PART 405 SCHOOL DISTRICT #428 : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER d: PROGRAMS AND SERVICES
PART 405 SCHOOL DISTRICT #428

AUTHORITY: Implementing Sections 3-2-2, 3-6-2, 3-6-3, 3-8-3, 3-9-1, 3-10-2, and 3-12-3 of the Unified Code of Corrections [730 ILCS 5/3-2-2, 3-6-2, 3-6-3, 3-8-3, 3-9-1, 3-10-2, and 3-12-3] and Sections 13-40 through 13-45 of the Illinois School Code [105 ILCS 5/13-40 through 13-45] and authorized by Sections 3-2-2 and 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-2-2 and 3-7-1].

SOURCE: Adopted at 8 Ill. Reg. 14624, effective August 1, 1984; amended at 11 Ill. Reg. 2742, effective February 1, 1987; emergency amendment at 14 Ill. Reg. 19389, effective December 1, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 5642, effective April 15, 1991; amended at 16 Ill. Reg. 10449, effective July 1, 1992; emergency amendment at 17 Ill. Reg. 16227, effective September 17, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 2970, effective February 14, 1994; emergency amendment at 21 Ill. Reg. 647, effective January 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 5916, effective May 1, 1997.

 

Section 405.10  Applicability

 

This Part applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections.

 

(Source:  Amended at 15 Ill. Reg. 5642, effective April 15, 1991)

 

Section 405.15  Responsibilities

 

a)         Unless otherwise specified, the Director, Chief Administrative Officer, Superintendent, or Educational Administrator may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a rule in this Part specifically states the Director, Chief Administrative Officer, Superintendent, or Educational Administrator shall personally perform the duties.  However, the Director, Chief Administrative Officer, Superintendent, or Educational Administrator may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

 

(Source:  Added at 15 Ill. Reg. 5642 effective, April 15, 1991)

 

Section 405.17  Definitions

 

            "Achievement test" means a nationally normed instrument, which has been approved by the Superintendent of School District #428, that measures an individual's educational grade level.

 

            "Associate level courses" means academic and vocational courses that are approved by a college or university as meeting the requirements for an award of an Associate's Degree.

 

            "Baccalaureate level courses" means academic and vocational courses that are approved by a college or university as meeting the requirements for an award of a Bachelor's Degree.

 

            "Billable course work" means course work in which the committed person is enrolled or that begins on or after January 1, 1997 while incarcerated that is necessary for a degree.

 

            "Chief Administrative Officer" means the highest ranking official of a correctional facility.

 

            "Degree" means an academic title awarded by a college or university upon the completion of an approved course of study.  Types of degrees awarded are associate's, bachelor's, etc.

 

            "Department" means the Department of Corrections.

 

            "Director" means the Director of the Department of Corrections.

 

            "Educational programs" means courses of academic and vocational instruction offered to persons committed to the Adult and Juvenile Divisions as approved by School District #428; or courses of academic and vocational instruction offered in the free community; or vocational work training programs offered by the Department or outside resources.

 

            "Full-time student" means a committed person who is enrolled in an educational program that has classes that are normally scheduled to meet a minimum of 15 hours a week; or a committed person who is enrolled in college academics for a minimum of six credit hours per module or 12 credit hours per semester.

 

            "Higher level courses" means academic courses that are approved by a college or university as meeting the requirements for an award of any degrees beyond the Bachelor's Degree.

 

            "90 instructional day program" means a period of 90 days of remedial education, excluding days of absence or days in which no instruction was offered.

 

            "Instructional day" means a day in which instruction is provided.

 

            "Sexually dangerous person" means any person as defined in Section 1.01 of the Sexually Dangerous Persons Act [725 ILCS 205/1.01].

 

            "Superintendent" means the Superintendent of the Department of Corrections School District #428.

 

            "Technical violator" means a committed person who has been returned to a Department facility due to a violation of the conditions of his or her parole or mandatory supervised release, but does not include a committed person who has been convicted of a new offense.

