Illinois Compiled Statutes
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SCHOOLS105 ILCS 5/14-8.02c
(105 ILCS 5/) School Code.
(105 ILCS 5/14-8.02c)
Due process hearing officers.
(a) The State Board of Education shall establish a corps of hearing officers in accordance with this Section and may, with the advice and approval of the Advisory Council on Education of Children with Disabilities, adopt rules consistent with this Section to establish the qualifications of and application process for hearing officers.
(b) Hearing officers must, at a minimum, (i) possess a master's or doctor's degree in education or another field related to disability issues or a juris doctor degree; (ii) have knowledge of and the ability to understand the requirements of the federal Individuals with Disabilities Education Act, Article 14 of this Code, the implementation of rules or regulations of these federal and State statutes, and the legal interpretation of the statutes, rules, and regulations by federal and State courts; (iii) have the knowledge and ability to conduct hearings in accordance with appropriate, standard, legal practice; and (iv) have the knowledge and ability to render and write decisions in accordance with appropriate, standard, legal practice. Current employees of the State Board of Education, school districts, special education cooperatives, regional service areas or centers, regional educational cooperatives, State-operated elementary and secondary schools, or private providers of special education facilities or programs may not serve as hearing officers.
(c) If, at any time, the State Board of Education determines that additional hearing officers are needed, the State Board of Education shall recruit hearing officer candidates who meet the criteria set forth in subsection (b) of this Section.
(d) Candidates shall be screened by a 7-member Screening Committee consisting of the following: the Attorney General or his or her designee; the State Superintendent of Education or his or her designee; 3 members appointed by the State Superintendent of Education, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district, another of whom shall be a director of special education for an Illinois school district or special education joint agreement, and the other of whom shall be an adult with a disability; and 2 members appointed by the Attorney General, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district and the other of whom shall be an experienced special education hearing officer who is not a candidate for appointment under this Section. The chairperson of the Advisory Council on Education of Children with Disabilities or his or her designee shall serve on the Screening Committee as an ex-officio, non-voting member. Appointments and reappointments to the Screening Committee shall be for terms of 3 years. In the event that a member vacates a seat on the Screening Committee prior to the expiration of his or her term, a new member shall be appointed, shall serve the balance of the vacating member's term, and shall be eligible for subsequent reappointment. The Screening Committee shall elect a chairperson from among its voting members. Members of the Screening Committee shall serve without compensation but shall be reimbursed by the State Board of Education for their reasonable expenses. The Screening Committee shall review hearing officer applications and supporting information, interview candidates, and recommend candidates to the Advisory Council on Education of Children with Disabilities based upon objective criteria the Screening Committee develops and makes available to the public. All discussions and deliberations of the Screening Committee and Advisory Council referenced anywhere in this Section pertaining to the review of applications of hearing officer candidates, the interviewing of hearing officer candidates, the recommendation of hearing officer candidates for appointment, and the recommendation of hearing officers for reappointment are excepted from the requirements of the Open Meetings Act, pursuant to item (15) of subsection (c) of Section 2 of the Open Meetings Act.
(e) All hearing officer candidates recommended to the Advisory Council on Education of Children with Disabilities shall successfully complete initial training, as established by the contract between the State Board of Education and the training entity, as described in subsection (f), in order to be eligible to serve as an impartial due process hearing officer. The training shall include, at a minimum, instruction in federal and State law, rules, and regulations, federal regulatory interpretations and State and federal court decisions regarding special education and relevant general educational issues, diagnostic procedures, information about disabilities, instruction on conducting effective and impartial hearings in accordance with appropriate, standard, legal practice (including without limitation the handling of amended requests), and instruction in rendering and writing hearing decisions in accordance with appropriate, standard, legal practice. The training must be conducted in an unbiased manner by educational and legal experts, including qualified individuals from outside the public educational system. Upon the completion of the initial training, the Advisory Council on Education of Children with Disabilities, applying objective selection criteria it has developed and made available to the public, shall go into executive session and select the number of hearing officers deemed necessary by the State Board of Education from those candidates who have successfully completed the initial training. Upon selecting the candidates, the Advisory Council shall forward its recommendations to the State Superintendent of Education for final selection. The hearing officers appointed by the State Superintendent of Education shall serve an initial term of one year, subject to any earlier permissible termination by the State Board of Education.
(f) The State Board of Education shall, through a competitive application process, enter into a contract with an outside entity to establish and conduct mandatory training programs for hearing officers. The State Board of Education shall also, through a competitive application process, enter into a contract with an outside entity, other than the entity providing mandatory training, to conduct an annual evaluation of each hearing officer and to investigate complaints against hearing officers, in accordance with procedures established by the State Board of Education in consultation with the Screening Committee. The invitation for applications shall set forth minimum qualifications for eligible applicants. Each contract under this subsection (f) may be renewed on an annual basis, subject to appropriation. The State Board of Education shall conduct a new competitive application process at least once every 3 years after the initial contract is granted. The Screening Committee shall review the training proposals and evaluation and investigation proposals and forward them, with recommendations in rank order, to the State Board of Education.
