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Posts by Alana Leffler

Ensure that Regular Education Teachers Have Access to Student IEPs

special education IEPs

Developing an IEP that is reasonably calculated to enable a student to make progress appropriate in light of the student’s circumstances is only one part of providing a free appropriate public education (FAPE).  The school district must also ensure that the IEP is implemented. Oftentimes, the IEP will provide the student with certain accommodations and/or…

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How to Handle Requests for Special Ed Evaluations When Expulsion Proceedings Are Pending

We have noticed a seemingly greater number of due process hearings around the country related to student discipline and manifestation determinations. This Legal Update will address the “11th hour referral,” a common but complex scenario which triggers several intertwined sets of procedural requirements related to student discipline and manifestation determinations under the Individuals with Disabilities Education…

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Federal Commission on School Safety Issues Final Report

On December 18, 2018, the Federal Commission on School Safety issued its much-anticipated final report. The Commission, led by Education Secretary Betsy DeVos, was created by President Trump following the school shooting in Parkland, Florida. It was tasked with “producing a report of policy recommendations in an effort to help prevent future tragedies.” The report…

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5 Tips for Responding to Reports of Bullying

As National Bullying Prevention Month draws to a close, it is important to reflect on the legal requirements and best practices for addressing reports of bullying and harassment. Effectively responding to reports of bullying and harassment is critical, not only for protecting the safety and wellbeing of the students, but also for protecting the school…

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Can a Student Be Expelled for Threatening School Violence?

School districts are increasingly confronted with threats of school violence made by students, and in light of national events, they are right to take them seriously.  Oftentimes, the question arises of whether such conduct is subject to expulsion. Can a School District Expel a Student for Threatening School Violence? Yes.  Section 120.13(1)(c)1. of the Wisconsin…

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Department of Education Seeks Input on Regulatory Reform

Female teacher teaching in classroom.

June 23, 2017 – In our June 16, 2017, Legal Update, we mentioned President Trump’s recent Executive Order on Enforcing the Regulatory Reform Agenda. The Executive Order directs Education Secretary Betsy DeVos to conduct a review of the Department of Education’s regulations and guidance documents and determine whether the Department of Education has overreached its…

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