Related to: Private School
We have been seeing an increased number of due process hearing requests involving demands for reimbursement for unilateral private school placement by parents. The stakes in these situations are often high, particularly if the private placement selected by the parents is a residential program. Before deciding on a course of action, it is imperative to…
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Happy National Special Education Day! Today commemorates the anniversary of the Individuals with Disabilities Education Act (formerly the Education for all Handicapped Children Act) being signed into law in 1975. This was truly a historic milestone. Until then, many children with disabilities were excluded from school. The IDEA was enacted to ensure that every child…
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Discipline is a school’s system designed to minimize disruption and promote positive social interaction. This is achieved through behavior management techniques such as positive reinforcement, social skills training, and development of problem-solving and decision-making skills, as well as punishment. Districts must still carry out discipline during remote and hybrid learning but, like everything else during…
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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…
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On the heels of national mental health awareness month and as school districts begin planning their summer inservices, it is a perfect time for a refresher on the extent to which schools can and should address the mental health needs of students. Although schools are not mental health care providers, a student’s mental health condition…
Read More 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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With each year, technology plays a more significant role in schools and classrooms. For example, most school districts use a web-based student information system to manage student data and share that data with parents and school staff. In addition, if a school district provides a 1:1 device to students, such as an iPad or Chromebook,…
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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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As part of its endeavor to shift power from federal government to state and local governments and communities, the Trump Administration has been reviewing the role of the Department of Education and the Office for Civil Rights (OCR). On April 26, 2017, President Trump signed an Executive Order which directs Education Secretary Betsy DeVos to…
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Earlier today, Federal District Court Judge Reed O’Connor of the Northern District of Texas issued a preliminary injunction in State of Texas et al. v. United States of America et al. This case began when thirteen states and agencies, including the State of Wisconsin, filed a lawsuit alleging that the interpretation of “sex” in the joint…
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