(g) The evaluation and investigation entity described in subsection (f) of this Section shall conduct an annual written evaluation of each hearing officer and provide the evaluation to the Screening Committee for its consideration in the reappointment process. The evaluation shall include a review of written decisions and any communications regarding a hearing officer's conduct and performance by participants in impartial due process hearings and their representatives. Each hearing officer shall be provided with a copy of his or her written evaluation report and shall have an opportunity, within 30 days after receipt, to review the evaluation with the evaluation and investigation entity and submit written comments. The annual evaluation of each hearing officer, along with the hearing officer's written comments, if any, shall be submitted to the Screening Committee for consideration no later than April 1 of each calendar year. The Screening Committee, based on objective criteria and any evaluation reports prepared by the training entity, shall, on an annual basis, recommend whether the hearing officer should be reappointed for a one-year term and shall forward its recommendations to the Advisory Council on Education of Children with Disabilities. The Advisory Council shall go into executive session and shall review the recommendations of the Screening Committee for the purpose of either ratifying or rejecting the recommendations of the Screening Committee. The Advisory Council shall then forward its list of ratified and rejected appointees to the State Superintendent of Education, who shall determine the final selection of hearing officers for reappointment. Each reappointed hearing officer shall serve a term of one year, subject to any earlier permissible termination by the State Board of Education.
(h) Hearing officers shall receive a base annual stipend and per diem allowance for each hearing at a rate established by the State Board of Education.
The State Board of Education shall provide hearing officers with access to relevant court decisions, impartial hearing officer decisions with child-specific identifying information deleted, statutory and regulatory changes, and federal regulatory interpretations. The State Board of Education shall index and maintain a reporting system of impartial due process hearing decisions and shall make these decisions available for review by the public after deleting child-specific identifying information.
(i) A hearing officer may be terminated by the State Board of Education for just cause if, after written notice is provided to the hearing officer, appropriate timely corrective action is not taken. For purposes of this subsection (i), just cause shall be (1) the failure or refusal to accept assigned cases without good cause; (2) the failure or refusal to fulfill his or her duties as a hearing officer in a timely manner; (3) consistent disregard for applicable laws and rules in the conduct of hearings; (4) consistent failure to conduct himself or herself in a patient, dignified, and courteous manner to parties, witnesses, counsel, and other participants in hearings; (5) the failure to accord parties or their representatives a full and fair opportunity to be heard in matters coming before him or her; (6) violating applicable laws regarding privacy and confidentiality of records or information; (7) manifesting, by words or conduct, bias or prejudice based upon race, sex, religion, disability, or national origin; (8) failure to recuse himself or herself from a hearing in which he or she has a personal, professional, or financial conflict of interest that he or she knew or should have known existed at any time prior to or during the hearing; (9) conviction in any jurisdiction of any felony or of a misdemeanor involving moral turpitude; or (10) falsification of a material fact on his or her application to serve as a hearing officer. In addition, a hearing officer who, as a result of events occurring after appointment, no longer meets the minimum requirements set forth in this Section, shall be disqualified to complete the balance of his or her term.
(Source: P.A. 94-1100, eff. 2-2-07.)
105 ILCS 5/14-8.02d
(105 ILCS 5/14-8.02d)
Evaluation of due process hearing system.
The State Board of Education shall monitor, review, and evaluate the impartial due process hearing system on a regular basis by a process that includes a review of written decisions and evaluations by participants in impartial due process hearings and their representatives. In conjunction with the Annual State Report on Special Education Performance, the State Board of Education shall submit data on the performance of the due process hearing system, including data on timeliness of hearings and an analysis of the issues and disability categories underlying hearing requests during the period covered by the Annual State Report. The data provided for the Annual State Report must be submitted to the members of the State Board of Education, the State Superintendent of Education, the Advisory Council on Education of Children with Disabilities, and the Screening Committee established under Section 14-8.02c of this Code and must be made available to the public.
(Source: P.A. 94-1100, eff. 2-2-07.)
105 ILCS 5/14-8.02e
(105 ILCS 5/14-8.02e)
State complaint procedures.
The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations. The State Board of Education, by rule, shall establish State complaint procedures consistent with this Section. A school district or other public entity shall be required to submit a written response to a complaint within the time prescribed by the State Board of Education following receipt of the complaint. A copy of the response and all documentation submitted by the respondent to the State Board of Education must be simultaneously provided by the respondent to the complainant or to the attorney for the complainant. If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is emancipated and has assumed responsibility for his or her own educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant.
(Source: P.A. 98-383, eff. 8-16-13.)
