Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 314 - EDUCATIONAL SERVICES › Section 314.30 - Education Policy

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall make reasonable efforts to ensure that all children in
			 Department custody are enrolled in school within two school days after being
			 taken into custody, or being moved to a new placement requiring a change in
			 schools. In no event will any child remain unenrolled by the Department for
			 more than five school days. These reasonable efforts shall include, but are not
			 limited to: requesting school records from previous schools, assisting the
			 caretaker in the enrollment process, and arranging for
			 transportation.
b) The Department
			 shall make a determination as to whether it is in the best interest of the
			 child to continue enrollment in the current school, even though the child has
			 been moved to a placement outside of the school district. If the child is
			 enrolled in a special education program, the Department shall ask the current
			 school to convene immediately an IEP conference to determine whether the child
			 should continue in the current school. If it is determined that the child
			 should remain in the current school, the Department will advocate with the
			 appropriate school district or other appropriate governmental entity for the
			 provision of transportation to maintain such a ward in his/her current school.
			 Where a change of school would cause serious educational or emotional harm to
			 the child, the Department shall assure the provision of transportation to
			 maintain the child in his or her school.
c) Foster parents or other caregivers shall
			 be responsible for giving consents for the following school related activities:
			 field trips within the State of Illinois, routine social events, school
			 enrollment, sporting events, and cultural events. For other situations that
			 arise which require a consent from a child's parent or guardian, the Department
			 shall be contacted. For situations relating to special education services, the
			 Department and the surrogate parent must be contacted. Surrogate parents
			 appointed by Illinois State Board of Education are the only persons authorized
			 to provide consent to special education services.
d) Children for whom the Department is
			 legally responsible who are eligible for special education services are
			 entitled to receive the protections, services, and due process provided under
			 State and federal laws. The Department shall make all reasonable efforts to
			 ensure that such children are classified as eligible for special education
			 services only in accordance with mandated case study evaluation practices
			 provided under State and federal law (23 Ill. Adm. Code 226, Special Education,
			 and
			 20 U.S.C.
			 1400 et seq., Individuals with Disabilities
			 Education Act).
e) Children for
			 whom the Department is legally responsible shall not be deprived of planned
			 family or sibling visitation or other family contact as punishment for school
			 performance or for conduct at school.
f) Children for whom the Department is
			 legally responsible shall not be enrolled in GED programs in lieu of enrollment
			 in a regular secondary school program.
g) Tutoring services shall not be used in
			 lieu of school attendance except where indicated by an exercise of judgement by
			 an educational, psychological, developmental or medical professional and
			 documented in the child's education plan.