reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.70 - Written Report

Current through Register Vol. 48, No. 28, July 12, 2024
A written report of the results and recommendations of the ER
				shall be prepared.
a) The report shall
			 be dated and shall list the names of all those in attendance.
b) A copy of the report, together with all
			 documentation upon which it is based, shall be kept on file by the School. The
			 local school district shall be informed of its rights of access to the report.
			 A copy of the ER report must be given to the parents or guardians at the
			 conclusion of the review.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.75 - Notification of Modification

Current through Register Vol. 48, No. 28, July 12, 2024
Parents or guardians of a student and the local school district
				shall be notified in writing at least 10 calendar days prior to the School's
				initiation of a modification or change in the identification, evaluation,
				instructional program, or educational placement of the student, or the
				inability to provide a free appropriate public education to the student. An
				initial contact shall be by telephone with written notice to follow.
a) The notice shall be provided in the native
			 language of the parent or guardian or other mode of communication used by the
			 parent or guardian.
b) If the
			 native language or other mode of communication of the parent or guardian is not
			 a written language, the School shall ensure:
1) that the notice is translated orally or by
			 other means to the parent or guardian in his or her native language or other
			 mode of communication;
2) that the
			 parent or guardian understands the content of the notice; and
3) that there is written evidence on file
			 that the requirements of this Section have been met.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.90 - Parental or Guardian Notification

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least 10 calendar days prior to the
			 initiation of or the actual modification of the special education services of
			 the student, the parents or guardians shall be notified, in writing, of the
			 following:
1) The results of the
			 ER.
2) The nature of the special
			 education program or services needed by the student.
3) The recommendations for modifying the
			 special education services and the plan for implementing those
			 recommendations.
4) Their right to
			 object to the proposed modifications and the specific procedures for making an
			 objection, including the procedures for requesting an impartial due process
			 hearing as found in 89 Ill. Adm. Code 828.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.100 - Parental or Guardian Consent to Proposed Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the parents or guardians consent to the
			 proposed modifications, they may waive the 10 calendar day interval, and the
			 student shall be placed in the recommended program as soon as
			 practicable.
b) Pursuant to Section
			 795.90(a)(4),
			 if the parents or guardians object to the proposed modifications, they shall
			 contact the School indicating their objection within 10 calendar days after
			 notification of proposed modifications. The School shall then, within 10
			 calendar days after receipt of the parent's or guardian's objection, arrange a
			 review with the parents or guardians in an attempt to resolve the disagreement.
			 If the parents or guardians continue to object to the proposed modification,
			 they may appeal by requesting an impartial due process hearing. Such a request
			 shall be made in writing to the superintendent of the School. Rules for due
			 process hearings are set forth in 89 Ill. Adm. Code 828 and 23 Ill. Adm. Code
			 226.600
			 through 226.695.
c) Receipt of a
			 request for an impartial due process hearing shall cause the School to postpone
			 its proposed modifications of the special educational services until the matter
			 is resolved.
d) The student shall
			 remain in his or her current educational program, unless:
1) an agreement is reached between the
			 parents or guardians and the School; or
2) 89 Ill. Adm. Code
			 827.80
			 applies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.120 - Modifications or Changes

Current through Register Vol. 48, No. 28, July 12, 2024
Modification or changes shall be made as soon as possible after
				the determination and agreement to the need for the modifications, but in no
				case later than the beginning of the next school semester.
a) When modification of the special education
			 services is not possible prior to the next school semester, the School shall be
			 responsible for providing interim services as appropriate to the student's
			 needs as possible unless rules titled Suspensions, Changes in Placement, and
			 Discharges of Students Who are Dangerous to Themselves or Others (89 Ill. Adm.
			 Code
			 827.80
			 ) or Interim Services (89 Ill. Adm. Code
			 827.70
			 ) apply.
b) The School shall
			 provide written notification to the parents or guardians of the student and the
			 local school district regarding the nature of the services the student will
			 receive in the interim. Written verification of the provision of these services
			 shall be kept in the student's temporary record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.130 - Review of Educational Status and Continued Special Education Placements

