89 Ill. Adm. Code 314.30
Education Policy
Section 314
Section 314.30 Education
Policy
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.