TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.10 PURPOSE
Section 226.10 Purpose
This Part establishes the
requirements for the treatment of children and the provision of special
education and related services pursuant to the Individuals with Disabilities
Education Improvement Act (also referred to as "IDEA") (20 USC 1400
et seq.), its implementing regulations (34 CFR 300, as amended by 71 Fed. Reg.
46540 (August 14, 2006) and 73 Fed. Reg. 73027 (December 1, 2008), no later
amendments or editions included)), and Article 14 of the School Code [105 ILCS
5/Art. 14]. This Part also distinguishes between requirements derived from
federal authority and those imposed additionally pursuant to Article 14 of the
School Code or the authority of the State Board of Education. The requirements
of IDEA, its implementing regulations, and this Part shall apply in every
instance when a child is or may be eligible for special education and related
services.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.50 REQUIREMENTS FOR A FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
Section 226.50 Requirements
for a Free Appropriate Public Education (FAPE)
A "free appropriate public
education ("FAPE")" as defined at 34 CFR 300.17, must be made
available by school districts to children with disabilities in accordance with
34 CFR 300.101 through 300.103, unless otherwise specified in this Section.
a) Transfer Students
Provision of FAPE to students who
transfer into a local school district shall be made in accordance with the
requirements of 20 U.S.C. 1414(d)(2)(C). The additional requirements of this
subsection (a) shall also apply.
1) In the case of an eligible student transferring into a
district from another district within Illinois, when the new district obtains a
copy of the student's IEP before or at the time the child is presented for
enrollment:
A) The district may adopt the IEP of the former local school
district without an IEP meeting if:
i) the parents indicate, either orally or in writing,
satisfaction with the current IEP; and
ii) the new district determines that the current IEP is
appropriate and can be implemented as written.
B) If the district does not adopt the former IEP and seeks to
develop a new IEP for the child, within ten days after the date of the child's
enrollment the district must provide written notice to the parent, including
the proposed date of the IEP meeting, in conformance with Section 226.530.
While the new IEP is under development, the district shall implement services
comparable to those described in the IEP from the former district.
2) If the new school district does not receive a copy of the
child's current IEP or a verbal or written confirmation of the requirements of
that IEP from the previous school district when the child is presented for
enrollment, the child shall be enrolled and served in the setting that the
receiving district believes will meet the child's needs until a copy of the
current IEP is obtained or a new IEP is developed by the school district.
A) In no case shall a child be allowed to remain without services
during this interim.
B) The new district shall request the student's records from the
sending district or school by the end of the next business day after the date
of enrollment.
C) No later than ten days after expiration of the time allotted
under Section 2-3.13a of the School Code [105 ILCS 5/2-3.13a] for the sending
district or school to forward the child's records, the new district shall provide
written notice to the parent of an IEP meeting for the purpose of developing a
new IEP, unless the sending district's or school's IEP arrives before this time
elapses, the student has transferred from a district within Illinois, and the
new district adopts the previously held IEP.
b) Jurisdictional Disputes
Each school
district is responsible for ensuring that no eligible child for whom services
are sought is denied FAPE due to jurisdictional disputes among Illinois
agencies. Provision of FAPE to such a student shall not preclude a district
from seeking repayment for costs incurred from any other school district or
entity that is determined responsible for such costs.
c) Eligibility; Graduation or Completion of Program
1) An eligible student who requires continued public school
educational experience to facilitate that student's integration into society
shall be eligible for such services through age 21. If the eligible student
reaches the age of 22 during the school year, the student is eligible for such
services through the end of the school year.
2) The provision of FAPE is not required with respect to a student
with a disability who has graduated with a regular high school diploma.
3) A
student with a disability who has fulfilled the minimum State graduation
requirements set forth in Section 27-22 of the School Code [105 ILCS 5/27-22]
shall be eligible for a regular high school diploma.
A) If the
student's individualized education program prescribes special education,
transition planning, transition services, or related services beyond that
point, issuance of that diploma shall be deferred so that the student will
continue to be eligible for those services.
B) If the
student is to receive a regular high school diploma, at least one year prior to
the anticipated date of its issuance, both the parent and the student shall
receive written notification in conformance with the requirements of 34 CFR
300.503 that eligibility for public school special education services ends
following the granting of a diploma and that the parent (or the student, if
Section 226.690 applies) may request an IEP meeting to review the
recommendation that the student receive a regular diploma.
4) Students who have participated in a graduation ceremony but
have not been awarded regular high school diplomas continue to be eligible to
receive FAPE through age 21. If the student reaches the age of 22 during the
school year, the student is eligible for such services through the end of the
school year.
d) Exception for Certain Students Incarcerated as Adults
The right to
receive FAPE does not extend to students from 18 through 21 or, if applicable,
22 years of age who are incarcerated and who were not identified as eligible
and did not have IEPs in their educational placements immediately prior to
incarceration.
(Source: Amended at 46 Ill.
Reg. 6453, effective April 11, 2022)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.60 CHARTER SCHOOLS
Section 226.60 Charter
Schools
For purposes of the federal
Individuals with Disabilities Education Act and this Part, charter schools
established pursuant to Article 27A of the School Code shall be treated either
as schools within school districts or as local educational agencies in their
own right.
a) When a school's charter is issued by a local board of
education pursuant to Section 27A-8 of the School Code, that charter school
shall be considered as a school within the district over which that board of
education exercises jurisdiction.
b) When a school's charter is issued by the State Board of Education
pursuant to Section 27A-7.5 of the School Code, that charter school shall be
considered as a local educational agency.
(Source: Amended at 45 Ill.
Reg. 3377, effective March 2, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.75 DEFINITIONS
Section 226.75 Definitions
"Behavioral
intervention" means an intervention based on the methods and empirical
findings of behavioral science that is designed to positively influence a
child's actions or behaviors.
"Business
day" means Monday through Friday, except for federal and State holidays.
"Common languages"
means the five most commonly spoken languages other than English that are used
in the State of Illinois, based on the most recent Home Language Survey
results; and for a given school district, any language that is spoken by more
than 20 total families in that school district.
"Day"
means a calendar day.
"Disability"
means the 13 disabilities identified in the federal Individuals with
Disabilities Education Act for special education and related services. These
disabilities (autism, deaf-blindness, deafness, emotional disability, hearing
impairment, intellectual disability, multiple disabilities, orthopedic
impairment, other health impairment, specific learning disability, speech or
language impairment, traumatic brain injury, and visual impairment) shall be
defined as set forth in 34 CFR 300.8(c). In addition, for purposes of this
Part, "autism" shall include, but not be limited to, any Autism
Spectrum Disorder that adversely affects a child's educational performance.
"Domain"
means an aspect of a child's functioning or performance that must be considered
in the course of designing an evaluation. The domains are health, vision,
hearing, social and emotional status, general intelligence, academic
performance, communication status, and motor abilities.
"Equipment"
has the meaning ascribed to that term under 34 CFR 300.14.
"Evaluation"
has the meaning ascribed to that term under 34 CFR 300.15.
"Extended
school year services" has the meaning ascribed to that term under 34 CFR
300.106(b).
"Functional
behavioral assessment" means an assessment process for gathering
information regarding the target behavior, its antecedents and consequences,
controlling variables, the student's strengths, and the communicative and
functional intent of the behavior, for use in developing behavioral
interventions.
"General curriculum"
means the curriculum adopted or used by a local school district or by the
schools within a district for nondisabled students; the content of the program,
as opposed to the setting in which it is offered.
"Individualized
education program team" or "IEP team" has the meaning ascribed to
that term under 34 CFR 300.23.
"Independent
educational evaluation" has the meaning ascribed to that term under 34 CFR
300.502(a)(3)(i).
"Individualized
education program" or "IEP" has the meaning ascribed to that
term under 34 CFR 300.22. An IEP shall be considered "linguistically and
culturally appropriate" if it addresses the language and communication
needs of a student as a foundation for learning, as well as any cultural
factors that may affect the student's education.
"Individualized
Family Service Plan" or "IFSP" means 20 U.S.C. 1401(15).
"Interpreter"
means a person fluent in English and in the necessary language of the parent
and who can accurately speak, read, and readily interpret the necessary second
language, or a person who can accurately sign and read sign language.
"Interpretation
services" means the verbal interpretation of English into another language
and of the other language into English. "Interpretation services" may
also include sight translations of written text into spoken word.
"Least
Restrictive Environment" or "LRE" has the meaning ascribed in 34
CFR 300.114.
"Less common
language" means any language that is not considered a common language, as
defined in this Section.
"Limited
English proficient" has the meaning ascribed to that term under 34 CFR
300.27.
"Native language"
has the meaning ascribed to that term under 34 CFR 300.29.
"Parent"
has the meaning ascribed to that term under 34 CFR 300.30.
"Personally
identifiable" has the meaning ascribed to that term under 34 CFR 300.32.
"Preferred language"
means a parent's or guardian's native language or any other language with which
both parents or guardians are fluent and have agreed upon. "Preferred language"
does not include artificial or constructed languages, including, but not
limited to, Klingon, Dothraki, Elvish, or Esperanto.
"Qualified bilingual
specialist" means an individual who holds the qualifications described in
Section 226.800(e).
"Qualified interpreter"
means a school staff member or other personnel who is:
bilingual and demonstrably
qualified and competent to interpret;
trained in providing the
interpretations requested and sufficiently knowledgeable in both languages and
of any specialized terminology needed; and
trained in ethics of
interpretation.
"Qualified
personnel" means staff members or other individuals who hold the
certificate, educator or professional license, registration, or credential that
is required for the performance of a particular task.
"Qualified
specialist" means an individual who holds the applicable qualifications
described in Subpart I.
"Related services"
has the meaning ascribed to that term under 34 CFR 300.34.
"School
Code" or "Code" means 105 ILCS 5.
"School day"
means any day, including a partial day, that children are in attendance at
school for instructional purposes.
"School district" means
a public school district established under Article 10 or Article 34 of the
School Code or a charter school established under Article 27A of the School
Code.
"Special education"
has the meaning ascribed to that term under 34 CFR 300.39.
"State
Board" means the Illinois State Board of Education.
"Student record"
has the meaning ascribed at 23 Ill. Adm. Code 375.10 (Student Records).
"Supplementary
aids and services" has the meaning ascribed to that term in 34 CFR 300.42.
"Transition
services" has the meaning ascribed to that term in 105 ILCS 5/14-8.03.
"Vital
Documents List" includes the IEP, Parent/Guardian Notification of
Conference, Parent/Guardian Notification of Conference Recommendations, Notice
of Procedural Safeguards for Parents/Guardians of Students with Disabilities, Parent/Guardian
Consent for Initial Evaluation, Parent Consent for Reevaluation, Evaluation
Reports, Eligibility Determination, Manifestation Determination Review
documents, IEP Progress Reports, and Medicaid Consent Forms.
(Source:
Amended at 49 Ill. Reg. 6901, effective May 5, 2025)
SUBPART B: IDENTIFICATION OF ELIGIBLE CHILDREN
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.100 CHILD FIND RESPONSIBILITY
Section 226.100 Child Find
Responsibility
This Section implements the requirements of 34 CFR 300.111.
a) Each school district shall be responsible for actively seeking
out and identifying all children from birth through age 21 within the district (and
those parentally-placed private school children for whom the district is
responsible under 34 CFR 300.131) who may be eligible for special education and
related services. Procedures developed to fulfill the child find
responsibility shall include:
1) Annual and ongoing screenings of children under the age of
five for the purpose of identifying those who may need early intervention or
special education and related services.
2) Ongoing review of each child's performance and progress by
teachers and other professional personnel, in order to refer those children who
exhibit problems that interfere with their educational progress or their
adjustment to the educational setting, suggesting that they may be eligible for
special education and related services.
3) Ongoing coordination with early intervention programs to
identify children from birth through two years of age who have or are suspected
of having disabilities, in order to ensure provision of services in accordance
with applicable timelines. Each local school district shall participate in
transition planning conferences arranged by the designated lead agency under 20
U.S.C. 1437(a)(9) in order to develop a transition plan enabling the public
school to implement an IFSP or IEP by the third birthday of each eligible child
or, for a child with a birthday between May 1 and August 31 who continues to
receive early intervention services past the third birthday, by the beginning
of the school year following that birthday.
b) When the responsible school district staff members conclude
that an individual evaluation of a particular child is warranted based on
factors such as a child's educational progress, interaction with others, or
other functioning in the school environment, the requirements for evaluation
set forth in this Subpart B shall apply.
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.110 EVALUATION PROCEDURES
Section 226.110 Evaluation
Procedures
Procedures for requesting and conducting initial evaluations
of children who are suspected of requiring special education and related
services shall conform to the requirements of 34 CFR 300.301, 300.304, 300.305,
300.306 and 300.309. For purposes of this Section, the "date of
referral" shall be understood to be the date of written parental consent
for an evaluation, and screening procedures done in accordance with 34 CFR
300.302 shall not be considered an evaluation. Written consent for the initial
evaluation shall be obtained in conformance with the requirements of 34 CFR
300.300. In addition, the following requirements shall apply.
a) Procedures for Requesting an Initial Evaluation
Each school
district shall develop and make known to all concerned persons procedures by
which an evaluation may be requested. These procedures shall:
1) Designate the steps to be taken in making a request for an
evaluation;
2) Designate the persons to whom a request may be made;
3) Identify the information that must be provided;
4) Provide any assistance that may be necessary to enable persons
making requests to meet any related requirements established by the district;
and
5) Identify the process for providing the parents with notice of
their rights with respect to procedural safeguards.
b) A request may be made by a parent of a child or by an employee
of a State educational agency, another State agency, a local educational
agency, or a community service agency.
c) District's Response to Request
1) The school district shall be responsible for processing the
request, deciding what action should be taken, and initiating the necessary
procedures.
2) To determine whether the child requires an evaluation, the
district may utilize screening data and conduct preliminary procedures, such as
observation of the child, assessment for instructional purposes, consultation
with the teacher or other individual making the request, and a conference with
the child.
3) Within 14 school days after receiving a request for an
evaluation, the district shall determine whether an evaluation is warranted.
If the district determines not to conduct an evaluation, it shall provide
written notice to the parents in accordance with 34 CFR 300.503(b). If an
evaluation is to be conducted:
A) The
district shall convene a team of individuals (including the parent) having the
knowledge and skills necessary to administer and interpret evaluation data.
The composition of the team will vary depending upon the nature of the child's
symptoms and other relevant factors.
B) The
team shall identify the assessments necessary to complete the evaluation in
accordance with 34 CFR 300.305 and shall prepare a written notification for the
parents as required under 34 CFR 300.304(a). For each domain, the notification
shall either describe the needed assessments or explain why none are needed.
C) The
district shall ensure that the notification of the team's conclusions is
transmitted to the parents within the 14-school-day timeline applicable under
this subsection (c)(3), along with the district's request for the parents'
consent to conduct the needed assessments.
d) Upon completion of the assessments identified pursuant to
subsection (c)(3), but no later than 60 school days following the date the
parent signs the written consent to perform the needed assessments, the
determination of eligibility shall be made and the IEP meeting shall be
completed. If fewer than 60 school days remain in a school year after the date
of parental consent, the eligibility determination shall be made and the IEP
meeting shall be completed prior to the first day of the following school
year. (Section 14-8.02(b) of the School Code)
e) At
the conclusion of the meeting convened pursuant to subsection (d), the team
shall prepare a report describing its consideration of pre-existing information
about the child, all new evaluation reports obtained, and any other information
relevant to the decision about the child's eligibility. This description shall
relate the information considered to the child's needs and shall further
conform to the requirements of Section 226.130 if applicable. The IEP
Team's report shall also include:
1) the date of the meeting;
2) the signatures of the participants, indicating their presence
at the meeting; and
3) any
separate written statement provided by a participant who wishes to be on record
as disagreeing with the conclusions expressed in the team's report.
f) The
school district shall provide a copy of the IEP Team's report to the parent at
the conclusion of the team's meeting. In addition, the district shall provide
to the parent written notice conforming to the requirements of Section 226.520
as to the eligibility determination reached with respect to the child. The
parent shall also be entitled to receive copies of any evaluation reports upon
request.
g) A
copy of the IEP Team's report, together with all documentation upon which it is
based, shall become a part of the child's temporary student record.
h) If an
assessment is conducted under nonstandard conditions, a description of the
extent to which the assessment varied from standard conditions shall be
included in the evaluation report. This information is needed so that the team
of evaluators can assess the effects of these variances on the validity and
reliability of the information reported and determine whether additional
assessments are needed. For example, the use of a translator when a qualified
bilingual specialist is not available may create nonstandard conditions.
i) If
any needed portion of the evaluation cannot be completed due to lack of
parental involvement, religious convictions of the family, or inability of the
child to participate in an evaluative procedure, the district shall note the
missing portions in the child's evaluation report and state the reasons why
those portions could not be completed.
j) In
the event that the student is determined to be eligible for special education
and related services pursuant to the procedures described in subsections (d)
and (e), the IEP meeting shall be conducted within 30 days after the date of
that determination.
k) If a district fails to conduct the evaluation, the parent of
the child in question (or the student, if Section 226.690 applies) may appeal
this failure in an impartial due process hearing or request consideration of
this failure using the State complaint procedures set forth at Section 226.570.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.120 REEVALUATIONS
Section 226.120
Reevaluations
Procedures for the completion of reevaluations of children
for whom special education and related services are currently being provided
shall conform to the requirements of 34 CFR 300.303, 300.304, 300.305, 300.306
and 300.309, as well as Section 226.110 of this Part.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.125 SPECIFIC LEARNING DISABILITY: DYSLEXIA
Section 226.125 Specific Learning Disability: Dyslexia
a) For
the purposes of this Section, dyslexia means a specific learning disability
that is neurobiological in origin. It is characterized by difficulties with
accurate and/or fluent word recognition and by poor spelling and decoding
abilities. These difficulties typically result from a deficit in the
phonological component of language that is often unexpected in relation to
other cognitive abilities and the provision of effective classroom instruction.
