Illinois Special Education Regulations
23 ILLINOIS ADMINISTRATIVE CODE
SUBTITLE A
SUBCHAPTER f
TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226 SPECIAL EDUCATION
SUBPART A: GENERAL
Section
226.10 Purpose
226.50 Requirements for
a Free Appropriate Public Education (FAPE)
226.60 Charter Schools
226.75 Definitions
SUBPART B: IDENTIFICATION OF
ELIGIBLE CHILDREN
Section
226.100 Child Find Responsibility
226.110 Referral
226.120 Identification
of Needed Assessments
226.130 Evaluation Requirements
226.140 Mode(s) of Communication
and Cultural Identification
226.150 Case Study to
be Nondiscriminatory
226.160 Determination
of Eligibility
226.170 Criteria for Determining
the Existence of a Specific Learning Disability
226.180 Independent Educational
Evaluation
226.190 Reevaluation
SUBPART C: THE INDIVIDUALIZED
EDUCATION PROGRAM (IEP)
Section
226.200 General Requirements
226.210 IEP Team
226.220 Factors in Development
of the IEP
226.230 Content of the
IEP
226.240 Determination
of Placement
226.250 Child Aged Three
Through Five
226.260 Child Reaching
Age Three
SUBPART D: PLACEMENT
Section
226.300 Continuum of Placement
Options
226.310 Related Services
226.320 Service to Students
Living in Residential Care Facilities
226.330 Placement by School
District in State-Operated or Nonpublic Special Education Facilities
226.340 Nonpublic Placements
by Parents
226.350 Service to Children
in Private Schools
SUBPART E: DISCIPLINE
Section
226.400 Disciplinary Actions
226.410 Manifestation
Determination Review
226.420 Appeals
226.430 Protection for
Children Not Yet Eligible for Special Education
226.440 Referral to and
Action by Law Enforcement and Judicial Authorities
SUBPART F: PROCEDURAL SAFEGUARDS
Section
226.500 Language of Notifications
226.510 Notification of
Parents’ Rights
226.520 Notification of
District’s Proposal
226.530 Parents’
Participation
226.540 Consent
226.550 Surrogate Parents
226.560 Mediation
226.570 Complaints
SUBPART G: DUE PROCESS
Section
226.600 Calculation of
Timelines
226.605 Request for Hearing;
Basis
226.610 Information to
Parents Concerning Right to Hearing
226.615 Procedure for
Request
226.620 Denial of Hearing
Request
226.625 Rights of the
Parties Related to Hearings
226.630 Qualifications,
Training, and Service of Impartial Due Process Hearing Officers
226.635 Appointment of
Impartial Due Process Hearing Officer
226.640 Scheduling the
Hearing and Pre-Hearing Conference
226.645 Conducting the
Pre-Hearing Conference
226.650 Child's Status
During Due Process Hearing
226.655 Expedited Due
Process Hearing
226.660 Powers and Duties
of Hearing Officer
226.665 Record of Proceedings
226.670 Decision of Hearing
Officer; Clarification
226.675 Monitoring and
Enforcement of Decisions; Notice of Ineligibility for Funding
226.680 Reporting of Decisions
226.690 Transfer of Parental
Rights
SUBPART H: ADMINISTRATIVE REQUIREMENTS
Section
226.700 General
226.710 Policies and Procedures
226.720 Facilities and
Classes
226.730 Case Load/Class
Size
226.740 Records; Confidentiality
226.750 Additional Services
226.760 Evaluation of
Special Education
226.770 Fiscal Provisions
SUBPART I: PERSONNEL
226.800 Personnel Required
to be Qualified
226.810 Special Education
Teaching Approval
226.820 Authorization
for Assignment
226.830 List of Independent
Evaluators
226.840 Qualifications
of Evaluators
AUTHORITY: Implementing Article
14 and authorized by Section 2-3.6 of the School Code
[105
ILCS 5/Art.14 and 2-3.6].
SOURCE:
Adopted August 12, 1976; rules repealed and new emergency rules adopted
at 2 Ill.
Reg.
37, p. 29, effective September 1, 1978, for a maximum of 150 days; rules
repealed and new
rules
adopted at 3 Ill. Reg. 5, p. 932, effective February 1, 1979; emergency
amendment at 4 Ill.
Reg.
38, p. 328, effective September 15, 1980, for a maximum of 150 days; amended
at 5 Ill.
Reg.
8021, effective July 22, 1981; amended at 6 Ill. Reg. 558, effective December
23, 1981;
emergency
amendment at 7 Ill. Reg. 6511, effective May 6, 1983, for a maximum of
150 days;
emergency
amendment at 7 Ill. Reg. 8949, effective July 15, 1983, for a maximum of
150 days;
codified
at 8 Ill. Reg. 6669; amended at 8 Ill. Reg. 7617, effective May 17, 1984;
emergency
amendment
at 10 Ill. Reg. 3292, effective January 27, 1986, for a maximum of 150
days;
emergency
expired June 24, 1986; amended at 10 Ill. Reg. 18743, effective October
22, 1986;
amended
at 10 Ill. Reg. 19411, effective October 31, 1986; amended at 13 Ill. Reg.
15388,
effective
September 14, 1989; emergency amendment at 14 Ill. Reg. 11364, effective
June 26,
1990,
for a maximum of 150 days; emergency expired November 23, 1990; amended
at 15 Ill.
Reg.
40, effective December 24, 1990; amended at 16 Ill. Reg. 12868, effective
August 10, 1992;
emergency
amendment at 17 Ill. Reg. 13622, effective August 3, 1993, for a maximum
of 150
days;
emergency expired December 31, 1993; amended at 18 Ill. Reg. 1930, effective
January
24,
1994; amended at 18 Ill. Reg. 4685, effective March 11, 1994; amended at
18 Ill. Reg.
16318,
effective October 25, 1994; amended at 19 Ill. Reg. 7207, effective May
10, 1995;
amended
at 20 Ill. Reg. 10908, effective August 5, 1996; amended at 21 Ill. Reg.
7655, effective
July
1, 1997; Part repealed, new Part adopted at 24 Ill. Reg. 13884, effective
August 25, 2000;
amended
at 27 Ill. Reg. 8126, effective April 28, 2003.
NOTE:
Capitalization denotes statutory language.
CH.
I, S.226.10
SUBTITLE
A
SUBCHAPTER
f
SUBPART
A: GENERAL
Section
226.10 Purpose
This
Part establishes the requirements for the treatment of children and the
provision of special
education
and related services pursuant to the Individuals with Disabilities Education
Act
(“IDEA”)
[20 USC 1400 et seq.] and Article 14 of the School Code [105 ILCS 5/Art.14].
The
requirements
of this Part shall apply in every instance when a child is or may be eligible
for
special
education and related services.
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 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. At least one year
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 226.60 Charter Schools
For
purposes of the Individuals with Disabilities Education Act and this Part,
charter schools
established
pursuant to Article 27A of the School Code [105 ILCS 5/Art.27A] shall be
treated
either
as schools within school districts or as local educational agencies in
their own right.
a)
When
a school’s charter is issued by a local board of education pursuant to
Section
27A-8 of the School Code [105 ILCS 5/27A-8], that charter school shall
be
considered as a school within the district over which that board of education
exercises
jurisdiction.
b)
When
a school’s charter is issued by the State Board of Education pursuant
to
Section
27A-9(f) of the School Code [105 ILCS 5/27A-9(f)], that charter school
shall
be considered as a local educational agency.
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 five 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:
An aspect of a child’s functioning or performance 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.
Educational
Performance: A student’s academic achievement and ability to
establish
and maintain social relationships and to experience a sound emotional
development
in the school environment.
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,
controlling
variables, 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,
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.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
Section
226.100 Child Find Responsibility
a)
Each
school district shall be responsible for actively seeking out and identifying
all
children from birth through age 21 within the district, including children
not
enrolled
in the public schools, who may be eligible for special education and
related
services. Procedures developed to fulfill this responsibility shall include:
1)
An
annual screening of children under the age of five for the purpose of
identifying
those who may need early intervention or special education
and
related services.
2)
Ongoing
review of each child’s performance and progress by teachers and
other
professional personnel, in order to refer those children who exhibit
problems
which interfere with their educational progress and/or their
adjustment
to the educational setting, suggesting that they may be eligible
for
special education and related services.
3)
Ongoing
coordination with early intervention programs to identify
children
from birth through two years of age who have or are suspected of
having
disabilities, in order to ensure provision of services in accordance
with
applicable timelines.
A)
Each
local school district shall participate in transition planning
conferences
arranged by the designated lead agency under 20 USC
1437(a)(8)
in order to develop a transition plan enabling the public
school
to implement an IFSP or IEP no later than the third birthday
of
each eligible child.
B)
A
child is considered “referred” to a school district when he or she
is
identified in writing by staff of an early intervention program
pursuant
to 34 CFR 303. Such a referral is effective no later than
60
school days prior to the child’s third birthday, regardless of the
date
on which the notification takes place. (See Section 226.260 of
this
Part.)
4)
Coordination
and consultation with nonpublic schools located within the
district
that results in child find activities comparable to those affecting
students
in the public schools. Costs of child find and evaluation activities
may
not be considered as part of the expenditures used by the district to
meet
its obligation under 34 CFR 300.453(a).
b)
When
the responsible school district staff members conclude that an individual
evaluation
of a particular child is warranted based on factors such as a child’s
educational
progress, interaction with others, or other functioning in the school
environment,
the requirements for referral and evaluation set forth in this Subpart
B
shall apply.
c)
Each
school district shall be responsible for ensuring that the confidentiality
requirements
of 34 CFR 300.560-300.577, 105 ILCS 10/4(a), 23 Ill. Adm. Code
375,
and Section 226.740 of this Part apply to all data used to meet the Child
Find
requirement.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.110
SUBTITLE
A
SUBCHAPTER
f
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 evaluation.
a)
Referral
Procedures
Each
school district shall develop and make known to all concerned persons
procedures
by which an 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 an 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 an evaluation and
notify
the referring party and 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
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 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
226.120 Identification of Needed Assessments
Each
school district shall ensure that a full and individual evaluation is conducted
for each child
being
considered for special education and related services. An evaluation shall
cover all
domains
(see Section 226.75 of this Part) that are relevant to the individual child
under
consideration.
The IEP Team shall determine the specific assessments needed to evaluate
the
individual
needs of the child.
a)
The
IEP Team that identifies the assessments and procedures needed must have
the
knowledge and skills necessary to administer and interpret the resulting
evaluation
data and make an informed determination as to whether the child needs
special
education and related services. The composition of the team will vary
depending
upon the nature of the child’s presenting symptoms and other relevant
factors.
b)
The
IEP Team shall review and evaluate existing information about the child,
including:
1)
Information
from a variety of formal and informal sources, including
information
provided by the child’s parents;
2)
Current
classroom-based assessments and observations;
3)
Observations
by teachers and providers of related services;
4)
Information
provided by the child; and
5)
Information
from specialized evaluations such as those performed by
independent
evaluators, medical evaluators, behavioral intervention
specialists,
bilingual specialists, etc.
c)
The
team may conduct its review without a meeting.
d)
The
team shall determine what additional evaluation data are needed in each
of
the
relevant domains, and from what sources that information should be obtained,
in
order for the team to determine:
1)
Whether
the child has, or continues to have, one or more of the disabilities
defined
in Section 226.75 of this Part;
2)
The
present levels of performance and educational needs of the child;
3)
Whether
the disability is adversely affecting the child’s education;
CH.