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to initial placement conferences and/or IEP
				meetings, the educational status and continued special education placement of
				each student shall be reviewed at least annually in a conference attended by
				those professional persons working with the student, the parents or guardians,
				the student when appropriate, the special education administrator or designee
				who is qualified to supervise the provision of special education, the referring
				local school district, and other individuals having significant information,
				knowledge or special experience, at the discretion of the parent or guardian,
				the School or local school district.
a) Utilizing appropriate evaluation
			 information, including teacher and parent or guardian opinions, the annual
			 review shall determine the extent to which the student has met the objectives
			 and goals as specified in the student's IEP and recommend further evaluation or
			 revise the student's IEP.
b) When
			 further evaluation is indicated, pursuant to the annual review, a review of the
			 student's status as requested by the teachers, parents or guardians, other
			 knowledgeable persons, or as a result of an impartial due process hearing, the
			 evaluation shall be completed within 60 school days after the
			 request.
c) A reevaluation of the
			 student shall be conducted every three years, or more frequently if conditions
			 warrant, or if the student's parent or guardian or teacher requests an
			 evaluation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.140 - Written Notification of Continuation to Parents or Guardians

Current through Register Vol. 48, No. 28, July 12, 2024
Written notification regarding the continuation of the
				student's special education placement shall be provided to the parents of the
				student and the local school district as soon as possible but no later than 30
				calendar days prior to the beginning of each school year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 795 - IDENTIFICATION, EVALUATION, AND PLACEMENT OF STUDENTS › Section 795.150 - Written Notification to School Superintendent

Current through Register Vol. 48, No. 28, July 12, 2024
Written notification to the School superintendent regarding the
				anticipated continuation or withdrawal of a student from a School shall be
				provided by the parents or guardians and the local school district as soon as
				possible, but no later than 30 calendar days prior to the beginning of the next
				school year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 815 - SPECIAL TRANSPORTATION › Section 815.10 - Special Transportation Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The local school district shall provide
			 transportation services for students placed in State Schools (Schools) at the
			 beginning and close of the school term, which is applicable to the student's
			 placement.
b) During the annual
			 review of Individualized Education Program Plans (IEP) for students continuing
			 placement at the Schools, an agreement shall be developed between
			 representatives of the Department of Human Services-Division of Rehabilitation
			 Services, representatives of the local school districts and the parents or
			 guardians regarding the mode, frequency and provider of special education
			 transportation services beyond the trips to begin and end the school
			 term.
c) During the IEP meeting, an
			 agreement will be made with the local school district that transportation costs
			 for student home goings throughout the school year shall be the financial
			 responsibility of the local school district.
d) The School will send to the local school
			 districts a reconciliation statement and bill for payment at the end of the
			 school year or upon withdrawal of the student from the School.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.10 - General Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a
			 School staff shall maintain discipline at the School to ensure the proper
			 conduct and safety of the students. In all matters relating to the discipline
			 and conduct of the students, staff are "in loco parentis" (in place of a
			 parent) to the students. This relationship shall extend to all activities (both
			 on and off campus) that are connected with the School program and may be
			 exercised at any time for the safety and supervision of the students in the
			 absence of their parents or guardians. Nothing in this Section affects the
			 authority of the Department to establish rules with respect to
			 discipline.
b Disciplinary action
			 taken by staff at the Schools will be progressive in nature and will be in
			 response to the seriousness of the infraction, the student's age and
			 disability, and the number of times the student has been involved in similar
			 behavior.
1 The Superintendent (or his or her
			 designee) shall judge each student's case individually and his or her decision
			 shall be based upon consultation with staff, consideration of all relevant
			 factors, and the requirements of the Rights, Responsibilities and Procedures
			 Handbook (Handbook).
2 The
			 Handbook, which is updated annually, contains information regarding discipline
			 and code of conduct. It is provided to students and their parents or guardians
			 upon admission to the School and to students, parents or guardians and staff at
			 the beginning of each school year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.15 - Accessibility of Information

