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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | |||||||||||||||||||
5 | amended by adding Section 5-170 as follows: | |||||||||||||||||||
6 | (5 ILCS 100/5-170 new)
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7 | Sec. 5-170. Illinois State Board of Education special | |||||||||||||||||||
8 | education rules. Notwithstanding any other provision of this | |||||||||||||||||||
9 | Act or any other law to the contrary, the following special | |||||||||||||||||||
10 | education rules of the Illinois State Board of Education (ISBE) | |||||||||||||||||||
11 | in Part 226 of Title 23 of the Illinois Administrative Code are | |||||||||||||||||||
12 | amended to read as follows by operation of law. These rules, as | |||||||||||||||||||
13 | set forth in this Section, take effect on the effective date of | |||||||||||||||||||
14 | this amendatory Act of the 93rd General Assembly and may be | |||||||||||||||||||
15 | amended by ISBE only by general rulemaking as provided in | |||||||||||||||||||
16 | Section 5-40 of this Act.
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17 | Section 226.50. Requirements for a Free Appropriate Public | |||||||||||||||||||
18 | Education (FAPE). Each local school district shall ensure that | |||||||||||||||||||
19 | a free appropriate public education (FAPE) is available to each | |||||||||||||||||||
20 | child with a disability who is between the ages of 3 and 21, | |||||||||||||||||||
21 | resides in the State and is enrolled in the district, and | |||||||||||||||||||
22 | requires special education and related services to address the | |||||||||||||||||||
23 | adverse effect of the disability on his or her education. The | |||||||||||||||||||
24 | special education and related services must be provided | |||||||||||||||||||
25 | according to the child's individualized education program | |||||||||||||||||||
26 | (IEP) at no cost to the parent and in accordance with this | |||||||||||||||||||
27 | Part. As public schools, charter schools are also bound by | |||||||||||||||||||
28 | these requirements, and children with disabilities who attend | |||||||||||||||||||
29 | public charter schools and their parents retain all rights | |||||||||||||||||||
30 | under this Part. | |||||||||||||||||||
31 | (a) As part of this obligation, each local district shall |
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1 | develop and implement procedures for creating public awareness | ||||||
2 | of special education and related services and for advising the | ||||||
3 | public of the rights of children with disabilities. | ||||||
4 | (1) All such procedures shall ensure that information | ||||||
5 | is made available in each of the major languages | ||||||
6 | represented in the local school district and in language | ||||||
7 | that will be understandable to parents, regardless of | ||||||
8 | ethnic or cultural background or hearing or visual | ||||||
9 | abilities. | ||||||
10 | (2) Procedures developed by a district pursuant to this | ||||||
11 | Section shall include, but need not be limited to: | ||||||
12 | (A) Annual notification to all parents in the | ||||||
13 | district regarding the special education services | ||||||
14 | available in or through that district and of their | ||||||
15 | right to receive a copy of this Part upon request; and | ||||||
16 | (B) An annual dissemination of information to the | ||||||
17 | community served by the school district regarding the | ||||||
18 | special education services available in or through the | ||||||
19 | district and the rights of children with disabilities. | ||||||
20 | (3) Documentation, including examples as appropriate, | ||||||
21 | of the school district's efforts pursuant to this Section | ||||||
22 | shall be maintained in the district's files. | ||||||
23 | (b) As part of this obligation, each local school district | ||||||
24 | shall comply with the requirements for identifying, locating, | ||||||
25 | and evaluating all children with disabilities set forth in | ||||||
26 | Section 226.100 of this Part. | ||||||
27 | (c) A local school district is obligated to make FAPE | ||||||
28 | available to each eligible child no later than the child's | ||||||
29 | third birthday. (See Sections 226.110(d) and 226.260 of this | ||||||
30 | Part.) | ||||||
31 | (d) The special education services and placement that | ||||||
32 | constitute FAPE for a particular child shall be identified | ||||||
33 | based on the child's unique needs and not on the child's | ||||||
34 | disability. These services shall address all of the child's | ||||||
35 | identified needs for special education and related services. | ||||||
36 | (e) The district shall provide nonacademic and |
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1 | extracurricular services and activities in a manner necessary | ||||||
2 | to afford children with disabilities an equal opportunity to | ||||||
3 | participate in those services and activities. | ||||||
4 | (f) The local school district shall ensure that no delay | ||||||
5 | occurs in implementing a child's IEP, including any case in | ||||||
6 | which the source of payment or provision of services to the | ||||||
7 | child is being determined. | ||||||
8 | (g) No eligible child from three through 21 years of age | ||||||
9 | may be permanently excluded from the public schools, either by | ||||||
10 | direct action by the board of education, by indication of the | ||||||
11 | district's inability to provide an educational program, or by | ||||||
12 | informal agreement between the parents and the school district | ||||||
13 | to allow the child to remain without an educational program. | ||||||
14 | (1) A public agency need not provide services during | ||||||
15 | periods of removal to a child with a disability who has | ||||||
16 | been removed from his or her current placement for ten | ||||||
17 | school days or fewer in that school year, if services are | ||||||
18 | not provided to a child without disabilities who has been | ||||||
19 | similarly removed. An eligible child who has been suspended | ||||||
20 | or expelled from school for more than ten school days | ||||||
21 | during the school year must continue to receive services | ||||||
22 | necessary to enable the child to appropriately progress in | ||||||
23 | the general curriculum and appropriately advance toward | ||||||
24 | achieving the goals set out in the child's IEP. | ||||||
25 | (2) In providing FAPE to children with disabilities who | ||||||
26 | have been suspended or expelled from school, a school | ||||||
27 | district shall meet the requirements set forth in Subpart E | ||||||
28 | of this Part. | ||||||
29 | (h) Transfer Students | ||||||
30 | (1) If a child who is receiving special education from | ||||||
31 | a local school district transfers to another district, the | ||||||
32 | new district is responsible for ensuring FAPE by providing | ||||||
33 | special education and related services in conformity with | ||||||
34 | an IEP. When a transfer student is presented for | ||||||
35 | enrollment, the district shall enroll and initiate | ||||||
36 | educational services to the student immediately. The new |
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1 | school district shall ensure that the child has an IEP in | ||||||
2 | effect. | ||||||
3 | (A) The district may adopt the IEP that the former | ||||||
4 | local school district developed for the child. Such | ||||||
5 | adoption does not require an IEP meeting if: | ||||||
6 | (i) a copy of the child's current IEP is | ||||||
7 | available; | ||||||
8 | (ii) the parents indicate satisfaction with | ||||||
9 | the current IEP; and | ||||||
10 | (iii) the new district determines that the | ||||||
11 | current IEP is appropriate and can be implemented | ||||||
12 | as written. | ||||||
13 | (B) A district that cannot fully implement an IEP | ||||||
14 | from a student's former district shall note in the IEP | ||||||
15 | the services to be provided and shall explain what is | ||||||
16 | being done to secure the remaining services, | ||||||
17 | resources, or other unfulfilled portions of the IEP and | ||||||
18 | how long those actions are expected to take. | ||||||
19 | (C) The district may develop a new IEP for the | ||||||
20 | child if the school district or the parents do not | ||||||
21 | believe the current IEP is appropriate. In such a case, | ||||||
22 | the district shall, within ten days after the date of | ||||||
23 | the child's enrollment, initiate an IEP meeting for the | ||||||
24 | purpose of developing the new IEP. While the new IEP is | ||||||
25 | under development, the district shall implement the | ||||||
26 | IEP from the former district. | ||||||
27 | (2) If the new school district does not receive a copy | ||||||
28 | of the child's current IEP or a verbal confirmation of the | ||||||
29 | requirements of that IEP from the previous school district | ||||||
30 | when the child is presented for enrollment, the child shall | ||||||
31 | be enrolled and served in the setting that the receiving | ||||||
32 | district believes will meet the child's needs until a copy | ||||||
33 | of the current IEP is obtained or a new IEP is developed by | ||||||
34 | the new school district. | ||||||
35 | (A) In no case shall a child be allowed to remain | ||||||
36 | without services during this interim. |
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1 | (B) The new district shall request the student's | ||||||
2 | records from the sending district or school by the end | ||||||
3 | of the next business day after the date of enrollment. | ||||||
4 | (C) No later than ten days after expiration of the | ||||||
5 | time allotted under Section 2-3.13a of the School Code | ||||||
6 | (105 ILCS 5/2-3.13a) for the sending district or school | ||||||
7 | to forward the child's records, the new district shall | ||||||
8 | initiate an IEP meeting for the purpose of developing a | ||||||
9 | new IEP, unless the sending district's or school's IEP | ||||||
10 | arrives before this time elapses and the conditions set | ||||||
11 | forth in subsection (h)(1)(A) of this Section apply. | ||||||
12 | (i) Jurisdictional Disputes | ||||||
13 | Each school district is responsible for ensuring that no | ||||||
14 | eligible child for whom services are sought is denied FAPE due | ||||||
15 | to jurisdictional disputes among Illinois agencies. Provision | ||||||
16 | of FAPE to such a student shall not preclude a district from | ||||||
17 | seeking repayment for costs incurred from any other school | ||||||
18 | district or entity that is determined responsible for such | ||||||
19 | costs. | ||||||
20 | (j) Nothing in this Part relieves any participating agency | ||||||
21 | of the responsibility for providing or paying for any services | ||||||
22 | the agency would otherwise provide to students with | ||||||
23 | disabilities who meet the eligibility criteria of that agency. | ||||||
24 | (k) Eligibility; Graduation or Completion of Program | ||||||
25 | (1) An eligible student who requires continued public | ||||||
26 | school educational experience to facilitate his or her | ||||||
27 | integration into society shall be eligible for such | ||||||
28 | services through age 21. | ||||||
29 | (2) Students who reach age 21 during a school year | ||||||
30 | shall be allowed to complete that year. | ||||||
31 | (3) The provision of FAPE is not required with respect | ||||||
32 | to a student with a disability who has graduated with a | ||||||
33 | regular high school diploma or its equivalent. | ||||||
34 | (4) A student with a disability who has satisfactorily | ||||||
35 | completed a secondary program shall be granted a regular | ||||||
36 | high school diploma. Prior to a student's anticipated |
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1 | graduation, both the parent and the student shall receive | ||||||
2 | written notification in conformance with the requirements | ||||||
3 | of Section 226.520(b) of this Part that eligibility for | ||||||
4 | public school special education services ends following | ||||||
5 | the granting of a diploma and that the parent (or the | ||||||
6 | student, if Section 226.690 of this Part applies) may | ||||||
7 | request a review of the recommendation for graduation. | ||||||
8 | (5) Students who have graduated but have not been | ||||||
9 | awarded regular high school diplomas continue to be | ||||||
10 | eligible to receive FAPE through age 21. | ||||||
11 | (l) Exception for Certain Students Incarcerated as Adults
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12 | Pursuant to 34 CFR 300.311, the right to receive FAPE does not | ||||||
13 | extend to students from 18 through 21 years of age who are | ||||||
14 | incarcerated and who were not identified as eligible and did | ||||||
15 | not have IEPs in their educational placements immediately prior | ||||||
16 | to incarceration.
