TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.10 DEFINITIONS
Section 108.10 Definitions
For the purposes of this Part,
the following terms are defined:
"Act." The Mental Health and Developmental
Disabilities Confidentiality Act [740 ILCS 110].
"Adapted physical education." A diversified
program of developmental activities, games, sports and rhythms, suited to the
interests, capacities, and limitations of recipients who may be unable to
safely or successfully engage in unrestricted participation in the activities
of a general physical education program.
"Adaptive behavior." Standards of personal
independence and social responsibility expected of the recipient's
age-appropriate and cultural group.
"Approval." A written notification issued by the
Illinois State Board of Education to an individual attesting that he or she has
met the requirements set forth at 23 Ill. Adm. Code 226 for one or more categories
of special education personnel.
"Certificate." A license issued pursuant to
Sections 21-1 et seq. of the School Code [105 ILCS 5/21-1] authorizing an
individual to be employed in an Illinois public school as a teacher, school
service personnel or an administrator.
"Clinical psychologist." A psychologist
registered with the Illinois Department of Professional Regulation who
either has a doctoral degree from a regionally accredited university, college,
or professional school, and has two years of supervised experience in health
services of which at least one year is post doctoral and one year is in an
organized health service program, or has a graduate degree in psychology from a
regionally accredited university or college, and has not less than six years of
experience as a psychologist with at least two years of supervised experience
in health services. (Section 1-103 of the Code)
"Code." The Mental Health and Developmental
Disabilities Code [405 ILCS 5].
"Consent." The recipient's parent(s) or guardian
has been informed of all necessary information including a description of the
activity for which consent is sought and the risks associated with allowing or
disallowing the activity. He or she understands and agrees, in writing, to carry
out the activity for which consent is sought; understands that the granting
of consent is voluntary on his or her part and may be revoked at any time; and
is informed of the consequences of withholding consent.
"Day." A calendar day unless otherwise specified.
"Department." The Department of Human Services.
"Developmental disability." Disability which is
attributable to mental retardation, cerebral palsy, epilepsy or autism, or to
any other condition which results in impairment similar to that caused by
mental retardation and which requires services similar to those required by
mentally retarded persons. Such disability must originate before the age of 18
years, be expected to continue indefinitely, and constitute a substantial
handicap. (Section 1-106 of the Code).
"Educational component of the individual treatment or
habilitation plan." A written statement for a recipient that provides at
least a statement of:
The recipient's present levels of educational performance,
annual goals and short-term instructional objectives;
Specific special education services;
The extent of participation in a regular education program;
The projected dates for initiation of services;
Anticipated duration of services;
Appropriate objective criteria and evaluation procedures;
A schedule for annual determination of short-term objectives;
and
A description of the intervention modalities.
This statement may be contained in the written treatment or
habilitation plan or may be referenced therein and maintained elsewhere for
ultimate inclusion in the clinical record.
"Endorsement." Refers to a statement on the face
of an administrative special, school service personnel, provisional vocations,
temporary provisional, vocational or general certificate limiting the holder to
the functions, special area or service area specified.
"Evaluation." Any one or more parts of a
diagnostic assessment or evaluation as delineated in Section 108.90.
"Hearing impaired." A hearing loss which ranges
from mild to profound, and prevents full awareness of environmental sounds and
spoken languages, limiting normal language acquisition and learning
achievement.
"Individual treatment or habilitation plan." A
written plan, which includes an educational component for special education,
prepared within a specified number of days after admission, consistent with the
recipient's diagnosis and needs pursuant to Section 3-209 (mentally ill) or
Section 4-309 of the Code. The plan must be reviewed and updated at least
every 30 days. A qualified professional shall be responsible for overseeing
the implementation of such plan.
"Instructional programs." Those activities which
provide the principal elements of the recipient's educational development at
any given time. These activities may include any or all of the following:
Evaluation of the nature of the recipient's educational
needs;
Amelioration of and compensation for visual, auditory,
physical, speech or other impairments;
Development of language concepts and communication skills;
Educational experiences which are adjusted in content,
emphasis, rate, or location; and
Modification of social skills or emotional adjustment in the
classroom setting.
For the purposes of this Part, an instructional program shall
be considered as one in which the recipient spends 50% or more of his or her
school day.
"Intervention modalities." The developmental,
corrective, and other supportive services discussed in Section 108.50 which are
required for a recipient according to his or her individual treatment or
habilitation plan. Many, but not all, of these services would be designated as
related services in the public school special education setting.
"Language use pattern." Verbal or nonverbal
language or combination of languages which the recipient uses to conceptualize
and communicate those conceptualizations.
"Mental impairment." Markedly delayed intellectual
development, adaptive behavior, and academic achievement. Such mental
impairment may be mild, moderate, severe, or profound.
"Multiple impairment." Two or more impairments,
severe in nature or total impact, which significantly affect a recipient's
ability to benefit from a standard educational program.
"Parent." The natural or adoptive parent, a
guardian, a person acting as a parent of a minor recipient. Guardian means the
plenary or limited guardian appointed by the court for a person over age 18 so
long as the limited guardian's duties encompass educational concerns. For
recipients over 18 years of age without court-appointed guardians, parents may
be informed or participate only with the consent of the adult recipient.
Parent also includes a person acting as a parent for educational purposes such
as a surrogate parent appointed by the Illinois State Board of Education.
"Parent counseling and training." Procedures used
in assisting parents in understanding the special needs of their child and
providing parents with information about child development.
"Physical or health impairment." A physical or
health disability, either temporary or permanent, ranging from mild to
profound, which adversely affects a recipient's educational performance and
requires adaptation of the physical plant or the use of supplementary aids and
services.
"Provisional certificate." Refers to a credential
valid for up to two years entitling the holder to teach at grades kindergarten-nine
– provisional elementary (type 30), six-12 – provisional high school (type 31),
or kindergarten-12 – provisional special (type 33), in compliance with Sections
21-1 et seq. of the School Code and based on the individual's meeting the
requirements for a regular certificate of the same type in another state.
"Psychological evaluation." An individual
evaluation of the child's functioning in cognitive, social, emotional and
academic achievement or aptitude areas using appropriately validated formal and
informal tests and evaluation material.
"Qualified professional." Those professional
personnel who meet either the certification or approval requirements described
in Sections 108.40(d), 108.40(g), 108.40(h), and 108.40(i), exclusive of
interns and aides.
"Recipient of services" or
"recipient." A person who has received or is receiving treatment or
habilitation (Section 1-123 of the Code).
"Re-evaluation." A series of diagnostic procedures
which are performed in accordance with Section 108.90 for the purpose of
determining a recipient's continued eligibility for special education
programming.
"Resource programs." Specialized educational
instructional services which are provided to the recipient for less than 50% of
his or her school day.
"School days." Those days on which school is
officially conducted during the regularly established school year in accordance
with Section 10-19 of the School Code [105 ILCS 5/10-19].
"School psychologist." An individual certified as
such by the State Board of Education in accordance with Section 21-25 of the
School Code [105 ILCS 5/21-25].
"Secretary." The Secretary of the Department of
Human Services or his or her designee.
"Social developmental study." A compilation and
analysis of information concerning those life experiences of the recipient,
both past and present, which pertain to the recipient's problems and/or to the
possible alleviation of those problems.
"Special education." Those instructional and
resource programs, unique materials, physical plant adjustments, and other
special educational facilities provided by the facility to meet the unique
needs of recipients, which modify, supplement, support, or are in the place of
the standard educational program of the public school. The term includes
speech pathology and vocational education.
"Specific learning disability." The recipient
exhibits a disorder in one or more of the basic psychological processes
involved in understanding or in using language, spoken or written, which may
manifest itself in an imperfect ability to listen, think, speak, read, write,
spell, or to do mathematical calculations. This term includes such conditions
as perceptual handicap, brain injury, minimal brain dysfunction, dyslexia, and
developmental aphasia. The term does not include recipients who have learning
problems which are primarily the result of visual, hearing, or motor
handicaps, of mental retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage. Such disorder may range
from mild to profound.
"Speech or language impairment." Deviations of
speech and language processes which are outside the range of acceptable
deviation within a given environment and which prevent full social or
educational development. Such impairment may range from mild to profound.
"Standard certificate." Refers to a credential
valid for four years issued pursuant to Article 21 of the School Code [105 ILCS
5/Art. 21], entitling the holder to teach at grades kindergarten-nine – standard
elementary (type 03), six-12 – standard high school (type 09), or kindergarten-12
– standard special (type 10) levels.
"Standard educational program." The educational
program similar to that offered by the local school district to its
non-handicapped students.
"Standard special certificate." Refers to a
credential (type 10) issued to individuals completing the requirements set
forth at 23 Ill. Adm. Code 25.40, 25.43 and 25.45, which is endorsed for one of
the following: educable mentally handicapped, learning disabilities, social,
emotional disorders, trainable mentally handicapped, blind and partially
seeing, deaf and hard of hearing, physically handicapped or speech and language
impaired.
"State-operated facility" or "facility."
A mental health and/or developmental center operated by the State of Illinois,
under the jurisdiction of the Department, which provides treatment or
habilitation services for recipients who are mentally ill or developmentally
disabled or who are a danger to themselves or others.
"Visual impairment." Vision is such that the
recipient cannot develop his or her educational potential without special
services and materials. Such impairment may range from mild to profound.