Current through Register Vol. 48, No. 28, July 12, 2024
Written and verbal information or communication regarding a
				student's conduct and the School's policies, procedures and disciplinary
				actions regarding student conduct shall be made available to students, parents
				and guardians in their native language, in their preferred mode of
				communication and in a format that is accessible for their use. This shall
				include interpreter and translation services for individuals whose primary
				language is other than English.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.20 - Infractions by Students

Current through Register Vol. 48, No. 28, July 12, 2024
Infractions of School policies, including violations of the
				rules of conduct, may result in disciplinary action. The specific rules of
				conduct are provided in the Handbook that is provided to students and parents
				or guardians upon admission to the School and annually thereafter at the
				beginning of each school year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.30 - Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a
			 Disciplinary actions may be issued by school staff, as set forth in this
			 Section and in accordance with Section
			 827.10. No
			 teacher or staff member may use corporal punishment of any form, and may not in
			 any way physically, verbally, emotionally or sexually abuse students.
b A review of the recommended discipline
			 shall be completed to determine if a behavior management plan is in effect, or
			 if one is needed prior to any disciplinary action being taken.
1 A behavior management plan shall not be
			 developed for items listed in subsections (c)(1) through (4).
2 A behavior management plan shall only be
			 developed for serious infractions.
3 If the student has a behavior management
			 plan, the Individualized Education Plan (IEP) team shall meet to review the
			 plan and its implementation, and modify the plan and its implementation as
			 necessary.
4 IEP meetings shall be
			 held 10 working days prior to any discipline involving a change in placement or
			 suspensions of more than 10 days in the aggregate for a School year.
5 89 Ill. Adm. Code
			 830.150
			 (Behavior Intervention) identifies behavior intervention techniques that may be
			 utilized.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.35 - Effective Date of Discipline

Current through Register Vol. 48, No. 28, July 12, 2024
a All
			 discipline will take place immediately or in the time frame established by the
			 staff person determining the discipline. Consideration shall be given for
			 students who have, or who require, a behavior management plan as outlined in
			 Section
			 827.30.
b In cases of suspensions of 10 days or more,
			 changes of placement, or expulsion, the action taken will not take place until
			 an appeal, if taken, has been exhausted, unless the situation poses a danger to
			 the student or others, or the expulsion is required by the Gun Free Schools Act
			 and Section 10-22.6 of the School Code.
1 If
			 expulsion is a result of the student having a weapon, the local school district
			 is responsible for securing an alternate placement of the student for a minimum
			 of 45 days.
2 An IEP will be
			 scheduled by the local school district to determine appropriate placement after
			 the 45 day alternate placement period.
3 The School is not responsible for providing
			 interim services to students; however, if appropriate, the School will provide
			 technical and program assistance for students returned to the local school
			 district or Local Education Agency (LEA).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.40 - Appeals of Disciplinary Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a
			 Actions taken by DHS-DRS in conformance with this Part are appealable through
			 procedures set forth in this Section.
b In cases of suspensions of more than 10
			 days and changes of placement including expulsion, the proposed discipline will
			 not take place until the appeal has been exhausted, unless the student is a
			 danger to self or others. Suspensions of more than 10 days or changes of
			 placement may be appealed directly to the DHS-DRS Director or designee or
			 through Impartial Due Process Hearing (89 Ill. Adm. Code 828).
c If the student receiving the discipline
			 and/or his or her parents or guardian is dissatisfied with disciplinary actions
			 taken, they can appeal as follows:
1 Step 1.
			 When the action is appealable under this Section:
A the student, parents or guardians may
			 request a meeting with the staff person who imposed the disciplinary action
			 within 3 school days after learning of, or being informed by the School of, the
			 disciplinary action to explain the student's, parent's or guardian's
			 position.
B The student, parents or
			 guardians may request the supervisor of the staff person imposing the
			 discipline, as well as the Superintendent, to be present at the
			 meeting.
C The meeting must take
			 place within 4 school days after the date the request is received.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.50 - Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
A student may be discharged from a School when:
a The student graduates from high
			 school.
b The student reaches age
			 22. The student is eligible to receive education services through the day
			 before his or her 22nd birthday; however, 89 Ill.
			 Adm. Code
			 765.30(a)
			 shall apply to students who become 22 during the school year.
c The student's parents or guardians move out
			 of State, unless a parent or guardian is a member of the armed
			 forces.
d The student's parents or
			 guardians request the discharge.
e
			 It has been determined through an ER conducted in accordance with Section
			 827.60
			 that the student is inappropriately placed.
f The student is absent for 60 consecutive
			 school days and the parents or guardians cannot be reached or will not provide
			 information concerning the absence or the anticipated date the student will
			 return. In these cases, the School shall contact the local school district
			 about whether the student will return (e.g., due to long term hospitalization,
			 death, change of residence) and request assistance in locating and/or working
			 with the parents or guardians.
g
			 The student is expelled for behavior or a condition that is not, or does not
			 result from, his or her disabilities, as indicated in the Illinois State Board
			 of Education's rules for Special Education (23 Ill. Adm. Code
			 226.400
			 ).
h The student, when expelled, is
			 returned to the local school district or LEA and it is the responsibility of
			 the local school district or LEA to secure an appropriate education placement
			 for the student. The School is not responsible for providing interim services;
			 however, when appropriate and applicable, the School will provide program and
			 technical assistance, if needed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.60 - Eligibility Review to Determine Whether a Student is Inappropriately Placed

