Section 226.820  Authorization for Assignment

In the circumstances described in this Section, neither the qualifications required by Section 226.800 of this Part nor special education approval under Section 226.810 of this Part shall be required.  When authorized pursuant to this Section, reimbursement shall be available for staff providing special education and related services.

a)         No Fully Qualified Individual Available

1)         When a district or cooperative entity, regional superintendent of schools, or nonpublic special education facility approved pursuant to 23 Ill. Adm. Code 401 (Special Education Facilities Under Section 14-7.02 of the School Code) demonstrates to the State Board of Education that it is unable to secure the services of an individual who holds the required credentials for a particular assignment, the State Board may authorize the assignment of another individual if the director of special education submits a written request through the regional superintendent of schools, on a form provided by the State Board, that:

A)        describes the position or assignment involved or the services to be provided and identifies the required certificate or approval;

B)        describes the population to be served, including the number of students in each disability category represented;

C)        describes the type and frequency of supervision and technical assistance to be provided to the individual, including the name and title of the supervisor and any other individual who will provide technical assistance;

D)        describes the unique training, education, experience, or other qualifications that will assist the individual in fulfilling the requirements of the position;

E)         describes the district's or cooperative entity's efforts to locate a fully qualified individual to fill the position, including contacts with universities, regional superintendents, and the State Board of Education; and

F)         indicates that the individual to be assigned is working toward attainment of the required certificate, endorsement, or approval for the position.

2)         The State Board's authorization to assign such an individual shall be specific to the affected position and to the district or cooperative entity requesting the authorization and shall be limited to two years in duration.

3)         As of January 1, 2002, no further authorizations to assign individuals to special education teaching positions shall be issued pursuant to this Section.  The provisions of 23 Ill. Adm. Code 25.48 (Short-Term Emergency Certification in Special Education) shall apply instead.  An individual for whom an authorization was issued prior to January 1, 2002, shall be allowed to serve in the current assignment until that authorization expires.

b)         Interns

The State Board may also authorize the assignment of interns in school psychology, school social work, school nursing, and speech/language pathology who will work under the supervision of fully qualified professionals, subject to the requirements of this subsection (b).

1)         For each intern in school psychology, school social work, or school nursing, the director of special education shall submit, on forms supplied by the State Board:

A)        verification provided by an educational institution that the candidate is participating in a formal internship under its auspices; and

B)        a request for authorization to assign the individual to an intern's position.

2)         For each intern in speech/language pathology, the director of special education shall submit evidence that the individual holds a valid teaching certificate and has a bachelor's degree in communication disorders.  The individual shall also either have completed graduate-level coursework in communication disorders or be enrolled in a program providing such coursework.  The director of special education shall provide evidence that the intern will be supervised by an individual who holds a special preschool-age 21 certificate endorsed for speech and language impaired or speech-language pathology pursuant to 23 Ill. Adm. Code 25.43 or 25.45, as applicable.

            c)         No Specific Credential Required

1)         When a school district or cooperative entity needs to fill a position for which no specific certificate, endorsement, or other credential is required, the district or cooperative entity shall seek authorization from the State Board of Education to assign the individual who has been selected.

2)         The director of special education shall submit a written request through the regional superintendent of schools, on a form provided by the State Board, that:

A)        describes the position or the service to be provided, why it is needed, and for how long it is expected to be needed; and

B)        describes the training, education, experience, or other qualifications held by the individual selected that will be relevant to the unique needs of the students to be served (e.g., experience in teaching students with similar disabilities, experience in providing the specific services involved).

3)         The State Board's authorization to assign such an individual shall be limited to the period for which the service is stated to be needed and shall be specific to the affected position and to the requesting entity.

(Source:  Amended by peremptory rulemaking at 35 Ill. Reg. 14836, effective August 22, 2011)