows parents to listen into or even record what the student hears at school? Such functions can raise a plethora of legal concerns. In a recent due process decision from Nevada,…

Special Education Law Insights

Avoiding Reading Curriculum Wars in Special Education

By Dana Fattore Crumley, Jackie Gharapour Wernz & Brianne Dunn on April 30, 2019

A recent Education Week Curriculum Matters blog post, “Meet the Moms Pushing for a Reading Overhaul in Their District,” is an important reminder of the challenges that can arise when parents and school staff do not agree on reading methodology for students with special needs. While the law allows schools to choose methodology for students receiving special education and related services in reading and other curricular areas, conflicts over curriculum choices can be…

Special Education Law Insights

Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities

By John Swinney, John Relias & Jackie Gharapour Wernz on April 11, 2019

We all know by now that some modifications and accommodations are required to provide students with disabilities equal access to extracurricular activities. But the details can be tricky for even the most well-seasoned special education professionals. Our own John Swinney will be tackling this and other exciting student activities topics tomorrow, April 12, 2019, at the Illinois Directors of Student Activities State Convention in Rosemont. He hopes to see many familiar faces there! For those who want…

Special Education Law Insights

Recent Lower Court Decision in Fry v. Napoleon Sheds Light on New Exhaustion Standard

By Dana Fattore Crumley, Jennifer Smith & Kathryn Vander Broek on April 2, 2019

In 2017, the Supreme Court issued an opinion, Fry v. Napoleon, stating that unless parents/guardians seek relief that is also available under the IDEA, they need not exhaust IDEA procedures by filing a complaint for a due process hearing before filing a lawsuit under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. The Supreme Court sent the case back to the Michigan federal trial court so that…

Special Education Law Insights

Back to Basics: OCR is at the Door – Five Steps to Mount Your Best Defense

By Jackie Gharapour Wernz on March 25, 2019

Most of the cases the Department of Education’s Office for Civil Rights (OCR) handles involve disability discrimination, including claims that a school failed to implement an IEP or Section 504 plan. In our experience, however, OCR is often an afterthought for school employees who work in the field, and when OCR comes knocking school leaders often feel unprepared. Read on for five tips to help you feel more confident the next time you receive notice…

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What You Should Know About the Critical Skills Test for ESY

First Circuit Refuses to Heighten the Endrew F. FAPE Standard or Find LRE Violation for Self-Contained Program Placement

Alabama Becomes Latest State To Restrict Salary History Inquiries

Illinois Poised to Ban Salary History Inquiries

Fair Workweek Ordinance May Be Coming Soon in Chicago

Six Key Takeaways from Nevada Decision on GPS Tracker’s Audio Function

Avoiding Reading Curriculum Wars in Special Education

Back to Basics: The Four Questions You Must Ask to Assess Requests for Modifications in Athletics and Extracurricular Activities

Recent Lower Court Decision in Fry v. Napoleon Sheds Light on New Exhaustion Standard

Back to Basics: OCR is at the Door – Five Steps to Mount Your Best Defense

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