Public Act 103-0473 (eff. Jan. 1, 2024) amends Section 13A-4 of the School Code (105 ILCS 5/13A-4) on administrative transfers. A student in grades 6 through 12 who is subject to suspension or expulsion may continue to be transferred to an Article 13A alternative school program (i.e., ROE safe school). The requirements for a student’s participation in the alternative school program and return to the transferring school district were amended.
Starting January 1, 2024, before the start date of a student’s transfer to the alternative school program, the student’s parent/guardian must be provided information about the alternative school program, including the specific nature of the curriculum, the number of students in the program, any available services, the program’s disciplinary policies, a typical daily schedule, and any extracurricular activities that may be offered at the alternative school program. We recommend school districts reach out to their Regional Office of Education to find out if the ROE will put together this information for parents/guardians, or if the school district should prepare it.
As soon as possible following a student’s transfer to the alternative school program, a meeting must be held with appropriate personnel from the school district and the alternative school program to develop an alternative educational plan (“AEP”) for the student. The student and the student’s parent/guardian must be invited to this meeting. If the parent/guardian is unable to attend the meeting, the appropriate personnel from the alternative school program must offer a meeting within 30 days after the effective date of the transfer to the student and the parent/guardian to discuss and provide input on the student’s AEP. A copy of the AEP must be provided to the student and the parent/guardian prior to the meeting.
The AEP must include, but is not limited to, all of the following: (1) the duration of the plan, including a date after which the student will be returned to the regular educational program in the transferring school district; (2) the specific academic and behavioral components of the plan; and (3) a method and time frame for reviewing the student’s progress and for transitioning the student back to the regular educational program in the transferring school district on the date set forth in the AEP, including a transition meeting between the transferring school district, the alternative school program, and the student’s parent/guardian at least 30 days prior to the return date. Again, we recommend school districts contact their ROE to find out if the ROE will have an AEP document or if the school district should develop and provide one for its students.
If a student with disabilities is transferred to an alternative school program, the student’s IEP or 504 plan must be implemented while the student attends the alternative school program. Finally, a school district cannot unilaterally extend the time a student can attend the alternative school program; the date set in the AEP after which the student will return to the transferring school district cannot be extended over the objection of the student’s parent/guardian. It can only be extended by written agreement by the transferring school district, the alternative school program, and the student’s parent/guardian.
We will be developing a document bundle to support school districts with administrative transfers and the new requirements. Please contact Jennifer Rosenberg with questions and for information about our materials.
Source: Public Act 103-0473
