Illinois Compiled Statutes
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SCHOOLS105 ILCS 5/14-1.11a
(105 ILCS 5/) School Code.
(105 ILCS 5/14-1.11a)
(from Ch. 122, par. 14-1.11a)
Resident district; student.
The resident district is the school district in which the student resides when:
(1) the parent has legal guardianship but the
location of the parent is unknown; or
(2) an individual guardian has been appointed but the
location of the guardian is unknown; or
(3) the student is 18 years of age or older and no
legal guardian has been appointed; or
(4) the student is legally an emancipated minor; or
(5) an Illinois public agency has legal guardianship
and such agency or any court in this State has placed the student residentially outside of the school district in which the parent lives.
In cases where an Illinois public agency has legal guardianship and has
placed the student residentially outside of Illinois, the last school
district that provided at least 45 days of educational service to the
student shall continue to be the district of
residence until the student is no longer under guardianship of an Illinois
public agency or until the student is returned to Illinois.
The resident district of a homeless student is the Illinois district in
which the student enrolls for educational services. Homeless students
include individuals as defined in the Stewart B. McKinney Homeless Assistance
(Source: P.A. 95-844, eff. 8-15-08.)
105 ILCS 5/14-1.11b
(105 ILCS 5/14-1.11b)
(from Ch. 122, par. 14-1.11b)
Resident district; applicability.
The provisions of
Sections 14-1.11 and 14-1.11a shall be used to determine the resident
district in all cases where special education services and facilities are
provided pursuant to Article 14.
(Source: P.A. 87-1117.)
105 ILCS 5/14-2
(105 ILCS 5/14-2)
Definition of general education classroom for special education students receiving services in the general education classroom.
(a) With respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification.
(b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.
(Source: P.A. 97-284, eff. 8-9-11.)
105 ILCS 5/14-3.01
(105 ILCS 5/14-3.01)
(from Ch. 122, par. 14-3.01)
This amendatory Act of 1998, in compliance with the reauthorization of IDEA
in 1997, makes changes in the membership and responsibilities of the Advisory
Council on the Education of Children with
Disabilities. The Council shall provide advice and policy guidance to the
Governor, General Assembly, and the State Board of Education with respect to
special education and related services for children with disabilities. The
State Board of Education shall seek the advice of the Advisory Council
regarding all rules and regulations related to the education of children with
disabilities that are to be promulgated by the State Board of Education. The
State Board of Education shall seek the advice of the Advisory Council on
modifications or additions to comprehensive plans submitted under Section
14-4.01. The Council shall consider any rule or regulation or plan submitted
to it by the State Board of Education within 60 days after its receipt by the
chairperson of the Council.
Additionally, the Advisory Council shall: (1) advise the General Assembly,
the Governor, and the State Board of Education on unmet needs in the education
of children with disabilities; (2) assist the State Board of Education in
developing evaluations and reporting on data to the United States Secretary of
Education; (3) advise the State Board of Education relative to qualifications
for hearing officers and the rules and procedures for hearings conducted under
Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations
the State regarding the education of children with disabilities and the
procedures for distribution of funds under this Act; (5) advise the State Board
of Education in developing corrective action plans to address findings
identified in federal monitoring reports pursuant to the Individuals with
Disabilities Education Act; (6) advise State and local education agencies
regarding educational programs and materials that may be provided to children
with disabilities to enable them to fully exercise their constitutional and
legal rights and entitlements as citizens, including those afforded under the
Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights
Act; and (7)
advise the State Board of Education in developing and implementing policies
relating to the coordination of services for children with disabilities.