Secondary consequences may include problems in reading comprehension and
reduced reading experience that can impede growth of vocabulary and background
knowledge. (Definition from the Board of Directors of the International
Dyslexia Association.)
b) In
accordance with 34 CFR 300.8(b)(10), dyslexia is one of a number of disorders
included as a specific learning disability that may adversely affect the
student's educational performance and result in the child's eligibility for
special education and related services.
c) Each
child suspected of having dyslexia or identified as dyslexic shall be referred
for an evaluation in accordance with the
requirements of 34 CFR 300.304 through 300.311 and Subpart B of this
Part.
(Source: Added
at 40 Ill. Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.130 ADDITIONAL PROCEDURES FOR STUDENTS SUSPECTED OF OR HAVING A SPECIFIC LEARNING DISABILITY
Section 226.130 Additional
Procedures for Students Suspected of or Having a Specific Learning Disability
a) In
addition to the requirements set forth in Sections 226.110 and 226.120 of this
Part, the district shall adhere to the procedures set forth at 34 CFR 300.307, 300.308,
300.309, 300.310, and 300.311 when evaluating a student who is suspected of, or
who has previously been identified as having, a specific learning disability as
described in 34 CFR 300.8.
b) Provided
that the requirements of this subsection (b) are met, each district shall implement
the use of a process that determines how the child responds to scientific,
research-based interventions or multi-tiered systems of support as part of the
evaluation procedure described in 34 CFR 300.304. When a district implements
the use of a process of this type, the district shall not use any child's
participation in the process as the basis for denying a parent's request for an
evaluation.
1) The
State Superintendent of Education shall disseminate a plan outlining the nature
and scope of the professional development that is necessary to permit
implementation of a process of this type and describing any additional
activities or resources that the Superintendent finds to be essential. Any
amendments to the plan will be made in consultation with the statewide teacher
organizations, statewide school management organizations, and State Advisory
Council on Education of Students with Disabilities.
2) The
plan shall quantify the estimated cost of the professional development and
other necessary resources and shall identify sources of funding that are or may
become available to the State Superintendent for these purposes.
3) The plan shall include:
A) a
method of identifying school districts that are less able than others to
implement a process of the required type without technical or financial
assistance from the State;
B) a
timeframe for the provision of training, other technical assistance and
materials, or financial resources for related purposes that demonstrates the
State Superintendent's best efforts to secure and provide relevant support to
districts; and
C) a
method of allocating resources that affords first consideration to districts
that may otherwise be unable to implement a process of the required type
without diverting necessary support from other aspects of the educational
program.
c) Each
district shall have a plan for the use of a process that determines how the
child responds to scientific, research-based interventions as part of the
evaluation procedure described in 34 CFR 300.304. Each district's plan shall
identify the resources the district will devote to this purpose and include an
outline of the types of State-level assistance the district expects to need,
with particular reference to the professional development necessary for its
affected staff members to implement this process. The plan developed pursuant
to this subsection (c) may be incorporated into a district's district
improvement plan (see 23 Ill. Adm. Code 1.85(b)) if one exists.
d) In
addition to using an identification process of the type required by subsection
(b), a district may use a severe discrepancy between intellectual ability and
achievement for determining whether a child has a specific learning disability.
(Source: Amended at 45 Ill.
Reg. 3377, effective March 2, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.135 ADDITIONAL PROCEDURES FOR STUDENTS SUSPECTED OF OR HAVING AN INTELLECTUAL DISABILITY
Section 226.135 Additional Procedures for Students
Suspected of or Having an Intellectual Disability
In addition to the requirements set forth in Sections
226.110 and 226.120, the district shall ensure that a psychological evaluation
has been conducted and a recommendation for eligibility made by a school
psychologist for any child who is suspected of or determined to have an
intellectual disability.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.140 MODES OF COMMUNICATION AND CULTURAL IDENTIFICATION
Section 226.140 Modes of
Communication and Cultural Identification
Before a child is given an
evaluation, the local school district shall ensure compliance with the
requirements of Section 14-8.02 of the School Code by determining the primary
language of the child's home, general cultural identification, and mode of communication.
a) Determination of the child's language use pattern and general
cultural identification shall be made by determining the languages spoken in
the child's home and the languages used most comfortably and frequently by the
child.
b) If the child has a non-English-speaking background, a
determination shall be made of his or her proficiency in English. This
determination shall be conducted in accordance with the provisions of 23 Ill.
Adm. Code 228 (Bilingual Education), which specifies the assessment procedures
and eligibility criteria for bilingual education programs (see 23 Ill. Adm.
Code 228.15).
c) Determination of the child's mode of communication shall be
made by assessing the extent to which the child uses verbal expressive language
and the use he or she makes of other modes of communication (e.g., gestures,
signing, unstructured sounds) as a substitute for verbal expressive language.
d) The child's language use pattern, proficiency in English, mode
of communication, and general cultural identification shall be noted in the
child's temporary student record, and this information shall be used in the
evaluation and in the development and implementation of the individualized
education program.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.150 EVALUATION TO BE NONDISCRIMINATORY
Section 226.150 Evaluation
to be Nondiscriminatory
Each evaluation shall be
conducted so as to ensure that it is nondiscriminatory with respect to
language, culture, race, and gender. (See also 34 CFR 300.304(c).)
a) The languages used to evaluate a child shall be consistent
with the child's primary language or other mode of communication. (See Section
226.140.) If the language use pattern involves two or more languages or modes
of communication, the child shall be evaluated by qualified specialists or,
when needed, qualified bilingual specialists using each of the languages or
modes of communication used by the child. The provisions of subsections (b)
and (c) of this Section shall apply when a qualified bilingual specialist is
needed but unavailable.
b) If documented efforts to locate and secure the services of a
qualified bilingual specialist are unsuccessful, the district shall use an
individual who possesses the professional credentials required under Section
226.840 to complete the specific components of the evaluation. This qualified
specialist shall be assisted by a school district employee holding an educator
license issued pursuant to Article 21B of the School Code [105 ILCS 5/Art. 21B]
or other individual who has demonstrated competencies in the language or modes
of communication of the child.
c) If documented efforts to locate and secure the services of a
qualified bilingual specialist or a qualified specialist assisted by another
individual as provided in subsection (b) are unsuccessful, the district shall
conduct assessment procedures which do not depend upon language. Any special
education resulting from these alternative procedures shall be reviewed
annually until the student's proficiency is determined no longer to be limited
pursuant to 23 Ill. Adm. Code 228.25 (Program Options, Placement, and
Assessment).
d) Tests given to a child whose primary language is other than
English shall be relevant, to the maximum extent possible, to his or her
culture.
e) If the child's receptive and/or expressive communication
skills are impaired due to hearing and/or language deficits, the district shall
utilize test instruments and procedures that do not stress spoken language and
one of the following:
1) Visual communication techniques in addition to auditory
techniques.
2) An interpreter to assist the evaluative personnel with
language and testing.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.160 MEDICAL REVIEW
Section 226.160 Medical
Review
a) In
accordance with 34 CFR 300.304(c)(4), any student who is being evaluated or
re-evaluated for special education services shall be assessed in all areas
related to the suspected disability, including, if appropriate, health, vision,
hearing, social and emotional status, communicative status, and motor
abilities. The results of the medical review shall be used by the IEP team to
address any educationally relevant medical findings or other health concerns that
may affect the provision of FAPE to students with disabilities. The medical
review shall consist of the following components.
1) Subjective
information, if relevant, which may include:
A) a
description of the perceptions that the parents and student, as applicable,
have regarding the student's health;
B) a
health history of the student from the parents; and
C) a
description of perceptions of the student's teachers relative to how the
student's health may be affecting his or her academic performance or access to
the curriculum.
2) Objective
information, if relevant, which shall include:
A) a
summary of information contained in the student's health record and the record
of other health-related information, as defined at 23 Ill. Adm. Code 375.10
(Definitions), about his or her prior and current health conditions; and
B) a
summary of any relevant health-related information obtained from records
provided by or requested from the student's parent, health care provider, or
health facility where the student has received services, which may address
prenatal and birth history; early growth and development; medical issues the
child has experienced; hospitalizations and significant injuries; medical
diagnosis, if any; and medications or treatments the child currently receives.
3) Nursing
services, if relevant, which shall include the identification of the school
health services or school nurse services necessary to enable a student with a
disability to receive FAPE as described in his or her IEP. (See 34 CFR 300.34(c)(13).)
4) Educationally
relevant medical findings, which shall include the identification of the
medical conditions and other health-related issues that are likely to adversely
affect a child's educational performance.
5) Recommendations,
which shall include an analysis of the information gathered for the purpose of:
A) determining
the medical, school health, and/or school nurse services that should be
provided during the school day; and
B) developing
a proposed plan that provides for specific accommodations, modifications, or
interventions to be implemented when educationally relevant medical, school
health, and/or school nurse findings are made, which shall include annual
goals, short-term objectives, and ongoing evaluation.
b) Qualifications of
Personnel
1) Until
June 30, 2016, the practitioners who are qualified to conduct a medical review
that addresses each of the components listed in subsection (a) shall be limited
to:
A) An
individual who holds a professional educator license endorsed for school
support personnel for school nurse, pursuant to 23 Ill. Adm. Code 25.245
(Endorsement for School Nurses); or
B) An
individual licensed to practice medicine in all of its branches pursuant to the
Medical Practice Act of 1987 [225 ILCS 60]; or
C) An
individual licensed as a registered professional nurse pursuant to Article 60
of the Nurse Practice Act [225 ILCS 65/Art. 60]; or
D) An
individual licensed as an advanced practice nurse pursuant to Article 65 of the
Nurse Practice Act [225 ILCS 65/Art. 65].
2) Beginning
July 1, 2016, the practitioners who are qualified to conduct certain components
of the medical review, as identified in this subsection (b)(2), shall be
limited to:
A) An
individual who holds a professional educator license with a school support
personnel endorsement for school nurse, pursuant to 23 Ill. Adm. Code 25.245
(Endorsement for School Nurses), who may conduct any of the components listed
in subsections (a)(1) through (5); or
B) An
individual licensed to practice medicine in all of its branches pursuant to the
Medical Practice Act of 1987 [225 ILCS 60], who may conduct any of those
components listed in subsections (a)(1) through (4); or
C) An
individual licensed as a registered professional nurse pursuant to Article 60
of the Nurse Practice Act [225 ILCS 65/Art. 60] and who also holds a bachelor's
degree in nursing, education or a related field, who may conduct any of those
components listed in subsections (a)(1) through (4); or
D) An
individual licensed as an advanced practice nurse pursuant to Article 65 of the
Nurse Practice Act [225 ILCS 65/Art. 65], who may conduct any of those
components listed in subsections (a)(1) through (4).
c) Certain
exceptions shall apply to the personnel qualifications set forth in subsection
(b).
1) After
July 1, 2016, an individual meeting the qualifications set forth in subsection
(b)(1)(B), (b)(1)(C) or (b)(1)(D) who is currently employed by a school
district or special education cooperative also may continue to conduct
activities described in subsection (a)(5), provided that no later than June 30,
2016, he or she:
A) successfully
completes a training course specific to special education laws and regulations
and students with disabilities that is approved by the State Board of
Education; or
B) passes
the content-area test for the school nurse endorsement authorized under 105
ILCS 5/21B-30.
C) Any
practitioner receiving authorization under subsection (c)(1) to conduct
activities set forth in subsection (a)(5) retains that authorization provided
he or she completes the professional development required at 23 Ill. Adm. Code
25.Subpart J (Renewal of Professional Educator Licenses).
2) Beginning
on July 1, 2016, a school district or special education cooperative may first
employ a practitioner who meets the qualifications set forth in subsection
(b)(2)(B), (b)(2)(C) or (b)(2)(D) to conduct the activities described in
subsection (a)(5), provided that each of the conditions listed in this
subsection (c)(2) are met.
A) A
school district or special education cooperative has not been able to recruit
an individual meeting the qualifications set forth in subsection (b)(1)(A) due
to a shortage of these individuals.
B) The
school district or special education cooperative must be actively engaged in the
recruitment process, as evidenced by written documentation such as notices on
the agency's website, postings with professional organizations, or personnel
notices placed in newspapers, either online or in print. The school district
or special education cooperative shall retain this documentation, which must
include the date of publication or notice, for the duration of the employment
of the practitioner recruited under the provisions of subsection (c)(2), and
make it available upon request to the State Board of Education or its designee.
C) Any
individual hired pursuant to subsection (c)(2) shall meet the qualifications of
subsection (b)(2)(B), (b)(2)(C) or (b)(2)(D) and meet either of the
requirements stated in subsection (c)(1) as soon as is practicable, but in no
case longer than 12 months from the date of hire.
D) Any
practitioner receiving authorization under this subsection (c)(2) to conduct
activities set forth in subsection (a)(5) retains that authorization provided
he or she completes the professional development required at 23 Ill. Adm. Code 25.Subpart
J (Renewal of Professional Educator Licenses).
(Source:
Amended at 40 Ill. Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.170 CRITERIA FOR DETERMINING THE EXISTENCE OF A SPECIFIC LEARNING DISABILITY (REPEALED)
Section 226.170 Criteria for
Determining the Existence of a Specific Learning Disability (Repealed)
(Source: Repealed at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.180 INDEPENDENT EDUCATIONAL EVALUATION
Section 226.180 Independent
Educational Evaluation
Parents have the right to obtain
an independent educational evaluation of their child at public expense in
accordance with 34 CFR 300.502 and Sections 14-8.02(b) and (g-5) of the School
Code. The following rights and requirements shall also apply.
a) If the parents disagree with the district's evaluation and
wish to obtain an independent educational evaluation at public expense, their
request to that effect shall be submitted in writing to the local school
district superintendent or district special education administrator.
b) When an independent evaluation is obtained at public expense,
the party chosen to perform the evaluation shall be either:
1) an individual whose name is included on the list of
independent educational evaluators developed by the State Board of Education
pursuant to Section 226.830 with regard to the relevant types of evaluation; or
2) another individual possessing the credentials required by
Section 226.840.
c) If the parent wishes an evaluator to have specific credentials
in addition to those required by Section 226.840, the parent and the school
district shall agree on the qualifications of the examiner and the specific
evaluations to be completed prior to the initiation of an independent
educational evaluation at public expense. If agreement cannot be reached, the
school district shall initiate a due process hearing subject to the time
constraints set forth in this Section, as applicable.
d) Within 10 days after receiving a report of an independent
evaluation conducted at either public or private expense, the district shall provide
written notice stating the date upon which the IEP Team will meet to consider
the results. (Also see Section 226.530.)
