New Year and New Laws - What's New for Schools and Special Education Administrators

As we finish up 2018, we begin thinking about our plans for New Years Eve.  When the calendar turns to 2019, a slew of new laws impacting schools takes hold.  As a reminder, the biggest changes beginning at the start of the 2018-2019 school year (i.e. you should already be implementing these things) included:

• Assistive Technology - The bill requires schools to notify parents at each IEP meeting of the availability of assistive technology services and to provide them with a toll free phone number to call for additional assistance.  (Note:  A uniform notice is coming from ISBE).

• Cursive Writing Instruction - all elementary schools must implement a unit of study on cursive writing.

• Dyslexia Handbook - The bill requires the Illinois State Board of Education to develop and maintain a dyslexia handbook, make it available on their website, and update it every four years. (Note:  IAASE Representatives are currently working with ISBE and other stakeholders on the first draft of this handbook).

• Hunger Free Students - The bill would allow students, regardless of ability to pay, to accumulate a minimum school lunch debt of $500 dollars. Once the $500 dollar threshold has been passed, schools would have to go through a state reimbursement and withholding process to attempt to recoup the money owed.

• Insurance Coverage - Hearing Aids - Creates an insurance mandate of coverage for hearing aids.

• Medical Cannabis - The bill requires school districts to authorize a parent or guardian of a student who is a qualifying patient to administer a medical cannabis infused product to the student on school premises or a school bus if both the student and the parent or guardian have been issued registry identification cards.

• Mental Health Notifications - The bill requires schools to notify student and families that a student may be eligible to receive mental health services from the school district under a federal Section 504 plan.

• Special Education Hearings - The bill provides that for special education impartial due process hearings, the hearing officer must issue his or her written decision within 10 business days (rather than 10 days) after the hearing.

• Suspension Programs - The bill allows in-school suspension programs for K-12 students to focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. It also allows a school district to employ a school Social Worker or Mental Health Professional to oversee such programs.

• Definition of a School Psychologist - The bill expands the definition of school psychologist to include a person that holds a valid Nationally Certified School Psychologist (NCSP) credential.

And come January 1, 2019, the following laws take effect:

• Birth Certificate Gender Change - The Act amends the Vital Records Act to allow an individual to change the gender on their birth certificate without having to first undergo an operation. It includes a verification process with licensed health care professionals.

• Concussion Brochures - The Act requires schools to disseminate a brochure to any family whose child may have sustained a concussion and requires the Illinois State Board of Education to adopt rules for accommodation for concussed students.

• Dental Exams - The Act requires all children entering kindergarten, second, sixth and ninth grades to have a dental examination.

• Epinephrine with Pre-filled Syringe - The Act provides that epinephrine may also be administered with a pre-filled syringe. 

• Human Trafficking Hotline - The Act requires school administrators to post notice of the human trafficking hotline in the administrative office or another location in view of school employees.

• Mental Illness Training - The Act provides that, at least once every two years, a school board shall require in-service training of licensed school personnel and administrators who work with children in kindergarten through grade 12 to identify the warning signs of mental illness and suicidal behavior in youth. 

• Student Attendance Professional Development - The Act requires a school district to make reasonable efforts to provide ongoing professional development on the appropriate and available supportive services for the promotion of student attendance and engagement.