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Special Education Law Insights

New IDEA Funding in the American Rescue Plan Act

By Kendra Yoch

March 17, 2021

The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I formula. This amounts to an average of $2,521 per student in Illinois, though districts with more disadvantaged students will receive more while other districts will receive less. Some of the money will also go to states…

Special Education Law Insights

OCR Decision Highlights Common Child Find Red Flags

By Brianne Dunn & Jennifer Smith

February 22, 2021

A recent OCR decision out of Wyoming is a reminder to school districts of their Child Find obligations—including during remote instruction. In Teton County School District, Wyoming, OCR found in favor of the school district who responded to a doctor’s note diagnosing anxiety and depression with immediate supports and initiating an evaluation. The case illustrates the perils of informal communication about disabilities but confirms that not every reference to a disability triggers the obligation to…

Special Education Law Insights

Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning

By Kendra Yoch & Jackie Gharapour Wernz

January 28, 2021

In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related to special education services during the pandemic. You’ll recall that since the early days of COVID-19 and the first school shut-downs, the Department of Education has maintained that, while the methodology may change, the obligation to provide a free and appropriate public education to…

Special Education Law Insights

Is Providing Services to the Greatest Extent Possible Enough?

By Kendra Yoch

December 14, 2020

*Also authored by Mikaila John The COVID-19 pandemic has presented hardships for all students and school leaders, and it has been particularly challenging for students with disabilities and their IEP teams. Over the last nine months, districts and schools have been trying to figure out the most practical and effective ways to deliver special education and related services in a remote and hybrid learning environment. At the same time, a growing number of parents have…

Title IX Insights

Hundreds of Organizations Ask Biden for Immediate Change in Title IX; How Realistic are the Demands?

By Jackie Gharapour Wernz

December 13, 2020

Over 100 self-described advocates for civil rights and student survivors of sexual assault and harassment recently signed a letter asking President-elect Joe Biden to “stop enforcement” of the new Title IX rules “as soon as [he] takes office.” As discussed elsewhere on this blog, there is an open question about whether such a quick reversal on the Title IX rules is possible. Unless done well, a fast rollback of the rules could put schools, colleges,…

Title IX Insights

Q&A: What the U.S. Department of Education’s New Clery Act Appendix Really Means for Colleges’ and Universities’ Clery Act Compliance Efforts

By Amy Dickerson & Emily Tulloch

November 30, 2020

Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act regulations, leaving higher education institutions with 13 pages of sub-regulatory guidance. While the contents of the Appendix do not have a binding effect on institutions, the ED stated that its intent was to provide clarity regarding existing Clery Act statutory and regulatory…

Special Education Law Insights

What Will a Biden-Harris Administration Mean for Special Education?

By Kendra Yoch & Jennifer Smith

November 12, 2020

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight Biden’s agenda related to special education. In his campaign, Biden made several important statements about his aims on this topic. Most importantly, he supports full funding of the Individuals with Disabilities Education Act (IDEA). The…

Title IX Insights

What Comes Next? Title IX Under a Biden Presidency

By Jackie Gharapour Wernz

November 8, 2020

As a Presidential candidate, Joe Biden promised that, if elected, he would put a “quick end” to the Trump administration’s 2020 Title IX rule on sexual harassment. Now, Biden is the projected winner of the 2020 Presidential election. What does that mean for Title IX and, most importantly, for the schools, colleges, and universities that must comply with it? The Trump administration used rulemaking to update Title IX, not the more-easily discardable informal guidance used…

Title IX Insights

The Best Things in Life: Free Title IX Training Resources for Rules Compliance

By Jackie Gharapour Wernz

October 21, 2020

It has been over two months since the 2020 Title IX regulations setting forth a new procedure for addressing school-based Title IX sexual harassment complaints went into effect. The new rules require, among many other things, that all members of what we here at Franczek P.C. call the “Title IX Team” receive training. Our attorneys are leaders in helping schools and their attorneys learn the new law, both through free resources and a comprehensive training…

Special Education Law Insights

OCR and OSEP Issue New Q&As related to Special Education in the Current COVID-19 Environment

By Kendra Yoch & Jennifer Smith

October 2, 2020

OCR recently published a Q&A document providing expectations for compliance with civil rights laws during the pandemic. While OCR is not responsible for enforcing the IDEA, it is responsible for Section 504. Because students with IEPs are generally also protected by Section 504, the new guidance is applicable to students both with Section 504 plans and with IEPs. At the same time, OSEP published a Q&A document providing guidance specifically related to the IDEA. Much…