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.190 REEVALUATION (REPEALED)
Section 226.190 Reevaluation
(Repealed)
(Source: Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
SUBPART C: THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.200 GENERAL REQUIREMENTS
Section 226.200 General
Requirements
Each school district shall provide special education and
related services to eligible children in accordance with their IEPs.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.210 IEP TEAM
Section 226.210 IEP Team
The composition of the IEP Team
for a particular child, and the participation, attendance, and excusal of the
team members and other individuals in the IEP meeting, shall conform to the
requirements of 34 CFR 300.321, 300.322, 300.324, and 300.325. The additional
requirements of this Section shall also apply.
a) The general education teacher who serves as a member of a
child's IEP Team shall be a teacher who is, or may be, responsible for
implementing a portion of the IEP, so that the teacher can participate in
discussions about how best to instruct the child.
b) For a child age three through five years who has not yet
entered the primary grades, the team shall include an individual qualified to
teach preschool children without identified disabilities.
c) If the child is receiving only speech and language services,
the speech and language pathologist shall fulfill the role of the special
education teacher set forth at 34 CFR 300.321(a)(3).
d) The representative of the public agency required by 34 CFR
300.321(a)(4) must, in addition to the requirements set forth in that portion
of the federal regulations, have the authority to make commitments for the
provision of resources and be able to ensure that the services set out in the
IEP will be implemented.
e) The IEP Team shall include a qualified bilingual specialist or
bilingual teacher, if the presence of such a person is needed to assist the
other participants in understanding the child's language or cultural factors as
they relate to the child's instructional needs. If documented efforts to
locate and secure the services of a qualified bilingual specialist are
unsuccessful, the district shall instead meet the requirements set forth in
Section 226.150(b) of this Part.
f) In the case of a child whose behavior impedes his or her
learning or the learning of others, the team shall include a person knowledgeable
about positive behavior strategies.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.220 DEVELOPMENT, REVIEW, AND REVISION OF THE IEP
Section 226.220 Development,
Review, and Revision of the IEP
The development, review, and
revision of each child's IEP shall conform to the requirements of 34 CFR
300.324 and 300.328. The additional requirements of this Section shall also
apply.
a) When an IEP has been developed or revised, the district shall
provide notice in accordance with 34 CFR 300.503(b) and (c) immediately to the
parents, unless a later date is agreed upon by the parent and documented in the
IEP, and implementation of the IEP shall occur no later than 10 school days
after the provision of this notice or by the beginning of the following school
year if the IEP is developed or revised with fewer than 10 school days
remaining in the school year. If the new or revised IEP requires extended-year
services, those services shall be provided in accordance with the provisions of
the IEP.
b) If, at a meeting to develop or revise a child's
individualized education program, the IEP team determines that a certain
service is required in order for the child to receive a free, appropriate
public education and that service is not implemented within 10 school days after
the service was to be initiated as set forth by the child's IEP, then the local
education agency shall provide the child's parent or guardian with written
notification that the service has not yet been implemented. The notification
must be provided to the child's parent or guardian within 3 school days after
the local education agency's non-compliance with the child's IEP and must
inform the parent or guardian about the school district's procedures for
requesting compensatory services. (Section 14-8.02f(d-5) of the Code) For
purposes of this Section, "school days" does not include days in
which a child is absent from school for reasons unrelated to a lack of IEP
services or when the service is available but the child is unavailable.
c) Either a child's educational provider or a child's parent may
request an IEP meeting at any time. Within 10 days after receipt of a request,
the district shall either agree and notify the parent in accordance with 34 CFR
300.501(b) and Section 226.530(a) or notify the parents in writing of its
refusal, including an explanation of the reason no meeting is necessary to
ensure the provision of FAPE for the child.
d) The
development of an IEP for a child who has a disability on the autism spectrum
shall include consideration of the factors specified in Section 14-8.02(b)(1)
through (7) of the Code.
e) If a student
has an intellectual disability or a developmental disability, as defined
under Section 1-106 of the Mental Health and Developmental Disabilities Code
[405 ILCS 5], the student's IEP team shall determine the student's
Priority of Urgency of Need for Services (PUNS) registration status at
the annual IEP review based upon information provided by the student's
parents or guardian or by the student. If it is determined that the
student is not registered for the PUNS database or if it is unclear whether the
student is registered for the PUNS database, the parents or guardian and the
student shall be referred to a designated employee of the public school who
shall provide the student's parents or guardian and the student with the
name, location, and contact information of the appropriate intermediate
service center to contact in order to register the student for the PUNS
database, as well as other relevant information provided in Section
2-3.163(c-5) of the School Code. (Section 2-3.163(a-5) of the School Code)
f) In the development of the individualized education program,
if the student needs extra accommodation during emergencies, including natural
disasters or an active shooter situation, then that accommodation shall be
taken into account when developing the student's individualized education program.
(Section 14-8.02(d) of the School Code)
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.230 CONTENT OF THE IEP
Section 226.230 Content of
the IEP
The content of each child's IEP
shall conform to the requirements of 34 CFR 300.320. The additional
requirements of this Section shall also apply.
a) Each
IEP shall include:
1) A statement of measurable annual goals that reflect
consideration of the State Goals for Learning and the Illinois Learning
Standards (see 23 Ill. Adm. Code 1), as well as benchmarks or short-term
objectives developed in accordance with the child's present levels of academic
and functional performance.
2) A statement regarding the child's ability to participate in
State and district-wide assessments.
3) A statement as to the languages or modes of communication in
which special education and related services will be provided, if other than or
in addition to English.
4) A statement as to whether the child requires the provision of
services beyond the district's normal school year in order to receive FAPE
("extended school year services") and, if so, a description of those
services that includes their amount, frequency, duration, and location.
b) The IEP of a student who requires a behavioral intervention
plan shall:
1) Summarize the findings of the functional behavioral
assessment;
2) Summarize prior interventions implemented;
3) Describe any behavioral interventions to be used, including
those aimed at developing or strengthening alternative or more appropriate
behaviors;
4) Identify the measurable behavioral changes expected and
methods of evaluation;
5) Identify a schedule for a review of the interventions'
effectiveness; and
6) Identify provisions for communicating with the parents about
their child's behavior and coordinating school-based and home-based
interventions.
c) Beginning not later than the first IEP to be in effect when
the child turns 14½, and updated annually thereafter, the IEP shall include:
1) appropriate,
measurable, postsecondary goals based upon age-appropriate assessments related
to employment, education or training, and independent living;
2) the transition
services that are needed to assist the child in reaching those goals, including
courses of study and any other needed services to be provided by entities other
than the school district;
3) any
additional requirements set forth in Section 14-8.03 of the School Code; and
4) if
the student is enrolled in a dual credit course for dual credit or for high
school credit only, the student's participation in the course shall be included.
(Section 14-8.03(a-5) of the School Code)
d) For purposes of 34 CFR 300.320(c), the age of majority under
Illinois law is 18. The IEP of a student who may, after reaching age 18, become
eligible to participate in the home-based support services program for adults
with intellectual disabilities that is authorized by the Developmental
Disability and Mental Disability Services Act [405 ILCS 80] shall set forth
specific plans related to that program that conform to the requirements of
Section 14-8.02 of the School Code.
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.240 DETERMINATION OF PLACEMENT
Section 226.240
Determination of Placement
The determination of placement
shall conform to the requirements of 34 CFR 300.114 through 300.116, 300.327,
and 300.501(c), and the IEP Team shall take into consideration the student's
eligibility for other educational programs and services such as bilingual
education, career and technical education, gifted education, and federal Title
I programs. The placement determination shall be reviewed at least annually or
any time the IEP is revised.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.250 CHILD AGED THREE THROUGH FIVE
Section 226.250 Child Aged
Three Through Five
In the case of an eligible child
three through five years of age, an IFSP that contains the material described
in 34 CFR 300.323(b) may serve as a child's IEP if using that plan is agreed to
by the local school district and the child's parents. If a district proposes
to use an IFSP, the local school district shall:
a) Provide a detailed explanation of the differences between an
IFSP and an IEP to the child's parents;
b) Obtain informed, written consent from the parents for the use
of the IFSP; and
c) Ensure that the IFSP is developed in accordance with the IEP
requirements found in Subpart C of this Part.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.260 CHILD REACHING AGE THREE
Section 226.260 Child
Reaching Age Three
a) Child with an Individualized Family Service Plan (IFSP)
For each child
who will be making the transition from an early intervention program into the
special education program of a school district at age three, the district shall
ensure that either an IEP or the child's IFSP is in effect on the child's third
birthday. A representative of the school district shall participate in the
transition meeting scheduled by the early intervention team. If a child
continues to receive early intervention services until the beginning of the
school year following the child's third birthday, the district shall ensure
that either an IEP or the child's IFSP is in effect on the first day of the
following school year.
b) Child Without an IFSP
1) For each child who is referred to a school district at least
60 school days prior to the child's third birthday and determined eligible, the
district shall ensure that either an IEP or an IFSP is in effect on the third
birthday.
2) For each child who is referred with fewer than 60 school days
remaining before the third birthday, or after that date, the district shall
comply with the requirements of Section 226.110(c) through (j) of this Part.
c) If a child's third birthday occurs during the summer, the IEP
Team for that child shall determine when the district's services to the child
will begin. If the child's birthday falls between May 1 and August 31,
the child may continue to receive early intervention services until the
beginning of the school year following the child's third birthday.
[325 ILCS 20/11(b)]
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
SUBPART D: PLACEMENT
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.300 CONTINUUM OF ALTERNATIVE PLACEMENT OPTIONS
Section 226.300 Continuum of
Alternative Placement Options
Each local school district shall,
in conformance with the requirements of 34 CFR 300.39 and 300.115, ensure that
a continuum of placements is available to meet the needs of children with
disabilities for special education and related services. With respect to the
home instruction and instruction in hospitals and institutions referenced in 34
CFR 300.39 and 300.115:
a) The child receives services at home or in a hospital or other
setting because he or she is unable to attend school elsewhere due to a medical
condition.
b) When an eligible student has a medical condition that will
cause an absence for two or more consecutive weeks of school or ongoing
intermittent absences, as defined in Section 14-13.01(a-5) of the School Code,
the IEP Team for that child shall meet to determine the type and amount of home
or hospital services. The provision of home or hospital services shall be based
upon a written statement from a physician licensed to practice medicine in all
its branches that specifies:
1) the child's medical condition;
2) the impact on the child's ability to participate in education;
and
3) the anticipated duration or nature of the child's absence from
school.
c) Special education and related services required by the
child's IEP must be implemented as part of the child's home or hospital
instruction, unless the IEP Team determines that modifications are necessary
during the home or hospital instruction due to the child's condition. (Section
14-13.01 of the School Code)
1) The amount of instructional or related service time provided
through the home or hospital program shall be determined in relation to the
child's educational needs and physical and mental health needs.
2) The amount of instructional time shall not be less than five
hours per week unless the physician has certified in writing that the child
should not receive as many as five hours of instruction in a school week. Instruction
may be delivered in-person or via an online platform, as determined by the IEP
team. In the event that the child's illness or a teacher's absence reduces the
number of hours in a given week to which the child is entitled, the school
district shall work with the IEP Team and the child's parents to provide the
number of hours missed, as medically advisable for the child.
d) Instructional time shall be scheduled only on days when school
is regularly in session, unless otherwise agreed to by all parties.
e) Home or hospital instructors shall meet the requirements of 23
Ill. Adm. Code 1.610 (Personnel Required to be Qualified).
f) In accordance with Section 14-13.01(a-5) of the School Code,
services required by the IEP shall be implemented not later than five school
days after the district receives the physician's statement.
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.310 RELATED SERVICES
Section 226.310 Related
Services
Each school district shall
ensure that related services are provided if necessary to assist an eligible
child in benefiting from his or her special education. Local education
agencies must make service logs that record the delivery of related services
administered under the child's IEP and the minutes of each type of related
service that has been administered available to the child's parent or guardian
at any time upon request of the child's parent or guardian. Related services
for which a log must be made are: speech and language services, occupational
therapy services, physical therapy services, school social work services,
school counseling services, school psychology services, and school nursing
services. The local education agency must inform the child's parent or guardian,
within 20 school days from the beginning of the school year or upon
establishment of an IEP, of his or her ability to request those service logs. (Section
14-8.02f(d) of the Code)
(Source: Amended at 45 Ill.
Reg. 3377, effective March 2, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.320 SERVICE TO STUDENTS LIVING IN RESIDENTIAL CARE FACILITIES
Section 226.320 Service to
Students Living in Residential Care Facilities
Children with disabilities may
be placed into public or nonpublic residential facilities for reasons other
than education by various public entities, such as the Department of
Corrections, the Department of Children and Family Services, or the juvenile
courts. Except as provided in Section 14-8.01 of the School Code, the school
district within whose boundaries a public or nonpublic residential facility is
located is responsible for ensuring special education and related services in
the least restrictive environment to those students who are eligible pursuant
to this Part. "Residential facilities" refers to any of the
following.
a) "Children's Home" or "Orphanage": any
licensed residential institution, other than those directly operated by the
State of Illinois, that cares for disabled, neglected, delinquent, and/or
dependent children.
b) "Foster Family Home": an individual residential
unit that cares for one or more disabled, neglected, delinquent, or dependent
children who are not members of the primary family. A home of this type accepts
foster children for care under specific and written authority of a municipal,
county, or State agency authorized to make the placement.
c) "State Residential Units": residential housing
units that are directly operated by the State of Illinois, on property owned by
the State, and primarily funded by an agency of the State.
(Source: Amended at 40 Ill. Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.330 PLACEMENT BY SCHOOL DISTRICT IN STATE-OPERATED OR NONPUBLIC SPECIAL EDUCATION FACILITIES
Section 226.330 Placement by
School District in State-Operated or Nonpublic Special Education Facilities
When an IEP Team determines that
no less restrictive setting on the continuum of alternative placements will
meet a child's needs, the child may be placed in a State-operated or nonpublic
special education facility. In such a case, use of a State-operated program should
be given first consideration. However, the district shall refer the child to
the agency or facility which is most appropriate to the individual situation.
This determination shall be based upon recent diagnostic assessments and other
pertinent evidence and made in light of such other factors as proximity to the
child's home. Evidence of a condition that presents a danger to the physical
well-being of the student or to other students may be taken into consideration
in identifying the appropriate placement for a particular child.
a) When it appears that a child will require a placement pursuant
to this Section, the IEP Team shall invite representatives of potential service
providers to assist in identifying or verifying the appropriate placement for that
child. If one or more needed representatives cannot attend, the district shall
use other methods to ensure their participation.
b) The school district in which the child resides is responsible
for ensuring implementation of the child's IEP and convening any needed IEP
meetings, including the annual review. If the district allows a State-operated
or nonpublic school to initiate and conduct the IEP meeting, the district must
ensure that the parent and a representative of the district are invited to participate
in any decision about the child's IEP and agree to any proposed changes in the
program before the changes are implemented. The district remains responsible
for the development and implementation of the child's IEP and for compliance
with the requirements of this Part.
c) Except for emergency residential placements made pursuant to
subsection (g) or (i), no school district shall place any child in a nonpublic
special education program, nor shall any such program accept placement of any
child with a disability under Section 14-7.02 of the School Code, unless all
the following conditions have been met.
1) The program has been approved by the State Board of Education pursuant
to the criteria set forth in 23 Ill. Adm. Code 401 (Special Education Facilities
Under Section 14-7.02 of the School Code) for the school year for which
placement is sought.
2) Pursuant to Section 14-7.02 of the School Code, the school
district made referrals to in-state residential facilities prior to considering
out-of-state residential facilities for placement of the child.
3) The allowable costs for the program have been established
pursuant to Section 14-7.02 of the School Code.
4) The district has made the certification of inability to meet
the student's needs to the State Superintendent of Education, if required
pursuant to Section 14-7.02 of the School Code, and the State Superintendent
has found the district in substantial compliance with Section 14-4.01 of the
School Code.
5) The State Board has approved the program for all of the
disability categories applicable to the student and requiring services pursuant
to the IEP.
6) The program has been approved by the State Board of Education
for the age range that includes the age of the student.
7) The district has determined that the program will provide all
educational programming and related services specified on the child's IEP. The
use of a facility or program pursuant to 23 Ill. Adm. Code 401 does not relieve
the local school district of the responsibility for ensuring that the student
will receive all programming and related services required by the IEP, whether
from one source or from multiple sources.
8) The school district and the facility have entered into the
contractual agreement required by subsection (d).