105 ILCS 5/14-8.03
(105 ILCS 5/14-8.03)
(from Ch. 122, par. 14-8.03)
(a) For purposes of this Section, "transition services" means a coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (ii) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and (iii) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills, benefits planning, work incentives education, and the provision of a functional vocational evaluation. Transition services for a child with a disability may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education.
(a-5) Beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 (or younger if determined appropriate by the IEP Team) and updated annually thereafter, the IEP must include (i) measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to training, education, employment, and independent living skills and (ii) the transition services needed to assist the student in reaching those goals, including courses of study.
(b) Transition planning must be conducted as part of the IEP process and must be governed by the procedures applicable to the development, review, and revision of the IEP, including notices to the parents and student, parent and student participation, and annual review. To appropriately assess and develop IEP transition goals and transition services for a child with a disability,
additional participants may be
and may be invited by the school district, parent, or student to participate in the transition planning process.
may include without limitation a
representative from the Department of Human Services or another State agency,
a case coordinator, or persons representing other public or community agencies or
services, such as adult service providers or public community colleges. The IEP shall identify
responsible for coordinating and
delivering transition services. If the IEP team determines that the student requires transition services from a public or private entity outside of the school district, the IEP team shall identify potential outside resources, assign one or more IEP team members to contact the appropriate outside entities, make the necessary referrals, provide any information and documents necessary to complete the referral, follow up with the entity to ensure that the student has been successfully linked to the entity, and monitor the student's progress to determine if the student's IEP transition goals and benchmarks are being met. The student's IEP shall indicate one or more specific time periods during the school year when the IEP team shall review the services provided by the outside entity and the student's progress in such activities. The public school's responsibility for
delivering educational services does not extend beyond the time the student
leaves school or when the student's eligibility ends due to age under this Article.
(c) A school district shall submit annually a summary of each eligible
student's IEP transition goals and transition services resulting from the IEP Team
meeting to the appropriate local Transition Planning Committee. If
students with disabilities who are ineligible for special education services
request transition services, local public school districts shall assist those
students by identifying post-secondary school goals, delivering appropriate
education services, and coordinating with other agencies and services for
(Source: P.A. 98-517, eff. 8-22-13.)
105 ILCS 5/14-8.04
(105 ILCS 5/14-8.04)
(from Ch. 122, par. 14-8.04)
The school board that is the
governing body of any secondary school in this State that provides special
education services and facilities for children with
disabilities shall include,
as part of preparing the transition planning for disabled children who are
16 years of age or more, consideration of a supported employment component
with experiences in integrated community settings for those eligible children
with disabilities who have been determined at an
IEP meeting to be in
need of participation in the supported employment services offered pursuant
to this Section.
Supported employment services made available as part of transition
planning under this Section shall be designed and developed for school
boards by the State Board of Education, in consultation with programs such
as Project CHOICES (Children Have Opportunities In Integrated Community
Environments), parents and advocates of children with disabilities, and the
Departments of Central Management Services and Human
(Source: P.A. 98-44, eff. 6-28-13.)
105 ILCS 5/14-8.05
(105 ILCS 5/14-8.05)
(from Ch. 122, par. 14-8.05)
(a) The General Assembly finds and declares that principals and teachers
of students with disabilities require training and guidance that provide
ways for working successfully with children who have difficulties
conforming to acceptable behavioral patterns in order to provide an
environment in which learning can occur. It is the intent of the General
(1) That when behavioral interventions are used, they
be used in consideration of the pupil's physical freedom and social interaction, and be administered in a manner that respects human dignity and personal privacy and that ensures a pupil's right to placement in the least restrictive educational environment.
(2) That behavioral management plans be developed and
used, to the extent possible, in a consistent manner when a local educational agency has placed the pupil in a day or residential setting for education purposes.
(3) That a statewide study be conducted of the use of
behavioral interventions with students with disabilities receiving special education and related services.
(4) That training programs be developed and
implemented in institutions of higher education that train teachers, and that in-service training programs be made available as necessary in school districts, in educational service centers, and by regional superintendents of schools to assure that adequately trained staff are available to work effectively with the behavioral intervention needs of students with disabilities.
