reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.120 - Reevaluations

Current through Register Vol. 48, No. 28, July 12, 2024
Procedures for the completion of reevaluations of children
				  for whom special education and related services are currently being provided
				  shall conform to the requirements of
				  34
				  CFR 300.303,
				  300.304,
				  300.305,
				  300.306
				  and
				  300.309,
				  as well as Section
				  226.110 of
				  this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.125 - Specific Learning Disability: Dyslexia

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the purposes of this Section, dyslexia means a specific learning disability
				that is neurobiological in origin. It is characterized by difficulties with
				accurate and/or fluent word recognition and by poor spelling and decoding
				abilities. These difficulties typically result from a deficit in the
				phonological component of language that is often unexpected in relation to
				other cognitive abilities and the provision of effective classroom instruction.
				Secondary consequences may include problems in reading comprehension and
				reduced reading experience that can impede growth of vocabulary and background
				knowledge. (Definition from the Board of Directors of the International
				Dyslexia Association.)
b) In
				accordance with
				34 CFR
				300.8(b)(10), dyslexia is
				one of a number of disorders included as a specific learning disability that
				may adversely affect the student's educational performance and result in the
				child's eligibility for special education and related services.
c) Each child suspected of having dyslexia or
				identified as dyslexic shall be referred for an evaluation in accordance with
				the requirements of
				34 CFR
				300.304 through
				300.311
				and Subpart B of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.130 - Additional Procedures for Students Suspected of or Having a Specific Learning Disability

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to the requirements set forth in Sections
				226.110 and
				226.120 of this
				Part, the district shall adhere to the procedures set forth at
				34 CFR
				300.307,
				300.308,
				300.309,
				300.310, and
				300.311
				when evaluating a student who is suspected of, or who has previously been
				identified as having, a specific learning disability as described in
				34 CFR
				300.8.
b) Provided that the requirements of this
				subsection (b) are met, each district shall implement the use of a process that
				determines how the child responds to scientific, research-based interventions
				or multi-tiered systems of support as part of the evaluation procedure
				described in
				34 CFR
				300.304. When a district implements the use
				of a process of this type, the district shall not use any child's participation
				in the process as the basis for denying a parent's request for an evaluation.
1) The State Superintendent of Education
				shall disseminate a plan outlining the nature and scope of the professional
				development that is necessary to permit implementation of a process of this
				type and describing any additional activities or resources that the
				Superintendent finds to be essential. Any amendments to the plan will be made
				in consultation with the statewide teacher organizations, statewide school
				management organizations, and State Advisory Council on Education of Students
				with Disabilities.
2) The plan
				shall quantify the estimated cost of the professional development and other
				necessary resources and shall identify sources of funding that are or may
				become available to the State Superintendent for these purposes.
3) The plan shall include:
A) a method of identifying school districts
				that are less able than others to implement a process of the required type
				without technical or financial assistance from the State;
B) a timeframe for the provision of training,
				other technical assistance and materials, or financial resources for related
				purposes that demonstrates the State Superintendent's best efforts to secure
				and provide relevant support to districts; and
C) a method of allocating resources that
				affords first consideration to districts that may otherwise be unable to
				implement a process of the required type without diverting necessary support
				from other aspects of the educational program.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.135 - Additional Procedures for Students Suspected of or Having an Intellectual Disability

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the requirements set forth in Sections
				  226.110 and
				  226.120, the
				  district shall ensure that a psychological evaluation has been conducted and a
				  recommendation for eligibility made by a school psychologist for any child who
				  is suspected of or determined to have an intellectual
				  disability.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.140 - Modes of Communication and Cultural Identification

Current through Register Vol. 48, No. 28, July 12, 2024
Before a child is given an evaluation, the local school
				  district shall ensure compliance with the requirements of Section 14-8.02 of
				  the School Code by determining 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
				languages spoken in the child's home and the languages 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. This 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 verbal expressive language and the use he or she makes of other modes of
				communication (e.g., gestures, signing, unstructured sounds) as a substitute
				for verbal 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.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.150 - Evaluation to be Nondiscriminatory