The Council shall be composed of 27 members, including 23 voting members
appointed by the Governor and 4 ex-officio voting members. Members shall be
broadly representative of the State's population in regard to developmental,
physical, and mental disabilities, race, ethnic background, gender, and
geographic location. Nine members shall be parents of children with
disabilities between the ages of 3 and 21 years currently receiving special
education services at public expense. Five members shall be individuals with
disabilities, including one student or former student who is at least 18 years
of age and no older than 21 years of age at the time of
his or her appointment to the Council and who is receiving special education
services at public expense or received those services at the time his or her
high school program terminated. Within 30 days after
effective date of this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as inclusive as possible and based
upon a reasonable inquiry, and Parent Training and Information Centers
representing parents of children with disabilities, individuals with
disabilities or both, to convene for the purpose of recommending
to the Governor twice the number of individuals required to be appointed as
members from each of the
categories described in this paragraph, from which the Governor may appoint the
14 members of the Council who are
parents of children with disabilities and individuals with disabilities. The
members who are parents of children with disabilities between the ages of 3 and
21 years receiving special education services at public expense and the 5
members who are individuals with disabilities shall not be current full or
part-time employees of school districts, special education cooperatives,
regional service areas or centers, or any agency under the jurisdiction of any
elected State official.
In addition, the Governor shall appoint one regional superintendent of
schools, one representative of an institution of higher education that prepares
special education and related services personnel, one teacher of students with
disabilities, one superintendent of a public school district, one director of a
special education cooperative or special education administrator from a school
district of less than 500,000 population, one representative of a public
charter school, one representative of a private school serving children with
disabilities, one representative of a vocational, community, or business
organization that provides transition services to children with disabilities,
and one at-large member from the general public. In addition, the Secretary of
Human Services or his or her designee, the Director of Children and Family
Services or his or her designee, the Director of Corrections or his or her
designee, and the Director of Special Education for the City of Chicago School
District #299 or his or her designee shall serve as ex-officio voting members
of the Council.
All Council members shall be legal residents of
the State of Illinois and shall be selected, as far as practicable, on the
basis of their knowledge of, or experience in, the education of children with
The initial members to be appointed to the Council by the Governor under the
provisions of this amendatory Act of 1998 shall be appointed within 60 days
after the effective date of that amendatory Act; provided that those persons
who are serving as Council members on that effective date and who, as
determined by the Governor after consultation with the State Board of
Education, meet the requirements established by this amendatory Act for
appointment to membership on the Council shall continue to serve as
Council members until the completion of the remainder of their current terms.
The initial members of the Council who are not Council members on the effective
date of this amendatory Act of 1998 and who are appointed by the Governor under
this amendatory Act of 1998 shall by lot determine one-third of their number to
serve for a term of 2 years (provided that person appointed as the student or
former student member shall be included among those members who are to serve a
term of 2 years), one-third of their number to serve for a term of 3
years, and one-third of their number to serve for a term of 4 years; provided,
that if the total number of initial members so appointed by the Governor is not
divisible into 3 whole numbers, all of the initial members so appointed shall
by lot be assigned to 3 groups as follows: (i) the members assigned to the
first group, who shall include the student or former student member and who
shall be equal in number
to the number of members who are assigned to the second group, shall serve for
2 years; (ii) the members assigned to the second group, who shall be equal in
number to the number of members who are assigned to the first group, shall
serve for a
term of 3 years; and (iii) the members assigned to the third group, who shall
comprise the remainder of the initial members so appointed by the Governor and
whose number shall be either one more or one less than the number of members
assigned to either the first group or second group, shall serve for a term of 4
years. Upon expiration of
the term of office of a member of the Council who is
not an ex-officio member, his or her successor shall be appointed by the
Governor to serve for a term of 4 years, except that a successor appointed as
the student or former student
member shall be appointed to serve for a term of 2 years. Each member of the
Council who is not
an ex-officio member and whose term of office expires shall nevertheless
continue to serve as a Council member until his or her successor is appointed.
Each of the 4 ex-officio members of the Council shall continue to serve as a
Council member during the period in which he or she continues to hold the
office by reason of which he or she became an ex-officio member of the Council.
The initial members of the Council who are not ex-officio members shall not,
upon completion of their respective
initial terms, be appointed to serve more than one additional consecutive term
of 4 years, nor shall any successor member of the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided, that a person appointed as
the student or former student member shall serve only one two-year term and
shall not be reappointed to serve for an additional term. Vacancies in Council
held by parents of children with
disabilities or individuals with disabilities may be filled from the original
list of such parents and individuals recommended to the Governor. The Governor
shall reconvene the group of organizations that provided the original list of
parents of children with disabilities and individuals with disabilities when
additional recommendations for those Council memberships are needed, but at a
minimum the group shall be convened every 2 years for the purpose of updating
the list of recommended parents or individuals. A vacancy in an appointed
membership on the Council shall be filled for the unexpired balance of the term
of that membership in the same manner that the original appointment for that
membership was made.