"Vocational education." Organized educational
programs which are directly related to the preparation of individuals for paid
or unpaid employment, or for additional preparation for a career requiring
other than a baccalaureate or higher degree.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
 | TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.20 EDUCATIONAL STANDARDS FOR DEPARTMENT FACILITIES
Section 108.20 Educational
standards for Department facilities
a) The Department shall be responsible for providing appropriate
and effective educational programs, at no cost to the recipient's parents, for
all exceptional persons aged 3 to 21 who are admitted, committed or transferred
into state-operated facilities in accordance with the Code.
b) Each facility shall provide a comprehensive program of special
education for recipients who are aged 3 to 21 years old. A comprehensive
program shall include:
1) Systematic procedures for identifying and evaluating the need
for special education and intervention modalities.
2) A continuum of program options which incorporate appropriate
instructional programs and resource programs.
3) Qualified personnel, who can provide:
A) Supervisory services;
B) Instructional programs;
C) Resource programs; and
D) Intervention modalities.
4) Appropriate and adequate facilities, equipment and materials.
5) Functional relationships with other public or private agencies
necessary to provide comprehensive programming and avoid duplicity of
services. For example, some not-for-profit organizations may loan a recipient
some needed adaptive equipment; others may provide services which are not
available to the Department.
6) Interaction with parents, and with other concerned persons,
which facilitates the educational development of recipients.
7) Procedures for internal evaluation of the special education
programs and services.
8) Continuous planning for program growth and development based
on internal and external evaluation.
c) Special education shall be established and conducted as an
identifiable component of the total treatment and habilitation effort.
d) The Department shall be responsible for ensuring that those
recipients who require special education services enjoy rights and privileges
equal to those of all other persons who are 3 to 21 years old.
1) No recipient between the ages of 3 and 21 may be permanently
excluded from the educational program, either by direct action by the facility,
by indication of the facility's inability to provide an educational program or
by an informal agreement between the parents and the facility to allow the
recipient not to participate in an educational program.
2) No recipient whose individual treatment or habilitation plan
includes special education instructional or resource programs shall be excluded
from that program.
3) Any absence from a prescribed educational program must arise
from medical limitation.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.30 THE ESTABLISHMENT AND ADMINISTRATION OF SPECIAL EDUCATION
Section 108.30 The
establishment and administration of special education
a) Each facility shall establish and maintain special education
instructional and resource programs and intervention modalities, which meet the
educational needs of recipients with the following exceptional characteristics,
if such recipients are admitted to the facility:
1) Deficits in intellectual development and mental capacity;
2) Adaptive behavior which restricts effective functioning;
3) Deficits in the essential learning processes of perception,
conceptualization, memory, attention, or motor control;
4) Auditory, visual, physical, or health impairment; or
5) Speech or language impairment.
b) Special education instructional and resource programs shall
range along a continuum based on the nature and degree of the intervention.
This continuum of program options shall include, but not be limited to:
1) Special instructional program
The recipient receives most of his or her basic educational
experiences through an instructional program in a special class, which is
largely self-contained, or in a special school.
2) Cooperative program
The recipient receives most of his or her educational
experience through either the standard or the special program of the public or
non-public school. However, this is supplemented through work experience
programs or facility programs.
c) Special education instructional and resource programs,
including diagnostic services, shall be available to recipients who are aged 3
to 21 years.
1) When a recipient becomes three years old, the recipient shall
be eligible for special education services.
2) A recipient who requires continued educational experience to
facilitate his or her integration into society shall be considered eligible for
such services to age 21 or upon successful completion of the secondary
program. The recipient who becomes 21 during the school year shall be allowed
to complete that year.
d) The physical plant used for special education programs and
services, i.e., size and location as well as the amount of equipment and
materials depend on the individual recipient's needs. For example, the size of
the room and furniture depends upon the physical size and ability of the
recipients located in the room. The equipment and materials depend on factors
such as the recipient's developmental ability level, safety features, and the recipients'
mobility needs. Such physical plant shall, as far as feasible, approximate
settings in public schools for similar students.
e) Methods by which information regarding a recipient is
collected, recorded, protected and maintained shall be in compliance with the
Code and the Act.
f) Within each facility, the facility director or designee shall,
in cooperation with special education personnel, facilitate the functioning of
special education instructional and resource programs as an integral part of
the facility program.
g) The specific responsibilities of special education personnel
in relation to special education instructional and resource programs shall be
delineated in writing and made known to all persons involved.
h) General supervision by the Illinois State Board of Education
of all special education programs shall be facilitated by the facility
director.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.40 SCHOOL SCHEDULE AND STAFF REQUIREMENTS
Section 108.40 School
schedule and staff requirements
a) Each facility shall operate its special education program five
days per week unless a regularly scheduled day falls on a legal holiday and
shall ensure recipient attendance throughout the period of admission as
specified in the educational component of the individual treatment or
habilitation plan.
b) Each facility shall develop a school calendar specifying the
days on which special education programs will operate; the calendar shall
specify a minimum of at least 185 days.
c) Each facility shall provide or assure for each recipient a
full program of five clock hours of group or individual instruction on days
specified as school days, except as delineated in Section 108.70.
d) In all facilities, all newly hired professional teachers and
administrators shall be properly certified in accordance with Section 14-9.01
and Article 21 of the School Code [105 ILCS 5/14-9.01 and Art. 21].
1) In all programs serving recipients who are mentally ill,
proper certification may be construed to mean personnel certified as regular
education personnel, where such are teamed with or regularly consult with
certified special educators as needed in accordance with the recipient's
individual treatment plan.
2) In all programs serving recipients who are developmentally
disabled, proper certification in the most nearly appropriate special education
areas shall be required.
3) All professional personnel, supervisors, and administrators
who were employed to provide special education services for persons who are
developmentally disabled at the facilities on or before July 1, 1983 shall be
exempt from the requirements of this Section until July 1, 1988.
e) Facilities may also employ non-teaching personnel or use
volunteer personnel for non-teaching duties not requiring instructional
judgment or evaluation of students. Facilities may use volunteer or
non-certified personnel to assist in the instruction of recipients under the
immediate supervision of an educator who holds an appropriate certification.
f) All teacher aides shall hold an approval form issued by the
Illinois State Teacher Certification Board. Approval is based on 30 semester
hours of college training or completion of an approved teacher aide program as
at 23 Ill. Adm. Code 25.Subpart G).
g) Psychologists shall be registered clinical psychologists or
certified school psychologists or be a clinical or school psychology intern
functioning under the general supervision of such a person. A clinical
psychology intern must be at the doctoral level in his or her training. A
school psychology intern must be in a master's degree program in school
psychology. All testing and reports must be reviewed by the supervising
clinical or certified school psychologist.
h) Social workers shall have graduated from a school of social
work which has been approved by the Council on Social Work Education and shall
possess the master in social work degree and a type 73 certificate issued in
accordance with 23 Ill. Adm. Code 226 or hold a bachelor's degree or function
as a social work intern under the general supervision of such a person.
i) Other professional providers of direct service, such as
medical services personnel, including nurses and physicians and physical
therapists, all of whom must be registered with the Illinois Department of
Professional Regulation in accordance with the Illinois Nursing Act of 1987
[225 ILCS 65], the Medical Practice Act of 1987 [225 ILCS 60] and the Illinois
Physical Therapy Act [225 ILCS 90]; occupational therapists who must hold
certification with the American Occupational Therapy Association (Illinois Occupational
Therapy Practice Act [225 ILCS 75]); and licensed audiologists and licensed
speech-language-pathologists and those who function under their supervision who
shall be available in numbers adequate to meet the needs of recipients as
specified in the educational component of their individual treatment or
habilitation plans (Illinois Speech-Language Pathology and Audiology Practice
Act [225 ILCS 110]).
j) General supervision of a recipient's individual treatment or
habilitation plan may be provided by a qualified professional or by a regularly
scheduled consultant who provides technical assistance, supervision and
consultation to each professional functioning under his or her direction and
supervision on a weekly basis. Additional consultation or supervision must be
provided if required by a recipient's individual treatment or habilitation
plan.
k) The principal determinants of the number of recipients served
in each instructional group shall be the age of the recipients, the nature and
severity of their exceptional characteristics, and the degree of intervention
necessary. Exceptions to the following instructional group size limitations
shall require the prior written approval of the Illinois State Board of
Education.
1) Early childhood instructional groups shall have a ratio of one
qualified teacher to five recipients in attendance at any one given time.
2) Instructional groups which primarily serve recipients whose
exceptional characteristics are either profound in degree or multiple in nature
shall have a maximum of five recipients to one qualified teacher at any one
given time.
3) Instructional groups which primarily serve recipients whose
principal exceptional characteristics are mild to severe mental impairments or
severe behavioral disorders shall have a ratio of one qualified teacher to
eight students at any one given time.
4) In the instructional programs above, no qualified teacher
shall have a total roster of more than two times the number of students allowed
per instructional group.
5) A facility may increase the instructional group size by a
maximum of five additional recipients when the class is provided with a
full-time non-certified assistant.
l) The age range of recipients within an instructional group
shall not exceed four years.
(Source: Amended at 15 Ill. Rev. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.50 INTERVENTION MODALITIES
Section 108.50 Intervention
modalities
a) Treatment and habilitation intervention modalities which shall
be provided by the facility are those activities required by the individual
treatment or habilitation plan. They are in addition to the individual
education plan and serve to facilitate the recipient's development. The
activities include evaluation, therapeutic or consultation services. The
intervention modalities to be provided are:
1) Speech and language services for all recipients with speech
and/or language impairments which interfere with their educational or social
development.
A) Speech and language services shall include, but not be limited
to:
i) Screening and diagnosis of recipients;
ii) Planning and developing the clinical program;
iii) Therapy for recipients with impairments of oral language
comprehension, production, or usage, including disorders of fluency, phonation,
resonance, articulation and oral language formation;
iv) Parent counseling;
v) Referrals and follow-up; and
vi) Consultative and resource services to other personnel.