I, S.226.120
SUBTITLE
A
SUBCHAPTER
f
4)
Whether
the child needs (or continues to need) special education and
related
services; and
5)
Whether
any additions or modifications to the child’s special education
and
related services are needed to enable the child to meet the goals set
out
in his or her IEP and to participate appropriately in the general
curriculum.
e)
If
the IEP Team identifies the need for additional evaluations, the school
district
shall
administer or arrange for such tests and other evaluation procedures as
may
be
needed to produce the needed information.
f)
If
the IEP Team determines that no additional information is needed, the district
shall
provide written notice to the child's parents of:
1)
the
determination and the reasons for it; and
2)
the
parents’ right to request an assessment to determine whether the child
is
or continues to be eligible for special education and related services.
g)
Within
ten school days after a parent requests an assessment pursuant to
subsection
(f)(2) of this Section, the district shall either:
1)
Notify
the parent that it will conduct the assessment and make the
necessary
arrangements, or
2)
If
the district does not wish to conduct the assessment, request a due
process
hearing or notify the parent (in keeping with the requirements of
Section
226.520 of this Part) of his or her right to request a due process
hearing.
h)
The
IEP Team shall document its evaluation decisions, the basis for the
determination
made in each domain, and its decisions under subsections (d) and
(f)
of this Section. This information shall be provided to the parents in the
form
of
a written notice in accordance with Section 226.520 of this Part.
CH.
I, S.226.130
SUBTITLE
A
SUBCHAPTER
f
Section
226.130 Evaluation Requirements
Each
local school district shall establish written procedures to ensure that
the following
requirements
are met.
a)
Tests
and other materials used to evaluate a child:
1)
Shall
be selected and administered so as not to be discriminatory on a
racial
or cultural basis;
2)
Shall
be provided and administered in the child's native language or other
mode
of communication, unless it is clearly not feasible to do so;
3)
Shall
be technically sound and designed to assess the relative
contributions
of cognitive, behavioral, physical, and developmental
factors;
and
4)
Shall
be used in a manner consistent with the instructions provided by
their
publishers.
b)
A
variety of assessment tools and strategies shall be used by qualified specialists
who
are trained and knowledgeable and shall be used to gather relevant functional
and
developmental information about the child. The assessment shall include
information
provided by the parent that may assist in determining:
1)
Whether
the child is eligible for special education and related services;
and,
if so,
2)
The
content of the child's IEP or IFSP, including information related to
enabling
the child to be involved in and progress in the general curriculum
or,
if in preschool, to participate in appropriate activities.
c)
When
a student is suspected of having a specific learning disability, an
observation
shall be conducted in accordance with Section 226.170 of this Part.
d)
Any
standardized test that is administered shall:
1)
Have
been validated for the specific purpose for which it is used; and
2)
Be
administered by trained and knowledgeable personnel in accordance
with
any instructions provided by the producer of the test.
CH.
I, S.226.130
SUBTITLE
A
SUBCHAPTER
f
e)
Tests
and other evaluation materials shall be tailored to assess specific areas
of
educational
need and may not be merely those that are designed to provide a
single
general intelligence quotient.
f)
Tests
shall be selected and administered so as to ensure that, if they are
administered
to a child with impaired sensory, motor or communication skills, the
results
of each test accurately reflect the factors that test purports to measure.
g)
No
single procedure and no single individual shall be used as the sole criterion
or
evaluator
for determining whether a child is eligible pursuant to this Part or for
identifying
an appropriate educational program for a child.
h)
The
school district shall use assessment tools and strategies that provide
relevant
information
and are sufficiently comprehensive to assist in identifying all of the
child’s
needs for special education and related services, whether or not commonly
linked
to the disability according to which the child has been classified.
i)
If
an assessment is conducted under nonstandard conditions, a description
of the
extent
to which the assessment varied from standard conditions shall be included
in
the evaluation report. This information is needed so that the team of evaluators
can
assess the effects of these variances on the validity and reliability of
the
information
reported and determine whether additional assessments are needed.
For
example, the use of a translator when a qualified bilingual professional
is not
available
may create nonstandard conditions.
j)
If
any needed portion of a case study evaluation cannot be completed due to
lack
of
parental involvement, religious convictions of the family, or inability
of the
child
to participate in an evaluative procedure, the district shall note the
missing
portion(s)
in the child's evaluation report and state the reason(s) why such
portion(s)
could not be completed.
k)
Each
individual conducting a portion of a child’s evaluation shall be qualified
in
accordance
with Section 226.840 of this Part.
CH.
I, S.226.140
SUBTITLE
A
SUBCHAPTER
f
Section
226.140 Mode(s) of Communication and Cultural Identification
Before
a child is given a case study evaluation, the local school district shall
determine the
primary
language of the child’s home, general cultural identification, and mode
of
communication.
a)
Determination
of the child’s language use pattern and general cultural
identification
shall be made by determining the language(s) spoken in the child’s
home
and the language(s) used most comfortably and frequently by the child.
b)
If
the child has a non-English-speaking background, a determination shall
be
made
of his or her proficiency in English. Such a determination shall be
conducted
in accordance with the provisions of 23 Ill. Adm. Code 228 (Bilingual
Education),
which specifies the assessment procedures and eligibility criteria for
bilingual
education programs (see 23 Ill. Adm. Code 228.15).
c)
Determination
of the child’s mode of communication shall be made by assessing
the
extent to which the child uses expressive language and the use he or she
makes
of other modes of communication (e.g., gestures, signing, unstructured
sounds)
as a substitute for expressive language.
d)
The
child’s language use pattern, proficiency in English, mode of communication,
and
general cultural identification shall be noted in the child’s temporary
student
record,
and this information shall be used in the evaluation and in the
development
and implementation of the individualized education program.
CH.
I, S.226.150
SUBTITLE
A
SUBCHAPTER
f
Section
226.150 Case Study to be Nondiscriminatory
Each
evaluation shall be conducted so as to ensure that it is linguistically,
culturally, racially,
and
sexually nondiscriminatory.
a)
The
language(s) used to evaluate a child shall be consistent with the child's
primary
language of the home or other mode of communication. (See Section
226.140
of this Part.) If the language use pattern involves two or more languages
or
modes of communication, the child shall be evaluated by qualified specialists
or,
when needed, qualified bilingual specialists using each of the languages
or
modes
of communication used by the child. The provisions of subsections (b)
and
(c) of this Section shall apply when a qualified bilingual specialist is
needed
but
unavailable.
b)
If
documented efforts to locate and secure the services of a qualified bilingual
specialist
are unsuccessful, the district shall use an individual who possesses the
professional
credentials required under Section 226.840 of this Part to complete
the
specific components of the evaluation. This qualified specialist shall
be
assisted
by a certificated school district employee or other individual who has
demonstrated
competencies in the language of the child.
c)
If
documented efforts to locate and secure the services of a qualified bilingual
specialist
or a qualified specialist assisted by another individual as provided in
subsection
(b) of this Section are unsuccessful, the district shall conduct
assessment
procedures which do not depend upon language. Any special
education
resulting from such alternative procedures shall be reviewed annually
until
the child acquires a predominantly English language use pattern.
d)
Tests
given to a child whose primary language is other than English shall be
relevant,
to the maximum extent possible, to his or her culture.
e)
If
the child's receptive and/or expressive communication skills are impaired
due
to
hearing and/or language deficits, the district shall utilize test instruments
and
procedures
that do not stress spoken language and one of the following:
1)
Visual
communication techniques in addition to auditory techniques.
2)
An
interpreter to assist the evaluative personnel with language and testing.
CH.
I, S.226.160
SUBTITLE
A
SUBCHAPTER
f
Section
226.160 Determination of Eligibility
Each
school district shall develop written eligibility criteria that comply
with the definitions of
the
disability categories identified in Section 226.75 of this Part.
a)
Upon
completing the administration of tests and any other evaluation procedures,
the
IEP Team shall meet to interpret the evaluation data. This shall be done
for
the
purpose of determining whether the child is eligible for special education
and
related
services. In making this determination, the IEP Team shall:
1)
Draw
upon information from a variety of sources, including aptitude and
achievement
tests, parental input, teacher recommendations, physical
condition,
social or cultural background, and adaptive behavior;
2)
Ensure
that information obtained from all of these sources is documented
and
considered; and
3)
Ensure
that a psychological evaluation has been conducted and a
recommendation
for eligibility has been made by a school psychologist for
all
children determined mentally impaired.
b)
A
child may not be determined eligible under this Part if the determinant
factor
for
that determination is lack of instruction in reading or math or limited
English
proficiency
and the child does not otherwise meet the district’s eligibility criteria.
c)
At
the conclusion of the IEP Team’s meeting, the team shall prepare a report
describing
its consideration of pre-existing information about the child, all new
evaluation
reports obtained, and any other information relevant to the decision
about
the child’s eligibility. This description shall relate the information
considered
to the child’s needs and shall further conform to the requirements of
Section
226.170(d) of this Part if applicable. The team’s report shall also include:
1)
the
date of the meeting;
2)
the
signatures of the participants, indicating their presence at the meeting;
and
3)
any
separate written statement provided by a participant who wishes to be
on
record as disagreeing with the conclusions expressed in the team’s
report.
d)
The
school district shall provide a copy of the IEP Team’s report to the
parent at
the
conclusion of the team’s meeting. In addition, the district shall provide
to the
CH.
I, S.226.160
SUBTITLE
A
SUBCHAPTER
f
parent,
within ten school days after the meeting, written notice conforming to
the
requirements
of Section 226.520 of this Part as to the eligibility determination
reached
with respect to the child. The parent shall also be entitled to receive
copies
of any evaluation reports upon request.
e)
A
copy of the IEP Team’s report, together with all documentation upon which
it
is
based, shall become a part of the child’s temporary student record.
f)
If
a child is determined eligible for special education and related services,
an IEP
shall
be developed in accordance with Subpart C of this Part.
CH.
I, S.226.170
SUBTITLE
A
SUBCHAPTER
f
Section
226.170 Criteria for Determining the Existence of a Specific Learning Disability
The
determination of the existence of a specific learning disability shall
be conducted in
accordance
with the requirements set forth in the federal regulations at 34 CFR 300.541-543.
CH.
I, S.226.180
SUBTITLE
A
SUBCHAPTER
f
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)
The
district shall provide to the parents, upon their request, the list of
independent
educational
evaluators developed by the State Board of Education pursuant to
Section
226.830 of this Part.
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:
CH.
