June 2, 2022 IAASE BLOG

 OSEP TO ISSUE TECHNICAL ASSISTANCE TO STATES REGARDING DUE PROCESS HEARINGS AND STATE COMPLAINTS

Courtney N. Stillman, Esq.

Himes, Petrarca & Fester, Chtd.

Many of us have experienced delays in Illinois due process proceedings. Based on correspondence submitted to the U.S. Department of Education Office of Special Education Programs (OSEP), that described policies and procedures in various states alleged to be inconsistent with IDEA due process hearing requirements, OSEP has announced that it will provide technical assistance regarding its expectations for appropriately implementing IDEA due process and state complaint requirements. In OSEP Policy Letter 22-04, Letter to Zirkel, issued April 15, 2022, OSEP provided informal guidance:

Hearing Timelines are Variable. OSEP opined that although the basic timeline for issuance of a final decision in a due process hearing is 75 calendar days, including 30 days for resolution and 45 days for a hearing and final ruling after the resolution period, there may be variations in both the resolution period and the post-resolution period. For example, the parties could agree to waive a resolution meeting and mediation, or the parties could agree to extend the resolution timeline to continue mediating the dispute. After the resolution period, a hearing officer may grant specific extensions of the 45 day timeline at the request of either party. OSEP refused to state an outer limit of calendar days for expedited due process hearings, explaining that the 20 school day timeline may vary depending on school holidays, in-service days and school closures for inclement weather and other reasons.

Effect of Parent’s Failure to Include a Proposed Resolution in the Due Process Complaint. OSEP wrote that if a parent does not include a proposed resolution, the district may challenge the sufficiency of the due process complaint. However, OSEP opined that parents may not be aware of possible ways to remedy the issue in their complaint, such that the parents’ failure to propose a resolution “to the extent known and available at the time the complaint is filed” does not automatically render a due process complaint insufficient. OSEP stated that the inclusion or omission of a proposed resolution does not limit a hearing officer’s authority and ability to formulate a remedy.

Dismissal of Due Process Complaints. OSEP explained that a Due Process Complaint may be dismissed because it is insufficient. Otherwise, a hearing must be held unless both the parent and district agree to file motions to dismiss or for summary judgment.

OSEP advised that it intends to review state compliance with IDEA’s dispute resolution requirements.

May 17, 2022 Residential Placement Bill

Public Act 102-0703 – Residential Placement Bill

Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP

For the last several school years, and specifically during the COVID-19 pandemic, school districts have faced challenges in securing placements for students in residential facilities approved by the Illinois State Board of Education (“ISBE”). This is due in part to the limited number of residential facilities approved by ISBE pursuant to ISBE’s Part 401 rules and ISBE’s prohibition on placing students in non-ISBE approved residential facilities through the IEP process. As a result, many students with significant needs were unable to get timely access to residential facilities and remained on waiting lists with limited resources for interim programming. Further complicating this issue was ISBE’s position, set forth in a February 2020 memo, stating it would no longer reimburse school districts for students placed in non-ISBE approved special education placements even if ordered by an ISBE Hearing Officer. 

Following advocacy by special education administrators and the Illinois Council of School Attorneys, ISBE issued a letter on January 10, 2022, immediately reinstating its practice of reimbursing school districts for placements in non-ISBE approved residential facilities when ordered by an ISBE Hearing Officer. However, ISBE’s letter indicated it still would not provide reimbursement to school districts for placements in non-approved residential facilities pursuant to a settlement agreement or IEP team determination.  

On February 4, 2022, ISBE filed emergency rules allowing school districts to place students in  non-ISBE approved residential facilities when no ISBE-approved facility accepts the student or immediate placement is not available and allowing school districts to receive reimbursement for placements in such non-approved facilities if certain conditions are met. The emergency rules also allow for reimbursement when an ISBE Hearing Officer orders placement in a non-approved residential facility. ISBE also filed corresponding emergency rules on behalf of the Illinois Purchased Care Review Board (“IPCRB”). These proposed amendments to the ISBE and IPCRB rules are awaiting approval from the Joint Committee on Administrative Rules (“JCAR”) to make the emergency rules permanent.​

Additionally, the Illinois General Assembly recently introduced and passed House Bill 4365 to codify the changes to the ISBE regulations regarding residential placements. On April 22, 2022, Governor Pritzker signed HB 4365 into law; Public Act 102-0703 went into effect immediately. The Act amends Section 14-7.02 of the Illinois School Code (105 ILCS 5/14-7.02) to specifically provide where a student’s IEP team determines residential placement is appropriate, the financial responsibility and reimbursement of the resident school district applies to both nonpublic special education residential facilities that are approved by ISBE pursuant to its Part 401 rules or other applicable laws or rules and emergency placements in facilities that are not approved.  