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17 | Section 226.75. Definitions. | ||||||
18 | Assistive Technology Device: Any item, piece of equipment, | ||||||
19 | or product system, whether acquired commercially off the shelf, | ||||||
20 | modified, or customized, that is used to increase, maintain, or | ||||||
21 | improve the functional capabilities of a child with a | ||||||
22 | disability. | ||||||
23 | Behavioral Intervention: An intervention based on the | ||||||
24 | methods and empirical findings of behavioral science and | ||||||
25 | designed to influence a child's actions or behaviors | ||||||
26 | positively. | ||||||
27 | Case Study Evaluation: See "Evaluation" | ||||||
28 | Cultural Identification: Identifying the family's general | ||||||
29 | cultural factors, such as ethnicity and language spoken, that | ||||||
30 | may have an impact on the design of the case study evaluation | ||||||
31 | procedures used. | ||||||
32 | Date of Referral: The date on which written parental | ||||||
33 | consent to complete an evaluation is obtained or provided. | ||||||
34 | Day: A calendar day, unless otherwise indicated as | ||||||
35 | "business day" or "school day". |
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1 | Business Day: Monday through Friday, except for | ||||||
2 | federal and State holidays (unless holidays are | ||||||
3 | specifically included in the designation of business days, | ||||||
4 | as at 34 CFR 300.403(d)(1)(ii)). | ||||||
5 | School Day: Any day including a partial day, during the | ||||||
6 | regular school year that students are in attendance at | ||||||
7 | school for instructional purposes. | ||||||
8 | Developmental Delay: Delay in physical development, | ||||||
9 | cognitive development, communication development, social or | ||||||
10 | emotional development, or adaptive development (may include | ||||||
11 | children from three through nine years of age). | ||||||
12 | Disability: Any of the following specific conditions. | ||||||
13 | Autism: A developmental disability significantly | ||||||
14 | affecting verbal and nonverbal communication and social | ||||||
15 | interaction, generally evident before age three that | ||||||
16 | adversely affects a child's educational performance. (A | ||||||
17 | child who manifests the characteristics of autism after age | ||||||
18 | 3 could be diagnosed as having autism if the other criteria | ||||||
19 | of this Section are satisfied.) Other characteristics | ||||||
20 | often associated with autism are engagement in repetitive | ||||||
21 | activities and stereotyped movements, resistance to | ||||||
22 | environmental change or change in daily routines, and | ||||||
23 | unusual responses to sensory experiences. The term does not | ||||||
24 | apply if a child's educational performance is adversely | ||||||
25 | affected primarily because the child has an emotional | ||||||
26 | disturbance. | ||||||
27 | Deaf-Blindness: Concomitant hearing and visual | ||||||
28 | impairments, the combination of which causes such severe | ||||||
29 | communication and other developmental and educational | ||||||
30 | needs that they cannot be accommodated in special education | ||||||
31 | programs solely for children with deafness or children with | ||||||
32 | blindness. | ||||||
33 | Deafness: A hearing impairment that is so severe that | ||||||
34 | the child is impaired in processing linguistic information | ||||||
35 | through hearing, with or without amplification, that | ||||||
36 | adversely affects a child's educational performance. |
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1 | Emotional Disturbance (includes schizophrenia, but | ||||||
2 | does not apply to children who are socially maladjusted, | ||||||
3 | unless it is determined that they have an emotional | ||||||
4 | disturbance): A condition exhibiting one or more of the | ||||||
5 | following characteristics over an extended period of time | ||||||
6 | and to a marked degree that adversely affects a child's | ||||||
7 | educational performance: | ||||||
8 | An inability to learn that cannot be explained by | ||||||
9 | intellectual, sensory, or health factors; | ||||||
10 | An inability to build or maintain satisfactory | ||||||
11 | interpersonal relationships with peers and teachers; | ||||||
12 | Inappropriate types of behavior or feelings under | ||||||
13 | normal circumstances; | ||||||
14 | A general pervasive mood of anxiety or unhappiness | ||||||
15 | or depression; or | ||||||
16 | A tendency to develop physical symptoms or fears | ||||||
17 | associated with personal or school problems. | ||||||
18 | Hearing Impairment: An impairment in hearing, whether | ||||||
19 | permanent or fluctuating, that adversely affects a child's | ||||||
20 | educational performance but that is not included under the | ||||||
21 | definition of deafness. | ||||||
22 | Mental Retardation: Significantly subaverage general | ||||||
23 | intellectual functioning, existing concurrently with | ||||||
24 | deficits in adaptive behavior and manifested during the | ||||||
25 | developmental period, that adversely affects a child's | ||||||
26 | educational performance. | ||||||
27 | Multiple Disabilities: Concomitant impairments (such | ||||||
28 | as mental retardation-blindness, mental | ||||||
29 | retardation-orthopedic impairment, etc.), the combination | ||||||
30 | of which causes such severe educational needs that they | ||||||
31 | cannot be accommodated in special education programs | ||||||
32 | solely for one of the impairments (does not include | ||||||
33 | deaf-blindness). | ||||||
34 | Orthopedic Impairment: A severe orthopedic impairment | ||||||
35 | that adversely affects a child's educational performance; | ||||||
36 | includes impairments caused by congenital anomaly (e.g., |
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1 | clubfoot, absence of some member, etc.), impairments | ||||||
2 | caused by disease (e.g., poliomyelitis, bone tuberculosis, | ||||||
3 | etc.), and impairments from other causes (e.g., cerebral | ||||||
4 | palsy, amputations, and fractures or burns that cause | ||||||
5 | contractures). | ||||||
6 | Other Health Impairment: Limited strength, vitality or | ||||||
7 | alertness, including a heightened sensitivity to | ||||||
8 | environmental stimuli, that results in limited alertness | ||||||
9 | with respect to the educational environment, that: | ||||||
10 | is due to chronic or acute health problems, such as | ||||||
11 | asthma, attention deficit disorder or attention | ||||||
12 | deficit hyperactivity disorder, diabetes, epilepsy, a | ||||||
13 | heart condition, hemophilia, lead poisoning, leukemia, | ||||||
14 | nephritis, rheumatic fever, and sickle cell anemia; | ||||||
15 | and | ||||||
16 | adversely affects a child's educational | ||||||
17 | performance. | ||||||
18 | Specific Learning Disability: A disorder in one or more | ||||||
19 | of the basic psychological processes involved in | ||||||
20 | understanding or in using language, spoken or written, that | ||||||
21 | may manifest itself in an imperfect ability to listen, | ||||||
22 | think, speak, read, write, spell, or do mathematical | ||||||
23 | calculations, including such conditions as perceptual | ||||||
24 | disabilities, brain injury, minimal brain dysfunction, | ||||||
25 | dyslexia, and developmental aphasia. (The term does not | ||||||
26 | include learning problems that are primarily the result of | ||||||
27 | visual, hearing, or motor disabilities, of mental | ||||||
28 | retardation, of emotional disturbance, or of | ||||||
29 | environmental, cultural, or economic disadvantage.) [105 | ||||||
30 | ILCS 5/14-1.03(a)] | ||||||
31 | Speech or Language Impairment: A communication | ||||||
32 | disorder, such as stuttering, impaired articulation, a | ||||||
33 | language impairment, or a voice impairment, that adversely | ||||||
34 | affects a child's educational performance. | ||||||
35 | Traumatic Brain Injury: An acquired injury to the brain | ||||||
36 | caused by an external physical force, resulting in total or |
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1 | partial functional disability or psychosocial impairment, | ||||||
2 | or both, that adversely affects a child's educational | ||||||
3 | performance. The term applies to open or closed head | ||||||
4 | injuries resulting in impairments in one or more areas, | ||||||
5 | such as cognition; language; memory; attention; reasoning; | ||||||
6 | abstract thinking; judgment; problem-solving; sensory, | ||||||
7 | perceptual, and motor abilities; psychosocial behavior; | ||||||
8 | physical functions; information processing; and speech. | ||||||
9 | The term does not apply to brain injuries that are | ||||||
10 | congenital or degenerative or to brain injuries induced by | ||||||
11 | birth trauma. | ||||||
12 | Visual Impairment: An impairment in vision that, even | ||||||
13 | with correction, adversely affects a child's educational | ||||||
14 | performance (includes both partial sight and blindness). | ||||||
15 | Domain: All areas of suspected disability that must be | ||||||
16 | considered in the course of designing an evaluation. The | ||||||
17 | domains are health, vision, hearing, social and emotional | ||||||
18 | status, general intelligence, academic performance, | ||||||
19 | communication status, and motor abilities. | ||||||
20 | Eligible: Identified in accordance with this Part as having | ||||||
21 | any of the disabilities defined in this Section and needing | ||||||
22 | special education and related services. | ||||||
23 | Equipment (a programmatic definition, not intended to | ||||||
24 | coincide with the definition of "equipment" given in the | ||||||
25 | Program Accounting Manual at 23 Ill. Adm. Code 110.120): | ||||||
26 | Machinery, utilities, and built-in equipment and any | ||||||
27 | necessary enclosures or structures to house the machinery, | ||||||
28 | utilities, or equipment; and | ||||||
29 | All other items necessary for the functioning of a | ||||||
30 | particular facility as a facility for the provision of | ||||||
31 | educational services, including items such as | ||||||
32 | instructional equipment and necessary furniture; printed, | ||||||
33 | published and audio-visual instructional materials; | ||||||
34 | telecommunications, sensory, and other technological aids | ||||||
35 | and devices; and books, periodicals, documents, and other | ||||||
36 | related materials. |
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1 | Evaluation: A series of procedures designed to provide | ||||||
2 | information about a child's suspected disability; the nature | ||||||
3 | and extent of the problems that are or will be adversely | ||||||
4 | affecting his/her educational development; and the type of | ||||||
5 | intervention and assistance needed to alleviate these | ||||||
6 | problems. | ||||||
7 | Extended School Year Services: Special education and | ||||||
8 | related services that are provided to a child with a disability | ||||||
9 | beyond the normal school year of the public agency in | ||||||
10 | accordance with the child's IEP and at no cost to the parents | ||||||
11 | of the child and meet the requirements of Section 226.750(c) of | ||||||
12 | this Part. | ||||||
13 | Functional Behavioral Assessment: An assessment process | ||||||
14 | for gathering information regarding the target behavior, its | ||||||
15 | antecedents and consequences, the student's strengths, and the | ||||||
16 | communicative and functional intent of the behavior, for use in | ||||||
17 | developing behavioral interventions. | ||||||
18 | General Curriculum: The curriculum adopted and/or used by a | ||||||
19 | local school district or by the schools within a district for | ||||||
20 | nondisabled students; the content of the program, as opposed to | ||||||
21 | the setting in which it is offered. | ||||||
22 | IEP Team: The group of individuals enumerated in Section | ||||||
23 | 226.210 of this Part, except that in three instances the team | ||||||
24 | shall be expanded to include any other qualified professionals | ||||||
25 | whose expertise is necessary to administer and interpret | ||||||