Current through Register Vol. 48, No. 28, July 12, 2024
a When the School's
			 administrators, faculty members, other staff, or consultants have reason to
			 believe that a student at the School is inappropriately placed, an ER will be
			 conducted.
1 The ER will not be limited to
			 the student's primary disability, but will include any disability that may be
			 relevant to the determination that the student is or is not appropriately
			 placed at the School.
2 Information
			 contained in Eligibility Reviews to Determine Need for Modification of
			 Educational Services (89 Ill. Adm. Code
			 795.30 ) sets forth
			 additional requirements for the ER.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 827 - RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES › Section 827.80 - Suspensions, Changes in Placements, and Discharges of Students who are Dangerous to Themselves or Others

Current through Register Vol. 48, No. 28, July 12, 2024
a
			 Suspensions made pursuant to this Section shall be made in accordance with
			 Section
			 827.30 and
			 the Handbook (see Section
			 827.10(b)
			  ).
b A suspension barring the student from both
			 the educational and the residential components of the School for not more than
			 10 consecutive School days in one School year is not considered a significant
			 change in placement or a discharge.
c A suspension for greater than 10 School
			 days in one School year for any reason is considered a significant change in
			 placement under the Individuals with Disabilities Education Act (
			 20 USC
			 1400 et seq.) and is appealable pursuant to
			 Impartial Due Process Hearing (89 Ill. Adm. Code 828).
d The School may suspend a student for no
			 more than 10 days in one School year when suspension is warranted due to a
			 physical danger to the student, others, or School property that is caused by
			 the student's presence, even when the student's behavior results from his or
			 her disability.
1 If warranted because a
			 student is an immediate physical danger to self or others, the Superintendent,
			 or his or her designee, may restrict a student's extracurricular activities
			 within the School during the pendency of due process proceedings.
2 The Superintendent of the School may also
			 suspend, for no more than 10 days, a student who is an immediate danger to self
			 or others during the pendency of due process proceedings.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.10 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets forth the procedures for appealing decisions
				made by the Schools and the rights of the students and other involved parties.
				The Schools shall follow the procedures set forth in the Illinois State Board
				of Education's (ISBE) Due Process System (23 Ill. Adm. Code, Subpart J). If
				there are any discrepancies between this Part and the rules of ISBE, the rules
				of ISBE shall be utilized.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.20 - General Information

Current through Register Vol. 48, No. 28, July 12, 2024
Any and all notices and communications made pursuant to this
				Part shall be in writing, in a language that the student understands, unless
				the student is unable to communicate in writing. All non-written communications
				must be documented.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.30 - Disciplinary Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
Disciplinary actions taken as a result of simple infractions
				listed in the Schools' Rights, Responsibilities and Procedures Handbook are not
				appealable under this Part. This handbook is provided to parents or guardians
				and students annually. A student or parent or guardian has the right and is
				encouraged to speak with the principal, dean of students or his or her
				designee, or the superintendent concerning minor discipline taken as a result
				of simple infractions listed in the Schools' Rights, Responsibilities and
				Procedures Handbook. Minor discipline is appealable in accordance with 89 Ill.
				Adm. Code
				827.40.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.40 - What May Not be Appealed

