HB6642 93RD GENERAL ASSEMBLY

LRB093 20069 NHT 47355 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6642

Introduced 02/09/04, by Ruth Munson

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-170 new

Amends the Illinois Administrative Procedure Act. Provides that certain rules of the Illinois State Board of Education (ISBE) concerning special education are changed by operation of law. Provides that ISBE may amend the rules only by general rulemaking under the Act. Effective January 1, 2005.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-170 as follows:

(5 ILCS 100/5-170 new)

Sec. 5-170. Illinois State Board of Education special education rules. Notwithstanding any other provision of this Act or any other law to the contrary, the following special education rules of the Illinois State Board of Education (ISBE) in Part 226 of Title 23 of the Illinois Administrative Code are amended to read as follows by operation of law. These rules, as set forth in this Section, take effect on the effective date of this amendatory Act of the 93rd General Assembly and may be amended by ISBE only by general rulemaking as provided in Section 5-40 of this Act.

Section 226.50. Requirements for a Free Appropriate Public Education (FAPE). Each local school district shall ensure that a free appropriate public education (FAPE) is available to each child with a disability who is between the ages of 3 and 21, resides in the State and is enrolled in the district, and requires special education and related services to address the adverse effect of the disability on his or her education. The special education and related services must be provided according to the child's individualized education program (IEP) at no cost to the parent and in accordance with this Part. As public schools, charter schools are also bound by these requirements, and children with disabilities who attend public charter schools and their parents retain all rights under this Part.

(a) As part of this obligation, each local district shall develop and implement procedures for creating public awareness of special education and related services and for advising the public of the rights of children with disabilities.

(1) All such procedures shall ensure that information is made available in each of the major languages represented in the local school district and in language that will be understandable to parents, regardless of ethnic or cultural background or hearing or visual abilities.

(2) Procedures developed by a district pursuant to this Section shall include, but need not be limited to:

(A) Annual notification to all parents in the district regarding the special education services available in or through that district and of their right to receive a copy of this Part upon request; and

(B) An annual dissemination of information to the community served by the school district regarding the special education services available in or through the district and the rights of children with disabilities.

(3) Documentation, including examples as appropriate, of the school district's efforts pursuant to this Section shall be maintained in the district's files.

(b) As part of this obligation, each local school district shall comply with the requirements for identifying, locating, and evaluating all children with disabilities set forth in Section 226.100 of this Part.

(c) A local school district is obligated to make FAPE available to each eligible child no later than the child's third birthday. (See Sections 226.110(d) and 226.260 of this Part.)

(d) The special education services and placement that constitute FAPE for a particular child shall be identified based on the child's unique needs and not on the child's disability. These services shall address all of the child's identified needs for special education and related services.

(e) The district shall provide nonacademic and extracurricular services and activities in a manner necessary to afford children with disabilities an equal opportunity to participate in those services and activities.

(f) The local school district shall ensure that no delay occurs in implementing a child's IEP, including any case in which the source of payment or provision of services to the child is being determined.

(g) No eligible child from three through 21 years of age may be permanently excluded from the public schools, either by direct action by the board of education, by indication of the district's inability to provide an educational program, or by informal agreement between the parents and the school district to allow the child to remain without an educational program.

(1) A public agency need not provide services during periods of removal to a child with a disability who has been removed from his or her current placement for ten school days or fewer in that school year, if services are not provided to a child without disabilities who has been similarly removed. An eligible child who has been suspended or expelled from school for more than ten school days during the school year must continue to receive services necessary to enable the child to appropriately progress in the general curriculum and appropriately advance toward achieving the goals set out in the child's IEP.

(2) In providing FAPE to children with disabilities who have been suspended or expelled from school, a school district shall meet the requirements set forth in Subpart E of this Part.

(h) Transfer Students

(1) If a child who is receiving special education from a local school district transfers to another district, the new district is responsible for ensuring FAPE by providing special education and related services in conformity with an IEP. When a transfer student is presented for enrollment, the district shall enroll and initiate educational services to the student immediately. The new school district shall ensure that the child has an IEP in effect.

(A) The district may adopt the IEP that the former local school district developed for the child. Such adoption does not require an IEP meeting if:

(i) a copy of the child's current IEP is available;

(ii) the parents indicate satisfaction with the current IEP; and

(iii) the new district determines that the current IEP is appropriate and can be implemented as written.

(B) A district that cannot fully implement an IEP from a student's former district shall note in the IEP the services to be provided and shall explain what is being done to secure the remaining services, resources, or other unfulfilled portions of the IEP and how long those actions are expected to take.

(C) The district may develop a new IEP for the child if the school district or the parents do not believe the current IEP is appropriate. In such a case, the district shall, within ten days after the date of the child's enrollment, initiate an IEP meeting for the purpose of developing the new IEP. While the new IEP is under development, the district shall implement the IEP from the former district.

(2) If the new school district does not receive a copy of the child's current IEP or a verbal confirmation of the requirements of that IEP from the previous school district when the child is presented for enrollment, the child shall be enrolled and served in the setting that the receiving district believes will meet the child's needs until a copy of the current IEP is obtained or a new IEP is developed by the new school district.

(A) In no case shall a child be allowed to remain without services during this interim.

(B) The new district shall request the student's records from the sending district or school by the end of the next business day after the date of enrollment.

(C) No later than ten days after expiration of the time allotted under Section 2-3.13a of the School Code (105 ILCS 5/2-3.13a) for the sending district or school to forward the child's records, the new district shall initiate an IEP meeting for the purpose of developing a new IEP, unless the sending district's or school's IEP arrives before this time elapses and the conditions set forth in subsection (h)(1)(A) of this Section apply.

(i) Jurisdictional Disputes

Each school district is responsible for ensuring that no eligible child for whom services are sought is denied FAPE due to jurisdictional disputes among Illinois agencies. Provision of FAPE to such a student shall not preclude a district from seeking repayment for costs incurred from any other school district or entity that is determined responsible for such costs.

(j) Nothing in this Part relieves any participating agency of the responsibility for providing or paying for any services the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

(k) Eligibility; Graduation or Completion of Program

(1) An eligible student who requires continued public school educational experience to facilitate his or her integration into society shall be eligible for such services through age 21.

(2) Students who reach age 21 during a school year shall be allowed to complete that year.

(3) The provision of FAPE is not required with respect to a student with a disability who has graduated with a regular high school diploma or its equivalent.

