Illinois Law Eliminates "Two Week Waiting Period" For Home-Bound Instruction
"Now, a child qualifies for home or hospital instruction when it is anticipated that, due to a medical condition, the child will be unable to attend school for a period of 2 or more consecutive weeks or on an ongoing intermittent basis."
Effective July 14, 2011, the Illinois law concerning home or hospital instruction was amended to provide more specific guidance to school districts as to when home or hospital instruction is required. Now, a child qualifies for home or hospital instruction when it is anticipated that, due to a medical condition, the child will be unable to attend school for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. The law also defines "ongoing intermittent basis" as:
 the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences.
Not only does the law more clearly define "ongoing intermittent basis," it affirmatively states that there is no requirement that a child be absent from school for a certain number of days before that child can qualify for home or hospital instruction. Once a school district receives a proper written statement from your child's physician, home or hospital instruction can begin immediately, but must commence no later than five school days. The special education, related services and accommodations contained within that child's IEP must be implemented as part of the home or hospital instruction. To read the entire text of this law, please visit the Illinois School Code, Section 14-13.01. If your child is in need of home or hospital instruction, Cahill & Associates can help.
2012 Brings New Changes to Laws Concerning Discipline and Guardianship
Every new year brings changes to the law. Here is a synopsis of a few of those changes, effective January 1, 2012:
"An expelled student or a student suspended for more than 20 days may be immediately transferred to an alternative program."
Alternative Programs for Expelled and Suspended Students: The Illinois law regarding the expulsion and suspension of students has been changed to state that an expelled student or a student suspended for more than 20 days may be immediately transferred to an alternative program. While there is a certain procedure in which the transfer must follow, the student cannot be denied transfer to an alternative program because of his expulsion or suspension. A student can however, be denied transfer to an alternative program if that transfer would cause a threat to the safety of students or staff in the alternative program. School districts may also adopt a policy that a student expelled or suspended from another school must complete that expulsion or suspension in an alternative school program before being admitted into that school district. For the full text of the changes to the law, please see Public Act 097-0614.
Cyber-bullying Could Equal Expulsion or Suspension: School Boards in Illinois (or superintendent, principal, assistant principal or dean, if applicable) may now expel or suspend a student for explicit threats made by a student on the internet against a school employee, student or school-related personnel if that threat was made on a website that was accessible within the school at the time the threat was made and that threat is interpreted to be a threat to the individual because of that person's duties, employment status or status as a student inside the school. For the full text of the changes to the law,
please see Public Act 097-0340.
"In the case of the death, resignation or incapacitation of a guardian, the court may appoint a temporary guardian if the court deems one is necessary."
Temporary Guardians: Portions of the Illinois Probate Act concerning temporary guardians have been changed to address the death, resignation or incapacitation of a guardian. In the case of the death, resignation or incapacitation of a guardian, the court may appoint a temporary guardian if the court deems one is necessary for the immediate welfare and protection of the alleged disabled person or the alleged disabled person's estate. The law also changed as to the extension of a temporary guardianship. While a temporary guardianship expires within 60 days or when a guardian is appointed, an extension is now possible in a variety of circumstances. For the full text of changes to the law, please see Public Act 097-0614.
Medicaid and Long-term Care: Several changes have been made as to Illinois' Medicaid rules for long-term care.
If you have any questions as to how these changes will affect you or your child, contact Cahill & Associates.
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Upcoming Speaking Engagements
Topic:
Special Needs Planning
Date:
February 1, 2012
6:30 p.m. – 8:30 p.m.
Location:
Naperville Public Library
95th Street Branch
3015 Cedar Glade Drive Naperville, Illinois 60564
RSVP to (630) 778-6500 or mdcahill@sbcglobal.net
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