26 | evaluation data and make an informed determination as to | ||||||
27 | whether the child needs special education and related services | ||||||
28 | (i.e., when identifying the specific assessments required in | ||||||
29 | order to evaluate a child's individual needs; when determining | ||||||
30 | whether the child is eligible pursuant to this Part; and when | ||||||
31 | conducting a Manifestation Determination Review). | ||||||
32 | Independent Educational Evaluation: An evaluation | ||||||
33 | conducted by a qualified examiner who is not employed by the | ||||||
34 | school district responsible for the education of the child in | ||||||
35 | question. (See Section 226.180 of this Part.) | ||||||
36 | Individualized Education Program (IEP): A written |
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1 | statement for a child with a disability that is developed, | ||||||
2 | reviewed, and revised in a meeting in accordance with Subpart C | ||||||
3 | of this Part. | ||||||
4 | Individualized Family Service Plan (IFSP): A written plan | ||||||
5 | for providing the early intervention services to a child | ||||||
6 | eligible under 34 CFR 303 and the child's family. | ||||||
7 | Interim Plan: A portion of an IEP that identifies the | ||||||
8 | services that will be provided as a temporary measure, either | ||||||
9 | when the child's complete IEP cannot be implemented or when the | ||||||
10 | parents and the district have only agreed to a portion of the | ||||||
11 | services that will be needed, and that sets out the specific | ||||||
12 | conditions and timelines to which both the parents and the | ||||||
13 | district have agreed. | ||||||
14 | Least Restrictive Environment (LRE): The setting that | ||||||
15 | permits a child to be educated with nondisabled children to the | ||||||
16 | maximum extent appropriate. (See Section 226.240(c) of this | ||||||
17 | Part.) | ||||||
18 | Parent: A natural or adoptive parent of a child; a guardian | ||||||
19 | but not the State if the child is a ward of the State; a person | ||||||
20 | acting in the place of a parent of a child (such as a | ||||||
21 | grandparent or stepparent with whom a child lives); a person | ||||||
22 | who is legally responsible for a child's welfare, or a | ||||||
23 | surrogate parent who has been appointed in accordance with | ||||||
24 | Section 226.550 of this Part. A foster parent is a "parent" | ||||||
25 | when the natural parent's authority to make educational | ||||||
26 | decisions on the child's behalf has been extinguished under | ||||||
27 | State law and the foster parent has an ongoing, long-term | ||||||
28 | parental relationship with the child, is willing to make the | ||||||
29 | educational decisions required of parents under IDEA, and has | ||||||
30 | no interest that would conflict with the interests of the | ||||||
31 | child. | ||||||
32 | Participating Agency: A State or local agency, other than | ||||||
33 | the local school district, that is or may be legally | ||||||
34 | responsible for providing or funding services to a student who | ||||||
35 | is eligible under this Part. | ||||||
36 | Personally Identifiable (with reference to information): |
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1 | Including the name of the child, the child's parent, or other | ||||||
2 | family member; the address of the child; a personal identifier, | ||||||
3 | such as the child's Social Security number or student number; | ||||||
4 | or a list of personal characteristics or other information that | ||||||
5 | would make it possible to identify the child with reasonable | ||||||
6 | certainty. | ||||||
7 | Qualified Personnel: Staff members or other individuals | ||||||
8 | who hold the certificate, license, registration, or credential | ||||||
9 | that is required for the performance of a particular task. | ||||||
10 | Qualified Bilingual Specialist: An individual who holds | ||||||
11 | the qualifications described in Section 226.800(f) of this | ||||||
12 | Part. | ||||||
13 | Qualified Specialist: An individual who holds the | ||||||
14 | applicable qualifications described in Subpart I of this Part. | ||||||
15 | Referral: A formal procedure established by a school | ||||||
16 | district which involves a request for a case study evaluation. | ||||||
17 | Related Services: Transportation and such developmental, | ||||||
18 | corrective, and other supportive services as are required to | ||||||
19 | assist a child with a disability to benefit from special | ||||||
20 | education, including speech-language pathology and audiology | ||||||
21 | services, psychological services, physical and occupational | ||||||
22 | therapy, recreation (including therapeutic recreation), early | ||||||
23 | identification and assessment of disabilities in children, | ||||||
24 | counseling services (including rehabilitation counseling), | ||||||
25 | orientation and mobility services, and medical services for | ||||||
26 | diagnostic or evaluation purposes; also including school | ||||||
27 | health services, social work services in schools, and parent | ||||||
28 | counseling and training. (See Section 226.310 of this Part.) | ||||||
29 | Related services do not include those performed by licensed | ||||||
30 | physicians or dentists (except for diagnostic or evaluative | ||||||
31 | services or consultation to staff), registered or licensed | ||||||
32 | practical nurses (except when functioning as school nurses), or | ||||||
33 | other medical personnel involved in the provision of ongoing | ||||||
34 | medical care. | ||||||
35 | Special Education: Specially designed instruction, at no | ||||||
36 | cost to the parents, to meet the unique needs of a child with a |
| |||||||
| |||||||
1 | disability, including instruction conducted in the classroom, | ||||||
2 | in the home, in hospitals, in institutions, and in other | ||||||
3 | settings, and including instruction in physical education. | ||||||
4 | Special School: An educational setting which is | ||||||
5 | established by the local school district exclusively to meet | ||||||
6 | the needs of eligible children. | ||||||
7 | Student Record: See Section 2 of the Illinois School | ||||||
8 | Student Records Act [105 ILCS 10/2]. | ||||||
9 | Supplementary Aids and Services: Aids, services, and other | ||||||
10 | supports that are provided in regular education classes or | ||||||
11 | other education-related settings to enable children with | ||||||
12 | disabilities to be educated with nondisabled children to the | ||||||
13 | maximum extent appropriate. | ||||||
14 | Transition Services: A coordinated set of activities for a | ||||||
15 | student with a disability that: | ||||||
16 | Is designed within an outcome-oriented process, that | ||||||
17 | promotes movement from school to post-school activities, | ||||||
18 | including postsecondary education, vocational training, | ||||||
19 | integrated employment (including supported employment), | ||||||
20 | continuing and adult education, adult services, | ||||||
21 | independent living, or community participation; | ||||||
22 | Is based on the individual student's needs, taking into | ||||||
23 | account the student's preferences and interests; and | ||||||
24 | Includes instruction, related services, community | ||||||
25 | experiences, the development of employment and other | ||||||
26 | post-school adult living objectives, and, if appropriate, | ||||||
27 | acquisition of daily living skills and functional | ||||||
28 | vocational evaluation.
| ||||||
29 | Section 226.110. Referral. When there is reason to believe | ||||||
30 | that a child may have a disability requiring special education | ||||||
31 | and related services, the child shall be referred for a special | ||||||
32 | education case study evaluation. | ||||||
33 | (a) Referral Procedures | ||||||
34 | Each school district shall develop and make known to all | ||||||
35 | concerned persons procedures by which a case study evaluation |
| |||||||
| |||||||
1 | may be requested. These procedures shall: | ||||||
2 | (1) Designate the steps to be taken in making a | ||||||
3 | referral; | ||||||
4 | (2) Designate the person(s) to whom a referral may be | ||||||
5 | made; | ||||||
6 | (3) Identify the information which must be provided; | ||||||
7 | (4) Provide any assistance that may be necessary to | ||||||
8 | enable persons making referrals to meet any related | ||||||
9 | requirements established by the district; | ||||||
10 | (5) Identify the process for providing the parents with | ||||||
11 | notice of their rights with respect to procedural | ||||||
12 | safeguards. | ||||||
13 | (b) A referral may be made by any concerned person, | ||||||
14 | including but not limited to school district personnel, the | ||||||
15 | parent(s) of a child, an employee of a community service | ||||||
16 | agency, another professional having knowledge of a child's | ||||||
17 | problems, a child, or an employee of the State Board of | ||||||
18 | Education. | ||||||
19 | (c) District Response to Referral | ||||||
20 | (1) The school district shall be responsible for | ||||||
21 | processing the referral, deciding what action should be | ||||||
22 | taken, and initiating the necessary procedures. | ||||||
23 | (2) To determine whether the referred child requires a | ||||||
24 | case study evaluation, the district may utilize screening | ||||||
25 | data and conduct preliminary procedures such as | ||||||
26 | observation of the child, assessment for instructional | ||||||
27 | purposes, consultation with the teacher or other referring | ||||||
28 | agent, and a conference with the child. | ||||||
29 | (3) The district shall determine whether or not to | ||||||
30 | conduct a case study evaluation and notify the parent of | ||||||
31 | the decision and the basis on which it was reached. | ||||||
32 | (d) If the district decides to conduct an evaluation, | ||||||
33 | parental consent must be obtained. | ||||||
34 | (1) Pursuant to Section 14-8.02 of the School Code [105 | ||||||
35 | ILCS 5/14-8.02], the case study evaluation and IEP meeting | ||||||
36 | shall be completed within 60 school days after the date of |
| |||||||
| |||||||
1 | referral or the date of the parent's application for | ||||||
2 | admittance of the child to the public school. | ||||||
3 | (2) The IEP meeting shall be conducted within 30 days | ||||||
4 | after the child is determined eligible. The overall limit | ||||||
5 | specified in subsection (d)(1) of this Section still | ||||||
6 | applies. | ||||||
7 | (3) When a child is referred for evaluation with fewer | ||||||
8 | than 60 days of pupil attendance left in the school year, | ||||||
9 | the eligibility determination shall be made and, if the | ||||||
10 | child is eligible, an IEP shall be in effect prior to the | ||||||
11 | first day of the next school year. | ||||||
12 | (e) If the parent refuses consent for initial evaluation, | ||||||
13 | the district may continue to pursue the evaluation by using the | ||||||
14 | mediation or due process procedures described in Section | ||||||
15 | 226.560 and Subpart G of this Part. | ||||||
16 | (f) If the district decides not to conduct an evaluation: | ||||||
17 | (1) The referring party shall be provided written | ||||||
18 | notice of the district's decision not to conduct an | ||||||
19 | evaluation and, subject to the requirements of the Illinois | ||||||
20 | School Student Records Act [105 ILCS 10] and 23 Ill. Adm. | ||||||
21 | Code 375 (Student Records), the reasons for that decision; | ||||||
22 | and | ||||||
23 | (2) The parent shall be provided written notice of: | ||||||
24 | (A) The date of the referral and the reasons for | ||||||
25 | which the case study evaluation was requested; and | ||||||
26 | (B) The reasons for which the district decided not | ||||||
27 | to conduct a case study evaluation. | ||||||
28 | (g) If a district refuses or fails to conduct an | ||||||
29 | evaluation, the parent of the child in question (or the | ||||||
30 | student, if Section 226.690 of this Part applies) may appeal | ||||||
31 | such refusal or failure in an impartial due process hearing.
| ||||||
32 | |||||||
33 | Section 226.180. Independent Educational Evaluation.