Pursuant to Public Act 102-0703, an IEP team may place a student in a non-ISBE approved, nonpublic special education residential facility if ISBE provides an emergency and student-specific approval for placement. ISBE is to respond to the emergency placement request within 10 days. In order to get approval for such placement, a school district must demonstrate:

1. the facility demonstrates appropriate licensure of teachers for the student population;

2. the facility demonstrates age-appropriate curriculum;

3. the facility provides enrollment and attendance data;

4. the facility demonstrates the ability to implement the child’s IEP; and

5. the school district demonstrates that it made good faith efforts to place the student in an approved facility, but not approved facility has accepted the student or has availability for immediate placement of the student.

Section 14-7.02 of the School Code also now includes if an ISBE Hearing Officer orders placement of a student with a disability in a residential facility that is not ISBE approved, then the facility shall be deemed approved for placement and school district payments and reimbursements shall be made accordingly.

Emergency placement in a residential facility by a school district or ISBE Hearing Officer may continue so long as (1) the student’s IEP team determines annually that such placement continues to be appropriate to meet the student’s needs, and (2) at least every 3 years following the student’s placement, the IEP team reviews appropriate placements approved by ISBE to determine whether there are any approved placements that can meet the student’s needs, have accepted the student, and have availability for placement of the student. 

Public Act 102-0703, and the emergency and proposed ISBE rules, should help alleviate the residential placement crisis. 

Also, we would be remiss if we did not remind readers of a related requirement that went into effect last August for residential placement decisions by an IEP team. Per Public Act 102-0254 (eff. August 6, 2021), before an IEP team places a student in an out-of-state special education residential facility, the school district and parents/guardians must explore in-state residential facility options. In-state residential facility options also must be considered at an annual review while the student is placed in an out-of-state residential facility. IEP teams should document consideration of in-state residential facilities.

May 4, 2022 Managing Student Records

MANAGING STUDENT RECORDS

By: Cassie Black

Kriha Boucek

Managing Student Records

As we near the end of the school year we frequently get questions related to student records. What exactly is a student record? What do we have to keep? What can we throw away? Does it matter where we store student records?

The answers to these questions are not always so straightforward, especially with the growing popularity of electronic storage of information and the use of multiple databases to store information. However, we’ve identified the top questions we receive related to student records, focusing on those questions that are relevant to special education teachers and related service providers.

What is a student record?

Under the Family Educational Rights and Privacy Act (FERPA) and the Illinois School Student Records Act (ISSRA), a student record is any writing or other recorded information concerning a student and by which a student may be individually identified, maintained by a school or at its direction or by an employee of a school, regardless of how or where the information is stored.

 Student records do not include:

●     Writings or other recorded information maintained by an employee of a school or other person at the direction of a school for his or her exclusive use as long as: 1) this information is destroyed not later than the student's graduation or permanent withdrawal from the school; and 2) the information is not shared with anyone else (except a person designated by the school as a substitute unless they are first incorporated in a school student record and made subject to all of the provisions of this Act).

●     Information maintained by law enforcement professionals working in the school.

● Contents of a video or other electronic recording, including on a school bus, unless the video/electronic records are used and maintained for a particular reason (e.g., disciplinary action or compliance with a student's Individualized Education Program) regarding that specific student.

 While it is beyond the scope of this article, student records are further categorized by permanent and temporary records, with districts required to retain permanent records for 60 years after a student withdraws, transfers, or graduates from the district and temporary records for five years after a student withdraws, transfers, or graduates from the district. Special education records, and the types of records we will discuss below, are generally considered temporary records.

 

Does it matter where student records are stored?

While each district typically has a procedure for storing student records, it is important to note that there are no legal requirements regarding how or where student records are stored. If a record individually identifies a student, is maintained by the district or its employee, and does not meet one of the exceptions above, it is considered a student record, no matter where it is stored. As technology becomes more prevalent in teaching and learning, districts typically use multiple databases to store information. With this in mind, it is important that districts have an understanding of all the databases used to store information and that employees have a good understanding of what constitutes a student record so that districts comply with relevant laws related to student records.