I, S.226.180
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.190
SUBTITLE
A
SUBCHAPTER
f
Section
226.190 Reevaluation
a)
A
local school district shall reevaluate an eligible child whenever conditions
warrant
a reevaluation or the child's parent or teacher requests a reevaluation,
but
at
least once every three years. Reevaluations are subject to the applicable
requirements
of Sections 226.110 through 226.180 of this Part.
b)
A
district shall reevaluate an eligible child before determining that the
child is no
longer
eligible pursuant to this Part.
c)
A
reevaluation is not required for a student who graduates from high school
with a
regular
high school diploma or its equivalent or attains the age of 21. (See Section
226.50(k)(4)
of this Part.)
CH.
I, S.226.200
SUBTITLE
A
SUBCHAPTER
f
SUBPART
C: THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)
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 no later than ten days after the
provision
of such notice.
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)
Either
a child’s teacher or a child’s parent may request the review of the
child’s
IEP
at any time. Within ten days after receipt of such a request, the district
shall
either
agree and notify the parent in accordance with Section 226.530(b) of this
Part
or notify the parents in writing of its refusal, including an explanation
of the
reason
no meeting is necessary to ensure the provision of FAPE for the child.
f)
A
child’s IEP shall be revised if necessary to address:
CH.
I, S.226.200
SUBTITLE
A
SUBCHAPTER
f
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 parent(s); 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.
CH.
I, S.226.210
SUBTITLE
A
SUBCHAPTER
f
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.
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. If known, this
shall
be
the person who is or will be responsible for implementing a portion of
the
child’s
IEP. If the child is receiving only speech and language services, the
speech
and language pathologist shall fulfill this role.
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;
CH.
I, S.226.210
SUBTITLE
A
SUBCHAPTER
f
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 resources and
is
able to ensure that the services set out in the IEP will be implemented.
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.
CH.
I, S.226.210
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.220
SUBTITLE
A
SUBCHAPTER
f
Section
226.220 Factors in Development of the IEP
In
developing a child's IEP, the IEP Team shall consider the strengths of
the child and the
concerns
of the parents for enhancing the child’s education, as well as the results
of the most
recent
valid evaluation and any available assessment information that may be useful.
If the IEP
Team
determines that one or more of the factors described in this Section could
impede learning
or
that the child needs a particular device or service (including an intervention,
accommodation,
behavioral
intervention or strategy, or other program modification or support for
school
personnel)
in order for the child to receive FAPE, these needs shall be documented
in the IEP.
a)
The
team shall consider whether the child requires assistive technology devices
and
services.
b)
The
team shall consider whether the child has any special needs related to
communication.
c)
In
the case of a child of limited English proficiency, the team shall consider
the
language-related
needs of the child.
d)
In
the case of a child who is deaf or hard of hearing, the team shall consider
the
child's
language and communication needs, opportunities for direct
communication
with peers and professional personnel in the child's language and
mode
of communication, academic level, and full range of needs, including
opportunities
for direct instruction in the child's language and mode of
communication.
e)
In
the case of a child whose behavior impedes his or her learning or the learning
of
others, the team shall consider, if appropriate, strategies, including
positive
behavioral
interventions, strategies, and supports to address that behavior.
f)
In
the case of a child who is visually impaired, the team shall consider whether
instruction
in Braille and/or the use of Braille will be necessary. To omit or
discontinue
Braille instruction or use requires an evaluation of the child’s reading
and
writing skills and needs and a determination by the IEP Team that Braille
is
not
appropriate.
CH.
I, S.226.230
SUBTITLE
A
SUBCHAPTER
f
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 the
State
Goals for Learning and the Illinois Learning Standards (see 23 Ill.
Adm.
Code 1), as well as benchmarks or short-term objectives developed
in
accordance with the child’s present levels of educational performance,
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.
CH.
I, S.226.230
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.230
SUBTITLE
A
SUBCHAPTER
f
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)
The
IEP of a student who requires a behavioral intervention plan shall:
1)
Summarize
the findings of the functional behavioral assessment;
2)
Summarize
prior intervention(s) implemented;
3)
Describe
any behavioral intervention(s) to be used, including those aimed
at
developing or strengthening alternative or more appropriate behaviors;
4)
Identify
the measurable behavioral changes expected and method(s) of
evaluation;
5)
Identify
a schedule for a review of the intervention’s effectiveness; and
6)
Identify
provisions for communicating with the parents about their child’s
behavior
and coordinating school-based and home-based interventions.
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 14½ 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
CH.
I, S.226.230
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.240
SUBTITLE
A
SUBCHAPTER
f
Section
226.240 Determination of Placement
a)
The
placement determination shall be made by the IEP Team.
b)
The
placement determination shall be consistent with the child’s IEP.
c)
The
placement determination shall provide the least restrictive environment
for
the
child.
1)
To
the maximum extent appropriate, each child, including children in
public
or nonpublic residential facilities, shall be educated with children
who
are nondisabled.
2)
Special
education classes, separate schooling, or other removal of children
with
disabilities from the regular education environment shall occur only
if
the nature or severity of the disability is such that education in regular
classes
with the use of supplementary aids and services cannot be
achieved
satisfactorily.
3)
Each
child’s placement shall be as close as possible to his or her home.
4)
Unless
the IEP requires some other arrangement, a child shall be educated
in
the school he or she would attend if not disabled.
5)
Consideration
shall be given to the possible harmful effect of a placement
on
the child or on the quality of services received.
6)
A
child shall not be removed from an age-appropriate regular classroom
solely
because of needed modifications in the general curriculum.
d)
The
placement decision shall, to the maximum extent appropriate, permit the
child
to participate in nonacademic and extracurricular services and activities
(e.g.,
meals, recess, recreational activities, and clubs sponsored by the district).
e)
The
placement determination shall be reviewed at least annually or any time
the
IEP
is revised.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.250
SUBTITLE
A
SUBCHAPTER
f
Section
226.250 Child Aged Three Through Five
In
the case of an eligible child three through five years of age, an IFSP
that contains the material
described
in 20 USC 1436 may serve as a child’s IEP if using that plan is agreed
to by the local
school
district and the child's parents. If a district proposes to use an IFSP,
the local school
district
shall:
a)
Provide
a detailed explanation of the differences between an IFSP and an IEP to
the
child's parents;
b)
Obtain
informed, written consent from the parents for the use of the IFSP; and
c)
The
IFSP shall be developed in accordance with the IEP requirements found in
Sections
226.200 through 226.230 of this Part.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.260
SUBTITLE
A
SUBCHAPTER
f
Section
226.260 Child Reaching Age Three
a)
Child
with an IFSP
For
each child who will be making the transition from an early intervention
program
into the special education program of a school district at age three, the
district
shall ensure that either an IEP or the child’s IFSP is in effect on his
or her
third
birthday. A representative of the school district shall participate in
the
transition
meeting scheduled by the early intervention team.
b)
Child
Without an IFSP
1)
For
each child who is referred to a school district at least 60 school days
prior
to his or her third birthday and determined eligible, the district shall
ensure
that either an IEP or an IFSP is in effect on his or her third
birthday.
2)
For
each child who is referred with fewer than 60 school days remaining
before
his or her third birthday, or after that date, and determined to be
eligible,
the district shall comply with the requirements of Section
226.110(c)
and (d) of this Part.
c)
If
a child’s third birthday occurs during the summer, the IEP Team for that
child
shall
determine when the district’s services to the child will begin.
CH.
I, S.226.300
SUBTITLE
A
SUBCHAPTER
f
SUBPART
D: PLACEMENT
Section
226.300 Continuum of Placement Options
Each
local school district shall ensure that a continuum of placements is available
to meet the
needs
of children with disabilities for special education and related services.
The continuum
shall
include at least the following.
a)
Regular
Classes
The
child receives his or her basic educational experience through instruction
in
regular
classes. However, these experiences are supplemented through:
1)
Additional
or specialized instruction from the teacher;
2)
Consultation
to and with the teacher by providers of special education and
related
services;
3)
Provision
of special equipment, materials, and accommodations;
4)
Modification
in the instructional services (e.g., multi-age placement,
expectations,
grading, etc.);
5)
Modification
of curricular content or educational methodology; or
6)
Other
supplementary services, such as itinerant or resource services, in
conjunction
with the regular class placement.
b)
Special
Classes
The
child receives specially designed instruction through a special education
class.
The child is included in those parts of regular classes which are
appropriate.
c)
Special
Schools
The
child receives specially designed instruction in a special school. The
child is
included
in those parts of regular classes which are appropriate.
d)
Home/Hospital
Services
The
child receives services at home or in a hospital or other setting because
he or
she
is unable to attend school elsewhere due to a medical condition.
1)
When
an eligible student has a medical condition that will cause an
absence
for two or more consecutive weeks of school or ongoing
intermittent
absences, the IEP Team for that child shall consider the need
CH.
I, S.226.300
SUBTITLE
A
SUBCHAPTER
f
for
home or hospital services. Such consideration shall be based upon a
written
statement from a physician licensed to practice medicine in all its
branches
which specifies:
A)
the
child’s condition;
B)
the
impact on the child’s ability to participate in education (the
child’s
physical and mental health level of tolerance for receiving
educational
services); and
C)
the
anticipated duration or nature of the child’s absence from
school.
2)
If
an IEP Team determines that home or hospital services are medically
necessary,
the team shall develop or revise the child’s IEP accordingly.
3)
The
amount of instructional or related service time provided through the
home
or hospital program shall be determined in relation to the child's
educational
needs and physical and mental health needs. The amount of
instructional
time shall not be less than five hours per week unless the
physician
has certified in writing that the child should not receive as many
as
five hours of instruction in a school week.
4)
A
child whose home or hospital instruction is being provided via
telephone
or other technological device shall receive not less than two
hours
per week of direct instructional services.
5)
Instructional
time shall be scheduled only on days when school is
regularly
in session, unless otherwise agreed to by all parties.
6)
Services
required by the IEP shall be implemented as soon as possible
after
the district receives the physician’s statement.
e)
State-Operated
or Nonpublic Programs
The
child is served in a State-operated or nonpublic facility because his or
her
disabilities
are so profound or complex that no services offered by the public
schools
can meet his or her needs.
CH.
I, S.226.310
SUBTITLE
A
SUBCHAPTER
f
Section
226.310 Related Services
Related
services shall be provided if necessary to assist an eligible child in
benefiting from his or
her
special education. The related services that will be provided to a particular
child shall be
described
in the IEP in conformance with the requirements of Section 226.230(a)(7)
and (8) of
this
Part. The most commonly provided related services include assistive technology;
audiology;
counseling
services; early identification and assessment of disabilities; diagnostic
medical
services;
occupational therapy; orientation and mobility services; parent counseling
and training;
physical
therapy; recreation; rehabilitation counseling; school health services;
school
psychological
services; school social work services; special readers, braillists, typists,
and
interpreters;
speech-language pathology services; transition services; transportation;
and
vocational
education.
a)
Assistive
Technology: Any service that directly assists a child with a disability
in
the
selection, acquisition, or use of an assistive technology device as defined
in
Section
226.75 of this Part. Examples include:
1)
The
evaluation of the needs of a child with a disability, including a
functional
evaluation of the child in the child's customary environment;
2)
Purchasing,
leasing, or otherwise providing for the acquisition of assistive
technology
devices for children with disabilities;
3)
Selecting,
designing, fitting, customizing, adapting, applying, maintaining,
repairing,
or replacing assistive technology devices;
4)
Coordinating
and using other therapies, interventions, or services with
assistive
technology devices, such as those associated with existing
education
and rehabilitation plans and programs;
5)
Training
or technical assistance for a child with a disability or, if
appropriate,
that child's family; and
6)
Training
or technical assistance for individuals providing education or
rehabilitation
services, employers, or other individuals who provide
services
to, employ, or are otherwise substantially involved in the major
life
functions of a student with a disability.
b)
Audiology
includes such services as:
1)
Identification
of children with hearing loss;
CH.
