Department of Education and Department of Justice Withdraw "Rethink School Discipline" Package

Dear Colleague: The purpose of this letter is to inform you that the Department of Justice and the Department of Education are withdrawing the statements of policy and guidance reflected in the following documents: Dear Colleague Letter on Nondiscriminatory Administration of School Discipline dated January 8, 2014; and Overview of the Supportive School Discipline Initiative dated January 8, 2014. Additionally, the Department of Education is withdrawing the following related documents: Guiding Principles: A Resource Guide for Improving School Climate and Discipline,dated January 8, 2014; Appendix 1: S. Department of Education Directory of Federal School Climate and Discipline Resources, dated January 8, 2014; Appendix 2: Compendium of School Discipline Laws and Regulations for the 50 States, Washington D.C., and Puerto Rico, dated January 8, 2014; and School Discipline Guidance Package FAQs, dated January 8, 2014. The Dear Colleague Letter on Nondiscriminatory Administration of Discipline (“Guidance”) discussed the legal framework that the Departments employ to analyze complaints of discrimination under Title IV of the Civil Rights Act of 1964 (Title IV), 42 U.S.C. §§ 2000c et seq., and Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d et seq., and its implementing regulations, 34 C.F.R. Part 100. Title IV authorizes the Attorney General in certain circumstances to institute a lawsuit against public school boards, colleges, and universities upon receiving a complaint of discrimination. Title VI prohibits discrimination based on race, color, or national origin by recipients of Federal financial assistance. The Guidance presented and analyzed, under Titles IV and VI, a number of factual scenarios involving the application of school discipline, and indicated what conclusions the Departments might reach in each scenario. On March 12, 2018, President Trump announced the formation of a Federal Commission on School Safety.  President Trump directed the Commission to study and make recommendations regarding several issues, including whether the Guidance and associated documents should be rescinded.  On December 18, 2018, the Commission recommended that the Departments rescind the Guidance and associated documents.  States and local school districts play the primary role in establishing educational policy, including how to handle specific instances of student misconduct and discipline, and in ensuring that classroom teachers have the support they need to implement appropriate discipline policies.  States and local school districts must also comply with the anti-discrimination protections contained in federal law, including Title VI.  The Departments have concluded that the Guidance and associated documents advance policy preferences and positions not required or contemplated by Title IV or Title VI.   Accordingly, the Department of Education and the Department of Justice have decided to withdraw and rescind the Guidance and associated documents. The Departments are firmly committed to vigorously enforcing civil rights protections on behalf of all students.  The robust protections against race, color, and national origin discrimination guaranteed by the Constitution, Title IV, and Title VI remain unchanged, and continue to be vital for educational institutions in the United States. This letter does not add requirements to applicable law and is not intended to, and does not, create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.  If you have questions or are interested in commenting on this letter, please contact the Department of Education at ocr@ed.gov or 800-421-3481 (TDD: 800-877-8339); or the Department of Justice at education@usdoj.gov or 877-292-3804 (TTY: 800-514-0383).  Sincerely, /s/                                                                              /s/ Kenneth L. Marcus                                                    Eric S. Dreiband Assistant Secretary for Civil Rights                         Assistant Attorney General U.S. Department of Education                                  U.S. Department of Justice

Retiring at the End of 2018 - 2019? Let Us Know!

IAASE is seeking information regarding members 

who will be retiring during or at the end of the 

2018-2019 school year

Please Respond by January 30, 2019 

IAASE wants to honor all 2019 retirees at the IAASE Winter Conference on February 21, 2019 in Springfield.

If you are an IAASE member and are retiring this year OR you know an IAASE member who is retiring PLEASE submit the retiree's name, district/cooperative, job title, and a digital picture of the retiree to Norma Gerrish at ngerrish@iaase.org by January 30, 2019.

Your help is greatly appreciated as we don't want to leave anyone out!

IEP Boot Camp: What School Administrators Need to Know About Legally Defensible-IEPs

January 2, 2019
10:00am - 3:30pm
Crowne Plaza Hotel
3000 S. Dirksen Parkway
Springfield, IL 62703

Lunch is included in the $35.00 registration fee.
Registration begins at 9:30 a.m.
10:00 - 3:30 Presentation/Training.

Description
The federal and State law requirements for writing IEPs-from who can serve as and the role of the LEA representative to making programmatic decisions-are extensive and can be confusing for school administrators who oversee or participate in their development. This IEP Boot Camp is designed to provide school administrators with the information they need to support the development of legally-defensible IEPs from the leading Illinois special education attorney-Teri Engler of Engler Callaway Baasten & Sraga, LLC.

Target Audience
Principals, Special Education Administrators, School Psychologist's and Social Workers

Speaker Information
Teri E. Engler is a partner at Engler Callaway Baasten & Sraga, LLC, a law firm that focuses its practice on the representation of public school districts and special education joint agreements. Ms. Engler has successfully represented school districts and special education cooperatives throughout Illinois in administrative and judicial proceedings, including proceedings under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, over the years, and is a member of many professional organizations in the fields of law education.