 

Are personal notes, progress notes, and/or lesson plans considered student records?

Generally, lesson plans are not student records, as they aren’t related to or identify specific students. Similarly, personal notes are not considered student records as long as they are not shared with anyone else (except a sub) and are destroyed no later than the student’s graduation or permanent withdrawal from school. Therapy notes, progress notes, and data collection related to student IEP goals are considered student records and should be maintained as such.

 

Are emails considered student records?

Emails are considered student records when the above criteria are met. We are often asked if this is true even when the district uses student initials or ID numbers to identify students. While this may be a good practice to protect student privacy and prevent unauthorized disclosure of information to individuals who do not have a legitimate educational interest, the use of initials or ID numbers does not prevent the email from being considered a student record.

 

Do we need to hold onto test protocols once we’ve finished evaluating a student and have written the report? If so, do we only keep the first page if that is the only page that has identifying information?

Test protocols are student records, and like other temporary student records, must be kept for five years after the student withdraws, transfers, or graduates from the district. Even if identifying information is only included on the first page, the entire booklet is considered the student record and should be retained.  Depending on district practices, test protocols are often kept in the teacher or related service provider’s office or the district’s special education file. Additionally, with computer-based scoring, the protocol could be “stored” in the database. Where information is stored is a district decision and regardless of where it is stored, it is considered a temporary record.

Can we share test protocols with parents?

FERPA neither prohibits nor requires that districts share testing protocols with parents as it only allows parents the right to inspect and review student records. However, ISSRA allows parents the right to inspect and copy student records. Another state law, the Mental Health & Developmental Disabilities Confidentiality Act states that psychological testing materials whose disclosure would compromise the objectivity or fairness of the testing process may not be disclosed except to a psychologist designated by the parent/guardian and/or student. See 740 ILCS 110/3(c). Additionally, ISSRA states that when access to student records is granted, at either the request of that individual or the district, a qualified professional may be present to interpret the information contained in the student’s temporary record. See 105 ILCS 10/5(b).

Districts are often concerned about sharing testing protocols with parents because raw data may not be meaningful to parents without being accompanied by an interpretation. Additionally, districts also often express concerns related to copyright issues. To address these concerns, and to comply with the various laws described above, districts may choose to invite parents or other individuals in to review test protocols with a school staff member qualified to interpret the results rather than release protocols. Additionally, districts may release protocols to individuals qualified to interpret the results.

Final thoughts

The end of the year is a good time to review your district procedures related to student records and share this information with staff. It’s also a great time to clean up student records by getting rid of duplicate documents as you transfer documents from one attendance center or district to another. This summer may also be a great time to identify all of the data management systems used in your district so that you are ready to respond efficiently to your next request for student records. 

April 20, 2022- Ask an Attorney Section 504

ASK AN ATTORNEY
Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

If a student has a disability under Section 504, but the team finds that the student’s needs can be met using supports that are available to general education students, like MTSS and UDL, what should the team put on the 504 plan? 

Students come to school with a wide variety of learning needs, some related to a disability and some not. As general education has evolved to include more robust supports for students with diverse needs, including Multi-Tiered Systems of Supports, Universal Design for Learning, differentiated instruction, individualized learning, and social-emotional learning, the lines between general education and special education and between best teaching practices and accommodations can be quite blurry. 

Potentially adding to the confusion is that students can be eligible under Section 504 even if they do not need any specialized instruction or educational accommodations. To qualify as a student with a disability under Section 504 requires a mental or physical impairment that substantially limits a major life activity. But the major life activity does not have to be learning or writing or concentrating. Students whose disabilities do not require educational support are still protected from discrimination and harassment by Section 504 and should be identified. 

So what goes on the 504 plan? Section 504 requires the district to provide the student with a free appropriate public education, which the regulations define as regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of nondisabled students are met. 

For a student with a medical diagnosis that is entirely managed by medication administered at home, the plan might just be to participate in the general education program. For another student whose disability impacts learning, MTSS intervention might be needed and therefore stated on the 504 plan. And for another student whose disability impacts attention, accommodations like repeated instructions and checks for understanding could be included. The Department of Education has advised that although certain services and supports are provided to general education students or are considered best practices, they should be included in the student’s plan if they are needed to address a disability-related need and to provide the student equal access to the educational program. 

