AUTHORITY: Implementing and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104], Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5] and Section 14-8.01 of the School Code [105 ILCS 5/14-8.01]; Subpart D implementing Section 3-203 of the Nursing Home Care Act [210 ILCS 45/3-203]; Section 108.300 implementing Section 10-22.6 of the School Code [105 ILCS 5/10-22.6].

SOURCE: Adopted and codified at 7 Ill. Reg. 9559, effective August 3, 1983; amended at 15 Ill. Reg. 6122, effective April 15, 1991; recodified from the Department of Mental Health and Developmental Disabilities to the Department of Human Services at 21 Ill. Reg. 9321.

SUBPART A: STANDARDS FOR EDUCATION PROGRAMS

 

Section 108.10  Definitions

 

For the purposes of this Part, the following terms are defined:

 

            "Act."  The Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].

 

            "Adapted physical education."  A diversified program of developmental activities, games, sports and rhythms, suited to the interests, capacities, and limitations of recipients who may be unable to safely or successfully engage in unrestricted participation in the activities of a general physical education program.

 

            "Adaptive behavior."  Standards of personal independence and social responsibility expected of the recipient's age-appropriate and cultural group.

 

            "Approval."  A written notification issued by the Illinois State Board of Education to an individual attesting that he or she has met the requirements set forth at 23 Ill. Adm. Code 226 for one or more categories of special education personnel.

 

            "Certificate."  A license issued pursuant to Sections 21-1 et seq. of the School Code [105 ILCS 5/21-1] authorizing an individual to be employed in an Illinois public school as a teacher, school service personnel or an administrator.

 

            "Clinical psychologist."  A psychologist registered with the Illinois Department of Professional Regulation who either has a doctoral degree from a regionally accredited university, college, or professional school, and has two years of supervised experience in health services of which at least one year is post doctoral and one year is in an organized health service program, or has a graduate degree in psychology from a regionally accredited university or college, and has not less than six years of experience as a psychologist with at least two years of supervised experience in health services. (Section 1-103 of the Code)

 

            "Code."  The Mental Health and Developmental Disabilities Code [405 ILCS 5].

 

            "Consent."  The recipient's parent(s) or guardian has been informed of all necessary information including a description of the activity for which consent is sought and the risks associated with allowing or disallowing the activity.  He or she understands and agrees, in writing, to carry out the activity for which consent is sought;   understands that the granting of consent is voluntary on his or her part and may be revoked at any time; and is informed of the consequences of withholding consent.

 

            "Day."  A calendar day unless otherwise specified.

 

            "Department."  The Department of Human Services.

 

            "Developmental disability."  Disability which is attributable to mental retardation, cerebral palsy, epilepsy or autism, or to any other condition which results in impairment similar to that caused by mental retardation and which requires services similar to those required by mentally retarded persons. Such disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial handicap. (Section 1-106 of the Code).

 

            "Educational component of the individual treatment or habilitation plan."  A written statement for a recipient that provides at least a statement of:  

 

            The recipient's present levels of educational performance, annual goals and short-term instructional objectives;

 

            Specific special education services;

 

            The extent of participation in a regular education program;

 

            The projected dates for initiation of services;

 

            Anticipated duration of services;

 

            Appropriate objective criteria and evaluation procedures;

 

            A schedule for annual determination of short-term objectives; and

 

            A description of the intervention modalities.

 

            This statement may be contained in the written treatment or habilitation plan or may be referenced therein and maintained elsewhere for ultimate inclusion in the clinical record.

 

            "Endorsement."  Refers to a statement on the face of an administrative special, school service personnel, provisional vocations, temporary provisional, vocational or general certificate limiting the holder to the functions, special area or service area specified.

 

            "Evaluation."  Any one or more parts of a diagnostic assessment or evaluation as delineated in Section 108.90.

 

            "Hearing impaired."  A hearing loss which ranges from mild to profound, and prevents full awareness of environmental sounds and spoken languages, limiting normal language acquisition and learning achievement.

 

            "Individual treatment or habilitation plan."  A written plan, which includes an educational component for special education, prepared within a specified number of days after admission, consistent with the recipient's diagnosis and needs pursuant to Section 3-209 (mentally ill) or Section 4-309 of the Code.  The plan must be reviewed and updated at least every 30 days.  A qualified professional shall be responsible for overseeing the implementation of such plan.

 

            "Instructional programs."  Those activities which provide the principal elements of the recipient's educational development at any given time.  These activities may include any or all of the following:  

 

            Evaluation of the nature of the recipient's educational needs;

 

            Amelioration of and compensation for visual, auditory, physical, speech or other impairments;

 

            Development of language concepts and communication skills;

 

            Educational experiences which are adjusted in content, emphasis, rate, or location; and

 

            Modification of social skills or emotional adjustment in the classroom setting.

 

            For the purposes of this Part, an instructional program shall be considered as one in which the recipient spends 50% or more of his or her school day.

 

            "Intervention modalities."  The developmental, corrective, and other supportive services discussed in Section 108.50 which are required for a recipient according to his or her individual treatment or habilitation plan.  Many, but not all, of these services would be designated as related services in the public school special education setting.

 

            "Language use pattern."  Verbal or nonverbal language or combination of languages which the recipient uses to conceptualize and communicate those conceptualizations.

 

            "Mental impairment."  Markedly delayed intellectual development, adaptive behavior, and academic achievement.  Such mental impairment may be mild, moderate, severe, or profound.

 

            "Multiple impairment."  Two or more impairments, severe in nature or total impact, which significantly affect a recipient's ability to benefit from a standard educational program.

 

            "Parent."  The natural or adoptive parent, a guardian, a person acting as a parent of a minor recipient.  Guardian means the plenary or limited guardian appointed by the court for a person over age 18 so long as the limited guardian's duties encompass educational concerns.  For recipients over 18 years of age without court-appointed guardians, parents may be informed or participate only with the consent of the adult recipient.  Parent also includes a person acting as a parent for educational purposes such as a surrogate parent appointed by the Illinois State Board of Education.

 

            "Parent counseling and training."  Procedures used in assisting parents in understanding the special needs of their child and providing parents with information about child development.

 

            "Physical or health impairment."  A physical or health disability, either temporary or permanent, ranging from mild to profound, which adversely affects a recipient's educational performance and requires adaptation of the physical plant or the use of supplementary aids and services.

 

            "Provisional certificate."  Refers to a credential valid for up to two years entitling the holder to teach at grades kindergarten-nine – provisional elementary (type 30), six-12 – provisional high school (type 31), or kindergarten-12 – provisional special (type 33), in compliance with Sections 21-1 et seq. of the School Code and based on the individual's meeting the requirements for a regular certificate of the same type in another state.

 

            "Psychological evaluation."  An individual evaluation of the child's functioning in cognitive, social, emotional and academic achievement or aptitude areas using appropriately validated formal and informal tests and evaluation material.

 

            "Qualified professional."  Those professional personnel who meet either the certification or approval requirements described in Sections 108.40(d), 108.40(g), 108.40(h), and 108.40(i), exclusive of interns and aides.

 

            "Recipient of services" or "recipient." A person who has received or is receiving treatment or habilitation (Section 1-123 of the Code).

 

            "Re-evaluation."  A series of diagnostic procedures which are performed in accordance with Section 108.90 for the purpose of determining a recipient's continued eligibility for special education programming.

 

            "Resource programs."  Specialized educational instructional services which are provided to the recipient for less than 50% of his or her school day.

 

            "School days."  Those days on which school is officially conducted during the regularly established school year in accordance with Section 10-19 of the School Code [105 ILCS 5/10-19].

 

            "School psychologist."  An individual certified as such by the State Board of Education in accordance with Section 21-25 of the School Code [105 ILCS 5/21-25].

 

            "Secretary."  The Secretary of the Department of Human Services or his or her designee.

 

            "Social developmental study."  A compilation and analysis of information concerning those life experiences of the recipient, both past and present, which pertain to the recipient's problems and/or to the possible alleviation of those problems.

 

            "Special education."  Those instructional and resource programs, unique materials, physical plant adjustments, and other special educational facilities provided by the facility to meet the unique needs of recipients, which modify, supplement, support, or are in the place of the standard educational program of the public school.  The term includes speech pathology and   vocational education.

 

            "Specific learning disability."  The recipient exhibits a disorder   in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations.  This term includes such conditions as perceptual handicap, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.  The term does not include recipients who have learning problems which   are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.  Such disorder may range from mild to profound.

 

            "Speech or language impairment."  Deviations of speech and language processes which are outside the range of acceptable deviation within a given environment and which prevent full social or educational development.  Such impairment may range from mild to profound.

 

            "Standard certificate."  Refers to a credential valid for four years issued pursuant to Article 21 of the School Code [105 ILCS 5/Art. 21], entitling the holder to teach at grades kindergarten-nine – standard elementary (type 03), six-12 – standard high school (type 09), or kindergarten-12 – standard special (type 10) levels.

 

            "Standard educational program."  The educational program similar to that offered by the local school district to its non-handicapped students.