I, S.226.310
SUBTITLE
A
SUBCHAPTER
f
2)
Determination
of the range, nature, and degree of hearing loss, including
referral
for medical or other professional attention for the habilitation of
hearing;
3)
Provision
of habilitative activities such as language habilitation, auditory
training,
speech reading (lip-reading), hearing evaluation, and speech
conservation;
4)
Creation
and administration of programs for the prevention of hearing
loss;
5)
Counseling
and guidance for pupils, parents, and teachers regarding
hearing
loss; and
6)
Determination
of a child's need for group and individual amplification,
selecting
and fitting an appropriate aid, and evaluating the effectiveness of
amplification.
c)
Occupational
Therapy:
1)
Improving,
developing or restoring functions impaired or lost through
illness,
injury, or deprivation;
2)
Improving
ability to perform tasks for independent functioning;
3)
Preventing,
through early intervention, initial or further impairment or loss
of
function.
d)
Orientation
and Mobility Services: Services provided to a blind or visually
impaired
child to enable the child to attain systematic orientation to and safe
movement
within the environments in school, home, and community. Includes
teaching
a child:
1)
Spatial
and environmental concepts and the use of information received by
the
senses (such as sound, temperature and vibrations) to establish,
maintain,
or regain orientation and line of travel (for example, using sound
at
a traffic light to cross the street);
2)
The
use of the long cane to supplement visual travel skills or as a tool for
safely
negotiating the environment;
3)
The
use of remaining vision and low vision aids; and
CH.
I, S.226.310
SUBTITLE
A
SUBCHAPTER
f
4)
Other
concepts, techniques, and tools deemed appropriate for the child.
e)
Parent
Counseling and Training: Services to assist parents in understanding the
special
needs of their child, provide parents with information about child
development,
and help parents to acquire the skills that will allow them to support
the
implementation of their child’s IEP or IFSP.
f)
Recreation:
Services such as:
1)
Assessment
of leisure function;
2)
Therapeutic
recreation services;
3)
Recreation
programs in schools and community agencies; and
4)
Leisure
education.
g)
Rehabilitation
Counseling: Services provided in individual or group sessions that
focus
on career development, preparation for employment, achieving
independence,
and integration in the workplace and community of a student with
a
disability.
h)
School
Health Services include such activities as:
1)
Preparing
a health assessment by conducting interviews with a child’s
parents
and teachers, reviewing the Certificate of Child Health
Examination,
reviewing the vision and hearing screening results and other
pertinent
health information, and recommending additional medical
evaluations
as indicated;
2)
Interpreting
health assessment results;
3)
Obtaining,
integrating, and interpreting pertinent health information about
a
child as it applies to learning;
4)
Consulting
with other staff members in planning school programs to meet
the
needs of children who require the provision of special health services
at
school;
5)
Planning
and managing a program of school health services to meet the
specific
needs of all children;
CH.
I, S.226.310
SUBTITLE
A
SUBCHAPTER
f
6)
Identifying
and mobilizing community health resources to enable children
to
learn as effectively as possible in the educational program; and
7)
Administering
medication.
i)
School
Psychological Services may include such activities as:
1)
Administering
psychological and educational tests and other assessment
procedures;
2)
Interpreting
assessment results;
3)
Obtaining,
integrating, and interpreting information about children’s
behavior
and conditions relating to learning;
4)
Consulting
with other staff members in planning school programs to meet
the
special needs of children as indicated by psychological tests,
interviews,
and behavioral evaluations;
5)
Planning,
managing, and providing a program of psychological services,
including
psychological counseling for children and parents; and
6)
Assisting
in completing a functional behavioral assessment, as well as
assisting
in the development of positive behavioral intervention strategies.
j)
School
Social Work Services may include activities such as:
1)
Preparing
a social developmental study on a child with a disability;
2)
Group
and individual counseling with a child and his or her family;
3)
Working
with parents and others on those problems in a child's living
situation
(home, school, and community) that affect the child's adjustment
in
school;
4)
Mobilizing
school and community resources to enable the child to learn as
effectively
as possible in his or her educational program; and
5)
Assisting
in completing a functional behavioral assessment, as well as
assisting
in the development of positive behavioral intervention strategies.
k)
Speech-Language
Pathology Services encompass such activities as:
CH.
I, S.226.310
SUBTITLE
A
SUBCHAPTER
f
1)
Screening,
diagnosis and appraisal of specific speech and language
impairments;
2)
Identification
of children with speech and/or language impairments;
3)
Referral
and follow-up for medical or other professional attention
necessary
for the habilitation of speech and language impairments;
4)
Planning
and developing interventions and programs for children or youth
with
speech and language impairments;
5)
Provision
of services for the habilitation and prevention of speech and
language
impairments; and
6)
Counseling
and guidance of parents, children, and teachers regarding
speech
and language impairments.
l)
Transportation:
Special transportation services required because of the child's
disability
or the location of the special education program or related services, and
which
are in addition to the regular transportation services provided by the
local
school
district.
1)
Travel
to and from school and between schools;
2)
Travel
in and around school buildings;
3)
Specialized
vehicles, specialized equipment (such as lifts and ramps,
whether
provided on regular, adapted, or special buses), and personnel
who
provide assistance to students in the course of transportation.
m)
Travel
training: Providing instruction, as appropriate, to children with significant
cognitive
disabilities, and any other children with disabilities who require this
instruction,
to enable them to:
1)
Develop
an awareness of the environment in which they live; and
2)
Learn
the skills necessary to move effectively and safely from place to
place
within that environment (e.g., in school, in the home, at work, and in
the
community).
CH.
I, S.226.320
SUBTITLE
A
SUBCHAPTER
f
Section
226.320 Service to Students Living in Residential Care Facilities
Children
with disabilities may be placed into public or nonpublic residential facilities
for reasons
other
than education by various public entities such as the Department of Corrections,
the
Department
of Children and Family Services, or the juvenile courts. Except as provided
in
Section
14-8.01 of the School Code, the school district within whose boundaries
such a facility is
located
is responsible for ensuring special education and related services in the
least restrictive
environment
to those students who are eligible pursuant to this Part. “Residential
facilities”
refers
to any of the following.
a)
“Children's
Home” or “Orphanage”: any licensed residential institution, other
than
those directly operated by the State of Illinois, which cares for disabled,
neglected,
delinquent, and/or dependent children.
b)
“Foster
Family Home”: an individual residential unit which cares for one or more
disabled,
neglected, delinquent, or dependent children who are not members of
the
primary family. Such a home accepts foster children for care under specific
and
written authority of a municipal, county, or State agency authorized to
make
such
placement.
c)
“State
Residential Units”: residential housing units which are directly operated
by
the State of Illinois, on property owned by the State, and primarily funded
by
an
agency of the State.
CH.
I, S.226.330
SUBTITLE
A
SUBCHAPTER
f
Section
226.330 Placement by School District in State-Operated or Nonpublic Special
Education
Facilities
When
an IEP Team determines that no less restrictive setting on the continuum
of alternative
placements
will meet a child’s needs, the child may be placed in a State-operated
or nonpublic
special
education facility. In such a case, use of a State-operated program should
be given first
consideration.
However, the district shall refer the child to the agency or facility which
is most
appropriate
to the individual situation. This determination shall be based upon recent
diagnostic
assessments
and other pertinent evidence and made in light of such other factors as
proximity to
the
child's home. Evidence of a condition that presents a danger to the physical
well-being of the
student
or to other students may be taken into consideration in identifying the
appropriate
placement
for a particular child.
a)
When
it appears that a child will require a placement pursuant to this Section,
the
IEP
Team shall invite representatives of potential service providers to assist
in
identifying
or verifying the appropriate placement for that child. If one or more
needed
representatives cannot attend, the district shall use other methods to
ensure
their participation.
b)
The
local school district is responsible for ensuring implementation of the
child’s
IEP
and convening any needed IEP meetings, including the annual review. If
the
district
allows a State-operated or nonpublic school to initiate and conduct the
IEP
meeting, the district must ensure that the parent and a representative
of the
district
are invited to participate in any decision about the child’s IEP and
agree to
any
proposed changes in the program before the changes are implemented. The
district
remains responsible for the development and implementation of the
child’s
IEP and for compliance with the requirements of this Part.
c)
No
school district shall place any child in a nonpublic special education
program,
nor
shall any such program accept placement of any child with a disability
under
Section
14-7.02 of the School Code [105 ILCS 5/14-7.02], unless all the
following
conditions have been met.
1)
The
program has been approved by the State Board of Education for the
school
year for which placement is sought.
2)
The
allowable costs for the program have been established pursuant to
Section
14-7.02 of the School Code.
3)
The
district has made the certification of inability to meet the student’s
needs
to the State Superintendent of Education required pursuant to
Section
14-7.02 of the School Code and the State Superintendent has
CH.
I, S.226.330
SUBTITLE
A
SUBCHAPTER
f
found
the district in substantial compliance with Section 14-4.01 of the
School
Code [105 ILCS 5/14-4.01].
4)
The
program has been approved by the State Board of Education for all of
the
disability categories applicable to the student and requiring services
pursuant
to the IEP.
5)
The
program has been approved by the State Board of Education for the
age
range that includes the age of the student.
6)
The
district has determined that all educational programming and related
services
specified on the child’s IEP will be provided by the facility. The
use
of a nonpublic facility does not relieve the local school district of the
responsibility
for ensuring the provision of all programming and related
services
required by the IEP.
7)
The
school district and the facility have entered into the contractual
agreement
required by subsection (d) of this Section.
8)
The
child will receive an education that meets the standards applicable to
education
provided by the school district.
d)
If
a nonpublic school placement is chosen, the district and the facility shall
enter
into
an agreement utilizing a format provided by the State Board of Education.
The
agreement shall provide for, but need not be limited to:
1)
The
child's IEP, as developed by the local school district;
2)
The
amount of tuition that will be charged;
3)
Assurance
that the special education staff of the placing school district
may
inspect the private facility and confer with the staff at reasonable
times;
and
4)
Assurances
that the placement will result in no cost to parents.
e)
When
a nonpublic facility is used, the school district shall be responsible
for the
payment
of tuition and the provision of transportation as provided by Section 14-
7.02
of the School Code. (See also Section 226.750(e) of this Part.)
f)
Each
local school district shall be responsible for monitoring the performance
of
each
State-operated or nonpublic facility where it has placed one or more eligible
CH.