(4) A student with a disability who has satisfactorily completed a secondary program shall be granted a regular high school diploma. Prior to a student's anticipated graduation, both the parent and the student shall receive written notification in conformance with the requirements of Section 226.520(b) of this Part that eligibility for public school special education services ends following the granting of a diploma and that the parent (or the student, if Section 226.690 of this Part applies) may request a review of the recommendation for graduation.

(5) Students who have graduated but have not been awarded regular high school diplomas continue to be eligible to receive FAPE through age 21.

(l) Exception for Certain Students Incarcerated as Adults Pursuant to 34 CFR 300.311, the right to receive FAPE does not extend to students from 18 through 21 years of age who are incarcerated and who were not identified as eligible and did not have IEPs in their educational placements immediately prior to incarceration.

Section 226.75. Definitions.

Assistive Technology Device: Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability.

Behavioral Intervention: An intervention based on the methods and empirical findings of behavioral science and designed to influence a child's actions or behaviors positively.

Case Study Evaluation: See "Evaluation"

Cultural Identification: Identifying the family's general cultural factors, such as ethnicity and language spoken, that may have an impact on the design of the case study evaluation procedures used.

Date of Referral: The date on which written parental consent to complete an evaluation is obtained or provided.

Day: A calendar day, unless otherwise indicated as "business day" or "school day".

Business Day: Monday through Friday, except for federal and State holidays (unless holidays are specifically included in the designation of business days, as at 34 CFR 300.403(d)(1)(ii)).

School Day: Any day including a partial day, during the regular school year that students are in attendance at school for instructional purposes.

Developmental Delay: Delay in physical development, cognitive development, communication development, social or emotional development, or adaptive development (may include children from three through nine years of age).

Disability: Any of the following specific conditions.

Autism: A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child's educational performance. (A child who manifests the characteristics of autism after age 3 could be diagnosed as having autism if the other criteria of this Section are satisfied.) Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance.

Deaf-Blindness: Concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

Deafness: A hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

Emotional Disturbance (includes schizophrenia, but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance): A condition exhibiting one or more of the following characteristics over an extended period of time and to a marked degree that adversely affects a child's educational performance:

An inability to learn that cannot be explained by intellectual, sensory, or health factors;

An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

Inappropriate types of behavior or feelings under normal circumstances;

A general pervasive mood of anxiety or unhappiness or depression; or

A tendency to develop physical symptoms or fears associated with personal or school problems.

Hearing Impairment: An impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness.

Mental Retardation: Significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance.

Multiple Disabilities: Concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments (does not include deaf-blindness).

Orthopedic Impairment: A severe orthopedic impairment that adversely affects a child's educational performance; includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

Other Health Impairment: Limited strength, vitality or alertness, including a heightened sensitivity to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

is due to chronic or acute health problems, such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia; and

adversely affects a child's educational performance.

Specific Learning Disability: A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.) [105 ILCS 5/14-1.03(a)]

Speech or Language Impairment: A communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance.

Traumatic Brain Injury: An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative or to brain injuries induced by birth trauma.

Visual Impairment: An impairment in vision that, even with correction, adversely affects a child's educational performance (includes both partial sight and blindness).

Domain: All areas of suspected disability that must be considered in the course of designing an evaluation. The domains are health, vision, hearing, social and emotional status, general intelligence, academic performance, communication status, and motor abilities.

Eligible: Identified in accordance with this Part as having any of the disabilities defined in this Section and needing special education and related services.

Equipment (a programmatic definition, not intended to coincide with the definition of "equipment" given in the Program Accounting Manual at 23 Ill. Adm. Code 110.120):

Machinery, utilities, and built-in equipment and any necessary enclosures or structures to house the machinery, utilities, or equipment; and

All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.

Evaluation: A series of procedures designed to provide information about a child's suspected disability; the nature and extent of the problems that are or will be adversely affecting his/her educational development; and the type of intervention and assistance needed to alleviate these problems.

Extended School Year Services: Special education and related services that are provided to a child with a disability beyond the normal school year of the public agency in accordance with the child's IEP and at no cost to the parents of the child and meet the requirements of Section 226.750(c) of this Part.

Functional Behavioral Assessment: An assessment process for gathering information regarding the target behavior, its antecedents and consequences, the student's strengths, and the communicative and functional intent of the behavior, for use in developing behavioral interventions.

General Curriculum: The curriculum adopted and/or used by a local school district or by the schools within a district for nondisabled students; the content of the program, as opposed to the setting in which it is offered.

IEP Team: The group of individuals enumerated in Section 226.210 of this Part, except that in three instances the team shall be expanded to include any other qualified professionals whose expertise is necessary to administer and interpret evaluation data and make an informed determination as to whether the child needs special education and related services (i.e., when identifying the specific assessments required in order to evaluate a child's individual needs; when determining whether the child is eligible pursuant to this Part; and when conducting a Manifestation Determination Review).

Independent Educational Evaluation: An evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child in question. (See Section 226.180 of this Part.)

Individualized Education Program (IEP): A written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with Subpart C of this Part.

Individualized Family Service Plan (IFSP): A written plan for providing the early intervention services to a child eligible under 34 CFR 303 and the child's family.

Interim Plan: A portion of an IEP that identifies the services that will be provided as a temporary measure, either when the child's complete IEP cannot be implemented or when the parents and the district have only agreed to a portion of the services that will be needed, and that sets out the specific conditions and timelines to which both the parents and the district have agreed.

Least Restrictive Environment (LRE): The setting that permits a child to be educated with nondisabled children to the maximum extent appropriate. (See Section 226.240(c) of this Part.)

Parent: A natural or adoptive parent of a child; a guardian but not the State if the child is a ward of the State; a person acting in the place of a parent of a child (such as a grandparent or stepparent with whom a child lives); a person who is legally responsible for a child's welfare, or a surrogate parent who has been appointed in accordance with Section 226.550 of this Part. A foster parent is a "parent" when the natural parent's authority to make educational decisions on the child's behalf has been extinguished under State law and the foster parent has an ongoing, long-term parental relationship with the child, is willing to make the educational decisions required of parents under IDEA, and has no interest that would conflict with the interests of the child.

Participating Agency: A State or local agency, other than the local school district, that is or may be legally responsible for providing or funding services to a student who is eligible under this Part.