| ||||||
34 | Parents have the right to obtain an independent educational | ||||||
35 | evaluation of their child, subject to the provisions of this | ||||||
36 | Section. |
| |||||||
| |||||||
1 | (a) (Blank). | ||||||
2 | (b) If the parents disagree with the district's | ||||||
3 | evaluation and wish to obtain an independent educational | ||||||
4 | evaluation at public expense, they shall submit to the | ||||||
5 | local school district superintendent a written request to | ||||||
6 | that effect. | ||||||
7 | (c) If the district disagrees with the need for an | ||||||
8 | independent educational evaluation, it shall initiate a | ||||||
9 | due process hearing to demonstrate that its evaluation is | ||||||
10 | appropriate. Such a hearing must be initiated by the local | ||||||
11 | school district within five days following receipt of a | ||||||
12 | written parental request for an independent educational | ||||||
13 | evaluation. | ||||||
14 | (d) An independent educational evaluation at public | ||||||
15 | expense must be completed within 30 days after receipt of a | ||||||
16 | parent's written request, unless the school district | ||||||
17 | initiates a due process hearing or the parties agree that | ||||||
18 | the 30-day period should be extended. If either party | ||||||
19 | wishes such an extension and is unable to obtain the other | ||||||
20 | party's agreement, the district shall initiate a due | ||||||
21 | process hearing within ten school days after the date on | ||||||
22 | which the extension was proposed. | ||||||
23 | (e) If the final decision of the hearing and review | ||||||
24 | process is that the school district's evaluation is | ||||||
25 | appropriate, the parents shall have the right to an | ||||||
26 | independent educational evaluation, but not at public | ||||||
27 | expense. | ||||||
28 | (f) If the school district's evaluation is shown to be | ||||||
29 | inappropriate, the district shall pay for the independent | ||||||
30 | educational evaluation or reimburse the parents for the | ||||||
31 | cost of the evaluation. | ||||||
32 | (g) If the parent is entitled to an independent | ||||||
33 | educational evaluation at public expense, it shall be | ||||||
34 | completed within 30 days after the decision is rendered, | ||||||
35 | unless the parties agree that the 30-day period should be | ||||||
36 | extended. If either party wishes such an extension and is |
| |||||||
| |||||||
1 | unable to obtain the other party's agreement, the school | ||||||
2 | district shall initiate a due process hearing within ten | ||||||
3 | school days after the date on which the extension was | ||||||
4 | proposed. | ||||||
5 | (h) When an independent evaluation is obtained at | ||||||
6 | public expense, the party chosen to perform the evaluation | ||||||
7 | shall be either: | ||||||
8 | (1) an individual whose name is included on the | ||||||
9 | list provided by the State Board of Education with | ||||||
10 | regard to the relevant type(s) of evaluation; or | ||||||
11 | (2) another individual possessing the credentials | ||||||
12 | required by Section 226.840 of this Part. | ||||||
13 | (i) If the parent wishes an evaluator to have specific | ||||||
14 | credentials in addition to those required by Section | ||||||
15 | 226.840 of this Part, the parent(s) and the school district | ||||||
16 | shall agree on the qualifications of the examiner and the | ||||||
17 | specific evaluation(s) to be completed prior to the | ||||||
18 | initiation of an independent educational evaluation at | ||||||
19 | public expense. If agreement cannot be reached, the school | ||||||
20 | district shall initiate a due process hearing subject to | ||||||
21 | the time constraints set forth in this Section, as | ||||||
22 | applicable. | ||||||
23 | (j) The conditions under which an independent | ||||||
24 | evaluation is obtained at public expense, including the | ||||||
25 | location of the evaluation and the qualifications of the | ||||||
26 | examiner, shall meet the criteria that the public agency | ||||||
27 | uses when it initiates an evaluation, to the extent that | ||||||
28 | those criteria are consistent with the parent's right to an | ||||||
29 | independent evaluation. Although the district may ask the | ||||||
30 | parent to specify the areas of disagreement with the local | ||||||
31 | school district's evaluation, the district may not impose | ||||||
32 | any additional conditions or timelines related to | ||||||
33 | obtaining an independent educational evaluation at public | ||||||
34 | expense (such as requiring the parent to specify the areas | ||||||
35 | of disagreement). | ||||||
36 | (k) If the parent obtains an independent educational |
| |||||||
| |||||||
1 | evaluation, the written result of that evaluation shall be | ||||||
2 | considered by the IEP Team. The district shall send the | ||||||
3 | notice convening the IEP Team's meeting within ten days | ||||||
4 | after receiving the evaluation report or after the parent | ||||||
5 | requests a meeting to consider the results of an | ||||||
6 | independent evaluation. | ||||||
7 | (1) The district shall consider the results in any | ||||||
8 | decision made with respect to the provision of a free | ||||||
9 | appropriate public education to the child. | ||||||
10 | (2) The independent evaluation results may be | ||||||
11 | presented as evidence at a hearing or review regarding | ||||||
12 | the child pursuant to this Part.
| ||||||
13 | |||||||
14 | Section 226.200 General Requirements. | ||||||
15 | (a) An IEP shall be in effect before special education and | ||||||
16 | related services are provided to an eligible child. | ||||||
17 | (b) Any activity undertaken with respect to a child's IEP | ||||||
18 | (such as developing or revising the goals, benchmarks, | ||||||
19 | short-term objectives, services, or placement) shall be | ||||||
20 | conducted by an IEP Team that conforms to the requirements of | ||||||
21 | Section 226.210 of this Part. | ||||||
22 | (c) Each school district shall have an IEP in effect for | ||||||
23 | each eligible child within its jurisdiction at the beginning of | ||||||
24 | each school year. | ||||||
25 | (1) When an IEP is developed or revised, notice to the | ||||||
26 | parents shall be provided immediately in accordance with | ||||||
27 | Section 226.520 of this Part, and implementation of the IEP | ||||||
28 | shall occur as soon as possible following the IEP meeting. | ||||||
29 | (2) A school district shall provide special education | ||||||
30 | and related services to eligible children in accordance | ||||||
31 | with their IEPs. The district and teachers shall make | ||||||
32 | efforts in good faith to assist children in achieving the | ||||||
33 | goals and objectives or benchmarks listed in their IEPs. | ||||||
34 | However, an IEP does not constitute a guarantee by a school | ||||||
35 | district or teachers that a child will progress at a | ||||||
36 | specified rate. |
| |||||||
| |||||||
1 | (3) If a participating agency other than the local | ||||||
2 | school district fails to provide transition services | ||||||
3 | required by an IEP, the school district shall convene an | ||||||
4 | IEP meeting to identify alternative strategies for meeting | ||||||
5 | the applicable transition objectives established in the | ||||||
6 | child's IEP. | ||||||
7 | (d) A child's IEP shall be reviewed at least annually to | ||||||
8 | determine whether the goals for the child are being achieved. | ||||||
9 | (e) (Blank). | ||||||
10 | (f) A child's IEP shall be revised if necessary to address: | ||||||
11 | (1) any lack of expected progress related to the annual | ||||||
12 | goals or the general curriculum, if appropriate; | ||||||
13 | (2) the child's anticipated needs; | ||||||
14 | (3) information about the child provided to or by the | ||||||
15 | parents; or | ||||||
16 | (4) any other relevant matters. | ||||||
17 | (g) Each district shall have procedures in place for | ||||||
18 | providing to involved staff members the information they need | ||||||
19 | about the results of a child's IEP meeting, including any | ||||||
20 | responsibilities they will have for implementation of the IEP.
| ||||||
21 | Section 226.210. IEP Team.
The composition of the IEP Team | ||||||
22 | for a particular child, and the participation of the team | ||||||
23 | members and other individuals in the IEP meeting, shall conform | ||||||
24 | to the requirements of this Section. Nothing in this Section | ||||||
25 | shall be construed as requiring the attendance of any member of | ||||||
26 | an IEP Team for the entire duration of a meeting. | ||||||
27 | (a) The child's parents shall be members of the IEP Team. | ||||||
28 | (b) The IEP Team shall include at least one regular | ||||||
29 | education teacher if the child is participating or may | ||||||
30 | participate in the regular education environment. | ||||||
31 | (1) This should be the teacher who is or may be | ||||||
32 | responsible for implementing a portion of the IEP, so that | ||||||
33 | the teacher can participate in discussions about how best | ||||||
34 | to teach the child. The responsibilities of this teacher | ||||||
35 | shall include assisting in: |
| |||||||
| |||||||
1 | (A) the determination of appropriate positive | ||||||
2 | behavioral interventions and strategies for the child; | ||||||
3 | and | ||||||
4 | (B) the identification of supplementary aids and | ||||||
5 | services, program modifications, and supports for | ||||||
6 | school personnel, consistent with 34 CFR | ||||||
7 | 300.347(a)(3). | ||||||
8 | (2) If the child does not have a regular teacher but is | ||||||
9 | anticipated to receive at least some instruction in the | ||||||
10 | regular education setting, the team shall include a regular | ||||||
11 | classroom teacher qualified to teach children of that age. | ||||||
12 | (3) For a child of less than school age, the team shall | ||||||
13 | include an individual qualified to teach preschool | ||||||
14 | children. | ||||||
15 | (c) The team shall include at least one special education | ||||||
16 | teacher or, if appropriate, at least one special education | ||||||
17 | provider of the child. | ||||||
18 | (d) If the child has more than one regular or special | ||||||
19 | education teacher, the local school district may designate | ||||||
20 | which teacher(s) will participate. | ||||||
21 | (e) The IEP Team shall include a representative of the | ||||||
22 | local school district who: | ||||||
23 | (1) Is qualified to provide, or supervise the provision | ||||||
24 | of, specially designed instruction to meet the unique needs | ||||||
25 | of children with disabilities; | ||||||
26 | (2) Is knowledgeable about the general curriculum; | ||||||
27 | (3) Is knowledgeable about the district's resources; | ||||||
28 | and | ||||||
29 | (4) Has the authority to make commitments for the | ||||||
30 | provision of services. | ||||||
31 | (f) The IEP Team may include a qualified bilingual | ||||||
32 | specialist or bilingual teacher, if the presence of such a | ||||||
33 | person is needed to assist the other participants in | ||||||
34 | understanding the child's language and cultural factors as they | ||||||
35 | relate to the child's instructional needs. | ||||||
36 | (g) In the case of a child whose behavior impedes his or |
| |||||||
| |||||||
1 | her learning or the learning of others, the team may include a | ||||||
2 | person knowledgeable about positive behavior strategies, who | ||||||
3 | may be one of the individuals enumerated in subsections (b) | ||||||
4 | through (f) and (h) of this Section. | ||||||
5 | (h) The IEP Team shall include an individual who is | ||||||
6 | qualified to interpret the instructional implications of the | ||||||
7 | evaluation results, who may be one of the individuals | ||||||
8 | enumerated in subsections (b) through (g) of this Section. | ||||||
9 | (i) In the case of a student for whom transition services | ||||||
10 | must be planned, the district shall invite a representative of | ||||||
11 | any other agency that is likely to be responsible for providing | ||||||
12 | or paying for transition services. If a public agency invited | ||||||
13 | to send a representative to a meeting does not do so, the | ||||||
14 | district shall document other steps taken to obtain | ||||||
15 | participation of that agency in the planning of any transition | ||||||
16 | services. | ||||||
17 | (j) Participation of Student | ||||||
18 | (1) Either the district or the parent may invite the | ||||||
19 | student who is the subject of the IEP meeting to attend. | ||||||
20 | (2) The district shall invite the student when a | ||||||
21 | purpose of the meeting is to plan for transition services | ||||||
22 | needed by the student. The notice to the student shall | ||||||
23 | conform to the requirements of Section 226.520(b)(8) of | ||||||
24 | this Part. If the student does not attend, the district | ||||||
25 | shall take other steps to ensure that the student's | ||||||
26 | preferences and interests are considered. | ||||||
27 | (3) The district shall invite the student and the | ||||||
28 | parent when Section 226.690 of this Part applies. The | ||||||
29 | student's absence from the IEP meeting shall be subject to | ||||||
30 | the provisions for parental participation set forth in | ||||||
31 | Section 226.530 of this Part. | ||||||
32 | (k) At the discretion of the parent (or the student, if | ||||||
33 | applicable) or the district, the IEP Team shall include other | ||||||
34 | individuals with knowledge or special expertise regarding the | ||||||
35 | child, including providers of related services.