 

            "Standard special certificate."  Refers to a credential (type 10) issued to individuals completing the requirements set forth at 23 Ill. Adm. Code 25.40, 25.43 and 25.45, which is endorsed for one of the following:  educable mentally handicapped, learning disabilities, social, emotional disorders, trainable mentally handicapped, blind and partially seeing, deaf and hard of hearing, physically handicapped or speech and language impaired.

 

            "State-operated facility" or "facility."  A mental health and/or developmental center operated by the State of Illinois, under the jurisdiction of the Department, which provides treatment or habilitation services for recipients who are mentally ill or developmentally disabled or who are a danger to themselves or others.

 

            "Visual impairment."  Vision is such that the recipient cannot develop his or her educational potential without special services and materials.  Such impairment may range from mild to profound.

 

            "Vocational education."  Organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or higher degree.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.20  Educational standards for Department facilities

 

a)         The Department shall be responsible for providing appropriate and effective educational programs, at no cost to the recipient's parents, for all exceptional persons aged 3 to 21 who are admitted, committed or transferred into state-operated facilities in accordance with the Code.

 

b)         Each facility shall provide a comprehensive program of special education for recipients who are aged 3 to 21 years old.  A comprehensive program shall include:  

 

1)         Systematic procedures for identifying and evaluating the need for special education and intervention modalities.

 

2)         A continuum of program options which incorporate appropriate instructional programs and resource programs.

 

3)         Qualified personnel, who can provide:  

 

A)        Supervisory services;

 

B)        Instructional programs;

 

C)        Resource programs; and

 

D)        Intervention modalities.

 

4)         Appropriate and adequate facilities, equipment and materials.

 

5)         Functional relationships with other public or private agencies necessary to provide comprehensive programming and avoid duplicity of services.  For example, some not-for-profit organizations may loan a recipient some needed adaptive equipment; others may provide services which are not available to the Department.

 

6)         Interaction with parents, and with other concerned persons, which facilitates the educational development of recipients.

 

7)         Procedures for internal evaluation of the special education programs and services.

 

8)         Continuous planning for program growth and development based on internal and external evaluation.

 

c)         Special education shall be established and conducted as an identifiable component of the total treatment and habilitation effort.

 

d)         The Department shall be responsible for ensuring that those recipients who require special education services enjoy rights and privileges equal to those of all other persons who are 3 to 21 years old.

 

1)         No recipient between the ages of 3 and 21 may be permanently excluded from the educational program, either by direct action by the facility, by indication of the facility's inability to provide an educational program or by an informal agreement between the parents and the facility to allow the recipient not to participate in an educational program.

 

2)         No recipient whose individual treatment or habilitation plan includes special education instructional or resource programs shall be excluded from that program.

 

3)         Any absence from a prescribed educational program must arise from medical limitation.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.30  The establishment and administration of special education

 

a)         Each facility shall establish and maintain special education instructional and resource programs and intervention modalities, which meet the educational needs of recipients with the following exceptional characteristics, if such recipients are admitted to the facility:  

 

1)         Deficits in intellectual development and mental capacity;

 

2)         Adaptive behavior which restricts effective functioning;

 

3)         Deficits in the essential learning processes of perception, conceptualization, memory, attention, or motor control;

 

4)         Auditory, visual, physical, or health impairment; or

 

5)         Speech or language impairment.

 

b)         Special education instructional and resource programs shall range along a continuum based on the nature and degree of the intervention.  This continuum of program options shall include, but not be limited to:  

 

1)         Special instructional program

 

            The recipient receives most of his or her basic educational experiences through an instructional program in a special class, which is largely self-contained, or in a special school.

 

2)         Cooperative program

 

            The recipient receives most of his or her educational experience through either the standard or the special program of the public or non-public school.  However, this is supplemented through work experience programs or facility programs.

 

c)         Special education instructional and resource programs, including diagnostic services, shall be available to recipients who are aged 3 to 21 years.

 

1)         When a recipient becomes three years old, the recipient shall be eligible for special education services.

 

2)         A recipient who requires continued educational experience to facilitate his or her integration into society shall be considered eligible for such services to age 21 or upon successful completion of the secondary program.  The recipient who becomes 21 during the school year shall be allowed to complete that year.

 

d)         The physical plant used for special education programs and services, i.e., size and location as well as the amount of equipment and materials depend on the individual recipient's needs.  For example, the size of the room and furniture depends upon the physical size and ability of the recipients located in the room.  The equipment and materials depend on factors such as the recipient's developmental ability level, safety features, and the recipients' mobility needs.  Such physical plant shall, as far as feasible, approximate settings in public schools for similar students.

 

e)         Methods by which information regarding a recipient is collected, recorded, protected and maintained shall be in compliance with the Code and the Act.

 

f)         Within each facility, the facility director or designee shall, in cooperation with special education personnel, facilitate the functioning of special education instructional and resource programs as an integral part of the facility program.

 

g)         The specific responsibilities of special education personnel in relation to special education instructional and resource programs shall be delineated in writing and made known to all persons involved.

 

h)         General supervision by the Illinois State Board of Education of all special education programs shall be facilitated by the facility director.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.40  School schedule and staff requirements

 

a)         Each facility shall operate its special education program five days per week unless a regularly scheduled day falls on a legal holiday and shall ensure recipient attendance throughout the period of admission as specified in the educational component of the individual treatment or habilitation plan.

 

b)         Each facility shall develop a school calendar specifying the days on which special education programs will operate; the calendar shall specify a minimum of at least 185 days.

 

c)         Each facility shall provide or assure for each recipient a full program of five clock hours of group or individual instruction on days specified as school days, except as delineated in Section 108.70.

 

d)         In all facilities, all newly hired professional teachers and administrators shall be properly certified in accordance with Section 14-9.01 and Article 21 of the School Code [105 ILCS 5/14-9.01 and Art. 21].

 

1)         In all programs serving recipients who are mentally ill, proper certification may be construed to mean personnel certified as regular education personnel, where such are teamed with or regularly consult with certified special educators as needed in accordance with the recipient's individual treatment plan.

 

2)         In all programs serving recipients who are developmentally disabled, proper certification in the most nearly appropriate special education areas shall be required.

 

3)         All professional personnel, supervisors, and administrators who were employed to provide special education services for persons who are developmentally disabled at the facilities on or before July 1, 1983 shall be exempt from the requirements of this Section until July 1, 1988.

 

e)         Facilities may also employ non-teaching personnel or use volunteer personnel for non-teaching duties not requiring instructional judgment or evaluation of students.  Facilities may use volunteer or non-certified personnel to assist in the instruction of recipients under the immediate supervision of an educator who holds an appropriate certification.

 

f)         All teacher aides shall hold an approval form issued by the Illinois State Teacher Certification Board.  Approval is based on 30 semester hours of college training or completion of an approved teacher aide program as at 23 Ill. Adm. Code 25.Subpart G).

 

g)         Psychologists shall be registered clinical psychologists or certified school psychologists or be a clinical or school psychology intern functioning under the general supervision of such a person.  A clinical psychology intern must be at the doctoral level in his or her training.  A school psychology intern must be in a master's degree program in school psychology.  All testing and reports must be reviewed by the supervising clinical or certified school psychologist.

 

h)         Social workers shall have graduated from a school of social work which has been approved by the Council on Social Work Education and shall possess the master in social work degree and a type 73 certificate issued in accordance with 23 Ill. Adm. Code 226 or hold a bachelor's degree or function as a social work intern under the general supervision of such a person.

 

i)          Other professional providers of direct service, such as medical services personnel, including nurses and physicians and physical therapists, all of whom must be registered with the Illinois Department of Professional Regulation in accordance with the Illinois Nursing Act of 1987 [225 ILCS 65], the Medical Practice Act of 1987 [225 ILCS 60] and the Illinois Physical Therapy Act [225 ILCS 90]; occupational therapists who must hold certification with the American Occupational Therapy Association (Illinois Occupational Therapy Practice Act [225 ILCS 75]); and licensed audiologists and licensed speech-language-pathologists and those who function under their supervision who shall be available in numbers adequate to meet the  needs of recipients as specified in the educational component of their individual treatment or habilitation plans (Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110]).

 

j)          General supervision of a recipient's individual treatment or habilitation plan may be provided by a qualified professional or by a regularly scheduled consultant who provides technical assistance, supervision and consultation to each professional functioning under his or her direction and supervision on a weekly basis.  Additional consultation or supervision must be provided if required by a recipient's individual treatment or habilitation plan.

 

k)         The principal determinants of the number of recipients served in each instructional group shall be the age of the recipients, the nature and severity of their exceptional characteristics, and the degree of intervention necessary.  Exceptions to the following instructional group size limitations shall require the prior written approval of the Illinois State Board of Education.

 

1)         Early childhood instructional groups shall have a ratio of one qualified teacher to five recipients in attendance at any one given time.

 

2)         Instructional groups which primarily serve recipients whose exceptional characteristics are either profound in degree or multiple in nature shall have a maximum of five recipients to one qualified teacher at any one given time.

 

3)         Instructional groups which primarily serve recipients whose principal exceptional characteristics are mild to severe mental impairments or severe behavioral disorders shall have a ratio of one qualified teacher to eight students at any one given time.

 

4)         In the instructional programs above, no qualified teacher shall have a total roster of more than two times the number of students allowed per instructional group.