Personally Identifiable (with reference to information): Including the name of the child, the child's parent, or other family member; the address of the child; a personal identifier, such as the child's Social Security number or student number; or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

Qualified Personnel: Staff members or other individuals who hold the certificate, license, registration, or credential that is required for the performance of a particular task.

Qualified Bilingual Specialist: An individual who holds the qualifications described in Section 226.800(f) of this Part.

Qualified Specialist: An individual who holds the applicable qualifications described in Subpart I of this Part.

Referral: A formal procedure established by a school district which involves a request for a case study evaluation.

Related Services: Transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, including speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation (including therapeutic recreation), early identification and assessment of disabilities in children, counseling services (including rehabilitation counseling), orientation and mobility services, and medical services for diagnostic or evaluation purposes; also including school health services, social work services in schools, and parent counseling and training. (See Section 226.310 of this Part.) Related services do not include those performed by licensed physicians or dentists (except for diagnostic or evaluative services or consultation to staff), registered or licensed practical nurses (except when functioning as school nurses), or other medical personnel involved in the provision of ongoing medical care.

Special Education: Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals, in institutions, and in other settings, and including instruction in physical education.

Special School: An educational setting which is established by the local school district exclusively to meet the needs of eligible children.

Student Record: See Section 2 of the Illinois School Student Records Act [105 ILCS 10/2].

Supplementary Aids and Services: Aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate.

Transition Services: A coordinated set of activities for a student with a disability that:

Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

Is based on the individual student's needs, taking into account the student's preferences and interests; and

Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.

Section 226.110. Referral. When there is reason to believe that a child may have a disability requiring special education and related services, the child shall be referred for a special education case study evaluation.

(a) Referral Procedures

Each school district shall develop and make known to all concerned persons procedures by which a case study evaluation may be requested. These procedures shall:

(1) Designate the steps to be taken in making a referral;

(2) Designate the person(s) to whom a referral may be made;

(3) Identify the information which must be provided;

(4) Provide any assistance that may be necessary to enable persons making referrals to meet any related requirements established by the district;

(5) Identify the process for providing the parents with notice of their rights with respect to procedural safeguards.

(b) A referral may be made by any concerned person, including but not limited to school district personnel, the parent(s) of a child, an employee of a community service agency, another professional having knowledge of a child's problems, a child, or an employee of the State Board of Education.

(c) District Response to Referral

(1) The school district shall be responsible for processing the referral, deciding what action should be taken, and initiating the necessary procedures.

(2) To determine whether the referred child requires a case study evaluation, the district may utilize screening data and conduct preliminary procedures such as observation of the child, assessment for instructional purposes, consultation with the teacher or other referring agent, and a conference with the child.

(3) The district shall determine whether or not to conduct a case study evaluation and notify the parent of the decision and the basis on which it was reached.

(d) If the district decides to conduct an evaluation, parental consent must be obtained.

(1) Pursuant to Section 14-8.02 of the School Code [105 ILCS 5/14-8.02], the case study evaluation and IEP meeting shall be completed within 60 school days after the date of referral or the date of the parent's application for admittance of the child to the public school.

(2) The IEP meeting shall be conducted within 30 days after the child is determined eligible. The overall limit specified in subsection (d)(1) of this Section still applies.

(3) When a child is referred for evaluation with fewer than 60 days of pupil attendance left in the school year, the eligibility determination shall be made and, if the child is eligible, an IEP shall be in effect prior to the first day of the next school year.

(e) If the parent refuses consent for initial evaluation, the district may continue to pursue the evaluation by using the mediation or due process procedures described in Section 226.560 and Subpart G of this Part.

(f) If the district decides not to conduct an evaluation:

(1) The referring party shall be provided written notice of the district's decision not to conduct an evaluation and, subject to the requirements of the Illinois School Student Records Act [105 ILCS 10] and 23 Ill. Adm. Code 375 (Student Records), the reasons for that decision; and

(2) The parent shall be provided written notice of:

(A) The date of the referral and the reasons for which the case study evaluation was requested; and

(B) The reasons for which the district decided not to conduct a case study evaluation.

(g) If a district refuses or fails to conduct an evaluation, the parent of the child in question (or the student, if Section 226.690 of this Part applies) may appeal such refusal or failure in an impartial due process hearing.

Section 226.180. Independent Educational Evaluation. Parents have the right to obtain an independent educational evaluation of their child, subject to the provisions of this Section.

(a) (Blank).

(b) If the parents disagree with the district's evaluation and wish to obtain an independent educational evaluation at public expense, they shall submit to the local school district superintendent a written request to that effect.

(c) If the district disagrees with the need for an independent educational evaluation, it shall initiate a due process hearing to demonstrate that its evaluation is appropriate. Such a hearing must be initiated by the local school district within five days following receipt of a written parental request for an independent educational evaluation.

(d) An independent educational evaluation at public expense must be completed within 30 days after receipt of a parent's written request, unless the school district initiates a due process hearing or the parties agree that the 30-day period should be extended. If either party wishes such an extension and is unable to obtain the other party's agreement, the district shall initiate a due process hearing within ten school days after the date on which the extension was proposed.

(e) If the final decision of the hearing and review process is that the school district's evaluation is appropriate, the parents shall have the right to an independent educational evaluation, but not at public expense.

(f) If the school district's evaluation is shown to be inappropriate, the district shall pay for the independent educational evaluation or reimburse the parents for the cost of the evaluation.

(g) If the parent is entitled to an independent educational evaluation at public expense, it shall be completed within 30 days after the decision is rendered, unless the parties agree that the 30-day period should be extended. If either party wishes such an extension and is unable to obtain the other party's agreement, the school district shall initiate a due process hearing within ten school days after the date on which the extension was proposed.

(h) When an independent evaluation is obtained at public expense, the party chosen to perform the evaluation shall be either:

(1) an individual whose name is included on the list provided by the State Board of Education with regard to the relevant type(s) of evaluation; or

(2) another individual possessing the credentials required by Section 226.840 of this Part.

(i) If the parent wishes an evaluator to have specific credentials in addition to those required by Section 226.840 of this Part, the parent(s) and the school district shall agree on the qualifications of the examiner and the specific evaluation(s) to be completed prior to the initiation of an independent educational evaluation at public expense. If agreement cannot be reached, the school district shall initiate a due process hearing subject to the time constraints set forth in this Section, as applicable.