Current through Register Vol. 48, No. 28, July 12, 2024
Each evaluation shall be conducted so as to ensure that it is
				  nondiscriminatory with respect to language, culture, race, and gender. (See
				  also
				  34 CFR
				  300.304(c).)
a) The languages used to evaluate a child
				shall be consistent with the child's primary language or other mode of
				communication. (See Section
				226.140.)
				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
				to complete the specific components of the evaluation. This qualified
				specialist shall be assisted by a school district employee holding an educator
				license issued pursuant to Article 21B of the School Code [105 ILCS 5 /Art.
				21B] or other individual who has demonstrated competencies in the language or
				modes of communication 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) are unsuccessful,
				the district shall conduct assessment procedures which do not depend upon
				language. Any special education resulting from these alternative procedures
				shall be reviewed annually until the student's proficiency is determined no
				longer to be limited pursuant to 23 Ill. Adm. Code
				228.25
				(Program Options, Placement, and Assessment).
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.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.160 - Medical Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with
				34 CFR
				300.304(c)(4), any student
				who is being evaluated or re-evaluated for special education services shall be
				assessed in all areas related to the suspected disability, including, if
				appropriate, health, vision, hearing, social and emotional status,
				communicative status, and motor abilities. The results of the medical review
				shall be used by the IEP team to address any educationally relevant medical
				findings or other health concerns that may affect the provision of FAPE to
				students with disabilities. The medical review shall consist of the following
				components.
1) Subjective information, if
				relevant, which may include:
A) a description
				of the perceptions that the parents and student, as applicable, have regarding
				the student's health;
B) a health
				history of the student from the parents; and
C) a description of perceptions of the
				student's teachers relative to how the student's health may be affecting his or
				her academic performance or access to the curriculum.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart B - IDENTIFICATION OF ELIGIBLE CHILDREN › Section 226.180 - Independent Educational Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
Parents have the right to obtain an independent educational
				  evaluation of their child at public expense in accordance with
				  34 CFR
				  300.502 and Section 14 - 8.02(b) and (g-5) of
				  the School Code. The following rights and requirements shall also apply.
a) If the parents disagree with the
				district's evaluation and wish to obtain an independent educational evaluation
				at public expense, their request to that effect shall be submitted in writing
				to the local school district superintendent.
b) When an independent evaluation is obtained
				at public expense, the party chosen to perform the evaluation shall be either:
1) an individual whose name is included on
				the list of independent educational evaluators developed by the State Board of
				Education pursuant to Section
				226.830
				with regard to the relevant types of evaluation; or
2) another individual possessing the
				credentials required by Section
				226.840.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.200 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each school district shall provide special education and
				  related services to eligible children in accordance with their
				  IEPs.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.210 - IEP Team

Current through Register Vol. 48, No. 28, July 12, 2024
The composition of the IEP Team for a particular child, and
				  the participation, attendance, and excusal of the team members and other
				  individuals in the IEP meeting, shall conform to the requirements of
				  34 CFR
				  300.321,
				  300.322,
				  300.324,
				  and
				  300.325.
				  The additional requirements of this Section shall also apply.
a) The general education teacher who serves
				as a member of a child's IEP Team shall be a 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 instruct the child.
b) For a child age three through five years
				who has not yet entered the primary grades, the team shall include an
				individual qualified to teach preschool children without identified
				disabilities.
c) If the child is
				receiving only speech and language services, the speech and language
				pathologist shall fulfill the role of the special education teacher set forth
				at 34
				CFR 300.321(a)(3).
d) The representative of the public agency
				required by
				34 CFR
				300.321(a)(4) must, in
				addition to the requirements set forth in that portion of the federal
				regulations, have the authority to make commitments for the provision of
				resources and be able to ensure that the services set out in the IEP will be
				implemented.
e) The IEP Team shall
				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 or cultural factors as they relate to the child's
				instructional needs. If documented efforts to locate and secure the services of
				a qualified bilingual specialist are unsuccessful, the district shall instead
				meet the requirements set forth in Section
				226.150(b)
				of this Part.
f) In the case of a
				child whose behavior impedes his or her learning or the learning of others, the
				team shall include a person knowledgeable about positive behavior
				strategies.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.220 - Development, Review, and Revision of the IEP

