Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 675 - PROVIDERS OF SUPPLEMENTAL EDUCATIONAL SERVICES › Subpart A - GENERAL PROVISIONS › Section 675.30 - Code of Ethics

Current through Register Vol. 48, No. 28, July 12, 2024
The specific provisions of this Section are intended to
				  illustrate the ethical behavior that is expected of personnel employed by
				  providers of SES, their agents, and school districts, as well as by parents in
				  certain situations. The provisions of this Section shall not be construed as
				  exhaustive but rather as examples that not only apply in the specified
				  situations, but that also guide the parties' actions under related
				  circumstances. The requirements of this Section for providers shall apply not
				  only to each provider but also to any subcontractor or other person or entity
				  ("agent"), whether paid or unpaid, who acts in conjunction with or on behalf of
				  an approved provider for the purpose of performing any function related to a
				  program of supplemental educational services, including, but not limited to,
				  marketing the program, tutoring students, providing snacks, conducting
				  assessments, and completing individual learning plans. Each provider shall
				  maintain a record of having notified each agent of the agent's responsibility
				  for complying with the requirements of this Section. This notification shall
				  include either the transmittal of a paper or electronic copy of this Part or
				  provision of the web address where this Part is posted by the State
				  Superintendent of Education.
a)
				Providers must accurately and completely describe services to consumers in
				terms that are easy to understand. Providers' statements regarding the number
				of hours of service offered in their programs must match the number of hours
				for which districts have contracted. That is, a provider shall not charge a
				district for a portion of the hours of service offered and indicate that the
				remaining hours of service are to be provided free of charge.
b) Providers must create and use promotional
				materials and advertisements that are consistent with their approved
				applications and free from deception. Upon request, providers shall submit all
				promotional materials and advertisements related to the SES program to ISBE or
				the school districts in which they wish to serve.
c) Providers must not misrepresent to anyone
				the location of a provider's program or the approval status of a program. If
				the location of services is contingent upon a minimum student enrollment or the
				approval of a district, the provider shall indicate the applicable
				contingencies in its marketing materials.
d) Providers must not publicly criticize or
				disparage other providers.
e)
				Providers must not distribute a district enrollment form that has the selected
				provider's name pre-printed as part of the form. Providers must not distribute
				enrollment forms with directions for how to complete the forms.
f) Providers must not market their programs
				directly to students in the absence of those students' parents or guardians,
				except in the course of district-sponsored provider fairs, school assemblies,
				or other events permitted pursuant to this Part.
g) Providers must maintain a system of
				addressing consumer grievances and concerns and must immediately report any
				grievances to both the district and ISBE.
h) Providers must not compensate district
				employees in exchange for access to facilities, to obtain student lists, or for
				any illegal purpose. Providers must not solicit or accept an exclusive
				arrangement with any district or school (including, but not limited to, an
				exclusive right to conduct in-school assemblies or other marketing
				activities).
i) Role of District
				Personnel
1) Employees of a particular
				district may be hired by a provider serving that district for instructional
				purposes or to perform other functions related to the delivery of the
				provider's program of SES. District personnel hired for these purposes shall
				not recruit students to a provider's program, engage in marketing activities on
				behalf of a provider, distribute or collect enrollment forms, or otherwise
				promote or encourage students to enroll in a provider's program.
2) District personnel without responsibility
				for or involvement in the district's administration of SES may be employed to
				perform solely clerical functions having no relationship to the marketing of a
				provider's program or the recruitment of students.
3) Where a school district or a school is
				also a provider of SES, an individual may be employed as coordinator or site
				manager for the SES program it provides if the individual will have no other
				responsibilities apart from oversight and management of that SES program, which
				may include marketing and recruitment, subject to the following additional
				requirements.
A) The individual employed by
				the district for this purpose shall not present marketing or recruitment
				information on any occasion unless all other providers approved for the schools
				served are offered the same opportunity to present information or recruit
				students.
B) The district shall
				ensure that the individual has no greater access to parents and students at
				provider fairs, school assemblies, and other, similar occasions than is
				afforded to all other providers. "Access" means the amount of speaking time
				available, the space used, and any other resources allocated to
				providers.
C) The individual's
				duties related to the SES program for which the district is the provider shall
				be entirely distinct from those of any other district employee who performs
				oversight with respect to the provision of SES generally, such as serving as
				the district's liaison to all SES providers within a school or
				schools.