9) The child will receive an education that meets the standards
applicable to education provided by the school district.
d) If a nonpublic school placement is chosen, the district and
the facility shall enter into an agreement using a format provided by the State
Board of Education. The agreement shall provide for, but need not be limited
to:
1) The child's IEP, as developed by the school district in which
the child resides;
2) The amount of tuition that will be charged;
3) Assurance that the special education staff of the placing
school district may inspect the private facility and confer with the staff at
reasonable times;
4) Assurances that the placement will result in no cost to
parents; and
5) Assurance that the provider that operates a nonpublic special
education facility is prohibited from terminating a student's placement in that
facility without first requesting an IEP meeting from the contracting school
district. If the provider elects to terminate the student's placement
following the IEP meeting, the provider must give written notice to this effect
to the parent or guardian, the contracting public school district, and the
State Board of Education no later than 20 business days before the date of the
termination, unless the health and safety of any student are endangered. (Section
14-7.02(c-5) of the School Code)
e) When a school district uses a nonpublic facility, the district
shall be responsible for the payment of tuition and the provision of
transportation as provided by Section 14-7.02 of the School Code. (See also
Section 226.750(b) of this Part.)
f) Each school district shall be responsible for monitoring the
performance of each State-operated or nonpublic facility where it has placed
one or more eligible students, to ensure that the implementation of each IEP
conforms to the applicable requirements of this Part.
g) A school district may place a student in a nonpublic special
education facility ("facility") providing educational services, but
not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401
or other applicable laws or administrative rules, provided that the State Board
of Education provides an emergency and student-specific approval for
placement. The State Board of Education shall promptly, within 10 days of the
request, approve requests for emergency and student-specific approval for residential
placement when the following have been demonstrated to the State Board of
Education:
1) The facility demonstrates appropriate certification of
teachers for the student population;
2) The facility demonstrates age-appropriate curriculum;
3) The facility provides enrollment and attendance data;
4) The facility demonstrates the ability to implement the child's
IEP; and
5) The school district demonstrates that it made good faith
efforts to place the student in an approved facility, but no approved facility
has accepted and can immediately place the student.
h) Resident district financial responsibility and reimbursement
under Section 14-7.02 of the School Code applies for both nonpublic special
education facilities that are approved by the State Board of Education pursuant
to 23 Ill. Adm. Code 401 or other applicable laws or administrative rules and
nonpublic special education facilities that receive emergency and
student-specific approval for residential placement by the State Board of
Education pursuant to subsection (g).
i) When an impartial due process hearing officer contracted by
the State Board of Education orders placement of a student with a disability in
a residential facility that is not approved by the State Board of Education,
for purposes of subsection (g), the facility shall be deemed approved for
placement and resident district payments and State reimbursements shall be made
accordingly.
j) A district may continue a placement in a facility approved
pursuant to subsection (g) or (i) so long as:
1) The student's IEP team determines annually that such placement
continues to be appropriate to meet the student's needs, and
2) At
least every 3 years following the student's placement, the IEP team reviews
appropriate ISBE-approved facilities under 23 Ill. Adm. Code 401 to determine
whether there is any approved facility that can meet the student's needs, has
accepted the student, and has availability for placement of the student.
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.335 NONPUBLIC SPECIAL EDUCATION PLACEMENT OF PUBLIC SCHOOL STUDENTS DURING A GUBERNATORIAL DISASTER PROCLAMATION
Section 226.335 Nonpublic Special
Education Placement of Public School Students During a Gubernatorial
Disaster Proclamation
During a mandated suspension of in-person instruction upon a
gubernatorial declaration of a disaster under Section 7 of the Illinois
Emergency Management Agency Act [20 ILCS 3305], and for the duration of that
gubernatorial disaster proclamation, all approved special education private
facilities may continue to invoice school districts and school districts shall
continue to pay the per diem approved by the Illinois Purchased Care Review
Board under Section 14-7.02 of the School Code. The State Board of Education
will reimburse school districts for all approved special education private
facility expenditures. School districts will be reimbursed for special
education private facility tuition expenditures per the statutory formula under
Section 14-7.02 of the School Code. School districts will be reimbursed for
special education room and board expenditures under Part B of the federal
Individuals with Disabilities Education Act, as prescribed in Section 14-8.01
of the School Code.
(Source: Added at 44 Ill. Reg. 14792,
effective August 27, 2020)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.340 NONPUBLIC PLACEMENTS BY PARENTS WHERE FAPE IS AT ISSUE
Section 226.340 Nonpublic
Placements by Parents Where FAPE is at Issue
This Section shall apply to students with disabilities who
have been, or are to be, placed in a non-public facility by their parents
following the parents' refusal to accept an offer of FAPE by a school
district. For such students, the reimbursement obligations and other
requirements set forth at 34 CFR 300.148 shall be applicable. If a
determination is made by a hearing officer or court of law that the school
district is not obligated to provide special education or reimbursement to such
a student, the school district shall treat the student as a student defined by
Section 226.350 of this Part.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.350 SERVICE TO PARENTALLY-PLACED PRIVATE SCHOOL STUDENTS
Section 226.350 Service to
Parentally-Placed Private School Students
"Parentally-Placed Private School Students" shall
be defined as set forth in 34 CFR 300.130. As noted in Section 226.100 of this
Part, school districts shall conduct child find for parentally-placed private
school students in conformance with the requirements of 34 CFR 300.131. Each
school district shall also conform to the requirements of 34 CFR 300.132 through
300.144. In fulfilling the requirements of 34 CFR 300.134 (Consultation) and
300.135 (Affirmation), school districts that are members of the same special
education joint agreement are permitted to conduct jointly their consultation
with private school and parent representatives. However, even when multiple
districts' funds are pooled by a joint agreement, the amounts that are required
to be used for services to parentally-placed private school students must be
spent in accordance with each member district's "proportionate share"
obligation. School districts that are members of the same special education
joint agreement shall be prohibited from aggregating proportionate share funds
when determining services for parentally-placed private school students.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.360 PLACEMENT BY SCHOOL DISTRICTS IN REMOTE EDUCATIONAL PROGRAMS
Section 226.360 Placement by School Districts in Remote
Educational Programs
A school district that places a student into a remote
educational program authorized under Section 10-29 of the School Code [105 ILCS
5/10-29] shall ensure that the educational programming and related services as
specified in the child's IEP are provided to the student. The placement of the
student in a remote educational program does not relieve the school district of
the responsibility for ensuring that the student will receive all programming
and related services required by the IEP, whether from one source or from
multiple sources. Each local school district shall be responsible for
monitoring the performance of the remote educational program to ensure that the
implementation of each IEP conforms to the applicable requirements of this
Part.
(Source: Added at 34 Ill.
Reg. 17433, effective October 28, 2010)
SUBPART E: DISCIPLINE
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.400 DISCIPLINARY ACTIONS
Section 226.400 Disciplinary
Actions
With respect to disciplinary action concerning children with
disabilities, school districts shall conform to the requirements of 34 CFR
300.530 through 300.536, as well as Section 10-22.6 of the School Code [105
ILCS 5/10-22.6]. In addition, upon the occurrence of any act that may subject
the student either to expulsion from school or suspension resulting in more
than ten cumulative days of suspension during any one school year, the district
shall be required to convene a meeting of the IEP Team to review the student's
behavioral intervention plan or, if a behavioral intervention plan has not yet
been developed, to develop one.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.410 MANIFESTATION DETERMINATION REVIEW (REPEALED)
Section 226.410
Manifestation Determination Review (Repealed)
(Source: Repealed at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.420 APPEALS (REPEALED)
Section 226.420 Appeals (Repealed)
(Source: Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.430 PROTECTION FOR CHILDREN NOT YET ELIGIBLE FOR SPECIAL EDUCATION (REPEALED)
Section 226.430 Protection
for Children Not Yet Eligible for Special Education (Repealed)
(Source:
Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.440 REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES (REPEALED)
Section 226.440 Referral to
and Action by Law Enforcement and Judicial Authorities (Repealed)
(Source: Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
SUBPART F: PROCEDURAL SAFEGUARDS
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.500 LANGUAGE OF NOTIFICATIONS
Section 226.500 Language of
Notifications
a) The
notices to individual parents required in this Subpart F shall conform to the
requirements of 34 CFR 300.503(c).
b) Written
translation of the Vital Documents List into the ten most commonly spoken
languages in Illinois, other than English, must be provided to Limited English
Proficiency parents of children with disabilities. This requirement includes
translation of the individualized substance of documents on the Vital Documents
List. A translated Parent/Guardian Notification of Conference Recommendations
form and all other applicable elements of the IEP forms must be provided
simultaneously with English IEP documents and all reasonable efforts to provide
the IEP within seven school days after the IEP meeting must be made, or as soon
as possible thereafter. All other vital IEP documents must be translated and
provided to parents as soon as practicable but not more than 30 school days
after the IEP meeting.
c) Parents
may request translation of documents not on the Vital Documents List that have
a vital relation to the child’s educational planning through the same process
identified on the Notification of Conference form, and school districts must
make reasonable efforts to provide the requested translations in a timely
manner.
d) All
translations must be performed by competent translators who have undergone
sufficient professional training regarding special education terminology and
processes, or by outside vendors that are commercially recognized as providing
competent translation services; or, if a school district elects to utilize an
automated translation program or application, the results must be reviewed and
edited, as needed, by an individual qualified to determine the accuracy of the
translation. All translations must be certified to be true and accurate by the
translator to the best of the translator’s knowledge or ability.
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.510 NOTIFICATION OF PARENTS' RIGHTS
Section 226.510 Notification
of Parents' Rights
A copy of the notice of
procedural safeguards available to the parents of a child with a disability
shall be given to the parents in accordance with, and shall conform to the
requirements of, 34 CFR 300.504.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.520 NOTIFICATION OF DISTRICT'S PROPOSAL
Section 226.520 Notification
of District's Proposal
The written notice a school
district is required to provide to a parent prior to a proposal or refusal to
initiate or change the identification, evaluation, or educational placement of,
or the provision of FAPE to, a child shall conform to the requirements of 34
CFR 300.503. "Reasonable time", for purposes of 34 CFR 300.503(a),
is defined as ten school days. A parent may
waive the ten-school day notice period before
placement, allowing the district to place the child in the recommended program
as soon as practicable. If an IEP contains a proposal or refusal to initiate
or change the educational placement of a child, the Conference Recommendations
must be provided in writing in the preferred language of the parent or other
mode of communication used by the parent (such as orally if the parent is
illiterate).
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.530 PARENTS' PARTICIPATION
Section 226.530 Parents'
Participation
a) With
respect to parents' participation in meetings, school districts shall conform
to the requirements of 34 CFR 300.322 and 300.501. For purposes of 34 CFR
300.322(a)(1), "notifying parents of the meeting early enough to ensure
that they will have an opportunity to attend" means the district shall
provide written notification no later than ten days prior to the proposed date
of the meeting. No later than 3 school days prior to a meeting to determine
a child's eligibility for special education and related services or to review a
child's IEP, or as soon as possible if an IEP meeting is scheduled within 3
school days with written consent of the child's parent or guardian, the local
education agency must provide the child's parent or guardian with copies of all
written material that will be considered by the IEP team at the meeting so that
the parent or guardian may participate in the meeting as a fully-informed
member. The parent or guardian shall have the option of choosing from the
available methods of delivery, which must include regular mail and picking up
the materials at school. For a meeting to determine the child's eligibility for
special education, the written material must include all evaluations and
collected data that will be considered at the meeting. For a child who is
already eligible for special education and related services, the written
material must include a copy of all IEP components that will be discussed by
the IEP team, other than the components related to the educational and related
service minutes proposed for the child and the child's placement. Parents shall
also be informed of their right to review and copy their child's school student
records prior to any special education eligibility or IEP review meeting,
subject to the requirements of applicable federal and State law. (Section
14-8.02f(c) of the Code)
1) In
addition, the district shall take whatever action is necessary to facilitate
the parent's understanding of and participation in the proceedings at a
meeting, including arranging for and covering the expense of a qualified
interpreter, as described in Section 226.800(k), for parents whose native
language is other than English or for an interpreter licensed pursuant to the
Interpreter for the Deaf Licensure Act of 2007 [225 ILCS 443] for parents who
are deaf. All interpreters for the common languages and American Sign Language
shall be qualified interpreters. If a qualified interpreter is not available, a
school district may use outside vendors, including telephonic interpreters, that
are commercially recognized as providing competent interpretation services.
2) For
the less common languages, the school district will make all reasonable efforts
to provide an interpreter.
A) The interpreter must be:
i) demonstrably
qualified and competent to interpret into and out of the less common language;
ii) trained
in providing the interpretations requested and is sufficiently knowledgeable in
both languages and of any specialized terminology needed; and
iii) trained in the ethics
of interpretation.
B) In
fulfilling this request, a school district may use outside vendors, including
telephonic interpreters, that are commercially recognized as providing
competent interpretation services.
b) Each
school district must provide annually to all parents of children with
disabilities and in each Notice of Conference the following information:
1) notice
to all parents of children eligible for an individualized education program
(IEP) about the availability of interpretation services at IEP team meetings. This
notice must be provided in English, in all common languages, and in the
parent’s preferred language, if known and practicable;
2) an
explanation of how parents can request an interpreter;
3) notice
that a parent has the right to request that the interpreter provided by the
school district serve no other role in the IEP meeting than as an interpreter,
and that the school district must make reasonable efforts to fulfill this
request. If a parent believes the school district unreasonably denied their
request for an interpreter who serves no other role in the IEP meeting, that
parent has all rights under the IDEA and Article 14 of the School Code,
including a due process hearing, the State's special education complaint
investigation process, mediation, ISBE monitoring, and the ability to file a
complaint with the U.S. Department of Education's Office for Civil Rights;
4) a
point of contact for any questions or complaints about interpretation services;
and
5) notice
to all parents of children eligible for an IEP that written translations of
vital IEP process documents are available, how to request translated documents,
and whom to contact with any questions or complaints about the translations. This
notice must be provided in English, in all common languages, and in the
parent’s preferred language, if known and practicable.
c) Each
school district must record the following information in a standardized manner
within the IEP Conference Summary Report and report that anonymously aggregated
data at the individual school level to ISBE on an annual basis using the
IEP-Student Tracking and Reporting System (ISTAR) or another adopted reporting
system:
1) whether
a parent requested an interpreter, had previously requested interpretation
services, or had otherwise indicated that an interpreter was necessary to
ensure meaningful parental involvement in the IEP meeting;
2) the
language for interpretation;
3) whether
a qualified interpreter was provided for each IEP meeting; and
4) whether
a parent requested that the interpreter serve no other role in the IEP meeting
and, if so, whether the school district granted that request.
d) Each
school district must track the following data and must report that anonymously
aggregated data at the individual school level to ISBE on an annual basis
through ISTAR or another adopted reporting system:
1) the
number of Parent/Guardian Notification of Conference Recommendations forms and
IEPs prepared during the year for which a parent requested translation, had
previously requested translation services, or had otherwise indicated that a
translation was necessary;
2) the
number and percentage of Parent/Guardian Notification of Conference
Recommendations forms and IEPs prepared, by language, when a translated Parent/Guardian
Notification of Conference Recommendations form and an IEP were provided;
3) the
number and percentage of such Parent/Guardian Notification
of Conference Recommendations forms, by language, when a translated Parent/Guardian Notification of Conference
Recommendations form was provided at the time of the IEP meeting;
4) the
number and percentage of the Parent/Guardian
Notification of Conference Recommendations forms that were translated, the
average number of school days between the IEP meeting and provision of the
translated Parent/Guardian Notification of Conference Recommendations, by
language;
5) the
number and percentage of IEPs, by language, when a translated IEP was provided
within 30 school days of the IEP meeting; and
6) of
the IEPs that were translated, the average number of school days between the
IEP meeting and provision of the translated IEP, by language.
(Source: Amended at 47 Ill. Reg. 2244,
effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.540 CONSENT
Section 226.540 Consent
Consent, as defined in 34 CFR 300.9, shall be obtained and
may be revoked in accordance with the requirements of 34 CFR 300.154(e),
300.300, 300.323, and 300.622. In addition, the following requirements shall
apply:
a) A parent may revoke consent for any action by the district or
cooperative entity serving his or her child that requires parental consent. If
a parent desires to revoke consent, he or she may do so either in writing or
orally. If the revocation of consent is communicated orally, the district or
cooperative entity shall commit the parent's request to writing and provide a
copy of this written summary to the parent within five days.
b) Any revocation of consent is effective immediately, i.e., it
does not negate an action that occurred after the consent was given and before
it was revoked. For purposes of this subsection (b), a district shall be
considered to have given immediate effect to a parent's revocation of consent
when it either discontinues the action that is the subject of the revocation
prior to its next scheduled occurrence or provides to the parent a written
explanation of the timeline for the district's action and the reasons for that
timeline. The district or cooperative entity shall ensure that each staff
member whose activities are affected by the revocation of consent is promptly
informed of the revocation.
(Source: Amended at 34 Ill.
Reg. 17433, effective October 28, 2010)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.550 SURROGATE PARENTS
Section 226.550 Surrogate
Parents
The qualifications, responsibilities, and appointment
procedures for surrogate parents shall conform to the requirements of 34 CFR
300.519 and Section 14-8.02a of the School Code [105 ILCS 5/14-8.02a]. In addition,
the following requirements shall apply:
a) When a child who is a ward of the State is placed in a
residential facility, a representative of that facility shall submit to the
State Board of Education a request for the appointment of a surrogate parent.
Upon enrollment of a student, the resident school district is responsible for
ensuring the assignment of a surrogate parent if the residential facility has
not already done so.
b) The State Board of Education shall appoint a surrogate parent
for each child who requires one, in keeping with the criteria set forth in 34
CFR 300.519(d) and the following requirements.
1) All reasonable efforts shall be made to secure a surrogate
parent whose racial, linguistic, and cultural background is similar to the
child's.