|
| |||||||
| |||||||
1 | Section 226.230. Content of the IEP. Nothing in this | ||||||
2 | Section shall be construed to require the inclusion of | ||||||
3 | information in one section of a child's IEP that is already | ||||||
4 | contained in another section. | ||||||
5 | (a) Each IEP shall include all the components enumerated in | ||||||
6 | this subsection (a). | ||||||
7 | (1) A statement of the child's present levels of | ||||||
8 | educational performance, including: | ||||||
9 | (A) How the child's disability affects the child's | ||||||
10 | involvement and progress in the general curriculum; or | ||||||
11 | (B) For a preschool child, how the disability | ||||||
12 | affects the child's participation in appropriate | ||||||
13 | activities. | ||||||
14 | (2) A statement of measurable annual goals that reflect | ||||||
15 | consideration of benchmarks or short-term objectives, | ||||||
16 | related to: | ||||||
17 | (A) Meeting the child's needs that result from the | ||||||
18 | child's disability, to enable the child to be involved | ||||||
19 | in and progress in the general curriculum or, for | ||||||
20 | preschool children, to participate in activities | ||||||
21 | appropriate to the child's age; and | ||||||
22 | (B) Meeting each of the child's other educational | ||||||
23 | needs that result from the child's disability. | ||||||
24 | (3) A description of how the child's progress toward | ||||||
25 | his or her annual goals will be measured and of how the | ||||||
26 | parent(s) will be informed of the child's progress. This | ||||||
27 | description shall include a statement of the child's | ||||||
28 | ability to participate in classroom-based assessments and | ||||||
29 | what accommodations are necessary, if any. If the child is | ||||||
30 | unable to participate even with accommodations, a | ||||||
31 | description of the alternative assessment(s) and/or | ||||||
32 | method(s) to be used shall also be provided. | ||||||
33 | (A) Parents of children with disabilities shall be | ||||||
34 | informed of their children's progress at least as often | ||||||
35 | as parents of children without disabilities are | ||||||
36 | informed of their children's progress. |
| |||||||
| |||||||
1 | (B) The information provided to the parents of a | ||||||
2 | child served pursuant to this Part shall include a | ||||||
3 | description of the child's progress toward his or her | ||||||
4 | annual goals and an indication of the extent to which | ||||||
5 | that progress is sufficient to enable the child to | ||||||
6 | achieve those goals by the time the current IEP will | ||||||
7 | require annual review. | ||||||
8 | (4) A statement of the child's ability to participate | ||||||
9 | in State and district-wide assessments. | ||||||
10 | (A) This statement must describe any individual | ||||||
11 | accommodations that are needed in order for the child | ||||||
12 | to participate in a given assessment. | ||||||
13 | (B) If the IEP Team determines that the child will | ||||||
14 | not participate in a particular assessment of student | ||||||
15 | achievement (or part of an assessment), a statement as | ||||||
16 | to: | ||||||
17 | (i) Why that assessment is not appropriate for | ||||||
18 | the child; and | ||||||
19 | (ii) How the child's performance will be | ||||||
20 | assessed, including a description of the alternate | ||||||
21 | assessments to be used. | ||||||
22 | (5) A statement as to the language(s) or mode(s) of | ||||||
23 | communication in which special education and related | ||||||
24 | services will be provided, if other than or in addition to | ||||||
25 | English. | ||||||
26 | (6) An explanation of the extent, if any, to which the | ||||||
27 | child will not participate with nondisabled children in the | ||||||
28 | regular education class and in extracurricular and other | ||||||
29 | nonacademic activities. | ||||||
30 | (7) A statement of the special education and related | ||||||
31 | services and supplementary aids and services to be provided | ||||||
32 | to the child, or on behalf of the child, and a statement of | ||||||
33 | the program modifications or supports for school personnel | ||||||
34 | that will be provided in order for the child: | ||||||
35 | (A) To advance appropriately toward attaining the | ||||||
36 | annual goals; |
| |||||||
| |||||||
1 | (B) To be involved and progress in the general | ||||||
2 | curriculum and to participate in extracurricular and | ||||||
3 | other nonacademic activities. | ||||||
4 | (8) The projected beginning date for the services and | ||||||
5 | modifications described in subsection (a)(7) of this | ||||||
6 | Section; the amount, frequency, location, and duration of | ||||||
7 | each of the services and modifications. | ||||||
8 | (9) A statement as to whether the child requires the | ||||||
9 | provision of services beyond the district's normal school | ||||||
10 | year in order to receive FAPE ("extended school year | ||||||
11 | services"). | ||||||
12 | (10) The placement that the team has determined to be | ||||||
13 | appropriate for the child. | ||||||
14 | (b) (Blank). | ||||||
15 | (c) The IEP for a student who has reached the age of 14 | ||||||
16 | shall also include a description of the student's transition | ||||||
17 | service needs under the applicable components of the IEP, with | ||||||
18 | specific reference to the student's courses of study. | ||||||
19 | (d) The IEP for a student who has reached the age of 14 1/2 | ||||||
20 | shall include goals for employment, postsecondary education, | ||||||
21 | or community living alternatives and a description of | ||||||
22 | transition supports or services, based on the student's needs, | ||||||
23 | including identification of the agency responsible for | ||||||
24 | delivering any needed support or service and, as applicable, | ||||||
25 | any interagency responsibilities or needed linkages. | ||||||
26 | (e) The IEP for a student who has reached the age of 17 | ||||||
27 | shall include documentation indicating that the student has | ||||||
28 | been informed of the rights under the Individuals with | ||||||
29 | Disabilities Education Act that will transfer to the student | ||||||
30 | when he or she reaches the age of 18. | ||||||
31 | (f) The IEP of a student who may, after reaching age 18, | ||||||
32 | become eligible to participate in the home-based support | ||||||
33 | services program for mentally disabled adults authorized by the | ||||||
34 | Developmental Disability and Mental Disability Services Act | ||||||
35 | [405 ILCS 80] shall set forth specific plans related to that | ||||||
36 | program that conform to the requirements of Section 14-8.02 of |
| |||||||
| |||||||
1 | the School Code. | ||||||
2 | (g) Students Incarcerated as Adults. | ||||||
3 | (1) The IEP of a student incarcerated as an adult is | ||||||
4 | not required to comply with: | ||||||
5 | (A) The requirements of subsection (a)(4) of this | ||||||
6 | Section regarding assessment; and | ||||||
7 | (B) The requirements of subsections (c) and (d) of | ||||||
8 | this Section regarding planning for the transition to | ||||||
9 | adult life and services to assist with that transition, | ||||||
10 | if the student's eligibility for special education | ||||||
11 | will end before he or she will be eligible to be | ||||||
12 | released from prison. | ||||||
13 | (2) The IEP Team may modify a student's IEP or | ||||||
14 | placement if the State has demonstrated a bona fide | ||||||
15 | security or compelling penological interest that cannot | ||||||
16 | otherwise be accommodated. The requirements of Section | ||||||
17 | 226.240(c) of this Part regarding placement in the least | ||||||
18 | restrictive environment shall not apply in these | ||||||
19 | circumstances.
| ||||||
20 | Section 226.400. Disciplinary Actions. | ||||||
21 | (a) School personnel may order the removal of an eligible | ||||||
22 | child from his or her current placement for periods of no more | ||||||
23 | than ten consecutive school days each in response to separate | ||||||
24 | incidents of misconduct, as long as such repeated removals do | ||||||
25 | not constitute a pattern based on consideration of factors such | ||||||
26 | as the length of each removal, the total amount of time the | ||||||
27 | child is removed, and the proximity of the removals to one | ||||||
28 | another. In such a case, these removals shall not be considered | ||||||
29 | to constitute a change in placement. | ||||||
30 | (1) After an eligible child has been removed from his | ||||||
31 | or her placement for ten school days in the same school | ||||||
32 | year, the district shall provide services to the child on | ||||||
33 | any subsequent day(s) of removal. | ||||||
34 | (2) School personnel, in consultation with the child's | ||||||
35 | special education teacher, shall determine the extent of |
| |||||||
| |||||||
1 | the services to be provided, which shall be adequate to | ||||||
2 | enable the child to progress appropriately in the general | ||||||
3 | curriculum and advance toward achieving the goals set forth | ||||||
4 | in his or her IEP. | ||||||
5 | (b) Any removal of a student (i.e., any "suspension") shall | ||||||
6 | be reported immediately to the student's parents, along with a | ||||||
7 | full statement of the reasons for the suspension, a copy of | ||||||
8 | which shall also be given to the school board. The district | ||||||
9 | shall provide the parents notice of their right to request that | ||||||
10 | the district review the suspension decision, as required by | ||||||
11 | Section 10-22.6 of the School Code [105 ILCS 5/10-22.6]. | ||||||
12 | (c) When a district first removes a child for more than ten | ||||||
13 | school days in a school year or initiates a removal that will | ||||||
14 | constitute a change in placement, the district shall, no later | ||||||
15 | than ten business days after the date of such removal, either: | ||||||
16 | (1) convene an IEP meeting to review and, if necessary, | ||||||
17 | revise the child's existing behavioral intervention plan | ||||||
18 | as appropriate to address the child's behavior; or | ||||||
19 | (2) if the district has not conducted a functional | ||||||
20 | behavioral assessment and if the child does not have a | ||||||
21 | behavior intervention plan, convene an IEP meeting to | ||||||
22 | develop an assessment plan. | ||||||
23 | (d) Upon any subsequent removal of a child that does not | ||||||
24 | constitute a change in placement, the members of the IEP Team | ||||||
25 | shall review the child's behavioral intervention plan and its | ||||||
26 | implementation. If any one member of the team believes that the | ||||||
27 | plan needs to be modified, the district shall convene an IEP | ||||||
28 | meeting to review the plan and revise it as the team deems | ||||||
29 | appropriate. | ||||||
30 | (e) A student may be suspended from using the | ||||||
31 | transportation provided by the school district if his or her | ||||||
32 | behavior warrants such a measure. When suspending | ||||||
33 | transportation privileges results in the student's absence | ||||||
34 | from school on a given day, that day shall be considered a day | ||||||
35 | of suspension or removal, and the requirements of Section | ||||||
36 | 10-22.6 of the School Code shall apply. |
| |||||||
| |||||||
1 | (f) School personnel may order a change in placement for an | ||||||
2 | eligible child to an interim alternative educational setting | ||||||
3 | for the same amount of time that a child without a disability | ||||||
4 | would be subject to discipline, up to a maximum of 45 days, if: | ||||||
5 | (1) the child carries a weapon, as defined at 34 CFR | ||||||
6 | 300.520, to school or to a school function under the | ||||||
7 | jurisdiction of a state or a local school district; or | ||||||
8 | (2) the child knowingly possesses or uses illegal drugs | ||||||
9 | or sells or solicits the sale of a controlled substance, | ||||||
10 | both as defined at 34 CFR 300.520, while at school or a | ||||||
11 | school function under the jurisdiction of a state or a | ||||||
12 | local school district. | ||||||
13 | (g) No later than ten business days after making the | ||||||
14 | decision to place the child in an alternative setting, the | ||||||
15 | district shall convene an IEP meeting as delineated in | ||||||
16 | subsection (c) of this Section. | ||||||
17 | (h) The interim alternative educational setting in which a | ||||||
18 | child is placed pursuant to subsection (f) of this Section | ||||||
19 | shall be identified by the child's IEP Team. | ||||||
20 | (1) The setting shall be selected so as to enable the | ||||||
21 | child to continue to progress in the general curriculum. | ||||||
22 | (2) While the child is served in the interim | ||||||
23 | alternative educational setting, he or she shall continue | ||||||
24 | to receive the services and modifications set forth in the | ||||||
25 | IEP. | ||||||
26 | (3) The placement shall include services and | ||||||
27 | modifications designed to address the behavior that | ||||||
28 | resulted in the child's being removed from his or her | ||||||
29 | current educational placement and to prevent that behavior | ||||||
30 | from recurring. | ||||||
31 | (i) Interim alternative educational settings for students | ||||||
32 | who exhibit behavior that is likely to result in injury to | ||||||
33 | themselves or others are subject to the provisions of Section | ||||||
34 | 226.655 of this Part. | ||||||
35 | (j) No eligible child shall be expelled for behavior that | ||||||
36 | is a manifestation of the child's disability. If a district is |
| |||||||
| |||||||
1 | considering expelling an eligible student, the district shall: | ||||||
2 | (1) Conduct a manifestation determination review as | ||||||
3 | described in Section 226.410 of this Part; and | ||||||
4 | (2) Adhere to the requirement of Section 10-22.6(a) of | ||||||
5 | the School Code regarding meeting with the parent(s). | ||||||
6 | (k) An expulsion constitutes a change in placement and | ||||||
7 | requires revision of the child's IEP in a manner that conforms | ||||||
8 | to the applicable requirements of Subpart C of this Part. | ||||||
9 | Cessation of services to an eligible child is prohibited during | ||||||
10 | a period of expulsion.
