Posts by Alana Leffler
OCR Releases New Q&A Guidance for K-12 Public Schools Regarding Educating Students with Disabilities during COVID-19
On September 28, the Department of Education Office for Civil Rights (OCR) published thirteen questions and answers pertaining to public schools in the current COVID-19 environment. While this document is not legally binding, it gives insight into the OCR’s position on various new topics. The OCR references the newest CDC guidance which encourages local communities…
Read MoreTitle IX Sexual Harassment Policy Checklist
As we reviewed in a previous Legal Update, the U.S. Department of Education issued new Title IX regulations establishing requirements for a school district’s response to reports of sexual harassment in its programs or activities. The new regulations went into effect on August 14, 2020, as schools were inundated with issues related to COVID-19 and school…
Read MoreEnsure Substitute Teachers Are Aware of Accommodations in IEPs and 504 Plans
In a previous Legal Update, we discussed the importance of ensuring that regular education teachers, including substitute teachers, have access to their students’ IEPs and are aware of the specific accommodations and/or modifications that must be provided pursuant to the IEP in the regular education setting. This is especially critical during the current COVID-19 pandemic, when…
Read MoreCOVID-19 Legislation: Key Provisions for Public Schools
On April 15, 2020, Governor Evers signed 2019 Wisconsin Act 185 into law. This Legal Update focuses on the key provisions related to public school districts. 1. Accountability Reports The Department of Public Instruction (DPI) is prohibited from publishing school and school district accountability reports in the 2020-21 school year. 2. Student Assessments a. Administration of Assessments. State…
Read MoreDepartment of Education Releases Title IX Final Rule
Last week, the Department of Education released its Final Rule setting forth updated Title IX regulations. This Legal Update will summarize the new regulations impacting K-12 schools. The new regulations go into effect on August 14, 2020. Even during the COVID-19 Emergency and during periods of virtual learning, it will be important to ensure that…
Read MoreAdditional Guidance on Educating Students with Disabilities During COVID-19 School Closures
Since our March 17th Legal Update, the Wisconsin Department of Public Instruction (DPI) and the Office for Special Education and Rehabilitative Services (OSERS) have issued additional guidance related to the education of students with disabilities while schools are closed due to the COVID-19 pandemic. The guidance reinforces the importance of making determinations regarding individual services…
Read MoreCOVID-19 School Shutdown: Compensatory Education Guidance for Students with IEPs or 504 Plans
On March 13, 2020, Governor Evers directed that all K-12 schools, public and private, are to be closed until at least April 6, 2020. This Legal Update will discuss the circumstances, process, and considerations according to which school officials should determine whether compensatory services are required for eligible students under the Individual with Disabilities Education…
Read MoreGovernor Evers Signs New Laws Related to Dyslexia and Special Meeting Notices
Governor Evers signed a number of new bills into law that are relevant to Wisconsin schools, including a law that requires the Department of Public Instruction (DPI) to create a guidebook related to dyslexia, and another which provides school boards with additional flexibility in how school board members may be notified of special school board…
Read MoreEnsure that Regular Education Teachers Have Access to Student 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…
Read MoreCan Safety Concerns Outweigh a Parent’s Right to Access Student Records?
The Family Policy Compliance Office (FPCO), the division of the U.S. Department of Education that enforces federal laws related to student privacy, has advised that safety concerns may outweigh a parent’s right to access information contained in his or her child’s student records. In Letter to Arakaki, 119 LRP 1066 (FPCO 08/01/18), the FPCO concluded…
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