2) The surrogate parent shall have been trained by the State
Board.
c) When a surrogate parent is appointed, the State Board of
Education shall provide written notification to the local school district, the
individual appointed, and, if applicable, the residential facility of the name
and address of the surrogate parent, the specific responsibilities to be
fulfilled, and the length of time for which the appointment is valid.
d) When a child living in a residential facility no longer requires
a surrogate parent, a representative of the facility shall notify the State
Board of Education in writing to that effect. This notification shall include
the reason for withdrawal of the request.
e) When a surrogate parent's appointment is terminated, the State
Board of Education shall so notify the surrogate parent, the local school
district, and, if applicable, the residential facility.
(Source: Amended at 40 Ill.
Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.560 MEDIATION
Section 226.560 Mediation
a) The procedures for mediation shall conform to the requirements
of 34 CFR 300.506.
b) The
agreement of the parties to enter mediation shall allow the child to remain, or
"stay put", in the child's current placement during the pendency of
the mediation. If mediation is requested within 10 school days of the notice
of proposed change in placement, the stay-put placement shall be the last
placement to which the parties agreed.
c) If
mediation fails to resolve the dispute between the parties, the parent (or
student if 18 years of age or older or emancipated) shall have 10 days after
the mediation concludes to file a request for a due process hearing in order to
continue to invoke the "stay-put" provisions. (Section 14-8.02a(j)
of the School Code)
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.570 STATE COMPLAINT PROCEDURES
Section 226.570 State
Complaint Procedures
This Section sets forth the State Board of Education's
written complaint procedures, as required by 34 CFR 300.151, 300.152, and
300.153 and Section 14-8.02e of the Code.
a) A parent, individual, or organization may file a signed,
written complaint with the State Board of Education alleging that a local
school district, cooperative service unit, or the State has violated the rights
of one or more children with disabilities. The complaint shall include:
1) A statement that a responsible public entity has violated a
requirement of Part B of the IDEA, Title 34 of the Code of Federal Regulations,
Article 14 of the Code, or this Part;
2) The facts on which the statement is based;
3) The signature and contact information for the complainant;
4) The names and addresses of the students involved (and the
names of the schools of attendance), if known;
5) A
description of the nature of the problem of the child, including the facts
relating to the problem; and
6) A
proposed resolution of the problem to the extent known and available to the
party at the time the complaint is filed.
b) Except as otherwise provided under Section 14-8.02e(b) of the
Code, a complaint shall only be considered if it alleges that the violation
occurred not more than one year prior to the date on which the complaint is
received.
c) Within
60 days after receiving a complaint that meets the requirements of subsections
(a) and (b), the State Board of Education shall:
1) Carry
out an independent on-site investigation, if deemed necessary by the State
Board of Education.
2) Give
the complainant the opportunity to submit additional information, either orally
or in writing, about the allegations in the complaint.
3) Require
that the public entity that is the subject of the complaint submit a written
response to the complaint, including corrective action compliance documentation.
(See Section 14-8.02e of the Code.) The public entity shall submit its response
and all other documentation to the State Board of Education and the parent,
individual, or organization filing the complaint no later than the date
indicated in the written correspondence received under this subsection (c)(3),
which in no case shall exceed 45 days.
4) Provide
the public entity with the opportunity during the complaint process to:
A) offer
a proposal to resolve the complaint; and/or
B) offer
to engage the parent in mediation or alternative means of dispute resolution.
5) Review
all relevant information and make an independent determination as to whether
the public entity is violating a requirement of Part B of the IDEA, 34 CFR,
Article 14 of the Code, or this Part.
6) Issue
a written decision to the complainant that addresses each allegation in the
complaint and contains:
A) findings of fact and
conclusions; and
B) the reasons for the
State Board of Education's final decision.
7) Issue
orders for any actions, including technical assistance activities and negotiation,
that are necessary to bring the public entity into compliance with applicable
requirements.
d) An extension of the time limit set forth in subsection (c)
shall be allowed if exceptional circumstances exist with respect to a
particular complaint or if the parent and the public entity agree to extend the
time to conduct the activities pursuant to subsection (c)(4)(B).
e) If a written complaint is received by the State Board of
Education involving one or more issues that are also the subject of a due
process hearing, the State Board shall hold those portions of the complaint in
abeyance pending the completion of the hearing. However, any issues that are
not the subject of the hearing shall be resolved as provided in this Section.
f) If a complaint is filed about an issue that has previously
been decided in a due process hearing involving the same parties, the decision
arising from that hearing shall be considered binding, and the State Board
shall inform the complainant to that effect. A complaint alleging a public
entity's failure to implement a decision arising from due process, shall be
resolved by the State Board pursuant to Section 226.675.
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
SUBPART G: DUE PROCESS
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.600 CALCULATION OF TIMELINES
Section 226.600 Calculation
of Timelines
In calculating the timelines
specified in this Subpart G, Section 1.11 of the Statute on Statutes [5 ILCS
70/1.11] shall apply.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.605 REQUEST FOR HEARING; BASIS (REPEALED)
Section 226.605 Request for
Hearing; Basis (Repealed)
(Source: Repealed at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.610 INFORMATION TO PARENTS CONCERNING RIGHT TO HEARING
Section 226.610 Information
to Parents Concerning Right to Hearing
Each school district shall notify
parents in writing of the procedures for requesting a due process hearing in
accordance with 34 CFR 300.507 and 300.508. This written notice shall be
provided to the parent by the district upon receipt of a request for a due
process hearing. Written notice provided to parents as required under Section
226.510 of this Part shall be deemed sufficient notice for purposes of this
Section.
(Source: Amended at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.615 PROCEDURE FOR REQUEST
Section
226.615 Procedure for Request
The
filing, basis for, and content of due process requests, whether by a parent, a
student, or a local school district, shall conform to the requirements of 34 CFR
300.507 and 300.508. (See Section 226.655 of this Part for requirements
pertaining to expedited due process hearings.) In addition, in order to fulfill
the requirement to "forward a copy of the due process complaint to the SEA",
as specified in 34 CFR 300.508(a)(2), the school district superintendent shall,
within five days after receipt of the request, forward the request to the State
Board of Education in Springfield by certified mail or another means that
provides written evidence of the delivery.
(Source:
Amended at 31 Ill. Reg. 9915, effective June
28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.620 DENIAL OF HEARING REQUEST (REPEALED)
Section
226.620 Denial of Hearing Request (Repealed)
(Source:
Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.625 RIGHTS OF THE PARTIES RELATED TO HEARINGS
Section 226.625 Rights of
the Parties Related to Hearings
The hearing rights of parties shall conform to the
requirements of 34 CFR 300.512 and Section 14-8.02a of the School Code. In
addition, the following requirements shall apply.
a) The parents shall have access to the district's list of
independent evaluators and may obtain an independent evaluation of their child
at their own expense.
1) If the parents believe that acquisition of a completed
independent evaluation will require a delay in convening the hearing, the
parents shall request such a delay as provided in Section 226.640(b) of this
Part.
2) The parents may ask the hearing officer to determine whether
an independent evaluation is needed. If the hearing officer concludes, after
reviewing the available information, that an independent evaluation is
necessary to inform the hearing officer concerning the services to which the
student may be entitled, it shall be so ordered and provided at the school
district's expense. The hearing officer shall delay the hearing as provided
for in Section 226.640(b) of this Part.
3) This subsection (a) shall not apply to expedited hearings
conducted pursuant to Section 226.655 of this Part.
b) Either party, or any other person participating in the
hearing, may request that an interpreter be available during the hearing
because one of the participants is hearing impaired or uses a primary language
other than English. Interpreters shall be provided at the school district's
expense.
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.630 QUALIFICATIONS, TRAINING, AND SERVICE OF IMPARTIAL DUE PROCESS HEARING OFFICERS
Section
226.630 Qualifications, Training, and Service of Impartial Due Process Hearing
Officers
a) Impartial due process
hearing officers must possess qualifications in conformance with the
requirements of 34 CFR 300.511 and Section 14-8.02c(b) of the School Code [105
ILCS 5/14-8.02c(b)]. "Relevant
experience", as used in Section 14-8.02c(b) of the School Code, means at
least three years' experience, whether paid or voluntary, in special education,
disability-related issues, or advocacy.
b) An individual wishing to
be considered as an impartial due process hearing officer shall submit an
application to the State Board. In completing the application form, which
shall be provided by the State Board, the individual shall disclose at least
the following information:
1) name and address;
2) degrees held;
3) current employment
status, including, if applicable, the employer's name and the title of the
employee's position;
4) school district of
residence; and
5) professional background
and relevant experience.
c) Conditions of Service
Hearing
officers' terms of service and subsequent reappointment shall be as provided in
Section 14-8.02c(d) and (e) of the School Code.
1) A hearing officer shall
accept each case to which he or she is assigned, unless:
A) the hearing officer is
ill;
B) the hearing officer has a
personal, professional, or financial interest that would conflict with his or
her objectivity with respect to a particular case; or
C) the hearing officer is
ineligible to accept a particular case pursuant to Section 226.635(a) of this
Part.
2) A hearing officer whose
other commitments will interfere with his or her ability to accept cases for
more than 15 days shall so notify the State Board of Education in writing.
(Source:
Amended at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.635 APPOINTMENT, RECUSAL, AND SUBSTITUTION OF IMPARTIAL DUE PROCESS HEARING OFFICERS
Section
226.635 Appointment, Recusal, and Substitution of Impartial Due Process
Hearing Officers
The
appointment, recusal, and substitution of due process hearing officers shall
conform with the requirements of Section 14-8.02a(f-5) of the School Code [105
ILCS 5/14-8.02a(f-5)]. A request for substitution of the hearing officer, as
permitted by that Section, shall be submitted via letter or facsimile to the
Due Process Coordinator at the State Board of Education and shall be postmarked
or transmitted no later than five days after the party requesting the
substitution receives notification from the State Board of the original hearing
officer's appointment.
(Source:
Amended at 32 Ill. Reg. 4828, effective March 21, 2008)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.640 SCHEDULING THE HEARING AND PRE-HEARING CONFERENCE
Section
226.640 Scheduling the Hearing and Pre-Hearing Conference
The
provisions of this Section shall not apply to expedited hearings conducted
pursuant to Section 226.655 of this Part.
a) The hearing officer
shall schedule a pre-hearing conference in accordance with the requirements of
Section 14-8.02a(g-40) of the School Code [105 ILCS 5/14-8.02a(g-40)].
b) Either party may request
a delay in convening the hearing and/or the pre-hearing conference. The party
requesting a delay shall do so in writing to the hearing officer, with a copy
sent at the same time to the other party. The requesting party shall set forth
the reasons for the request. The hearing officer shall either grant or deny
the request and shall so inform the parties and the State Board of Education in
writing. The hearing officer shall determine a new time and date for convening
the hearing and/or pre-hearing conference.
1) If the parties jointly
propose a delay in convening the hearing or pre-hearing conference, it shall be
delayed as agreed. The hearing officer, being advised of such agreement, shall
confirm the delay in writing to the parties and the State Board of Education.
Such notice shall become part of the administrative record.
2) If the parties cannot
agree to a mutually convenient time and place for convening the hearing and/or
pre-hearing conference, the hearing officer shall fix the time and place,
notify the parties in writing, and proceed to convene and conduct the
pre-hearing conference and hearing, provided that the delay shall not continue
for a period longer than necessitated by the circumstances that precipitated
the delay.
(Source:
Amended at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.645 CONDUCTING THE PRE-HEARING CONFERENCE
a) The hearing officer
shall convene the pre-hearing conference in accordance with Section
14-8.02a(g-40) of the School Code.
b) The provisions of this
Section shall not apply to expedited hearings conducted pursuant to Section
226.655 of this Part.
(Source:
Amended at 31 Ill. Reg. 9915, effective June
28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.650 CHILD'S STATUS DURING DUE PROCESS HEARING (REPEALED)
Section
226.650 Child's Status During Due Process Hearing (Repealed)
(Source:
Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.655 EXPEDITED DUE PROCESS HEARING
Section 226.655 Expedited Due Process Hearing
Requests for expedited due
process hearings shall be made in accordance with 34 CFR 300.532 and 300.533
and Section 14-8.02b of the School Code [105 ILCS 5/14-8.02b].
a) The hearing officer shall determine:
1) whether the child shall be placed in the proposed alternative
educational setting; or
2) whether the local school district has demonstrated that the
child's behavior was not a manifestation of the child's disability.
b) The hearing officer shall consider the following factors in
determining whether an interim alternative placement is appropriate:
1) Whether the local school district has demonstrated by
substantial evidence (i.e., beyond a preponderance of the evidence) that
maintaining the current placement of the child is substantially likely to
result in injury to the child or to others;
2) Whether the child's current placement is appropriate;
3) Whether the district has made reasonable efforts to minimize
the risk of harm in the child's current placement, including the use of
supplementary aids and services; and
4) Whether the interim alternative educational setting will
permit full implementation of the student's IEP and includes services and
modifications designed to prevent the undesired behavior from recurring.
c) If all the conditions set forth in subsection (b) of this
Section are met, the hearing officer shall order a change in the child's
placement to an appropriate interim alternative educational setting for not
more than 45 school days. If the district demonstrates that the student is
substantially likely to injure himself or herself or others if returned to the
placement that was used prior to the student's removal, the hearing officer may
order that the student remain in the interim setting for subsequent periods of
up to 45 school days each.
(Source: Amended at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.660 POWERS AND DUTIES OF HEARING OFFICER
Section
226.660 Powers and Duties of Hearing Officer
The
hearing officer shall conduct the hearing and, with respect to the hearing,
shall have, but is not limited to, the following powers:
a) To
administer, or to authorize the court reporter to administer, oaths;
b) To
examine witnesses;
c) To
authorize the issuance of subpoenas;
d) To
rule upon the admissibility of evidence;
e) To
order independent evaluations;
f) To
grant specific extensions of time;
g) To read into the hearing
record any stipulations of fact and other matters agreed upon at the
pre-hearing conference and to enter into the record any pre-hearing orders;
h) To
render decisions and issue orders and clarifications.
(Source:
Amended at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.665 RECORD OF PROCEEDINGS
Section 226.665 Record of Proceedings
A record of the hearing shall be made and the cost of such
record borne in accordance with 34 CFR 300.512(a)(4) and Section 14-8.02a(g-55)
of the School Code [105 ILCS 5/14-8.02a(g-55)].
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.670 DECISION OF HEARING OFFICER; CLARIFICATION
Section 226.670 Decision of
Hearing Officer; Clarification
The bases and timelines for
decisions of hearing officers shall conform to the requirements of 34 CFR
300.513 and Section 14-8.02a(h) of the School Code [105 ILCS 5/14-8.02a(h)]. In
addition, the hearing officer's decision shall be sent by certified mail to the
parties enumerated in Section 14-8.02a(h) of the School Code. The decision
shall be translated into the native language of the parents if their primary
language is other than English.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.675 MONITORING AND ENFORCEMENT OF DECISIONS; NOTICE OF INELIGIBILITY FOR FUNDING
Section 226.675 Monitoring and Enforcement of Decisions;
Notice of Ineligibility for Funding
Upon receipt of the hearing officer's decision, the State
Board of Education shall review the decision an monitor compliance by the
parties with the terms of the decision. If the district fails to comply with
the decision in the time specified by the hearing officer, the State Board of
Education shall notify the parties in writing by certified mail that it finds
the district to be in noncompliance may result in loss of recognition status of
the district's programs by the State, withholding of State or federal funds
which the district would otherwise be eligible to receive, or in other
enforcement action unless the district remedies the noncompliance within the time
period specified in the notice of noncompliance.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.680 REPORTING OF DECISIONS (REPEALED)
Section
226.680 Reporting of Decisions (Repealed)
(Source:
Repealed at 31 Ill. Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.690 TRANSFER OF PARENTAL RIGHTS
Section 226.690 Transfer of
Parental Rights
This Section implements 34 CFR 300.520 and Section 14-6.10
of the School Code [105 ILCS 5/14-6.10].
a) When a student with a disability reaches the age of majority
(18 years of age; see 755 ILCS 5/11-1) or becomes an emancipated minor pursuant
to the Emancipation of Minors Act [750 ILCS 30] (except for a student with a
disability who has been adjudged as a disabled person pursuant to 755 ILCS 5/11a-2
or who has executed a Delegation of Rights that is in effect as provided in
Section 14-6.10 of the School Code):
1) The school district shall provide any notice required by this
Part to both the individual and the parents, and all other rights accorded to
parents under Part B of the Individuals with Disabilities Education Act, the
implementing regulations at 34 CFR 300, and this Part shall transfer to the
student; and
2) All rights accorded to parents under Part B of the Individuals
with Disabilities Education Act, the implementing regulations at 34 CFR 300,
and this Part shall transfer to a child who is incarcerated in an adult or
juvenile, State, or local correctional institution.
b) Whenever rights are transferred to a student pursuant to this
Section, the district shall notify the student and the parents of the transfer
of rights.
c) All notices that are required under this Part and 34 CFR 300
shall be provided to the student and the parent after the student reaches the
age of majority.