(j) The conditions under which an independent evaluation is obtained at public expense, including the location of the evaluation and the qualifications of the examiner, shall meet the criteria that the public agency uses when it initiates an evaluation, to the extent that those criteria are consistent with the parent's right to an independent evaluation. Although the district may ask the parent to specify the areas of disagreement with the local school district's evaluation, the district may not impose any additional conditions or timelines related to obtaining an independent educational evaluation at public expense (such as requiring the parent to specify the areas of disagreement).

(k) If the parent obtains an independent educational evaluation, the written result of that evaluation shall be considered by the IEP Team. The district shall send the notice convening the IEP Team's meeting within ten days after receiving the evaluation report or after the parent requests a meeting to consider the results of an independent evaluation.

(1) The district shall consider the results in any decision made with respect to the provision of a free appropriate public education to the child.

(2) The independent evaluation results may be presented as evidence at a hearing or review regarding the child pursuant to this Part.

Section 226.200 General Requirements.

(a) An IEP shall be in effect before special education and related services are provided to an eligible child.

(b) Any activity undertaken with respect to a child's IEP (such as developing or revising the goals, benchmarks, short-term objectives, services, or placement) shall be conducted by an IEP Team that conforms to the requirements of Section 226.210 of this Part.

(c) Each school district shall have an IEP in effect for each eligible child within its jurisdiction at the beginning of each school year.

(1) When an IEP is developed or revised, notice to the parents shall be provided immediately in accordance with Section 226.520 of this Part, and implementation of the IEP shall occur as soon as possible following the IEP meeting.

(2) A school district shall provide special education and related services to eligible children in accordance with their IEPs. The district and teachers shall make efforts in good faith to assist children in achieving the goals and objectives or benchmarks listed in their IEPs. However, an IEP does not constitute a guarantee by a school district or teachers that a child will progress at a specified rate.

(3) If a participating agency other than the local school district fails to provide transition services required by an IEP, the school district shall convene an IEP meeting to identify alternative strategies for meeting the applicable transition objectives established in the child's IEP.

(d) A child's IEP shall be reviewed at least annually to determine whether the goals for the child are being achieved.

(e) (Blank).

(f) A child's IEP shall be revised if necessary to address:

(1) any lack of expected progress related to the annual goals or the general curriculum, if appropriate;

(2) the child's anticipated needs;

(3) information about the child provided to or by the parents; or

(4) any other relevant matters.

(g) Each district shall have procedures in place for providing to involved staff members the information they need about the results of a child's IEP meeting, including any responsibilities they will have for implementation of the IEP.

Section 226.210. IEP Team. The composition of the IEP Team for a particular child, and the participation of the team members and other individuals in the IEP meeting, shall conform to the requirements of this Section. Nothing in this Section shall be construed as requiring the attendance of any member of an IEP Team for the entire duration of a meeting.

(a) The child's parents shall be members of the IEP Team.

(b) The IEP Team shall include at least one regular education teacher if the child is participating or may participate in the regular education environment.

(1) This should be the teacher who is or may be responsible for implementing a portion of the IEP, so that the teacher can participate in discussions about how best to teach the child. The responsibilities of this teacher shall include assisting in:

(A) the determination of appropriate positive behavioral interventions and strategies for the child; and

(B) the identification of supplementary aids and services, program modifications, and supports for school personnel, consistent with 34 CFR 300.347(a)(3).

(2) If the child does not have a regular teacher but is anticipated to receive at least some instruction in the regular education setting, the team shall include a regular classroom teacher qualified to teach children of that age.

(3) For a child of less than school age, the team shall include an individual qualified to teach preschool children.

(c) The team shall include at least one special education teacher or, if appropriate, at least one special education provider of the child.

(d) If the child has more than one regular or special education teacher, the local school district may designate which teacher(s) will participate.

(e) The IEP Team shall include a representative of the local school district who:

(1) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(2) Is knowledgeable about the general curriculum;

(3) Is knowledgeable about the district's resources; and

(4) Has the authority to make commitments for the provision of services.

(f) The IEP Team may include a qualified bilingual specialist or bilingual teacher, if the presence of such a person is needed to assist the other participants in understanding the child's language and cultural factors as they relate to the child's instructional needs.

(g) In the case of a child whose behavior impedes his or her learning or the learning of others, the team may include a person knowledgeable about positive behavior strategies, who may be one of the individuals enumerated in subsections (b) through (f) and (h) of this Section.

(h) The IEP Team shall include an individual who is qualified to interpret the instructional implications of the evaluation results, who may be one of the individuals enumerated in subsections (b) through (g) of this Section.

(i) In the case of a student for whom transition services must be planned, the district shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. If a public agency invited to send a representative to a meeting does not do so, the district shall document other steps taken to obtain participation of that agency in the planning of any transition services.

(j) Participation of Student

(1) Either the district or the parent may invite the student who is the subject of the IEP meeting to attend.

(2) The district shall invite the student when a purpose of the meeting is to plan for transition services needed by the student. The notice to the student shall conform to the requirements of Section 226.520(b)(8) of this Part. If the student does not attend, the district shall take other steps to ensure that the student's preferences and interests are considered.

(3) The district shall invite the student and the parent when Section 226.690 of this Part applies. The student's absence from the IEP meeting shall be subject to the provisions for parental participation set forth in Section 226.530 of this Part.

(k) At the discretion of the parent (or the student, if applicable) or the district, the IEP Team shall include other individuals with knowledge or special expertise regarding the child, including providers of related services.

Section 226.230. Content of the IEP. Nothing in this Section shall be construed to require the inclusion of information in one section of a child's IEP that is already contained in another section.

(a) Each IEP shall include all the components enumerated in this subsection (a).

(1) A statement of the child's present levels of educational performance, including:

(A) How the child's disability affects the child's involvement and progress in the general curriculum; or

(B) For a preschool child, how the disability affects the child's participation in appropriate activities.

(2) A statement of measurable annual goals that reflect consideration of benchmarks or short-term objectives, related to:

(A) Meeting the child's needs that result from the child's disability, to enable the child to be involved in and progress in the general curriculum or, for preschool children, to participate in activities appropriate to the child's age; and

(B) Meeting each of the child's other educational needs that result from the child's disability.

(3) A description of how the child's progress toward his or her annual goals will be measured and of how the parent(s) will be informed of the child's progress. This description shall include a statement of the child's ability to participate in classroom-based assessments and what accommodations are necessary, if any. If the child is unable to participate even with accommodations, a description of the alternative assessment(s) and/or method(s) to be used shall also be provided.

