Topic of the Month

August 2015

Which District is the Resident District Responsible for Serving a Student?

The rules of residency are found in the Illinois School Code.  In general:

The resident district is the school district in which the parent or guardian, or both parent and guardian, of the student reside when:

(1)The parent has legal guardianship of the student and resides within Illinois; or

(2)An individual guardian has been appointed by the courts and resides within Illinois; or

(3)An Illinois public agency has legal guardianship and the student resides either in the home of the parent or within the same district as the parent; or

(4)An Illinois court orders a residential placement but the parents retain any legal rights or guardianship and have not been subject to a termination of parental rights order.


In cases of divorced or separated parents, when only one parent has legal guardianship or custody, the district in which the parent having legal guardianship or \custody resides is the resident district.  When both parents retain legal guardianship or custody, the resident district is the district in which either parent who provides the student’s primary regular fixed night-time abode resides; provided, that the election of resident district may be made only one time per school year.

105 ILCS 5/14-1.11

But there are special circumstances:

The resident district is the school district in which the student resides when:

(1)The parent has legal guardianship but the location of the parent is unknown; or

(2)An individual guardian has been appointed but the location of the guardian is unknown; or

(3)The student is 18 years of age or older and no legal guardian has been appointed; or

(4)The student is legally an emancipated minor; or

(5)An Illinois public agency has legal guardianship and such agency or any court in this State has placed the student residentially outside of the school district in which the parent lives. 

105 ILCS 5/14-1.11a
An adult can be considered to have “legal custody” of a child if the adult has “assumed and exercises legal responsibility for the pupil and provides the pupil with a regular fixed night abode for purposes OTHER than to have access to the educational programs of the district”. 


For homeless families:

The resident district of a homeless student is the Illinois district in which the student enrolls for educational services. 

105 ILCS 5/14-1.11a

Any Illinois child has the right to finish the school year in the school he or she lawfully started the year in, regardless of whether the child subsequently moves out of the District. 


For questions regarding residency, call the Illinois State Board of Education at 217-782-4321.


July 2015
Your Child's Educational Records

By reviewing test scores and evaluation data, past IEPs, and progress reports, you will be better prepared to participate in planning for your child's educational programming. By reviewing progress toward past goals as documented in your child's educational records, you will be able to see which supports or settings have produced the most educational benefit.

Your home school district is responsible for maintaining your child's educational records. Your child's permanent record includes your child's name, date of birth, address, attendance record, grades, etc. Your child's temporary record includes all other records such as psychological test results, IEPs, behavior reports, etc. You have a right to inspect and review these records. 

         If you do not currently have a copy of all of your child's records, and wish to receive a copy, send your request in writing to your local school district and include your local school district and include your child's name, date of birth, and current attendance center.

         If you want a complete set of records, be sure to indicate that you are requesting both "permanent" and temporary" records. If you do not need your child's complete record, identify which documents you are requesting.

         You may be charged a copying fee by the district. This is not to exceed 35 cents per page. (23 Illinois Administrative Code Section 375.50)
 23 Illinois Administrative Code Section 375 

The school district must provide a copy of evaluation reports and the documentation of determination of eligibility at no cost. (34 CFR 300.613 (a)) Federal Regulations 300.306

The agency must comply with a parental request to inspect and review records without unnecessary delay and BEFORE any meeting regarding an IEP. (34 CFR 300.613(a)) Federal Regulations 300.613

The right to get copies must be granted within a reasonable time and in no case later than 15 school days after the date of receipt of such request by the official records custodian. (Illinois School Student Records Act 105 ILCS 10/5 (c)) Illinois School Student Records Act


June 2015
Summer Behavior

Top 5 Summer Vacation Problems with Troubled Children – and How to Handle Them

Choose peace as much as possible

If your child is oppositional or defiant, choose your battles carefully over the summer. Three months is a long time and if you try to change every behavior that’s annoying, it’s going to be even longer! Whenever an argument starts, ask yourself: Is this my problem or my child’s? Is it a legal or safety issue? Is it worth getting upset over? In a year or two, when I look back at this, will it be a big deal?

Asking yourself these questions can help you to determine if you’re micro-managing your child and stressing yourself out in the process or simply leading and guiding your child, which is a much more effective role to play.