| ||||||
11 | Section 226.410. Manifestation Determination Review. The | ||||||
12 | requirements of this Section shall apply whenever a | ||||||
13 | disciplinary action is contemplated with respect to an eligible | ||||||
14 | child that will constitute a change in placement and that | ||||||
15 | action is being considered because of behavior that violates | ||||||
16 | any rule or code of conduct of the school district that applies | ||||||
17 | to all students. | ||||||
18 | (a) On the date when the district determines that | ||||||
19 | disciplinary action will be taken, the district shall notify | ||||||
20 | the parents in writing to that effect and shall notify them of | ||||||
21 | the procedural safeguards that apply. | ||||||
22 | (b) As soon as possible, but in no event more than ten | ||||||
23 | school days after the date on which the district determines | ||||||
24 | that disciplinary action will be taken, the district shall | ||||||
25 | conduct a review of the relationship between the child's | ||||||
26 | disability and the behavior that is subject to the disciplinary | ||||||
27 | action (a "manifestation determination review"). | ||||||
28 | (c) The manifestation determination review shall be | ||||||
29 | conducted by the IEP Team and other qualified personnel in a | ||||||
30 | meeting. | ||||||
31 | (d) In carrying out a manifestation determination review, | ||||||
32 | the IEP Team and other qualified personnel shall determine | ||||||
33 | whether the child's behavior was a manifestation of his or her | ||||||
34 | disability. In making its determination, the IEP Team shall | ||||||
35 | consider all available relevant information, including: |
| |||||||
| |||||||
1 | (1) evaluation and diagnostic results, including | ||||||
2 | information supplied by the child's parent(s); | ||||||
3 | (2) observations of the child; and | ||||||
4 | (3) the child's current IEP and placement. | ||||||
5 | (e) The team may determine that the subject behavior was | ||||||
6 | not a manifestation of the child's disability only if it is | ||||||
7 | determined that: | ||||||
8 | (1) The child's IEP and placement were appropriate, and | ||||||
9 | special education services, supplementary aids and | ||||||
10 | services, and behavioral intervention strategies were | ||||||
11 | provided consistent with that IEP and that placement. | ||||||
12 | (2) The child's disability did not impair his or her | ||||||
13 | ability to understand the impact and consequences of the | ||||||
14 | behavior. | ||||||
15 | (3) The child's disability did not impair his or her | ||||||
16 | ability to control the behavior. | ||||||
17 | (f) If the child's behavior is determined to have been a | ||||||
18 | manifestation of his or her disability, the district shall | ||||||
19 | immediately initiate steps to remedy any deficiencies | ||||||
20 | identified in the IEP or its implementation, so that such | ||||||
21 | deficiencies may be removed as soon as possible. | ||||||
22 | (g) If the child's behavior is determined not to have been | ||||||
23 | a manifestation of the disability, the district may apply | ||||||
24 | relevant disciplinary procedures in the same manner as it would | ||||||
25 | with respect to children without disabilities. In such a case, | ||||||
26 | the district shall ensure that the student's special education | ||||||
27 | and disciplinary records are provided for consideration by the | ||||||
28 | person(s) making the final determination regarding the | ||||||
29 | disciplinary action to be taken. | ||||||
30 | (h) When the application of a disciplinary measure results | ||||||
31 | in a change in placement, services shall be provided to the | ||||||
32 | extent determined necessary by the IEP Team to enable the | ||||||
33 | student to progress in the general curriculum and advance | ||||||
34 | appropriately toward achieving the goals set forth in his or | ||||||
35 | her IEP.
|
| |||||||
| |||||||
1 | Section 226.430. Protection for Children Not Yet Eligible | ||||||
2 | for Special Education. | ||||||
3 | (a) A child who has not been determined eligible under this | ||||||
4 | Part and who has engaged in behavior that violated any rule or | ||||||
5 | code of conduct of the local school district may assert any of | ||||||
6 | the protections provided for in this Part if the school | ||||||
7 | district had knowledge that the child might be an eligible | ||||||
8 | child before the occurrence of the behavior that precipitated | ||||||
9 | disciplinary action. | ||||||
10 | (b) A district shall be deemed to have knowledge that a | ||||||
11 | child may be an eligible child if, prior to the incident: | ||||||
12 | (1) The parent of the child has expressed concern in | ||||||
13 | writing (or orally, if the parent is illiterate in English | ||||||
14 | or has a disability that prevents a written statement) to | ||||||
15 | personnel of the school district that the child is in need | ||||||
16 | of special education and related services; | ||||||
17 | (2) The behavior or performance of the child | ||||||
18 | demonstrates the need, or a potential need, for such | ||||||
19 | services; | ||||||
20 | (3) The parent of the child has requested an evaluation | ||||||
21 | of the child pursuant to Sections 300.530 through 300.536; | ||||||
22 | or | ||||||
23 | (4) The child's teacher or another school employee has | ||||||
24 | expressed concern in writing about the behavior or | ||||||
25 | performance of the child to the director of special | ||||||
26 | education or to other district personnel, in accordance | ||||||
27 | with the district's child find or referral procedures. | ||||||
28 | (c) A district shall not be deemed to have knowledge that a | ||||||
29 | child may be an eligible child if: | ||||||
30 | (1) the district determined that no evaluation was | ||||||
31 | necessary or conducted an evaluation and determined that | ||||||
32 | the child was not eligible; and | ||||||
33 | (2) provided written notice to the child's parents of | ||||||
34 | its determination. | ||||||
35 | (d) If a district does not have knowledge that a child is | ||||||
36 | or may be an eligible child prior to taking disciplinary |
| |||||||
| |||||||
1 | measures against the child, the child may be subjected to the | ||||||
2 | same disciplinary measures as those applied to children without | ||||||
3 | disabilities engaging in comparable behavior. | ||||||
4 | (1) When a request is made for an evaluation of a child | ||||||
5 | during the time period when the child is subjected to | ||||||
6 | disciplinary measures, the district shall conduct an | ||||||
7 | evaluation in an expedited manner. | ||||||
8 | (2) The child shall remain in the educational placement | ||||||
9 | determined by school authorities, which may include | ||||||
10 | suspension or expulsion without educational services, | ||||||
11 | until the evaluation is completed. | ||||||
12 | (3) The district shall provide special education and | ||||||
13 | related services after developing an IEP if the child is | ||||||
14 | determined to be eligible for special education and related | ||||||
15 | services. | ||||||
16 | (e) A district shall further be deemed not to have | ||||||
17 | knowledge that a child may be an eligible if: | ||||||
18 | (1) The parent refused or revoked consent for | ||||||
19 | evaluation; or | ||||||
20 | (2) The parent refused or revoked consent for | ||||||
21 | placement.
| ||||||
22 | Section 226.500. Language of Notifications. | ||||||
23 | (a) The notices to individual parents required in this | ||||||
24 | Subpart F shall be: | ||||||
25 | (1) Written in language understandable to the general | ||||||
26 | public; and | ||||||
27 | (2) Provided in the native language of the parent or | ||||||
28 | other mode of communication used by the parent, unless it | ||||||
29 | is clearly not feasible to do so. | ||||||
30 | (b) If the primary language or other mode of communication | ||||||
31 | of the parent is not a written language, the local school | ||||||
32 | district shall ensure that: | ||||||
33 | (1) The notice is translated orally or by other means | ||||||
34 | to the parent in his or her native language or other mode | ||||||
35 | of communication; |
| |||||||
| |||||||
1 | (2) The parent understands the content of the notice; | ||||||
2 | and | ||||||
3 | (3) There is written evidence in the child's record | ||||||
4 | that the requirements of this subsection (b) have been met.
