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.Continue Reading Senate Bill 3606 Extends Reimbursement Eligibility for Public Special Education Programs
ISBE Releases Guidance on New Transition Laws
Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. These bills have both been signed by the Governor, and ISBE has issued an FAQ to address the many questions from the field on how these laws will work in practice.
Continue Reading ISBE Releases Guidance on New Transition Laws
Two New Bills Offer Extended Special Education Services to Transition Students
Just hours before the conclusion of the spring legislative session, the Illinois General Assembly passed two bills that will significantly impact students who receive services until age 22.
The first, HB40, impacts students who turn 22 during the school year by allowing them to continue to receive special education services until the end of that school year rather than until the day before their 22nd birthday. This is a change we have been anticipating for some time, and will take effect upon the Governor’s signature.
The second, HB 2748, titled “COVID-19 post-secondary transition recovery eligibility,” provides an extended period of IEP services for students who turned 22 “during the time in which the student’s in-person instruction, services, or activities” were “suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic.” Students who fit these criteria are eligible for services through the end of the regular 2021-2022 school year. Continue Reading Two New Bills Offer Extended Special Education Services to Transition Students
Physical Restraint and Time Out Update
Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier this month, it failed to do so. Some opposition continues, but we do expect the bill to be
Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools
Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final rules in April 2020, state and federal legislators have also been working on proposed laws that would both limit the use of physical restraint and seclusion and require plans to decrease the use of these techniques over time.
The Illinois legislation, Senate Bill 2315, was introduced last November. After input from stakeholders and various revisions, the bill appeared ready to move during veto session. As veto session was canceled, we may see a vote on the bill during the lame duck session in January. On the federal side, the Keeping All Students Safe Act was first introduced in 2009 (at that time called the Preventing Harmful Restraint and Seclusion in Schools Act). The bill has been reintroduced in the years since but never had sufficient support to pass. The bill was recently reintroduced in the House, and President-Elect Biden has voiced his support of the legislation.
Given the increasing possibility that one or both of these bills could become law, now is good time to learn more about their details. Here are the highlights:
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Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?
While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as stay-put, but have indicated the importance of providing remote services tailored to student needs. These early cases reinforce our guidance to make individualized decisions to meet student needs in these extraordinary circumstances. Further, documenting these determinations in an individualized remote learning plan that is incorporated into the student’s IEP can help guard against both procedural and substantive challenges.
Continue Reading Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?
Planning for Return to In-Person Instruction: Special Education Considerations
ISBE and IDPH recently released their guidance related to Starting the 2020-21 School Year. The guidance addresses a broad range of topics, including some suggestions related to special education. The following week ISBE issued an FAQ targeting special education issues. While many details remain to be worked out at the local level, here are our key takeaways related to placing a high priority on returning students with disabilities to in-person instruction, addressing the needs of medically fragile students, continued remote learning versus homebound instruction, face coverings, and the many demands and challenges facing IEP teams.
First, ISBE states that “high priority should be placed on providing in-person instruction for students with IEPs [and] 504 plans.” Additionally, “these students should be in attendance in-person daily during Blended Remote Learning Days.” Developing a plan to manage the learning and safety needs of an entire school and entire district, cooperative, or network is a major undertaking that includes balancing many competing demands. Given the additional needs of students with IEPs and 504 plans, as well as their additional legal protections (and the corresponding risks to not providing adequate services), prioritizing these students for in-person instruction is prudent.Continue Reading Planning for Return to In-Person Instruction: Special Education Considerations
Cheat Sheet for ISBE’s FAQ for Special Education on the Transition to In-Person Instruction
On June 30, 2020, ISBE issued an FAQ document with the purpose of assisting school districts in the transition to in-person instruction. This document, which supplements ISBE’s general guidance on return to in-person instruction during Phase 4, does not include waivers or offer flexibility on existing rules. Rather, it summarizes past and current recommendations in a potpourri of categories including (1) ESY, (2) compensatory services, (3) evaluations, (4) class sizes, (5) homebound services, (6) health and safety factors, (7) IEP meetings/mediations/hearings, (8) delivery of special education instruction and related service, and (9) rules related to private special education schools. An abbreviated version of the guidance, or “cheat sheet” follows. Also check out this post providing additional considerations and analysis related to planning for a return to in-person instruction.
Continue Reading Cheat Sheet for ISBE’s FAQ for Special Education on the Transition to In-Person Instruction
Prepare for Special Education Procedural Changes Enacted in New Remote Learning Law
We recently let you know about a pending bill that would make changes to several special education procedures. Senate Bill 1569 has now been signed by Governor Pritzker as PA 101-0643. The law makes numerous changes related to remote learning. For purposes of special education, consider the following action steps to meet the new requirements:
Continue Reading Prepare for Special Education Procedural Changes Enacted in New Remote Learning Law
New Bill Would Bring More Changes to Special Education Procedures
Less than a year ago, Public Act 101-0515 sent Illinois special educators scrambling to comply with an array of new procedural requirements. IAASE and other groups have been working to bring additional clarity to the law and make it more workable for schools while maintaining the original focus on parent participation. Senate Bill 1569 just passed in the legislature and, if signed, would make changes in each of the areas impacted by the original Act. Although you’re busy dealing with the challenges related to remote learning and preparing for the unknowns of next school year, take a few minutes to review the changes below and get ready to make a couple additional modifications to your processes.
Continue Reading New Bill Would Bring More Changes to Special Education Procedures