QUARTERLY E-NEWSLETTER April – June 2009 LEGAL UPDATESJune 2009 The U.S. Supreme Court, in its ruling in Forest Grove v T.A., maintained its previous position that disabled children, even if they had never before attended school within the public sector, continue to retain the right to retroactive reimbursement for private school placements due to their intensive special education needs.May 2009 WCT recently prevailed in an administrative due process hearing against the Chicago Public School District in a case which involved an 8th grade student diagnosed with Klinefelters Syndrome, a rare genetic disorder which impairs language abilities, seeking placement at a private day school for children with Learning Disabilities. See the decision, G.S. v Chicago Public School District No. 299. A pending Senate Bill 1292 seeks to amend the Illinois Pension Code to establish a two- tier pension system for members of the Teachers Retirement System (TRS.) The new law would include different provisions for teachers hired after August 1, 2009, including provisions concerning creditable service, alternative forms of retirement annuities, annual increases, employee contributions, refunds and re-entry after retirement.April 2009 A pending Illinois House bill, HB 628, was sent to the Senate for approval which would require school districts to provide access to parents of special education students, independent educational evaluators and/or experts to observe students in the school setting. Currently, school districts can provide access at their discretion to these individuals. The Illinois State Board of Education finally issued guidance regarding two new public acts, PA 95-0844 and PA 95-0938, which affect the residency statutes in Illinois. Please see our memo, Implementation of PA 95-0844 and PA 95-0938, for details. Senate Bill 1391 was sent to the House for approval requiring the ISBE to adopt rules to provide standards for the certification of marital and family therapists employed by school boards.
RECENT PUBLICATIONSBabysitting and Children Home Alone UPCOMING PRESENTATIONS Date Title/Topic Organization July – September 2009 Psychiatry and the Law University of Illinois at ChicagoThis e-newsletter is provided as a courtesy only. For the most up to date and additional information, please visit Whitted Cleary & Takiff’s website at www.wct-law.com. Please also note that the information you obtain from this e-newsletter and our website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.