1.      My teenager won’t get a summer job.

2.      During the summer, there are more opportunities for my child to get into trouble: more parties; more friends wanting to “hang out” (who are bad influences).

3.      My child has to attend summer school, but he refuses to get up in the morning.

4.      My child is supposed to attend summer school but we have a vacation planned.

5.      My kid is up all night and sleeps all day. I can’t get him to do anything!

To read the tips & suggestions to these five summer problems with troubled children, follow this link:


May 2015
Development of IEPs for Students with Autism Spectrum Disorders

If your child is diagnosed on the autism spectrum, he or she may have complex needs making it challenging for schools to provide effective and appropriate education experiences.  The IEP team must consider seven special factors when developing your child’s Individualized Education Program.  They are:


1.      The verbal and nonverbal communication needs of the child.

2.      The need to develop social interaction skills and proficiencies.

3.      The needs resulting from the child’s unusual responses to sensory experiences.

4.      The needs resulting from resistance to environmental change or change in daily routines.

5.      The needs resulting from engagement in repetitive activities and stereotyped movements.

6.      The need for any positive behavioral interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder.

7.      Other needs resulting from the child’s disability that impact progress in the general curriculum, including social and emotional development.

By assessing these needs, schools are better able to frame effective supports which result in improved outcomes for students on the autism spectrum. 

Read the details of each of these seven factors in an Illinois State Board of Education memo sent to all district superintendents and directors of special education at


April 2015
Summary of Performance

Will your child graduate this year?  Or age-out of special education services?  All students with an IEP receive a Summary of Performance document as they exit the school system.  The document from the school summarizes your child’s academic achievement and functional performance AND includes recommendations on what assistance your child will need to reach goals after leaving school.  Your child has the opportunity to actively participate in the development of this document.

The Summary of Performance is critical as it establishes eligibility for reasonable accommodations and supports in a college setting, and can be used during the application process for vocational rehabilitation training and/or employment. 

You may want to review a blank form before your child’s IEP meeting during the final year of school services.  The form can be viewed or downloaded from this page of the Illinois State Board of Education’s website – look through the forms for “Summary of Performance”:

You can view Power Point slides about this topic at:

The slides provide practical information about the development and use of the tool.  Viewers can access the slide ‘notes’ by hovering over the icon in the upper left-hand corner of the slide page.  


March 2015
Student Discipline - Manifestation Determination Reviews

Students who qualify for special education services cannot be disciplined more severely than other students for breaking the same rule.  A student with a disability can receive the SAME discipline at school as other students except, different rules apply for suspensions beyond 10 days.  When a student faces a suspension that could result in removal from educational services for more than 10 consecutive days, or when the suspension would cause the student to exceed 10 days of suspension for the school year, the district is required to conduct a Manifestation Determination Review. 

The MDR is conducted to decide if the student’s disability was the primary cause of the incident in question.  The team, including the parent, meets to determine:

1)      If the conduct was caused by, or had a direct and substantial relationship to, the disability

2)      If the conduct was the direct result of the district’s failure to implement the current IEP/Behavior Intervention Plan

If so, the district may NOT discipline the student but the current IEP and Behavior Intervention Plan need to be reviewed to determine appropriateness in meeting the student’s needs. 

If the team decides the conduct was NOT related to the disability, the student may be recommended for continued suspension or expulsion.  Some special education services will continue to be provided, although the setting and services may be altered during the disciplinary action. 

Students whose conduct involved a weapon or the use or possession of illegal drugs, or resulted in serious bodily injury, may be removed to an alternative setting for up to 45 school days regardless of a relationship to the disability.

This information and more is available in Chapter 9 of the manual Educational Rights and Responsibilities:  Understanding Special Education in Illinois developed by the Illinois State Board of Education and can be found at:


February 2015
Executive Functioning Difficulties

Is your child good at planning? Organizing? Prioritizing? Distinguishing main ideas from details? Adjusting to changes? Analyzing what has been accomplished and what still needs to be done?

If not, your child may need explicit instruction on executive functioning skills.  Some children need help establishing goals, applying techniques and strategies, and learning to work independently.  They may need to be taught skills in planning, organizing, prioritizing, memorizing, editing, and managing materials and deadlines.  They may need help finding tools and strategies and then knowing how, when, and where to use them.  Teachers and parents can model techniques, guide practice, and provide feedback until the child can learn to apply the strategies independently. 