(Source: Amended at 32 Ill.
Reg. 4828, effective March 21, 2008)
SUBPART H: ADMINISTRATIVE REQUIREMENTS
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.700 GENERAL
Section 226.700 General
a) Each school district, independently or in cooperation with
other districts, shall provide a comprehensive program of special education for
children with disabilities who are from three through 21 years of age (or, if a
child reaches the age of 22 during the school year, then 22 years of age) and
who are resident in the district. A "comprehensive program" is one
that includes:
1) A viable organizational and financial structure;
2) Systematic procedures for identifying and evaluating the need
for special education and related services;
3) A continuum of appropriate alternative placements available to
meet the needs of children for special education and related services (see
Section 226.300);
4) Qualified personnel who are employed in sufficient number to
provide:
A) Administration of the program;
B) Supervisory services;
C) Instructional and resource services;
D) Related services; and
E) Transportation services;
5) Appropriate and adequate facilities, equipment and materials;
6) Functional relationships with public and private agencies that
can supplement or enhance the special education services of the public schools;
7) Interaction with parents and other concerned persons that
facilitates the educational development of children with disabilities;
8) Procedures for internal evaluation of the special education
services provided; and
9) Continuous planning for program growth and improvement based
on internal and external evaluation.
b) The school district is the primary agent for the delivery of
special education services. Districts may carry out their obligations with
regard to special education by forming cooperatives or joint agreements. These
entities are:
1) Authorized by State law to develop, manage, and provide
services or programs on behalf of school districts;
2) Recognized as agencies for purposes of the provision of
special education and related services provided within public elementary and
secondary schools of the State;
3) Considered as service agents of the participating districts;
and
4) Directed by, and responsible to, all the participating local
districts.
c) Special education and related services that would not comply
with specific requirements of this Part shall require written approval from the
State Board of Education prior to their implementation. A district's request
for approval shall be submitted in writing to the State Board and shall include
a description of the district's proposal. In determining whether to approve
such a request, the State Board's staff shall consider whether the proposed
program or service will compromise students' educational opportunity or prevent
the full implementation of any student's IEP, in light of such factors as the
students' disabilities and the proposed class size, staff qualifications,
physical plant and evaluation plan. Denial of such a request may be appealed
to the State Superintendent of Education.
(Source: Amended at 46 Ill.
Reg. 6453, effective April 11, 2022)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.710 POLICIES AND PROCEDURES
Section
226.710 Policies and Procedures
a) Each local school
district, or the special education cooperative of which it is a member, shall
develop written policies and procedures conforming to the requirements of
subsection (b). The policies and procedures shall be kept on file and
presented to the State Board of Education upon request.
b) Each set of policies and
procedures shall address the district's compliance with at least the
requirements for:
1) the provision of a free
appropriate public education;
2) child find;
3) evaluation (including
policies and procedures developed pursuant to Section 226.130) and
determination of eligibility;
4) Individualized Education
Programs;
5) students' participation
in assessments;
6) serving students in the
least restrictive environment;
7) the provision of
extended school year services;
8) transition of children
served under Part C of the Individuals with Disabilities Education Act into
preschool programs;
9) serving students who
attend nonpublic schools;
10) procedural safeguards;
11) establishing the goal
of full educational opportunity;
12) confidentiality of
personally identifiable information;
13) the use of federal
matching funds under the Medicaid (Title XIX) or Children's Health Insurance (All Kids; Title XXI) program to supplement
special education programs and services (if the district is participating in
one or more of those federal programs); and
14) competent
interpretation services at IEP meetings and translation of vital IEP process
documents.
(Source: Amended at 47 Ill. Reg. 2244,
effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.720 FACILITIES AND CLASSES
Section
226.720 Facilities and Classes
a) Facilities of school
districts, special education cooperatives, or joint agreements used for special
education services shall be appropriate to, and adequate for, the specific
programs or services for which they are used and, pursuant to Section 14-8.01
of the School Code, shall be subject to the applicable provisions of 23 Ill.
Adm. Code 180 (Health/Life Safety Code for Public Schools). The facilities
shall be comparable to those provided to the students in the general education
environment. The facilities of special education providers under Section
14-7.02 of the School Code [105 ILCS 5/14-7.02] are governed by 23 Ill. Adm.
Code 401.
b) The age range of
students within a special education grouping shall not exceed four years at the
elementary level and six years at the secondary level. Early childhood
classes and services shall serve only children from three through five years of
age.
c) Special education
classes and services shall be delivered in age-appropriate settings.
(Source:
Amended at 47 Ill. Reg. 2244, effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.730 CLASS SIZE FOR 2009-10 AND BEYOND
Section 226.730 Class Size for 2009-10 and Beyond
a) When
a student's IEP calls for services in a general education classroom, the
student must be served in a class that is composed of students of whom at least
70 percent are without IEPs, that utilizes the general curriculum, that is
taught by an instructor holding an educator license for general education and who
is employed for that purpose, and that is not designated as a general remedial
classroom. For purposes of this subsection (a), a student who receives speech
services outside of the general education classroom and who does not require
modifications to the content of the general education curriculum shall be
included in the calculation of the percentage of students without IEPs. (See
105 ILCS 5/14-2.)
b) Class
size means the total number of students an educator serves during any special
education class. As used in this subsection (b), "class" means any
circumstance in which only students with IEPs are served and at least one
special education teacher is assigned and provides instruction or therapy
exclusively to students with IEPs. In the formation of special education
classes, consideration shall be given to the age of the students, the nature
and severity of their disabilities, the educational needs of the students, and
the degree of intervention necessary, subject to the limitations of this
subsection (b).
1) Classes
in which all of the students receive special education services for 20 percent
of the school day or less shall have at least one qualified teacher for each 15
students in attendance during any given class. However, the district may
increase the class size by a maximum of two students when a paraprofessional educator
is provided for the entire class.
2) Each
class in which any student receives special education services for more than 20
percent of the school day but no more than 60 percent of the school day shall
have at least one qualified teacher for each 10 students in attendance during
that class. However, the district may increase the class size by a maximum of
five students when a paraprofessional educator is provided for the entire
class.
3) Each
class in which any student receives special education services for more than 60
percent of the school day shall have at least one qualified teacher for each
eight students in attendance during that class. However, the district may increase
the class size by a maximum of five students when a paraprofessional educator is
provided for the entire class.
4) Each
class for children ages three through five shall have at least one qualified
teacher for each five students in attendance during that class. However, the
district may increase the class size by a maximum of five students when a
paraprofessional educator is provided for the entire class.
5) The
provisions of subsections (b)(1) through (4) notwithstanding, class size shall
be limited according to the needs of the students for individualized
instruction and services.
c) The
maximum class sizes set forth in subsection (b) shall, if necessary, be further
restricted at the local level to account for the activities and services in
which the affected educators participate in order to provide students with IEPs
a free, appropriate public education in the least restrictive environment to
which they are entitled.
(Source: Amended at 47 Ill. Reg. 2244,
effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.731 CLASS SIZE PROVISIONS FOR 2007-08 AND 2008-09 (REPEALED)
Section 226.731 Class Size Provisions for 2007-08 and
2008-09 (Repealed)
(Source:
Repealed at 40 Ill. Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.735 WORK LOAD FOR SPECIAL EDUCATORS
Section 226.735 Work Load for Special Educators
In order to provide students with IEPs the free, appropriate
education to which they are entitled, each entity subject to this Part shall implement
and maintain limits on the work load of its special educators so that all
services required under students' IEPs, as well as all needed ancillary and
support services, can be provided at the requisite level of intensity.
a) Work
load limits shall be developed in cooperation with the entity's affected
employees and, where there is an exclusive representative, in accordance with
the Illinois Educational Labor Relations Act (IELRA) [115 ILCS 5], to ensure
timely implementation by the start of the school year.
b) Work
load limits shall be based on an analysis of the activities for which the
entity's special educators are responsible and shall encompass, but need not be
limited to:
1) individualized
instruction;
2) consultative
services and other collaboration among staff members;
3) attendance
at IEP meetings and other staff conferences; and
4) paperwork
and reporting.
c) The
number of children served by a speech and language pathologist shall be based
on the speech-language needs of each child. The other provisions of this
Section notwithstanding, at no time shall the caseload of a speech and language
pathologist exceed 60 students.
(Source: Amended
at 40 Ill. Reg. 2220, effective January 13, 2016)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.740 RECORDS; CONFIDENTIALITY
Section 226.740 Records;
Confidentiality
Students' records shall be
maintained in accordance with 34 CFR 300.610 through 300.627, the School
Student Records Act [105 ILCS 10] and the rules of the State Board of Education
(23 Ill. Adm. Code 375). In addition, the following requirements shall apply:
a) The portion of each district's policies and procedures that is
required pursuant to Section 226.710(b)(3) of this Part shall require that all
information maintained concerning a student receiving special education be
directly related to the provision of services to that child and shall address:
1) the method by which information concerning a student will be
collected;
2) the confidential nature of the information;
3) the use to which the information will be put;
4) how the information will be recorded and maintained;
5) the period for which the information will be maintained;
6) the persons to whom the information will be available; and
7) under what circumstances the information will be made
available.
b) The portion of each district's policies and procedures
referred to in subsection (a) of this Section shall be consistent with:
1) The Illinois School Student Records Act;
2) 23 Ill. Adm. Code 375 (Student Records);
3) 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition
and Supervision);
4) The Family Educational Rights and Privacy Act; and
5) The Illinois Domestic Violence Act of 1986 [750 ILCS 60].
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.750 ADDITIONAL SERVICES
Section 226.750 Additional Services
Additional services and activities shall be provided to
students whose IEPs require them in accordance with 34 CFR 300.105 (Assistive
Technology), 300.106 (Extended School Year Services) and 300.108 (Physical
Education). In addition, the following shall apply:
a) Behavioral Intervention
1) School
districts shall establish local policies and procedures on the use of positive
behavioral interventions to manage, intervene in, or change the behavior of
students with disabilities.
2) Each
district's policies and procedures shall require that IEP teams consider
strategies including positive behavioral interventions and supports to address
behaviors that impede a child's functioning or that of other children in the
academic setting or in noninstructional contexts such as regular transportation
and extracurricular activities. The district's policies and procedures shall
include criteria for determining when a particular student's possible need for
a behavioral intervention plan should be reviewed.
3) Behavioral
interventions shall be used in consideration of the child's physical freedom,
social interaction, and right to placement in the least restrictive environment
and shall be administered in a manner that respects human dignity and personal
privacy.
b) Transportation
Each child who is eligible for
special education and related services pursuant to this Part shall be eligible
for special transportation. Such transportation shall be provided as the
child's disability or the program location may require.
1) Arrival
and departure times shall ensure a full instructional day which is comparable
to that of the regular education students. Any deviation from this standard
must be based upon the individual needs of the child and reflected in the
child's IEP.
2) Every
effort should be made to limit the child's total travel time to not more than
one hour each way to and from the special education facility.
3) The
special transportation shall be scheduled in such a way that the child's health
and ability to relate to the educational experience are not adversely affected.
4) Vehicles
utilized for special transportation shall be adapted to the specific needs of
the children receiving this service.
5) Personnel
responsible for special transportation shall be given training experiences
which will enable them to understand and appropriately relate to children with
disabilities.
6) When
a district has placed students in a State-operated or nonpublic day program,
the district shall provide transportation for the children in that program.
7) When
a child is placed in a residential facility, the school district shall provide
transportation services for the child's initial trip to the facility and return
home at the close of the school term. The district shall likewise provide
transportation for the child at the beginning and end of each school term
thereafter.
A) If the
district assumes responsibility for transportation arrangements, it shall
provide reasonable notice to parents of departure dates and times. It shall in
all instances notify the parents within 48 hours after completing those
arrangements.
B) The
modes of travel and degree of support and supervision to be provided shall be
included in the student's IEP.
C) The
district shall provide transportation services for one round trip home, at a
midterm break or at another time as mutually agreed by the district and the
parents, and at any additional time when the facility is to be temporarily
closed.
D) The
school district shall provide round-trip transportation at any time the
district seeks additional diagnostic assessments of the student or if the
parent wishes the child to be present during a due process hearing.
E) The
school district shall provide round-trip transportation in emergencies such as
serious illness of the child or death or imminent death of an individual in the
child's immediate family. "Immediate family" includes a parent, a grandparent,
a sibling, or any person who resides in the child's immediate household. If
the district questions the severity of an illness of the child or an immediate
family member, it may require the opinion of a licensed physician to
corroborate the severity of the illness.
F) The
school district may also provide transportation services to encourage family
contacts and/or to reintegrate the child into the home and community. The
district shall have the authority to determine, upon consultation with the
parents, when transportation is appropriate for this purpose and shall
incorporate this decision, with the specific reasons for it, into the student's
IEP.
c) Vocational
Education
Students eligible pursuant to this
Part shall receive vocational education in accordance with their individual
IEPs.
1) Community
work experiences that are part of a student's IEP shall occur during the school
day, unless this is precluded by the nature of the experiences.
2) All
community work experiences which are provided by the school as part of the IEP
and for which the student receives educational credit shall be supervised by
school personnel.
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.760 EVALUATION OF SPECIAL EDUCATION
Section
226.760 Evaluation of Special Education
a) The extent to which a
school district is fulfilling its responsibilities to children with
disabilities shall be determined by the State Board of Education. Official
representatives of the State Board shall be authorized to examine all
documentation, including student records, that would facilitate the
determination.
b) Evaluation by the State
Board of Education shall focus on the district's provision of special education
services, on each special education cooperative organization of which it is a
participant, and on community resources utilized by the district.
c) Evaluation of special
education services shall be based on all of the following elements.
1) The performance of the
program, as evidenced by data that state education agencies must collect, including
without limitation the information collected pursuant to 34 CFR 300.170,
300.600, 300.601, 300.602, and 300.646;
2) The adequacy of the
policies and procedures developed pursuant to Section 226.710 of this Part;
3) The extent to which
children with disabilities are being adequately served and the effectiveness of
each special education service; and
4) Records maintained to
demonstrate compliance with the assurances furnished in applications for State
and federal funds.
d) The State Board of Education
shall provide written reports of its evaluations and any subsequent
recommendations or actions to the appropriate boards of education.
e) Compliance with the
requirements of this Part shall be a factor in determining a district's
recognition status pursuant to 23 Ill. Adm. Code 1 (Public Schools Evaluation,
Recognition and Supervision).
f) A district whose status
is changed to "nonrecognized" due to an unfavorable evaluation of its
compliance with the requirements of this Part shall have the opportunity to
request a hearing pursuant to the Illinois Administrative Procedure Act [5 ILCS
100/Art. 10] and the State Board's rules for Contested Cases and Other Formal
Hearings (23 Ill. Adm. Code 475).
(Source: Amended at 31 Ill.
Reg. 9915, effective June 28, 2007)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.770 FISCAL PROVISIONS
Section 226.770 Fiscal
Provisions
a) Requirements
Related to the Provision of FAPE
1) A school district is responsible for developing students' IEPs
and remains responsible for ensuring that children receive all the services
described in their IEPs in a timely fashion, regardless of whether another
agency will ultimately pay for the services.
2) A school district may look to non-educational entities such as
insurance companies and the Medicaid program, to pay for services for which these
entities are otherwise responsible. The district must have written consent
from parents in order to use their private insurance.
3) Services required by an IEP must be provided at no cost to the
child's parents, whether they have public or private insurance. Parents shall
be notified that the use of their private insurance proceeds to pay for
services is voluntary. In the case of a child who is dually insured (through
private insurance and Medicaid), a family shall not be required to draw upon
private insurance whose use is a prerequisite to billing Medicaid if that use
of insurance will result in financial costs to the family.
