Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				  defined:
"Act." The Mental Health and Developmental Disabilities
				  Confidentiality Act [740 ILCS 110 ].
"Adapted physical education." A diversified program of
				  developmental activities, games, sports and rhythms, suited to the interests,
				  capacities, and limitations of recipients who may be unable to safely or
				  successfully engage in unrestricted participation in the activities of a
				  general physical education program.
"Adaptive behavior." Standards of personal independence and
				  social responsibility expected of the recipient's age-appropriate and cultural
				  group.
"Approval." A written notification issued by the Illinois
				  State Board of Education to an individual attesting that he or she has met the
				  requirements set forth at 23 Ill. Adm. Code 226 for one or more categories of
				  special education personnel.
"Certificate." A license issued pursuant to Sections 21-1 et
				  seq. of the School Code [105 ILCS
				  5/21-1 ] authorizing an individual to be employed in
				  an Illinois public school as a teacher, school service personnel or an
				  administrator.
"Clinical psychologist." A psychologist registered with the
				  Illinois Department ofProfessional Regulationwho either has a doctoral degree
				  from a regionally accredited university, college, or professional school, and
				  has two years of supervised experience in health services of which at least one
				  year is post doctoral and one year is in an organized health service program,
				  or has a graduate degree in psychology from a regionally accredited university
				  or college, and has not less than six years of experience as a psychologist
				  with at least two years of supervised experience in health services. (Section
				  1-103 of the Code)
"Code." The Mental Health and Developmental Disabilities Code
				  [405 ILCS 5 ].
"Consent." The recipient's parent(s) or guardian has been
				  informed of all necessary information including a description of the activity
				  for which consent is sought and the risks associated with allowing or
				  disallowing the activity. He or she understands and agrees, in writing, to
				  carry out the activity for which consent is sought; understands that the
				  granting of consent is voluntary on his or her part and may be revoked at any
				  time; and is informed of the consequences of withholding consent.
"Day." A calendar day unless otherwise specified.
"Department." The Department of Human Services.
"Developmental disability." Disability which is attributable
				  to mental retardation, cerebral palsy, epilepsy or autism, or to any other
				  condition which results in impairment similar to that caused by mental
				  retardation and which requires services similar to those required by mentally
				  retarded persons. Such disability must originate before the age of 18 years, be
				  expected to continue indefinitely, and constitute a substantial handicap.
				  (Section 1-106 of the Code).
"Educational component of the individual treatment or
				  habilitation plan." A written statement for a recipient that provides at least
				  a statement of:
The recipient's present levels of educational performance,
				  annual goals and short-term instructional objectives;
Specific special education services;
The extent of participation in a regular education
				  program;
The projected dates for initiation of services;
Anticipated duration of services;
Appropriate objective criteria and evaluation
				  procedures;
A schedule for annual determination of short-term objectives;
				  and
A description of the intervention modalities.
This statement may be contained in the written treatment or
				  habilitation plan or may be referenced therein and maintained elsewhere for
				  ultimate inclusion in the clinical record.
"Endorsement." Refers to a statement on the face of an
				  administrative special, school service personnel, provisional vocations,
				  temporary provisional, vocational or general certificate limiting the holder to
				  the functions, special area or service area specified.
"Evaluation." Any one or more parts of a diagnostic
				  assessment or evaluation as delineated in Section
				  108.90.
"Hearing impaired." A hearing loss which ranges from mild to
				  profound, and prevents full awareness of environmental sounds and spoken
				  languages, limiting normal language acquisition and learning
				  achievement.
"Individual treatment or habilitation plan." A written plan,
				  which includes an educational component for special education, prepared within
				  a specified number of days after admission, consistent with the recipient's
				  diagnosis and needs pursuant to Section 3-209 (mentally ill) or Section 4-309
				  of the Code. The plan must be reviewed and updated at least every 30 days. A
				  qualified professional shall be responsible for overseeing the implementation
				  of such plan.
"Instructional programs." Those activities which provide the
				  principal elements of the recipient's educational development at any given
				  time. These activities may include any or all of the following:
Evaluation of the nature of the recipient's educational
				  needs;
Amelioration of and compensation for visual, auditory,
				  physical, speech or other impairments;
Development of language concepts and communication
				  skills;
Educational experiences which are adjusted in content,
				  emphasis, rate, or location; and
Modification of social skills or emotional adjustment in the
				  classroom setting.
For the purposes of this Part, an instructional program shall
				  be considered as one in which the recipient spends 50% or more of his or her
				  school day.
"Intervention modalities." The developmental, corrective, and
				  other supportive services discussed in Section
				  108.50
				  which are required for a recipient according to his or her individual treatment
				  or habilitation plan. Many, but not all, of these services would be designated
				  as related services in the public school special education setting.
"Language use pattern." Verbal or nonverbal language or
				  combination of languages which the recipient uses to conceptualize and
				  communicate those conceptualizations.
"Mental impairment." Markedly delayed intellectual
				  development, adaptive behavior, and academic achievement. Such mental
				  impairment may be mild, moderate, severe, or profound.
"Multiple impairment." Two or more impairments, severe in
				  nature or total impact, which significantly affect a recipient's ability to
				  benefit from a standard educational program.