(A) Parents of children with disabilities shall be informed of their children's progress at least as often as parents of children without disabilities are informed of their children's progress.

(B) The information provided to the parents of a child served pursuant to this Part shall include a description of the child's progress toward his or her annual goals and an indication of the extent to which that progress is sufficient to enable the child to achieve those goals by the time the current IEP will require annual review.

(4) A statement of the child's ability to participate in State and district-wide assessments.

(A) This statement must describe any individual accommodations that are needed in order for the child to participate in a given assessment.

(B) If the IEP Team determines that the child will not participate in a particular assessment of student achievement (or part of an assessment), a statement as to:

(i) Why that assessment is not appropriate for the child; and

(ii) How the child's performance will be assessed, including a description of the alternate assessments to be used.

(5) A statement as to the language(s) or mode(s) of communication in which special education and related services will be provided, if other than or in addition to English.

(6) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular education class and in extracurricular and other nonacademic activities.

(7) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided in order for the child:

(A) To advance appropriately toward attaining the annual goals;

(B) To be involved and progress in the general curriculum and to participate in extracurricular and other nonacademic activities.

(8) The projected beginning date for the services and modifications described in subsection (a)(7) of this Section; the amount, frequency, location, and duration of each of the services and modifications.

(9) A statement as to whether the child requires the provision of services beyond the district's normal school year in order to receive FAPE ("extended school year services").

(10) The placement that the team has determined to be appropriate for the child.

(b) (Blank).

(c) The IEP for a student who has reached the age of 14 shall also include a description of the student's transition service needs under the applicable components of the IEP, with specific reference to the student's courses of study.

(d) The IEP for a student who has reached the age of 14 1/2 shall include goals for employment, postsecondary education, or community living alternatives and a description of transition supports or services, based on the student's needs, including identification of the agency responsible for delivering any needed support or service and, as applicable, any interagency responsibilities or needed linkages.

(e) The IEP for a student who has reached the age of 17 shall include documentation indicating that the student has been informed of the rights under the Individuals with Disabilities Education Act that will transfer to the student when he or she reaches the age of 18.

(f) The IEP of a student who may, after reaching age 18, become eligible to participate in the home-based support services program for mentally disabled adults authorized by the Developmental Disability and Mental Disability Services Act [405 ILCS 80] shall set forth specific plans related to that program that conform to the requirements of Section 14-8.02 of the School Code.

(g) Students Incarcerated as Adults.

(1) The IEP of a student incarcerated as an adult is not required to comply with:

(A) The requirements of subsection (a)(4) of this Section regarding assessment; and

(B) The requirements of subsections (c) and (d) of this Section regarding planning for the transition to adult life and services to assist with that transition, if the student's eligibility for special education will end before he or she will be eligible to be released from prison.

(2) The IEP Team may modify a student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. The requirements of Section 226.240(c) of this Part regarding placement in the least restrictive environment shall not apply in these circumstances.

Section 226.400. Disciplinary Actions.

(a) School personnel may order the removal of an eligible child from his or her current placement for periods of no more than ten consecutive school days each in response to separate incidents of misconduct, as long as such repeated removals do not constitute a pattern based on consideration of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another. In such a case, these removals shall not be considered to constitute a change in placement.

(1) After an eligible child has been removed from his or her placement for ten school days in the same school year, the district shall provide services to the child on any subsequent day(s) of removal.

(2) School personnel, in consultation with the child's special education teacher, shall determine the extent of the services to be provided, which shall be adequate to enable the child to progress appropriately in the general curriculum and advance toward achieving the goals set forth in his or her IEP.

(b) Any removal of a student (i.e., any "suspension") shall be reported immediately to the student's parents, along with a full statement of the reasons for the suspension, a copy of which shall also be given to the school board. The district shall provide the parents notice of their right to request that the district review the suspension decision, as required by Section 10-22.6 of the School Code [105 ILCS 5/10-22.6].

(c) When a district first removes a child for more than ten school days in a school year or initiates a removal that will constitute a change in placement, the district shall, no later than ten business days after the date of such removal, either:

(1) convene an IEP meeting to review and, if necessary, revise the child's existing behavioral intervention plan as appropriate to address the child's behavior; or

(2) if the district has not conducted a functional behavioral assessment and if the child does not have a behavior intervention plan, convene an IEP meeting to develop an assessment plan.

(d) Upon any subsequent removal of a child that does not constitute a change in placement, the members of the IEP Team shall review the child's behavioral intervention plan and its implementation. If any one member of the team believes that the plan needs to be modified, the district shall convene an IEP meeting to review the plan and revise it as the team deems appropriate.

(e) A student may be suspended from using the transportation provided by the school district if his or her behavior warrants such a measure. When suspending transportation privileges results in the student's absence from school on a given day, that day shall be considered a day of suspension or removal, and the requirements of Section 10-22.6 of the School Code shall apply.

(f) School personnel may order a change in placement for an eligible child to an interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, up to a maximum of 45 days, if:

(1) the child carries a weapon, as defined at 34 CFR 300.520, to school or to a school function under the jurisdiction of a state or a local school district; or

(2) the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, both as defined at 34 CFR 300.520, while at school or a school function under the jurisdiction of a state or a local school district.

(g) No later than ten business days after making the decision to place the child in an alternative setting, the district shall convene an IEP meeting as delineated in subsection (c) of this Section.

(h) The interim alternative educational setting in which a child is placed pursuant to subsection (f) of this Section shall be identified by the child's IEP Team.

(1) The setting shall be selected so as to enable the child to continue to progress in the general curriculum.

(2) While the child is served in the interim alternative educational setting, he or she shall continue to receive the services and modifications set forth in the IEP.

(3) The placement shall include services and modifications designed to address the behavior that resulted in the child's being removed from his or her current educational placement and to prevent that behavior from recurring.

(i) Interim alternative educational settings for students who exhibit behavior that is likely to result in injury to themselves or others are subject to the provisions of Section 226.655 of this Part.

(j) No eligible child shall be expelled for behavior that is a manifestation of the child's disability. If a district is considering expelling an eligible student, the district shall:

(1) Conduct a manifestation determination review as described in Section 226.410 of this Part; and

(2) Adhere to the requirement of Section 10-22.6(a) of the School Code regarding meeting with the parent(s).

