Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.330 - Placement by School District in State-Operated or Nonpublic Special Education Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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 school
				district in which the child resides 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) Except for
				emergency placements made pursuant to subsection (g) or (i), 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 pursuant to the
				criteria set forth in 23 Ill. Adm. Code 401 (Special Education Facilities Under
				Section 14-7.02 of the School Code) for the school year for which placement is
				sought.
2) Pursuant to Section
				14-7.02 of the School Code, the school district made referrals to in-state
				residential facilities prior to considering out-of-state residential facilities
				for placement of the child.
3) The
				allowable costs for the program have been established pursuant to Section
				14-7.02 of the School Code.
4) The
				district has made the certification of inability to meet the student's needs to
				the State Superintendent of Education, if required pursuant to Section 14-7.02
				of the School Code, and the State Superintendent has found the district in
				substantial compliance with Section 14-4.01 of the School Code.
5) The State Board has approved the program
				for all of the disability categories applicable to the student and requiring
				services pursuant to the IEP.
6)
				The program has been approved by the State Board of Education for the age range
				that includes the age of the student.
7) The district has determined that the
				program will provide all educational programming and related services specified
				on the child's IEP. The use of a facility or program pursuant to 23 Ill. Adm.
				Code 401 does not relieve the local school district of the responsibility for
				ensuring that the student will receive all programming and related services
				required by the IEP, whether from one source or from multiple
				sources.
8) The school district and
				the facility have entered into the contractual agreement required by subsection
				(d).
9) The child will receive an
				education that meets the standards applicable to education provided by the
				school district.