 

5)         A facility may increase the instructional group size by a maximum of five additional recipients when the class is provided with a full-time non-certified assistant.

 

l)          The age range of recipients within an instructional group shall not exceed four years.

 

(Source:  Amended at 15 Ill. Rev. 6122, effective April 15, 1991)

 

Section 108.50  Intervention modalities

 

a)         Treatment and habilitation intervention modalities which shall be provided by the facility are those activities required by the individual treatment or habilitation plan.  They are in addition to the individual education plan and serve to facilitate the recipient's development.  The activities include evaluation, therapeutic or consultation services.  The intervention modalities to be provided are:  

 

1)         Speech and language services for all recipients with speech and/or language impairments which interfere with their educational or social development.

 

A)        Speech and language services shall include, but not be limited to:

 

i)          Screening and diagnosis of recipients;

 

ii)         Planning and developing the clinical program;

 

iii)        Therapy for recipients with impairments of oral language comprehension, production, or usage, including disorders of fluency, phonation, resonance, articulation and oral language formation;

 

iv)        Parent counseling;

 

v)         Referrals and follow-up; and

 

vi)        Consultative and resource services to other personnel.

 

B)        The number of recipients served by a speech and language clinician shall be based on the nature of the speech and language needs of the individual recipients but in no case shall be greater than 60 per clinician.

 

2)         Psychological services to and on behalf of recipients who require psychological evaluation and assistance in their behavioral or educational adjustment.

 

A)        Psychological services shall include, but not be limited to:

 

i)          Screening of recipients to identify recipients who should be referred for individual study;

 

ii)         Individual psychological examination and interpretation of those findings and recommendations which will lead to meaningful educational experiences for the recipient;

 

iii)        Counseling and performing psychological remedial measures as appropriate to the needs of recipients, individually or in groups;

 

iv)        Participating in parent education and the development of parent understanding; and

 

v)         Consulting with teachers and other personnel in relation to behavior management and learning problems, and consulting in program development.

 

B)        Psychological services shall be used to assist in the process of developing an educational climate conducive to the optimum development of all recipients.  Emphasis shall be placed on prevention as well as rehabilitation; on indirect as well as direct services.

 

3)         Social work services to and on behalf of recipients whose behavioral or educational development is restricted due to social or emotional considerations, family circumstances, or problems of the environment.

 

A)        Social work services shall include, but not be limited to:

 

i)          Consultation service to personnel on behalf of recipients;

 

ii)         Providing consultation and inservice training experiences to facility personnel;

 

iii)        Identification of recipients in need of services;

 

iv)        Providing the social developmental study in a diagnostic evaluation and participating in the identification of those recipients who require social work intervention;

 

v)         Direct services to recipients;

 

vi)        Service to parents on behalf of recipients;

 

vii)       Serving as a liaison between the home and the facility and providing parental education;

 

viii)      Counseling as appropriate in relation to the recipient's problem;

 

ix)        Utilization of community resources; and

 

x)         Assisting in developing services which are needed but unavailable.

 

B)        Social work services shall be used to assist in the process of developing an educational climate conducive to optimum development of all recipients.  Emphasis shall be placed on prevention as well as rehabilitation; on indirect as well as direct services.

 

4)         Special reader services, braillists, typists, and interpreters shall be provided as required by the recipient's individual treatment or habilitation plan.

 

5)         Therapy services shall be provided for recipients as indicated by the individual treatment or habilitation plan.

 

A)        Physical and/or occupational therapy shall be provided for recipients whose physical impairments require appropriate therapeutic attention if the recipients are to receive full benefit from the program provided them. Such therapy shall be provided to individual recipients in accordance with the recommendation and prescription of a physician licensed to practice medicine in all of its branches in accordance with the Medical Practice Act of 1987.

 

B)        Other therapeutic services such as recreation shall be provided as required in the individual treatment or habilitation plan to facilitate the education and development of recipients.

 

6)         Audiology services for all recipients with hearing impairments that interfere with their education or social development. Audiology services shall include, but not be limited to:

 

A)        Administering diagnostic hearing tests to evaluate audiological abilities;

 

B)        Assessing the recipient's need for amplification;

 

C)        Providing rehabilitative services for hearing disorders;

 

D)        Instructing other health team personnel and family members in methods of assisting the recipient in improving communication skills; and

 

E)        Recording and reporting to the recipient's physician the recipient's response to rehabilitative intervention.

 

7)         Consultation services shall be provided as required by the recipient's individual treatment or habilitation plan.

 

b)         The facility shall provide other services including health, medical, psychiatric, nursing and pharmacy services, or transportation, arranged-for counseling services and parent counseling or training when the multi-disciplinary conference determines that such services are necessary to facilitate the treatment, habilitation or educational development of the recipient.

 

c)         Recipient-based objectives shall be determined for each intervention modality.

 

d)         Specific objectives shall be established for each recipient who receives a particular intervention modality.

 

e)         Intervention modalities delivered to or on behalf of the recipient shall be sufficient to be therapeutically or educationally adequate, as determined by evaluation of the recipient's needs.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.60  Vocational program

 

a)         A vocational program consisting of organized instructional experiences, training, and resource programs shall be provided to recipients in accordance with their needs and as determined by the educational component of the individual treatment or habilitation plan.

 

b)         Provision of a vocational program to individual recipients shall be determined  at the treatment or habilitation multi-disciplinary conference, or at a subsequent conference convened for this specific purpose.

 

c)         A vocational plan indicating specific vocational objectives, the training required, service personnel required, and the length of the proposed program shall be developed for each recipient determined to require a vocational program.  This plan shall be developed in cooperation with the recipient and his or her parents, shall be adapted to the recipient's interests and aptitudes, and shall be incorporated into the educational component of the individual treatment or habilitation plan.

 

d)         Community work experiences which are part of the recipient's vocational plan shall occur during the school day, unless this is precluded by the nature of the experience.

 

e)         No recipient shall spend more than one-half of the established school day participating in community work experiences or in local rehabilitation facilities.

 

f)         The recipient's primary special education teacher works with the vocational instructor responsible for all community work experiences which are provided by the facility as part of the vocational plan and for which the recipient receives educational credit.

 

g)         Vocational programs serving recipients shall be coordinated with other vocational programs of the local school district, or other public, private, and state agencies or organizations.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.70  Medically-limited educational program

 

a)         The medically-limited educational program shall consist of appropriate special education services in accordance with the individual treatment or habilitation plan which are provided by the facility to a recipient who is unable, due to either a mental or physical medical condition, to participate in a full special education program.

 

b)         The medically-limited educational program shall be provided to any recipient who has a health, physical or psychiatric impairment which, in the opinion of a physician, will cause an absence from his or her regularly prescribed educational program for more than two consecutive weeks.

 

c)         Medically-limited educational services shall begin as soon as eligibility has been established and the recipient's physical and mental health permit.

 

d)         The amount of instructional service time provided shall be determined in relation to each recipient's educational needs, as well as physical and mental health.

 

1)         A recipient who requires a medically-limited educational program on a temporary basis shall be provided with instructional services sufficient to enable the recipient to return to the regular program with a minimum of difficulty.  Instructional time shall not be less than five hours per week, unless the physician orders a more restricted program.

 

2)         A recipient who requires the medically-limited educational program for an extended time shall be provided with instructional services sufficient to appropriately advance his or her basic educational development, as determined by the multi-disciplinary team every 30 days.

 

e)         The facility shall not use the medically-limited educational program to avoid responsibilities to maintain a more normalized program nor to eliminate recipients from any educational program.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.80  Referrals to other special education facilities from state-operated facility programs

 

a)         If a treatment or habilitation conference determines that a recipient would benefit significantly from sustained interaction with non-handicapped peers, the facility may recommend educational placement in a public school or non-public special education facility in cooperation with the public school.  Placement shall be recommended unless the recipient poses a physical threat to him (her) self or his or her non-handicapped peers. If, for any reason, the recommended placement cannot be immediately implemented, the facility shall provide as appropriate a placement as possible consistent with Section 108.90. Such placement shall be detailed in the recipient's clinical record.

 

b)         The availability of community resources including non-public programs in no way relieves the facility of its responsibility to assure a comprehensive program of special education nor its responsibility to the individual recipient.

 

c)         When a treatment or habilitation conference determines that a recipient cannot be provided with an appropriate education by the facility, the multi-disciplinary team shall meet with the recipient's parents, representative(s) of the school district of parental residency and the potential provider public school or non-public special education facility, to develop an individualized program in accordance with this Part prior to placement.  If any of the representatives cannot attend, the facility shall use other methods to insure participation and document such efforts in the recipient's clinical record.

 

d)         The facility shall be responsible for locating an appropriate public school or non-public special education facility and for facilitating the referral to that program.  An appropriate program is one which will provide the recipient with special education experiences, in accordance with the recipient's individual treatment or habilitation plan.

 

e)         Any recipient determined eligible under subsection (a) of this Section for placement in a public school or non-public special education facility shall, with the consent of the parent and the local school district, be enrolled by the facility in the local school district where that facility is located.  If the local school district does not consent, the Department will provide the educational component of the individual treatment or habilitation plan.

