Public Act 97-123 Changes Home and Hospital Instruction

Governor Quinn has signed legislation amending the Children with Disabilities Article of the School Code (105 ILCS 5/14-13.01).  The bill changes the home or hospital instruction requirements from a “must miss” basis to an “anticipated miss” basis. The amendment also allows home or hospital instruction in the event that a child misses school on an “ongoing intermittent basis.”  It requires an anticipated loss in school days of at least 2 days at a time and a total of 10 or more days missed.  There is no requirement of a minimum number of days a student must miss in order to qualify for home or hospital instruction.  A physician’s note is required for home or hospital instruction and the school district must commence instruction within five days of receiving the note.  Should a child have an IEP or 504 plan, its requirements must be followed while the student receives the home or hospital instruction unless the IEP or 504 team determines modifications are necessary and appropriate. 

This legislation appears problematic, as it appears to remove the decision to change the placement of a student with a disability from the IEP team and leave it entirely to the discretion of a physician.  This, on its face, appears inconsistent with the IDEA.