New Special Education “Medical Review” Rules and School Nurse Rules Take Effect July 1, 2016

By February 8, 2016 Attorneys, Lori Martin, News No Comments

Federal special education law requires that, if appropriate, a student’s health must be assessed as part of a student’s special education evaluation or re-evaluation. Illinois special education regulations provide that this medical review must contain both subjective and objective information about the student’s health. Beginning July 1, 2016, new rules will take effect in Illinois impacting these requirements.

These new rules provide that a medical review for the purpose of a special education evaluation or reevaluation must be conducted by certain qualified personnel.  The following personnel will be considered qualified to conduct a medical review as of July 1, 2016:

  • An individual who holds a professional educator license endorsed for school support personnel in school nursing;
  • An individual licensed to practice medicine in all of its branches (pursuant to the Medical Practice Act of 1987);
  • An individual licensed as a registered professional nurse (pursuant to the Nurse Practice Act) and who also holds a bachelor’s degree in nursing, education, or a related field; or
  • An individual licensed as an advance practice nurse (pursuant to the Nurse Practice Act).

There are certain limited exceptions to these personnel requirements. ISBE has been providing training modules for current school nurses to meet the new requirements.

The new regulatory requirements will impact school district evaluations of students with disabilities and may have labor and personnel implications as well.

Please contact Lori Martin with your inquiries. 

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