Working out which aids, services, and accommodations need to be specified in a student’s 504 plan is not always clear-cut. But many disputes can be avoided with clear communication so that teachers and service providers can implement the plan with fidelity and parents know what to expect. Regular check-ins can also help ensure that the supports are effective and the student’s needs are being met. When disputes over what to include in the 504 plan do arise, the general rule is to include the supports necessary to address the student’s disability-related needs – even if the support is also part of the general education program.

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ASK an ATTORNEY

Do you have a question for our attorneys? This is your opportunity to ask our IAASE Attorneys any questions.  They will provide monthly updates via the IAASE Blog. Click here to contribute to the IAASE ASK an ATTORNEY form. 

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April 13, 2022

Would like to learn more about SEAPAC?

Join SEAPAC as a committee member!

SEAPAC is currently seeking individuals to fill vacancies of Representative, Treasurer and Chair of the committee.  Whether you are familiar with or new to IAASE, this is a great opportunity to become a bit more involved, gain more IAASE insight and even affect legislation and policy!

The role of a representative entails attendance at regular meetings that align with IAASE Board meetings (in-person/virtual) as well as voting on expenditures that support Illinois legislators.  This role requires a minimum time commitment.

The role of the Treasurer oversees and manages the committee membership drives, funds and reporting to the State Election Commission.    This role requires a moderate time commitment.

The role of the Chair schedules and sets the agenda, takes minutes, and follows up on identified tasks.  This role requires a minimum/moderate time commitment.

All members are expected to assist with the raffle event.

If you are interested in being considered as a candidate for any of these roles, please contact Lea Anne Frost at lfrost@d64.org by April 27.  

Thank you!

April 5, 2022 Blog- Secretary of Education- COVID 19 Recommendations from the CDC

 Secretary of Education Issues Letter to Educators and Parents Regarding New COVID-19 Recommendations from CDC

Franczek P.C.: Dana Fattore Crumley 

On March 24, 2022, Secretary of Education Miguel Cardona issued a Letter to educators and parents of IDEA and Section 504 eligible students regarding the revised COVID-19 recommendations from the CDC, emphasizing additional precautions that may be needed to ensure equal access to in-person instruction in the least restrictive environment (LRE).

While the focus of the past few months has been the mask litigation and its impact on mask requirements in schools, the Secretary’s Letter reminds educators and parents that precautions may still be required in order for public school districts to meet their obligations to provide in-person, inclusive instruction to students with disabilities who are at increased risk of severe illness from COVID-19.

Here is a summary of the recommendations and requirements special educators should be mindful of as they continue to program for medically fragile students:

• Use IEP and Section 504 teams to determine services required to support in-person learning. Both IDEA and 504 require districts to include medical personnel when making determinations about placements that meet the LRE requirement and address student health needs. This means school health service staff, school nurses, and if appropriate, the student’s health care provider. Teams are also encouraged to create “COVID-19” health plans as part of a student’s IEP or 504 Plan, similar to a food allergy plan.

• Continued use of layered prevention strategies in school settings. The Letter encourages districts to continue the use of layered prevention strategies to preserve in-person instruction. This means masking when COVID-19 transmission rates are high, and exclusion from school for presumed and positive cases.  Notably, even when cases are not high, the Letter reminds educators that to meet their Federal non-discrimination obligations under Section 504, schools must make reasonable accommodations when necessary to provide equal access to in-person instruction for medically fragile students, absent a showing that such modifications constitute a fundamental alteration or undue burden to the educational program. This means that even with no mask requirement currently in place, schools may require masking of students in certain settings as a reasonable accommodation for a student with a disability.

• Don’t forget about the LRE. While teams may be inclined to place medically fragile students in a segregated setting to reduce the risk of exposure, they should be mindful of IDEA and 504 requirements that students with disabilities must be educated alongside their peers unless the educational goals for that student cannot be met in that setting.  To meet the LRE when a student’s health needs prohibit exposure to large groups, schools should consider smaller cohorts, which include non-disabled peers.

Finally, teams should consider the emotional needs of students who require additional accommodations related to COVID-19 exposure and avoid identifying such students as the cause of continuing COVID-19 mitigation strategies to minimize stigma and bullying. 

With mask litigation continuing in Illinois despite no mask requirement in place, this may be challenging. You can read the Secretary’s entire letter here.

 

Ask an Attorney- March 22, 2022 Accommodations

Requests for accommodations on IEPs seem to have proliferated over the years. Do accommodations need to be directly related to the student’s eligibility areas? What parameters or guidance is there to help IEP teams determining what accommodations are appropriate to include on the IEP?