(b) On or before September 30, 1993, the State Superintendent of Education
shall conduct a statewide study of the use of behavioral interventions with
students with disabilities receiving special education and related
services. The study shall include, but not necessarily be limited to
identification of the frequency in the use of behavioral interventions; the
number of districts with policies in place for working with children
exhibiting continuous serious behavioral problems; how policies, rules, or
regulations within districts differ between emergency and routine
behavioral interventions commonly practiced; the nature and extent of costs
for training provided to personnel for implementing a program of
nonaversive behavioral interventions; and the nature and extent of costs
for training provided to parents of students with disabilities who would
be receiving behavioral interventions. The scope of the study shall be
developed by the State Board of Education, in consultation with individuals and
groups representing parents, teachers, administrators, and advocates. On or
before June 30, 1994, the State Board of Education shall issue guidelines based
on the study's findings. The guidelines shall address, but not be limited to,
the following: (i) appropriate behavioral interventions, and (ii) how to
properly document the need for and use of behavioral interventions in the
process of developing individualized education plans for students with
disabilities. The guidelines shall be used as a reference to assist school
boards in developing local policies and procedures in accordance with this
Section. The State Board of Education, with the advice of parents of students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities, shall review its behavioral intervention guidelines at least once
every 3 years to determine their continuing appropriateness and effectiveness
and shall make such modifications in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a committee to develop
policies and procedures on the use of behavioral interventions for students
with disabilities who require behavioral intervention. The policies and
procedures shall be adopted and implemented by school boards by January 1,
1996, shall be amended as necessary to comply with the rules established by
the State Board of Education under Section 2-3.130 of this Code
not later than one month after commencement of the school year after the State
Board of Education's rules are adopted,
and shall: (i) be developed with the advice of parents with students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities; (ii) emphasize positive interventions that are designed to
develop and strengthen desirable behaviors; (iii) incorporate procedures and
methods consistent with generally accepted practice in the field of behavioral
intervention; (iv) include criteria for determining when a student with
disabilities may require a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed and considered
and provide the address of the State Board of Education so that copies of the
State Board of Education behavioral guidelines may be requested; and (vi)
include procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of its local
policies and procedures to parents and guardians of all students with
individualized education plans within 15 days after the policies and procedures
have been adopted by the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an individualized
education plan is first implemented for the student, and (ii) require that each
school inform its students of the existence of the policies and procedures
annually. Provided, at the annual individualized education plan review, the
school board shall (1) explain the local policies and procedures, (2) furnish a
copy of the local policies to parents and guardians, and (3) make available,
upon request of any parents and guardians, a copy of local procedures.
(d) The State Superintendent of Education shall consult with representatives
of institutions of higher education and the State Teacher Certification Board
in regard to the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions
consistent with professionally accepted practices and standards for people
entering the field of education.
(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
105 ILCS 5/14-9.01
(105 ILCS 5/14-9.01)
(from Ch. 122, par. 14-9.01)
Qualifications of teachers, other professional personnel
and necessary workers. No person shall be employed to teach any class or
program authorized by this Article who does not hold a valid teacher's
certificate as provided by law and unless he has had such special training
as the State Board of Education may require. No special certificate or
endorsement to a special certificate issued under Section 21-4 on
or after July 1, 1994, shall be valid for teaching students with visual
disabilities unless the person to whom the certificate or endorsement is issued
has attained satisfactory performance on an examination that is designed to
assess competency in Braille reading and writing skills according to standards
that the State Board of Education may adopt. Evidence of successfully
completing the examination of Braille reading and writing skills must be
submitted to the State Board of Education prior to an applicant's examination
of the subject matter knowledge test required under Section 21-1a. Beginning
July 1, 1995, in addition to other requirements, a candidate for a teaching
certification in the area of the deaf and hard of hearing granted by the
Illinois State Board of Education for teaching deaf and hard of hearing
students in grades pre-school through grade 12 must demonstrate a minimum
proficiency in sign language as determined by the Illinois State Board of
Education. All other professional personnel employed in any class, service,
or program authorized by this Article shall hold such certificates and shall
have had such special training as the State Board of Education may require;
provided that in a school district organized under Article 34, the school
district may employ speech and language pathologists who are licensed under the
Illinois Speech-Language Pathology and Audiology Practice Act but who do not
hold a certificate issued under the School Code if the district certifies that
a chronic shortage of certified personnel exists. Nothing contained in this
Act prohibits the school board from employing necessary workers to assist the
teacher with the special educational facilities, except that all such necessary
workers must have had such training as the State Board of Education may
No later than January 1, 1993, the State Board of Education shall develop,
in consultation with the Advisory Council on the Education of Children with
Disabilities and the Advisory Council on Bilingual Education, rules governing
the qualifications for certification of teachers and school service personnel
providing services to limited English proficient students receiving special
education and related services.
The employment of any teacher in a special education program provided
for in Sections 14-1.01 to 14-14.01, inclusive, shall be subject to
the provisions of Sections 24-11 to 24-16, inclusive. Any teacher
employed in a special education program, prior to the effective date of
this amendatory Act of 1987, in which 2 or more districts
participate shall enter upon contractual continued service in each of
the participating districts subject to the provisions of Sections 24-11
to 24-16, inclusive.
(Source: P.A. 92-651, eff. 7-11-02.)