I, S.226.330
SUBTITLE
A
SUBCHAPTER
f
students,
to ensure that the implementation of each IEP conforms to the applicable
requirements
of this Part.
CH.
I, S.226.340
SUBTITLE
A
SUBCHAPTER
f
Section
226.340 Nonpublic Placements by Parents
Except
as provided in 34 CFR 300.403, a parent who elects to place a child in
a nonpublic school
or
facility without the consent or referral of the local school district is
not entitled to have the
district
pay for that placement if the district made or attempted to make FAPE available
to the
child.
a)
Disagreements
between a parent and a school district regarding the district’s
provision
of an appropriate program for a particular child shall be resolved by
means
of the due process afforded pursuant to Subpart G of this Part.
b)
No
child who is placed into a nonpublic facility by his or her parent(s) without
the
consent
or referral of the local school district has an individual right to receive
the
special
education and related services that the child would receive if enrolled
in
the
district. Instead, a district’s services to such children are subject
to the
provisions
of Section 226.350 of this Part.
CH.
I, S.226.350
SUBTITLE
A
SUBCHAPTER
f
Section
226.350 Service to Children in Private Schools
a)
To
the extent consistent with their number and locations in the State, provision
must
be made by school districts for services to children with disabilities
who
have
been enrolled in private schools by their parents.
1)
Each
school district shall consult annually with representatives of private
schools
in light of the funding available for serving their students, the
number
of such students, their needs, and their respective locations to
decide:
A)
Which
children will receive services;
B)
What
services will be provided;
C)
How
the services will be provided;
D)
How
the services provided will be evaluated; and
E)
Where
the services will be provided.
2)
Each
school district shall give representatives of private schools a genuine
opportunity
to express their views regarding each matter that is subject to
the
consultation requirements of this subsection (a).
3)
The
consultation required by this subsection (a) shall occur before the
school
district makes any decision that affects the opportunities of private
school
children with disabilities to participate in services.
4)
The
school district shall make the final decisions with respect to the
services
to be provided to eligible children who are enrolled in private
schools.
5)
The
school district shall maintain a written record of actions taken in
compliance
with the requirements of this subsection (a).
b)
The
services provided by a school district to children with disabilities enrolled
in
private
schools shall be comparable in quality to the services provided to
eligible
children enrolled in the district. “Comparable in quality” means provided
by
similarly qualified personnel.
1)
Eligible
students in private schools may receive a different amount of
services
than eligible children in public schools.
CH.
I, S.226.350
SUBTITLE
A
SUBCHAPTER
f
2)
No
individual child must receive a specific service or receive the same
amount
of service the child would receive in a public school.
3)
For
any child served pursuant to this Section, the school district shall
develop
a service plan that identifies the services that the district will
provide
to the child. The plan shall meet the requirements of Section
226.230
of this Part and shall be developed, reviewed, and revised
consistent
with Sections 226.200, 226.210, 226.220, and 226.530 of this
Part.
c)
Services
may be provided on site at a child's private school, including a
religiously
affiliated school, to the extent consistent with the provisions of IDEA
(20
USC 1413(d)).
d)
Transportation
to and from a site other than the private school shall be provided if
necessary
for a child to benefit from or participate in the services offered by the
district
at that site. This includes transportation from the service site to the
private
school or to the child’s home, depending upon the timing of services.
e)
When
a student receives services from a school district pursuant to this Section,
the
procedural safeguards described in Subpart F of this Part shall be available
only
with respect to complaints that the district has failed to fulfill the
requirements
of this Section. The due process requirements of Subpart G of this
Part
shall not apply.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.400
SUBTITLE
A
SUBCHAPTER
f
SUBPART
E: DISCIPLINE
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)
convene
an IEP meeting to develop a plan for a functional behavioral
assessment
for the child and, as soon as possible thereafter, develop a
behavioral
intervention plan for the child in light of that assessment.
CH.
I, S.226.400
SUBTITLE
A
SUBCHAPTER
f
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
CH.
I, S.226.400
SUBTITLE
A
SUBCHAPTER
f
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 or a condition which is,
or results
from,
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;
2)
Adhere
to the requirement of Section 10-22.6(a) of the School Code
regarding
meeting with the parent(s); and
3)
Maintain
the child in an appropriate placement.
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.
CH.
I, S.226.410
SUBTITLE
A
SUBCHAPTER
f
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.
d)
The
IEP Team 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.
CH.
I, S.226.410
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.420
SUBTITLE
A
SUBCHAPTER
f
Section
226.420 Appeals
a)
If
the child’s parent disagrees with a determination that the child’s
behavior was not a
manifestation
of the disability or with any disciplinary decision regarding placement,
the
parent may request an expedited due process hearing in accordance with
Subpart
G
of this Part.
b)
The
local school district, upon receiving the parent’s request for a due
process
hearing,
shall immediately initiate the procedure set forth in Section 226.615 of
this
Part
to request an expedited due process hearing.
c)
If
a parent requests a due process hearing to challenge the interim alternative
educational
setting or the manifestation determination, the child shall remain in the
interim
alternative educational setting pending the decision of the hearing officer
or
until
the expiration of the 45-day period, whichever occurs first, unless the
parent and
the
district agree otherwise. The same shall apply if a parent appeals the
decision of a
hearing
officer in this regard.
d)
If
a child’s IEP Team proposes a new placement to take effect upon the expiration
of
an
interim placement, and if the child’s parent wishes to challenge that
new
placement,
the child shall return to the placement previously set forth in his or
her
IEP
(i.e., prior to placement in the interim alternative educational setting)
during the
pendency
of any due process hearing, except as provided in subsection (e) of this
Section.
(For purposes of this subsection (d), “new placement” may mean placement
in
the same alternative educational setting that was used as an interim alternative.)
e)
If
school personnel consider that it is too dangerous for the child to be
returned to the
current
placement, the district may request an expedited due process hearing to
extend
the length of time the student may remain in the interim alternative
educational
setting. (See Section 226.655 of this Part.)
CH.
I, S.226.430
SUBTITLE
A
SUBCHAPTER
f
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; 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.
CH.
I, S.226.430
SUBTITLE
A
SUBCHAPTER
f
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.
CH.
I, S.226.440
SUBTITLE
A
SUBCHAPTER
f
Section
226.440 Referral to and Action by Law Enforcement and Judicial Authorities
a)
Nothing
in this Part prohibits a local school district from reporting a crime
committed
by a child with a disability to appropriate authorities; or prevents state
law
enforcement and judicial authorities from exercising their responsibilities
with
regard to the application of federal and state law to crimes committed
by a
child
with a disability.
b)
A
local school district reporting a crime committed by a child with a disability
shall
ensure that copies of the special education and disciplinary records of
the
child
are transmitted for consideration by the authorities to whom it reports
the
crime,
to the extent permitted by the Illinois School Student Records Act [105
ILCS
10], the Mental Health and Developmental Disabilities Confidentiality Act
[740
ILCS 110], and the Family Educational Rights and Privacy Act (20 USC
1232(g)).
CH.
I, S.226.500
SUBTITLE
A
SUBCHAPTER
f
SUBPART
F: PROCEDURAL SAFEGUARDS
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 such a way as to accommodate the primary language or other
mode
of communication of the respective 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.
CH.
I, S.226.510
SUBTITLE
A
SUBCHAPTER
f
Section
226.510 Notification of Parents’ Rights
a)
A
written notification conforming to the requirements of subsection (b) of
this
Section
shall be given to parents on at least the following occasions:
1)
Upon
a child’s initial referral for evaluation;
2)
Along
with each notification of an IEP meeting;
3)
Along
with each request for consent for the reevaluation of a child; and
4)
Upon
receipt of a request for due process pursuant to this Part.
b)
The
notification required by this Section shall include a full explanation
of all of
the
rights available to parents concerning:
1)
Independent
educational evaluation;
2)
Prior
written notice;
3)
Parental
consent;
4)
Inspection
and review of all educational records having to do with:
A)
The
identification, evaluation, and educational placement of the
child;
and
B)
The
provision of FAPE to the child;
5)
The
opportunity to file a written complaint with the Illinois State Board of
Education
as described in Section 226.570 of this Part;
6)
Procedures
for students who are subject to placement in an interim
alternative
educational setting;
7)
Requirements
for parents’ unilateral placement of children in private
schools
at public expense;
8)
Mediation
services;
9)
Due
process hearings, including requirements for disclosure of evaluation
results
and recommendations;
CH.
I, S.226.510
SUBTITLE
A
SUBCHAPTER
f
10)
A
child's placement during the pendency of due process proceedings;
11)
Civil
actions; and
12)
Attorneys'
fees.
CH.
I, S.226.520
SUBTITLE
A
SUBCHAPTER
f
Section
226.520 Notification of District’s Proposal
Ten
days before a school district proposes or refuses to initiate or change
the identification,
evaluation,
or educational placement of, or the provision of FAPE to, a child, the
district shall
provide
written notice to the parent to that effect.
a)
If
the notice relates to an action proposed by the school district that also
requires
parental
consent, the district may give notice at the same time as it requests
consent.
b)
The
notice required by this Section shall include:
1)
A
description of the action proposed or refused by the district;
2)
An
explanation of why the district proposes or refuses to take the action;
3)
A
description of any other options that the district considered and the
reasons
why those options were rejected;
4)
A
description of each evaluation procedure, test, record, or report the
district
used as a basis for the proposed or refused action;
5)
A
description of any other factors that are relevant to the district's
proposal
or refusal;
6)
A
statement that the parents of an eligible child are protected by the
procedural
safeguards of this Part, and an indication of the means by
which
a description of those procedural safeguards may be obtained;
7)
Sources
for parents to contact to obtain assistance in understanding the
provisions
of this Part; and
8)
If
a meeting will be held, the information required by Section
226.530(b)(1)
of this Part.
c)
A
parent may waive the ten-day notice period before placement, allowing the
district
to place the child in the recommended program as soon as practicable.
CH.
I, S.226.530
SUBTITLE
A
SUBCHAPTER
f
Section
226.530 Parents’ Participation
a)
Nothing
in this Part precludes routine communication and consultation from
occurring
among school employees without parents in attendance, including
preparatory
activities that school personnel engage in to develop a proposal or a
response
to a parent’s proposal that will be discussed at an IEP meeting.
b)
Whenever
a meeting is to be held which a parent has a right to attend, the
requirements
of this subsection (b) shall apply.
1)
No
later than ten days prior to the proposed date of the meeting, except for
a
meeting convened pursuant to Section 226.400(g) of this Part, the
district
shall notify the parents in writing of the purpose of the meeting,
the
proposed date, time, and place for the meeting, who else will be in
attendance,
and the parent’s right to invite other individuals with
knowledge
or special expertise regarding the child. If a parent indicates
that
the proposed date or time is inconvenient, the district shall make
reasonable
efforts to accommodate the parent’s schedule.
