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Emergency rules filed to expand residential placements for students with disabilities

ISBE has been working diligently to find solutions to expand the number of residential placements available for students with disabilities in Illinois, including ongoing collaboration with other state agencies and nationwide recruitment efforts. However, for students and families in need, we recognize the urgency of immediate action, while ISBE continues to pursue long-term and systemic solutions. ISBE filed emergency rules on Feb. 4 to provide immediate assistance and relief to school districts who have been struggling to locate placements in residential facilities. The emergency rules take effect immediately.

 

Emergency rules for 23 IAC 226 and 23 IAC 401 allow for emergency and student-specific placements in non-approved facilities when no approved facility accepts the student or has immediate placement availability. To qualify for reimbursement of the costs of these emergency and student-specific placements, districts must demonstrate good faith efforts to locate an approved facility and must ensure the facility meets the criteria as set forth in the emergency rules. The emergency rules also allow for reimbursement of placements in nonapproved facilities ordered by due process hearing officers. In addition, ISBE sought the approval of the Illinois Purchased Care Review Board to expand the number of students that a facility may serve as seen in emergency rules in effect for 89 IAC 900.

ISBE will issue guidance, procedures, and forms for school districts to use if they are seeking reimbursement for placements made under these emergency rules. In the meantime, please direct questions to ISBESpecED@isbe.net. ISBE remains committed to continuing to implement short-term and long-term solutions to ensure that all students receive a free and appropriate public education.

The Illinois State Board of Education is the State Education Agency for Illinois. Our mission is to provide each and every child with safe and healthy learning conditions, great educators, and equitable opportunities by practicing data-informed stewardship of resources and policy development, all done in partnership with educators, families, and stakeholders.