B) The number of recipients served by a speech and language
clinician shall be based on the nature of the speech and language needs of the
individual recipients but in no case shall be greater than 60 per clinician.
2) Psychological services to and on behalf of recipients who
require psychological evaluation and assistance in their behavioral or
educational adjustment.
A) Psychological services shall include, but not be limited to:
i) Screening of recipients to identify recipients who should be
referred for individual study;
ii) Individual psychological examination and interpretation of
those findings and recommendations which will lead to meaningful educational
experiences for the recipient;
iii) Counseling and performing psychological remedial measures as
appropriate to the needs of recipients, individually or in groups;
iv) Participating in parent education and the development of
parent understanding; and
v) Consulting with teachers and other personnel in relation to
behavior management and learning problems, and consulting in program
development.
B) Psychological services shall be used to assist in the process
of developing an educational climate conducive to the optimum development of
all recipients. Emphasis shall be placed on prevention as well as
rehabilitation; on indirect as well as direct services.
3) Social work services to and on behalf of recipients whose
behavioral or educational development is restricted due to social or emotional
considerations, family circumstances, or problems of the environment.
A) Social work services shall include, but not be limited to:
i) Consultation service to personnel on behalf of recipients;
ii) Providing consultation and inservice training experiences to
facility personnel;
iii) Identification of recipients in need of services;
iv) Providing the social developmental study in a diagnostic
evaluation and participating in the identification of those recipients who
require social work intervention;
v) Direct services to recipients;
vi) Service to parents on behalf of recipients;
vii) Serving as a liaison between the home and the facility and
providing parental education;
viii) Counseling as appropriate in relation to the recipient's
problem;
ix) Utilization of community resources; and
x) Assisting in developing services which are needed but
unavailable.
B) Social work services shall be used to assist in the process of
developing an educational climate conducive to optimum development of all
recipients. Emphasis shall be placed on prevention as well as rehabilitation;
on indirect as well as direct services.
4) Special reader services, braillists, typists, and interpreters
shall be provided as required by the recipient's individual treatment or
habilitation plan.
5) Therapy services shall be provided for recipients as indicated
by the individual treatment or habilitation plan.
A) Physical and/or occupational therapy shall be provided for
recipients whose physical impairments require appropriate therapeutic attention
if the recipients are to receive full benefit from the program provided them.
Such therapy shall be provided to individual recipients in accordance with the
recommendation and prescription of a physician licensed to practice medicine in
all of its branches in accordance with the Medical Practice Act of 1987.
B) Other therapeutic services such as recreation shall be provided
as required in the individual treatment or habilitation plan to facilitate the
education and development of recipients.
6) Audiology services for all recipients with hearing impairments
that interfere with their education or social development. Audiology services
shall include, but not be limited to:
A) Administering diagnostic hearing tests to evaluate audiological
abilities;
B) Assessing the recipient's need for amplification;
C) Providing rehabilitative services for hearing disorders;
D) Instructing other health team personnel and family members in
methods of assisting the recipient in improving communication skills; and
E) Recording and reporting to the recipient's physician the
recipient's response to rehabilitative intervention.
7) Consultation services shall be provided as required by the
recipient's individual treatment or habilitation plan.
b) The facility shall provide other services including health,
medical, psychiatric, nursing and pharmacy services, or transportation,
arranged-for counseling services and parent counseling or training when the
multi-disciplinary conference determines that such services are necessary to
facilitate the treatment, habilitation or educational development of the
recipient.
c) Recipient-based objectives shall be determined for each
intervention modality.
d) Specific objectives shall be established for each recipient
who receives a particular intervention modality.
e) Intervention modalities delivered to or on behalf of the
recipient shall be sufficient to be therapeutically or educationally adequate,
as determined by evaluation of the recipient's needs.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.60 VOCATIONAL PROGRAM
Section 108.60 Vocational
program
a) A vocational program consisting of organized instructional
experiences, training, and resource programs shall be provided to recipients in
accordance with their needs and as determined by the educational component of
the individual treatment or habilitation plan.
b) Provision of a vocational program to individual recipients
shall be determined at the treatment or habilitation multi-disciplinary
conference, or at a subsequent conference convened for this specific purpose.
c) A vocational plan indicating specific vocational objectives,
the training required, service personnel required, and the length of the
proposed program shall be developed for each recipient determined to require a
vocational program. This plan shall be developed in cooperation with the
recipient and his or her parents, shall be adapted to the recipient's interests
and aptitudes, and shall be incorporated into the educational component of the
individual treatment or habilitation plan.
d) Community work experiences which are part of the recipient's
vocational plan shall occur during the school day, unless this is precluded by
the nature of the experience.
e) No recipient shall spend more than one-half of the established
school day participating in community work experiences or in local
rehabilitation facilities.
f) The recipient's primary special education teacher works with
the vocational instructor responsible for all community work experiences which
are provided by the facility as part of the vocational plan and for which the
recipient receives educational credit.
g) Vocational programs serving recipients shall be coordinated
with other vocational programs of the local school district, or other public,
private, and state agencies or organizations.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.70 MEDICALLY-LIMITED EDUCATIONAL PROGRAM
Section 108.70
Medically-limited educational program
a) The medically-limited educational program shall consist of
appropriate special education services in accordance with the individual
treatment or habilitation plan which are provided by the facility to a
recipient who is unable, due to either a mental or physical medical condition,
to participate in a full special education program.
b) The medically-limited educational program shall be provided to
any recipient who has a health, physical or psychiatric impairment which, in
the opinion of a physician, will cause an absence from his or her regularly
prescribed educational program for more than two consecutive weeks.
c) Medically-limited educational services shall begin as soon as
eligibility has been established and the recipient's physical and mental health
permit.
d) The amount of instructional service time provided shall be
determined in relation to each recipient's educational needs, as well as
physical and mental health.
1) A recipient who requires a medically-limited educational
program on a temporary basis shall be provided with instructional services
sufficient to enable the recipient to return to the regular program with a
minimum of difficulty. Instructional time shall not be less than five hours
per week, unless the physician orders a more restricted program.
2) A recipient who requires the medically-limited educational
program for an extended time shall be provided with instructional services
sufficient to appropriately advance his or her basic educational development,
as determined by the multi-disciplinary team every 30 days.
e) The facility shall not use the medically-limited educational
program to avoid responsibilities to maintain a more normalized program nor to
eliminate recipients from any educational program.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.80 REFERRALS TO OTHER SPECIAL EDUCATION FACILITIES FROM STATE-OPERATED FACILITY PROGRAMS
Section 108.80 Referrals to
other special education facilities from state-operated facility programs
a) If a treatment or habilitation conference determines that a
recipient would benefit significantly from sustained interaction with
non-handicapped peers, the facility may recommend educational placement in a
public school or non-public special education facility in cooperation with the
public school. Placement shall be recommended unless the recipient poses a
physical threat to him (her) self or his or her non-handicapped peers. If, for
any reason, the recommended placement cannot be immediately implemented, the
facility shall provide as appropriate a placement as possible consistent with
Section 108.90. Such placement shall be detailed in the recipient's clinical
record.
b) The availability of community resources including non-public
programs in no way relieves the facility of its responsibility to assure a
comprehensive program of special education nor its responsibility to the
individual recipient.
c) When a treatment or habilitation conference determines that a
recipient cannot be provided with an appropriate education by the facility, the
multi-disciplinary team shall meet with the recipient's parents,
representative(s) of the school district of parental residency and the
potential provider public school or non-public special education facility, to develop
an individualized program in accordance with this Part prior to placement. If
any of the representatives cannot attend, the facility shall use other methods
to insure participation and document such efforts in the recipient's clinical
record.
d) The facility shall be responsible for locating an appropriate
public school or non-public special education facility and for facilitating the
referral to that program. An appropriate program is one which will provide the
recipient with special education experiences, in accordance with the
recipient's individual treatment or habilitation plan.
e) Any recipient determined eligible under subsection (a) of this
Section for placement in a public school or non-public special education
facility shall, with the consent of the parent and the local school district,
be enrolled by the facility in the local school district where that facility is
located. If the local school district does not consent, the Department will
provide the educational component of the individual treatment or habilitation
plan.
f) The facility shall maintain a record of supportive data on
each recipient placed in a public school or non-public special education
facility. This data will include:
1) A summary of the recipient's diagnostic profile on which
placement is based;
2) A description of the program as required by the educational
component of the recipient's individual treatment or habilitation plan;
3) An explanation of why the recipient's needs cannot be met by
the facility;
4) A description of the special education program offered by the
provider school;
5) Conference report and periodic progress reports submitted by
the provider school to the facility; and
6) An annual reassessment of the need for continued placement in
a provider school.
g) The facility shall be expected to follow the progress of those
recipients placed in a public school or non-public special education facility.
h) Facility personnel shall communicate, with the consent of the
parent, no less than every 30 days with the provider school personnel to
evaluate the recipient's progress and appropriateness of placement.
i) Staff of the provider program shall direct communications
regarding the recipient's educational program to facility staff with the
parent's consent.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.90 IDENTIFICATION, EVALUATION AND EDUCATION OF RECIPIENTS
Section 108.90
Identification, evaluation and education of recipients
a) Each facility shall develop and implement procedures for
creating public awareness of the facility's programs and for advising the
public of the rights of recipients.
1) All such procedures shall assure that information regarding
programs and the rights of recipients is made available in the community in
phrases which will be understandable to parents, regardless of ethnic or
cultural background or hearing or visual abilities.