Franczek P.C.: Dana Fattore Crumley  & Kendra Yoch

First, we agree – we are also seeing more and more IEPs that have numerous accommodations, sometimes that go on for pages. Second, you may be surprised to learn that “accommodations” is not a defined term in the IDEA, in Section 14 of the School Code, or in the regulations. But we are not left completely adrift.

While we do not have a legal definition of accommodations, generally we are referring to changes to the way a student (1) accesses instruction, or (2) demonstrates understanding. An accommodation aims to reduce or eliminate the effects of a student’s disability by changing the timing, formatting, setting, scheduling, response, or presentation of material and assessments to provide equitable access to a student with a disability.

So, how can teams determine what accommodations are needed for a particular student? Let’s look at the IDEA’s requirements regarding the contents of an IEP. The IDEA requires that a student’s IEP include a statement of the special education, related services, supplementary aides and services, program modifications, and supports for school personnel that will be provided to enable the student to:

1.   Advance appropriately toward attaining the annual goals;

2.   Be involved in and make progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and

3.   Be educated and participate with other children with disabilities and nondisabled children in the educational program.

This section provides guidance that the adjustments to the general education program and supports provided to a student with a disability should be aimed at the three listed goals. Additionally, the IEP is focused on a student’s disability-related needs: the present levels must include a statement of how the student’s disability affects their involvement and progress in the general education curriculum and the annual goals must be designed to meet the child’s needs that result from their disability.  

Putting these pieces together, accommodations should be included that change how a student accesses instruction or demonstrates knowledge and that are designed to address the student’s disability-related needs in advancing toward annual goals, progressing in the general education curriculum, and participating in the least restrictive environment. Indeed, the ISBE instructions on the IEP form state: Indicate what aids, accommodations, and/or modifications are needed in general education classes and other education-related settings to enable the student to be educated with nondisabled peers to the maximum extent appropriate. Any supplementary aids should be based on the individual needs of the student (e.g., shortened assignments in specific classes, preferential seating).

 We often see a “kitchen sink” approach to accommodations, including every accommodation that could possibly benefit the student (or any student). And once an accommodation is included, team members are often reluctant to remove it, opting to add new accommodations as a student’s needs change rather than replacing old ones. But use caution. The team will be held to implementing the IEP. If the IEP includes accommodations that the student does not need and the team does not provide, the district could be liable for failing to implement the IEP. And the more accommodations that are included on the IEP (especially if some are not truly a change from the general practice or are ineffective), the more likely that team members will struggle to consistently implement them all.

 Resist the temptation to gloss over the accommodations section of the IEP meeting as a less important or contentious issue. Instead, review each accommodation and any data or feedback about how the student responds with and without that accommodation. A brief description of what the accommodation looks like in practice can lead the team to a common understanding of which accommodations continue to be needed, and thus keep this section current, manageable, and aligned to student needs. And, as always, teams should make accommodations as clear, specific, and practical as possible to avoid disputes about their meaning and implementation.

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ASK an ATTORNEY

Do you have a question for our attorneys? This is your opportunity to ask our IAASE Attorneys any questions.  They will provide monthly updates via the IAASE Blog. Click here to contribute to the IAASE ASK an ATTORNEY form. 

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SEAPAC UPDATE

Over the last few years, the Special Education Association Political Action Committee (SEAPAC) has been struggling with membership and funding. In order for the work of SEAPAC to continue, it is imperative that we attain high membership each and every school year. 

You may ask, "What does SEAPAC do for me?" Well, if you recall, we have had some pretty unreasonable bills that have been discussed in our legislative chambers.  Our dollars support the work of our lobbyist, Shannon Bellini, to help legislators understand our perspectives and the impact of legislation on schools. SEAPAC plays an important role in educating, providing access, and representing the organization with members of the General Assembly.  Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education.  By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.

 IAASE is an organization of over 1100 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!

To make becoming a member easier, we have subscribed to Givebutter.  Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223.  If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!

The cost is $20 annually but you are welcome to give more! Additionally, SEAPAC would be honored to accept any voluntary private contributions including funds that regions would normally donate for the conference raffle baskets.

 IAASE is well-respected by our legislators and they have come to view the organization as the voice of special education. By supporting SEAPAC, the efforts of IAASE can be continued.

