On May 19, 2023, the Department of Education Office for Civil Rights (OCR) and the Justice Department (DOJ) issued a joint letter addressing barriers that college students with disabilities face while accessing online services, programs, and activities—an issue that has
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August 2019
Latest from Special Education Law Insights
New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians
As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to interpreters and translated documents. These changes, which went
Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines
As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is fast
U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA
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 requirement does not
Trends in Due Process Litigation
Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the number of
Title IX Protections for Pregnancy after Overturning of Roe v. Wade
The Biden Administration has recently taken steps through agency guidance, rulemaking and decision-making to highlight protections for students and employees with pregnancy-related conditions, including abortion, under the umbrella of Title IX. Against the backdrop of the Supreme Court’s recent decision
OCR Releases Revised Case Processing Manual with New Updates to Complaint Process
On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to investigate and resolve complaints
OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior
On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students with disabilities specific to student discipline. The
Governor Pritzker Signs Two New Special Education Laws Regarding Placement and Interpretation Services
Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved facilities and the second, Public Act 102-1072 (House Bill
Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities
In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure to address repeated