On May 30, 2021, SB1577 passed both houses and, if signed by the Governor, will amend the School Code to reflect that the mental or behavioral health of a student is a “valid cause” for absence from school. Currently, valid exemptions recognized for school-age children to be absent include but are not limited to illness, religious holidays, death in the immediate family, and family emergencies. Additionally, in January 2019, “other circumstances which cause reasonable concern to the parent for the mental, emotional, or physical health or safety of the student” was added. The most recent amendment would allow parents to keep their student home from school for “the mental or behavioral health of the child for up to 5 days for which the child need not provide a medical note.” The bill also provides that the mental or behavioral health absence will be considered an excused absence and the student will be given the opportunity to make up their missed schoolwork.

Continue Reading Mental Health and Behavioral Health Days – Are Your Child Find Senses Tingling?

The American Rescue Plan Act signed by President Biden at the end of last week includes almost $130 billion in education funding. The vast majority of that money will be distributed to school districts based on the Title I formula. This amounts to an average of $2,521 per student in Illinois, though districts with more disadvantaged students will receive more while other districts will receive less. Some of the money will also go to states to use for learning recovery grants, summer enrichment programs, and after-school programs. Of particular importance to special education directors and practitioners is that $3 billion dollars are allocated for IDEA funding. That amount includes $2.58 billion for Part B grants, $200 million for special education preschool grants, and $250 million for Part C grants for infants and toddlers. This money is in addition to the $12.9 billion in state grants for special education in the regular federal budget this year.

Continue Reading New IDEA Funding in the American Rescue Plan Act

ISBE has proposed amendments to the current rules regarding special education. These amendments generally track recent changes in the School Code, including

  • PA 101-0643: Changes related to RTI and MTSS, providing written materials 3 school days prior to IEP meetings, related services logs, and providing notice of missed services. We previously covered this legislation with an overview and tips for implementation. The legislation was effective June 18, 2020.
  • PA 101-0164: Revisions to the process for a school district to withdraw from a special education joint agreement. This legislation was effective July 26, 2019.
  • PA 100-0465: As part of the Evidence Based Funding for Student Success Act, changes related to personnel reimbursement. These changes were effective August 31, 2017.

The proposed amendments to the rules also include clarification of multiple definitions. While most of the changes are “clean up,” we thought you might be interested in a few curious provisions: the definition of the term “school day” and the use of RTI and MTSS as part of the evaluation process.


Continue Reading Proposed Amendments to Special Education Rules Have Two Curious Provisions

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:

Illinois

Federal

  • Prohibit prone restraint
  • Require schools to offer a meeting to parents after each incident of restraint or time out
  • Require districts to create oversight teams to develop school-specific plans to reduce and eventually eliminate the use of physical restraint and time out, as well as annual reporting on progress
  • Subject to appropriation, provide grants for schools to implement positive behavioral interventions and supports aimed at reducing the need for physical restraint and time out
 
  • Prohibit prone and supine restraint and seclusion
  • Limit on the use of physical restraint and prohibit including it as a planned intervention in a student’s IEP or BIP
  • Require a meeting with parents and staff after an incident of restraint
  • Provide for a State-approved crisis intervention training program, as well as state mechanisms to effectively monitor and enforce compliance
  • Provide for a private right of action
  • Provide for grants to states to assist with complying with the new legislation, collecting and analyzing data, and improving school climate and culture


Continue Reading Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

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

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to deal with the difficult issues related to these restrictive and sometimes misused techniques. ISBE’s efforts have led to a dizzying series of emergency rules, amendments, proposals, and revised proposals over the past months, leaving many schools (and even school attorneys!) confused about what rules are in effect and how to prepare for upcoming changes. This summary outlines the newest changes schools need to be aware of.

The second amendment to the emergency rules is similar to the first amendment to the emergency rules, with two notable exceptions, both of which were also included in the revised proposed rules:


Continue Reading The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

On February 14, 2020, ISBE issued notice that it will no longer provide reimbursement for students placed at non-approved special education facilities, even if the placement is ordered by a hearing officer. In a brief memorandum to Illinois special education due process hearing officers and state directors of special education, ISBE announced the change, which is effective immediately. This change will have important impacts on Illinois public schools.

In Illinois, districts can receive reimbursement from the Illinois State Board of Education (ISBE) for students placed at “approved” private day and residential schools. To be approved, the private school must meet the eligibility standards set out in Part 401 of the Illinois Administrative Code. These requirements were amended in March 2018, and the stricter rules meant that many residential schools that had previously been approved no longer were. Many districts found it difficult to place students in appropriate and approved residential placements given the decrease in availability.


Continue Reading ISBE Cuts Off Reimbursements for Hearing Officer Ordered Placements in Non-Approved Special Education Facilities

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundred comments on the initial proposed rules and include several significant changes, most notably permitting isolated time out in specific circumstances. The revised proposed rules next go to JCAR for Second Notice and will be considered at an upcoming JCAR meeting. If JCAR has no objection to the revised proposed rules, ISBE can proceed to adopt them. According to a report, ISBE also filed the revised proposed rules as new emergency rules to make them effective immediately. On February 25, 2020, ISBE posted new emergency rules, effective immediately, that are different from the revised proposed permanent rules (read more here).

Continue Reading ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”) released a Guidance and FAQ document aimed at providing clarification. The Guidance, which ISBE issued in collaboration with the Illinois Counsel of School Attorneys (“ICSA”), explains what does and does not constitute a time out—one of the issues that has caused the most confusion. The Guidance also provides other needed definitions and answers various practical questions related to alternative behavioral supports and the application of time out and physical restraint. Because the Guidance document is extensive, we have highlighted some of the more important and nuanced questions that may be of interest to your school or district below.

Continue Reading Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it issued amendments to the emergency rules, and finally, on December 9, 2019, ISBE published proposed permanent rules on the use of time out and physical restraint. We have heard and raised numerous questions and concerns regarding the practical implications of the emergency rules in the classroom. ISBE’s proposed permanent rules provide some additional clarity. But the work to overhaul policies and procedures and train staff on the rules is significant. To help with that work, the following chart sets forth the key differences between the amended emergency rules and the proposed permanent rules. We also flag several new provisions in the proposed rules to assist you in understanding and preparing for the likely upcoming changes.

Continue Reading What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?