By registering for this event, you agree to the following: 
You are giving permission for the information which you have entered into the registration form to be printed on a participants' list. The list may be distributed to the workshop/conference participants.

Each registrant receives an official name tag, a careful payment record, and entry into the participant list.

Further you understand that when you register for this event, you are making a commitment to attend the workshop as lunch and materials have been purchased for you. If you cannot attend, you accept the responsibility to cancel with the conference registrar Connie Borowski atcjborow@ilstu.edu or (309) 438-1952 .

No refund requests will be honored after 12/27/18

Registration

For registration visit the following link:

Registration 

Questions?  Contact:

Region 3 SELA Representative: Meg Thurman mthurman@sps186.org

Special Education Administrators Needed for Science Assessment

ISBE is looking for some special education administrators who would to provide their input for the Illinois Science Assessment. This collaboration would meet three times on the following dates:

January 23, 2019, February 15, 2019, and March 8, 2019. Science background is encouraged, but not necessary. The collaboration would include other professionals in the science field. It would require some time and would be a great opportunity for the special education teachers to have a voice for helping to make ISA move forward as a science assessment. If interested in being a part of this collaboration or would like to recommend someone, please email lquimby@isbe.net

Get Registered - IAASE Winter Conference

Join us for the IAASE 20th Anniversary Winter Conference at The Crowne Plaza in Springfield on February 20-22, 2019. 

 Kick off on Wednesday, February 20 with an Administrator's Academy presented by Brandon K. Wright of Miller, Tracy, Braun, Funk & Miller, Ltd. This course is specially designed for administrators, teachers, and other special education professionals who need a “crash course” in the fundamentals of IDEA compliance and the emerging trends in special education law. Brandon will share his tips and strategies for avoiding legal missteps while offering a comprehensive overview of the IDEA and detailed explanations of the fundamental concepts of the IDEA and Section 504. Come prepared for a lively and informative day, packed with plenty of opportunities for audience participation and targeted answers to your most pressing questions. With a practical and fresh approach, this course will use real-life discussions about matters that affect the creation of legally compliant IEPs, including: trends in the case law; continuing impacts of Endrew F.; the role of technology, social media, and student privacy; behavioral interventions and school safety; and Section 504. By using case law from around the U.S., filtered through the lens of an experienced special education attorney, you will walk away with a renewed clarity about your legal obligations – and the confidence to keep focused on ensuring your district’s actions are legal, efficient, and effective!

Be prepared to be inspired by two great keynote presentations by Ben Glenn and Andre Norman, along with over 30 hours of professional development, including breakout session topics on mental health, Section 504, technology, behavior management, and the latest legislative and legal information impacting Special Education. The conference brochure is now available - Get registered early to take advantage of the reduced rate!

Update from the Board Meeting

The IAASE Board met this past week in Springfield at the office of the Illinois Principal's Association to discuss and take action on several items.  Members can find all of the action items posted on the Members Only section of our website.  Here are a few highlights of our work:

1. The Board discussed and took action to send a letter to the Illinois State Board of Education regarding the issue of IDEA Flow Through Grants.  Specifically, the Board agreed that the extension of six-months to the timeline was problematic and would make more work for schools and districts across the state.  As such, the Board respectfully requested an extension of a full year.  You can read the letter sent to the State Board by clicking here.  You should know that ISBE is planning on discussing this issue at its meeting this week on Wednesday.
2. Kim Moore, our Medicaid Committee Chair, recently attended the National Association of Medicaid in Education (NAME) Conference and reported on that work.  She also gave a report on all things Medicaid that can be found on our website by clicking here.
3. David Andel, Acting Director of Special Education at the Illinois State Board of Education was present at the meeting to give an update on the status of current issues at ISBE.  He congratulated IAASE Board Member Barb Moore on her new position as the Director of Special Education at ISBE as of December 17, 2018.  Read more in the ISBE report.
4. The Board heard an update from the Working Group on Staff Structure (Lead by Jimmy Gunnell and Missy Taylor).  The team noted that they continue their work and will have a more formal update at the Board meeting in February.

Other issues of importance include the following:

• We approved comments on the issue of Public Charge. (Members Only Link)
• We received a legal update from our attorney, Bennett Rodick at Hodges, Loizzi, Eisenhammer, Rodick, and Kohn.
• Heard an update from the CASE Board of Directors Meeting in Biloxi, MS.
• Heard an update from President-Elect Jami Hodge on the Winter Conference!
• Approved an amended budget for the current fiscal year.
• Received updated working guidelines for reimbursement of expenses related to Board member work and travel.
• The Board agreed to donate money to the upcoming Women in Education Leading and Learning (WELL) Conference.  Click here to get registered.  Thank you to Melissa Taylor (Belleville Township High School District 201) for all of her hard work on organizing this conference with the team.

After the Elections: What's Next For Special Education in Washington & Springfield

Join us on December 12, 2018 at 1:00 p.m. for our next members only webinar:

After the Elections: What's Next for Special Education in Washington and Springfield?