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 following matters are not appealable under this Part, but are appealable under
			 the Department of Human Services-Division of Rehabilitation Services
(DHS-DRS) rules found at 89 Ill. Adm. Code 510 (Appeals and
				Hearings).
1) Matters concerning sex
			 equity or discrimination on the basis of sex as prohibited by the Illinois
			 School Code [105 ILCS
			 5/10-22.5 and 27-1] and the Education Amendments of
			 1972 ( 20
			 USC 1681 ). Matters of sex equity may
			 ultimately be appealed to the State Superintendent of Education.
2) Matters concerning student records as set
			 forth in the Illinois School Student Records Act [105 ILCS 10 ] and the Family
			 Educational Rights and Privacy Act of 1974 (FERPA) (
			 20
			 USC 1232 g ).
3) Matters concerning Vocational
			 Rehabilitation Services under the federal Rehabilitation Act of 1973, as
			 amended (
			 29 USC
			 701 et seq.).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.50 - Impartial Due Process Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 parent, guardian or student may request an impartial due process
			 hearing.
b) A hearing may be
			 requested for, but not limited to, the following reasons:
1) Objection to signing consent for a
			 proposed case study evaluation or initial placement.
2) Failure of the School, upon request of the
			 parents, guardians, other persons having primary care and custody of the
			 student, the student, or ISBE to provide a case study evaluation.
3) Failure of a local school district to
			 consider evaluations completed by qualified professional personnel outside the
			 local school district.
4) Objection
			 to a proposed special education placement, i.e., an initial placement, a
			 continuation of a previous placement, or a change in the placement.
5) Termination of a special education
			 placement.
6) Failure of the School
			 to provide a special education placement consistent with the finding of the
			 case study evaluation and the recommendations of the Eligibility Review (see 89
			 Ill. Adm. Code 795).
7) Failure of
			 the School to provide the least restrictive special education placement
			 appropriate to the student's needs.
8) Provision of special education
			 instructional or resource programs or related services in an amount
			 insufficient to meet the student's needs.
9) Recommendation for the graduation of a
			 student.
10) Failure of the School
			 to comply with any provision of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.60 - Procedures for Hearing Request

