Category Archives: Special Education / School Law

Groundhog Day

As February approaches I am reminded of the movie Groundhog Day where Bill Murray plays a weatherman who is sent to Punxsutawney, Pennsylvania to cover the annual Groundhog Day festivities. Groundhog Day has become shorthand in popular culture as a … Continue reading

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Accelerated Placements: Illinois School Law Update

On July 1, 2018, 105 ILCS 5/14 as amended went into effect. It essentially requires that school districts have non-discriminatory gifted, talented and accelerated programs, and obligates school districts to develop a policy that allows for accelerated placement of eligible … Continue reading

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Endrew F.-What have we learned?

The cases interpreting and applying the Endrew F. standard have continued to grow and expand the definition of what is required of school districts in their effort to provide a free, appropriate education to students. The following are bullet points … Continue reading

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Summary of Dear Colleague Letter-November 16, 2016, By Attorney Sharon Falen

On November 16, 2015, the United States Department of Education issued a “Dear Colleague Letter” in an effort to clarify for states and local educational agencies their obligations under the Individual with Disabilities Education Act (IDEA). In summary, the Letter … Continue reading

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Equality in Education: The Denial of FAPE as a Result of a Systemic Breakdown

I started my practice on the North Shore of Chicago for a number of reasons. The most important one was that I lived in one of the suburbs, was a single mother with no family to count on, and the school … Continue reading

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Restraint and Seclusion in Schools-Guest post by Attorney Sharon Falen of The Child & Family Law Center

Illinois has been recognized as one of the model states in school discipline reform, but there is much to know about this issue. This article offers a brief summary of the two major means of controlling behavior in the classroom: … Continue reading

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Autism Reflections – A Twenty Year Retrospective

Twenty-one years ago, I started this practice and the next phase of my life. In the previous decades, it was estimated that 4-5 children in 10,000 suffered from an autism spectrum disorder. My first due process case and appeal involved … Continue reading

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New Laws that Impact Special Education

Specific Learning Disability: Dyslexia. This section defines dyslexia and provides that it is one of the several disorders included as a specific learning disability. This statute requires that  students suspected of having dyslexia or who have been identified as dyslexic … Continue reading

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Progress: How much is enough?

Parents are often surprised to learn that the school district’s obligation to a student with a disability is not to maximize the student’s potential. This is one of the central questions in most cases in our offices. What parent would … Continue reading

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Every Student Succeeds Act

In early December of 2015, Congress, in a bi-partisan vote, replaced the No Child Left Behind Act with the new law, Every Child Succeeds Act (“ESSA”) which is the latest reauthorization of the Elementary and Secondary Education Act of 1965. The … Continue reading

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