 

            "Working days" means Monday through Friday, excluding State holidays.

 

(Source:  Amended at 21 Ill. Reg. 5916, effective May 1, 1997)

 

Section 405.20  Adult and Juvenile Educational Programs

 

a)         The opportunity for educational programs shall be available in the Adult and Juvenile Divisions through the Department of Corrections School District #428.  Nothing in this Part shall be construed to require educational opportunities for all committed persons, except as otherwise provided in Section 405.60 or in Sections 3-6-2 and 3-9-1 of the Unified Code of Corrections (Ill. Rev. Stat. 1991, ch. 38, pars. 1003-6-2 and 1003-9-1) [730 ILCS 5/3-6-2 and 3-9-1].

 

1)         Adult Division educational programs shall include:

 

A)        Adult basic education and General Educational Development (GED) training;

 

B)        Special education;

 

C)        Vocational education and career counseling; and

 

D)        Post-secondary education, where possible.

 

2)         Juvenile Division educational programs shall include:

 

A)        Basic education and GED;

 

B)        High school credits;

 

C)        Special education;

 

D)        Vocational education; and

 

E)        Post-secondary education, where possible.

 

b)         Committed persons shall, upon request, be considered for enrollment in an educational program for which they are eligible or placement on the waiting list for the program if one exists.

 

c)         In determining eligibility for enrollment in educational programs the Department shall consider, among other factors, the committed person's composite scores on achievement tests, the safety and security of the facility or any person, staff recommendations, requirements for admission to specific programs, administrative concerns, and the committed person's institutional behavior, disciplinary record, educational record, projected release date, and medical and mental health status.

 

d)         In the Adult Division, committed persons may be eligible to enroll in:

 

1)         Adult Basic Education if they test below the 8.0 grade level.

 

2)         GED training if they test at the 8.0 grade level or above and they do not have a verified GED certificate or a High School diploma.

 

3)         Special education regardless of test scores.

 

4)         School District #428 vocational education regardless of test scores.

 

5)         College vocational programs if they have a verified GED certificate or High School diploma or as otherwise approved in writing by the Superintendent.

 

6)         Two-year college degree academic programs if they have a verified GED certificate or High School diploma.

 

7)         Four-year college degree academic programs if they have a verified GED certificate or High School diploma, and they have 30 hours of college transfer credit.

 

e)         In the Juvenile Division, committed persons may be eligible to enroll in:

 

1)         Basic Education if they test below the 8.0 grade level.

 

2)         GED training if they test at the 8.0 grade level or above and they do not have a verified GED certificate, Special Education diploma, or High School diploma.

 

3)         High School credits if they test at the 8.0 grade level or above and they do not have a verified GED certificate, Special Education Diploma, or High School diploma.

 

4)         Special Education regardless of test scores.

 

5)         School District #428 vocational education if they test at the 3.0 grade level or above.

 

6)         College vocational programs if they have a verified GED certificate, Special Education diploma, or High School diploma or as otherwise approved in writing by the Superintendent.

 

7)         Two-year college academic programs if they have a verified GED certificate, Special Education diploma, or High School diploma.

 

f)         Committed persons shall be required to attend and actively participate in classes for which they are enrolled and shall be subject to discipline under 20 Ill. Adm. Code 504, unless absent due to verified illnesses, approved visits, court writs, furloughs, discipline, lockdowns, or other reasons approved by the Chief Administrative Officer.  Active participation shall mean, but shall not be limited to, instances in which the committed person is attentive, responsive, and cooperative and completes assigned work.

 

g)         Committed persons shall adhere to attendance requirements of the educational program in which they are enrolled:

 

1)         Committed persons enrolled in non-college academic programs in the Adult and Juvenile Divisions shall be required to attend and to actively participate in the number of instructional days specified to complete the program and shall not be absent from the program or shall not be documented as not actively participating in the program for more than 30 instructional days, not including days absent due to lockdowns.