 

f)         The facility shall maintain a record of supportive data on each recipient placed in a public school or non-public special education facility.  This data will include:  

 

1)         A summary of the recipient's diagnostic profile on which placement is based;

 

2)         A description of the program as required by the educational component of the recipient's individual treatment or habilitation plan;

 

3)         An explanation of why the recipient's needs cannot be met by the facility;

 

4)         A description of the special education program offered by the provider school;

 

5)         Conference report and periodic progress reports submitted by the provider school to the facility; and

 

6)         An annual reassessment of the need for continued placement in a provider school.

 

g)         The facility shall be expected to follow the progress of those recipients placed in a public school or non-public special education facility.

 

h)         Facility personnel shall communicate, with the consent of the parent, no less than every 30 days with the provider school personnel to evaluate the recipient's progress and appropriateness of placement.

 

i)          Staff of the provider program shall direct communications regarding the recipient's educational program to facility staff with the parent's consent.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.90  Identification, evaluation and education of recipients

 

a)         Each facility shall develop and implement procedures for creating public awareness of the facility's programs and for advising the public of the rights of recipients.

 

1)         All such procedures shall assure that information regarding programs and the rights of recipients is made available in the community in phrases which will be understandable to parents, regardless of ethnic or cultural background or hearing or visual abilities.

 

2)         Procedures developed by the facility to create public awareness of programs, and for advising the public of the rights of recipients shall include, but not be limited to:

 

A)        Annual notification to all parents of recipients regarding the special education programs and services available in or through the facility and of their right to receive, on request, a copy of this Part.

 

B)        An annual dissemination of information to the community served by the facility regarding the program and services available in or through the facility and the rights of recipients.

 

b)         After admission, the multi-disciplinary team shall perform the educational diagnosis and evaluation in accordance with subsections (e) and (g) of this Section so that the educational component of the individual treatment or habilitation plan can be developed in accordance with the time frames in the definition of the individual treatment or habilitation plan in Section 108.10. The educational component shall be developed in accordance with subsection (n).

 

c)         Parents of the recipient must be notified, in writing, when the facility proposes to initiate or change the educational identification, evaluation or placement of a recipient.

 

1)         The notice shall be:

 

A)        Written in language understandable to the general public, and

 

B)        Written in the native language of the parent or provided in another mode of communication used by the parent, unless it is clearly not feasible to do so, such as when the parents' native language is not a written language or is one in which the dialect is not commonly known to an interpreter of that language.

 

C)        If the language or other mode of communication of the parent is not a written language, the facility shall insure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; that the parent understands the content of the notice, and that there is written evidence on file that these requirements have been met.

 

2)         The notice shall contain:  

 

A)        A full explanation of all the procedural safeguards regarding education available to parents, including the availability, on request, of a list of free or low cost legal and other relevant services available locally to assist parents in initiating an impartial due process hearing regarding educational issues.

 

B)        A description of the educational action proposed or refused by the facility, an explanation of why that facility proposed or refused to take the action, and a description of any options that the facility considered and the reasons why those options were rejected.

 

C)        A description of each educational evaluation procedure, test, record, or report that the facility used as a basis for the proposal or refusal.

 

D)        A description of any other factors which are relevant to that facility's proposal or refusal, and

 

E)        Inclusion of parental consent for evaluation and placement into a program.

 

d)         When a recipient is given an evaluation, the facility shall be responsible for determining the recipient's language and cultural background.

 

1)         Determination shall be made by determining the language(s) spoken in the recipient's home and the language(s) used most comfortably and frequently by the recipient.

 

2)         Determination of the recipient's mode of communication shall be made by assessing the extent to which the recipient uses expressive language and the use he or she makes of other modes of communication (e.g., gestures, signing, unstructured sounds) as a substitute for expressive language.

 

3)         The recipient's language use pattern, proficiency in English, mode of communication and cultural background shall be noted in the recipient's individual treatment or habilitation plan.

 

e)         The recipient shall be given an educational evaluation.

 

1)         For the recipient who requires temporary hospitalization estimated to last 90 days or less, a respite services evaluation shall be conducted, and an individual habilitation plan developed.  This evaluation shall include, but not be limited to:

 

A)        Evaluation of the physical health impairment by a physician, for diagnostic and evaluation purposes;

 

B)        Estimation by the physician of the time the recipient will require respite services; and

 

C)        A review of the recipient's current educational status and academic needs.

 

2)         The individual education plan from the recipient's former school becomes the working individual plan for the respite admission.

 

3)         A comprehensive evaluation shall be conducted for all other recipients. This evaluation shall include, but not be limited to:  

 

A)        An interview with the recipient;

 

B)        Consultation with the recipient's parents;

 

C)        A social developmental study, including an assessment of the recipient's adaptive behavior and cultural background;

 

D)        A report regarding the recipient's medical history and current health status;

 

E)        A vision and hearing screening, completed at the time of the evaluation or within the previous six months;

 

F)         A review of the recipient's academic history and current educational functioning;

 

G)        An educational evaluation of the recipient's learning processes and level of educational achievement; and

 

H)        A psychological evaluation.

 

4)         If a psychologist has not provided the evaluation on which admission was based, the recipient shall be evaluated by the psychologist as part of the comprehensive evaluation.

 

A)        The psychologist shall conduct direct personal observation of the recipient and shall administer such tests as the individual's situation requires; shall review the tests administered by school district personnel and/or the results of recent externally administered evaluations, and analysis of the learning environment and learning processes; and shall participate in the multi-disciplinary conference and such other procedures as deemed necessary.

 

B)        An appropriate medical examination by a physician shall be obtained for all recipients and the expense borne by the Department.  Nothing herein shall be construed to require any recipient to undergo any physical examination or medical treatment whose parents object thereto on the grounds that such examination or treatment conflicts with his or her religious beliefs, pursuant to the provisions of Sections 2-102 (b), 2-107, 2-110 and 2-111 of the Code.

 

5)         Other specialized evaluations appropriate to the nature of the recipients' problems shall be provided for all recipients.  When specialized evaluation procedures not usually provided by the facility are required to provide a better understanding of the recipient's educational or educationally-related problems, the facility recommending such evaluation procedures shall be responsible for locating and using appropriate local and/or state resources. Consideration shall be given to resources of other state agencies or third party payers.  The recipient may not be prohibited from receiving a special education program or service because the recipient is financially or otherwise unable to obtain specialized evaluation procedures.

 

6)         If the parent disagrees with an educational evaluation completed by the facility, the facility shall inform the parents of the opportunity to obtain an independent evaluation at public expense.

 

A)        In such cases, the facility may initiate an impartial due process hearing prior to such independent evaluation to demonstrate that the facility's evaluation is appropriate.

 

B)        If the final decision is that the facility's evaluation is appropriate, the parent shall have the right to an independent evaluation, but not at public expense.

 

f)         If all requirements for educational evaluation cannot be fulfilled, due to lack of parental involvement, religious convictions of the family, or the inability of the recipient to participate in an evaluation procedure, the facility shall note the missing component(s) in the recipient's individual treatment or habilitation plan.

 

g)         Each educational evaluation shall be conducted so as to assure that it is linguistically, culturally, racially, and sexually non-discriminatory.

 

1)         The language(s) used to evaluate a recipient shall be consistent with the recipient's language pattern.  If the language use pattern involves two or more languages, the recipient shall be evaluated using each of the languages used by the recipient.

 

2)         Psychological evaluation of a recipient shall be performed by a clinical or certified school psychologist who has demonstrated competencies in, and knowledge of, the language and culture of the recipient.  The facility, having exhausted all other alternatives and not securing the services of a clinical or certified school psychologist who has demonstrated competencies in, and knowledge of, the language and culture of the recipient, the psychologist regularly employed by the facility shall conduct assessment procedures which do not depend on language, or use the services of an interpreter.  Any educational programming resulting from such alternative procedures shall be reviewed at least every 30 days until the recipient acquires a predominately English language use pattern which will assure that a psychological evaluation given by a clinical or certified school psychologist will not be discriminatory.

 

3)         Tests given to a recipient whose primary language is other than English shall be relevant, to the maximum extent possible, to his or her culture.

 

4)         If the recipient's receptive and/or expressive communication skills are impaired due to hearing and/or language deficits, the examiners shall use instruments and procedures which do not stress spoken language and one of the following:  

 

A)        Visual communication techniques in addition to auditory techniques;

 

B)        An interpreter to assist the evaluating personnel with testing.

 

5)         Each facility shall insure that testing and evaluation material and procedures used for educational evaluation be selected and administered so as not to be racially or culturally discriminatory.

 

6)         Each facility shall insure that:

 

A)        Tests and other evaluation materials are provided and administered in the recipient's native language or other mode of communication, unless it is clearly not feasible to do so; have been validated for the specific purpose for which they are used, and are administered by a clinical or certified school psychologist in conformance with the instructions provided by their producer.

 

B)        Tests and other educational evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient.

 

C)        When tests are administered to a recipient with impaired sensory, motor or communication skills, tests shall be selected and administered to insure that the results accurately reflect the recipient's aptitude or achievement level rather than reflecting the recipient's impaired sensory, motor or communication skills except when those skills are the factors which the test(s) purports to measure.