Current through Register Vol. 48, No. 28, July 12, 2024
The development, review, and revision of each child's IEP
				  shall conform to the requirements of
				  34 CFR
				  300.324 and
				  300.328.
				  The additional requirements of this Section shall also apply.
a) When an IEP has been developed or revised,
				the district shall provide notice in accordance with
				34 CFR
				300.503(b) and (c)
				immediately to the parents, and implementation of the IEP shall occur no later
				than 10 school days after the provision of this notice or by the beginning of
				the following school year if the IEP is developed or revised with fewer than 10
				school days remaining in the school year. If the new or revised IEP requires
				extended-year services, those services shall be provided in accordance with the
				provisions of the IEP.
b)
If, at a meeting to develop or revise a child's individualized
				education program, the IEP team determines that a certain service is required
				in order for the child to receive a free, appropriate public education and that
				service is not implemented within 10 school days after the service was to be
				initiated as set forth by the child's IEP, then the local education agency
				shall provide the child's parent or guardian with written notification that the
				service has not yet been implemented. The notification must be provided to the
				child's parent or guardian within 3 school days after the local education
				agency's non-compliance with the child's IEP and must inform the parent or
				guardian about the school district's procedures for requesting compensatory
				services.
(Section 14-8.02f(d-5) of the Code) For purposes of this
				Section, "school days" does not include days in which a child is absent from
				school for reasons unrelated to a lack of IEP services or when the service is
				available but the child is unavailable.
c) Either a child's educational provider or a
				child's parent may request an IEP meeting at any time. Within 10 days after
				receipt of a request, the district shall either agree and notify the parent in
				accordance with
				34 CFR
				300.503 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.
d) The development of an IEP for a child who
				has a disability on the autism spectrum shall include consideration of the
				factors specified in Section 14-8.02(b)(1) through (7) of the Code.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.230 - Content of the IEP

Current through Register Vol. 48, No. 28, July 12, 2024
The content of each child's IEP shall conform to the
				  requirements of
				  34 CFR
				  300.320. The additional requirements of this
				  Section shall also apply.
a) Each IEP
				shall include:
1) 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 academic and functional performance.
2) A statement regarding the child's ability
				to participate in State and district-wide assessments.
3) A statement as to the languages or modes
				of communication in which special education and related services will be
				provided, if other than or in addition to English.
4) 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") and, if so, a
				description of those services that includes their amount, frequency, duration,
				and location.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.240 - Determination of Placement

Current through Register Vol. 48, No. 28, July 12, 2024
The determination of placement shall conform to the
				  requirements of
				  34 CFR 300.114
				  through
				  300.116,
				  300.327,
				  and
				  300.501(c),
				  and the IEP Team shall take into consideration the student's eligibility for
				  other educational programs and services such as bilingual education, career and
				  technical education, gifted education, and federal Title I programs. The
				  placement determination shall be reviewed at least annually or any time the IEP
				  is revised.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.250 - Child Aged Three Through Five

Current through Register Vol. 48, No. 28, July 12, 2024
In the case of an eligible child three through five years of
				  age, an IFSP that contains the material described in
				  34 CFR
				  300.323(b) 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) Ensure that the IFSP is developed in
				accordance with the IEP requirements found in Subpart C of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart C - THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) › Section 226.260 - Child Reaching Age Three