2) Procedures developed by the facility to create public
awareness of programs, and for advising the public of the rights of recipients
shall include, but not be limited to:
A) Annual notification to all parents of recipients regarding the
special education programs and services available in or through the facility
and of their right to receive, on request, a copy of this Part.
B) An annual dissemination of information to the community served
by the facility regarding the program and services available in or through the
facility and the rights of recipients.
b) After admission, the multi-disciplinary team shall perform the
educational diagnosis and evaluation in accordance with subsections (e) and (g)
of this Section so that the educational component of the individual treatment
or habilitation plan can be developed in accordance with the time frames in the
definition of the individual treatment or habilitation plan in Section 108.10.
The educational component shall be developed in accordance with subsection (n).
c) Parents of the recipient must be notified, in writing, when the
facility proposes to initiate or change the educational identification,
evaluation or placement of a recipient.
1) The notice shall be:
A) Written in language understandable to the general public, and
B) Written in the native language of the parent or provided in
another mode of communication used by the parent, unless it is clearly not
feasible to do so, such as when the parents' native language is not a written
language or is one in which the dialect is not commonly known to an interpreter
of that language.
C) If the language or other mode of communication of the parent is
not a written language, the facility shall insure that the notice is translated
orally or by other means to the parent in his or her native language or other
mode of communication; that the parent understands the content of the notice,
and that there is written evidence on file that these requirements have been
met.
2) The notice shall contain:
A) A full explanation of all the procedural safeguards regarding
education available to parents, including the availability, on request, of a
list of free or low cost legal and other relevant services available locally to
assist parents in initiating an impartial due process hearing regarding
educational issues.
B) A description of the educational action proposed or refused by
the facility, an explanation of why that facility proposed or refused to take
the action, and a description of any options that the facility considered and
the reasons why those options were rejected.
C) A description of each educational evaluation procedure, test,
record, or report that the facility used as a basis for the proposal or
refusal.
D) A description of any other factors which are relevant to that
facility's proposal or refusal, and
E) Inclusion of parental consent for evaluation and placement into
a program.
d) When a recipient is given an evaluation, the facility shall be
responsible for determining the recipient's language and cultural background.
1) Determination shall be made by determining the language(s)
spoken in the recipient's home and the language(s) used most comfortably and
frequently by the recipient.
2) Determination of the recipient's mode of communication shall
be made by assessing the extent to which the recipient uses expressive language
and the use he or she makes of other modes of communication (e.g., gestures,
signing, unstructured sounds) as a substitute for expressive language.
3) The recipient's language use pattern, proficiency in English,
mode of communication and cultural background shall be noted in the recipient's
individual treatment or habilitation plan.
e) The recipient shall be given an educational evaluation.
1) For the recipient who requires temporary hospitalization
estimated to last 90 days or less, a respite services evaluation shall be
conducted, and an individual habilitation plan developed. This evaluation
shall include, but not be limited to:
A) Evaluation of the physical health impairment by a physician,
for diagnostic and evaluation purposes;
B) Estimation by the physician of the time the recipient will
require respite services; and
C) A review of the recipient's current educational status and
academic needs.
2) The individual education plan from the recipient's former
school becomes the working individual plan for the respite admission.
3) A comprehensive evaluation shall be conducted for all other
recipients. This evaluation shall include, but not be limited to:
A) An interview with the recipient;
B) Consultation with the recipient's parents;
C) A social developmental study, including an assessment of the
recipient's adaptive behavior and cultural background;
D) A report regarding the recipient's medical history and current
health status;
E) A vision and hearing screening, completed at the time of the
evaluation or within the previous six months;
F) A review of the recipient's academic history and current
educational functioning;
G) An educational evaluation of the recipient's learning processes
and level of educational achievement; and
H) A psychological evaluation.
4) If a psychologist has not provided the evaluation on which
admission was based, the recipient shall be evaluated by the psychologist as
part of the comprehensive evaluation.
A) The psychologist shall conduct direct personal observation of
the recipient and shall administer such tests as the individual's situation
requires; shall review the tests administered by school district personnel
and/or the results of recent externally administered evaluations, and analysis
of the learning environment and learning processes; and shall participate in
the multi-disciplinary conference and such other procedures as deemed
necessary.
B) An appropriate medical examination by a physician shall be
obtained for all recipients and the expense borne by the Department. Nothing
herein shall be construed to require any recipient to undergo any physical
examination or medical treatment whose parents object thereto on the grounds
that such examination or treatment conflicts with his or her religious beliefs,
pursuant to the provisions of Sections 2-102 (b), 2-107, 2-110 and 2-111 of the
Code.
5) Other specialized evaluations appropriate to the nature of the
recipients' problems shall be provided for all recipients. When specialized
evaluation procedures not usually provided by the facility are required to
provide a better understanding of the recipient's educational or
educationally-related problems, the facility recommending such evaluation procedures
shall be responsible for locating and using appropriate local and/or state
resources. Consideration shall be given to resources of other state agencies or
third party payers. The recipient may not be prohibited from receiving a
special education program or service because the recipient is financially or
otherwise unable to obtain specialized evaluation procedures.
6) If the parent disagrees with an educational evaluation
completed by the facility, the facility shall inform the parents of the opportunity
to obtain an independent evaluation at public expense.
A) In such cases, the facility may initiate an impartial due
process hearing prior to such independent evaluation to demonstrate that the
facility's evaluation is appropriate.
B) If the final decision is that the facility's evaluation is
appropriate, the parent shall have the right to an independent evaluation, but
not at public expense.
f) If all requirements for educational evaluation cannot be
fulfilled, due to lack of parental involvement, religious convictions of the
family, or the inability of the recipient to participate in an evaluation
procedure, the facility shall note the missing component(s) in the recipient's
individual treatment or habilitation plan.
g) Each educational evaluation shall be conducted so as to assure
that it is linguistically, culturally, racially, and sexually
non-discriminatory.
1) The language(s) used to evaluate a recipient shall be
consistent with the recipient's language pattern. If the language use pattern
involves two or more languages, the recipient shall be evaluated using each of
the languages used by the recipient.
2) Psychological evaluation of a recipient shall be performed by
a clinical or certified school psychologist who has demonstrated competencies
in, and knowledge of, the language and culture of the recipient. The facility,
having exhausted all other alternatives and not securing the services of a
clinical or certified school psychologist who has demonstrated competencies in,
and knowledge of, the language and culture of the recipient, the psychologist
regularly employed by the facility shall conduct assessment procedures which do
not depend on language, or use the services of an interpreter. Any educational
programming resulting from such alternative procedures shall be reviewed at
least every 30 days until the recipient acquires a predominately English
language use pattern which will assure that a psychological evaluation given by
a clinical or certified school psychologist will not be discriminatory.
3) Tests given to a recipient whose primary language is other
than English shall be relevant, to the maximum extent possible, to his or her
culture.
4) If the recipient's receptive and/or expressive communication skills
are impaired due to hearing and/or language deficits, the examiners shall use
instruments and procedures which do not stress spoken language and one of the
following:
A) Visual communication techniques in addition to auditory
techniques;
B) An interpreter to assist the evaluating personnel with testing.
5) Each facility shall insure that testing and evaluation
material and procedures used for educational evaluation be selected and
administered so as not to be racially or culturally discriminatory.
6) Each facility shall insure that:
A) Tests and other evaluation materials are provided and
administered in the recipient's native language or other mode of communication,
unless it is clearly not feasible to do so; have been validated for the specific
purpose for which they are used, and are administered by a clinical or
certified school psychologist in conformance with the instructions provided by
their producer.
B) Tests and other educational evaluation materials include those
tailored to assess specific areas of educational need and not merely those
which are designed to provide a single general intelligence quotient.
C) When tests are administered to a recipient with impaired
sensory, motor or communication skills, tests shall be selected and
administered to insure that the results accurately reflect the recipient's
aptitude or achievement level rather than reflecting the recipient's impaired
sensory, motor or communication skills except when those skills are the factors
which the test(s) purports to measure.
D) No single procedure is used as the sole criterion for
determining an appropriate educational program for a recipient.
E) The educational evaluation is made by a multi-disciplinary
team, including at least one teacher or other specialist with knowledge in the
area of the suspected disability.
F) The recipient is assessed in all areas related to the
suspected disability, including, when appropriate, health, vision, hearing,
social and emotional status, general intelligence, academic performances,
communicative status, and motor abilities.
h) In those instances in which a recipient has been evaluated by
a clinical or certified school psychologist outside the facility, that
evaluation shall be considered and may be used in determining educational
programming.
i) Upon completion of a respite service educational evaluation
and program, the recipient will resume his or her educational programming
consistent with the recipient's regular placement. A report regarding respite
recommendations and all recommendations upon which they were based shall be
placed in the recipient's education record and shared, with the sending agency
or school district, with appropriate consents, in accordance with the Act.
j) Upon completion of a comprehensive educational evaluation,
one or more conferences shall be convened for the purpose of formulating
educational program and service options, and developing the educational
component of the individual treatment or habilitation plan. This may be the
conference at which the individual treatment or habilitation plan as required
by Sections 3-209 and 4-309 of the Code is developed. If not, an additional
meeting is to be held to develop the educational component of the individual
treatment or habilitation plan.
1) Participants in the conference who formulate the educational
component shall include:
A) Representatives of the recipient's local district of residence
as determined by the local district;
B) The facility director, special education director, or unit
educator who is qualified, in accordance with Section 108.40(j), to provide or
supervise the provision of educational programming;
C) All those personnel involved in the educational evaluation of
the recipient;
D) The parent;
E) Other persons, such as the recipient's personal physician, a
counselor seen by the recipient, social worker or psychologist, having
significant information regarding the recipient;
F) Those persons who may become responsible for providing the
educational program or service to the recipient; and
G) The recipient, if mentally able to participate, and other
individuals at the discretion of the parent.