 

D)        No single procedure is used as the sole criterion for determining an appropriate educational program for a recipient.

 

E)        The educational evaluation is made by a multi-disciplinary team, including at least one teacher or other specialist with knowledge in the area of the suspected disability.

 

F)         The recipient is assessed in all areas related to the suspected disability, including, when appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performances, communicative status, and motor abilities.

 

h)         In those instances in which a recipient has been evaluated by a clinical or certified school psychologist outside the facility, that evaluation shall be considered and may be used in determining educational programming.

 

i)          Upon completion of a respite service educational evaluation and program, the recipient will resume his or her educational programming consistent with the recipient's regular placement.  A report regarding respite recommendations and all recommendations upon which they were based shall be placed in the recipient's education record and shared, with the sending agency or school district, with appropriate consents, in accordance with the Act.

 

j)          Upon completion of a comprehensive educational evaluation, one or more conferences shall be convened for the purpose of formulating educational program and service options, and developing the educational component of the individual treatment or habilitation plan.  This may be the conference at which the individual treatment or habilitation plan as required by Sections 3-209 and 4-309 of the Code is developed.  If not, an additional meeting is to be held to develop the educational component of the individual treatment or habilitation plan.

 

1)         Participants in the conference who formulate the educational component shall include:  

 

A)        Representatives of the recipient's local district of residence as determined by the local district;

 

B)        The facility director, special education director, or unit educator who is qualified, in accordance with Section 108.40(j), to provide or supervise the provision of educational programming;

 

C)        All those personnel involved in the educational evaluation of the recipient;

 

D)        The parent;

 

E)        Other persons, such as the recipient's personal physician, a counselor seen by the recipient, social worker or psychologist, having significant information regarding the recipient;

 

F)         Those persons who may become responsible for providing the educational program or service to the recipient; and

 

G)        The recipient, if mentally able to participate, and other individuals at the discretion of the parent.

 

2)         The purpose of the above conference shall be to:  

 

A)        Establish a composite understanding of the recipient's learning characteristics, sensory and motor skills, and behaviors;

 

B)        Determine appropriate educational programs and/or other services;

 

C)        Determine the recipient's unique educational needs and the extent to which these needs can be met;

 

D)        Determine the nature and degree of educational intervention which is needed and recommend corresponding facility programming and/or community placement which is appropriate and is as unrestrictive of interaction with non-handicapped recipients as possible.

 

k)         Recommendations made at the multi-disciplinary conference shall be determined by a consensus of facility participants and the parent(s) and the recipient, if mentally able.

 

l)          Recommendations for educational programming shall be based on the following:  

 

1)         The recipient shall be placed in the educational program which is appropriate to the recipient's needs and least restrictive of interaction with non-handicapped or less handicapped recipients.

 

2)         The educational programming must be based on the recipient's individual education plan, consistent with the findings obtained from the comprehensive educational evaluation.

 

3)         Consideration must be given to any potentially harmful effects on the recipient, on the quality of services which the recipient needs, or that which impedes the education of other recipients.

 

m)        A written report of the results and recommendations of the multi-disciplinary conference shall be prepared and entered into the recipient's clinical record.

 

1)         The conference report shall be dated and list the names of all those in attendance.

 

2)         The facility shall keep on file a copy of the conference report, together with all documentation upon which it is based.  The parents shall be informed of their rights to access the report, pursuant to Section 4 of the Act.

 

n)         If the initial multi-disciplinary conference was held only for the purpose of formulating program and service options, an additional meeting must be held for the purpose of developing the educational component of the individual treatment of habilitation plan for the recipient.  The meeting at which a recipient's educational component is developed must be held within 60 days after the admission of the recipient.

 

1)         Parents of a recipient must be notified of any meeting to develop, review, or revise the educational component of a recipient's individual treatment or habilitation plan.  The facility must take steps to insure that a recipient's parents are present at each meeting or are afforded the opportunity to participate, including:  

 

A)        Notifying parents of the meeting early enough to insure that they will have an opportunity to attend;

 

B)        Scheduling the meeting at a mutually agreed on time and place; and

 

C)        Indicating in the notice the purpose, time, and location of the meeting and who will be in attendance.

 

2)         The following participants must be invited to the meeting to develop, review or revise the educational component of the individual treatment or habilitation plan:  

 

A)        A representative of the district of parental residence who is qualified to provide or supervise the provision of special education (e.g., the State-approved special education director or designee);

 

B)        The recipient's teacher; and

 

C)        One or both of the recipient's parents. If neither can attend, the facility shall use other methods to insure parent participation, including individual or conference telephone calls.  A meeting may be conducted without a parent in attendance if the facility is unable to convince the parents that they should attend.  In this case, the facility must have a record of its attempts to arrange a mutually agreed on time such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parents and any response received, and detailed records of visits made at the parent's home or place of employment and the results of those visits.

 

D)        The recipient if mentally able to participate; and

 

E)        Other individuals at the discretion of the parent or facility.

 

3)         Employee organization representatives may not attend without parental and facility consent.

 

4)         The facility shall insure that a member of the evaluation team participates in the meeting or that some other person, who is knowledgeable about the procedures used with the recipient and who is familiar with the results of the evaluation, participates in the meeting, as well as an interpreter for the hearing impaired, if necessary.

 

o)         Special education placement shall be made within four days after the recipient's educational component is developed in accordance with subsection (n) of this Section.

 

p)         In addition to initial meetings, the educational status and continued special education placement of each recipient shall be reviewed at least annually in a conference attended by those professional persons working with the recipient, the parents, the recipient when mentally able to participate, the special education director or designee from the district of parental residence, who is a qualified professional, and other individuals at the discretion of the parent.

 

q)         Notification to parents regarding continuation, change, re-evaluation, or termination of placement shall inform the parents of their right to object and of the procedures to be followed to make such an objection.

 

r)          At least 10 days prior to any major change in the educational component of the recipient's individual treatment or habilitation plan, including those stated herein, the parents shall be given written notification of the proposed change, including the reasons for the change and a description of the proposed program.

 

1)         If the parents request an impartial due process hearing regarding a proposed change in the educational placement of the recipient, the facility shall not change the placement until the matter is resolved.

 

2)         If the parents agree to the proposed placement, then a meeting shall be held for the revision of the recipient's educational plan.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

SUBPART B: IMPARTIAL DUE PROCESS HEARING

 

Section 108.100  Request for hearing

 

a)         After informal procedures have been exhausted, and there remain differences between the facility and the parents or the recipient regarding the educational component and intervention modalities aspect of the individual treatment or habilitation plan, an impartial due process hearing may be requested.

 

b)         Differences over issues regarding services other than special education and intervention modalities to the recipient are resolved according to provisions of the Code.

 

c)         A hearing may be requested by the parents, the recipient or the facility regarding, but not limited to, the following:

 

1)         Objections to signing consent for a proposed educational diagnosis or evaluation or initial educational placement;

 

2)         Failure of the facility, upon request of the parents or the recipient, to provide an educational diagnosis or evaluation;

 

3)         Failure of a facility to consider evaluations completed by a qualified professional outside the facility;

 

4)         Objection to a proposed individual education component, either an initial plan, a continuation of a previous plan, or a major change in the recipient's program;

 

5)         Termination of an individual education plan;

 

6)         Failure of the facility to provide an individual education plan consistent with the findings of the educational diagnosis or evaluation and the recommendation of the staff (24 day) conference;

 

7)         Failure of the facility to provide or arrange for the least restrictive special education placement appropriate to the recipient's needs;

 

8)         Provision of special education instructional or resource programs, in an amount insufficient to meet the recipient's needs;

 

9)         An exclusion from educational services, except as provided by medical order, totaling individually or in aggregate 10 or more school days in a given school year of a recipient who has a special education instructional program or resource plan;

 

10)         An exclusion from educational services, except as provided by medical order, totaling individually or in aggregate 10 or more school days in a given school year of a recipient who is eligible for a special education instructional program or resource service but who has not been placed in such a program or provided such a service;

 

11)         Reasonable belief by the parents or the recipient, that the recipient's exclusion from educational services resulted from behavior or a condition symptomatic of an exceptional characteristic as defined herein;

 

12)         Recommendation for the graduation of a recipient;

 

13)         Failure of the facility to comply with this Part;

 

14)         Failure of the facility to arrange for or provide a recipient with a free, appropriate public education.

 

d)         The facility shall be responsible for informing the parents, in writing, of their right to a hearing and of the procedures to follow to make a request for such a hearing.  The facility director shall assist the parents in taking whatever action is necessary to use the hearing process. The facility shall inform the parent of any free or low cost legal and other relevant services available in the area if the parent requests the information or if the parent facility initiates a hearing.

 

e)         A request for a hearing shall be made, in writing, to the facility director of the facility in which the recipient resides.  Such a request shall contain the reasons the hearing is being requested and all other information pertinent to the request.

 

1)         A request for a hearing may be made at any time significantly different circumstances prevail.  Otherwise a hearing may not be requested nor an appeal made more than once each calendar year.