| ||||||
5 | Section 226.540. Consent. | ||||||
6 | (a) A parent shall be considered to have given consent only | ||||||
7 | when: | ||||||
8 | (1) The parent has been fully informed of all | ||||||
9 | information relevant to the activity for which consent is | ||||||
10 | sought, in his or her native language or other mode of | ||||||
11 | communication; | ||||||
12 | (2) The parent understands and agrees in writing to the | ||||||
13 | carrying out of the activity for which his or her consent | ||||||
14 | is sought, and the consent describes that activity and | ||||||
15 | lists the records (if any) that will be released and to | ||||||
16 | whom; and | ||||||
17 | (3) The parent understands that his or her granting of | ||||||
18 | consent is voluntary and may be revoked at any time. | ||||||
19 | (b) A school district may not require parental consent as a | ||||||
20 | condition of any benefit to the parent or the child except for | ||||||
21 | the service or activity for which consent is required. | ||||||
22 | (c) Parental consent shall be obtained before conducting an | ||||||
23 | initial evaluation of a child. Consent for initial evaluation | ||||||
24 | shall not be construed as consent for initial placement. | ||||||
25 | (d) If the parents of a child with a disability refuse | ||||||
26 | consent for initial evaluation or a reevaluation, the district | ||||||
27 | may continue to pursue those evaluations by using the due | ||||||
28 | process procedures or the mediation procedures. Informed | ||||||
29 | parental consent need not be obtained for reevaluation if the | ||||||
30 | district can demonstrate that it has taken reasonable measures | ||||||
31 | to obtain that consent, and the child's parent has failed to | ||||||
32 | respond. | ||||||
33 | (e) Parental consent shall be obtained prior to the initial | ||||||
34 | provision of special education and related services. | ||||||
35 | (f) Parental consent shall be obtained prior to the use of |
| |||||||
| |||||||
1 | the parent's private insurance to pay for services required by | ||||||
2 | a child's IEP. | ||||||
3 | (g) Parental consent shall be obtained for the disclosure | ||||||
4 | of personally identifiable information about a child, | ||||||
5 | consistent with the requirements of the Student Records Act. | ||||||
6 | (h) Parental consent shall be obtained for the use of an | ||||||
7 | IFSP instead of an IEP. | ||||||
8 | (i) A parent may revoke consent for any action by the | ||||||
9 | district or cooperative entity serving his or her child that | ||||||
10 | requires parental consent. If a parent desires to revoke | ||||||
11 | consent, he or she may do so either in writing or orally. If | ||||||
12 | the revocation of consent is communicated orally, the district | ||||||
13 | or cooperative entity shall commit the parent's request to | ||||||
14 | writing and provide a copy of this written summary to the | ||||||
15 | parent within five days. | ||||||
16 | (j) Any revocation of consent is effective immediately, | ||||||
17 | subject to the provisions of subsection (k) of this Section, | ||||||
18 | but is not retroactive, i.e., it does not negate an action that | ||||||
19 | occurred after the consent was given and before it was revoked. | ||||||
20 | For purposes of this subsection (j), a district shall be | ||||||
21 | considered to have given immediate effect to a parent's | ||||||
22 | revocation of consent when it either discontinues the action | ||||||
23 | that is the subject of the revocation prior to its next | ||||||
24 | scheduled occurrence or provides to the parent a written | ||||||
25 | explanation of the timeline for the district's action and the | ||||||
26 | reasons for that timeline. The district or cooperative entity | ||||||
27 | shall ensure that each staff member whose activities are | ||||||
28 | affected by the revocation of consent is promptly informed of | ||||||
29 | the revocation. | ||||||
30 | (k) If a district disagrees with a parent's revocation of | ||||||
31 | consent, the district may request a due process hearing | ||||||
32 | pursuant to Section 226.605 of this Part. | ||||||
33 | (1) If the parent's revocation of consent pertains to | ||||||
34 | an evaluation or re-evaluation of the student, the district | ||||||
35 | shall not proceed with the evaluation or re-evaluation | ||||||
36 | during the pendency of due process. |
| |||||||
| |||||||
1 | (2) If the parent's revocation of consent pertains to a | ||||||
2 | special education placement for the student that is already | ||||||
3 | in effect, the district's request for a due process hearing | ||||||
4 | shall have the effect of staying that placement, provided | ||||||
5 | that the district submits the request in writing to the | ||||||
6 | State Board of Education in keeping with the provisions of | ||||||
7 | Section 226.615 of this Part and within three business days | ||||||
8 | after the parent's revocation occurred.
| ||||||
9 | Section 226.625. Rights of the Parties Related to Hearing. | ||||||
10 | (a) The parties have the right to be represented at their | ||||||
11 | own expense by counsel, or to be represented and assisted by | ||||||
12 | other persons having special knowledge of this Part. | ||||||
13 | (b) The parents may inspect and review all school records | ||||||
14 | pertaining to their child and, subject to the provisions of 23 | ||||||
15 | Ill. Adm. Code 375.50 (Student Records), may obtain copies of | ||||||
16 | any such records at their own expense. | ||||||
17 | (c) The parents shall have access to the district's list of | ||||||
18 | independent evaluators, and may obtain an independent | ||||||
19 | evaluation of their child at their own expense. | ||||||
20 | (1) If the parents believe that acquisition of a | ||||||
21 | completed independent evaluation will require a delay in | ||||||
22 | convening the hearing, the parents shall request such a | ||||||
23 | delay as provided in Section 226.640(c) of this Part. | ||||||
24 | (2) The parents may ask the hearing officer to | ||||||
25 | determine whether an independent evaluation is needed. If | ||||||
26 | the hearing officer concludes, after reviewing the | ||||||
27 | available information, that an independent evaluation is | ||||||
28 | necessary to inform the hearing officer concerning the | ||||||
29 | services to which the student may be entitled, it shall be | ||||||
30 | so ordered and provided at the school district's expense. | ||||||
31 | The hearing officer shall delay the hearing as provided for | ||||||
32 | in Section 226.640(c) of this Part. | ||||||
33 | (3) This subsection (c) shall not apply to expedited | ||||||
34 | hearings conducted pursuant to Section 226.655 of this | ||||||
35 | Part. |
| |||||||
| |||||||
1 | (d) Either party to a hearing, other than an expedited | ||||||
2 | hearing conducted pursuant to Section 226.655 of this Part, has | ||||||
3 | the right to the disclosure, at least five days prior to the | ||||||
4 | hearing, of any evidence to be introduced. At least five days | ||||||
5 | prior to the hearing, each party shall disclose to all other | ||||||
6 | parties all evaluations completed by that date and | ||||||
7 | recommendations based on the offering party's evaluations that | ||||||
8 | the party intends to use at the hearing. Either party may | ||||||
9 | prohibit the introduction of evidence which was not disclosed | ||||||
10 | to that party at least five days prior to the hearing. | ||||||
11 | Disclosure of evidence with respect to an expedited hearing | ||||||
12 | shall conform to the requirements of Section 14-8.02b of the | ||||||
13 | School Code [105 ILCS 5/14-8.02b]. | ||||||
14 | (e) Either party may compel the attendance of any school | ||||||
15 | district employee at the hearing, or any other person who may | ||||||
16 | have information relevant to the needs, the abilities, the | ||||||
17 | proposed program, or the status of the student. At the request | ||||||
18 | of either party, the hearing officer shall authorize the | ||||||
19 | issuance of subpoenas to compel the testimony of witnesses or | ||||||
20 | the production of documents relevant to the case at issue. If | ||||||
21 | any person refuses to comply with a subpoena issued under this | ||||||
22 | Section, court action may be sought as provided in Section | ||||||
23 | 14-8.02a(g) of the School Code [105 ILCS 5/14-8.02a(g)]. | ||||||
24 | (f) Pursuant to 34 CFR 300.509(c)(1)(i), the parent has the | ||||||
25 | right to have the child who is the subject of the hearing | ||||||
26 | present at the hearing. | ||||||
27 | (g) Either party, or any other person participating in the | ||||||
28 | hearing, may request that an interpreter be available during | ||||||
29 | the hearing because one of the participants is hearing impaired | ||||||
30 | and/or uses a primary language other than English. Interpreters | ||||||
31 | shall be provided at the school district's expense. | ||||||
32 | (h) The student's educational placement shall not be | ||||||
33 | changed pending completion of the hearing except as provided in | ||||||
34 | Section 14-8.02a(j) of the School Code. | ||||||
35 | (i) The hearing officer shall conduct the hearing in a | ||||||
36 | fair, impartial, and orderly manner. The hearing officer shall |
| |||||||
| |||||||
1 | afford each party an opportunity to present the evidence, | ||||||
2 | testimony, and arguments each party believes necessary to | ||||||
3 | support and/or clarify the issues in dispute and the relief the | ||||||
4 | party is requesting. The hearing officer shall regulate the | ||||||
5 | course of the hearing and the conduct of the parties and their | ||||||
6 | counsel. | ||||||
7 | (j) The hearing shall be closed to the public unless the | ||||||
8 | parents of the child specifically request that it be open. The | ||||||
9 | hearing officer shall advise the parents of their right to have | ||||||
10 | the hearing open to the public. If the parents make such a | ||||||
11 | request, the hearing shall be open. (References to parents in | ||||||
12 | this subsection (j) apply to the student if Section 226.690 of | ||||||
13 | this Part applies.) | ||||||
14 | (k) The parties shall have the right to confront and | ||||||
15 | cross-examine witnesses.