105 ILCS 5/14-10.01
(105 ILCS 5/14-10.01)
(from Ch. 122, par. 14-10.01)
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
105 ILCS 5/14-11.01
(105 ILCS 5/14-11.01)
(from Ch. 122, par. 14-11.01)
Educational materials coordinating
unit. The State Board
of Education shall maintain or contract for an educational materials
unit for children with disabilities to provide:
(1) Staff and resources for the coordination, cataloging, standardizing,
production, procurement, storage, and distribution of educational materials
needed by visually disabled children and adults with
(2) Staff and resources of an instructional materials center to include
library, audio-visual, programmed, and other types of instructional materials
peculiarly adapted to the instruction of pupils with
The educational materials coordinating unit shall have as its major purpose
the improvement of instructional programs for children with
disabilities and the
in-service training of all professional personnel associated with programs
of special education and to these ends is authorized to operate under rules
and regulations of the State Board of Education with the advice of the Advisory
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14-11.02
(105 ILCS 5/14-11.02)
(from Ch. 122, par. 14-11.02)
Notwithstanding any other Sections of this Article, the
State Board of Education shall develop and operate or contract for the
operation of a service center for persons who are deaf-blind. For the
purpose of this Section, persons with deaf-blindness are persons who have
both auditory and visual impairments, the combination of which causes such
severe communication and other developmental, educational, vocational and
rehabilitation problems that such persons cannot be properly accommodated
in special education or vocational rehabilitation programs solely for
persons with both hearing and visual disabilities.
To be eligible for deaf-blind services, a person must have (i) a visual
impairment and an auditory impairment, or (ii) a condition in which there
is a progressive loss of hearing or vision or both that results in
concomitant vision and hearing impairments and that adversely affects
educational performance as determined by the multidisciplinary conference.
For purposes of this paragraph and Section:
(A) A visual impairment is defined to mean one or
more of the following: (i) corrected visual acuity poorer than 20/70 in the better eye; (ii) restricted visual field of 20 degrees or less in the better eye; (iii) cortical blindness; (iv) does not appear to respond to visual stimulation, which adversely affects educational performance as determined by the multidisciplinary conference.
(B) An auditory impairment is defined to mean one or
more of the following: (i) a sensorineural or ongoing or chronic conductive hearing loss with aided sensitivity of 30dB HL or poorer; (ii) functional auditory behavior that is significantly discrepant from the person's present cognitive and/or developmental levels, which adversely affects educational performance as determined by the multidisciplinary conference.
The State Board of Education is empowered to establish, maintain
and operate or contract for the operation of a permanent state-wide
service center known as the Philip J. Rock Center and School. The School
serves eligible children between the ages of 3 and 21; the Center serves
eligible persons of all ages. Services provided by the Center
include, but are not limited to:
(1) Identifying and case management of persons who
are auditorily and visually impaired;
(2) Providing families with appropriate counseling;
(3) Referring persons who are deaf-blind to
appropriate agencies for medical and diagnostic services;
(4) Referring persons who are deaf-blind to
appropriate agencies for educational, training and care services;
(5) Developing and expanding services throughout the
State to persons who are deaf-blind. This will include ancillary services, such as transportation so that the individuals can take advantage of the expanded services;
(6) Maintaining a residential-educational training
facility in the Chicago metropolitan area located in an area accessible to public transportation;
(7) Receiving, dispensing, and monitoring State and
Federal funds to the School and Center designated for services to persons who are deaf-blind;
(8) Coordinating services to persons who are
deaf-blind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;
(9) Entering into contracts with other agencies to
provide services to persons who are deaf-blind;
(10) Operating on a no-reject basis. Any individual
referred to the Center for service and diagnosed as deaf-blind, as defined in this Act, shall qualify for available services;
(11) Serving as the referral clearinghouse for all
persons who are deaf-blind, age 21 and older; and
(12) Providing transition services for students of
Philip J. Rock School who are deaf-blind and between the ages of 14 1/2 and 21.
The Advisory Board for Services for Persons who are Deaf-Blind shall
provide advice to the State Superintendent of Education, the Governor, and
the General Assembly on all matters pertaining to policy concerning persons
who are deaf-blind, including the implementation of legislation enacted on
Regarding the maintenance, operation and education functions of the
Philip J. Rock Center and School, the Advisory Board shall also make
recommendations pertaining to but not limited to the following matters:
(1) Existing and proposed programs of all State
agencies that provide services for persons who are deaf-blind;
(2) The State program and financial plan for
deaf-blind services and the system of priorities to be developed by the State Board of Education;
(3) Standards for services in facilities serving
persons who are deaf-blind;
(4) Standards and rates for State payments for any
services purchased for persons who are deaf-blind;
(5) Services and research activities in the field of
deaf-blindness, including evaluation of services; and
(6) Planning for personnel/preparation, both
preservice and inservice.