Current through Register Vol. 48, No. 28, July 12, 2024
a) Child
				with an Individualized Family Service Plan (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 the child's third birthday. A representative of
				  the school district shall participate in the transition meeting scheduled by
				  the early intervention team. If a child continues to receive early intervention
				  services until the beginning of the school year following the child's third
				  birthday, the district shall ensure that either an IEP or the child's IFSP is
				  in effect on the first day of the following school year.
b) Child Without an IFSP
1) For each child who is referred to a school
				district at least 60 school days prior to the child's third birthday and
				determined eligible, the district shall ensure that either an IEP or an IFSP is
				in effect on the third birthday.
2)
				For each child who is referred with fewer than 60 school days remaining before
				the third birthday, or after that date, the district shall comply with the
				requirements of Section
				226.110(c) through
				(j) of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.300 - Continuum of Alternative Placement Options

Current through Register Vol. 48, No. 28, July 12, 2024
Each local school district shall, in conformance with the
				  requirements of
				  34 CFR 300.39
				  and
				  300.115,
				  ensure that a continuum of placements is available to meet the needs of
				  children with disabilities for special education and related services. With
				  respect to the home instruction and instruction in hospitals and institutions
				  referenced in
				  34 CFR 300.39
				  and
				  300.115:
a) 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.
b) 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, as defined in Section 14-13.01(a) of
				the School Code [105
				ILCS 5/14-13.01(a) ], the IEP Team
				for that child shall consider the need for home or hospital services. The
				provision of home or hospital services shall be based upon a written statement
				from a physician licensed to practice medicine in all its branches that
				specifies:
1) the child's medical
				condition;
2) the impact on the
				child's ability to participate in education (the child's physical and mental
				level of tolerance for receiving educational services); and
3) the anticipated duration or nature of the
				child's absence from school.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.310 - Related Services

Current through Register Vol. 48, No. 28, July 12, 2024
Each school district shall ensure that related services are
				  provided if necessary to assist an eligible child in benefiting from his or her
				  special education.
Local education agencies must make service logs that
				  record the delivery of related services administered under the child's IEP and
				  the minutes of each type of related service that has been administered
				  available to the child's parent or guardian at any time upon request of the
				  child's parent or guardian. Related services for which a log must be made are:
				  speech and language services, occupational therapy services, physical therapy
				  services, school social work services, school counseling services, school
				  psychology services, and school nursing services. The local education agency
				  must inform the child's parent or guardian, within 20 school days from the
				  beginning of the school year or upon establishment of an IEP, of his or her
				  ability to request those service logs.
(Section 14-8.02f(d) of the
				  Code)
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.320 - Service to Students Living in Residential Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
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
				  a public or nonpublic residential 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, that cares for disabled, neglected, delinquent, and/or
				dependent children.
b) "Foster
				Family Home": an individual residential unit that cares for one or more
				disabled, neglected, delinquent, or dependent children who are not members of
				the primary family. A home of this type accepts foster children for care under
				specific and written authority of a municipal, county, or State agency
				authorized to make the placement.
c) "State Residential Units": residential
				housing units that are directly operated by the State of Illinois, on property
				owned by the State, and primarily funded by an agency of the State.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.335 - Nonpublic Special Education Placement of Public School Students During a Gubernatorial Disaster Proclamation

Current through Register Vol. 48, No. 28, July 12, 2024
During a mandated suspension of in-person instruction upon a
				  gubernatorial declaration of a disaster under Section 7 of the Illinois
				  Emergency Management Agency Act [20 ILCS 3305], and for the duration of that
				  gubernatorial disaster proclamation, all approved special education private
				  facilities may continue to invoice school districts and school districts shall
				  continue to pay the per diem approved by the Illinois Purchased Care Review
				  Board under Section 14-7.02 of the School Code. The State Board of Education
				  will reimburse school districts for all approved special education private
				  facility expenditures. School districts will be reimbursed for special
				  education private facility tuition expenditures per the statutory formula under
				  Section 14-7.02 of the School Code. School districts will be reimbursed for
				  special education room and board expenditures under Part B of the federal
				  Individuals with Disabilities Education Act, as prescribed in Section 14-8.01
				  of the School Code.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.340 - Nonpublic Placements by Parents Where FAPE is at Issue