Current through Register Vol. 48, No. 28, July 12, 2024
The School, the parent or guardian of any student, or the
				student may request an impartial due process hearing. A request for a hearing
				by a parent, guardian or student shall be made in writing to the superintendent
				of the School.
a) If the School makes
			 the request, a written request shall be sent to ISBE, attention Division of
			 Program Compliance, 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) Within 5 days after the School receives a
			 request for a hearing from a parent, guardian or student, the School shall:
1) Send a certified letter to the Division of
			 Program Compliance requesting the appointment of an impartial due process
			 hearing officer. This letter shall be delivered by a means that provides
			 written evidence of the delivery and shall include:
A) the name, address and telephone number of
			 the student and the parent or guardian, and of the person making the request
			 for the hearing, if it is someone other than the student, parent or
			 guardian;
B) the date on which the
			 request for the hearing was received by the School;
C) the nature of the controversy to be
			 resolved;
D) the primary language
			 spoken by the parents or guardian and student; and
E) a copy of the request from the parent,
			 guardian or student.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.80 - Rights of the Parties Prior to the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
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. The School shall inform
			 the parents or guardians of any free or low cost legal services that may be
			 available in their area and of the availability of publicly funded advocacy
			 services.
b) The parents or
			 guardians may inspect and review all 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 or
			 guardians shall have access to the School's list of independent evaluators and
			 may obtain an independent evaluation of their child at their own expense. If
			 acquisition of a completed independent evaluation requires a delay in convening
			 the hearing, the parents or guardians shall request the delay as provided in
			 Section
			 828.100(c).
			 The hearing officer shall delay the hearing until the independent evaluation is
			 completed, the report is available, and the opposing party has been afforded,
			 in the judgment of the hearing officer, a reasonable opportunity to review it.
			 The parents or guardians 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's
			 expense. The hearing officer shall delay the hearing as provided for in this
			 subsection.
d) Either party to the
			 hearing has the right to the disclosure at least 5 days prior to the hearing of
			 any evidence to be introduced.
e)
			 Either party may compel the attendance of any School employee at the hearing,
			 or any other person who may have information relevant to the needs, abilities,
			 proposed program, or status of the student. At the request of either party, the
			 hearing officer shall issue subpoenas to 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 Section
			 828.90(e),
			 court action may be sought as provided in Section 14-8.02a(g) of the School
			 Code [105 ILCS 5 ].
f) Either
			 party, or any person participating in the hearing, may request that an
			 interpreter be available during the hearing because one of the participants is
			 deaf or hard of hearing and/or uses a primary language other than English.
			 Interpreters shall be provided at DHS-DRS expense.
g) 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.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.90 - Powers and Duties of Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Once appointed, the impartial due process
			 hearing officer shall not communicate with ISBE, the School, or employees of
			 ISBE or the School concerning the hearing and shall not initiate or participate
			 in any ex parte communications with the parties, except as provided in Section
			 14-8.02a(g) of the School Code.
b)
			 The hearing officer shall disclose any actual or potential conflict of interest
			 to the parties upon learning of the conflict of interest.
c) The hearing officer shall conduct the
			 hearing and shall have, but not be limited to, the following powers:
1) to administer, or to authorize the court
			 reporter to administer, oaths;
2)
			 to examine witnesses;
3) to issue
			 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; and
8) to render decisions and issue orders and
			 clarifications.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 828 - IMPARTIAL DUE PROCESS HEARING › Section 828.100 - Decision of the Hearing Officer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 10 days after the conclusion of the
			 hearing, the hearing officer shall issue a written decision that sets forth the
			 issues in dispute, the findings of fact based upon the evidence and testimony
			 presented, and the hearing officer's conclusions of law and orders. The hearing
			 officer shall determine whether the evidence establishes that the student has
			 needs that require special education services and, if so, whether the services
			 proposed or provided by the School are appropriate given the student's
			 identified needs.
b) The hearing
			 officer's decision shall be sent by certified mail to the involved parties. The
			 decision shall be translated into the native language of the parents or
			 guardians 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. A filing of a civil
			 action shall act as a supersedeas, and implementation of the hearing officer's
			 decision shall be stayed pending judicial review.
d) The hearing decision, if not appealed
			 pursuant to subsection (c), shall be enforced by the School.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.20 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing contained herein shall be construed as relieving a
				School of its duty to comply with Title IX of the Education Amendments of 1972
				( 20 USC
				1681 et seq.) or its implementing regulations
				( 34 CFR 106 ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.30 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a) All policies and
			 practices of the School shall comply with Title IX of the Education Amendments
			 of 1972 ( 20
			 USC 1681 et seq.), Article I, Section 18 of
			 the Illinois Constitution, and Sections 10-22.5 and 27-1 of the School Code
			 [105 ILCS
			 5/10-22.5 and 27-1].
b) The School shall not discriminate on the
			 basis of sex in the provision of programs, activities, services, or benefits.
			 They shall guarantee both sexes equal access to educational and extracurricular
			 programs and activities.
c) Any
			 individual(s) wishing to appeal a decision of action alleging that a School has
			 discriminated against a student or students on the basis of the student's sex
			 may do so as set forth in 89 Ill. Adm. Code 510 (Appeals).
d) Each School shall take reasonable measures
			 to assure that employees, students and parents or guardians are informed of the
			 School's sex equity policy and grievance procedure, e.g., through the use of
			 policy manuals and student handbooks.
e) Each School shall, at least every four
			 years, evaluate its policies and practices in terms of the requirements of
			 these rules to identify sex discrimination and shall develop a written sex
			 equity plan to modify any policy or practice that does not meet the
			 requirements of those rules and take remedial steps to eliminate the effects of
			 any discrimination resulting from the policy or practice.
1) The sex equity evaluation shall include an
			 examination of course enrollment data to identify any instances of
			 disproportionate enrollment on the basis of sex and, where discrimination may
			 have contributed to the disproportionality, the sex equity plan shall seek to
			 redress the disproportionality identified.
2) DHS-DRS shall assure that in-service
			 training implementing the sex equity plan shall be provided to the School
			 administrators and to certificated and non-certificated personnel
			 annually.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.40 - Treatment of Students