 

2)         Such a request shall be made in writing within 10 days after the parents' receipt of the written notification regarding the proposed placement.  If the parents have not made a request within the 10-day period, the parents may request a hearing at a later date in accordance with the provisions of subsection (a) of this Section.

 

f)         Within 48 hours of the receipt of a request for a hearing, the facility shall:  

 

1)         Send a certified letter to the Secretary, requesting the appointment of an impartial hearing officer.  This letter shall include:  

 

A)        The name, address, and telephone number of the recipient, and of the parents and of the person(s) making the request for the hearing, if it is someone other than the recipient or parents;

 

B)        The date on which the facility received the request for the hearing;

 

C)        The nature of the controversy to be resolved;

 

D)        The primary language spoken by the parents and the recipient.

 

2)         Send to the person requesting the hearing, by certified mail, a copy of the letter sent to the Secretary.

 

3)         If the hearing has been requested by someone other than the recipient's parents, the parents shall be informed of the request and invited to participate in the proceedings.  Thereafter, unless the parents indicate that they do not wish to be informed and/or involved in the hearing process, all communications from the facility, the hearing officer, and the Secretary, and the Illinois State Board of Education shall be directed to both the person requesting the hearing and the parents.

 

g)         If the facility decides not to honor the request for a hearing, the parents of the recipient shall be notified of this denial.  Such notification shall be made, in writing, within five days of the receipt of the request and shall contain the reasons for the denial.  A copy of the written denial shall be sent to the Illinois State Board of Education.

 

1)         If the facility fails to notify the parents of their right to a hearing, as prescribed herein, or if the request for a hearing is denied either directly or by failure to provide such a hearing, the parent may appeal such a denial directly to the Secretary.

 

2)         In the event of a direct appeal to the Secretary, the Secretary shall order that a hearing be conducted at the local level, or order the facility to perform such other measures as deemed necessary.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.110  Hearing officers

 

a)         Within five calendar days after receipt of the request from the facility, the Secretary shall provide a list of five prospective trained impartial hearing officers, one of whom shall be selected as the impartial hearing officer to conduct the local hearing.  Criteria for the hearing officers are as follows:

 

1)         Shall not be an employee of the Department, Illinois State Board of Education, the facility, any local school district, joint agreement or cooperative program with which the facility interacts, or any other agency or organization that is or has been directly involved in the diagnosis, education or care of the recipient.

 

2)         Shall not be a resident of the school district in which the parent is a recipient or in which the facility is located.

 

3)         Shall not be involved in the decisions already made about a recipient regarding identification, evaluation, or placement, and may not have a personal or professional interest which would conflict with his or her objectivity.

 

4)         Shall possess knowledge, information acquired through training under the auspices of the Illinois State Board of Education and the Department about the nature and needs of the type of recipient.  An awareness and understanding of the types and quality of programs available for the type of recipient is essential.

 

b)         The Department shall pay expenses to the hearing officer for his or her services at the local hearing.

 

c)         Selection of one hearing officer from the list shall occur within five calendar days after receipt of the list from the Secretary, and shall occur as follows:  

 

1)         The parents shall first strike a name from the list.

 

2)         The facility shall next strike a name from the list.

 

3)         Both parties shall continue striking from the list until one name remains; that person shall serve as the impartial hearing officer.

 

4)         The facility shall notify the Secretary and the State Superintendent of Education, within five days after receipt of the list, the name of the person to be the impartial hearing officer.

 

5)         This notification may be transmitted verbally to the Secretary, provided that the verbal notification is confirmed in writing, with verification by the facility and the parent, to the Secretary and the State Superintendent of Education within five days.

 

6)         Upon receipt of the notification, the Secretary shall appoint the hearing officer selected by the facility and the parent(s) to convene the hearing.  If the selected hearing officer is unable or unwilling to accept the appointment, the Secretary shall seek from the facility and parent a mutually acceptable alternate.  If the facility and parent are unable to agree to a mutually acceptable alternate, the Secretary shall provide the facility and parent with an additional list of five prospective hearing officers.  The facility and parent shall then repeat the selection process as detailed above.

 

7)         The Illinois State Board of Education shall maintain a list of those persons who serve as hearing officers, along with their qualifications.  From the list, the Secretary shall select a list of persons especially qualified in mental disabilities and offer further training to make them eligible to serve as Department educational hearing officers.

 

d)         The hearing shall not be considered adversarial in nature, but shall be directed toward bringing out all facts necessary for the hearing officer to make a decision.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.120  Conduct of the hearing

 

a)         Within five days of his or her appointment, the hearing officer shall set the time and place for the hearing.

 

1)         The hearing shall be held at a time and place reasonably convenient for both parties involved.  However, it shall be scheduled not later than 15 days after the appointment of the hearing officer, unless the hearing officer permits an extension of time due to extenuating circumstances, not to exceed 15 days, unless both parties agree.

 

2)         If the facility and parent cannot agree to a reasonably convenient time and place, the hearing officer shall make such a determination and proceed to schedule the hearing.

 

3)         The Department shall inform the parents, by mail, no later than 10 days prior to the hearing, that:

 

A)        Pursuant to Section 4 of the Act, they or their designated representative shall have an opportunity to inspect all records regarding the recipient and to obtain copies prior to the hearing, at their own expense.

 

B)        They may request an independent evaluation of the recipient prior to the hearing, at their own expense.  The hearing officer may consider this request an extenuating circumstance and thereby authorize an extension of time for the hearing date, not to exceed 30 days, unless both parties agree.

 

C)        They may require the attendance at the hearing of any facility employee or any other person who may have information relevant to the recipient's needs and abilities.  They may request the attendance of any other persons who may have such information.  They must make all requests for attendance to the hearing officer as soon as possible but no later than five days prior to the scheduled date of the hearing.  The hearing officer may issue subpoenaes requiring the attendance of witnesses and, at the request of the parent of facility, shall issue subpoenaes.  The hearing officer may limit the number of witnesses whose attendance is subpoenaed or requested by either party to not more than 10.  If a party refuses to answer a subpoena or refuses to honor a request to attend, the hearing officer shall note such in the record and contact the Illinois State Board of Education legal department. The hearing may be postponed for a specified period of time, as designated by the hearing officer in order to resolve questions of attendance.

 

D)        They may bring representatives, including legal counsel, agency representatives, or others, to the hearings at their own expense. These persons shall be given an opportunity to participate in the hearing process according to the procedures established by the impartial hearing officer.  The facility shall maintain on file a list of independent evaluation sites, legal and other relevant services available in the area, and shall provide parents with the above information, upon request.

 

E)        The educational status of the recipient will not be changed, pending the completion of the due process proceedings, unless the facility director or designee decides that such change would be warranted due to immediate physical danger to the recipient or other persons.  In such case, the facility shall be responsible for developing and implementing an appropriate interim educational plan.  Any change in placement shall not exceed 10 days.  A facility director must request a change in placement from the Secretary, in writing.

 

F)         Any party to the hearing has the right to prohibit the introduction of any evidence which has not been disclosed to that party at least five days prior to the hearing.

 

G)        Either party may request that an interpreter be made available.

 

b)         Parents involved in such a hearing have the right to have the recipient who is the subject of the hearing present, and open the hearing to the public if the parents wish.

 

c)         The hearing officer shall conduct the hearing in a fair, impartial, and orderly manner.

 

1)         At all stages of the hearing, the hearing officer shall require that the facility make available interpreters for persons who are hearing impaired or for persons whose normally spoken language is other than English. The facility shall assume any costs for interpretation services.

 

2)         At all stages of the hearing, the hearing officer shall assure that the parents are aware of and understand their rights and responsibilities in regard to this process.

 

3)         The hearing officer shall have the authority to require additional information or evidence when he or she deems it necessary to make a complete record.  The hearing officer may recess the hearing for a specified period in order to obtain the additional information necessary.

 

4)         The hearing officer may order an independent evaluation at facility expense.

 

d)         At any hearing which has been requested regarding the educational placement of a recipient, the hearing officer shall seek to establish the issues, allow the introduction of evidence which is relevant to those issues, and derive conclusions therefrom.  These conclusions may include, but are not limited to the following:

 

1)         Whether the recipient has needs which require special education intervention;

 

2)         Whether the evaluation procedures used in determining the recipient's needs have been appropriate in nature and degree;

 

3)         Whether the recipient's diagnostic profile on which the placement recommendation was based is substantially verified;

 

4)         Whether the proposed educational placement is directly related to the recipient's needs;

 

5)         Whether the recipient's rights have been fully observed.

 

e)         A hearing which has been requested regarding any other controversy shall seek to establish the issues as perceived by the prospective parties and the facts on which these issues depend.  To that end, the hearing officer may require from both parties to the hearing written statements of the issues to be resolved, prior to the convening of the hearing.  Each party is entitled to a copy of the other party's statement at least five days prior to the hearing.

 

f)         The facility shall present evidence that the special education needs of the recipient have been appropriately identified and that the special education services proposed to meet the needs of the recipient are adequate, appropriate and available.

 

g)         The recipient's parents and the facility, or their respective representatives, shall have a right to present testimony, cross-examine, and confront all witnesses at the hearing.

 

h)         The rules of evidence shall not apply to the hearing process.