Read more at: Smart Kids with Learning Disabilities &

Child Mind Institute

Get ideas on how to teach executive function skills by borrowing this book from our library:
Executive Function in Education-From Theory to Practice
Edited by Lynn Meltzer
Go to
(There is a chapter specific to children with nonverbal learning disabilities and another one specific to children diagnosed on the autism spectrum.) 


January 2015

Extended School Year Services

Some students require the provision of special education services beyond the district’s normal school year in order to receive a free, appropriate public education (FAPE).  The student’s IEP will then describe the amount, frequency, duration, and location of those services.  This is the time of year to begin the discussion. 
Extended School Year services are not the same as summer school services.  Summer school is an optional program a district may choose to offer.  ESY services are different in that they are provided to ensure that a student receiving special education services will maintain and enhance the generalization of learned skills. 
In Educational Rights and Responsibilities:  Understanding Special Education in Illinois, the parent guide produced by the Illinois State Board of Education, extended school year services are described as “special education and related services that 1) are provided to a student with an IEP beyond the normal school day/year, 2) are stated in the student’s IEP, and 3) are provided at no cost to the parents of the student.  The decision about what services will be provided should be individually based on the needs of the student.  Loss of knowledge/skills or an extraordinarily long time in re-learning skills (regression/recoupment) can be part of, but not the only reason for determining ESY.  No single factor can determine ESY, and ESY services may not be limited to particular categories of disability.  ESY services may not be the same as services provided during the regular school year.  The IEP team determines what services are provided during the ESY term.  ESY services can be provided in school, at home, or in the community.”
All students who are eligible for special education must be considered for ESY eligibility annually.  The decision should be based on data collection, parent input, expert opinions, and consideration of the child’s progress and needs.  The decision as to eligibility is documented in the IEP.  Many court cases, including Johnson v. Independent School District No. 4 in 1990 in the 10th Circuit Court, have affirmed a need to look at multiple factors for determining eligibility.  Factors to consider during the eligibility discussion include:

1-nature of child’s disability

2-progress on goals/objectives

3-emerging skills

4-behavior issues

5-regression and recoupment

6-physical/health issues

7-availability of alternative resources

8-vocational issues

9-social skills/peer interaction

The amount of ESY service a child receives must be determined on an individual basis.  ESY services may be, or include, ‘related services’ such as speech therapy, occupational therapy, and physical therapy.  Transportation to ESY services must be provided if necessary for the student to benefit from the special education services. ESY services must be provided by qualified and certified staff or persons who are supervised by such staff. 
Read section 226.230(a) of the Illinois Administrative Code at:

Read section 300.106 of the Code of Federal regulations at:
View a copy of the Educational Rights and Responsibilities:  Understanding Special Education in Illinois at:


December 2014
Enabling Students with Disabilities to Communicate Effectively

Title II of the Americans with Disabilities Act requires that public schools provide students with disabilities equal opportunities to participate in all school activities and requires that public schools ensure, through the provision of free auxiliary aids and services, that communication with students with disabilities is as effective as communication with students without disabilities.   

What auxiliary aids and services should be provided to a student with a speech, hearing, or vision disability?  Title II says public schools are to give ‘primary consideration’ to the aid or service requested by the student or the parent.  According to Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools released by the U.S. Department of Justice and the U.S. Department of Education on November 12, 12014, the public school must honor the choice of the student with the disability or the parent UNLESS the public school can prove that an alternative auxiliary aid or service provides communication that IS AS EFFECTIVE as that provided to students without disabilities and enables the person with a disability an equal opportunity to participate in and benefit from the service, program, or activity.

The aids and services include a wide range of services, devices, technologies, and methods to improve communication.  Examples include interpreters, information technology, transcription services, taped texts, a portable device that writes or produces speech, Braille materials, and letter boards.  The aid or service must permit the person with the disability to access information, must be provided in a timely manner, and must be provided in such a way as to protect the privacy and independence of the student with the disability. 

Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools


November 2014
Medication at School
The Illinois State Board of Education has guidelines for medication administration in schools.  The guide can be found at  This guide explains that medications should be limited to those required during school hours which are necessary to maintain the student in school and those needed in the event of an emergency.  Each school district is to develop a policy on the administration of medication.  Although teachers and other non-administrative employees cannot be required to administer medication, each district must determine WHO IS RESPONSIBLE for administering medication in the absence of a certificated school nurse or registered nurse.   Teachers and other non-administrative employees MAY VOLUNTEER to administer medications.