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 student shall, on the basis of sex, be denied equal access to programs,
			 activities, services or benefits or be limited in the exercise of any right,
			 privilege, advantage or opportunity.
b) A School shall apply the same system and
			 program admission standards for both sexes.
c) A School shall not set quotas limiting the
			 number of either male or female students who will be admitted to the School's
			 programs, courses or activities unless the quotas have the effect of furthering
			 affirmative action goals established by the School to overcome the effects of
			 conditions that resulted in limited participation in a program or activity by
			 persons of a particular sex.
d)
			 Graduation requirements shall be the same for both sexes.
e) No student shall be discriminated against
			 because of his or her actual or potential marital or parental status.
1) Pregnancy shall be treated as any other
			 temporary disability.
2) Pregnancy
			 or parenthood shall not be considered cause for dismissal or exclusion from any
			 program or activity.
3)
			 Participation in special programs provided for pregnant students or students
			 who are parents shall be at the student's option.
4) The School shall eliminate administrative
			 and programmatic barriers to school attendance and school completion by
			 pregnant students or students who are parents.
5) The School will not pay for medical care
			 directly related to pregnancy or for child care for the children of
			 students.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.50 - Educational Programs and Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Practices
1) All courses shall be open to students
			 regardless of their sex, although students may be segregated by sex during
			 class sessions or portions of class sessions that deal exclusively with human
			 sexuality.
2) Students shall be
			 advised to take courses consistent with their interests and abilities,
			 regardless of their sex.
3) Neither
			 course titles nor course descriptions shall discourage either sex from
			 enrolling.
4) Course prerequisites
			 and course requirements shall be the same for both sexes.
5) Course content and course objectives shall
			 not discriminate on the basis of sex.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.60 - Counseling Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Counseling services shall be provided without discrimination on the basis of
			 sex.
1) Students shall not be assigned to a
			 counselor on the basis of sex.
2)
			 Students shall be counseled to take courses and pursue careers that are
			 consistent with their strengths, interests and abilities, regardless of their
			 sex.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.70 - Extracurricular Programs and Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Practices
1) Except as provided in subsection
			 (b)(1)(A), students of both sexes shall have equal access to all
			 extracurricular programs and activities, including clubs, committees, service
			 or honor organizations, intramural sports programs, interscholastic athletics
			 and other after-school activities that are offered by a School.
2) Except as provided in subsection
			 (b)(1)(A), extracurricular programs and activities offered by a School shall
			 not use titles that imply that membership or participation is restricted on the
			 basis of sex.
3) A School shall not
			 provide significant assistance to any association or conference whose purpose
			 is to organize or regulate interscholastic competition if that association or
			 conference discriminates on the basis of sex in the provision of benefits or
			 services to students.
4) The School
			 may cooperate with single sex youth organizations that are tax exempt and whose
			 membership has traditionally been limited to members of one sex and principally
			 to persons who are under 19 years of age, provided that comparable activities
			 shall be available for both sexes.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.80 - Compliance and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Compliance with this Part will be subject to evaluation during
				the recognition process for the School established in 23 Ill. Adm. Code 1
				(Public Schools Evaluation, Recognition and Supervision).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.90 - Effects of Other Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The obligation to comply with this Part is not obviated or
				alleviated by any policy or regulation of any club, organization, athletic
				league or other association that would limit the eligibility or participation
				of students on the basis of their sex in any program or activity operated by
				any School covered by this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 829 - SEX EQUITY › Section 829.100 - Supervision of Students by School Staff