 

i)          The facility shall make a record of the hearing proceedings, either by a court reporter or by a tape recorder.  The parents have a right to obtain a written or electronic verbatim record of the hearing and to obtain written findings of fact and decisions.  Additionally, the record of the hearing shall be part of the recipient's education record, which is governed by the Act.  The facility shall bear the cost for such record.

 

j)          Within 10 days after the conclusion of the hearing, the hearing officer shall render his or her decision, by certified mail, to the facility, the parents, and the State Superintendent of Education and the Secretary.

 

1)         The findings of fact and decision shall be in English and in the language normally spoken by the parents if it is other than English.

 

2)         The State Superintendent of Education shall distribute the information in a non-personally identifiable form to the Advisory Counsel on Education of Handicapped Children.

 

3)         The hearing officer's decision shall be binding upon the facility and the parent unless such decision is appealed, pursuant to Section 108.130.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.130  Appeal process

 

a)         Either party aggrieved by the decision of the impartial hearing officer may appeal that decision to the State Superintendent of Education.  The request for appeal shall be submitted in writing to the State Superintendent of Education and shall include a statement of the specific reasons upon which the appeal is predicated.  It shall be postmarked within 15 days after the receipt of the hearing officer's decision.  A copy of the request for an appeal shall be sent also to the other party to the hearing and the Secretary. Upon initiating a request for appeal, or upon receipt of notice of a parental request for appeal, the facility shall immediately undertake the preparation and compilation of transcripts and documents for submission to the Superintendent of the Illinois State Board of Education for review.

 

1)         If a tape recorder was used to record the hearing procedures, then the facility shall make a verbatim typewritten transcript within 15 days which shall be reviewed by the parents within 10 days after receipt of the transcript.  Inaccuracies shall be recorded and the transcript signed by the parents and the facility director.

 

2)         The typewritten transcript and tape recording of the hearing shall be subject to the Act.

 

b)         In all appeals pursuant to subsection (a) of this Section, the facility shall send a completed appeal form provided by the Department and five copies each of the typewritten transcript of the local hearing, of all documents presented at the hearing and of the hearing officer's decision to the State Superintendent of Education.  If there are disputes concerning the accuracy of the transcript of the tape recording, the facility shall also send a statement of the inaccuracies and the original tape recording and copies of all documents relevant to the case.

 

c)         The facility shall provide a copy of the transcript, which is being sent to the State Superintendent of Education, to the parents.

 

d)         Pending the completion of the due process hearing, and any appeal to the State Superintendent of Education, the facility shall postpone any proposed change in the recipient's educational services, unless the Secretary decides that the health and safety of the recipient or others would be endangered.  In such a case, the facility shall be responsible for developing an appropriate interim educational plan.  Any change in placement shall not exceed 10 days.  A facility director must request a change in placement from the Secretary, in writing.

 

e)         Upon receipt of a request for a State level review, the State Superintendent of Education or designee shall designate a trained impartial hearing panel of five members, composed of three qualified mental health professionals or educational employees of the Department and two comparable employees of the Illinois State Board of Education recommended by the State Superintendent of Education.  The State Superintendent of Education or designee may issue subpoenas requiring the attendance of witnesses at the State level review.

 

f)         The impartial review panel shall consider the appeal based upon a study of the entire hearing record. It is at the discretion of the reviewing panel whether to afford the parties an opportunity for additional testimony.  If additional testimony is allowed or additional evidence is to be considered, a hearing shall be convened and all due process rights shall be afforded the parties.  Additional testimony is allowed or additional evidence is considered if new information comes to the attention of either party, which neither had at the time of the hearing, or to hear a claim from either party that all the issues of disagreement were not resolved by the hearing officer at the local level.

 

g)         A report of the reviewing panel, including its recommendations, shall be submitted to the State Superintendent of Education, who shall decide the appeal within 30 days of receipt of the entire hearing record of the appeal.

 

1)         If a hearing is convened for the purpose of receiving additional testimony or considering additional evidence, the 30 day deadline for a final decision may be extended for a specific period of time, not exceeding 30 days.  The Superintendent may issue subpoenas requiring the attendance of witnesses at the hearing.

 

2)         The State Superintendent of Education may dismiss any appeal he or she deems lacking in substance.  The Superintendent shall dismiss an appeal in which the parents refuse to cooperate or to provide additional information requested.

 

h)         Copies of the decision of the State Superintendent of Education shall be sent by certified mail to the facility and to the parents.  The decision shall be written in English and in the language normally spoken by the parents if it is other than English.

 

i)          The decision of the State Superintendent of Education shall be binding on all parties.  Such decision shall not be contrary to the statutory powers of the Secretary and shall not require expenditure of money except as appropriated by the General Assembly.

 

j)          The decision of the State Superintendent of Education shall be immediately transmitted to the Secretary who shall be responsible for seeing that the facility implements the decision of the State Superintendent.

 

k)         Either party to the hearing aggrieved by the decision of the State Superintendent of Education shall have the right to bring a civil action with respect to the complaint, filed with the education agency which may be brought in a State court of competent jurisdiction or in a district court of the United States.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

SUBPART C: EVALUATION OF SPECIAL EDUCATION

 

Section 108.140  Determination of fulfillment of special education responsibilities

 

a)         The extent to which the facility is fulfilling its special education responsibilities to recipients shall be determined by the Illinois State Board of Education.

 

b)         Official representatives of the Illinois State Board of Education shall be authorized to examine all documentation which would facilitate such determination.  Examination of recipient records can be conducted only pursuant to the provisions of the Act.

 

c)         Evaluation by the Illinois State Board of Education shall focus on the facility's provision of special education services, according to this Part, 23 Ill. Adm. Code 226, P.L. 94-142 (the Education for the Handicapped Act, 20 U.S.C.A. 1400 et seq., 1981), and on community resources used by the facility for special education services.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.150  Bases for evaluation of special education programs and services

 

a)         The facility shall develop a special education services comprehensive plan which shall describe its provision of special education services, its plan for program involvement, and those factors unique to the facility which are considered in the evaluation.  This plan shall be filed with the Illinois State Board of Education and revised at least tri-annually.

 

b)         The facility shall develop and implement procedures which continuously assess the extent to which recipients are being adequately served and the effectiveness of each special education program and service.

 

c)         A team representing the Illinois State Board of Education shall assess recognition criteria for special education through an indepth study conducted on site.

 

d)         Records must be maintained to demonstrate compliance with assurances agreed to in the applications for state and federal funds.  Staff of the State Board of Education will monitor these records.

 

(Source:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.160  Written reports

 

Written reports of the results of the evaluation conducted by the Illinois State Board of Education and any subsequent recommendations or actions shall be provided to the facility director and the responsible Department associate director.  Reports of the evaluation shall be considered in the public domain.

 

(Section:  Amended at 15 Ill. Reg. 6122, effective April 15, 1991)

SUBPART D: DEVELOPMENTAL DISABILITIES AIDE TRAINING PROGRAMS

 

Section 108.200  Application review

 

a)         A program sponsor, as defined in 77 Ill. Adm. Code 395.100, shall submit to the Department of Public Health its application, including its proposed training program, for initial approval and annual renewal in accordance with 77 Ill. Adm. Code 395.110 and 77 Ill. Adm. Code 395.130.

 

b)         When the proposed program involves developmental disabilities aide training, the Department shall evaluate the new program and shall re-evaluate such programs annually thereafter and make its recommendations to the Department of Public Health and the program sponsor.  The Department must receive new proposed programs and annual program renewals 60 days in advance of the training period. The Department shall complete its programs evaluations within 30 working days after their receipt.

 

c)         The Department shall also evaluate proposed program changes, which it must receive 30 days in advance of program delivery.  The Department shall give its recommendations regarding program changes to the Department of Public Health and the program sponsor 15 working days after their receipt.

 

(Source:  Added at 15 Ill. Reg. 6122, effective April 15, 1991)

 

Section 108.210  Review criteria

 

a)         The Department shall evaluate developmental disabilities aide training programs using a check list (see Section 108.Appendix A of this Part), which contains the instructor qualifications and program requirements provided in 77 Ill. Adm. Code 395.150(b), 77 Ill. Adm. Code 395.310 and 77 Ill. Adm. Code 395.160(c).  The Department shall recommend that the training program either be approved, conditionally approved, or disapproved.

 

b)         The Department shall recommend conditional approval when revisions are needed to remedy any minor program deficiencies which would not prevent the program from being implemented, such as deficiencies in the number of course hours, which can be corrected by submitting a revised schedule or outline.  The program sponsor shall submit such revisions to the Department within 10 days after the Department has given its recommendation.  The Department shall, within 30 working days after their receipt, recommend approval providing the program complies with the Ill. Adm. Code provisions in subsection (a) of this Section.

 

c)         Hearings and appeals regarding the denial, suspension and revocation of program approval shall be conducted by the Department of Public Health in accordance with 77 Ill. Adm. Code 395.190.

