News & Analysis as of

Special Education ISBE

Franczek P.C.

ISBE Releases Guidance Document on Residential Placements

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ISBE released a guidance document on residential placements, Guidance on PA 95-0844 and PA 95-0938. The document answers frequently asked questions related to residential placements of general education and special education...more

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2023 Legislative Update: Summary of Changes in School Law

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As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more

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New Amendments to Illinois Special Education Regulations Increase Translation Accommodations for Parents and Guardians

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As part of its ongoing efforts to increase inclusivity towards non-native English speakers in the academic setting, the Illinois State Board of Education amended its special education regulations to expand access to...more

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Governor Pritzker Signs Two New Special Education Laws Regarding Placement and Interpretation Services

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Governor Pritzker recently signed two bills into law, expanding accessibility and flexibility within special education. The first, Public Act 102-0703 (House Bill 4365), allows IEP teams to place students at non-ISBE-approved...more

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ISBE Takes Steps to Increase Access to Residential Placements

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In response to the chronic and acute shortage of approved residential placements for Illinois students with special needs, ISBE announced on Monday two steps to provide some, limited relief....more

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2021 Legislative Update Summary of Changes in School Law

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GENERAL  - Public Act 101-0654 - Education Omnibus Bill - Effective: March 8, 2021  Enacts multiple changes in Illinois public schools, workforce, and higher education. Among these changes include the following:...more

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Remote Learning Redux

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Last week, ISBE published long-awaited guidance related to remote learning for the 2021-2022 school year. We have been anticipating this guidance since early in the summer when ISBE announced that school would, with limited...more

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ISBE Releases Guidance on New Transition Laws

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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. ...more

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Two New Bills Offer Extended Special Education Services to Transition Students

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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

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Illinois Legislature Passes Bill Further Restricting Time Out and Physical Restraint

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On May 30, 2021, the Illinois legislature passed HB219, which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may...more

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Proposed Amendments to Special Education Rules Have Two Curious Provisions

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

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New Rules for Qualified Interpreters in Effect

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ISBE has adopted new rules to support parent participation in IEP meetings by requiring districts to arrange for and fund “qualified interpreters” for parents whose native language is other than English. We have heard concern...more

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Outgoing OCR Opens Investigations Into Special Education Services During Remote Learning

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In the final weeks of the Trump administration, the Department of Education’s Office for Civil Rights (OCR) initiated “proactive investigations” against Seattle Public Schools and the Indiana Department of Education related...more

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Illinois Health Department FAQ Leaves Many Unanswered Questions For Schools

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On August 12, 2020, the Illinois Department of Public Health (IDPH) issued a “Frequently Asked Questions (FAQ)” for Schools.” In a statement by the Illinois State Board of Education (ISBE) to stakeholders that same day, ISBE...more

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Planning for Return to In-Person Instruction: Special Education Considerations

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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...more

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Cheat Sheet for ISBE’s FAQ for Special Education on the Transition to In-Person Instruction

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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...more

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ISBE Issues FAQ Regarding Special Education During Remote Learning

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In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a...more

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Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

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As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

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Highlights from ISBE Special Education Guidance During the Mandated School Closure

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On March 18, 2020, ISBE issued guidance on providing special education during the current mandatory two-week school closure. While the guidance responds to some of the questions arising from this unprecedented situation,...more

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ISBE Guidance Aims to Relieve Confusion for Closing Schools

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Governor JB Pritzker’s recent order that all K-12 schools in Illinois be closed between March 17 and March 30 has left school districts scrambling to prepare to close school tomorrow. On Saturday, March 14, ISBE updated its...more

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In the Nick of Time—Special Education Timelines During School Closures for COVID-19

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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

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

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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...more

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Don’t Miss the Boat After Missed Services! What to Do Under HB 3586

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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...more

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ISBE Proposes To Repeal Regulation Targeting Special Education Class Size And General Education Definition

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Since the IDEA’s precursor, the Education for All Handicapped Children’s Act, almost 40 years ago, ISBE has regulated the size and staffing of special education classrooms....more

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ISBE Regulations And Guidance On Certified School Nurses: Frequently Asked Questions & Answers

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In July 2012, ISBE amended its regulations addressing the qualifications required for an individual to conduct medical reviews and make recommendations based on the findings of medical reviews. Medical reviews are conducted...more

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