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Seventh Circuit denies reimbursement for unilateral placement where student is progressing, despite school’s procedural errors

Franczek Radelet PC
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USA
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January 16 2012

In M.B. v. Hamilton Southeastern Schools, the Seventh Circuit rejected the parents’ procedural and substantive claims because the procedural errors did not prevent the parents from participating in the IEP process or impact the student’s IEP, and the student was making progress toward his IEP goals

Supreme Court to reconsider affirmative action in college admissions

Franczek Radelet PC
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USA
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February 24 2012

The United States Supreme Court decided this week to review the constitutionality of a race-conscious admissions policy at the University of Texas at Austin

Effect of revocation of consent for idea services on entitlement to 504 services

Franczek Radelet PC
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USA
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April 20 2012

Students who are eligible for special education and related services under the IDEA are also eligible for services under Section 504 (though not all students eligible under Section 504 are eligible under the IDEA

Disparity in primetime games can be a Title IX violation

Franczek Radelet PC
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USA
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March 22 2012

The Seventh Circuit recently determined that scheduling boys’ high school basketball games for Friday and Saturday nights while scheduling girls’ games for weeknights may deny girls equal athletic opportunity and violate Title IX

Illinois appellate court rules districts are not required to provide transportation to nonpublic and charter school students when public schools are not in session

Franczek Radelet PC
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USA
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June 26 2012

The School Code requires school districts to provide transportation to students attending charter and nonpublic schools that live at least 1.5 miles from the school attended

Seventh Circuit finds holding high school graduation in a church violates the establishment clause

Franczek Radelet PC
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USA
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July 30 2012

A Wisconsin school district held graduation ceremonies for its two high schools in a non-denominational, evangelical Christian church for several years

Circuit court upholds department regulations excluding cochlear implant mapping from definition of related services

Franczek Radelet PC
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USA
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May 10 2012

The IDEA and its implementing regulations require districts to provide students with disabilities assistive technology devices and services as well as related services to enable them to benefit from special education and receive a free and appropriate public education (FAPE

IL Supreme Court rules school district may be liable for "passing" a teacher to another district

Franczek Radelet PC
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USA
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August 15 2012

The Illinois Supreme Court recently held in Doe-3 v. McLean County Unit District No. 5 that a school district may face liability for failing to accurately report a teacher’s work history to a requesting district where the teacher had been disciplined for sexual misconduct at the first district and went on to abuse eight students at the new district

District Court finds First Amendment does not protect former guidance counselor’s sexually-explicit book

Franczek Radelet PC
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USA
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March 12 2013

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance

District court rules district must fund student’s stay-put placement through appeal to circuit court, though district’s IEP offered student FAPE

Franczek Radelet PC
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USA
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September 13 2012

When a dispute arises between parents and a district concerning the special education identification, evaluation, placement, or free appropriate public education (FAPE) of a student, the IDEA provides that the student will remain in his or her “then-current educational placement” during the pendency of the dispute