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…

Special Education Law Insights

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

By Kendra Yoch & Jennifer Smith

February 19, 2020

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…

Special Education Law Insights

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

By Kendra Yoch & Dana Fattore Crumley

February 19, 2020

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…

Special Education Law Insights

Threat Assessments: Three Key Issues for Illinois Schools

By Dana Fattore Crumley, Kendra Yoch & Jackie Gharapour Wernz

February 13, 2020

Is your school threat assessment team in place and ready to act in order to meet upcoming legal deadlines? Does it understand the interaction between threat assessments and special education evaluations? Is it adequately prepared so that your school will not be the next one in the media spotlight for a threat assessment gone wrong? In this post, we highlight three key issues involving threat assessment and describe upcoming opportunities to learn what you need…

Special Education Law Insights

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

By Kendra Yoch & Emily Tulloch

January 10, 2020

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…

Special Education Law Insights

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

By Kendra Yoch & Emily Tulloch

January 10, 2020

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…

Special Education Law Insights

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

By Kendra Yoch & Jackie Gharapour Wernz

December 9, 2019

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural requirements for special education teams. Senate Bill 460 (Public Act 101-0598) amended the Children with Disabilities Article of the School Code to delay the requirement that special education teams provide a child’s parent or guardian with copies of all written materials…

Special Education Law Insights

ISBE Amends Emergency Rules on Time Out and Physical Restraint

By Jennifer Smith, Kendra Yoch & Jackie Gharapour Wernz

December 5, 2019

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 techniques, the Illinois State Board of Education amended its recent emergency rules to allow the practices on a limited basis if certain conditions are met. What are our initial insights from the amended rules?…

Special Education Law Insights

Are Extended Special Education Services Coming to Illinois?

By Brianne Dunn & Kendra Yoch

December 4, 2019

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. Currently, students who have not yet received a diploma are eligible for services through the day before their 22nd birthday. Note that federal funding does not cover students beyond the age of 21. We wondered, how many students would this impact…

Special Education Law Insights

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

By Kendra Yoch, Jennifer Smith & Nicki Bazer

November 21, 2019

As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint. To comply with the emergency rule, districts will need to take the following steps:…

Special Education Law Insights

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

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

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Threat Assessments: Three Key Issues for Illinois Schools

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

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

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

ISBE Amends Emergency Rules on Time Out and Physical Restraint

Are Extended Special Education Services Coming to Illinois?

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

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