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Reminder: New Requirements for Students in DCFS Custody

Dec 6, 2022

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As the 2022-2023 school year progresses, school districts should be mindful of new requirements pertaining to students who are in the legal custody of the Department of Children and Family Services (“DCFS”), which went into effect on July 1, 2022.  Pursuant to Public Act 102-199, by the beginning of the 2022-2023 school year, each school district must have designated at least one employee to act as a liaison to facilitate the enrollment and transfer of records of students in the legal custody of DCFS.  The DCFS liaison must, on an ongoing basis, inform DCFS’ Office of Education and Transition Services of any meeting concerning a student in DCFS custody that would otherwise involve a parent, such as a parent-teacher conference or IEP meeting, and must allow the student’s caseworker to attend the meeting if they so choose.  In addition, DCFS’ Office of Education and Transition Services must be afforded the right to inspect and copy the school student records and receive special education notices and notice of alternative placement of those students in the legal custody of DCFS.

As the holidays approach and school districts prepare for parent-teacher conferences and other student meetings, they should work with their designated DCFS liaison to maintain compliance with P.A. 102-199’s requirements for those students who are in DCFS custody.  If your school district has questions regarding these new requirements, please contact your Robbins Schwartz attorney.