The Advisory Board shall consist of 3 persons appointed by the Governor; 2
persons appointed by the State Superintendent of Education; 4 persons
appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children
and Family Services. The 3 appointments of the Governor shall consist
of a senior citizen 60 years of age or older, a consumer who is deaf-blind,
and a parent of a person who is deaf-blind; provided that if any
gubernatorial appointee serving on the Advisory Board on the effective date
of this amendatory Act of 1991 is not either a senior citizen 60 years of
age or older or a consumer who is deaf-blind or a parent of a person who is
deaf-blind, then whenever that appointee's term of office expires or a
vacancy in that appointee's office sooner occurs, the Governor shall make
the appointment to fill that office or vacancy in a manner that will
result, at the earliest possible time, in the Governor's appointments to
the Advisory Board being comprised of one senior citizen 60 years of age or
older, one consumer who is deaf-blind, and one parent of a person who is
deaf-blind. One person designated by each agency other than the Department
of Human Services may be an employee of that agency. Two persons
appointed by the Secretary of Human Services may be employees of the Department
of Human Services. The appointments
of each appointing authority other than the
Governor shall include at least one parent of an individual who is
deaf-blind or a person who is deaf-blind.
Vacancies in terms shall be filled by the original appointing authority.
After the original terms, all terms shall be for 3 years.
Except for those members of the Advisory Board who are compensated
for State service on a full-time basis, members shall be reimbursed for
all actual expenses incurred in the performance of their duties. Each
member who is not compensated for State service on a full-time basis
shall be compensated at a rate of $50 per day which he spends on Advisory
Board duties. The Advisory Board shall meet at least 4 times per year and
not more than 12 times per year.
The Advisory Board shall provide for its own organization.
Six members of the Advisory Board shall constitute a quorum. The
affirmative vote of a majority of all members of the Advisory Board
shall be necessary for any action taken by the Advisory Board.
(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; 89-507, eff.
105 ILCS 5/14-11.03
(105 ILCS 5/14-11.03)
(from Ch. 122, par. 14-11.03)
Illinois Service Resource Center.
The State Board of
Education shall maintain, subject to appropriations for
Resource Center for children and adolescents through the age of 21 who are
deaf or hard-of-hearing and have an emotional or behavioral
disorder. For the purpose of this Section,
"children and adolescents who are deaf or hard-of-hearing and have an
emotional or behavioral disorder"
have an auditory impairment that is serious enough to warrant an array of
special services and special education programs in order to assist both
educationally and socially and the behavior is seriously disruptive and
unacceptable to peers, educational staff, and persons in the community, or
presents a danger to self or others.
The State Board shall operate or contract for
operation of the Illinois Service Resource Center for
children and adolescents through the age of 21 who are deaf or hard-of-hearing
and have an emotional or behavioral
disorder. The Illinois Service Resource Center shall function as the initial point of contact for students,
parents, and professionals. All existing and future services shall be
coordinated through the Center.
The Illinois Service Resource Center shall:
(a) Develop and maintain a directory of public and private resources,
including crisis intervention.
(b) Establish and maintain a Statewide identification and tracking system.
(c) Develop, obtain, and assure the consistency of screening instruments.
(d) Perform case coordination, referral, and consultation services.
(e) Provide technical assistance and training for existing programs and
(f) Track the allocation and expenditure of State and federal funds.
(g) Monitor, evaluate, and assess Statewide resources, identification of
services gaps, and the development and delivery of services.
(h) Identify by geographical areas the need for establishing evaluation and
crisis intervention services and establish a pilot in downstate Illinois. The
Service Resource Center shall provide for the coordination of services for
children who are deaf or hard-of-hearing and have an emotional or behavioral
disorder throughout the
and shall pilot a service delivery model to identify the capacity and need for
comprehensive evaluation, crisis management, stabilization, referral,
transition, family intervention, and follow-up services.
(i) Integrate the recommendations of the Interagency Board for Children who are Deaf or Hard-of-Hearing and
have an Emotional or Behavioral Disorder regarding policies affecting
children who are
deaf or hard-of-hearing and have an emotional or behavioral
(j) Provide limited direct services as required.
The Center, if established, shall operate on a no-reject basis. Any child or
adolescent diagnosed as
deaf or hard-of-hearing and having an emotional or behavioral
disorder under this Act
who is referred to the Center for services shall qualify for services of the
Center. The requirement of the no-reject basis shall be paramount in
negotiating contracts and in supporting other agency services.
(Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)
105 ILCS 5/14-12.01
(105 ILCS 5/14-12.01)
(from Ch. 122, par. 14-12.01)
Account of expenditures - Cost report - Reimbursement.
Each school board shall keep an accurate, detailed and separate account
of all monies paid out by it for the maintenance of each of the types of
facilities, classes and schools authorized by this Article for the
instruction and care of pupils attending them and for the cost of their
transportation, and shall annually report thereon indicating the cost of
each such elementary or high school pupil for the school year ending
Applications for preapproval for reimbursement for costs of special
education must be first submitted through the office of the regional
superintendent of schools to the State Superintendent of Education on or
before 30 days after a special class or service is started.