Current through Register Vol. 48, No. 28, July 12, 2024
This Section shall apply to students with disabilities who
				  have been, or are to be, placed in a non-public facility by their parents
				  following the parents' refusal to accept an offer of FAPE by a school district.
				  For such students, the reimbursement obligations and other requirements set
				  forth at
				  34 CFR
				  300.148 shall be applicable. If a
				  determination is made by a hearing officer or court of law that the school
				  district is not obligated to provide special education or reimbursement to such
				  a student, the school district shall treat the student as a student defined by
				  Section
				  226.350
				  of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.350 - Service to Parentally-Placed Private School Students

Current through Register Vol. 48, No. 28, July 12, 2024
"Parentally-Placed Private School Students" shall be defined
				  as set forth in
				  34
				  CFR 300.130. As noted in Section
				  226.100
				  of this Part, school districts shall conduct child find for parentally-placed
				  private school students in conformance with the requirements of
				  34
				  CFR 300.131. Each school district shall also
				  conform to the requirements of
				  34
				  CFR 300.132 through
				  300.144.
				  In fulfilling the requirements of
				  34
				  CFR 300.134(Consultation)
				  and
				  300.135(Affirmation),
				  school districts that are members of the same special education joint agreement
				  are permitted to conduct jointly their consultation with private school and
				  parent representatives. However, even when multiple districts' funds are pooled
				  by a joint agreement, the amounts that are required to be used for services to
				  parentally-placed private school students must be spent in accordance with each
				  member district's "proportionate share" obligation. School districts that are
				  members of the same special education joint agreement shall be prohibited from
				  aggregating proportionate share funds when determining services for
				  parentally-placed private school students.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart D - PLACEMENT › Section 226.360 - Placement by School Districts in Remote Educational Programs

Current through Register Vol. 48, No. 28, July 12, 2024
A school district that places a student into a remote
				  educational program authorized under Section 10-29 of the School Code
				  [105 ILCS
				  5/10-29 ] shall ensure that the educational
				  programming and related services as specified in the child's IEP are provided
				  to the student. The placement of the student in a remote educational program
				  does not relieve the 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. Each local school
				  district shall be responsible for monitoring the performance of the remote
				  educational program to ensure that the implementation of each IEP conforms to
				  the applicable requirements of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart E - DISCIPLINE › Section 226.400 - Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
With respect to disciplinary action concerning children with
				  disabilities, school districts shall conform to the requirements of
				  34 CFR
				  300.530 through
				  300.536,
				  as well as Section 10-22.6 of the School Code [105 ILCS
				  5/10-22.6]. In addition, upon the occurrence of any
				  act that may subject the student either to expulsion from school or suspension
				  resulting in more than ten cumulative days of suspension during any one school
				  year, the district shall be required to convene a meeting of the IEP Team to
				  review the student's behavioral intervention plan or, if a behavioral
				  intervention plan has not yet been developed, to develop one.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.500 - Language of Notifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				notices to individual parents required in this Subpart F shall conform to the
				requirements of 34 CFR
				300.503(c).
b) Written translation of the Vital Documents
				List into the ten most commonly spoken languages in Illinois, other than
				English, must be provided to Limited English Proficiency parents of children
				with disabilities. This requirement includes translation of the individualized
				substance of documents on the Vital Documents List. A translated
				Parent/Guardian Notification of Conference Recommendations form and all other
				applicable elements of the IEP forms must be provided simultaneously with
				English IEP documents and all reasonable efforts to provide the IEP within
				seven school days after the IEP meeting must be made, or as soon as possible
				thereafter. All other vital IEP documents must be translated and provided to
				parents as soon as practicable but not more than 30 school days after the IEP
				meeting.
c) Parents may request
				translation of documents not on the Vital Documents List that have a vital
				relation to the child's educational planning through the same process
				identified on the Notification of Conference form, and school districts must
				make reasonable efforts to provide the requested translations in a timely
				manner.
d) All translations must be
				performed by competent translators who have undergone sufficient professional
				training regarding special education terminology and processes, or by outside
				vendors that are commercially recognized as providing competent translation
				services; or, if a school district elects to utilize an automated translation
				program or application, the results must be reviewed and edited, as needed, by
				an individual qualified to determine the accuracy of the translation. All
				translations must be certified to be true and accurate by the translator to the
				best of the translator's knowledge or ability.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.510 - Notification of Parents' Rights

