On May 23, 2024, Senate Bill 3606 (“SB 3606”) passed both houses. If signed into law by Governor Pritzker, SB 3606 will amend the Children with Disabilities Article of the Illinois School Code to provide for expanded state reimbursement opportunities to ensure that all children with disabilities receive the support and resources they need.

Pursuant to Senate Bill 3606 (“SB 3606”), the definition of “special educational facilities and services” will now include private special schools and separate public special education day schools. Separate public special education day schools are separate special education programs or facilities that are established by a school district, public school, regional office of education, or special education cooperative exclusively to meet the needs of special education students who cannot be educated in the general school environment and that provides services comparable to a private special education school.

SB 3606 addresses tuition payment adjustments for children placed in separate public special education day schools and closes the loophole that neglected to provide for reimbursement for school districts who placed high need special education students in separate public special education programs. School districts will be reimbursed for separate public special education day schools in the same manner as they are reimbursed for private special education schools and private residential facilities.

This means that school districts will be provided with the same level of funding from the State regardless of whether the student is recommended for a public or private school special education program.

If you have any questions regarding special education placement or anything mentioned in this article, please contact one of the authors of this alert or any Franczek attorney.