The terms of all persons serving as Advisory Council members on the effective
date of this amendatory Act of 1998 who are not determined by the Governor,
consultation with the State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial membership on the
Council shall terminate on the date that the Governor completes his
the initial members of the Council under this amendatory Act, and the
members of the Council as constituted under this amendatory Act shall take
office and assume their powers and duties on that date.
The Council as constituted under this amendatory Act of 1998 shall organize
with a chairperson selected by the Council members and shall meet at the call
of the chairperson upon 10 days written notice but not less than 4 times a
year. The Council shall establish such committees and procedures as it deems
appropriate to carry out its responsibilities under this Act and the federal
Individuals with Disabilities Education Act.
The State Board of Education shall designate an employee to act as executive
secretary of the Council and shall furnish all professional and clerical
assistance necessary for the performance of its duties.
Members of the Council
shall serve without compensation but shall be reimbursed for the necessary
expenses incurred in the performance of their duties in accordance with the
State Board of Education's Travel Control Policy.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)
105 ILCS 5/14-3.02
(105 ILCS 5/14-3.02)
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14-3.03
(105 ILCS 5/14-3.03)
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14-4.01
(105 ILCS 5/14-4.01)
(from Ch. 122, par. 14-4.01)
Special educational facilities for
children with disabilities.
School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
All school districts, administrative districts or governing boards
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-5.01
(105 ILCS 5/14-5.01)
(from Ch. 122, par. 14-5.01)
Application of Article.
This Article applies to school boards of all types and sizes of school
districts, including but not limited to special charter districts,
community consolidated school districts, community unit school districts,
consolidated school districts, high school districts, non-high school
districts, community high school districts, and districts exceeding 500,000
(Source: Laws 1965, p. 1948
105 ILCS 5/14-6.01
(105 ILCS 5/14-6.01)
(from Ch. 122, par. 14-6.01)
Powers and duties of school boards.
School boards of
one or more school districts establishing and maintaining any of the
educational facilities described in this Article shall, in connection
therewith, exercise similar powers and duties as are prescribed by law
for the establishment, maintenance and management of other recognized
educational facilities. Such school boards shall include only eligible
children in the program and shall comply with all the requirements of
this Article and all rules and regulations established by the State
Board of Education. Such school boards shall accept in part-time
attendance children with disabilities of the types
described in Sections
14-1.02 through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent or
guardian of the disabled child and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. Transportation for students in part time attendance shall be
provided only if required in the child's individualized educational program
on the basis of the child's disabling condition or as the
program location may require.
A school board shall publish a public notice in its newsletter of
general circulation or in the newsletter of another governmental entity of
general circulation in the district or if neither is available in the
district, then in a newspaper of general circulation in the district, the
right of all children with disabilities to a free
appropriate public education
as provided under this Code. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment and
placement of such children.
School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14-8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94-142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low-cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
No disabled student may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
Effective July 1, 1966, high school districts are financially
responsible for the education of pupils with disabilities who
are residents in their
districts when such pupils have reached age 15 but may admit
children with disabilities into special educational facilities without
regard to graduation
from the eighth grade after such pupils have reached the age of 14 1/2 years.
Upon a disabled pupil's attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 98-219, eff. 8-9-13.)
105 ILCS 5/14-6.02
(105 ILCS 5/14-6.02)
(from Ch. 122, par. 14-6.02)
Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks for
the benefit of a student with a disability shall be permitted to accompany
that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 48-8 of the Criminal Code of 2012.
(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
105 ILCS 5/14-6.03
(105 ILCS 5/14-6.03)
Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or after January 1,
2002, no person shall perform the duties of a speech-language
pathology assistant without first applying for and receiving a license for that
purpose from the Department of Professional Regulation.