4) "Financial costs to the family" include:
A) Out-of-pocket expenses incurred in filing a claim, such as the
payment of a deductible or required co-payment, but not including incidental
costs such as the time needed to file an insurance claim or the postage needed
to mail the claim;
B) A decrease in available lifetime coverage or any other benefit
under an insurance policy;
C) Payment by the family for services that would otherwise be
covered by Medicaid and that are required for the child outside of the time the
child is in school;
D) An increase in premiums or the discontinuation of a policy; and
E) A risk in terms of loss of eligibility for home- and
community-based waivers, based on aggregate health-related expenditures.
b) The federal regulations implementing the Individuals with
Disabilities Education Act (see 34 CFR 300) establish detailed requirements for
the use of federal funds in connection with service to students who are
eligible under this Part. School districts and cooperative entities are
required to comply with those federal requirements.
c) School districts and cooperative entities shall use federal
matching funds received under Medicaid or the All Kids program only to
supplement special education programs and services.
d) Computation
of Reimbursement Under Section 14-7.03 of the School Code
The amount of
reimbursement for which a district shall be eligible under Section 14-7.03 of
the School Code shall be computed by determining the actual cost of maintaining
the program in accordance with the State Board's rules for Determining Special
Education Per Capita Tuition Charge (23 Ill. Adm. Code 130). The total
reimbursement for a child who is living in a residential care facility and who
has been placed in a nonpublic special education program by the responsible
district shall not exceed the amount authorized under Section 14-7.02 of the
School Code.
e) Eligibility
of Students for Funding Under Section 14-7.03 of the School Code
1) A student who meets the requirements of Section 14-1.11a(5) of
the School Code is eligible for reimbursement under Section 14-7.03 of the
School Code if that student:
A) is a resident of one of the residential care facilities
described in Section 226.320;
B) would not be a resident of that school district except by
virtue of placement in one of the residential care facilities described in
Section 226.320(a); and
C) has been declared eligible for special education and related
services pursuant to this Part.
2) A student who has been declared eligible for special education
and related services pursuant to this Part and is living in a State residential
unit or county-operated detention center is eligible for reimbursement under
Section 14-7.03 of the School Code.
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.780 PROCEDURES FOR WITHDRAWAL HEARINGS BEFORE THE REGIONAL BOARD OF SCHOOL TRUSTEES
Section 226.780 Procedures for Withdrawal Hearings
before the Regional Board of School Trustees
This Section sets forth the procedures for a hearing by one
or more regional boards of school trustees to consider a school district's
petition to withdraw from a special education joint agreement pursuant to
Section 10-22.31 of the School Code. The procedures set forth in this Section
shall not apply to school district withdrawals from a special education joint
agreement agreed upon by all remaining member districts.
a) Upon
receipt of the petition for withdrawal, a regional board of school trustees
that exercises oversight or governance over all member school districts of the
joint agreement shall conduct the hearing.
1) The
Regional Superintendent of Schools, acting in her or his role as ex officio
secretary of the regional board of school trustees, shall deliver a copy of the
petition to the board of each member district and shall publish notice of the
petition once in a newspaper having general circulation in the educational
service region. The notice shall include the following:
A) The
date the petition was filed;
B) The
name of each school district that is a member of the joint agreement;
C) The
effective date on which the petitioning district would be withdrawn from the
joint agreement if the petition is granted; and
D) The
return date on which the hearing upon the petition will be held, which shall be
no less than 10 and no more than 15 days after the publication of the notice.
2) Prior
to the hearing on the petition for withdrawal, the ex officio secretary of the
regional board of school trustees shall submit to the regional board of school
trustees a written report of the educational and administrative conditions of
the districts involved relative to the provision of special education services.
3) The
regional board of school trustees shall hear evidence as to the special
education needs and conditions of the petitioning school district and of the
special education cooperative from which it wishes to withdraw and shall
determine whether it is in the best interest of the students with disabilities
in the petitioning district that the petition for withdrawal from the joint
agreement be granted.
4) The
regional board of school trustees shall enter an order granting or denying the
petition within 30 days after the hearing. Approval of the petition must be
by a two-thirds majority of the school trustees (Section 10-22.31(a) of the
Code). A certified copy of such an order shall be sent to the petitioning
district, the special education cooperative, the regional superintendent of
education in whose region the cooperative is located, and the State Board of
Education's Special Education Services Department at 100 North First Street, Springfield , Illinois 62777.
b) Upon
receipt of the petition for withdrawal from a special education joint agreement
in which more than one regional board of school trustees exercises oversight or
governance over any of the school districts participating in the agreement, a
joint hearing will be held on the petition.
1) The
petition for withdrawal shall be filed concurrently with each regional board of
school trustees exercising oversight or governance over any of the member
districts.
2) The
regional board of school trustees for the region where the administrative
office of the special education cooperative is located shall be responsible for
the coordination of all activities related to the joint hearing.
A) The
coordinating regional board of school trustees shall comply with all provisions
of subsection (a), and shall provide copies of all notices and reports required
under subsection (a) to the ex officio secretaries of each of the regional
boards of school trustees whose school districts are parties to the special
education joint agreement.
B) The
joint hearing shall be held in the region of the coordinating regional board of
school trustees.
3) Approval
of the petition must be by a two-thirds majority of all those school trustees
present and voting at the joint hearing (Section 10-22.31(a) of the School
Code).
c) A
member district wishing to withdraw from a joint agreement may obtain from its
school board a written resolution approving the withdrawal. The withdrawing
district must then present a written petition for withdrawal from the joint
agreement to other member districts.
1) Under
no circumstances may the petition be presented to the other member districts
less than 12 months from the date of the proposed withdrawal, unless the member
districts agree to waive this timeline.
2) Upon
approval by school board written resolution of all of the remaining member
districts, the petitioning member district shall notify the State Board of the
approved withdrawal in writing and must submit a comprehensive plan developed
under Section 10-22.31(g-5) of the Code for review by the State Board.
3) If
the petition for withdrawal is not approved, the petitioning member district
may appeal this decision to the trustees of schools of the township that has
jurisdiction and authority over the withdrawing district. If a withdrawing
district is not under the jurisdiction and authority of the trustees of schools
of a township, a hearing panel shall be established by the chief administrative
officer of the intermediate service center having jurisdiction over the
withdrawing district. (Section 10-22.31(g) of the Code)
A) The
hearing panel is subject to the requirements of Section 10-22.31(g) of the
Code.
B) Prior
to the hearing, the withdrawing district shall:
i) Provide
written notification to all parents or guardians of students with disabilities
residing within the district of its intent to withdraw from the special
education joint agreement.
ii) Hold
a public hearing to allow for members of the community, parents or guardians of
students with disabilities, or any other interested parties an opportunity to
review the plan for educating students after the withdrawal and to provide
feedback on the plan.
iii) Prepare
and provide a comprehensive plan outlined under Section 10-22.31(g-5) of the
Code.
4) The
trustees of schools of the township having jurisdiction and authority over the
withdrawing district or the hearing panel established under subsection (c)(3) shall
convene and hear testimony to determine if the withdrawing district has
presented sufficient evidence that the district, standing alone, will provide a
full continuum of services and support to all its students with disabilities in
the foreseeable future. If the petition for withdrawal is approved, then the
petitioning member district shall be withdrawn from the joint agreement
effective the following July 1 and shall notify the State Board in writing of
the approved withdrawal. (Section 10-22.31(g) of the Code)
d) In
instances in which one or more of the competent regional boards of school
trustees have been abolished, petitions for withdrawal shall be made to the
school boards of those member districts that would fall under the oversight or
governance of the abolished regional board of school trustees.
1) Upon
receipt of the petition for withdrawal, the remaining member districts shall
place the petition on their respective school board agenda for the next regularly
scheduled board meeting.
2) Each
member district shall afford the petitioning district the opportunity to
address the school board at the time the petition is considered by the board.
3) Each member
district shall act upon a resolution, either approving or denying the petition
for withdrawal. Approval of a petition shall be by a two-thirds majority of
those districts unless the joint agreement's articles of agreement provide
otherwise.
(Source: Amended at 45 Ill.
Reg. 3377, effective March 2, 2021)
SUBPART I: PERSONNEL
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.800 PERSONNEL REQUIRED TO BE QUALIFIED
Section 226.800 Personnel
Required to be Qualified
a) General
1) Each school district, or the special education cooperative of
which it is a member, shall employ sufficient professional personnel and
personnel not holding Illinois educator licensure to deliver and supervise the
full continuum of special education and related services needed by the eligible
students who reside in the district or districts served by the cooperative. The
number and types of personnel employed shall be based on students' need rather
than administrative convenience.
2) Each school district or special education cooperative shall
periodically submit to the State Board of Education, on forms supplied by the
State Board, the roster of the individuals who will be or are providing special
education or related services. The State Board may request any additional
documentation needed in order to verify that each individual holds the
qualifications that are required for the individual's assignments.
3) Each school district or special education cooperative shall
develop and implement a comprehensive personnel development program for all
personnel involved with the education of children with disabilities.
b) Professional
Instructional Personnel
Each
individual employed in a professional instructional capacity shall:
1) hold a valid professional educator license endorsed for the
grade range to be served and meet the qualifications required for the teaching
area pursuant to 23 Ill. Adm. Code 25.43; or
2) hold
a valid professional educator license endorsed in another teaching area and
approval issued by the State Board of Education specific to the area of
responsibility (see Section 226.810);
3) be
employed pursuant to an authorization for assignment issued to the employing
entity under Section 226.820; or
4) hold
short-term emergency approval or endorsement issued pursuant to 23 Ill.
Adm. Code 25.48.
c) An individual assigned as a career and technical coordinator
shall be required to hold an approval or endorsement for this position, which
shall be granted provided that the individual submits an application
demonstrating that the individual:
1) has two years' teaching experience;
2) holds a valid professional educator license endorsed in a
teaching field; and
3) has completed at least 16 semester hours of college
coursework, which shall at least include each of the areas identified in
subsections (c)(3)(A) through (D) and may include one or more of the areas
identified in subsections (c)(3)(E) through (H):
A) Survey
of the exceptional child;
B) Diagnosis of, and characteristics of the student with, all the
disabilities encompassed by the Learning Behavior Specialist I (LBS I)
credential;
C) Adaptations
or modifications of the general curriculum to meet the needs of students with
the disabilities encompassed by the LBS I credential;
D) Career and technical programming for students with
disabilities;
E) Methods appropriate for teaching children with all the
disabilities encompassed by the LBS I credential;
F) Guidance
and counseling;
G) Educational
and psychological diagnosis;
H) Career
and technical education.
d) An individual assigned as a teacher coordinator shall be
required to hold approval or endorsement for this position, which shall be
granted provided that the individual submits an application demonstrating that the
individual:
1) holds a valid professional educator license with an
endorsement for the disability area of assignment issued pursuant to 23 Ill.
Adm. Code 25.43;
2) has completed a course in career and technical programming for
students with disabilities; and
3) has at least one year's work experience outside the field of
education or has completed at least one course in either guidance and
counseling or career and technical education.
e) Qualified
Bilingual Specialists
Professional
staff otherwise qualified pursuant to this Section shall be considered
"qualified bilingual specialists" if they meet the applicable
requirements set forth in this subsection (e).
1) A holder of a valid professional educator license with an
endorsement in the area of responsibility issued pursuant to 23 Ill. Adm. Code
25.43 shall successfully complete a language examination in the non-English
language of instruction and shall have completed coursework covering:
A) Psychological/educational assessment of students with
disabilities who have limited English proficiency;
B) Theoretical foundations of bilingual education and English as a
second language, including the study of first and second language acquisition;
and
C) Methods and materials for teaching students of limited English
proficiency or students with disabilities who have limited English proficiency.
2) A holder of a valid professional educator license with an
early childhood, elementary, secondary, or special preschool-age 22 endorsement
who also holds special education approval in the area of responsibility (see
Section 226.810) shall successfully complete a language examination in the
non-English language of instruction and shall have completed the coursework
listed in subsections (e)(1)(A), (B), and (C).
3) A holder of a valid professional educator license endorsed in
a teaching field who also holds an endorsement to teach bilingual education or
English as a second language shall have completed coursework covering:
A) Methods for teaching in the special education area of
assignment;
B) Psychological/educational assessment of students with
disabilities who have limited English proficiency, or psychological diagnosis
for children with all types of disabilities; and
C) Characteristics of students, or characteristics of students
with limited English proficiency specifically, in the special education area of
assignment.
4) A holder of a valid educator license with stipulations
endorsed for transitional bilingual educator issued pursuant to 23 Ill. Adm.
Code 25.90 and endorsed for the language of assignment shall have completed two
years of successful teaching experience and have completed coursework covering:
A) Survey of children with all types of disabilities;
B) Assessment of the bilingual student, or
psychological/educational assessment of the student with disabilities who has
limited English proficiency;
C) Theoretical foundations of bilingual education and English as a
second language, including the study of first and second language acquisition;
D) Methods for teaching in the special education area of
assignment; and
E) Characteristics of students, or characteristics of students
with limited English proficiency specifically, in the special education area of
assignment.
5) A holder of a valid professional educator license with a
school support personnel endorsement for school counselor, school social
worker, school psychologist, or speech and language pathologist shall
successfully complete an examination in the non-English language and shall have
completed coursework in assessment of the bilingual student or
psychological/educational assessment of the student with disabilities who has
limited English proficiency.
f) Directors
and Assistant Directors of Special Education
Each school
district, or the special education cooperative of which it is a member, shall
employ a full-time director of special education, who shall be the chief
administrative officer of the special education programs and services of the
district or cooperative entity.
1) Each director or assistant director of special education shall
hold a valid professional educator license endorsed for director of special
education issued pursuant to 23 Ill. Adm. Code 25.365 and a master's degree,
including 30 semester hours of coursework distributed among all the areas
specified in 23 Ill. Adm. Code 25.365(b). Beginning July
1, 2005, directors and assistant directors of special education shall be
subject to the requirements of 23 Ill. Adm. Code 29.140 (Director of Special
Education).
2) Each school district or the special education cooperative of
which it is a member, shall submit to the State Board of Education a letter
identifying the individual employed as the director of special education by
full name and Illinois Educator Identification Number. If the individual is
qualified as required, the State Board shall confirm that the individual is the
State-approved director of special education for the school district or special
education cooperative.
g) Supervisors
1) Each school district or special education cooperative shall
employ sufficient supervisory personnel to provide consultation to and
coordination of special education services.
2) Each individual performing a supervisory function shall hold
one of the following:
A) a valid professional educator license with a special
preschool-age 22 or K-22 endorsement in the area to be supervised, and a
supervisory endorsement issued pursuant to 23 Ill. Adm. Code 25.497, with two
years' teaching experience in that area; or
B) a valid professional educator license with a school support
personnel endorsement, and a supervisory endorsement issued, with two years'
experience in the area to be supervised; or
C) a valid professional educator license with an administrative
endorsement issued under 23 Ill. Adm. Code 25.Subpart E and either a special
preschool-age 22 or K-22 endorsement for the area to be supervised.
h) Chief
Administrator of Special School
The chief
administrator of a special school shall hold a valid professional educator
license with a general administrative, principal or director of special
education endorsement issued pursuant to 23 Ill. Adm. Code 25.337 or 25.365 and
either:
1) an endorsement or approval that is specific to at least one of
the disabilities prevalent in the students served by the school, if the school
serves students who are deaf or hard of hearing, blind or visually impaired, or
speech- and language-impaired; or
2) an endorsement as a Learning Behavior Specialist I.
i) Other
Professional Personnel
Each
individual employed in a professional capacity not specified in subsections (a)
through (h) shall, as appropriate to the assignment, hold:
1) a valid professional educator license endorsed for school
support personnel appropriate to the area of responsibility (see 23 Ill. Adm.
Code 25, Subpart D); or
2) a valid professional license or permission to practice, if the
individual's profession is governed by such a requirement and either no
educational credential in the same or a related field is issued by the State
Board of Education (e.g., for a physical therapist) or the School Code permits
the individual to perform the functions assigned; or
3) a credential, regardless of title, issued by a professional
association or organization in the relevant field, when no educational
credential in the same or a related field is issued by the State Board of
Education and no license or permission to practice is required by the State
(e.g., for a music therapist or a daily living skills specialist). Evidence of
the individual's credential shall be kept on file by the school district or
special education cooperative and presented to the State Board of Education
upon request.
j) Personnel
Not Holding Educator Licensure
1) Each professional individual not holding educator licensure
issued under Article 21B of the Code employed in a special education class,
program, or service, and each individual providing assistance at a work site,
shall function under the general direction of a professional staff member.
2) Each program assistant or aide, whether providing
instructional or noninstructional services, as well as each nonemployee
providing any service in the context of special education, shall function under
the direct supervision of a professional staff member.
A) Nothing
in this subsection (j) authorizes individual student aides or others who do not
hold an appropriate professional license to perform any nursing activity, as
nursing activity may be defined in the Nurse Practice Act [225 ILCS 65] and
rules governing that Act (68 Ill. Adm. Code 1300), including any procedures and
duties requiring a medical order (e.g., tube feedings, catheterizations,
administration of medications, tracheal suctioning, tube insertions, blood
draws, dressing changes), except as may be otherwise authorized under State
law.
B) The
provisions of this subsection (j) do not apply to paraprofessional educators
licensed under Section 21B-20 of the Code nor to educational interpreters
approved pursuant to 23 Ill. Adm. Code 25.550 (Approval of Educational
Interpreters).