Applications shall set forth a plan for special education established
and maintained in accordance with this Article. Such applications shall
be limited to the cost of construction and maintenance of special
education facilities designed and utilized to house instructional
programs, diagnostic services, other special education services for children with disabilities and reimbursement as provided in
Such application shall not include the cost of construction or
maintenance of any administrative facility separated from special
education facilities designed and utilized to house instructional
programs, diagnostic services, and other special education services for
children with disabilities. Reimbursement claims for
special education shall
be made as follows:
Each district shall file its claim computed in accordance with rules
prescribed by the State Board of Education
approval on forms prescribed by the State Superintendent of Education.
Data used as a basis of reimbursement claims shall be for the school
year ended on June 30 preceding. Each school district shall transmit to the State Superintendent of
Education its claims on or before
August 15. The State Superintendent 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, vouchers for the amounts due the respective districts shall be prepared
and submitted during each fiscal year as follows: the first 3 vouchers
shall be prepared by the State Superintendent of Education and transmitted
to the Comptroller on the 30th day of September, December and March,
respectively, and the final voucher, no later than June 20. If, after
preparation and transmittal of the September 30 vouchers, any claim has
been redetermined by the State Superintendent of Education, subsequent
vouchers shall be adjusted in amount to compensate for any overpayment
or underpayment previously made. 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.
Claims received at the State Board of Education after August 15 shall
not be honored.
(Source: P.A. 94-1100, eff. 2-2-07.)
105 ILCS 5/14-12.02
(105 ILCS 5/14-12.02)
(Source: P.A. 85-1150. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14-13.01
(105 ILCS 5/14-13.01)
(from Ch. 122, par. 14-13.01)
Reimbursement payable by State; amounts for personnel and transportation.
(a) For staff working on behalf of children who have not been identified as eligible for special
education and for eligible children with physical
disabilities, including all
eligible children whose placement has been determined under Section 14-8.02 in
hospital or home instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $9,000 per teacher, whichever is less. A child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will be unable to attend school, and instead must be instructed at home or in the hospital, for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. For purposes of this Section, "ongoing intermittent basis" means that the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences. There shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. In order to establish eligibility for home or hospital services, a student's parent or guardian must submit to the child's school district of residence a written statement from a physician licensed to practice medicine in all of its branches stating the existence of such medical condition, the impact on the child's ability to participate in education, and the anticipated duration or nature of the child's absence from school. Home or hospital instruction may commence upon receipt of a written physician's statement in accordance with this Section, but instruction shall commence not later than 5 school days after the school district receives the physician's statement. Special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition. Eligible children
to be included in any reimbursement under this paragraph must regularly
receive a minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section. If the
attending physician for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child shall be
computed proportionate to the actual hours of instruction per week for
that child divided by 5. The State Board of Education shall establish rules governing the required qualifications of staff providing home or hospital instruction.
(b) For children described in Section 14-1.02, 80% of the cost of
transportation approved as a related service in the Individualized Education Program for each student
in order to take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as provided
in Section 29-5. For purposes of this subsection (b), the dates for
processing claims specified in Section 29-5 shall apply.
(c) For each qualified worker, the annual sum of
(d) For one full time qualified director of the special education
program of each school district which maintains a fully approved program
of special education the annual sum of $9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
(g) For readers, working with blind or partially seeing children 1/2
of their salary but not more than $400 annually per child. Readers may
be employed to assist such children and shall not be required to be
certified but prior to employment shall meet standards set up by the
State Board of Education.
(h) For non-certified employees, as defined by rules promulgated by the State Board of Education, who deliver services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
The State Board of Education shall set standards and prescribe rules
for determining the allocation of reimbursement under this section on
less than a full time basis and for less than a school year.
When any school district eligible for reimbursement under this
Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of the
adopted school calendar but not to exceed 235 school days, such
reimbursement shall be increased by 1/180 of the amount or rate paid
hereunder for each day such school is operated in excess of 180 days per
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, 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. 96-257, eff. 8-11-09; 97-123, eff. 7-14-11.)
105 ILCS 5/14-14.01
(105 ILCS 5/14-14.01)
(from Ch. 122, par. 14-14.01)
Warrants for reimbursement.
The State Comptroller shall draw his warrants on the State Treasurer on
or before September 30 of each year for the respective sums for
reimbursement for special education reported to him on presentation of
vouchers approved by the State Superintendent of Education.
(Source: P.A. 83-729
105 ILCS 5/14-15.01
(105 ILCS 5/14-15.01)
(from Ch. 122, par. 14-15.01)
Community and Residential Services Authority.