Current through Register Vol. 48, No. 28, July 12, 2024
A copy of the notice of procedural safeguards available to
				  the parents of a child with a disability shall be given to the parents in
				  accordance with, and shall conform to the requirements of,
				  34 CFR
				  300.504.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.520 - Notification of District's Proposal

Current through Register Vol. 48, No. 28, July 12, 2024
The written notice a school district is required to provide
				  to a parent prior to a proposal or refusal to initiate or change the
				  identification, evaluation, or educational placement of, or the provision of
				  FAPE to, a child shall conform to the requirements of
				  34 CFR
				  300.503. "Reasonable time", for purposes of
				  34 CFR
				  300.503(a), is defined as
				  ten days. 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. If an IEP contains a proposal or refusal to initiate or change the
				  educational placement of a child, the Conference Recommendations must be
				  provided in writing in the preferred language of the parent or other mode of
				  communication used by the parent (such as orally if the parent is
				  illiterate).
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.540 - Consent

Current through Register Vol. 48, No. 28, July 12, 2024
Consent, as defined in
				  34 CFR
				  300.9, shall be obtained and may be revoked
				  in accordance with the requirements of
				  34 CFR
				  300.154(e),
				  300.300,
				  300.323,
				  and 300.622. In addition, the
				  following requirements shall apply:
a)
				A parent may revoke consent for any action by the district or cooperative
				entity serving his or her child that requires parental consent. If a parent
				desires to revoke consent, he or she may do so either in writing or orally. If
				the revocation of consent is communicated orally, the district or cooperative
				entity shall commit the parent's request to writing and provide a copy of this
				written summary to the parent within five days.
b) Any revocation of consent is effective
				immediately, 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 (b), 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.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.550 - Surrogate Parents

Current through Register Vol. 48, No. 28, July 12, 2024
The qualifications, responsibilities, and appointment
				  procedures for surrogate parents shall conform to the requirements of
				  34 CFR 300.519
				  and Section 14 - 8.02 a of the School Code [105
				  ILCS 5/14-8.02a ]. In addition, the following
				  requirements shall apply:
a) 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. Upon enrollment of a
				student, the resident school district is responsible for ensuring the
				assignment of a surrogate parent if the residential facility 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 criteria set forth in
				34 CFR
				300.519(d) and 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.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.560 - Mediation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The procedures
				for mediation shall conform to the requirements of
				34 CFR
				300.506.
b) The agreement of the parties to enter
				mediation shall allow the child to remain, or "stay put", in his or her current
				placement during the pendency of the mediation. The placement shall be the last
				placement to which the parties agreed.
If mediation fails to resolve
				the dispute between the parties, the parent (or student if 18 years of age or
				older or emancipated) shall have 10 days after the mediation concludes to file
				a request for a due process hearing in order to continue to invoke the
				"stay-put" provisions.
(Section 14-8.02(j) of the School
				Code)
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart F - PROCEDURAL SAFEGUARDS › Section 226.570 - State Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
This Section sets forth the State Board of Education's
				  written complaint procedures, as required by
				  34 CFR
				  300.151,
				  300.152, and
				  300.153 and Section
				  14-8.02 e of the Code.
a) A parent, individual, or organization 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. The complaint
				shall include:
1) A statement that a
				responsible public entity has violated a requirement of Part B of the IDEA,
				Title 34 of the Code of Federal Regulations, Article 14 of the Code, or this
				Part;
2) The facts on which the
				statement is based;
3) The
				signature and contact information for the complainant;
4) The names and addresses of the students
				involved (and the names of the schools of attendance), if known;
5) A description of the nature of the problem
				of the child, including the facts relating to the problem; and
6) A proposed resolution of the problem to
				the extent known and available to the party at the time the complaint is
				filed.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.600 - Calculation of Timelines