 

2)         Persons committed in the Community Services Division and committed persons enrolled in college academic courses shall attend scheduled classes and shall not be absent more than allowed under the requirements of the educational provider or the correctional facility policy.  Committed persons shall be advised of the specific requirements of the program in which they are enrolled.

 

h)         Committed persons may be removed from educational programs due to:

 

1)         Disciplinary action.

 

2)         Failure to adhere to attendance requirements.

 

3)         Administrative reasons approved by the Educational Administrator or the Chief Administrative Officer including, but not limited to, disruptive behavior, lack of active participation, termination or suspension of the program, and safety and security reasons.

 

4)         The committed person's transfer to another facility or program.

 

(Source:  Amended at 18 Ill. Reg. 2970, effective February 14, 1994)

 

Section 405.30  Assistance to Community Services Division

 

Financial counseling and technical assistance in securing remedial education, G.E.D. training, special education, vocational training and post-secondary education may be provided by the Department of Corrections School District #428 to committed persons of the Community Services Division.

 

(Source:  Amended at 15 Ill. Reg. 5642, effective April 15, 1991)

 

Section 405.40  Evaluation (Repealed)

 

(Source:  Repealed at 15 Ill. Reg. 5642, effective April 15, 1991)

 

Section 405.50  Adult Basic Education Attendance

 

a)         All persons committed to the Adult Division of the Department on or after January 1, 1987 whose period of incarceration is at least two years or more or who have been committed as sexually dangerous persons shall be required to receive a composite achievement test score of 6.0 or greater in reading and mathematics or attend a minimum of 90 instructional days in an Adult Basic Education program for reading and mathematics, except those person's identified in subsection (b) of this Section.

 

b)         The requirements in this Section do not apply to:

 

1)         Those persons serving life or death penalty sentences;

 

2)         Other persons who are specifically exempted from this requirement by the Chief Administrative Officer of the facility where the committed person is assigned and the Superintendent based on, but not limited to, security or health reasons, the facility's inability to meet the committed person's unique educational needs, or the facility's inability to provide or complete instruction in the time remaining prior to the committed person's release or discharge date;

 

3)         Those persons who, upon completion of 45 instructional days, have received the required composite achievement test score; or

 

4)         Technical violators who have previously completed the 90 instructional day program and who received the required composite achievement test score upon completion of the program.

 

c)         Credit for class attendance shall only be given by the Educational Administrator for those days in which the committed person actively participates in the program in accordance with Section 405.20(f).

 

d)         Where a committed person's 90 instructional day program has been terminated due to excessive absenteeism in accordance with Section 405.20(g) and (h), the 90 instructional day program shall recommence with no credit given for days previously attended.

 

e)         When a committed person is transferred to another facility prior to completion of the program, a record of the person's attendance shall be submitted to the receiving facility.  His program shall be continued at the receiving facility, whenever feasible, upon enrollment in the program or the committed person shall be placed on a waiting list if one exists, unless the committed person is no longer required to participate in the program in accordance with subsection (b) of this Section.

 

f)         Refusal by any committed person to attend the Adult Basic Education program required by this Section shall constitute grounds for disciplinary action in accordance with 20 Ill. Adm. Code 504.Subpart A.

 

g)         Upon completion of the 90 instructional day program, the committed person shall be retested, and if the required composite achievement test score is not received, the person shall be encouraged, but not required, to remain in an educational program.

 

h)         Committed persons subject to the provisions of this Section who have not attained the required achievement level shall not be eligible for any job assignment pay that exceeds the level of pay received for attendance in the Adult Basic Education program, unless an exemption is granted by the Chief Administrative Officer and the Superintendent due to the committed person's educational handicap, documented by his educational records, which would preclude any reasonable expectation that the committed person could attain the required achievement level; the projected length of time the committed person may have to wait prior to enrollment in the Adult Basic Education Program; or the reasons provided in subsection (b) of this Section; or as otherwise approved by the Department.