2) The purpose of the above conference shall be to:
A) Establish a composite understanding of the recipient's learning
characteristics, sensory and motor skills, and behaviors;
B) Determine appropriate educational programs and/or other
services;
C) Determine the recipient's unique educational needs and the
extent to which these needs can be met;
D) Determine the nature and degree of educational intervention
which is needed and recommend corresponding facility programming and/or
community placement which is appropriate and is as unrestrictive of interaction
with non-handicapped recipients as possible.
k) Recommendations made at the multi-disciplinary conference
shall be determined by a consensus of facility participants and the parent(s)
and the recipient, if mentally able.
l) Recommendations for educational programming shall be based on
the following:
1) The recipient shall be placed in the educational program which
is appropriate to the recipient's needs and least restrictive of interaction
with non-handicapped or less handicapped recipients.
2) The educational programming must be based on the recipient's
individual education plan, consistent with the findings obtained from the
comprehensive educational evaluation.
3) Consideration must be given to any potentially harmful effects
on the recipient, on the quality of services which the recipient needs, or that
which impedes the education of other recipients.
m) A written report of the results and recommendations of the
multi-disciplinary conference shall be prepared and entered into the recipient's
clinical record.
1) The conference report shall be dated and list the names of all
those in attendance.
2) The facility shall keep on file a copy of the conference
report, together with all documentation upon which it is based. The parents
shall be informed of their rights to access the report, pursuant to Section 4
of the Act.
n) If the initial multi-disciplinary conference was held only for
the purpose of formulating program and service options, an additional meeting
must be held for the purpose of developing the educational component of the
individual treatment of habilitation plan for the recipient. The meeting at
which a recipient's educational component is developed must be held within 60
days after the admission of the recipient.
1) Parents of a recipient must be notified of any meeting to
develop, review, or revise the educational component of a recipient's
individual treatment or habilitation plan. The facility must take steps to
insure that a recipient's parents are present at each meeting or are afforded
the opportunity to participate, including:
A) Notifying parents of the meeting early enough to insure that
they will have an opportunity to attend;
B) Scheduling the meeting at a mutually agreed on time and place;
and
C) Indicating in the notice the purpose, time, and location of the
meeting and who will be in attendance.
2) The following participants must be invited to the meeting to
develop, review or revise the educational component of the individual treatment
or habilitation plan:
A) A representative of the district of parental residence who is
qualified to provide or supervise the provision of special education (e.g., the
State-approved special education director or designee);
B) The recipient's teacher; and
C) One or both of the recipient's parents. If neither can attend,
the facility shall use other methods to insure parent participation, including
individual or conference telephone calls. A meeting may be conducted without a
parent in attendance if the facility is unable to convince the parents that
they should attend. In this case, the facility must have a record of its
attempts to arrange a mutually agreed on time such as detailed records of
telephone calls made or attempted and the results of those calls, copies of
correspondence sent to the parents and any response received, and detailed
records of visits made at the parent's home or place of employment and the
results of those visits.
D) The recipient if mentally able to participate; and
E) Other individuals at the discretion of the parent or facility.
3) Employee organization representatives may not attend without
parental and facility consent.
4) The facility shall insure that a member of the evaluation team
participates in the meeting or that some other person, who is knowledgeable
about the procedures used with the recipient and who is familiar with the
results of the evaluation, participates in the meeting, as well as an
interpreter for the hearing impaired, if necessary.
o) Special education placement shall be made within four days
after the recipient's educational component is developed in accordance with
subsection (n) of this Section.
p) In addition to initial meetings, the educational status and
continued special education placement of each recipient shall be reviewed at
least annually in a conference attended by those professional persons working
with the recipient, the parents, the recipient when mentally able to
participate, the special education director or designee from the district of
parental residence, who is a qualified professional, and other individuals at
the discretion of the parent.
q) Notification to parents regarding continuation, change,
re-evaluation, or termination of placement shall inform the parents of their
right to object and of the procedures to be followed to make such an objection.
r) At least 10 days prior to any major change in the educational
component of the recipient's individual treatment or habilitation plan,
including those stated herein, the parents shall be given written notification
of the proposed change, including the reasons for the change and a description
of the proposed program.
1) If the parents request an impartial due process hearing
regarding a proposed change in the educational placement of the recipient, the
facility shall not change the placement until the matter is resolved.
2) If the parents agree to the proposed placement, then a meeting
shall be held for the revision of the recipient's educational plan.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
SUBPART B: IMPARTIAL DUE PROCESS HEARING
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.100 REQUEST FOR HEARING
Section 108.100 Request for
hearing
a) After informal procedures have been exhausted, and there
remain differences between the facility and the parents or the recipient
regarding the educational component and intervention modalities aspect of the
individual treatment or habilitation plan, an impartial due process hearing may
be requested.
b) Differences over issues regarding services other than special
education and intervention modalities to the recipient are resolved according
to provisions of the Code.
c) A hearing may be requested by the parents, the recipient or
the facility regarding, but not limited to, the following:
1) Objections to signing consent for a proposed educational
diagnosis or evaluation or initial educational placement;
2) Failure of the facility, upon request of the parents or the
recipient, to provide an educational diagnosis or evaluation;
3) Failure of a facility to consider evaluations completed by a
qualified professional outside the facility;
4) Objection to a proposed individual education component, either
an initial plan, a continuation of a previous plan, or a major change in the
recipient's program;
5) Termination of an individual education plan;
6) Failure of the facility to provide an individual education
plan consistent with the findings of the educational diagnosis or evaluation
and the recommendation of the staff (24 day) conference;
7) Failure of the facility to provide or arrange for the least
restrictive special education placement appropriate to the recipient's needs;
8) Provision of special education instructional or resource
programs, in an amount insufficient to meet the recipient's needs;
9) An exclusion from educational services, except as provided by
medical order, totaling individually or in aggregate 10 or more school days in
a given school year of a recipient who has a special education instructional
program or resource plan;
10) An exclusion from educational services, except as provided by
medical order, totaling individually or in aggregate 10 or more school days in
a given school year of a recipient who is eligible for a special education
instructional program or resource service but who has not been placed in such a
program or provided such a service;
11) Reasonable belief by the parents or the recipient, that the
recipient's exclusion from educational services resulted from behavior or a
condition symptomatic of an exceptional characteristic as defined herein;
12) Recommendation for the graduation of a recipient;
13) Failure of the facility to comply with this Part;
14) Failure of the facility to arrange for or provide a recipient
with a free, appropriate public education.
d) The facility shall be responsible for informing the parents,
in writing, of their right to a hearing and of the procedures to follow to make
a request for such a hearing. The facility director shall assist the parents
in taking whatever action is necessary to use the hearing process. The facility
shall inform the parent of any free or low cost legal and other relevant
services available in the area if the parent requests the information or if the
parent facility initiates a hearing.
e) A request for a hearing shall be made, in writing, to the
facility director of the facility in which the recipient resides. Such a
request shall contain the reasons the hearing is being requested and all other
information pertinent to the request.
1) A request for a hearing may be made at any time significantly
different circumstances prevail. Otherwise a hearing may not be requested nor
an appeal made more than once each calendar year.
2) Such a request shall be made in writing within 10 days after
the parents' receipt of the written notification regarding the proposed
placement. If the parents have not made a request within the 10-day period,
the parents may request a hearing at a later date in accordance with the
provisions of subsection (a) of this Section.
f) Within 48 hours of the receipt of a request for a hearing, the
facility shall:
1) Send a certified letter to the Secretary, requesting the
appointment of an impartial hearing officer. This letter shall include:
A) The name, address, and telephone number of the recipient, and
of the parents and of the person(s) making the request for the hearing, if it
is someone other than the recipient or parents;
B) The date on which the facility received the request for the
hearing;
C) The nature of the controversy to be resolved;
D) The primary language spoken by the parents and the recipient.
2) Send to the person requesting the hearing, by certified mail,
a copy of the letter sent to the Secretary.
3) If the hearing has been requested by someone other than the
recipient's parents, the parents shall be informed of the request and invited
to participate in the proceedings. Thereafter, unless the parents indicate
that they do not wish to be informed and/or involved in the hearing process,
all communications from the facility, the hearing officer, and the Secretary,
and the Illinois State Board of Education shall be directed to both the person
requesting the hearing and the parents.
g) If the facility decides not to honor the request for a
hearing, the parents of the recipient shall be notified of this denial. Such
notification shall be made, in writing, within five days of the receipt of the
request and shall contain the reasons for the denial. A copy of the written
denial shall be sent to the Illinois State Board of Education.
1) If the facility fails to notify the parents of their right to
a hearing, as prescribed herein, or if the request for a hearing is denied
either directly or by failure to provide such a hearing, the parent may appeal
such a denial directly to the Secretary.
2) In the event of a direct appeal to the Secretary, the
Secretary shall order that a hearing be conducted at the local level, or order
the facility to perform such other measures as deemed necessary.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.110 HEARING OFFICERS
Section 108.110 Hearing
officers
a) Within five calendar days after receipt of the request from
the facility, the Secretary shall provide a list of five prospective trained
impartial hearing officers, one of whom shall be selected as the impartial
hearing officer to conduct the local hearing. Criteria for the hearing
officers are as follows:
1) Shall not be an employee of the Department, Illinois State
Board of Education, the facility, any local school district, joint agreement or
cooperative program with which the facility interacts, or any other agency or
organization that is or has been directly involved in the diagnosis, education
or care of the recipient.