3) Each
school district shall provide training experiences appropriate to the nature of
their responsibilities to the individuals discussed in subsections (j)(1) and
(2). Training shall be in lieu of the requirements for personnel not holding
educator licensure set forth in 23 Ill. Adm. Code 1, Subpart F.
k) Qualified
Interpreters
1) A
qualified interpreter must:
A) Meet
all employment eligibility requirements of the school district.
B) Demonstrate
that they are competent to interpret into and out of the second language. An
interpreter may demonstrate this competence by either:
i) Submitting
documentation showing that they are certified or qualified through an
interpreter certification program, such as the Illinois state courts'
certification program, the federal courts' certification program, the National
Board of Certification for Medical Interpreters, the Certification Commission
for Healthcare Interpreters, or the Registry of Interpreters for the Deaf. Alternatively,
an interpreter may submit documentation showing that the interpreter has
completed a certification or qualification program that meets or exceeds the
minimum standards set forth in subsection (k)(1)(ii); or
ii) Completing
a certification program that includes:
• A
written and oral proficiency test and fluency in both English and the second
language, except that individuals who have a Professional Educator License with
a Bilingual Endorsement are exempt from this requirement for the endorsed
language;
• At least
nine hours of training on interpreting in and out of English, interpretation
standards of practice, sight translation, ethics, confidentiality, the role of
the interpreter and role boundaries, respect, impartiality, professionalism,
fundamentals of the effects of cultural differences on effective
interpretation, and advocacy for communication. This training must include
videos demonstrating proper and improper interpretation techniques; and
• A
successful demonstration of knowledge of interpretation standards and
techniques, and a successful completion of an oral examination to demonstrate
proficiency to interpret in and out of English and consecutive or simultaneous
interpreting.
C) Complete
at least six hours of training on special education terminology and protocol,
including successful completion of a written examination to demonstrate
knowledge of such terminology and protocol, except that teachers with bilingual
special education license endorsements, are exempt from this requirement.
D) Receive
training on the interpreter code of ethics adopted by ISBE, including
successful completion of a written examination.
E) After
completing the required training:
i) successfully
complete, with a score of 80% or higher, a written examination to demonstrate
knowledge of:
• special
education terminology and protocol;
• interpretation
standards and techniques; and
• interpretation
ethics; and
ii) successfully
complete an oral examination, with a score of 70% or higher, to demonstrate
proficiency in:
• interpreting
in and out of English, through consecutive or simultaneous interpreting; and
• sight
translation.
2) To
maintain the designation of "Qualified Interpreter", an individual
must, at least once every two years, participate in at least six hours of
ongoing professional development related to interpretation in the following
categories:
A) Confidentiality.
B) Accuracy.
C) Impartiality.
D) Interpreter
ethics and professionalism.
E) Cultural
awareness.
F) Special
Education processes.
G) Special
Education vocabulary.
H) Language
acquisition.
(Source: Amended at 47 Ill. Reg. 2244,
effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.810 EARLY CHILDHOOD SPECIAL EDUCATION
Section 226.810 Early Childhood Special Education
The State Board shall issue early childhood special
education approval or endorsement to an individual who holds a valid
professional educator license with an early childhood endorsement or an LBS I
endorsement, provided that the individual makes application for approval in a
format specified by the State Board demonstrating that he or she has
successfully completed coursework in all the following areas:
a) Methods
– Developmentally and individually appropriate methods for fostering the
social, emotional, cognitive, communication, adaptive, and motor development
and learning of young children with special needs in various settings, such as
the home, the school, and the community.
b) Assessment
– Strategies, procedures, and formal and informal instruments for assessing
young children's social, emotional, cognitive, communication, and motor skills;
family concerns, priorities, and resources; and school, home, and community
learning environments; and methods for conducting formative and summative
individual and program evaluation.
c) Language
Development – Typical and atypical language development in young children;
specific language disabilities; the relationship between communication delays
and other areas of early learning and development; and alternative
communication systems for young children with disabilities.
d) Family
and Community Relationships – Strategies in developing positive and supportive
relationships with families of young children with special needs, including the
legal and philosophical basis for family participation; family-centered
services; and strategies for working with socially, culturally, and
linguistically diverse families. Strategies and models for promoting effective
consultation and collaboration with other professionals and agencies within the
community.
(Source: Amended at 45 Ill.
Reg. 3377, effective March 2, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.820 AUTHORIZATION FOR ASSIGNMENT
Section 226.820 Authorization for Assignment
In the circumstances described in this Section, neither the
qualifications required by Section 226.800 nor special education approval under
Section 226.810 shall be required.
When a
district or cooperative entity, regional superintendent of schools, or
nonpublic special education facility approved pursuant to 23 Ill. Adm. Code 401
(Special Education Facilities Under Section 14-7.02 of the Code) demonstrates
to the State Board of Education that it is unable to secure the services of an
individual who holds the required credentials for a particular assignment, the
State Board may authorize the assignment of another individual in accordance
with 23 Ill. Adm. Code 25.48 (Short-Term Emergency Approval in Special
Education).
(Source: Amended at 47 Ill.
Reg. 2244, effective February 6, 2023)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.830 LIST OF INDEPENDENT EVALUATORS
Section 226.830 List of Independent Evaluators
a) The
State Board of Education shall develop a list of independent educational
evaluators who hold the credentials required for the performance of the various
evaluation components pursuant to Section 226.840 of this Part and meet the
requirements of Section 14-8.02(g-5) of the School Code.
b) No
person shall be included in the State Board's list unless the individual has
provided, in writing, to the State Board the following specific information for
each credential for which the Board's acknowledgment is sought:
1) name of
license, certificate, or other credential;
2) name of
credentialing agency or body;
3)
number of certificate, license, registration, or other credential;
4) date of issue; and
5) period of validity.
c) An
individual who wishes to be considered a qualified bilingual specialist shall
identify any languages other than English in which the individual is proficient
and identify the specific qualifications held that correspond to the relevant
requirements of Section 226.800(e).
d) Persons
wishing to be included on this list may submit the information about their
credentials required under subsection (b) to the State Board at any time. The
State Board shall update the list as changes may warrant and shall provide the
list to school districts.
(Source:
Amended at 49 Ill. Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.840 QUALIFICATIONS OF EVALUATORS
Section 226.840 Qualifications of Evaluators
The following list identifies the credentials required to
administer certain types of evaluations. Where no requirements are
established, an evaluation may be performed by an individual who is qualified
to administer it according to the technical specifications of the publisher.
|
TYPE
|
REQUIRED QUALIFICATIONS
|
|
Academic Performance
|
Professional educator license or approval issued under
Section 226.810 appropriate for the age or disability of the child, or professional
educator license with a school support personnel endorsement for school psychologist
or school counselor. (See Article 21B of the School Code and the State
Board's rules at 23 Ill. Adm. Code 1 and 23 Ill. Adm. Code 25.)
|
|
|
|
|
Adapted Physical Education
|
Professional educator license endorsed for physical
education with an approval or endorsement in adapted physical education (23 Ill.
Adm. Code 25.43).
|
|
|
|
|
Assistive Technology
|
To the extent that a test is used in performing this assessment,
qualification for administering the test according to the instructions
provided by the test's publisher.
|
|
|
|
|
Audiological
|
License to practice as an audiologist issued by the
Department of Financial and Professional Regulation pursuant to the Illinois
Speech-Language Pathology and Audiology Practice Act [225 ILCS 110].
|
|
|
|
|
Clinical Psychological
|
License issued pursuant to the Clinical Psychologist
Licensing Act [225 ILCS 15].
|
|
|
|
|
Cultural Background Assessment
|
Professional educator license with a school support
personnel endorsement for school psychologist, school social worker, or
school counselor.
|
|
|
|
|
Hearing Screening
|
License to practice as an audiologist issued by the
Department of Financial and Professional Regulation pursuant to the Illinois
Speech-Language Pathology and Audiology Practice Act [225 ILCS 110]; professional
educator license with a school support personnel endorsement for speech and
language pathologist or special preschool-age 22 endorsement for speech and
language pathologist (23 Ill. Adm. Code 25.43 or 25.252); or certificate of
training issued by the Department of Public Health (77 Ill. Adm. Code 675).
|
|
|
|
|
Learning Processes Evaluation
|
Professional educator license with a school support personnel
endorsement for school psychologist or LBS I endorsement.
|
|
|
|
|
Medical Review
|
Meet the requirements set forth in Section 226.160, as
applicable.
|
|
|
|
|
Neurological Evaluation
|
Licensure/registration issued by the Department of Financial
and Professional Regulation pursuant to the Medical Practice Act of 1987 [225
ILCS 60].
|
|
|
|
|
Occupational Therapy Evaluation
|
Certificate/Registration issued by the Department of Financial
and Professional Regulation pursuant to the Illinois Occupational Therapy
Practice Act [225 ILCS 75].
|
|
|
|
|
Orientation/Mobility
|
Certification for orientation/mobility instruction and
evaluation (Certified Orientation and Mobility Specialist, Academy for Certification
of Vision Rehabilitation and Education Professionals, 4732 North Oracle Road,
Suite 217, Tucson AZ 85705, or predecessor credential issued by the
Association for Education and Rehabilitation of the Blind and Visually
Impaired, 1703 North Beauregard Street, Suite 440, Alexandria VA 22311).
|
|
|
|
|
Physical Therapy Evaluation
|
Certificate/registration issued by the Department of Financial
and Professional Regulation pursuant to the Illinois Physical Therapy Act
[225 ILCS 90].
|
|
|
|
|
Psychiatric Evaluation
|
Licensure/registration issued by the Department of Financial
and Professional Regulation pursuant to the Medical Practice Act of 1987.
|
|
|
|
|
School Psychological
|
Professional educator license with a school support
personnel endorsement for school psychologist.
|
|
|
|
|
Social Developmental Study (Adaptive Behavior, Cultural
Background, Family History)
|
Professional educator license with a school support
personnel endorsement for social worker, school counselor, or school psychologist
(23 Ill. Adm. Code 25.215, 25.225, or, as applicable, 25.230 or 25.235).
|
|
|
|
|
Speech and Language Assessment
|
Professional educator license with a speech and language pathologist
endorsement (23 Ill. Adm. Code 25.252).
|
|
|
|
|
Vision Screening
|
Certificate of training issued by the Department of Public
Health (77 Ill. Adm. Code 675).
|
(Source: Amended at 46 Ill.
Reg. 6453, effective April 11, 2022)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.850 LIST OF QUALIFIED WORKERS
Section 226.850 List of Qualified Workers
All requirements necessary for proper certification,
educator or professional licensure, or approval in these work assignments are
found in this Subpart I, unless otherwise noted.
|
WORK ASSIGNMENT
|
REQUIRED
QUALIFICATIONS
|
|
Adapted Physical Education
|
A valid Illinois professional educator license endorsed
for physical education and an adapted physical education approval or
endorsement encompassing the grade levels and age ranges of the students
served.
|
|
Administrator of a Special School
|
Must meet the requirements of Section 226.800(h).
|
|
Art Therapist
|
Registration from American Art Therapy Association or a
master's degree in art therapy awarded by a regionally accredited institution
of higher education.
|
|
Assistant Director
|
A valid professional educator license with a director of
special education endorsement issued pursuant to 23 Ill. Adm. Code 25.365 and
23 Ill. Adm. Code 1.705 and meets the requirements of Section 226.800(f) of
this Part.
|
|
Audiologist
|
Licensed to practice as an audiologist by the Department
of Financial and Professional Regulation pursuant to the Illinois Speech-Language
Pathology and Audiology Practice Act [225 ILCS 110] or Certificate of
Clinical Competence in Audiology from the American Speech-Language-Hearing
Association.
|
|
Behavior Analyst
|
Board Certified Behavior Analyst (BCBA) as evidenced by a
current valid certificate awarded by the Behavior Analyst Certification
Board, Inc.
|
|
Career and Technical Coordinator
|
Meets the requirements set forth in Section 226.800(c) of
this Part and 23 Ill. Adm. Code 1.737(d).
|
|
Career and Technical
Transition Specialist
|
Must hold a contract with the Illinois Department of Human
Service-Division of Rehabilitation Services, under the Secondary Transition
Experience Program (STEP).
|
|
Daily Living Skills Specialist
|
Certificate from the Academy for Certification of Vision
Rehabilitation and Education Professionals or its predecessor organization.
|
|
Early Childhood Special Education Teacher
|
A valid Illinois professional educator license with an early
childhood endorsement and either with an early childhood special education
endorsement or early childhood special education approval or with a valid
Illinois professional educator license with an LBS I endorsement and early
childhood special education approval.
|
|
Deaf and Hard of Hearing Teacher
|
A valid Illinois professional educator license endorsed
for teacher of students who are deaf or hard of hearing pursuant to 23 Ill.
Adm. Code 25.43.
|
|
Home/Hospital Instructor (see Section 226.300 of
this Part)
|
A valid Illinois professional educator license either with
an LBS I endorsement or approval, professional educator license endorsed in
the area of speech and language pathologist, blind or visually impaired, or
deaf or hard of hearing.
|
|
Infant/Toddler/Family Specialist
|
For federally funded programs serving infants and
toddlers, birth through two years of age: Completion of a degree program
with evidence of specific training in child development and family
development specific for children ages birth to five years.
|
|
Inservice Coordinator
|
A valid Illinois professional educator license with an LBS
I endorsement or a valid Illinois professional educator license endorsed for
school support personnel (see 23 Ill. Adm. Code 25.Subpart D).
|
|
Learning and Behavior Specialist I (LBS I)
|
Meets the requirements of 23 Ill. Adm. Code 25.43
appropriate to the area of responsibility or holds a valid Illinois
professional educator license with an LBS I endorsement or approval
encompassing the grade levels and age ranges of the students served.
|
|
Medical Services Personnel (Diagnostics and Evaluation)
|
Registration with the Illinois Department of Financial and
Professional Regulation.
|
|
Music Therapist
|
Registration from the National Music Therapy Registry,
certification from the Certification Board for Music Therapists, or master's
degree in music therapy from a regionally accredited institution of higher
education.
|
|
Occupational Therapist
|
Licensed by the Illinois Department of Financial and
Professional Regulation pursuant to the Illinois Occupational Therapy
Practice Act [225 ILCS 75].
|
|
Orientation and Mobility Specialist
|
Certificate from the Academy for Certification of Vision
Rehabilitation and Education Professionals or its predecessor organization or
the Association for the Education and Rehabilitation of the Blind and
Visually Impaired.
|
|
Physical Therapist
|
Licensed by the Illinois Department of Financial and
Professional Regulation pursuant to the Illinois Physical Therapy Act [225 ILCS
90].
|
|
Recreational Therapist
|
Licensed by the National Council for Therapeutic
Recreation or its predecessor organization.
|
|
Rehabilitation Counselor
|
Certificate from the Commission on Rehabilitation
Counselor Certification (CRCC) or a master's degree in rehabilitation
counseling awarded by a regionally accredited institution of higher
education.
|
|
School Counselor/
Guidance Counselor
|
A valid Illinois professional educator license endorsed
for school support personnel for school counselor issued under 23 Ill. Adm.
Code 25.225.
|
|
School Nurse
|
Meets the requirements of Section 10-22.23 of the School
Code and 23 Ill. Adm. Code 25.245.
|
|
School Nurse (Grandfathered)
|
Employed as a registered school nurse prior to July 1,
1976 and continuing in the same position with the same district or joint
agreement.
|
|
School Psychologist
|
Meets the requirements of Section 14-1.09 of the School
Code and 23 Ill. Adm. Code 25.230 or 25.235, as applicable.
|
|
School Social Worker
|
Meets the requirements of Section 14-1.09a of the School
Code, and 23 Ill. Adm. Code 25.215, as applicable.
|
|
Speech-Language Pathologist
|
Meets the requirements of Section 14-1.09b of the School
Code and 23 Ill. Adm. Code 25.252, as applicable, for speech and language
pathologist.
|
|
State-Approved Director of Special Education (serving in a
full-time capacity)
|
Meets the requirements of 23 Ill. Adm. Code 25.365 and
Section 226.800(f) of this Part.
|
|
Supervisor
|
Meets the requirements of Section 226.800(h) of this Part
and 23 Ill. Adm. Code 1.705(i), as applicable.
|
|
Teacher Coordinator
|
Meets the requirements of Section 226.800(d).
|
|
Visual Impairment Teacher
|
A valid Illinois professional educator license issued
pursuant to 23 Ill. Adm. Code 25.43 and endorsed for teacher of students who
are blind or visually impaired.
|
(Source: Amended at 49 Ill.
Reg. 6901, effective May 5, 2025)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226
SPECIAL EDUCATION
SECTION 226.860 LIST OF OTHER EMPLOYEES QUALIFYING FOR REIMBURSEMENT (REPEALED)
Section 226.860 List of Other Employees Qualifying for
Reimbursement (Repealed)
(Source: Repealed at 45 Ill.
Reg. 3377, effective March 2, 2021)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