 

i)          The Department may conduct pilot programs to determine the value and feasibility of implementing increased educational requirements of committed persons.  All provisions of this Section shall apply to pilot programs, except the Department may increase the educational achievement level and attendance requirements.

 

1)         Committed persons affected by the pilot program shall be informed in writing of the educational achievement level and attendance requirements of the program.

 

2)         The requirements of a pilot program shall apply to all committed persons who are assigned to a facility designated for the pilot program, except for those persons:

 

A)        Specified in subsection (b) of this Section;

 

B)        Who have previously completed the Adult Basic Education Program required by this Section, regardless of the educational level achieved; or

 

C)        Who were enrolled and attending the required Adult Basic Education program at the facility prior to commencement of the pilot program, provided they continue through completion of the program.

 

(Source:  Amended at 16 Ill. Reg. 10449, effective July 1, 1992)

 

Section 405.55  Educational Good Conduct Credits (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 2970, effective February 14, 1994)

 

Section 405.60  Juvenile Educational Attendance

 

a)         All persons committed to the Juvenile Division of the Department who have not received their High School diploma, Special Education diploma, or GED certificate shall be required to participate in an educational program, unless specifically exempted by the Chief Administrative Officer and the Superintendent.  The exemption shall be based on, but not limited to, health, safety or security reasons, and resources available.

 

b)         The extent and length of the educational program shall be based, among other factors, upon the needs and characteristics of the committed person, resources available, availability of programs, administrative concerns, and safety and security of the facility or any person.

 

(Source:  Amended at 16 Ill. Reg. 10449, effective July 1, 1992)

 

Section 405.70  Suspension of Programs

 

Unless otherwise provided by law, any of the provisions of this Part may be suspended by the Director for reasons including, but not limited to, safety and security, budgetary constraints, insufficient program resources, inadequate space or unavailability of educational staff.

 

(Source:  Amended at 15 Ill. Reg. 5642, effective April 15, 1991)

 

Section 405.80  Educational Reimbursement

 

a)         Effective January 1, 1997, committed persons who participate in educational programs provided through the Department and who are either awarded or complete the necessary course work required to earn a degree through these programs shall be required to reimburse the Department for the cost incurred for all billable course work.

 

b)         Each fiscal year, the Department shall determine the cost of courses that meet the requirements for the award of a degree. Committed persons shall be informed of the fees by posted notices, warden's bulletins, handbooks, or another similar manner.

 

c)         Per credit hour fees shall be determined for associate level courses, baccalaureate level courses, and vocational courses.

 

1)         To determine fees for academic courses such as associate or baccalaureate level courses, divide the statewide educational contracts cost for the appropriate level courses using the latest fiscal year for which all final expenditures are known by the average number of credit hours for that fiscal year.  Divide that sum by the average number of students per course.

 

2)         To determine fees for vocational courses, divide the statewide vocational contracts cost using the latest fiscal year for which all final expenditures are known by the average number of vocational credit hours.  Divide that sum by the average number of students per course.

 

d)         Reimbursement shall be required for any billable course work either:

 

1)         Upon the award of a degree; or

 

2)         Upon accumulation of the course work required to be eligible for the award of a degree.

 

e)         To reimburse the Department, the committed person may:

 

1)         Submit full payment for the educational cost;

 

2)         Authorize a monthly payment to be deducted from his or her trust fund account; or

 

3)         Make alternative payment arrangements.

 

f)         Where a committed person who has an outstanding educational reimbursement balance is discharged or placed on parole or mandatory supervised release, interest at the rate of six percent per annum shall be assessed on any unpaid balance until the account is paid in full.  No interest shall be assessed or accrued while the committed person is incarcerated.

 

(Source:  Added at 21 Ill. Reg. 5916, effective May 1, 1997)