Our Partner Jennifer Smith asked an important question during the Legislative Update session yesterday at IAASE’s 2019 Fall Conference: What can Illinois special education teachers and administrators do to help ensure that the legislature makes necessary fixes to Public Act 101-0515—or as IAASE aptly calls it, “That Pesky RTI and Special Education

A speech pathologist goes out on unexpected medical leave. Three paraprofessionals quit in one week. A special education teacher is abducted by aliens and no substitutes are available. Sometimes staff absences are unavoidable, and they are almost always unpredictable. Shortages in special education in particular are making it difficult to find qualified teachers, related services providers, and substitutes and replacements when one of those professionals is unavailable unexpectedly. As we previously explained, a recent Illinois law (HB 3586) added notification requirements when a student’s IEP services are not provided. Although we hope that this increased communication and proactive planning for compensatory services can decrease due process and Illinois State Board of Education (ISBE) complaints related to missed services, there is no doubt that special educators have many questions about how to comply with the new notice requirements. Let’s break down exactly when parental notification is required and what it should look like.
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With all the hub-bub about HB 3586 (more on that here!), you would be excused if you missed that another special education law, passed last year, went into effect this school year. This one is easy to implement. The law requires that the district post on its website and in its student handbook or “newsletter notice” that students with disabilities who do not qualify for an IEP may qualify for services under Section 504 if the student has a physical or mental impairment that substantially limits one or more major life activity, has a record of a physical or mental impairment, or is regarded as having a physical or mental impairment. That’s it. Or is it?
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You know from our previous post regarding recent legislation in Illinois, we have had our eye on House Bill 3586, which has been awaiting the Governor’s signature since June. Well, the time has come; Governor Pritzker signed the law on Friday (PA 101-0515). And there were no amendments to the law to address some of the areas of confusion that were identified after the bill was passed by the legislature. The amendments to the Children with Disabilities article of the School Code brought by the law are immediately in effect, although revisions may be on the horizon during the veto session. For now, special education professionals should promptly implement the significant procedural requirements under the law. We will keep you posted regarding any changes or guidance from ISBE that may impact the implementation of the law, but for now, make plans to meet the following requirements.
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You would be forgiven if you can’t keep up with the many changes in the Illinois laws governing education at back-to-school time this year. As if Illinois special educators and administrators don’t have enough to do already, a significant number of laws passed or awaiting Governor Pritzker’s “John Hancock” impact special education. See the end of this post for information about the many Franczek resources on the horizon to assist with understanding the current education-legislation landscape. For now, we wanted to make sure you are aware of some particularly noteworthy legal changes relating to students with medical concerns and medication needs that you should be actively working on now. We have all you need to know here.
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