2) Shall not be a resident of the school district in which the
parent is a recipient or in which the facility is located.
3) Shall not be involved in the decisions already made about a
recipient regarding identification, evaluation, or placement, and may not have
a personal or professional interest which would conflict with his or her
objectivity.
4) Shall possess knowledge, information acquired through training
under the auspices of the Illinois State Board of Education and the Department
about the nature and needs of the type of recipient. An awareness and
understanding of the types and quality of programs available for the type of
recipient is essential.
b) The Department shall pay expenses to the hearing officer for
his or her services at the local hearing.
c) Selection of one hearing officer from the list shall occur
within five calendar days after receipt of the list from the Secretary, and
shall occur as follows:
1) The parents shall first strike a name from the list.
2) The facility shall next strike a name from the list.
3) Both parties shall continue striking from the list until one
name remains; that person shall serve as the impartial hearing officer.
4) The facility shall notify the Secretary and the State
Superintendent of Education, within five days after receipt of the list, the
name of the person to be the impartial hearing officer.
5) This notification may be transmitted verbally to the
Secretary, provided that the verbal notification is confirmed in writing, with
verification by the facility and the parent, to the Secretary and the State
Superintendent of Education within five days.
6) Upon receipt of the notification, the Secretary shall appoint
the hearing officer selected by the facility and the parent(s) to convene the
hearing. If the selected hearing officer is unable or unwilling to accept the
appointment, the Secretary shall seek from the facility and parent a mutually
acceptable alternate. If the facility and parent are unable to agree to a
mutually acceptable alternate, the Secretary shall provide the facility and
parent with an additional list of five prospective hearing officers. The
facility and parent shall then repeat the selection process as detailed above.
7) The Illinois State Board of Education shall maintain a list of
those persons who serve as hearing officers, along with their qualifications.
From the list, the Secretary shall select a list of persons especially
qualified in mental disabilities and offer further training to make them
eligible to serve as Department educational hearing officers.
d) The hearing shall not be considered adversarial in nature, but
shall be directed toward bringing out all facts necessary for the hearing
officer to make a decision.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.120 CONDUCT OF THE HEARING
Section 108.120 Conduct of
the hearing
a) Within five days of his or her appointment, the hearing
officer shall set the time and place for the hearing.
1) The hearing shall be held at a time and place reasonably
convenient for both parties involved. However, it shall be scheduled not later
than 15 days after the appointment of the hearing officer, unless the hearing
officer permits an extension of time due to extenuating circumstances, not to
exceed 15 days, unless both parties agree.
2) If the facility and parent cannot agree to a reasonably convenient
time and place, the hearing officer shall make such a determination and proceed
to schedule the hearing.
3) The Department shall inform the parents, by mail, no later
than 10 days prior to the hearing, that:
A) Pursuant to Section 4 of the Act, they or their designated
representative shall have an opportunity to inspect all records regarding the
recipient and to obtain copies prior to the hearing, at their own expense.
B) They may request an independent evaluation of the recipient
prior to the hearing, at their own expense. The hearing officer may consider
this request an extenuating circumstance and thereby authorize an extension of
time for the hearing date, not to exceed 30 days, unless both parties agree.
C) They may require the attendance at the hearing of any facility
employee or any other person who may have information relevant to the
recipient's needs and abilities. They may request the attendance of any other
persons who may have such information. They must make all requests for
attendance to the hearing officer as soon as possible but no later than five
days prior to the scheduled date of the hearing. The hearing officer may issue
subpoenaes requiring the attendance of witnesses and, at the request of the
parent of facility, shall issue subpoenaes. The hearing officer may limit the
number of witnesses whose attendance is subpoenaed or requested by either party
to not more than 10. If a party refuses to answer a subpoena or refuses to
honor a request to attend, the hearing officer shall note such in the record
and contact the Illinois State Board of Education legal department. The hearing
may be postponed for a specified period of time, as designated by the hearing
officer in order to resolve questions of attendance.
D) They may bring representatives, including legal counsel, agency
representatives, or others, to the hearings at their own expense. These persons
shall be given an opportunity to participate in the hearing process according
to the procedures established by the impartial hearing officer. The facility
shall maintain on file a list of independent evaluation sites, legal and other
relevant services available in the area, and shall provide parents with the
above information, upon request.
E) The educational status of the recipient will not be changed,
pending the completion of the due process proceedings, unless the facility
director or designee decides that such change would be warranted due to
immediate physical danger to the recipient or other persons. In such case, the
facility shall be responsible for developing and implementing an appropriate
interim educational plan. Any change in placement shall not exceed 10 days. A
facility director must request a change in placement from the Secretary, in
writing.
F) Any party to the hearing has the right to prohibit the
introduction of any evidence which has not been disclosed to that party at
least five days prior to the hearing.
G) Either party may request that an interpreter be made available.
b) Parents involved in such a hearing have the right to have the
recipient who is the subject of the hearing present, and open the hearing to
the public if the parents wish.
c) The hearing officer shall conduct the hearing in a fair,
impartial, and orderly manner.
1) At all stages of the hearing, the hearing officer shall
require that the facility make available interpreters for persons who are
hearing impaired or for persons whose normally spoken language is other than
English. The facility shall assume any costs for interpretation services.
2) At all stages of the hearing, the hearing officer shall assure
that the parents are aware of and understand their rights and responsibilities
in regard to this process.
3) The hearing officer shall have the authority to require
additional information or evidence when he or she deems it necessary to make a
complete record. The hearing officer may recess the hearing for a specified
period in order to obtain the additional information necessary.
4) The hearing officer may order an independent evaluation at
facility expense.
d) At any hearing which has been requested regarding the
educational placement of a recipient, the hearing officer shall seek to
establish the issues, allow the introduction of evidence which is relevant to
those issues, and derive conclusions therefrom. These conclusions may include,
but are not limited to the following:
1) Whether the recipient has needs which require special
education intervention;
2) Whether the evaluation procedures used in determining the
recipient's needs have been appropriate in nature and degree;
3) Whether the recipient's diagnostic profile on which the
placement recommendation was based is substantially verified;
4) Whether the proposed educational placement is directly related
to the recipient's needs;
5) Whether the recipient's rights have been fully observed.
e) A hearing which has been requested regarding any other
controversy shall seek to establish the issues as perceived by the prospective
parties and the facts on which these issues depend. To that end, the hearing
officer may require from both parties to the hearing written statements of the
issues to be resolved, prior to the convening of the hearing. Each party is
entitled to a copy of the other party's statement at least five days prior to
the hearing.
f) The facility shall present evidence that the special education
needs of the recipient have been appropriately identified and that the special
education services proposed to meet the needs of the recipient are adequate,
appropriate and available.
g) The recipient's parents and the facility, or their respective
representatives, shall have a right to present testimony, cross-examine, and
confront all witnesses at the hearing.
h) The rules of evidence shall not apply to the hearing process.
i) The facility shall make a record of the hearing proceedings,
either by a court reporter or by a tape recorder. The parents have a right to
obtain a written or electronic verbatim record of the hearing and to obtain
written findings of fact and decisions. Additionally, the record of the
hearing shall be part of the recipient's education record, which is governed by
the Act. The facility shall bear the cost for such record.
j) Within 10 days after the conclusion of the hearing, the
hearing officer shall render his or her decision, by certified mail, to the
facility, the parents, and the State Superintendent of Education and the
Secretary.
1) The findings of fact and decision shall be in English and in
the language normally spoken by the parents if it is other than English.
2) The State Superintendent of Education shall distribute the
information in a non-personally identifiable form to the Advisory Counsel on
Education of Handicapped Children.
3) The hearing officer's decision shall be binding upon the
facility and the parent unless such decision is appealed, pursuant to Section
108.130.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.130 APPEAL PROCESS
Section 108.130 Appeal
process
a) Either party aggrieved by the decision of the impartial
hearing officer may appeal that decision to the State Superintendent of
Education. The request for appeal shall be submitted in writing to the State Superintendent
of Education and shall include a statement of the specific reasons upon which
the appeal is predicated. It shall be postmarked within 15 days after the
receipt of the hearing officer's decision. A copy of the request for an appeal
shall be sent also to the other party to the hearing and the Secretary. Upon
initiating a request for appeal, or upon receipt of notice of a parental
request for appeal, the facility shall immediately undertake the preparation
and compilation of transcripts and documents for submission to the
Superintendent of the Illinois State Board of Education for review.
1) If a tape recorder was used to record the hearing procedures,
then the facility shall make a verbatim typewritten transcript within 15 days
which shall be reviewed by the parents within 10 days after receipt of the
transcript. Inaccuracies shall be recorded and the transcript signed by the
parents and the facility director.
