QUARTERLY E-NEWSLETTER April – June 2012

June 2012

The U.S. Department of Education released its new publication, "Restraint and Seclusion: Resource Document" describing 15 principles to consider when developing or revising policies and procedures on the use of restraint and seclusions in schools.

A new case out of the Utah Supreme Court found that school officials could not claim

government immunity when defending themselves in a case where a student was accidentally shot and killed during a musical production at the school. Staff members allowed a real gun (loaded with blanks) to be used in the play, with the stipulation that only adults could handle the weapon. Despite this rule, students who were unsupervised handled the gun, and a blank was fired near a student's head resulting in his death. The Utah case has no precedence in Illinois, however Utah's immunity statute is similar to Illinois' in language, and as such might be utilized in future Illinois litigation.

The ISBE approved an amendment to the medical review regulations requiring schools to employ certificated school nurses (after July 1, 2013) to make recommendations regarding educational interventions, accommodations, or modifications for students with IEPs and 504 Plans.

May 2012

A newly proposed Illinois Senate bill (SB 2849) would expand the definition for a "neglected child" to include any child who is subjected to an environment injurious to his or her health and welfare.

A pending Illinois House Joint Resolution (HJR 79) would create the Area Career and Technical Education and Vocational Centers Task Force, in an effort to study whether the state should fund area career/vocational centers and career and technical education programs.

April 2012

The U.S. Department of Education has announced that the President's budget proposal for FY 2013 will include a plan to freeze funding for special education. In FY 2012, the Federal government only covered 16.3% of the national average per pupil expenditure, far less than the 40% funding promise made to states through the IDEA.

A new Senate Bill (SB 3415) would require all school officials (of private and public schools) including teachers, guidance counselors, and support staff to immediately notify the office of the principal if a student commits certain specified offenses, including (but not limited to): an assault, a battery, a criminal sexual assault or abuse (on school grounds or school-owned or leased property, including school buses), and incidents involving "great bodily harm."

LEGAL UPDATES

Consolidated Guide: School Law Timelines

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Date

Title/Topic Organization

7/11/12

Illinois Special Education Law: Challenging IEP Denials and What to Look

for in IEP Assessments to Ensure That Proper Testing was Done

Cook County Juvenile Court

7/25/12 Privacy, Ethics and Records Requests: How to Requet Confidential Records in an

Ethically Compliant Manner

n/a

1/29/13 IEPs – Be an Active and Informed Partner in the IEP Process

Warren Township Youth & Family Services

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