(k) An expulsion constitutes a change in placement and requires revision of the child's IEP in a manner that conforms to the applicable requirements of Subpart C of this Part. Cessation of services to an eligible child is prohibited during a period of expulsion.

Section 226.410. Manifestation Determination Review. The requirements of this Section shall apply whenever a disciplinary action is contemplated with respect to an eligible child that will constitute a change in placement and that action is being considered because of behavior that violates any rule or code of conduct of the school district that applies to all students.

(a) On the date when the district determines that disciplinary action will be taken, the district shall notify the parents in writing to that effect and shall notify them of the procedural safeguards that apply.

(b) As soon as possible, but in no event more than ten school days after the date on which the district determines that disciplinary action will be taken, the district shall conduct a review of the relationship between the child's disability and the behavior that is subject to the disciplinary action (a "manifestation determination review").

(c) The manifestation determination review shall be conducted by the IEP Team and other qualified personnel in a meeting.

(d) In carrying out a manifestation determination review, the IEP Team and other qualified personnel shall determine whether the child's behavior was a manifestation of his or her disability. In making its determination, the IEP Team shall consider all available relevant information, including:

(1) evaluation and diagnostic results, including information supplied by the child's parent(s);

(2) observations of the child; and

(3) the child's current IEP and placement.

(e) The team may determine that the subject behavior was not a manifestation of the child's disability only if it is determined that:

(1) The child's IEP and placement were appropriate, and special education services, supplementary aids and services, and behavioral intervention strategies were provided consistent with that IEP and that placement.

(2) The child's disability did not impair his or her ability to understand the impact and consequences of the behavior.

(3) The child's disability did not impair his or her ability to control the behavior.

(f) If the child's behavior is determined to have been a manifestation of his or her disability, the district shall immediately initiate steps to remedy any deficiencies identified in the IEP or its implementation, so that such deficiencies may be removed as soon as possible.

(g) If the child's behavior is determined not to have been a manifestation of the disability, the district may apply relevant disciplinary procedures in the same manner as it would with respect to children without disabilities. In such a case, the district shall ensure that the student's special education and disciplinary records are provided for consideration by the person(s) making the final determination regarding the disciplinary action to be taken.

(h) When the application of a disciplinary measure results in a change in placement, services shall be provided to the extent determined necessary by the IEP Team to enable the student to progress in the general curriculum and advance appropriately toward achieving the goals set forth in his or her IEP.

Section 226.430. Protection for Children Not Yet Eligible for Special Education.

(a) A child who has not been determined eligible under this Part and who has engaged in behavior that violated any rule or code of conduct of the local school district may assert any of the protections provided for in this Part if the school district had knowledge that the child might be an eligible child before the occurrence of the behavior that precipitated disciplinary action.

(b) A district shall be deemed to have knowledge that a child may be an eligible child if, prior to the incident:

(1) The parent of the child has expressed concern in writing (or orally, if the parent is illiterate in English or has a disability that prevents a written statement) to personnel of the school district that the child is in need of special education and related services;

(2) The behavior or performance of the child demonstrates the need, or a potential need, for such services;

(3) The parent of the child has requested an evaluation of the child pursuant to Sections 300.530 through 300.536; or

(4) The child's teacher or another school employee has expressed concern in writing about the behavior or performance of the child to the director of special education or to other district personnel, in accordance with the district's child find or referral procedures.

(c) A district shall not be deemed to have knowledge that a child may be an eligible child if:

(1) the district determined that no evaluation was necessary or conducted an evaluation and determined that the child was not eligible; and

(2) provided written notice to the child's parents of its determination.

(d) If a district does not have knowledge that a child is or may be an eligible child prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures as those applied to children without disabilities engaging in comparable behavior.

(1) When a request is made for an evaluation of a child during the time period when the child is subjected to disciplinary measures, the district shall conduct an evaluation in an expedited manner.

(2) The child shall remain in the educational placement determined by school authorities, which may include suspension or expulsion without educational services, until the evaluation is completed.

(3) The district shall provide special education and related services after developing an IEP if the child is determined to be eligible for special education and related services.

(e) A district shall further be deemed not to have knowledge that a child may be an eligible if:

(1) The parent refused or revoked consent for evaluation; or

(2) The parent refused or revoked consent for placement.

Section 226.500. Language of Notifications.

(a) The notices to individual parents required in this Subpart F shall be:

(1) Written in language understandable to the general public; and

(2) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(b) If the primary language or other mode of communication of the parent is not a written language, the local school district shall ensure that:

(1) The notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(2) The parent understands the content of the notice; and

(3) There is written evidence in the child's record that the requirements of this subsection (b) have been met.

Section 226.540. Consent.

(a) A parent shall be considered to have given consent only when:

(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language or other mode of communication;

(2) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

(3) The parent understands that his or her granting of consent is voluntary and may be revoked at any time.

(b) A school district may not require parental consent as a condition of any benefit to the parent or the child except for the service or activity for which consent is required.

(c) Parental consent shall be obtained before conducting an initial evaluation of a child. Consent for initial evaluation shall not be construed as consent for initial placement.

(d) If the parents of a child with a disability refuse consent for initial evaluation or a reevaluation, the district may continue to pursue those evaluations by using the due process procedures or the mediation procedures. Informed parental consent need not be obtained for reevaluation if the district can demonstrate that it has taken reasonable measures to obtain that consent, and the child's parent has failed to respond.

(e) Parental consent shall be obtained prior to the initial provision of special education and related services.

(f) Parental consent shall be obtained prior to the use of the parent's private insurance to pay for services required by a child's IEP.

(g) Parental consent shall be obtained for the disclosure of personally identifiable information about a child, consistent with the requirements of the Student Records Act.

(h) Parental consent shall be obtained for the use of an IFSP instead of an IEP.

(i) A parent may revoke consent for any action by the district or cooperative entity serving his or her child that requires parental consent. If a parent desires to revoke consent, he or she may do so either in writing or orally. If the revocation of consent is communicated orally, the district or cooperative entity shall commit the parent's request to writing and provide a copy of this written summary to the parent within five days.

(j) Any revocation of consent is effective immediately, subject to the provisions of subsection (k) of this Section, but is not retroactive, i.e., it does not negate an action that occurred after the consent was given and before it was revoked. For purposes of this subsection (j), a district shall be considered to have given immediate effect to a parent's revocation of consent when it either discontinues the action that is the subject of the revocation prior to its next scheduled occurrence or provides to the parent a written explanation of the timeline for the district's action and the reasons for that timeline. The district or cooperative entity shall ensure that each staff member whose activities are affected by the revocation of consent is promptly informed of the revocation.

