Section 401.240  Staffing Requirements

a)         The composition and qualifications of each facility's professional and paraprofessional staff shall be in accordance with the needs and requirements of the students with disabilities placed under Section 14-7.02 of the School Code.  Each provider subject to this Part shall employ sufficient professional staff, including staff having professional expertise and training in the disability-related educational needs of the students served, to meet the applicable requirements of 23 Ill. Adm. Code 226, Subpart I (Personnel), as those requirements are affected by Section 10-21.4a of the School Code [105 ILCS 5/10-21.4a], if applicable, and by the policies of the State Board of Education regarding the certification of personnel in special education that took effect on July 1, 2001, pursuant to a federal court order in the matter of Corey H., et al., v. Board of Education of the City of Chicago, et al.  A head teacher serving in place of a principal as permitted by Section 10-21.4a of the School Code shall be required to hold a supervisory endorsement.  Paraprofessionals employed by facilities under this Part shall be subject to the requirements of 23 Ill. Adm. Code 25.510 (Paraprofessionals; Teacher Aides).

b)         Substitute teachers holding valid early childhood, elementary, secondary, special K-12, special preschool-age 21, or substitute certificates shall be employed to replace absent teachers.  Only teachers holding certification or teaching approval in special education, as applicable to the students to be taught, shall be used to open new classrooms, begin a school year, or meet the staffing requirements set forth in this Section for purposes of approval of an application for eligibility.

c)         Facilities located outside Illinois shall employ personnel who possess the specific qualifications comparable to those issued in Illinois in connection with the positions in question.

d)         If the State Superintendent determines that a program has been operated for more than 60 consecutive calendar days in noncompliance with the requirements of this Section, the State Superintendent shall change the provider's approval status accordingly, pursuant to the provisions of Section 401.30 of this Part.

(Source:  Amended at 30 Ill. Reg. 8818, effective April 25, 2006)