In addition to the licensed prescriber’s order, the guide also explains that a written request is to be obtained from the parent/guardian requesting the medication be given during school hours.  If the student requires long-term medication to be administered at school, a health care plan is to be developed for that student.  Each dose of medication must be documented in the student’s individual medication record and include date, time, dosage, route by which the medication was administered, and the signature of the person administering the medication or supervising the student’s self-administration.  Medications must be stored in a separate locked drawer or cabinet (or locked refrigerator).  A student’s parent/guardian may come to the school to administer medication to his/her own child, but this action must be voluntary and may not be forced.  

The federal regulations for the Individuals with Disabilities Education Act prohibit schools from requiring parents to obtain medications for a child as a condition of attending school, receiving an evaluation, or receiving services.  (CFR Title 34 Part 300 Section 300.174)


October 2014

School Health Services and School Nurse Services

If a child needs health services to receive FAPE (a free, appropriate, public education) and those services can be performed by non-physicians, then the school district is responsible for providing them as related services under the Individuals with Disabilities Education Act.  This right has been confirmed in two major court cases. 

In 1984 the Supreme Court ruled in Irving Independent School District v. Tatro (555 IDELR 511) that the school needed to provide CEC (clean intermittent catheterization) for a student with spina bifida because CEC needed to be performed during school hours and was not required to be performed by a physician. 

In 1999 the Supreme Court in Cedar Rapids Community School District v. Garret F. (29 IDELR 966) clarified that only those services that must be performed by a physician are excluded as related services under IDEA.  The student in this case had a tracheotomy, used a ventilator, and was catheterized.  Medical services were needed in order for the child to attend school.  Medical costs were not considered a factor in the decision because IDEA ensures access to public schools. 

These court cases have outlined how schools need to respond when students have chronic health conditions including diabetes, asthma, seizures, etc. in order to ensure that the students have the same educational opportunities as do other students. 

Current federal regulations define school health services and school nurse services as:

“…health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP.  School nurse services are services provided by a qualified school nurse.  School health services are services that may be provided by either a qualified school nurse or other qualified person.”  


September 2014
New Illinois Law on Dyslexia

In Illinois, when a student is being evaluated for special education eligibility, specific rules govern the evaluation procedures and timelines.  There are additional procedures for students suspected of having a specific learning disability.  These procedures include the process of determining how the child responds to scientific, research-based interventions.

The federal regulations define a child with a specific learning disability as one with “a disorder in one or more of the basic psychological processes involved in understanding and using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia”.

In October 2013, House Bill 3700 was introduced in the Illinois General Assembly that would change the Illinois School Code related to reading disabilities.  As introduced, HB3700 would have required:

1-ISBE to distribute information on screening instruments available to identify students who exhibited potential indicators of dyslexia and other reading disabilities

2-a school board to select and implement age-appropriate screening instruments for the early diagnosis of dyslexia and other reading disabilities and to ensure that each kindergarten student enrolled in the school district was screened for dyslexia and other reading disabilities

3-ISBE to develop and distribute guidance on appropriate intervention strategies for students diagnosed with dyslexia and other reading disabilities

4-that a school board ensure that students who exhibited potential indicators of dyslexia or another reading disability receive a comprehensive assessment for the learning disorder, and in the event the diagnosis was confirmed, provided appropriate intervention strategies

The proposed Bill also set forth requirements concerning professional development related to reading disabilities, the incorporation of the International Dyslexia Association’s definition of dyslexia into Illinois Administrative Rules, and an addition of a written test for certain educator licensure candidates.  

The proposed Bill was amended dramatically and Public Act 098-0705 was enacted on July 14, 2014 and went into effect immediately.  Public Act 098-0705 states:

A-The State Board of Education shall adopt rules that incorporate an international definition of dyslexia into Part 226 of Title 23 of the Illinois Administrative Code.

B-Subject to specific State appropriation or the availability of private donations, the State Board of Education shall establish an advisory group to develop a training module or training modules to provide education and professional development to teachers, school administrators, and other education professionals regarding multi-sensory, systematic, and sequential instruction in reading. This advisory group shall complete its work before July 31, 2015 and is abolished on July 31, 2015. 