Panelists:

Shannon Miller Bellini - IAASE Legislative Liaison
Myrna Mandlawitz - CASE Legislative Liaison
Kevin Rubenstein - IAASE President, CASE Policy & Legislative Chair & Director of Student Services, Lake Bluff ESD 65

Get registered by clicking here.

New Year and New Laws - What's New for Schools and Special Education Administrators

As we finish up 2018, we begin thinking about our plans for New Years Eve.  When the calendar turns to 2019, a slew of new laws impacting schools takes hold.  As a reminder, the biggest changes beginning at the start of the 2018-2019 school year (i.e. you should already be implementing these things) included:

• Assistive Technology - The bill requires schools to notify parents at each IEP meeting of the availability of assistive technology services and to provide them with a toll free phone number to call for additional assistance.  (Note:  A uniform notice is coming from ISBE).

• Cursive Writing Instruction - all elementary schools must implement a unit of study on cursive writing.

• Dyslexia Handbook - The bill requires the Illinois State Board of Education to develop and maintain a dyslexia handbook, make it available on their website, and update it every four years. (Note:  IAASE Representatives are currently working with ISBE and other stakeholders on the first draft of this handbook).

• Hunger Free Students - The bill would allow students, regardless of ability to pay, to accumulate a minimum school lunch debt of $500 dollars. Once the $500 dollar threshold has been passed, schools would have to go through a state reimbursement and withholding process to attempt to recoup the money owed.

• Insurance Coverage - Hearing Aids - Creates an insurance mandate of coverage for hearing aids.

• Medical Cannabis - The bill requires school districts to authorize a parent or guardian of a student who is a qualifying patient to administer a medical cannabis infused product to the student on school premises or a school bus if both the student and the parent or guardian have been issued registry identification cards.

• Mental Health Notifications - The bill requires schools to notify student and families that a student may be eligible to receive mental health services from the school district under a federal Section 504 plan.

• Special Education Hearings - The bill provides that for special education impartial due process hearings, the hearing officer must issue his or her written decision within 10 business days (rather than 10 days) after the hearing.

• Suspension Programs - The bill allows in-school suspension programs for K-12 students to focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. It also allows a school district to employ a school Social Worker or Mental Health Professional to oversee such programs.

• Definition of a School Psychologist - The bill expands the definition of school psychologist to include a person that holds a valid Nationally Certified School Psychologist (NCSP) credential.

And come January 1, 2019, the following laws take effect:

• Birth Certificate Gender Change - The Act amends the Vital Records Act to allow an individual to change the gender on their birth certificate without having to first undergo an operation. It includes a verification process with licensed health care professionals.

• Concussion Brochures - The Act requires schools to disseminate a brochure to any family whose child may have sustained a concussion and requires the Illinois State Board of Education to adopt rules for accommodation for concussed students.

• Dental Exams - The Act requires all children entering kindergarten, second, sixth and ninth grades to have a dental examination.

• Epinephrine with Pre-filled Syringe - The Act provides that epinephrine may also be administered with a pre-filled syringe. 

• Human Trafficking Hotline - The Act requires school administrators to post notice of the human trafficking hotline in the administrative office or another location in view of school employees.

• Mental Illness Training - The Act provides that, at least once every two years, a school board shall require in-service training of licensed school personnel and administrators who work with children in kindergarten through grade 12 to identify the warning signs of mental illness and suicidal behavior in youth. 

• Student Attendance Professional Development - The Act requires a school district to make reasonable efforts to provide ongoing professional development on the appropriate and available supportive services for the promotion of student attendance and engagement.

12/3/2018 - Legislative Update

The Illinois Legislature convened for several days in November for its Fall Veto Session and took action on several bills of interest to IAASE.

Some positive steps taken by the legislature:

• Both Houses overrode the veto of the Governor and passed HB 4284, a bill that requires three members of the State Board of Education come from the education community.  This is important given the fact that five seats are open coming in January. (Effective immediately)
• The legislature overrode the veto of the Governor on HB 4657 (Manley, D-Joliet) which creates the Emotional Intelligence Education Task Force to develop curriculum guidelines and best practices on emotional intelligence and social-emotional learning.
• They also overrode the veto of the Governor on HB 5195 (Greenwood, D-E. St. Louis) allows school boards to provide free transportation for any pupil residing within 1.5 miles from the school attended where conditions are such that walking, either to or from the school to which a pupil is assigned for attendance or to or from a pick-up point or bus stop, constitutes a serious hazard to the safety of the pupil due to a course or pattern of criminal activity.
• Both Houses overrode the veto of the Governor and passed HB 4514, a bill that allows only those who are licensed as school counselors to use the title of school counselor. (Effective immediately)

And schools will now be required to display information on the school report card about their participation in the Illinois Youth Survey thanks to SB 2345 (Lightford, D-Westchester).

As a reminder, members you can find all of the information about all of the bills passed and when they are due to be implemented by clicking here.