2) The typewritten transcript and tape recording of the hearing
shall be subject to the Act.
b) In all appeals pursuant to subsection (a) of this Section, the
facility shall send a completed appeal form provided by the Department and five
copies each of the typewritten transcript of the local hearing, of all
documents presented at the hearing and of the hearing officer's decision to the
State Superintendent of Education. If there are disputes concerning the
accuracy of the transcript of the tape recording, the facility shall also send
a statement of the inaccuracies and the original tape recording and copies of
all documents relevant to the case.
c) The facility shall provide a copy of the transcript, which is
being sent to the State Superintendent of Education, to the parents.
d) Pending the completion of the due process hearing, and any
appeal to the State Superintendent of Education, the facility shall postpone
any proposed change in the recipient's educational services, unless the
Secretary decides that the health and safety of the recipient or others would
be endangered. In such a case, the facility shall be responsible for
developing an appropriate interim educational plan. Any change in placement
shall not exceed 10 days. A facility director must request a change in
placement from the Secretary, in writing.
e) Upon receipt of a request for a State level review, the State
Superintendent of Education or designee shall designate a trained impartial
hearing panel of five members, composed of three qualified mental health
professionals or educational employees of the Department and two comparable
employees of the Illinois State Board of Education recommended by the State
Superintendent of Education. The State Superintendent of Education or designee
may issue subpoenas requiring the attendance of witnesses at the State level review.
f) The impartial review panel shall consider the appeal based
upon a study of the entire hearing record. It is at the discretion of the
reviewing panel whether to afford the parties an opportunity for additional
testimony. If additional testimony is allowed or additional evidence is to be
considered, a hearing shall be convened and all due process rights shall be
afforded the parties. Additional testimony is allowed or additional evidence
is considered if new information comes to the attention of either party, which
neither had at the time of the hearing, or to hear a claim from either party
that all the issues of disagreement were not resolved by the hearing officer at
the local level.
g) A report of the reviewing panel, including its recommendations,
shall be submitted to the State Superintendent of Education, who shall decide
the appeal within 30 days of receipt of the entire hearing record of the
appeal.
1) If a hearing is convened for the purpose of receiving
additional testimony or considering additional evidence, the 30 day deadline
for a final decision may be extended for a specific period of time, not
exceeding 30 days. The Superintendent may issue subpoenas requiring the
attendance of witnesses at the hearing.
2) The State Superintendent of Education may dismiss any appeal
he or she deems lacking in substance. The Superintendent shall dismiss an
appeal in which the parents refuse to cooperate or to provide additional
information requested.
h) Copies of the decision of the State Superintendent of
Education shall be sent by certified mail to the facility and to the parents.
The decision shall be written in English and in the language normally spoken by
the parents if it is other than English.
i) The decision of the State Superintendent of Education shall
be binding on all parties. Such decision shall not be contrary to the
statutory powers of the Secretary and shall not require expenditure of money
except as appropriated by the General Assembly.
j) The decision of the State Superintendent of Education shall
be immediately transmitted to the Secretary who shall be responsible for seeing
that the facility implements the decision of the State Superintendent.
k) Either party to the hearing aggrieved by the decision of the
State Superintendent of Education shall have the right to bring a civil action
with respect to the complaint, filed with the education agency which may be
brought in a State court of competent jurisdiction or in a district court of
the United States.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
SUBPART C: EVALUATION OF SPECIAL EDUCATION
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.140 DETERMINATION OF FULFILLMENT OF SPECIAL EDUCATION RESPONSIBILITIES
Section 108.140
Determination of fulfillment of special education responsibilities
a) The extent to which the facility is fulfilling its special
education responsibilities to recipients shall be determined by the Illinois
State Board of Education.
b) Official representatives of the Illinois State Board of
Education shall be authorized to examine all documentation which would
facilitate such determination. Examination of recipient records can be
conducted only pursuant to the provisions of the Act.
c) Evaluation by the Illinois State Board of Education shall
focus on the facility's provision of special education services, according to
this Part, 23 Ill. Adm. Code 226, P.L. 94-142 (the Education for the
Handicapped Act, 20 U.S.C.A. 1400 et seq., 1981), and on community resources
used by the facility for special education services.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.150 BASES FOR EVALUATION OF SPECIAL EDUCATION PROGRAMS AND SERVICES
Section 108.150 Bases for
evaluation of special education programs and services
a) The facility shall develop a special education services
comprehensive plan which shall describe its provision of special education
services, its plan for program involvement, and those factors unique to the
facility which are considered in the evaluation. This plan shall be filed with
the Illinois State Board of Education and revised at least tri-annually.
b) The facility shall develop and implement procedures which
continuously assess the extent to which recipients are being adequately served
and the effectiveness of each special education program and service.
c) A team representing the Illinois State Board of Education
shall assess recognition criteria for special education through an indepth
study conducted on site.
d) Records must be maintained to demonstrate compliance with
assurances agreed to in the applications for state and federal funds. Staff of
the State Board of Education will monitor these records.
(Source: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.160 WRITTEN REPORTS
Section 108.160 Written
reports
Written reports of the results
of the evaluation conducted by the Illinois State Board of Education and any
subsequent recommendations or actions shall be provided to the facility
director and the responsible Department associate director. Reports of the evaluation
shall be considered in the public domain.
(Section: Amended at 15 Ill. Reg. 6122, effective April 15, 1991)
SUBPART D: DEVELOPMENTAL DISABILITIES AIDE TRAINING PROGRAMS
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.200 APPLICATION REVIEW
Section 108.200 Application
review
a) A program sponsor, as defined in 77 Ill. Adm. Code 395.100,
shall submit to the Department of Public Health its application, including its
proposed training program, for initial approval and annual renewal in
accordance with 77 Ill. Adm. Code 395.110 and 77 Ill. Adm. Code 395.130.
b) When the proposed program involves developmental disabilities
aide training, the Department shall evaluate the new program and shall
re-evaluate such programs annually thereafter and make its recommendations to
the Department of Public Health and the program sponsor. The Department must
receive new proposed programs and annual program renewals 60 days in advance of
the training period. The Department shall complete its programs evaluations
within 30 working days after their receipt.
c) The Department shall also evaluate proposed program changes,
which it must receive 30 days in advance of program delivery. The Department
shall give its recommendations regarding program changes to the Department of
Public Health and the program sponsor 15 working days after their receipt.
(Source: Added at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.210 REVIEW CRITERIA
Section 108.210 Review
criteria
a) The Department shall evaluate developmental disabilities aide
training programs using a check list (see Section 108.Appendix A of this Part),
which contains the instructor qualifications and program requirements provided
in 77 Ill. Adm. Code 395.150(b), 77 Ill. Adm. Code 395.310 and 77 Ill. Adm.
Code 395.160(c). The Department shall recommend that the training program
either be approved, conditionally approved, or disapproved.
b) The Department shall recommend conditional approval when
revisions are needed to remedy any minor program deficiencies which would not
prevent the program from being implemented, such as deficiencies in the number
of course hours, which can be corrected by submitting a revised schedule or
outline. The program sponsor shall submit such revisions to the Department
within 10 days after the Department has given its recommendation. The
Department shall, within 30 working days after their receipt, recommend
approval providing the program complies with the Ill. Adm. Code provisions in subsection
(a) of this Section.
c) Hearings and appeals regarding the denial, suspension and
revocation of program approval shall be conducted by the Department of Public
Health in accordance with 77 Ill. Adm. Code 395.190.
(Source: Added at 15 Ill. Reg. 6122, effective April 15, 1991)
SUBPART E: MISCELLANEOUS PROVISIONS
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.300 PROVIDING STAFF CONSULTATION TO SCHOOL BOARDS
Section 108.300 Providing
staff consultation to school boards
In accordance with Section
10-22.6 of the School Code [105 ILCS 5/10-22.6], a school board may invite a
representative designated by the Department to consult with the board whenever
there is evidence that mental illness may be the cause of a student's expulsion
or suspension. Facility directors who receive such an invitation shall contact
the appropriate local community mental health agency in order to coordinate
arrangements for an agency representative to work with the school board on this
matter.
(Source: Added at 15 Ill. Reg. 6122, effective April 15, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 108
EDUCATION AND TRAINING
SECTION 108.APPENDIX A DEVELOPMENTAL AIDE TRAINING PROGRAM REVIEW CHECK LIST
Section 108.APPENDIX A Developmental
Aide Training Program Review Check List
|
DMHDD-1221i
|
Department of Mental Health
& Developmental Disabilities
|
|
Rev. 03/91
|
|
IL462-0337
|
DEVELOPMENTAL
DISABILITIES AIDE TRAINING PROGRAM REVIEW CHECK LIST
|
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Facility/agency name:
|
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Date:
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Address:
|
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Phone:
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Program sponsor:*
|
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Contact person:
|
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DPH ID:
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Reviewer:
|
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Review date:
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PROGRAM CLASSIFICATION
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Licensed ICFD
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Bed capacity
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Community college
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Certified ICFDD
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No. DD clients
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Area vocational college
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Other
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STATUS
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Initial approval
|
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Program change (must be
submitted 30 days prior to implementation)
|
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Annual renewal
|
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(must include:
|
(1)
|
Master program schedule as
outlined in 77 Ill. Adm. Code 395.110(c)(5);
|
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(2)
|
any clinical site
agreements as outlined in 77 Ill. Adm. Code 395.110(c)(7); and
|
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(3)
|
any other information
required in 77 Ill. Adm. Code 395.110(c) which
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has been changed since
initial approval or previous annual renewal.)
|
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Reviewer
|
AIDE TRAINING PROGRAM OVERVIEW
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Directions: Check reviewer
box whenever the program does NOT meet the stated criteria.
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TRAINING PROGRAM TITLE
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I.
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Program rationale (i.e.,
philosophy, purpose, sponsor, summary, cirriculum coordinator qualifications
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A.
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Philosophy
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B.
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Purpose
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C.
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Summary that identifies
sponsoring agency
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D.
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Qualification(s) of
curriculum coordinator (QMRP or at least two years' experience with DD &
DMHDD approved)
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E.
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Other (identify)
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COMMENTS:
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*If
the program sponsor is a private business or vocational school, a copy of the
sponsor's certificate of approval issued by the State Board of Education must
be included.
|
II.
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Instructor qualifications
shall meet one of the following (A-C):
|
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A.
|
Verification of successful
completion of a DMHDD-approved "train-the-
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trainer" workshop
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B.
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DMHDD approved QMRP trainer
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C.
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At least one year's
experience with DD programs & DMHDD approved
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D.
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Resume included
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COMMENTS:
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III.