2)
If
neither parent can attend, the district shall use other methods to attempt
to
secure at least one parent’s participation, including rescheduling the
meeting,
individual or conference telephone calls, or use of such other
means
of communication as may be available.
3)
A
meeting may be conducted without a parent in attendance if the district
is
unable to obtain the parent’s participation. In this case, the district
shall
maintain
a record of its attempts to arrange a mutually agreed on time and
place,
such as:
A)
Detailed
records of telephone calls made or attempted and the
results
of those calls;
B)
Copies
of correspondence sent to the parents and any responses
received;
and
C)
Detailed
records of visits made to the parent's home or place of
employment
and the results of those visits.
4)
The
district shall take whatever action is necessary to facilitate the
parent’s
understanding of and participation in the proceedings at a
meeting,
including arranging for an interpreter for parents who are deaf or
whose
native language is other than English.
CH.
I, S.226.530
SUBTITLE
A
SUBCHAPTER
f
5)
Any
document generated during the meeting, including a copy of the IEP,
shall
be provided to the parent upon request, unless an applicable federal
or
State statute or federal regulation requires its automatic provision
without
a request.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.540
SUBTITLE
A
SUBCHAPTER
f
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)
Parental
consent shall be obtained before conducting any reevaluation of a child.
If
a parent fails or refuses to provide consent for a required triennial reevaluation
within
ten days after the district requests it, the district shall request a due
process
hearing.
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
CH.
I, S.226.540
SUBTITLE
A
SUBCHAPTER
f
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.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.550
SUBTITLE
A
SUBCHAPTER
f
Section
226.550 Surrogate Parents
a)
Whenever
the parent or guardian of a child who is or may be eligible for services
pursuant
to this Part is not known or unavailable, or when the child is a ward of
the
State living in a residential facility, a person shall be assigned to act
as a
surrogate
parent for the child in matters relating to the identification, evaluation,
and
educational placement of the child and the provision of a free, appropriate
public
education to the child.
1)
A
foster parent is considered a parent for the purposes of this Section,
so a
child
residing with a foster parent does not require a surrogate parent to
represent
him or her in educational matters.
2)
When
a child who is a ward of the State is placed in a residential facility,
a
representative
of that facility shall submit to the State Board of Education
a
request for the appointment of a surrogate parent if the district has not
already
done so.
b)
The
State Board of Education shall appoint a surrogate parent for each child
who
requires
one, in keeping with the following requirements.
1)
All
reasonable efforts shall be made to secure a surrogate parent whose
racial,
linguistic, and cultural background is similar to the child’s.
2)
The
surrogate parent shall have been trained by the State Board.
3)
The
surrogate parent shall have no interest that conflicts with the interests
of
the child he or she will represent.
4)
The
surrogate parent shall have the knowledge and skills needed to ensure
adequate
representation of the child.
5)
An
individual may not be appointed as a surrogate parent for a child if he
or
she is:
A)
employed
by the State Board of Education;
B)
employed
by the school district in which the child is enrolled; or
C)
employed
by any other agency involved in the child’s education.
CH.
I, S.226.550
SUBTITLE
A
SUBCHAPTER
f
c)
When
a surrogate parent is appointed, the State Board of Education shall provide
written
notification to the local school district, the individual appointed, and,
if
applicable,
the residential facility of the name and address of the surrogate parent,
the
specific responsibilities to be fulfilled, and the length of time for which
the
appointment
is valid.
d)
Any
person participating in good faith as a surrogate parent on behalf of a
child
before
school officials or a hearing officer shall have immunity from civil or
criminal
liability that otherwise might result by reason of such participation,
except
in cases of willful and wanton misconduct.
e)
The
services of any person assigned as a surrogate parent shall be terminated
if
the
child’s parent or guardian becomes available.
f)
When
a child living in a residential facility no longer requires a surrogate
parent,
a
representative of the facility shall notify the State Board of Education
in writing
to
that effect. This notification shall include the reason for withdrawal
of the
request.
g)
When
a surrogate parent’s appointment is terminated, the State Board of
Education
shall so notify the surrogate parent, the local school district, and, if
applicable,
the residential facility.
CH.
I, S.226.560
SUBTITLE
A
SUBCHAPTER
f
Section
226.560 Mediation
Each
school district shall inform parents that the State Board of Education
offers a process of
mediation
that can be used when there are disputes regarding the identification,
evaluation, or
placement
of, or the provision of FAPE to, a child. This notification shall be provided
at least
whenever
a due process hearing is requested.
a)
Each
district shall ensure that, when used, the mediation process:
1)
Is
voluntarily entered into by all parties; and
2)
Is
not used to deny or delay a parent's right to a due process hearing, or
to
deny
any other rights afforded under this Part.
b)
If
either party is interested in participating in mediation, that party shall
contact
the
State Board of Education.
c)
Each
session in the mediation process shall be scheduled in a timely manner
and
held
in a location that is convenient to the parties involved in the dispute.
d)
Discussions
that occur during mediation shall be confidential and may not be used
as
evidence in any subsequent due process hearings or civil proceedings. The
parties
to mediation may be required to sign a confidentiality pledge prior to
the
commencement
of the process.
e)
Any
agreement reached in the course of mediation shall be set forth in writing
and
shall
be consistent with applicable federal and State laws and regulations.
f)
The
State Board of Education shall maintain a list of individuals who are
qualified
mediators and knowledgeable about the laws and regulations relating to
the
provision of special education and related services.
g)
Mediators
shall be selected by the State Board from its list by rotation.
h)
The
State Board of Education shall bear the cost of sending a mediator to sessions
held
pursuant to this Section and other, incidental costs.
CH.
I, S.226.570
SUBTITLE
A
SUBCHAPTER
f
Section
226.570 Complaints
a)
A
parent, individual, organization, or advocate may file a signed, written
complaint
with the State Board of Education alleging that a local school district,
cooperative
service unit or the State has violated the rights of one or more
children
with disabilities. Such a complaint shall include:
1)
A
statement that a responsible public entity has violated a requirement of
this
Part;
2)
The
facts on which the statement is based; and
3)
The
name(s) of the student(s) involved, if known.
b)
A
complaint shall only be considered if it alleges that the violation occurred
not
more
than one year prior to the date on which the complaint is received, unless
a
longer
period is reasonable because the violation is continuing, or the complainant
is
requesting compensatory services for a violation that occurred not more
than
three
years prior to the date on which the complaint is received.
c)
Each
complaint that complies with the requirements of subsections (a) and (b)
of
this
Section shall be investigated within 60 days after its receipt by the State
Board
of Education. An extension of that time limit is allowed if exceptional
circumstances
exist with respect to a particular complaint.
d)
Upon
completion of the State Board’s investigation, the agency shall issue
a letter
of
findings that sets forth:
1)
the
allegations of the complaint;
2)
findings
of fact and conclusions;
3)
the
reasons for the decision; and
4)
orders
for any actions that are necessary to bring a school district into
compliance
with applicable requirements.
e)
If
a written complaint is received by the State Board of Education involving
one
or
more issues that are also the subject of a due process hearing, the State
Board
shall
hold those portions of the complaint in abeyance pending the completion
of
the
hearing. However, any issues that are not the subject of the hearing shall
be
resolved
as provided in this Section.
CH.
I, S.226.570
SUBTITLE
A
SUBCHAPTER
f
f)
If
a complaint is filed about an issue that has previously been decided in
a due
process
hearing involving the same parties, the decision arising from that hearing
shall
be considered binding, and the State Board shall inform the complainant
to
that
effect. A complaint alleging a local school district’s failure to implement
a
decision
arising from due process, however, shall be resolved by the State Board
pursuant
to Section 226.675 of this Part.
CH.
I, S.226.600
SUBTITLE
A
SUBCHAPTER
f
SUBPART
G: DUE PROCESS
Section
226.600 Calculation of Timelines
In
calculating the timelines specified in this Subpart G, Section 1.11 of
the Statute on Statutes [5
ILCS
70/1.11] shall apply. The first day shall be excluded and the last day
shall be included,
unless
the last day is Saturday, Sunday, or a holiday as defined or fixed in any
statute now or
hereafter
in force in this State, in which case it shall be excluded. If the day
succeeding such
Saturday,
Sunday, or holiday is also a holiday or Saturday or Sunday, then such succeeding
day
shall
also be excluded.
CH.
I, S.226.605
SUBTITLE
A
SUBCHAPTER
f
Section
226.605 Request for Hearing; Basis
A
parent, a school district, or a student may request an impartial due process
hearing for any
reason
connected to the identification, evaluation, or placement of, or the provision
of services
to,
a student who is or may be eligible pursuant to this Part. No other party
shall have standing
to
submit such a request. The school district or public agency must insure
that all requests or
notices
pursuant to due process are maintained in a confidential manner consistent
with the
Illinois
School Student Records Act and the rules of the State Board of Education
at 23 Ill. Adm.
Code
375.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.610
SUBTITLE
A
SUBCHAPTER
f
Section
226.610 Information to Parents Concerning Right to Hearing
a)
Each
school district shall inform parents in writing of their right to a hearing
and
of
the procedures for requesting one. The district shall notify the parent
of the
information
the parent must provide when requesting a hearing, in one of the
following
ways:
1)
The
district may provide the parent with a model form designed by the
State
Board of Education in accordance with 34 CFR 300.507(c)(1)(v)(3);
or
2)
The
district may inform the parent that the request for a hearing must
include
the following information:
A)
the
name of the child;
B)
the
address of the child’s residence;
C)
the
name of the school the child is attending;
D)
a
description of the nature of the problem relating to the proposed
or
refused initiation or change, including facts relating to the
problem;
E)
a
proposed resolution of the problem, to the extent known and
available
to the parents at the time; and
F)
if
known, whether the parents will be represented by legal counsel.
b)
The
director of special education shall assist parents in taking whatever action
is
necessary
to use the hearing process.
c)
The
district shall inform the parents of the availability of mediation and
of any
free
or low-cost legal services and other publicly funded advocacy services
available
in the area if the parent requests the information, or if the parent or
the
district
initiates a hearing.
d)
The
local education agency may develop procedures that require the parents
who
elect
not to use the mediation process to meet, at a time and location convenient
to
the parents, with a disinterested party who is under contract with a parent
training
and information center or community parent resource center in the State
that
is funded through a federal grant under IDEA.
CH.
I, S.226.610
SUBTITLE
A
SUBCHAPTER
f
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.615
SUBTITLE
A
SUBCHAPTER
f
Section
226.615 Procedure for Request
Pursuant
to Section 226.605 of this Part, the local school district, the parent
of any student
resident
within the district, or the student may request an impartial due process
hearing. A
parent’s
or student’s request for a hearing shall be made in writing to the superintendent
of the
school
district in which the student is a resident. The district shall provide
any assistance that
may
be necessary to enable a person requesting a due process hearing to meet
any related
requirements.
(See Section 226.655 of this Part for requirements pertaining to expedited
due
process
hearings.)
a)
If
the district makes the request, it shall be sent in writing to the State
Board of
Education
in Springfield, and at the same time a copy shall be sent to the other
party.
