Legislation could allow out of state placement for certain students

[March 11, 2022]  By Andrew Hensel | The Center Square

(The Center Square) – Illinois state lawmakers are discussing legislation that would enable school districts to be reimbursed for out-of-state placement for special needs students.

House Bill 4365 would allow school districts to provide funding for a student's placement if their Individual Education Program (IEP) determines their current district is unfit to meet the student's needs.

The program would be funded by school districts, with funds from the Individuals with Disabilities Education Act grant. The IDEA grant focuses on improving the education of children with disabilities.

Stephanie Jones, an attorney with the Illinois Council of School Attorneys, said while this will only apply to a small handful of students, those students are sometimes out of other options.

"This isn't an out for every student, it's just the students we cannot find a facility for because others are not appropriate," Jones said. "With one of my students, we have applied to 47 other schools and can now demonstrate that there is no other option."

State Rep. Daniel Didech, D-Buffalo Grove.
Courtesy of state Rep. Daniel Didech

The legislation was filed by state Rep. Daniel Didech, D-Buffalo Grove. He explained that his legislation's intent is to make sure every student gets the education they deserve.

"This is to some degree an urgent issue that we are trying to address to make sure that these kids have an opportunity to learn and thrive the best that they can," Didech said.

Jones said that sending a student out of state to a non-Illinois State Board of Education approved facility would be a last-ditch effort in the most extreme cases.

"This would be in the most extreme cases to place a student in a non-ISBE approved facility, only when we've gone through a process to demonstrate that there are no other facilities available," Jones said.

The measure passed the House last week and now awaits a hearing in the Senate.

Andrew Hensel has years of experience as a reporter and pre-game host for the Joliet Slammers, and as a producer for the Windy City Bulls. A graduate of Iowa Wesleyan University and Illinois Media School, Andrew lives in the south suburbs of Chicago.