A recent Illinois Federal court decision, Channell ex rel. J.C. v. Chicago Board of Education, ruled that the parents of a child with a seizure disorder could not compel their local school district to hire a 1:1 nurse to accompany her son on the bus so he could attend his therapeutic day school in person. Judge Robert Dow ruled that it was the responsibility of the therapeutic day school – not the public school district – to implement the student’s IEP services. While CPS District #299 did offer to help the non-public facility hire appropriate personnel, when it failed to do so, Judge Dow noted that, “The Court will not treat [the district’s] affirmative efforts during the course of litigation as an agreement to hire a nurse or as creating a new status quo for these purposes.”
February 2022