(a) (1) The Community and Residential Services Authority is
hereby created and shall consist of the following members:
A representative of the State Board of Education;
Four representatives of the Department of Human Services appointed by the Secretary of Human Services,
with one member from the Division of Community Health and
Prevention, one member from the Division of Developmental Disabilities, one member
from the Division of Mental Health, and one member from the Division of
A representative of the Department of Children and Family Services;
A representative of the Department of Juvenile Justice;
A representative of the Department of Healthcare and Family Services;
A representative of the Attorney General's Disability Rights Advocacy
The Chairperson and Minority Spokesperson of the House and Senate
Committees on Elementary and Secondary Education or their designees; and
Six persons appointed by the Governor. Five of such
appointees shall be experienced or knowledgeable relative to
provision of services for individuals with a behavior
or a severe emotional disturbance
and shall include representatives of
both the private and public sectors, except that no more than 2 of those 5
appointees may be from the public sector and at least 2 must be or have been
directly involved in provision of services to such individuals. The remaining
member appointed by the Governor shall be or shall have been a parent of an
individual with a
behavior disorder or a severe emotional disturbance, and
that appointee may be from either the private or the public sector.
(2) Members appointed by the Governor shall be appointed for terms
of 4 years and shall continue to serve until their respective successors are
appointed; provided that the terms of the original
appointees shall expire on August 1, 1990. Any vacancy in the office of a
member appointed by the Governor shall be filled by appointment of the
Governor for the remainder of the term.
A vacancy in the office of a member appointed by the Governor exists when
one or more of the following events occur:
(i) An appointee dies;
(ii) An appointee files a written resignation with
(iii) An appointee ceases to be a legal resident of
the State of Illinois; or
(iv) An appointee fails to attend a majority of
regularly scheduled Authority meetings in a fiscal year.
Members who are representatives of an agency shall serve at the will
of the agency head. Membership on the Authority shall cease immediately
upon cessation of their affiliation with the agency. If such a vacancy
occurs, the appropriate agency head shall appoint another person to represent
If a legislative member of the Authority ceases to be Chairperson or
Minority Spokesperson of the designated Committees, they shall
automatically be replaced on the Authority by the person who assumes the
position of Chairperson or Minority Spokesperson.
(b) The Community and Residential Services Authority shall have the
following powers and duties:
(1) To conduct surveys to determine the extent of
need, the degree to which documented need is currently being met and feasible alternatives for matching need with resources.
(2) To develop policy statements for interagency
cooperation to cover all aspects of service delivery, including laws, regulations and procedures, and clear guidelines for determining responsibility at all times.
(3) To recommend policy statements and provide
information regarding effective programs for delivery of services to all individuals under 22 years of age with a behavior disorder or a severe emotional disturbance in public or private situations.
(4) To review the criteria for service eligibility,
provision and availability established by the governmental agencies represented on this Authority, and to recommend changes, additions or deletions to such criteria.
(5) To develop and submit to the Governor, the
General Assembly, the Directors of the agencies represented on the Authority, and the State Board of Education a master plan for individuals under 22 years of age with a behavior disorder or a severe emotional disturbance, including detailed plans of service ranging from the least to the most restrictive options; and to assist local communities, upon request, in developing or strengthening collaborative interagency networks.
(6) To develop a process for making determinations in
situations where there is a dispute relative to a plan of service for individuals or funding for a plan of service.
(7) To provide technical assistance to parents,
service consumers, providers, and member agency personnel regarding statutory responsibilities of human service and educational agencies, and to provide such assistance as deemed necessary to appropriately access needed services.
(c) (1) The members of the Authority shall receive no compensation for
their services but shall be entitled to reimbursement of reasonable
expenses incurred while performing their duties.
(2) The Authority may appoint special study groups to operate under
the direction of the Authority and persons appointed to such groups shall
receive only reimbursement of reasonable expenses incurred in the
performance of their duties.
(3) The Authority shall elect from its membership a chairperson,
vice-chairperson and secretary.
(4) The Authority may employ and fix the compensation of
such employees and technical assistants as it deems necessary to carry out
its powers and duties under this Act. Staff assistance for the Authority
shall be provided by the State Board of Education.
(5) Funds for the ordinary and contingent expenses of the Authority
shall be appropriated to the State Board of Education in a separate line item.
(d) (1) The Authority shall have power to promulgate rules and
regulations to carry out its powers and duties under this Act.
(2) The Authority may accept monetary gifts or grants from the federal
government or any agency thereof, from any charitable foundation or
professional association or from any other reputable source for
implementation of any program necessary or desirable to the carrying out of
the general purposes of the Authority. Such gifts and grants may be
held in trust by the Authority and expended in the exercise of its powers
and performance of its duties as prescribed by law.
(3) The Authority shall submit an annual report of its activities and
expenditures to the Governor, the General Assembly, the
directors of agencies represented on the Authority, and the State
Superintendent of Education.
(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)