IAASE Blog 3/15/22

New Residential Placement Rules: What they Really Mean for School District Placement Options 

The COVID 19 pandemic has been difficult for many, but especially for our most significantly disabled students and their families who were faced with having their students home for extended periods of time during the mandatory shutdown of schools and the extended remote programming. Upon returning to in-person schooling, some of these students displayed significantly increasing aggressive behaviors and declining functional performance; resulting in IEP team decisions to place the student residentially. Additionally, nationwide staffing shortages in schools and in residential facilities have resulted in programs being unable to continue to meet the needs of these students, leaving residential facilities no choice but to issue discharge notices to districts with little time to find a new placement.

Consistent with a student’s IEP calling for a residential level of services, school districts throughout Illinois searched for appropriate facilities for these students; however, quickly discovered that there were no appropriate ISBE-approved residential facilities anywhere in the nation with availability. Until very recently, school districts were unable to place a student in a non-ISBE approved facility; therefore, many districts were faced with due process complaints from families due to a failure to provide FAPE in a residential facility consistent with the student’s IEP. As a result, over the last several months, stakeholders worked with ISBE to have emergency rules implemented and legislation filed to make necessary changes to the Illinois School Code in an effort to address this residential placement crisis.

Emergency Changes to the Special Education Rules: 

The purpose of the new rule changes was to expand residential placement options and allow school districts to place students in non-ISBE approved placements under certain conditions when no ISBE-approved placements are available for a student. Under the emergency rules, a district may place a student in a non-ISBE approved non-public special education facility and receive reimbursement, provided ISBE provides an emergency and student-specific approval for placement. ISBE shall promptly, within 10 days of the request, approve requests for emergency and student-specific approval for placement when the following has been demonstrated:

1. The facility demonstrates appropriate certification of teachers for the student population;

2. The facility demonstrates age-appropriate curriculum;

3. The facility provides enrollment and attendance data;

4. The facility demonstrates the ability to implement the child’s IEP; and

5. The school district demonstrates that it made a good faith effort to place the student in an approved facility, but no approved facility has accepted the student or has availability for immediate placement for the student. 

The emergency rules also allow a district to place a student in a non-ISBE approved facility when an impartial due process hearing officer orders such. Such facility shall be deemed approved for placement and resident district payments and state reimbursement shall be made accordingly. 

These hearing officer ordered and emergency and student-specific placements can continue under the following conditions:

1. The student’s IEP team determines annually that the placement continues to be appropriate and meet the student’s needs; and

2. At least every three years following the student’s placement, the team will review appropriate ISBE-approved facilities to determine whether there are any approved facilities that can meet the student’s needs, have accepted the student, and have availability for placement of the student.  

ISBE Forms and Assurances: 

At the end of last week, ISBE issued new forms for school districts to submit to seek reimbursement for placements in a non-approved ISBE facility when ordered by a hearing officer (Form 51-77 and 51-77A) or when made due to an emergency and student-specific situation (Form 34-43) consistent with the emergency rules. In order to obtain reimbursement, school districts must make certain assurances to ISBE related to the student and placement as part of submission of these forms. It is important to note that the assurances school districts need to make differ depending on whether the non-ISBE approved placement was ordered by a hearing officer, versus emergency and student-specific placements made in accordance with the rules. Therefore, school districts should review such and pay close attention to the form requirements and assurances when moving forward with placements and when deciding whether to proceed with a due process hearing or a student-specific placement pursuant to the emergency rules.

Recommendations for School Districts:

When faced with a student who requires residential placement and the school district cannot locate an appropriate and available ISBE-approved placement, school districts should ensure the following has been completed:

1. Utilize ISBE’s Private Facility Search Engine to locate appropriate ISBE-approved placements and consult with ISBE to determine if there are any additional facilities that have not been explored or facilities that are nearing approval status.

2. Make a good faith effort to locate an available and appropriate ISBE-approved residential placement and maintain clear documentation of such within an Excel spreadsheet consistent with ISBE’s outlined required data.

3. When exploring non-ISBE approved facilities request that the facility provides documentation of the following, which are required for emergency and student-specific placements made in accordance with the rules, and maintain such documentation.

1. Appropriate certification of teachers for the student population;

2. Age-appropriate curriculum;

3. Enrollment and attendance data; and

4. Ability to implement the student’s IEP.

4. Review ISBE forms to ensure the district has the appropriate documentation to obtain reimbursement before the placement is made. 