Current through Register Vol. 48, No. 28, July 12, 2024
In calculating the timelines specified in this Subpart G,
				  Section 1.11 of the Statute on Statutes [5 ILCS
				  70/1.11 ] shall apply.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.610 - Information to Parents Concerning Right to Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Each school district shall notify parents in writing of the
				  procedures for requesting a due process hearing in accordance with
				  34 CFR
				  300.507 and
				  300.508.
				  This written notice shall be provided to the parent by the district upon
				  receipt of a request for a due process hearing. Written notice provided to
				  parents as required under Section
				  226.510
				  of this Part shall be deemed sufficient notice for purposes of this
				  Section.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.615 - Procedure for Request

Current through Register Vol. 48, No. 28, July 12, 2024
The filing, basis for, and content of due process requests,
				  whether by a parent, a student, or a local school district, shall conform to
				  the requirements of
				  34 CFR
				  300.507 and
				  300.508.
				  (See Section
				  226.655
				  of this Part for requirements pertaining to expedited due process hearings.) In
				  addition, in order to fulfill the requirement to "forward a copy of the due
				  process complaint to the SEA", as specified in
				  34 CFR
				  300.508(a)(2), the school
				  district superintendent shall, within five days after receipt of the request,
				  forward the request to the State Board of Education in Springfield by certified
				  mail or another means that provides written evidence of the
				  delivery.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.625 - Rights of the Parties Related to Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
The hearing rights of parties shall conform to the
				  requirements of
				  34 CFR 300.512 and
				  Section 14 - 8.02 a of the School Code [105
				  ILCS 5/14-8.02a ]. In addition, the following
				  requirements shall apply.
a) The
				parents shall have access to the district's list of independent evaluators and
				may obtain an independent evaluation of their child at their own expense.
1) If the parents believe that acquisition of
				a completed independent evaluation will require a delay in convening the
				hearing, the parents shall request such a delay as provided in Section
				226.640(c)
				of this Part.
2) The parents may
				ask the hearing officer to determine whether an independent evaluation is
				needed. If the hearing officer concludes, after reviewing the available
				information, that an independent evaluation is necessary to inform the hearing
				officer concerning the services to which the student may be entitled, it shall
				be so ordered and provided at the school district's expense. The hearing
				officer shall delay the hearing as provided for in Section
				226.640(b)
				of this Part.
3) This subsection
				(a) shall not apply to expedited hearings conducted pursuant to Section
				226.655
				of this Part.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.630 - Qualifications, Training, and Service of Impartial Due Process Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Impartial due
				process hearing officers must possess qualifications in conformance with the
				requirements of
				34 CFR
				300.511 and Section 14 - 8.02 c(b) of the
				School Code [105 ILCS
				5/14-8.02c(b) ]. "Relevant
				experience", as used in Section 14-8.02c(b) of the School Code, means at least
				three years' experience, whether paid or voluntary, in special education,
				disability-related issues, or advocacy.
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) degrees 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.
Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 226 - SPECIAL EDUCATION › Subpart G - DUE PROCESS › Section 226.635 - Appointment, Recusal, and Substitution of Impartial Due Process Hearing Officers

Current through Register Vol. 48, No. 28, July 12, 2024
The appointment, recusal, and substitution of due process
				  hearing officers shall conform with the requirements of Section 14-8.02a(f-5)
				  of the School Code [105
				  ILCS 5/14-8.02a (f-5)]. A request for substitution of
				  the hearing officer, as permitted by that Section, shall be submitted via
				  letter or facsimile to the Due Process Coordinator at the State Board of
				  Education and shall be postmarked or transmitted no later than five days after
				  the party requesting the substitution receives notification from the State
				  Board of the original hearing officer's appointment.