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...more
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...more
6/3/2021
/ Disabled Children ,
Educational Institutions ,
Eligibility Determination ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Public Schools ,
Regulatory Agenda ,
Special Education ,
State and Local Government ,
Students ,
Transitional Arrangements
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...more
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...more
12/2/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Policies and Procedures ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
State and Local Government ,
Students
Less than a year ago, Public Act 101-0515 sent Illinois special educators scrambling to comply with an array of new procedural requirements. Now, as if you aren’t dealing with enough challenges related to remote learning and...more
In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
ISBE ,
Public Health ,
School Closures ,
School Districts ,
Special Education ,
State and Local Government ,
Students
Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more
3/3/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
New Guidance ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
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...more
2/26/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
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 hundredb comments on...more
2/20/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Health and Safety ,
ISBE ,
Policies and Procedures ,
Regulatory Requirements ,
Reporting Requirements ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
Students ,
Training Requirements
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”)...more
1/10/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
New Guidance ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
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...more
1/10/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students ,
Training Requirements
In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more
12/5/2019
/ Amended Rules ,
Board of Education ,
Disciplinary Proceedings ,
Discipline ,
Educational Institutions ,
Emergency Rule ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
State and Local Government ,
Students
IAASE recently reported that HB 3897 is currently making its way through the Illinois legislative process. This bill would expand special education eligibility to students through the school year in which they turn 22....more
12/4/2019
/ Disabled Children ,
Educational Institutions ,
Eligibility ,
Eligibility Determination ,
Free Appropriate Public Education (FAPE) ,
Legislative Agendas ,
Proposed Regulation ,
Public Schools ,
Special Education ,
State and Local Government ,
Students
Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more
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...more
On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more
9/25/2019
/ Charter Schools ,
Child Abuse ,
Criminal Convictions ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Report ,
Felons ,
Hiring & Firing ,
Internal Investigations ,
ISBE ,
License Suspensions ,
Licensing Rules ,
New Legislation ,
Policies and Procedures ,
Professional Development ,
Public Acts ,
Reporting Requirements ,
Safety Standards ,
Sex Offenders ,
State and Local Government ,
Students
As we reported in December 2018, changes to the length of the instructional day for students in Illinois brought confusion and concern. Public Act 100-0465, or the Evidence-Based Funding for Student Success Act, removed...more
Although months have passed since a new law addressing public education funding in Illinois was signed, confusion lingers over the impact of the law on the instructional day for students....more
The Illinois State Board of Education (ISBE) issued a revised version of its Notice of Procedural Safeguards for Parent/Guardians with Disabilities shortening the time for response to a student records request unless an...more
Starting on August 1st, students with medical marijuana cards may be administered cannabis products at school.
Known as Ashley’s Law, the School Code now allows students to be given medical cannabis infused products at...more
8/10/2018
/ Charter Schools ,
Decriminalization of Marijuana ,
Educational Institutions ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
State and Local Government ,
Students