A person employed as a speech-language pathology
assistant in any class, service, or program authorized by this Article may
perform only those duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section.
This Section does not apply to speech-language pathology paraprofessionals
approved by the State Board of Education.
(b) A speech-language pathology assistant may not be assigned his or her own
student caseload. The student caseload limit of a speech-language
pathologist who supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students served by the
speech-language pathologist. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or after September
at any time. The caseload limit of a part-time speech-language pathologist
shall be determined by multiplying the caseload limit of a full-time
speech-language pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by the number of
hours worked by a full-time speech-language pathologist in that school
district. Employment of a speech-language pathology assistant may not increase
decrease the caseload of the supervising speech-language pathologist.
(c) A school district that intends to utilize the services of a
speech-language pathology assistant must provide written notification to the
guardian of each student who will be served by a speech-language pathology
(d) The scope of responsibility of a speech-language pathology assistant
shall be limited to supplementing the role of the speech-language
pathologist in implementing the treatment program established by a
speech-language pathologist. The functions and duties of a speech-language
assistant shall be limited to the following:
(1) Conducting speech-language screening, without
interpretation, and using screening protocols selected by the supervising speech-language pathologist.
(2) Providing direct treatment assistance to students
under the supervision of a speech-language pathologist.
(3) Following and implementing documented treatment
plans or protocols developed by a supervising speech-language pathologist.
(4) Documenting student progress toward meeting
established objectives, and reporting the information to a supervising speech-language pathologist.
(5) Assisting a speech-language pathologist during
assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist.
(6) Acting as an interpreter for non-English speaking
students and their family members when competent to do so.
(7) Scheduling activities and preparing charts,
records, graphs, and data.
(8) Performing checks and maintenance of equipment,
including, but not limited to, augmentative communication devices.
(9) Assisting with speech-language pathology research
projects, in-service training, and family or community education.
(e) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized
diagnostic tests or formal or informal evaluations or interpret test results;
(2) screen or diagnose students for feeding or
(3) participate in parent conferences, case
conferences, or any interdisciplinary team without the presence of the supervising speech-language pathologist;
(4) provide student or family counseling;
(5) write, develop, or modify a student's
individualized treatment plan;
(6) assist with students without following the
individualized treatment plan prepared by the supervising speech-language pathologist;
(7) sign any formal documents, such as treatment
plans, reimbursement forms, or reports;
(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information,
either orally or in writing, to anyone other than the supervising speech-language pathologist;
(11) make referrals for additional services;
(12) counsel or consult with the student, family, or
others regarding the student's status or service;
(13) represent himself or herself to be a
speech-language pathologist or a speech therapist;
(14) use a checklist or tabulate results of feeding
or swallowing evaluations; or
(15) demonstrate swallowing strategies or precautions
to students, family, or staff.
(f) A speech-language pathology assistant shall practice only under the
supervision of a speech-language pathologist who has at least 2 years
experience in addition to the supervised professional experience required under
subsection (f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who supervises a
speech-language pathology assistant must have completed at least 10 clock
hours of training in the supervision of speech-language pathology assistants.
The State Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a speech-language
pathologist to apply to the State Board of Education for an exemption from this
training requirement based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under the direct
of a speech-language pathologist at least 30% of the
speech-language pathology assistant's actual student contact time per student
for the first 90 days of initial employment as a speech-language pathology
assistant. Thereafter, the speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at least 20% of the
speech-language pathology assistant's actual student contact time per student.
Supervision of a speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the discretion of the
supervising speech-language pathologist. A supervising speech-language
pathologist must be available to communicate with a speech-language pathology
assistant whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a speech-language
pathology assistant must document direct supervision activities. At a
minimum, supervision documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's performance of
assigned duties and (ii) verification that clinical activity is limited to
duties specified in this Section.
(i) A full-time speech-language pathologist may supervise no more than 2
speech-language pathology assistants. A speech-language pathologist
that does not work full-time may supervise no more than one speech-language
(Source: P.A. 92-510, eff. 6-1-02.)
