Section 226.300  Continuum of Placement Options

Each local school district shall, in conformance with the requirements of 34 CFR 300.39 and 300.115, ensure that a continuum of placements is available to meet the needs of children with disabilities for special education and related services.  With respect to the home instruction and instruction in hospitals and institutions referenced in 34 CFR 300.39 and 300.115:

a)         The child receives services at home or in a hospital or other setting because he or she is unable to attend school elsewhere due to a medical condition.

b)         When an eligible student has a medical condition that will cause an absence for two or more consecutive weeks of school or ongoing intermittent absences, the IEP Team for that child shall consider the need for home or hospital services.  Such consideration shall be based upon a written statement from a physician licensed to practice medicine in all its branches which specifies:

1)         the child's condition;

2)         the impact on the child's ability to participate in education (the child's physical and mental level of tolerance for receiving educational services); and

3)         the anticipated duration or nature of the child's absence from school.

c)         If an IEP Team determines that home or hospital services are medically necessary, the team shall develop or revise the child's IEP accordingly.

d)         The amount of instructional or related service time provided through the home or hospital program shall be determined in relation to the child's educational needs and physical and mental health needs.  The amount of instructional time shall not be less than five hours per week unless the physician has certified in writing that the child should not receive as many as five hours of instruction in a school week.

e)         A child whose home or hospital instruction is being provided via telephone or other technological device shall receive not less than two hours per week of direct instructional services.

f)          Instructional time shall be scheduled only on days when school is regularly in session, unless otherwise agreed to by all parties.

g)         Services required by the IEP shall be implemented as soon as possible after the district receives the physician's statement.

(Source:  Amended at 31 Ill. Reg. 9915, effective June 28, 2007)