(k) If a district disagrees with a parent's revocation of consent, the district may request a due process hearing pursuant to Section 226.605 of this Part.

(1) If the parent's revocation of consent pertains to an evaluation or re-evaluation of the student, the district shall not proceed with the evaluation or re-evaluation during the pendency of due process.

(2) If the parent's revocation of consent pertains to a special education placement for the student that is already in effect, the district's request for a due process hearing shall have the effect of staying that placement, provided that the district submits the request in writing to the State Board of Education in keeping with the provisions of Section 226.615 of this Part and within three business days after the parent's revocation occurred.

Section 226.625. Rights of the Parties Related to Hearing.

(a) The parties have the right to be represented at their own expense by counsel, or to be represented and assisted by other persons having special knowledge of this Part.

(b) The parents may inspect and review all school records pertaining to their child and, subject to the provisions of 23 Ill. Adm. Code 375.50 (Student Records), may obtain copies of any such records at their own expense.

(c) The parents shall have access to the district's list of independent evaluators, and may obtain an independent evaluation of their child at their own expense.

(1) If the parents believe that acquisition of a completed independent evaluation will require a delay in convening the hearing, the parents shall request such a delay as provided in Section 226.640(c) of this Part.

(2) The parents may ask the hearing officer to determine whether an independent evaluation is needed. If the hearing officer concludes, after reviewing the available information, that an independent evaluation is necessary to inform the hearing officer concerning the services to which the student may be entitled, it shall be so ordered and provided at the school district's expense. The hearing officer shall delay the hearing as provided for in Section 226.640(c) of this Part.

(3) This subsection (c) shall not apply to expedited hearings conducted pursuant to Section 226.655 of this Part.

(d) Either party to a hearing, other than an expedited hearing conducted pursuant to Section 226.655 of this Part, has the right to the disclosure, at least five days prior to the hearing, of any evidence to be introduced. At least five days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. Either party may prohibit the introduction of evidence which was not disclosed to that party at least five days prior to the hearing. Disclosure of evidence with respect to an expedited hearing shall conform to the requirements of Section 14-8.02b of the School Code [105 ILCS 5/14-8.02b].

(e) Either party may compel the attendance of any school district employee at the hearing, or any other person who may have information relevant to the needs, the abilities, the proposed program, or the status of the student. At the request of either party, the hearing officer shall authorize the issuance of subpoenas to compel the testimony of witnesses or the production of documents relevant to the case at issue. If any person refuses to comply with a subpoena issued under this Section, court action may be sought as provided in Section 14-8.02a(g) of the School Code [105 ILCS 5/14-8.02a(g)].

(f) Pursuant to 34 CFR 300.509(c)(1)(i), the parent has the right to have the child who is the subject of the hearing present at the hearing.

(g) Either party, or any other person participating in the hearing, may request that an interpreter be available during the hearing because one of the participants is hearing impaired and/or uses a primary language other than English. Interpreters shall be provided at the school district's expense.

(h) The student's educational placement shall not be changed pending completion of the hearing except as provided in Section 14-8.02a(j) of the School Code.

(i) The hearing officer shall conduct the hearing in a fair, impartial, and orderly manner. The hearing officer shall afford each party an opportunity to present the evidence, testimony, and arguments each party believes necessary to support and/or clarify the issues in dispute and the relief the party is requesting. The hearing officer shall regulate the course of the hearing and the conduct of the parties and their counsel.

(j) The hearing shall be closed to the public unless the parents of the child specifically request that it be open. The hearing officer shall advise the parents of their right to have the hearing open to the public. If the parents make such a request, the hearing shall be open. (References to parents in this subsection (j) apply to the student if Section 226.690 of this Part applies.)

(k) The parties shall have the right to confront and cross-examine witnesses.

Section 226.800. Personnel Required to be Qualified.

(a) General.

(1) Each school district, or the cooperative entity of which it is a member, shall employ sufficient professional and noncertified personnel to deliver and supervise the full continuum of special education and related services needed by the eligible students who reside in the district. The number and types of personnel employed shall be based on students' need rather than administrative convenience.

(2) Each district or cooperative entity shall periodically submit to the State Board of Education, on forms supplied by the State Board, the roster of the individuals who will be or are providing special education or related services. The State Board may request any additional documentation needed in order to verify that each individual holds the qualifications that are required for his or her assignments.

(3) Reimbursement for personnel expenditures shall be made by the State Board only with respect to individuals who are qualified pursuant to this Section or pursuant to Section 226.810 or 226.820 of this Part.

(4) Each district or cooperative entity shall develop and implement a comprehensive personnel development program for all personnel involved with the education of children with disabilities.

(b) Professional Instructional Personnel

Each individual employed in a professional instructional capacity shall hold either:

(1) a valid special certificate and the qualifications required for the teaching area pursuant to 23 Ill. Adm. Code 25.40 and 25.43; or

(2) another valid teaching certificate and approval issued by the State Board of Education specific to the area of responsibility (see Section 226.810 of this Part).

(c) An individual assigned as a vocational coordinator shall be required to hold approval for this position, which shall be granted provided that the individual submits an application demonstrating that he or she:

(1) has two years' teaching experience;

(2) holds either a special preschool - age 21 certificate or a high school certificate; and

(3) has completed at least 16 semester hours of college coursework, which shall at least include each of the areas identified in subsections (c)(3)(A) through (D) and may include one or more of the areas identified in subsections (c)(3)(E) through (I) of this Section:

(A) Survey of the exceptional child;

(B) Characteristics of the mentally retarded student;

(C) Characteristics of the socially and/or emotionally maladjusted student;

(D) Vocational programming for students with disabilities;

(E) Characteristics of other exceptionalities;

(F) Methods course in special education;

(G) Guidance and counseling;

(H) Educational and psychological diagnosis;

(I) Vocational and technical education.

(d) An individual assigned as a teacher coordinator shall be required to hold approval for this position, which shall be granted provided that the individual submits an application demonstrating that he or she:

(1) holds either a special preschool - age 21 certificate endorsed for the disability area of assignment or a high school certificate with special education approval in the applicable disability area issued pursuant to Section 226.810 of this Part;

(2) has completed a course in vocational programming for students with disabilities; and

(3) has at least one year's work experience outside the field of education or has completed at least one course in either guidance and counseling or vocational and technical education.

