Franczek P.C.

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,…
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…
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…
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…
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…