5. Determine whether to proceed with placement in a non-ISBE approved residential facility via a due process hearing or via the student-specific emergency rule process, as there are differing timing, form requirements and assurance considerations between the two options. 

6. Enter into contract with the non-ISBE approved facility. Note: ISBE is not providing a model contract for such, as they do for ISBE-approved facilities. 

7. Obtain and maintain detailed invoices from the facility breaking down costs of tuition, room and board, individual aide, and other allowable costs. 

8. Obtain the school calendar for the non-ISBE approved residential facility.

While these emergency rules make additional options available to families and school districts by allowing parties to look at non-ISBE approved facilities that may meet an individual student’s needs, there is still a significant shortage of residential placements for students and lengthy waiting lists. Thus, school districts may still be faced with denial of FAPE claims and will need to attempt to program for students in the interim to lessen compensatory education claims while they search for ISBE-approved and non-ISBE approved residential placements.

Contributed by law firm of Robbins-Schwartz.

SEA-PAC information and Mini-Grant recipients - IAASE March 7, 2022 Blog

 SEA-PAC membership information 

Greetings all,

Over the last few years, the Special Education Association Political Action Committee (SEAPAC) has been struggling with membership and funding. In order for the work of SEAPAC to continue, it is imperative that we attain high membership each and every school year.  

You may ask, "What does SEAPAC do for me?" Well, if you recall, we have had some pretty pesky education bills that have been submitted and discussed in our  Illinois legislative chambers. SEAPAC plays an important role in educating, providing access and representing the organization with members of the General Assembly.  Our main purpose is to raise awareness for IAASE and the impact proposed legislation has on special education.  By raising and distributing funds, you are helping to advocate for the political goals of the members of IAASE.

IAASE is an organization of over 1300 members. Think of the impact we could make if every one of our members becomes a SEAPAC member!    

To make becoming a member easier, we have subscribed to Givebutter.  Givebutter does charge a 3.6% processing fee, so if you would like to pay by check, please route them to Melissa Taylor at 100 Paddock Road Belleville IL 62223.  If you are comfortable using Givebutter, just use the camera on your phone to open the QR below!

The cost is $20 annually but you are welcome to give more! 

IAASE is well-respected by our legislators and they have come to view the organization as the voice of special education. By supporting SEAPAC, the efforts of IAASE can be continued.

If you have any questions about SEAPAC, please reach out to Lea Anne Frost at lfrost@d64.org 

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IAASE Blog Mini Grant Recipients 21-22 SY

In February, we showcased the first four recipients. Below are the remaining four project summaries.  I hope you have enjoyed their projects and it inspired you to look for the mini grant applications in the fall.  

Continuum of Literacy Skills for Students Who Require Intensive Supports

Eisenhower Cooperative

Kristy Piwnicki

The grant will be used to form a committee of staff members who will develop a framework for

developing a skill sequence that will allow teachers to measure incremental student growth. Committee members will receive a stipend for participating in the project after school hours and throughout the summer. A comprehensive scope and sequence of literacy-based skills will be developed using materials from established literacy curricula and will extend the scope so that the sequences will include the supporting components of the general skills.

Mindful Engagement with Virtual Reality

Cook County School District 154

Megan Drangsholt

The grant will be used to purchase virtual reality units as well as Therapeutic Listening Software and training. Initially, the equipment will be assigned to a student receiving homebound instruction to allow them to be able to participate in a variety of learning experiences that can be incorporated into literacy instruction. The project will also include a small group of students who need extra support with managing their stress, anxiety, depression and self-regulation. Eventually, virtual reality will be used to enhance units of study.

Creating a Student-Run Pet Treat Business

Transition Program

Southwest Cook County Cooperative

Alison Mensing

The grant will be used to create a small business in which students will gain experience in sanitation, marketing, purchasing, manufacturing, packaging, selling, delivery, bookkeeping/accounting, inventory and customer service. Students will make dog and cat treats from scratch using veterinarian approved recipes and sell the treats to customers that include Transition students, family members and staff members.

Gaining Independence Through Delicious Project Based Learning: Central Perk Coffee Cart

Central School District 51

Sarah Cox

The grant will be used to purchase new coffee makers and an air fryer as well as other supplies for the coffee cart. Students currently have a successful business and the grant will allow them to offer new items such as hot cider and hot chocolate. They also intend to offer a small selection of homemade baked goods that they will bake using the air fryer. The customers include school and administrative office staff.