 

(Source:  Added at 15 Ill. Reg. 6122, effective April 15, 1991)

SUBPART E: MISCELLANEOUS PROVISIONS

 

Section 108.300  Providing staff consultation to school boards

 

In accordance with Section 10-22.6 of the School Code [105 ILCS 5/10-22.6], a school board may invite a representative designated by the Department to consult with the board whenever there is evidence that mental illness may be the cause of a student's expulsion or suspension.  Facility directors who receive such an invitation shall contact the appropriate local community mental health agency in order to coordinate arrangements for an agency representative to work with the school board on this matter.

 

(Source:  Added at 15 Ill. Reg. 6122, effective April 15, 1991)







Section 108.APPENDIX A   Developmental Aide Training Program Review Check List

 

DMHDD-1221i

Department of Mental Health & Developmental Disabilities

Rev.    03/91

IL462-0337

DEVELOPMENTAL DISABILITIES AIDE TRAINING PROGRAM REVIEW CHECK LIST

Facility/agency name:

Date:

Address:

Phone:

Program sponsor:*

Contact person:

DPH ID:

Reviewer:

Review date:

PROGRAM CLASSIFICATION

Licensed ICFD

Bed capacity

Community college

Certified ICFDD

No. DD clients

Area vocational college

Other

STATUS

Initial approval

Program change (must be submitted 30 days prior to implementation)

Annual renewal

(must include:

(1)

Master program schedule as outlined in 77 Ill. Adm. Code 395.110(c)(5);

(2)

any clinical  site agreements as outlined in 77 Ill. Adm. Code 395.110(c)(7); and

(3)

any other information required in 77 Ill. Adm. Code 395.110(c) which

has been changed since initial approval or previous annual renewal.)

Reviewer

AIDE TRAINING PROGRAM OVERVIEW

Directions:  Check reviewer box whenever the program does NOT meet the stated criteria.

TRAINING PROGRAM TITLE

I.

Program rationale (i.e., philosophy, purpose, sponsor, summary, cirriculum coordinator qualifications

A.

Philosophy

B.

Purpose

C.

Summary that identifies sponsoring agency

D.

Qualification(s) of curriculum coordinator (QMRP or at least two years' experience with DD & DMHDD approved)

E.

Other     (identify)

COMMENTS:

*If the program sponsor is a private business or vocational school, a copy of the sponsor's certificate of approval issued by the State Board of Education must be included.




 

	II.	Instructor qualifications shall meet one of the following (A-C):
		A.	Verification of successful completion of a DMHDD-approved "train-the-
			trainer" workshop
		B.	DMHDD approved QMRP trainer
		C.	At least one year's experience with DD programs & DMHDD approved
		D.	Resume included
		COMMENTS:
	III.	Program Delivery
		A.	Location(s) identified
		B.	Scheduled projected dates given
		C.	Evidence of agency agreements, as appropriate
		COMMENTS:

 

Reviewer	TRAINING PROGRAM OVERVIEW
	Directions:  Check reviewer box whenever the program does NOT meet the stated  criteria
	TRAINING PROGRAM TITLE
	IV.	Program Schedule
		A.	Basic content presented in a minimum time frame of three (3) weeks, but not to exceed a maximum of 120 days.  Educational institutions are exempt.
		B.	If an educational institution, the term, semester or trimester courses submitted must include designated hours for OJT and evidence of any agency agreements.
		COMMENTS:
	V.	Academic Classroom Component (80 hours)
		Outline including:
		A.	Program and course title
		B.	Behavioral objectives learner is expected to know or do
		C.	Content outline
		D.	Teaching methods
		COMMENTS:

 




 

 

	VI.	On-the-Job Training Component (40 hours)
		A.	Has a completed itemization of written training tasks (analogous to behavioral objectives)
			1.	Tasks are identified and written specifying training behaviors trainee is required to perform.
			2.	Each task has the required steps for successful completion.
		B.	Task-specified behaviors are taught by a qualified instructor.
		COMMENTS:
	VII.	Program Content
		A.	Flows from stated objectives (not mandated)
		B.	Reflects basic, current knowledge in personal care and skills as related
			to the needs of developmentally disabled persons (not mandated)
		C.	Curriculum review findings (pages 3-4)
		D.	Explanation identifying:
			1.	Instructor(s) criteria for pass/fail of trainers (not mandated)
			2.	Methodology
		E.	Audiovisual materials, trainee and trainer texts are identified by title
			(not mandated)
		F.	Training plan received 60 days prior to being implemented
		COMMENTS:
	VIII.	Program Hours
		A.	120 hours minimum
		B.	Exceeds minimum 120 hours with additional program content (not mandated)
		C.	Ratio of one (1) hour of on-the-job training (including supervised clinical
			practice to two (2) hours of (theory) classroom experience
		COMMENTS:
	IX.	Evaluation Tools
		A.	Copy of evaluation tool(s) included
		B.	Copy of student evaluation of instructor (not mandated)
		C.	Has tools to evaluate:
			1.	Program objectives
			2.	Program content
			3.	On-the-job performance
				a.	Evaluation of tasks by instructor's direct observation
				b.	A recording form is used to indicate the date of successful completion of all OJT tasks; will be filled out and kept on file at the facility
			4.	Instructors (student evaluation of program instructor)
		COMMENTS:

 




 

		DEVELOPMENTAL DISABILITIES AIDE TRAINING CURRICULUM REVIEW
		Directions:  Designated reviewer should
Program Deficiencies	Anticipated Time		a.		Check Program Deficiencies whenever the program does not meet stated criteria
			b.		As appropriate, indicate sponsor's Anticipated Time (i.e., hours, minutes) by the general or specific program title; you may also elect to use this space to identify if the time is for CI (classroom instruction) or OJT (on-the-job training)
			c.		As appropriate, state instruction media used
									PROGRAM TITLE
		I.		Orientation
				A.		Functions of long-term care facilities for the developmentally
						disabled
				B.		The health care professions, support services for the develop-
						mentally disabled and community social service agencies
				C.		Philosophy of residential care
				D.		Role of the interdisciplinary team
				E.		Job duties and responsibilities of the DD aide
				COMMENTS:
		II.		Introduction of the Residents
				A.		Communication and interpersonal relationships with residents,
						families and others
				B.		Psychosocial needs of residents and their family
				C.		The growth and development process
				D.		Characteristics and types of developmental disabilities
				E.		Resident's adjustment to death and dying
				COMMENTS:
		III.		Fundamentals of Habilitation Planning
				A.		Philosophy of achieving independent living skills
				B.		Introduction to the individual habilitation plan including the role of the employee in the habilitation process
				C.		Habilitation plan assessment procedures and goal planning
				D.		The role of the employee in the admission, transfer and discharge processes
				E.		The role of the employee in basic resident care planning & procedures
				COMMENTS:

 




 

		IV.	Techniques of Habilitation Planning and Implementation
				The role of the employee in social habilitation include:
			A.		Activities of daily living (ADL);
			B.		Therapeutic and leisure time activities;
			C.		Education;
			D.		Community living adjustment;
			E.		Behavior development;
			F.		Behavior control;
			G.		Effect of drugs in behavior management;
			H.		Total communication;
			I.		Pre-vocational and vocational training;
			J.		Nutrition and fluid intake;
			K.		Diets and therapeutic diets;
			COMMENTS:

 

DEVELOPMENTAL DISABILITIES AIDE TRAINING CURRICULUM REVIEW
Program Deficiencies	Anticipated Time	PROGRAM TITLE
		V.	Principals of Record Keeping
			A.		History and use of facility records with special emphasis on the role of the employee in the record keeping process
			B.		Content and organization of resident records
			C.		Recording methods for progress notes, universal notes, ADC notes and habilitation news
			D.		Writing effective progress notes
			E.		Confidentiality
			F.		Recording admission, transfer and discharge information
			COMMENTS:
		VI.	Safety
			A.	Basic fire safety
			B.	Emergency and disaster procedures
			C.	Injury prevention techniques
			D.	Household daily safety procedures including body mechanics
			COMMENTS:

 

 




 

			VII.	Facility Environment
				A.	Creating normalized environment for daily activities
				B.	Importance of cleanliness of the facility, use of equipment and supplies
				COMMENTS:
			VIII.	Principles of Disease Control
				A.	Introduction to micro-organisms causing resident illness and disease
				B.	Teaching of disinfection and sanitation
				COMMENTS:
			IX.	Emergency Medical Procedures
				A.	CPR
				B.	Seizures
				C.	Drug reactions
				D.	Traumas
				E.	Heimlich maneuver
				COMMENTS:
			X.	Resident Rights
				A.	Basic civil, human and legal rights of residents
				B.	Protection of residents personal property
				COMMENTS:
			XI.	Bodily Functions
				A.	Helping residents to understand their bodily functions
				B.	Personal hygiene
				C.	Human sexual behavior
				COMMENTS:

 




 

DEVELOPMENTAL DISABILITIES AIDE TRAINING SUMMARY SHEET
Sponsor						Date
I.	Decision:
		A.	Approved.
		B.	Conditionally approved (contingent on the receipt of additional materials,
			or revisions needed to remedy any minor deficiencies in the proposed
			program).  Additional materials or revisions requested are as follows:
		C.	Denied for the following reasons:
II.	Additional comments or recommendations:
Title
Signature							Date

 

(Source:  Added at 15 Ill. Reg. 6122, effective April 15, 1991)