This letter shall include the information set forth in subsections (b)(1)(A),
(C)
and (D) of this Section.
b)
When
a district receives a request for a hearing from a parent or from a student,
then
within five days after its receipt of the request the district shall:
1)
Send
a letter to the State Board of Education in Springfield requesting the
appointment
of an impartial due process hearing officer. This letter shall
be
delivered by certified mail or another means that provides written
evidence
of the delivery and shall include:
A)
the
name, address, and telephone number of the student and the
parent,
and of the person making the request for the hearing if
other
than the student or the parent;
B)
the
date on which the request for the hearing was received by the
local
school district;
C)
the
nature of the controversy to be resolved;
D)
the
remedy being sought;
E)
the
primary language spoken by the parents and student; and
F)
a
copy of the request.
2)
Send
to the person requesting the hearing, by certified mail or another
means
providing written evidence of delivery, a copy of the letter sent to
the
State Superintendent.
CH.
I, S.226.615
SUBTITLE
A
SUBCHAPTER
f
A)
If
the hearing has been requested by the district or the student, the
district
shall inform the parents by certified mail of the request and
invite
them to participate in the proceedings.
B)
All
references to parents made in the remainder of this Subpart G
shall
be understood to include both the parents and the person
requesting
the hearing.
CH.
I, S.226.620
SUBTITLE
A
SUBCHAPTER
f
Section
226.620 Denial of Hearing Request
A
request for an impartial due process hearing that conforms with Section
226.605 of this Part
may
not be denied for any reason.
CH.
I, S.226.625
SUBTITLE
A
SUBCHAPTER
f
Section
226.625 Rights of the Parties Related to Hearings
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 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.
The hearing officer may reschedule the hearing to permit full disclosure.
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
CH.
I, S.226.625
SUBTITLE
A
SUBCHAPTER
f
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.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.630
SUBTITLE
A
SUBCHAPTER
f
Section
226.630 Qualifications, Training, and Service of Impartial Due Process
Hearing
Officers
a)
In
order to be considered for training as an impartial due process hearing
officer,
an
individual either must hold a master’s degree or a juris doctor degree
or must
hold
a bachelor’s degree in combination with relevant experience.
1)
For
purposes of this Subpart G, “relevant experience” means at least three
years’
experience, whether paid or voluntary, in special education,
disability-related
issues, or advocacy.
2)
EMPLOYEES
OF THE STATE BOARD OF EDUCATION, SCHOOL
DISTRICTS,
SPECIAL EDUCATION COOPERATIVES, REGIONAL
SERVICE
AREAS OR CENTERS, REGIONAL EDUCATIONAL
COOPERATIVES,
STATE-OPERATED ELEMENTARY AND
SECONDARY
SCHOOLS, OR PRIVATE PROVIDERS OF SPECIAL
EDUCATION
FACILITIES OR PROGRAMS MAY NOT SERVE AS
IMPARTIAL
DUE PROCESS HEARING OFFICERS. [105 ILCS 5/14-
8.02a(c)]
3)
Except
as provided in Section 14-8.02a(f) of the School Code, former
employees
of, and current or former contractors to, the State Board of
Education,
school districts, special education cooperatives, regional
service
areas or centers, regional educational cooperatives, state-operated
elementary
and secondary schools, or private providers of special
education
facilities or programs shall not be disqualified as potential
hearing
officers by virtue of such employment or service.
b)
An
individual wishing to be considered as an impartial due process hearing
officer
shall submit an application to the State Board. In completing the
application
form, which shall be provided by the State Board, the individual shall
disclose
at least the following information:
1)
name
and address;
2)
degree(s)
held;
3)
current
employment status, including if applicable the employer's name
and
the title of the employee's position;
4)
school
district of residence; and
5)
professional
background and relevant experience.
CH.
I, S.226.630
SUBTITLE
A
SUBCHAPTER
f
c)
Persons
who have complied with the requirements of subsections (a) and (b) of
this
Section shall, if recommended by the Screening Committee pursuant to
Section
14-8.02a(b) of the School Code, then be invited to complete a training
course
conducted as provided in Section 14-8.02a(d) of the School Code. Failure
to
complete this training course successfully shall result in ineligibility
to serve as
a
hearing officer.
d)
Based
on the recommendations of the training entity, interviews, and supporting
information,
the due process screening committee, applying the objective criteria
developed
by the Advisory Council on Education of Children with Disabilities,
shall
recommend to the Advisory Council those candidates to be appointed as
impartial
due process hearing officers. The number of candidates recommended
shall
equal 150% of the number deemed necessary by the State Board of
Education.
e)
Each
hearing officer shall at least annually attend a review session and/or
training
course
pursuant to Section 14-8.02a(d) of the School Code. Failure to attend a
required
review session or training course shall result in the hearing officer's
termination.
f)
Conditions
of Service
Hearing
officers’ terms of service and subsequent reappointment shall be as
provided
in Section 14-8.02a(d) and (e) of the School Code.
1)
A
hearing officer shall accept each case to which he or she is assigned,
unless:
A)
the
hearing officer is ill;
B)
the
hearing officer has a personal, professional, or financial
interest
which would conflict with his or her objectivity with
respect
to a particular case; or
C)
the
hearing officer is ineligible to accept a particular case pursuant
to
Section 226.635(a) of this Part.
2)
A
hearing officer whose other commitments will interfere with his or her
ability
to accept cases for more than 15 days shall so notify the State
Board
of Education in writing.
CH.
I, S.226.635
SUBTITLE
A
SUBCHAPTER
f
Section
226.635 Appointment of Impartial Due Process Hearing Officer
a)
Upon
receipt of a request for a hearing the State Board shall, within five days
(one
day for an expedited hearing) and using the rotation system called for
in
Section
14-8.02a(f) of the School Code, appoint an impartial due process hearing
officer
and notify that individual and the parties of his or her appointment. Prior
to
making any appointment, the State Board shall review the background of
the
prospective
appointee in order to establish that:
1)
the
individual has never been employed by or administratively connected
with
the school district or special education cooperative involved in the
case;
2)
the
individual is not a resident of the district involved; and
3)
the
prospective appointee has no apparent personal, professional, or
financial
interest that would interfere with his or her objectivity regarding
the
matter at issue.
b)
An
appointee who does not meet the requirements set forth in subsection (a)
of
this
Section shall recuse himself or herself within five days after receiving
notification
of the appointment, except that an appointee in an expedited hearing
shall
recuse himself or herself immediately if recusal is necessary. Notification
to
the
State Board of such recusal may occur by telephone, provided that a written
statement
is also supplied.
c)
A
PARTY TO A DUE PROCESS HEARING conducted under Section 14-8.02a
of
the School Code SHALL BE PERMITTED ONE SUBSTITUTION OF A
HEARING
OFFICER AS A MATTER OF RIGHT [105 ILCS 5/14-8.02a(f)]. A
request
for a substitute hearing officer shall be made in writing to the State
Board
of
Education within five days after the verified date of delivery of the notification
at
the last known address. In the event that both parties submit written requests
on
the same day and both should be received simultaneously, the State Board
of
Education
shall deem the substitution to have been at the request of the party
initially
requesting the hearing. The right of the other party to a substitution
will
thereby
be absolutely protected.
d)
Section
14-8.02a(f) of the School Code contemplates two situations requiring the
appointment
of a hearing officer other than the individual who originally receives
the
case under the rotation system and specifies different methods of selecting
a
replacement.
CH.
I, S.226.635
SUBTITLE
A
SUBCHAPTER
f
1)
When
the appointed hearing officer is unavailable or recuses himself or
herself
before the parties are notified of his or her appointment, the State
Board
shall appoint the next scheduled hearing officer under the rotation
system.
2)
When
a hearing officer recuses himself or herself after learning the
circumstances
of a case, or when a party to the hearing submits a proper
request
for substitution, the State Board shall select and appoint another
hearing
officer at random.
CH.
I, S.226.640
SUBTITLE
A
SUBCHAPTER
f
Section
226.640 Scheduling the Hearing and Pre-Hearing Conference
The
provisions of this Section shall not apply to expedited hearings conducted
pursuant to
Section
226.655 of this Part.
a)
Within
five days after receiving written notification by the State Board, the
appointed
hearing officer shall contact the parties to determine a time and place
reasonably
convenient to the parties and otherwise in accordance with Section 14-
8.02a(g)
of the School Code for convening the hearing and pre-hearing
conference.
b)
The
hearing officer shall provide the parties at least ten days’ written
notice of the
dates,
times, and locations of the pre-hearing conference and the hearing.
c)
Either
party may request a delay in convening the hearing and/or the pre-hearing
conference.
The party requesting a delay shall do so in writing to the hearing
officer,
with a copy sent at the same time to the other party. The requesting party
shall
set forth the reasons for the request. The hearing officer shall either
grant or
deny
the request and shall so inform the parties and the State Board of Education
in
writing. The hearing officer shall determine a new time and date for convening
the
hearing and/or pre-hearing conference.
1)
If
the parties jointly propose a delay in convening the hearing or pre-
hearing
conference, it shall be delayed as agreed. The hearing officer,
being
advised of such agreement, shall confirm the delay in writing to the
parties
and the State Board of Education. Such notice shall become part
of
the administrative record.
2)
If
the parties cannot agree to a mutually convenient time and place for
convening
the hearing and/or pre-hearing conference, the hearing officer
shall
fix such time and place, notify the parties in writing, and proceed to
convene
and conduct the pre-hearing conference and hearing, provided
that
the delay shall not continue for a period longer than necessitated by
the
circumstances that precipitated the delay.
CH.
I, S.226.645
SUBTITLE
A
SUBCHAPTER
f
Section
226.645 Conducting the Pre-Hearing Conference
a)
The
hearing officer shall convene the pre-hearing conference in accordance
with
Section
14-8.02a(g) of the School Code.
b)
Any
party to the pre-hearing conference shall be permitted to participate by
teleconference
(Section 14-8.02a(g) of the School Code). It shall be the
responsibility
of the parties to ensure that any information required at the pre-
hearing
conference is received by the hearing officer and the other party at or
prior
to the conference.
c)
At
the conclusion of the pre-hearing conference, the hearing officer shall
prepare
a
report of the conference that shall be entered into the hearing record.
The report
shall
include, but need not be limited to:
1)
the
issues, the order of presentation, and any scheduling accommodations
that
have been made for the parties or witnesses;
2)
a
determination of the relevance and materiality of documents or
witnesses,
if raised by a party or the hearing officer; and
3)
such
stipulations of fact as have been agreed to during the pre-hearing
conference.
d)
The
provisions of this Section shall not apply to expedited hearings conducted
pursuant
to Section 226.655 of this Part.
CH.
I, S.226.650
SUBTITLE
A
SUBCHAPTER
f
Section
226.650 Child’s Status During Due Process Hearing
a)
Except
as provided in Section 226.655 of this Part, during the pendency of any
administrative
or judicial proceeding regarding a due process hearing decision,
the
child shall remain in his or her current educational placement unless the
State
or
local agency and the parents of the child agree otherwise.
b)
If
the due process hearing involves an application for initial admission to
the
public
school, the child, with the consent of the parents, shall be placed in
the
public
school until the completion of all the proceedings.
c)
If
the decision of a hearing officer agrees with the child’s parents that
a change of
placement
is appropriate, that placement shall be treated as an agreement between
the
State or local agency and the parents for purposes of subsection (a) of
this
Section.