"Parent." The natural or adoptive parent, a guardian, a
				  person acting as a parent of a minor recipient. Guardian means the plenary or
				  limited guardian appointed by the court for a person over age 18 so long as the
				  limited guardian's duties encompass educational concerns. For recipients over
				  18 years of age without court-appointed guardians, parents may be informed or
				  participate only with the consent of the adult recipient. Parent also includes
				  a person acting as a parent for educational purposes such as a surrogate parent
				  appointed by the Illinois State Board of Education.
"Parent counseling and training." Procedures used in
				  assisting parents in understanding the special needs of their child and
				  providing parents with information about child development.
"Physical or health impairment." A physical or health
				  disability, either temporary or permanent, ranging from mild to profound, which
				  adversely affects a recipient's educational performance and requires adaptation
				  of the physical plant or the use of supplementary aids and services.
"Provisional certificate." Refers to a credential valid for
				  up to two years entitling the holder to teach at grades kindergarten-nine -
				  provisional elementary (type 30), six-12 - provisional high school (type 31),
				  or kindergarten-12 - provisional special (type 33), in compliance with Sections
				  21-1 et seq. of the School Code and based on the individual's meeting the
				  requirements for a regular certificate of the same type in another
				  state.
"Psychological evaluation." An individual evaluation of the
				  child's functioning in cognitive, social, emotional and academic achievement or
				  aptitude areas using appropriately validated formal and informal tests and
				  evaluation material.
"Qualified professional." Those professional personnel who
				  meet either the certification or approval requirements described in Sections
				  108.40(d),
				  108.40(g),
				  108.40(h),
				  and
				  108.40(i),
				  exclusive of interns and aides.
"Recipient of services" or "recipient." A person who has
				  received or is receiving treatment or habilitation (Section 1-123 of the
				  Code).
"Re-evaluation." A series of diagnostic procedures which are
				  performed in accordance with Section
				  108.90
				  for the purpose of determining a recipient's continued eligibility for special
				  education programming.
"Resource programs." Specialized educational instructional
				  services which are provided to the recipient for less than 50% of his or her
				  school day.
"School days." Those days on which school is officially
				  conducted during the regularly established school year in accordance with
				  Section 10-19 of the School Code [105 ILCS
				  5/10-19 ].
"School psychologist." An individual certified as such by the
				  State Board of Education in accordance with Section 21-25 of the School Code
				  [105 ILCS 5/21-25
				  ].
"Secretary." The Secretary of the Department of Human
				  Services or his or her designee.
"Social developmental study." A compilation and analysis of
				  information concerning those life experiences of the recipient, both past and
				  present, which pertain to the recipient's problems and/or to the possible
				  alleviation of those problems.
"Special education." Those instructional and resource
				  programs, unique materials, physical plant adjustments, and other special
				  educational facilities provided by the facility to meet the unique needs of
				  recipients, which modify, supplement, support, or are in the place of the
				  standard educational program of the public school. The term includes speech
				  pathology and vocational education.
"Specific learning disability." The recipient exhibits a
				  disorder in one or more of the basic psychological processes involved in
				  understanding or in using language, spoken or written, which may manifest
				  itself in an imperfect ability to listen, think, speak, read, write, spell, or
				  to do mathematical calculations. This term includes such conditions as
				  perceptual handicap, brain injury, minimal brain dysfunction, dyslexia, and
				  developmental aphasia. The term does not include recipients who have learning
				  problems which are primarily the result of visual, hearing, or motor handicaps,
				  of mental retardation, of emotional disturbance, or of environmental, cultural,
				  or economic disadvantage. Such disorder may range from mild to profound.
"Speech or language impairment." Deviations of speech and
				  language processes which are outside the range of acceptable deviation within a
				  given environment and which prevent full social or educational development.
				  Such impairment may range from mild to profound.
"Standard certificate." Refers to a credential valid for four
				  years issued pursuant to Article 21 of the School Code [105 ILCS 5 /Art. 21],
				  entitling the holder to teach at grades kindergarten-nine - standard elementary
				  (type 03), six-12 - standard high school (type 09), or kindergarten-12 -
				  standard special (type 10) levels.
"Standard educational program." The educational program
				  similar to that offered by the local school district to its non-handicapped
				  students.
"Standard special certificate." Refers to a credential (type
				  10) issued to individuals completing the requirements set forth at 23 Ill. Adm.
				  Code
				  25.40,
				  25.43
				  and
				  25.45,
				  which is endorsed for one of the following: educable mentally handicapped,
				  learning disabilities, social, emotional disorders, trainable mentally
				  handicapped, blind and partially seeing, deaf and hard of hearing, physically
				  handicapped or speech and language impaired.
"State-operated facility" or "facility." A mental health
				  and/or developmental center operated by the State of Illinois, under the
				  jurisdiction of the Department, which provides treatment or habilitation
				  services for recipients who are mentally ill or developmentally disabled or who
				  are a danger to themselves or others.
"Visual impairment." Vision is such that the recipient cannot
				  develop his or her educational potential without special services and
				  materials. Such impairment may range from mild to profound.
"Vocational education." Organized educational programs which
				  are directly related to the preparation of individuals for paid or unpaid
				  employment, or for additional preparation for a career requiring other than a
				  baccalaureate or higher degree.