105 ILCS 5/14-6.04
(105 ILCS 5/14-6.04)
Contracting for speech-language pathology services.
(a) For purposes of this Section:
"Reasonable efforts" means performing all of the following:
(1) placing at least 3 employment advertisements for
a speech-language pathologist published in the newspaper of widest distribution within the school district or cooperative;
(2) placing one employment listing in the placement
bulletin of a college or university that has a speech-language pathology curriculum that is located in the geographic area of the school district or cooperative, if any; and
(3) posting the position for speech-language
pathologist on the Illinois Association of School Administrators' job placement service for at least 30 days.
"Speech-language pathologist" means a person who:
(1) holds a master's or doctoral degree with a major
emphasis in speech-language pathology from an institution whose course of study was approved or program was accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology of the American Speech-Language-Hearing Association or its predecessor; and
(2) either (i) has completed a program of study that
meets the content-area standards for speech-language pathologists approved by the State Board of Education, in consultation with the State Teacher Certification Board, (ii) has completed a program in another state, territory, or possession of the United States that is comparable to an approved program of study described in item (i), or (iii) holds a certificate issued by another state, territory, or possession of the United States that is comparable to the school service personnel certificate with a speech-language endorsement. If the requirements described in items (i), (ii), or (iii) of this paragraph (2) have not been met, a person must provide evidence that he or she has completed at least 150 clock hours of supervised experience in speech-language pathology with students with disabilities in a school setting, including experience required by federal law or federal court order; however, a person who lacks such experience may obtain interim certification as established by the Illinois State Board of Education, in consultation with the State Teacher Certification Board, and shall participate in school-based professional experience of at least 150 clock hours to meet this requirement.
"Speech-language pathology services" means the application of methods and
procedures for identifying, measuring, testing, appraising, predicting, and
modifying communication development and disorders or disabilities of speech,
language, voice, swallowing, and other speech, language, and voice-related
disorders for the purpose of counseling, consulting, and rendering services or
participating in the planning, directing, or conducting of programs that are
designed to modify communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice, and swallowing
(b) A school district or a cooperative must make reasonable efforts to
employ a speech-language pathologist. While making those reasonable efforts or
after unsuccessful reasonable efforts have been made, or both, a school
district or cooperative may contract for speech-language pathology
services with a speech-language pathologist or an entity that employs
speech-language pathologists. A speech-language pathologist who provides
speech-language pathology services pursuant to a contract must:
(1) hold a speech-language pathology license under
the Illinois Speech-Language Pathology and Audiology Practice Act or hold or have applied for a temporary license issued under Section 8.1 of that Act; and
(2) hold a certificate under this Code with an
endorsement in speech-language pathology.
(Source: P.A. 93-110, eff. 7-8-03; 93-1060, eff. 12-23-04.)
105 ILCS 5/14-6.10
(105 ILCS 5/14-6.10)
Transfer of parental rights at the age of majority.
(a) When a student who is eligible for special education under this Article reaches the majority age of 18 years, all rights accorded to the student's parents under this Article transfer to the student, except as provided in this Section. This transfer of rights also applies to students who are incarcerated in an adult or juvenile State or local correctional institution. Nothing in this Section shall be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including, but not limited to, the student's parent, assist the student in making decisions regarding the student's individualized education program.
(b) The school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. At that time, the school district must provide the student with a copy of the Delegation of Rights form described in this Section. The school district must mail the notice and a copy of the Delegation of Rights form to the student and to the student's parents, addressed to their last known address, if they do not attend the meeting.
(c) Rights shall not transfer from the parents to the student under this Section if either of the following apply:
(1) The student with a disability who has reached
the age of majority has been adjudged incompetent under State law.
(2) The student has not been adjudged incompetent
under State law, but the student has executed a Delegation of Rights to make educational decisions pursuant to this Section for the purpose of appointing the student's parent or other adult to represent the educational interests of the student.
A student may terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. The Delegation of Rights shall meet all of the following requirements:
(A) It shall remain in effect for one year after the
date of execution, but may be renewed annually with the written or other formal authorization of the student and the person the student delegates to represent the educational interests of the student.