The definition of dyslexia by The International Dyslexia Association is:

Dyslexia is a language-based learning disability.  Dyslexia refers to a cluster of symptoms, which result in people having difficulties with specific language skills, particularly reading.  Students with dyslexia usually experience difficulties with other language skills such as spelling, writing, and pronouncing words.  Dyslexia affects individuals throughout their lives; however, its impact can change at different stages in a person’s life.  It is referred to as a learning disability because dyslexia can make it very difficult for a student to succeed academically in the typical instructional environment, and in its more severe forms, will qualify a student for special education, special accommodations, or extra support services.

For a list of actions taken on HB3700, go to:
At the end of the list of actions taken on the Bill, click on ‘Public Act 98-0705’ to see the final Law as passed by the General Assembly.



August 2014

Bullying Law Changes in Illinois

On June 26, 2014, Public Act 098-0669 was enacted.  This law amends the School Code related to bullying prevention.  The law continues to read that “The General Assembly finds that a safe and civil school environment is necessary for students to learn and achieve and that bullying causes physical, psychological, and emotional harm to students and interferes with students’ ability to learn and participate in school activities”.  However, the Code now expands the components of the bullying policy required in each school district.  Bullying policies now must include the contact information (email address and phone number) of the staff person responsible for receiving reports of bullying incidents.  The policy must include a procedure for anonymous reporting.  Procedures must be listed for notifying parents or guardians of ALL students involved in alleged incidents of bullying and for discussing the availability of social work services, counseling, school psychological services, other interventions, and restorative measures. 
The policy in each district must include procedures for promptly investigating and addressing reports of bullying.  All reasonable efforts must be made to complete the investigations within 10 school days of the report.  Parents and guardians of the students who are parties to the investigation must be provided information about the investigation and have an opportunity to meet with the principal or school administrator or his or her designee.  The parents or guardians must be provided information about the findings of the investigation and the actions taken to address the reported incident of bullying.  The policy must be posted on the district’s website and contained in the student handbook. 

An evaluation process must be in place to assess the effectiveness of the policy.  This evaluation must occur every two years in each school district and include looking at the frequency of victimization, the areas of the school where bullying occurs, the types of bullying occurring, and the participation or intervention of bystanders.  The results of the evaluation must be made available to parents and guardians. 

To read Public Act 098-0669, go to:


July 2014
RDA Results Driven Accountability

The Office of Special Education Programs (OSEP) holds States accountable for educating children with disabilities.  The Individuals with Disabilities Education Act (IDEA) requires each State to submit a six-year State Performance Plan and an Annual Performance Report.  After review of the report, States receive one of the following ratings:
-Meets the requirements and purposes of IDEA;
-Needs assistance in implementing the requirements of IDEA;
-Needs intervention in implementing the requirements of IDEA; or
-Needs substantial intervention in implementing the requirements of IDEA. 

OSEP is revising how it holds States accountable.  This new approach is called Results-Driven Accountability-RDA.  Annual Performance Reports must now include a description of how the State will improve outcomes for children with disabilities.  For the first time in 2014, both compliance AND results data were used in the determination of a rating. 

This map shows how each state was rated: 
Illinois received a ‘Needs Assistance’ rating. 

RDA begins with a premise - that the results we want to achieve need to drive the actions we take, not the other way around.  Each State must now ask itself:
-What improved results for children with disabilities do we want to achieve?
-What actions must we take to achieve those results?

States will develop and implement their individual SSIP (State Systemic Improvement Plan) in three phases. 

Phase 1:  2015
-Describe how the State identified the area or result to be improved.
-Identify root causes contributing to low performance.
-Analyze their infrastructure to determine if improvements are needed.
-Explain how the improvement strategies were selected; whey they are sound, logical, and aligned; and how they will lead to measurable improvement.
-Include a graphic illustration of the State’s ‘theory of actions’ (why doing X will improve Y). 

Phase 2:  2016
-Identify what system improvements are needed.
-Identify how the State will support local education agencies in using the evidence-based practices identified as key to achieving desired results for children with disabilities including activities and timelines. 
-Identify how the State will evaluate the implementation of its SSIP.

Phase 3:  2017
-Evaluate the extent to which strategies were implemented.
-Identify student progress.
-Make revisions to the SSIP based on data from ongoing evaluation.