The ISBE rule at 23 Ill. Admin. Code 226.720(b) was amended, effective February 6, 2023, to change the student age range for special education early childhood classrooms. Per the amended rule, early childhood classes and services are for children who are 3 to 5 years of age. Prior to the amendment, children who turned 6 years old during the school year could complete that school year in an early childhood program. However, the amended rule now eliminates that exception and states that: “Early childhood classes and services shall serve only children from three through five years of age.”
ISBE sent an update on May 31, 2023, reminding school districts of this change.
While ISBE recognizes the amended rule may impact placement decisions already made for the 2023-2024 school year, ISBE is clear school districts must comply with this age range requirement immediately. Accordingly, school districts should review the ages of all students enrolled in early childhood for the 2023-2024 school year to identify the students impacted by the rule change. For students who will turn 6 years old during the school year, school districts should consider holding IEP meetings this summer to review placement and programming and, at a minimum, contact impacted families immediately to discuss kindergarten placement.
Please contact an attorney in our Students/Special Education practice group with your questions.