CH.
I, S.226.655
SUBTITLE
A
SUBCHAPTER
f
Section
226.655 Expedited Due Process Hearing
Requests
for expedited due process hearings shall be made in accordance with Section
14-8.02b
of
the School Code.
a)
The
State Board of Education shall arrange for an expedited hearing when:
1)
The
local school district requests such a hearing because school personnel
maintain
that it is dangerous for the child to be in the current placement.
2)
The
parent requests such a hearing because the parent disagrees with the
district’s
placement decision when a child is moved to an interim
alternative
educational setting for a weapon or drug violation.
3)
The
parent requests such a hearing because the parent disagrees with the
district’s
determination that a child’s behavior was not a manifestation of
the
child’s disability.
b)
During
the pendency of an expedited hearing, the child’s placement shall be
the
interim
alternative educational setting that was determined appropriate by the
IEP
Team.
c)
The
hearing officer shall determine:
1)
whether
the child shall be placed in the proposed alternative educational
setting;
or
2)
whether
the local school district has demonstrated that the child’s behavior
was
not a manifestation of the child’s disability (see Section 226.410 of
this
Part).
d)
The
hearing officer shall consider the following factors in determining whether
an
interim
alternative placement is appropriate:
1)
Whether
the local school district has demonstrated by substantial evidence
(i.e.,
beyond a preponderance of the evidence) that maintaining the current
placement
of the child is substantially likely to result in injury to the child
or
to others;
2)
Whether
the child's current placement is appropriate;
CH.
I, S.226.655
SUBTITLE
A
SUBCHAPTER
f
3)
Whether
the district has made reasonable efforts to minimize the risk of
harm
in the child's current placement, including the use of supplementary
aids
and services; and
4)
Whether
the interim alternative educational setting will permit full
implementation
of the student’s IEP and includes services and
modifications
designed to prevent the undesired behavior from recurring.
e)
If
all the conditions set forth in subsection (d) of this Section are met,
the hearing
officer
shall order a change in the child’s placement to an appropriate interim
alternative
educational setting for not more than 45 days.
1)
This
new alternative educational setting shall be identified by the IEP
Team
as provided in Section 226.400(h) of this Part.
2)
If
the district demonstrates that the student is substantially likely to injure
himself
or herself or others if returned to the placement that was used prior
to
the student’s removal, the hearing officer may order that the student
remain
in the interim setting for subsequent periods of up to 45 days each.
f)
An
expedited hearing shall result in a decision within ten school days after
the
request
for the hearing, unless the parents and the local school district agree
otherwise.
CH.
I, S.226.660
SUBTITLE
A
SUBCHAPTER
f
Section
226.660 Powers and Duties of Hearing Officer
a)
ONCE
APPOINTED, THE IMPARTIAL DUE PROCESS HEARING OFFICER
SHALL
NOT COMMUNICATE WITH THE STATE BOARD OF
EDUCATION
OR ITS EMPLOYEES CONCERNING THE HEARING [105
ILCS
5/14-8.02a(g)]and shall not initiate or participate in any ex parte
communications
with the parties, except as provided in Section 14-8.02a(g) or 14-
8.02b
of the School Code, as applicable.
b)
The
hearing officer shall disclose any actual or potential conflict of interest
to the
parties
upon learning of such a conflict.
c)
The
hearing officer shall conduct the hearing and, with respect to the hearing,
shall
have, but is not limited to, the following powers:
1)
To
administer, or to authorize the court reporter to administer, oaths;
2)
To
examine witnesses;
3)
To
authorize the issuance of subpoenas;
4)
To
rule upon the admissibility of evidence;
5)
To
order independent evaluations;
6)
To
grant specific extensions of time;
7)
To
read into the hearing record any stipulations of fact and other matters
agreed
upon at the pre-hearing conference and to enter into the record any
pre-hearing
orders;
8)
To
render decisions and issue orders and clarifications.
d)
The
hearing officer shall comply with timelines established in Section 14-8.02a
or
Section
14-8.02b of the School Code, as applicable.
CH.
I, S.226.665
SUBTITLE
A
SUBCHAPTER
f
Section
226.665 Record of Proceedings
The
hearing officer shall ensure that an electronic verbatim record of the
hearing is made in the
format
of the parent’s choice (such as by tape recording or by a court reporter).
The hearing
officer
shall also ensure that all written evidence presented at the hearing is
marked to indicate
the
party offering the evidence and is made part of the administrative record.
The parents or the
district
may obtain a copy of the verbatim record of the hearing. The State Board
and the district
shall
share equally the cost of providing these copies.
CH.
I, S.226.670
SUBTITLE
A
SUBCHAPTER
f
Section
226.670 Decision of Hearing Officer; Clarification
a)
Within
ten days after the conclusion of the hearing (two days for an expedited
hearing),
the hearing officer shall issue a written decision that sets forth the
issues
in
dispute, findings of fact based upon the evidence and testimony presented,
and
the
hearing officer's conclusions of law and orders. The hearing officer shall
order
the parties to take all steps necessary to ensure appropriate placement
and
services
for any student found to be eligible for special education services. The
hearing
officer shall specify the procedures necessary to ensure timely
compliance
with his or her order, in accordance with Section 14-8.02a(j) of the
School
Code.
b)
The
hearing officer's decision shall be sent by certified mail to the parties
enumerated
in Section 14-8.02a(h) of the School Code. The decision shall be
translated
into the native language of the parents if their primary language is other
than
English.
c)
The
written decision shall be binding upon the parties unless a party aggrieved
by
the
decision commences a civil action as provided in Section 14-8.02a(i) of
the
School
Code.
d)
As
provided in Section 14-8.02a(h) of the School Code, the hearing officer
shall
retain
jurisdiction after issuance of his or her decision for the sole purpose
of
considering
a request for clarification. A request for clarification shall be
submitted
and acted upon as provided in Section 14-8.02a(h) of the School Code.
In
the case of an expedited hearing, the hearing officer shall retain jurisdiction
either
until the 45
th
day
after the initial removal of the student or until 45 days
after
that hearing officer’s latest decision in the case.
e)
The
hearing decision, if not appealed pursuant to subsection (c) of this Section,
shall
be enforced by the State Board as provided in Section 226.675 of this Part.
CH.
I, S.226.675
SUBTITLE
A
SUBCHAPTER
f
Section
226.675 Monitoring and Enforcement of Decisions; Notice of Ineligibility
for Funding
Upon
receipt of the hearing officer's decision, the State Board of Education
shall review the
decision
and monitor compliance by the parties with the terms of the decision. If
the district fails
to
comply with the decision in the time specified by the hearing officer,
the State Board of
Education
shall notify the parties in writing by certified mail that it finds the
district to be in
noncompliance
with the decision, and that the noncompliance may result in loss of recognition
status
of the district's programs by the State, withholding of State or federal
funds which the
district
would otherwise be eligible to receive, or in other enforcement action
unless the district
remedies
the noncompliance within the time period specified in the notice of noncompliance.
CH.
I, S.226.680
SUBTITLE
A
SUBCHAPTER
f
Section
226.680 Reporting of Decisions
The
State Board of Education shall, after deleting all personally identifiable
information and
indexing
by subject matter, make the decisions of impartial due process hearing
officers
available
to the Illinois State Advisory Council on Education of Children with Disabilities,
to
impartial
due process hearing officers, and to the Screening Committee established
pursuant to
Section
14-8.02a(b) of the School Code. This information shall also be available
to other
interested
parties upon request.
CH.
I, S.226.690
SUBTITLE
A
SUBCHAPTER
f
Section
226.690 Transfer of Parental Rights
a)
When
a student with a disability reaches the age of majority (18 years of age;
see
755
ILCS 5/11-1) or becomes an emancipated minor pursuant to the
Emancipation
of Mature Minors Act [750 ILCS 5/Art. 11a] (except for a student
with
a disability who has been adjudged as a disabled person pursuant to 755
ILCS
5/Art. 11a-1):
1)
The
school district shall provide any notice required by this Part to both
the
individual and the parents, and all other rights accorded to parents
under
Part B of the Individuals with Disabilities Education Act, the
implementing
regulations at 34 CFR 300, and this Part shall transfer to the
student;
and
2)
All
rights accorded to parents under Part B of the Individuals with
Disabilities
Education Act, the implementing regulations at 34 CFR 300,
and
this Part shall transfer to a child who is incarcerated in an adult or
juvenile,
State, or local correctional institution.
b)
Whenever
rights are transferred to a student pursuant to this Section, the district
shall
notify the student and the parents of the transfer of rights.
c)
All
notices that are required under this Part and 34 CFR 300 shall be provided
to
the
student and the parent after the student reaches the age of majority.
(Source:
Amended at 27 Ill. Reg. 8126, effective April 28, 2003)
CH.
I, S.226.700
SUBTITLE
A
SUBCHAPTER
f
SUBPART
H: ADMINISTRATIVE REQUIREMENTS
Section
226.700 General
a)
Each
school district shall provide and maintain appropriate and effective
educational
programs, at no cost to the parents, for all eligible children who are
residents
of the district.
b)
Each
school district shall establish and implement a goal of ensuring full
educational
opportunity for all children with disabilities in its service area. Each
district
shall make available to children with disabilities the variety of educational
programs
and services available to nondisabled children in the area served by the
district,
including art, music, industrial arts, consumer and homemaking
education,
and vocational education.
c)
Special
education and related services shall be established and conducted as an
integral
part of the district’s educational effort.
d)
Each
school district, independently or in cooperation with other districts,
shall
provide
a comprehensive program of special education for children with
disabilities
who are from three through 21 years of age and who are resident in
the
district. A “comprehensive program” is one that includes:
1)
A
viable organizational and financial structure;
2)
Systematic
procedures for identifying and evaluating the need for special
education
and related services;
3)
A
continuum of appropriate alternative placements available to meet the
needs
of children for special education and related services (see Section
226.300
of this Part);
4)
Qualified
personnel who are employed in sufficient number to provide:
A)
Administration
of the program;
B)
Supervisory
services;
C)
Instructional
and resource services;
D)
Related
services; and
E)
Transportation
services;
CH.
I, S.226.700
SUBTITLE
A
SUBCHAPTER
f
5)
Appropriate
and adequate facilities, equipment and materials;
6)
Functional
relationships with public and private agencies that can
supplement
or enhance the special education services of the public
schools;
7)
Interaction
with parents and other concerned persons that facilitates the
educational
development of children with disabilities;
8)
Procedures
for internal evaluation of the special education services
provided;
and
9)
Continuous
planning for program growth and improvement based on
internal
and external evaluation.
e)
The
school district is the primary agent for the delivery of special education
services.
Districts may carry out their obligations with regard to special
education
by forming cooperatives or joint agreements. These enti