Changes to the Illinois School Code for the 2017-2018 School Year

News (Thursday, October 19, 2017)

Two changes to the Illinois School Code have recently gone into effect, positively impacting home-hospital instruction and ISBE’s required notice of procedural safeguards in special education. Public Act 100-0443 went into effect July 1, 2017. The Act allows physician assistants and advanced practice nurses to submit a written statement to a school district regarding the need for home and hospital instruction on behalf of a child who has a medical condition expected to cause significant school absence totaling at least 10 days total per year. Due to the release of Public Act 100-0443, physicians will no longer be the only medical professionals able to write and sign statements detailing a child’s medical condition and its impact on his/her/their ability to participate in education. For more information on home and hospital based instruction see Special Education 3 to 22.

In August 2017 the Illinois State Board of Education released an updated “Notice of Procedural Safeguards for Parents/Guardians of Students with Disabilities.” This is the first time the document has been updated since October 2009. The Procedural Safeguards now reference a parent/guardian’s ability to exercise “stay put” during mediation; which means that a child can stay in his or her current school placement while a mediation case is pending. It further references a requirement allowing a parent or student (if over 18 or emancipated) ten days after the mediation concludes to file for a due process hearing continuing the stay-put if mediation fails to resolve the dispute. Legal Council for Health Justice played a central role in advocating for this amendment to the Illinois School Code. The Notice of Procedural Safeguards additionally highlights other statutory changes that have been enacted since 2009.

Learn more about the stay-put provision through the Legal Council for Health Justice Press Release.

Locate the exact changes to the Procedural Safeguards by reading the Explanation of Changes.

Access the updated “Notice of Procedural Safeguards for Parents/Guardians of Students with Disabilities.”

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