Current through Register Vol. 48, No. 28, July 12, 2024
a) Supervision and assistance of female
			 students, as necessary, in the performance of personal hygiene will be
			 performed by an adult female staff.
b) Extracurricular activities that require
			 overnight stays away from the School will be supervised by female staff when
			 the students involved are female.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 830 - NON-ACADEMIC PROGRAMS AND POLICIES › Section 830.10 - The Taking and Using of Students' Photographs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department of Human Services (DHS)
			 employees will not be permitted to take or use a photograph of a student which
			 would demean or embarrass the student or would not be considered by reasonable
			 viewers to represent the student in a positive or favorable manner. Photographs
			 of a student will only be taken or used by a DHS employee when the permission
			 of the student's parent or guardian, or the student (when the student is 18 or
			 over) has been obtained.
b) The
			 superintendent of the State School shall not authorize any person(s) not
			 employed by DHS to photograph a student on campus, nor will the State School
			 provide a photograph to such a person(s) unless the superintendent or designee
			 knows the purpose for which the picture will be used and has assurance that
			 that person(s) will observe the standards as set forth in subsection (a).
			 Insofar as possible, photographs of a student will only be taken or used when
			 the permission of the student's parent or guardian, or the student (when the
			 student is 18 or over) has been obtained.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 830 - NON-ACADEMIC PROGRAMS AND POLICIES › Section 830.15 - Locally Held Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
			 20 ILCS
			 2405/13(i), Illinois School for the
			 Deaf (ISD), Illinois School for the Visually Impaired (ISVI), and Illinois
			 Center for Rehabilitation and Education - Roosevelt (ICRE-R) shall each
			 maintain accounts of Locally held funds for the purpose of providing benefits,
			 amusement, and special services to the students of each State School.
b) Locally held funds are non-appropriated
			 monies received by either ISD, ISVI, or ICRE-R from any source including
			 grants, bequests, and gifts.
c) All
			 Locally held funds shall be established and all activity regarding the funds
			 reported pursuant to Section
			 33.10 of the
			 Comptroller's Unified Statewide Accounting System (CUSAS).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 830 - NON-ACADEMIC PROGRAMS AND POLICIES › Section 830.20 - Needy Student Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each State
			 School shall maintain a Needy Student Fund to provide for the special comfort,
			 pleasure and amusement of the students, or for students having few or no
			 personal financial resources.
b)
			 All interest and income earned on student trust funds and funds specifically
			 donated for the purpose of providing support for students having few or no
			 personal financial resources shall be deposited in this fund.
c) Expenditures from this fund may be
			 authorized by the superintendent at the request of a student and/or staff
			 member for the purposes stated in subsection (a). In determining whether to
			 authorize expenditures from the Needy Student Fund, the superintendent shall
			 consider the amount of funds available, the purpose of the expenditure, and the
			 needs and resources of the student. Documentation of all expenditures must be
			 maintained.
d) These funds and the
			 records pertaining to such funds shall be subject to audit by DHS' internal
			 auditors and by the Auditor General of the State of Illinois.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 830 - NON-ACADEMIC PROGRAMS AND POLICIES › Section 830.30 - Student Trust Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) Students are
			 encouraged not to keep substantial amounts of money, based on the age and
			 maturity level of each student, on their persons or in their rooms, but to
			 deposit it in the Student Trust Fund. Money can be deposited in the Student
			 Trust Fund by the student or parents in person or by mail. A receipt shall be
			 provided to the depositor.
b) Any
			 restrictions or special considerations which the parents wish to apply to the
			 student's withdrawals from the Trust Fund must be communicated in writing to
			 the superintendent each year or when changes are to be made.
c) Students may make withdrawals, subject to
			 any limitations the parents have imposed as set forth in subsection (b), of
			 their money from the Trust Fund in increments of their choosing. However, if a
			 student requests an unusually large amount, based on the age and maturity level
			 of each student, he or she shall be asked to explain the need and the parents
			 will be contacted before the request will be approved. A dated, signed form
			 acknowledging receipt must be completed at the time of withdrawal.
d) Parents or the students will be informed
			 of the student's balance in the fund on a quarterly basis.
e) The Student Trust Fund is subject to the
			 usual accounting controls (74 Ill. Adm. Code 245) and to audits by DHS'
			 internal auditors and by the Auditor General of the State of
			 Illinois.