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Program Delivery
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A.
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Location(s) identified
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B.
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Scheduled projected dates
given
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C.
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Evidence of agency
agreements, as appropriate
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COMMENTS:
|
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Reviewer
|
TRAINING PROGRAM OVERVIEW
|
|
Directions:
Check reviewer box whenever the program does NOT meet the stated criteria
|
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TRAINING
PROGRAM TITLE
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IV.
|
Program
Schedule
|
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A.
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Basic
content presented in a minimum time frame of three (3) weeks, but not to
exceed a maximum of 120 days. Educational institutions are exempt.
|
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B.
|
If an
educational institution, the term, semester or trimester courses submitted must include designated
hours for OJT and evidence of any agency agreements.
|
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COMMENTS:
|
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V.
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Academic
Classroom Component (80 hours)
|
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Outline
including:
|
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A.
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Program
and course title
|
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B.
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Behavioral
objectives learner is expected to know or do
|
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C.
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Content
outline
|
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D.
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Teaching
methods
|
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|
|
COMMENTS:
|
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VI.
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On-the-Job Training Component
(40 hours)
|
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|
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A.
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Has a completed itemization
of written training tasks (analogous to behavioral objectives)
|
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1.
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Tasks are identified and
written specifying training behaviors trainee is required to perform.
|
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2.
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Each task has the required
steps for successful completion.
|
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B.
|
Task-specified behaviors are
taught by a qualified instructor.
|
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|
COMMENTS:
|
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VII.
|
Program Content
|
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|
|
A.
|
Flows from stated objectives
(not mandated)
|
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B.
|
Reflects basic, current
knowledge in personal care and skills as related
|
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to the needs of
developmentally disabled persons (not mandated)
|
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C.
|
Curriculum review findings
(pages 3-4)
|
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|
|
D.
|
Explanation identifying:
|
|
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|
|
1.
|
Instructor(s) criteria for
pass/fail of trainers (not mandated)
|
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2.
|
Methodology
|
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E.
|
Audiovisual materials,
trainee and trainer texts are identified by title
|
|
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|
|
(not mandated)
|
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|
F.
|
Training plan received 60
days prior to being implemented
|
|
|
|
COMMENTS:
|
|
|
|
|
|
|
|
|
|
|
|
VIII.
|
Program Hours
|
|
|
|
A.
|
120 hours minimum
|
|
|
|
B.
|
Exceeds minimum 120 hours
with additional program content (not mandated)
|
|
|
|
C.
|
Ratio of one (1) hour of
on-the-job training (including supervised clinical
|
|
|
|
|
practice to two (2) hours of
(theory) classroom experience
|
|
|
|
COMMENTS:
|
|
|
|
|
|
|
|
|
|
|
|
IX.
|
Evaluation Tools
|
|
|
|
A.
|
Copy of evaluation tool(s)
included
|
|
|
|
B.
|
Copy of student evaluation
of instructor (not mandated)
|
|
|
|
C.
|
Has tools to evaluate:
|
|
|
|
1.
|
Program objectives
|
|
|
|
2.
|
Program content
|
|
|
|
3.
|
On-the-job performance
|
|
|
|
|
a.
|
Evaluation of tasks by
instructor's direct observation
|
|
|
|
|
b.
|
A recording form is used to
indicate the date of successful completion of all OJT tasks; will be filled
out and kept on file at the facility
|
|
|
|
4.
|
Instructors (student
evaluation of program instructor)
|
|
|
|
COMMENTS:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
DEVELOPMENTAL DISABILITIES
AIDE TRAINING CURRICULUM REVIEW
|
|
|
|
Directions: Designated
reviewer should
|
|
Program Deficiencies
|
Anticipated Time
|
|
a.
|
Check Program Deficiencies
whenever the program does not meet stated criteria
|
|
b.
|
As appropriate, indicate
sponsor's Anticipated Time (i.e., hours, minutes) by the general or specific
program title; you may also elect to use this space to identify if the time
is for CI (classroom instruction) or OJT (on-the-job training)
|
|
c.
|
As appropriate, state
instruction media used
|
|
|
PROGRAM TITLE
|
|
|
|
|
I.
|
Orientation
|
|
|
|
|
A.
|
Functions of long-term care
facilities for the developmentally
|
|
|
|
|
|
disabled
|
|
|
|
|
B.
|
The health care professions,
support services for the develop-
|
|
|
|
|
|
mentally disabled and
community social service agencies
|
|
|
|
|
C.
|
Philosophy of residential
care
|
|
|
|
|
D.
|
Role of the
interdisciplinary team
|
|
|
|
|
E.
|
Job duties and
responsibilities of the DD aide
|
|
|
|
|
COMMENTS:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
II.
|
Introduction of the
Residents
|
|
|
|
|
A.
|
Communication and
interpersonal relationships with residents,
|
|
|
|
|
|
families and others
|
|
|
|
|
B.
|
Psychosocial needs of
residents and their family
|
|
|
|
|
C.
|
The growth and development
process
|
|
|
|
|
D.
|
Characteristics and types of
developmental disabilities
|
|
|
|
|
E.
|
Resident's adjustment to
death and dying
|
|
|
|
|
COMMENTS:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
III.
|
Fundamentals of Habilitation
Planning
|
|
|
|
|
A.
|
Philosophy of achieving
independent living skills
|
|
|
|
|
B.
|
Introduction to the
individual habilitation plan including the role
of the employee in the
habilitation process
|
|
|
|
|
C.
|
Habilitation plan assessment
procedures and goal planning
|
|
|
|
|
D.
|
The role of the employee in
the admission, transfer and discharge processes
|
|
|
|
|
E.
|
The role of the employee in
basic resident care planning & procedures
|
|
|
|
|
COMMENTS:
|
|
|
|
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IV.
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Techniques of Habilitation
Planning and Implementation
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The role of the employee in
social habilitation include:
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A.
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Activities of daily living
(ADL);
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B.
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Therapeutic and leisure time
activities;
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C.
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Education;
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D.
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Community living adjustment;
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E.
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Behavior development;
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F.
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Behavior control;
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G.
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Effect of drugs in behavior
management;
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H.
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Total communication;
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I.
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Pre-vocational and
vocational training;
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J.
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Nutrition and fluid intake;
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K.
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Diets and therapeutic diets;
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COMMENTS:
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DEVELOPMENTAL DISABILITIES AIDE TRAINING CURRICULUM
REVIEW
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Program Deficiencies
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Anticipated Time
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PROGRAM TITLE
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V.
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Principals of Record Keeping
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A.
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History
and use of facility records with special emphasis on the role of the employee
in the record keeping process
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B.
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Content
and organization of resident records
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C.
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Recording
methods for progress notes, universal notes, ADC notes and habilitation news
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D.
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Writing
effective progress notes
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E.
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Confidentiality
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F.
|
Recording
admission, transfer and discharge information
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COMMENTS:
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VI.
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Safety
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A.
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Basic
fire safety
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B.
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Emergency
and disaster procedures
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C.
|
Injury
prevention techniques
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D.
|
Household
daily safety procedures including body mechanics
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COMMENTS:
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VII.
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Facility Environment
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A.
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Creating normalized
environment for daily activities
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B.
|
Importance of cleanliness of
the facility, use of equipment and supplies
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COMMENTS:
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VIII.
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Principles of Disease
Control
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A.
|
Introduction to
micro-organisms causing resident illness and disease
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B.
|
Teaching of disinfection and
sanitation
|
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COMMENTS:
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IX.
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Emergency Medical Procedures
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A.
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CPR
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B.
|
Seizures
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C.
|
Drug reactions
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D.
|
Traumas
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|
|
E.
|
Heimlich maneuver
|
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|
|
COMMENTS:
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X.
|
Resident Rights
|
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|
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A.
|
Basic civil, human and legal
rights of residents
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|
|
B.
|
Protection of residents
personal property
|
|
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|
|
COMMENTS:
|
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|
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XI.
|
Bodily Functions
|
|
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|
|
A.
|
Helping residents to
understand their bodily functions
|
|
|
|
|
B.
|
Personal hygiene
|
|
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|
|
C.
|
Human sexual behavior
|
|
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|
|
COMMENTS:
|
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|
|
DEVELOPMENTAL DISABILITIES AIDE TRAINING SUMMARY
SHEET
|
|
|
|
|
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|
|
Sponsor
|
|
Date
|
|
|
|
I.
|
Decision:
|
|
|
|
A.
|
Approved.
|
|
|
|
B.
|
Conditionally approved
(contingent on the receipt of additional materials,
|
|
|
or revisions needed to
remedy any minor deficiencies in the proposed
|
|
|
program). Additional
materials or revisions requested are as follows:
|
|
|
|
|
|
C.
|
Denied for the following
reasons:
|
|
|
|
|
II.
|
Additional comments or
recommendations:
|
|
|
|
|
|
|
Title
|
|
|
|
|
|
|
Signature
|
|
Date
|
|
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|
|
(Source: Added at 15 Ill. Reg. 6122, effective April 15, 1991)
AUTHORITY: Implementing and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104], Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5] and Section 14-8.01 of the School Code [105 ILCS 5/14-8.01]; Subpart D implementing Section 3-203 of the Nursing Home Care Act [210 ILCS 45/3-203]; Section 108.300 implementing Section 10-22.6 of the School Code [105 ILCS 5/10-22.6].
SOURCE: Adopted and codified at 7 Ill. Reg. 9559, effective August 3, 1983; amended at 15 Ill. Reg. 6122, effective April 15, 1991; recodified from the Department of Mental Health and Developmental Disabilities to the Department of Human Services at 21 Ill. Reg. 9321.
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