Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.80 - Referrals to other special education facilities from state-operated facility programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
				treatment or habilitation conference determines that a recipient would benefit
				significantly from sustained interaction with non-handicapped peers, the
				facility may recommend educational placement in a public school or non-public
				special education facility in cooperation with the public school. Placement
				shall be recommended unless the recipient poses a physical threat to him (her)
				self or his or her non-handicapped peers. If, for any reason, the recommended
				placement cannot be immediately implemented, the facility shall provide as
				appropriate a placement as possible consistent with Section
				108.90.
				Such placement shall be detailed in the recipient's clinical record.
b) The availability of community resources
				including non-public programs in no way relieves the facility of its
				responsibility to assure a comprehensive program of special education nor its
				responsibility to the individual recipient.
c) When a treatment or habilitation
				conference determines that a recipient cannot be provided with an appropriate
				education by the facility, the multi-disciplinary team shall meet with the
				recipient's parents, representative(s) of the school district of parental
				residency and the potential provider public school or non-public special
				education facility, to develop an individualized program in accordance with
				this Part prior to placement. If any of the representatives cannot attend, the
				facility shall use other methods to insure participation and document such
				efforts in the recipient's clinical record.
d) The facility shall be responsible for
				locating an appropriate public school or non-public special education facility
				and for facilitating the referral to that program. An appropriate program is
				one which will provide the recipient with special education experiences, in
				accordance with the recipient's individual treatment or habilitation
				plan.
e) Any recipient determined
				eligible under subsection (a) of this Section for placement in a public school
				or non-public special education facility shall, with the consent of the parent
				and the local school district, be enrolled by the facility in the local school
				district where that facility is located. If the local school district does not
				consent, the Department will provide the educational component of the
				individual treatment or habilitation plan.
f) The facility shall maintain a record of
				supportive data on each recipient placed in a public school or non-public
				special education facility. This data will include:
1) A summary of the recipient's diagnostic
				profile on which placement is based;
2) A description of the program as required
				by the educational component of the recipient's individual treatment or
				habilitation plan;
3) An
				explanation of why the recipient's needs cannot be met by the
				facility;
4) A description of the
				special education program offered by the provider school;
5) Conference report and periodic progress
				reports submitted by the provider school to the facility; and
6) An annual reassessment of the need for
				continued placement in a provider school.