(e) An individual assigned as a business manager's assistant shall hold an administrative certificate endorsed for chief school business official pursuant to 23 Ill. Adm. Code 25.344.

(f) Qualified Bilingual Specialists

Professional staff otherwise qualified pursuant to this Section shall be considered "qualified bilingual specialists" if they meet the applicable requirements set forth in this subsection (f).

(1) A holder of a special certificate endorsed in the area of responsibility pursuant to 23 Ill. Adm. Code 25.40 or 25.43 shall successfully complete a language examination in the non-English language of instruction and shall have completed coursework covering:

(A) Psychological/educational assessment of students with disabilities who have limited English proficiency;

(B) Theoretical foundations of bilingual education and English as a second language, including the study of first and second language acquisition; and

(C) Methods and materials for teaching students of limited English proficiency or students with disabilities who have limited English proficiency.

(2) A holder of an early childhood, elementary, or high school certificate who also holds special education approval in the area of responsibility (see Section 226.810 of this Part) shall successfully complete a language examination in the non-English language of instruction and shall have completed the coursework listed in subsections (f)(1)(A), (B), and (C) of this Section.

(3) A holder of an early childhood, elementary, or high school certificate who also holds approval to teach bilingual education or English as a second language shall have completed coursework covering:

(A) Methods for teaching in the special education area of assignment;

(B) Psychological/educational assessment of students with disabilities who have limited English proficiency, or psychological diagnosis for children with all types of disabilities; and

(C) Characteristics of students, or characteristics of students with limited English proficiency specifically, in the special education area of assignment.

(4) A holder of a transitional bilingual certificate issued pursuant to 23 Ill. Adm. Code 25.90 and endorsed for the language of assignment shall have completed two years of successful teaching experience and have completed coursework covering:

(A) Survey of children with all types of disabilities;

(B) Assessment of the bilingual student, or psychological/educational assessment of the student with disabilities who has limited English proficiency;

(C) Theoretical foundations of bilingual education and English as a second language, including the study of first and second language acquisition;

(D) Methods for teaching in the special education area of assignment; and

(E) Characteristics of students, or characteristics of students with limited English proficiency specifically, in the special education area of assignment.

(5) A holder of a school service personnel certificate endorsed for guidance, school social work, or school psychology shall successfully complete an examination in the non-English language and shall have completed coursework in assessment of the bilingual student or psychological/educational assessment of the student with disabilities who has limited English proficiency.

(g) Directors and Assistant Directors of Special Education

Each school district, or the cooperative entity of which it is a member, shall employ a director of special education, who shall be the chief administrative officer of the special education programs and services of the district or cooperative entity. The provisions of subsections (g)(1) and (2) of this Section shall apply through June 30, 2005. Beginning July 1, 2005, directors and assistant directors of special education shall be subject to the requirements of 23 Ill. Adm. Code 29.140 and 29.150.

(1) Each director or assistant director of special education shall hold a valid administrative certificate issued pursuant to 23 Ill. Adm. Code 25.315 and a master's degree, including 30 semester hours of coursework distributed among all the following areas:

(A) Survey of exceptional children;

(B) Special methods courses (3 areas of exceptionality);

(C) Educational and psychological diagnosis and remedial techniques;

(D) Guidance and counseling; and

(E) Supervision of programs for exceptional children.

(2) Each individual who will function as a director or assistant director of special education shall submit an application for special education administrative approval on a form supplied by the State Board of Education.

(3) Each school district, or the cooperative entity of which it is a member, shall submit to the State Board of Education a letter identifying the individual employed as the director of special education. If the individual is qualified as required, the State Board shall confirm that the individual is the State-approved director of special education for the district or cooperative entity.

(h) Supervisors.

(1) Each district or cooperative entity shall employ sufficient supervisory personnel to provide consultation to and coordination of special education services.

(2) Each individual performing a supervisory function shall hold a master's degree, including at least 15 semester hours of coursework distributed among all the following areas:

(A) Survey of exceptional children;

(B) Characteristics courses in the areas to be supervised;

(C) Methods courses in the areas to be supervised;

(D) Educational and psychological diagnosis and remedial techniques; and

(E) Supervision of programs for exceptional children.

(3) Each individual performing a supervisory function shall also hold either:

(A) a valid special certificate in the area to be supervised, endorsed for supervision pursuant to 23 Ill. Adm. Code 25.322, with two years' teaching experience in that area; or

(B) a valid school service personnel certificate endorsed for supervision and two years' experience in the area to be supervised; or

(C) a valid administrative certificate and either a valid special certificate endorsed for the area to be supervised or special education approval in that area.

(i) Chief Administrator of Special School

The chief administrator of a special school shall hold an administrative certificate with a general administrative endorsement issued pursuant to 23 Ill. Adm. Code 25.344 and either:

(1) the qualifications required under 23 Ill. Adm. Code 25.43 in at least one disability area served by the school; or

(2) approval issued by the State Board of Education pursuant to Section 226.810 of this Part for at least one disability area served by the school.

(j) Other Professional Personnel

Each individual employed in a professional capacity not specified in subsections (a) through (i) of this Section shall, as appropriate to his or her assignment, hold:

(1) the school service personnel certificate endorsed as appropriate to the area of responsibility (see 23 Ill. Adm. Code 25, Subpart D); or

(2) a valid license or permission to practice, if the individual's profession is governed by such a requirement and either no educational credential in the same or a related field is issued by the State Board of Education (e.g., for a physical therapist) or the School Code permits the individual to perform the functions assigned; or

(3) a credential, regardless of title, issued by a professional association or organization in the relevant field, when no educational credential in the same or a related field is issued by the State Board of Education and no license or permission to practice is required by the State (e.g., for a music therapist or a daily living skills specialist).

(k) Noncertified Personnel.

(1) Each noncertified professional individual employed in a special education class, program, or service, and each individual providing assistance at a work site, shall function under the general direction of a professional staff member.

(2) Each program assistant/aide, as well as each nonemployee providing any service in the context of special education, shall function under the direct supervision of a professional staff member.

(3) Each district shall provide training experiences appropriate to the nature of their responsibilities to the individuals discussed in subsections (k)(1) and (2) of this Section. Training shall be in lieu of the requirements for noncertified personnel set forth in 23 Ill. Adm. Code 1, Subpart G.

Section 99. Effective date. This Act takes effect January 1, 2005.