(B) It shall be signed by the student or verified by
other means, such as audio or video or other alternative format compatible with the student's disability showing that the student has agreed to the terms of the delegation.
(C) It shall be signed or otherwise manifest
verification that the designee accepts the delegation.
(D) It shall include declarations that the student
(i) is 18 years of age or older, (ii) intends to delegate his or her educational rights under federal and State law to a specified individual who is at least 18 years of age, (iii) has not been adjudged incompetent under State law, (iv) is entitled to be present during the development of the student's individualized education program and to raise issues or concerns about the student's individualized education program, (v) will be permitted to terminate the Delegation of Rights at any time, and (vi) will notify the school district immediately if the student terminates the Delegation of Rights.
(E) It shall be identical or substantially the same
DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
I, (insert name), am 18 years of age or older and a student who has the right to make educational decisions for myself under State and federal law. I have not been adjudged incompetent and, as of the date of the execution of this document, I hereby delegate my right to give consent and make decisions concerning my education to (insert name), who will be considered my "parent" for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on a parent under those laws. I understand and give my consent for (insert name) to make all decisions relating to my education on my behalf. I understand that I have the right to be present at meetings held to develop my individualized education program and that I have the right to raise any issues or concerns I may have and that the school district must consider them.
This delegation will be in effect for one year from the date of execution below and may be renewed by my written or other formal authorization. I also understand that I have the right to terminate this Delegation of Rights at any time and assume the right to make my own decisions regarding my education. I understand that I must notify the school district immediately if I revoke this Delegation of Rights prior to its expiration.
DATE: (insert date)
Accepted by: (insert name)
(Source: P.A. 95-372, eff. 8-23-07.)
105 ILCS 5/14-7.01
(105 ILCS 5/14-7.01)
(from Ch. 122, par. 14-7.01)
Children attending classes in another district.) If a
child, resident of one school district, because of his disability, attends
a class or school for any of such types of children in another school
district, the school district in which he resides shall grant the proper
permit, provide any necessary transportation, and pay to the school
district maintaining the special educational facilities the per capita
cost of educating such children.
Such per capita cost shall be computed in the following manner. The
cost of conducting and maintaining any special educational facility
shall be first determined and shall include the following expenses
applicable only to such educational facility under rules and regulations
established by the State Board of Education as follows:
(a) Salaries of teachers, professional workers, necessary
non-certified workers, clerks, librarians, custodial employees, readers,
and any district taxes specifically for their pension and retirement
(b) Educational supplies and equipment including textbooks.
(c) Administrative costs and communication.
(d) Operation of physical plant including heat, light, water,
repairs, and maintenance.
(e) Auxiliary service, including up to 20% of transportation cost.
(f) Depreciation of physical facilities at a rate of $200 per pupil, or
the actual rental paid for the physical facilities calculated on a per
pupil basis. From such total cost thus determined there shall be deducted
the State reimbursement due on account of such educational program for the
same year, not including any State reimbursement for special education
transportation and offsetting federal revenue for the program, except
federally funded health care reimbursement need not be deducted. Such net
cost shall be divided by the average number of pupils in average daily
enrollment in such special education facility for the school year in order
to arrive at the net per capita tuition cost.
If the child, resident of any school district, because of his
disability, attends a class or school for any of such types of
maintained in a teacher training center supported by public funds or
State institution of higher learning, the resident district shall
provide any necessary transportation and shall be eligible to the
transportation reimbursement provided in Section 14-13.01.
A resident district may, upon request, provide transportation for
residents of the district who meet the requirements, other than the
specified age, of children with disabilities as defined in
14-1.02, who attend classes in another district, and
shall make a charge for any such transportation in an amount equal to
the cost thereof, including a reasonable allowance for depreciation of
the vehicles used.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-7.02
(105 ILCS 5/14-7.02)
(from Ch. 122, par. 14-7.02)
Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities.
The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility.
The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow.
The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified disabled child
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a disabled child.
If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
or requirements of providing services.
(Source: P.A. 93-1022, eff. 8-24-04; 94-177, eff. 7-12-05.)