| ||||||
16 | Section 226.800. Personnel Required to be Qualified. | ||||||
17 | (a) General. | ||||||
18 | (1) Each school district, or the cooperative entity of | ||||||
19 | which it is a member, shall employ sufficient professional | ||||||
20 | and noncertified personnel to deliver and supervise the | ||||||
21 | full continuum of special education and related services | ||||||
22 | needed by the eligible students who reside in the district. | ||||||
23 | The number and types of personnel employed shall be based | ||||||
24 | on students' need rather than administrative convenience. | ||||||
25 | (2) Each district or cooperative entity shall | ||||||
26 | periodically submit to the State Board of Education, on | ||||||
27 | forms supplied by the State Board, the roster of the | ||||||
28 | individuals who will be or are providing special education | ||||||
29 | or related services. The State Board may request any | ||||||
30 | additional documentation needed in order to verify that | ||||||
31 | each individual holds the qualifications that are required | ||||||
32 | for his or her assignments. | ||||||
33 | (3) Reimbursement for personnel expenditures shall be | ||||||
34 | made by the State Board only with respect to individuals | ||||||
35 | who are qualified pursuant to this Section or pursuant to |
| |||||||
| |||||||
1 | Section 226.810 or 226.820 of this Part. | ||||||
2 | (4) Each district or cooperative entity shall develop | ||||||
3 | and implement a comprehensive personnel development | ||||||
4 | program for all personnel involved with the education of | ||||||
5 | children with disabilities. | ||||||
6 | (b) Professional Instructional Personnel | ||||||
7 | Each individual employed in a professional instructional | ||||||
8 | capacity shall hold either: | ||||||
9 | (1) a valid special certificate and the qualifications | ||||||
10 | required for the teaching area pursuant to 23 Ill. Adm. | ||||||
11 | Code 25.40 and 25.43; or | ||||||
12 | (2) another valid teaching certificate and approval | ||||||
13 | issued by the State Board of Education specific to the area | ||||||
14 | of responsibility (see Section 226.810 of this Part). | ||||||
15 | (c) An individual assigned as a vocational coordinator | ||||||
16 | shall be required to hold approval for this position, which | ||||||
17 | shall be granted provided that the individual submits an | ||||||
18 | application demonstrating that he or she: | ||||||
19 | (1) has two years' teaching experience; | ||||||
20 | (2) holds either a special preschool - age 21 | ||||||
21 | certificate or a high school certificate; and | ||||||
22 | (3) has completed at least 16 semester hours of college | ||||||
23 | coursework, which shall at least include each of the areas | ||||||
24 | identified in subsections (c)(3)(A) through (D) and may | ||||||
25 | include one or more of the areas identified in subsections | ||||||
26 | (c)(3)(E) through (I) of this Section: | ||||||
27 | (A) Survey of the exceptional child; | ||||||
28 | (B) Characteristics of the mentally retarded | ||||||
29 | student; | ||||||
30 | (C) Characteristics of the socially and/or | ||||||
31 | emotionally maladjusted student; | ||||||
32 | (D) Vocational programming for students with | ||||||
33 | disabilities; | ||||||
34 | (E) Characteristics of other exceptionalities; | ||||||
35 | (F) Methods course in special education; | ||||||
36 | (G) Guidance and counseling; |
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1 | (H) Educational and psychological diagnosis; | ||||||
2 | (I) Vocational and technical education. | ||||||
3 | (d) An individual assigned as a teacher coordinator shall | ||||||
4 | be required to hold approval for this position, which shall be | ||||||
5 | granted provided that the individual submits an application | ||||||
6 | demonstrating that he or she: | ||||||
7 | (1) holds either a special preschool - age 21 | ||||||
8 | certificate endorsed for the disability area of assignment | ||||||
9 | or a high school certificate with special education | ||||||
10 | approval in the applicable disability area issued pursuant | ||||||
11 | to Section 226.810 of this Part; | ||||||
12 | (2) has completed a course in vocational programming | ||||||
13 | for students with disabilities; and | ||||||
14 | (3) has at least one year's work experience outside the | ||||||
15 | field of education or has completed at least one course in | ||||||
16 | either guidance and counseling or vocational and technical | ||||||
17 | education. | ||||||
18 | (e) An individual assigned as a business manager's | ||||||
19 | assistant shall hold an administrative certificate endorsed | ||||||
20 | for chief school business official pursuant to 23 Ill. Adm. | ||||||
21 | Code 25.344. | ||||||
22 | (f) Qualified Bilingual Specialists | ||||||
23 | Professional staff otherwise qualified pursuant to this | ||||||
24 | Section shall be considered "qualified bilingual specialists" | ||||||
25 | if they meet the applicable requirements set forth in this | ||||||
26 | subsection (f). | ||||||
27 | (1) A holder of a special certificate endorsed in the | ||||||
28 | area of responsibility pursuant to 23 Ill. Adm. Code 25.40 | ||||||
29 | or 25.43 shall successfully complete a language | ||||||
30 | examination in the non-English language of instruction and | ||||||
31 | shall have completed coursework covering: | ||||||
32 | (A) Psychological/educational assessment of | ||||||
33 | students with disabilities who have limited English | ||||||
34 | proficiency; | ||||||
35 | (B) Theoretical foundations of bilingual education | ||||||
36 | and English as a second language, including the study |
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1 | of first and second language acquisition; and | ||||||
2 | (C) Methods and materials for teaching students of | ||||||
3 | limited English proficiency or students with | ||||||
4 | disabilities who have limited English proficiency. | ||||||
5 | (2) A holder of an early childhood, elementary, or high | ||||||
6 | school certificate who also holds special education | ||||||
7 | approval in the area of responsibility (see Section 226.810 | ||||||
8 | of this Part) shall successfully complete a language | ||||||
9 | examination in the non-English language of instruction and | ||||||
10 | shall have completed the coursework listed in subsections | ||||||
11 | (f)(1)(A), (B), and (C) of this Section. | ||||||
12 | (3) A holder of an early childhood, elementary, or high | ||||||
13 | school certificate who also holds approval to teach | ||||||
14 | bilingual education or English as a second language shall | ||||||
15 | have completed coursework covering: | ||||||
16 | (A) Methods for teaching in the special education | ||||||
17 | area of assignment; | ||||||
18 | (B) Psychological/educational assessment of | ||||||
19 | students with disabilities who have limited English | ||||||
20 | proficiency, or psychological diagnosis for children | ||||||
21 | with all types of disabilities; and | ||||||
22 | (C) Characteristics of students, or | ||||||
23 | characteristics of students with limited English | ||||||
24 | proficiency specifically, in the special education | ||||||
25 | area of assignment. | ||||||
26 | (4) A holder of a transitional bilingual certificate | ||||||
27 | issued pursuant to 23 Ill. Adm. Code 25.90 and endorsed for | ||||||
28 | the language of assignment shall have completed two years | ||||||
29 | of successful teaching experience and have completed | ||||||
30 | coursework covering: | ||||||
31 | (A) Survey of children with all types of | ||||||
32 | disabilities; | ||||||
33 | (B) Assessment of the bilingual student, or | ||||||
34 | psychological/educational assessment of the student | ||||||
35 | with disabilities who has limited English proficiency; | ||||||
36 | (C) Theoretical foundations of bilingual education |
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1 | and English as a second language, including the study | ||||||
2 | of first and second language acquisition; | ||||||
3 | (D) Methods for teaching in the special education | ||||||
4 | area of assignment; and | ||||||
5 | (E) Characteristics of students, or | ||||||
6 | characteristics of students with limited English | ||||||
7 | proficiency specifically, in the special education | ||||||
8 | area of assignment. | ||||||
9 | (5) A holder of a school service personnel certificate | ||||||
10 | endorsed for guidance, school social work, or school | ||||||
11 | psychology shall successfully complete an examination in | ||||||
12 | the non-English language and shall have completed | ||||||
13 | coursework in assessment of the bilingual student or | ||||||
14 | psychological/educational assessment of the student with | ||||||
15 | disabilities who has limited English proficiency. | ||||||
16 | (g) Directors and Assistant Directors of Special Education | ||||||
17 | Each school district, or the cooperative entity of which it | ||||||
18 | is a member, shall employ a director of special education, who | ||||||
19 | shall be the chief administrative officer of the special | ||||||
20 | education programs and services of the district or cooperative | ||||||
21 | entity. The provisions of subsections (g)(1) and (2) of this | ||||||
22 | Section shall apply through June 30, 2005. Beginning July 1, | ||||||
23 | 2005, directors and assistant directors of special education | ||||||
24 | shall be subject to the requirements of 23 Ill. Adm. Code | ||||||
25 | 29.140 and 29.150. | ||||||
26 | (1) Each director or assistant director of special | ||||||
27 | education shall hold a valid administrative certificate | ||||||
28 | issued pursuant to 23 Ill. Adm. Code 25.315 and a master's | ||||||
29 | degree, including 30 semester hours of coursework | ||||||
30 | distributed among all the following areas: | ||||||
31 | (A) Survey of exceptional children; | ||||||
32 | (B) Special methods courses (3 areas of | ||||||
33 | exceptionality); | ||||||
34 | (C) Educational and psychological diagnosis and | ||||||
35 | remedial techniques; | ||||||
36 | (D) Guidance and counseling; and |
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| |||||||
1 | (E) Supervision of programs for exceptional | ||||||
2 | children. | ||||||
3 | (2) Each individual who will function as a director or | ||||||
4 | assistant director of special education shall submit an | ||||||
5 | application for special education administrative approval | ||||||
6 | on a form supplied by the State Board of Education. | ||||||
7 | (3) Each school district, or the cooperative entity of | ||||||
8 | which it is a member, shall submit to the State Board of | ||||||
9 | Education a letter identifying the individual employed as | ||||||
10 | the director of special education. If the individual is | ||||||
11 | qualified as required, the State Board shall confirm that | ||||||
12 | the individual is the State-approved director of special | ||||||
13 | education for the district or cooperative entity. | ||||||
14 | (h) Supervisors. | ||||||
15 | (1) Each district or cooperative entity shall employ | ||||||
16 | sufficient supervisory personnel to provide consultation | ||||||
17 | to and coordination of special education services. | ||||||
18 | (2) Each individual performing a supervisory function | ||||||
19 | shall hold a master's degree, including at least 15 | ||||||
20 | semester hours of coursework distributed among all the | ||||||
21 | following areas: | ||||||
22 | (A) Survey of exceptional children; | ||||||
23 | (B) Characteristics courses in the areas to be | ||||||
24 | supervised; | ||||||
25 | (C) Methods courses in the areas to be supervised; | ||||||
26 | (D) Educational and psychological diagnosis and | ||||||
27 | remedial techniques; and | ||||||
28 | (E) Supervision of programs for exceptional | ||||||
29 | children. | ||||||
30 | (3) Each individual performing a supervisory function | ||||||
31 | shall also hold either: | ||||||
32 | (A) a valid special certificate in the area to be | ||||||
33 | supervised, endorsed for supervision pursuant to 23 | ||||||
34 | Ill. Adm. Code 25.322, with two years' teaching | ||||||
35 | experience in that area; or | ||||||
36 | (B) a valid school service personnel certificate |
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| |||||||
1 | endorsed for supervision and two years' experience in | ||||||
2 | the area to be supervised; or | ||||||
3 | (C) a valid administrative certificate and either | ||||||
4 | a valid special certificate endorsed for the area to be | ||||||
5 | supervised or special education approval in that area. | ||||||
6 | (i) Chief Administrator of Special School | ||||||
7 | The chief administrator of a special school shall hold an | ||||||
8 | administrative certificate with a general administrative | ||||||
9 | endorsement issued pursuant to 23 Ill. Adm. Code 25.344 and | ||||||
10 | either: | ||||||
11 | (1) the qualifications required under 23 Ill. Adm. Code | ||||||
12 | 25.43 in at least one disability area served by the school; | ||||||
13 | or | ||||||
14 | (2) approval issued by the State Board of Education | ||||||
15 | pursuant to Section 226.810 of this Part for at least one | ||||||
16 | disability area served by the school. | ||||||
17 | (j) Other Professional Personnel | ||||||
18 | Each individual employed in a professional capacity not | ||||||
19 | specified in subsections (a) through (i) of this Section shall, | ||||||
20 | as appropriate to his or her assignment, hold: | ||||||
21 | (1) the school service personnel certificate endorsed | ||||||
22 | as appropriate to the area of responsibility (see 23 Ill. | ||||||
23 | Adm. Code 25, Subpart D); or | ||||||
24 | (2) a valid license or permission to practice, if the | ||||||
25 | individual's profession is governed by such a requirement | ||||||
26 | and either no educational credential in the same or a | ||||||
27 | related field is issued by the State Board of Education | ||||||
28 | (e.g., for a physical therapist) or the School Code permits | ||||||
29 | the individual to perform the functions assigned; or | ||||||
30 | (3) a credential, regardless of title, issued by a | ||||||
31 | professional association or organization in the relevant | ||||||
32 | field, when no educational credential in the same or a | ||||||
33 | related field is issued by the State Board of Education and | ||||||
34 | no license or permission to practice is required by the | ||||||
35 | State (e.g., for a music therapist or a daily living skills | ||||||
36 | specialist). |
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| |||||||
1 | (k) Noncertified Personnel. | ||||||
2 | (1) Each noncertified professional individual employed | ||||||
3 | in a special education class, program, or service, and each | ||||||
4 | individual providing assistance at a work site, shall | ||||||
5 | function under the general direction of a professional | ||||||
6 | staff member. | ||||||
7 | (2) Each program assistant/aide, as well as each | ||||||
8 | nonemployee providing any service in the context of special | ||||||
9 | education, shall function under the direct supervision of a | ||||||
10 | professional staff member. | ||||||
11 | (3) Each district shall provide training experiences | ||||||
12 | appropriate to the nature of their responsibilities to the | ||||||
13 | individuals discussed in subsections (k)(1) and (2) of this | ||||||
14 | Section. Training shall be in lieu of the requirements for | ||||||
15 | noncertified personnel set forth in 23 Ill. Adm. Code 1, | ||||||
16 | Subpart G.
| ||||||
17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2005.
|