In this second blog post in our series on the OSERS Question and Answer document on IDEA requirements related to returning to in-person instruction, we are focusing on two questions relevant to this time of transition and uncertainty. (Our first
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New OSERS Guidance on Reopening, Compensatory Services
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A provides guidance on special education issues, including IEP meetings,
New DOL Rule Adds Civil Penalties for Taking Employee Tips
In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S. Department of Labor announced a new final
ISBE Updates Guidance on New Transition Laws
In July, the Illinois State Board of Education published non-regulatory guidance to assist schools in implementing HB 40 and HB 2748, now Public Act 102-0172 and 102-0173, respectively. The FAQ addressed many of questions from the field, as we summarized
Even High Earning Supervisors Can Be Entitled to Overtime
Wage and hour law is full of traps for the unwary. Even compensation practices that are well-accepted across an entire industry can sometimes create huge headaches for employers in the face of a legal challenge. Case in point: A recent
Are Title IX Live Hearings A Thing of the Past?
Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the “Suppression Rule” brought about
New Federal Guidance Reiterates Child Find Responsibilities
Welcome to the 2021-2022 school year. As the new year gets underway, the Office of Special Education and Rehabilitative Services (OSERS) within the Department of Education advised states and districts that it will be providing a series of guidance documents
New Year, New Laws
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 services
Students with Long COVID May Need Support Under Section 504 or the IDEA
On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to experience new, returning, or ongoing post-COVID
ISBE Releases Guidance on New Transition Laws
Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. These bills have both been signed by the