(105 ILCS 5/Art. 14 heading)
(105 ILCS 5/14-1.01) (from Ch. 122, par. 14-1.01)
Sec. 14-1.01.
Meaning of terms.
Unless the context indicates otherwise, the terms used in this Article
have the meanings ascribed to them in Sections 14-1.02 to 14-1.10, each
inclusive.
(Source: Laws 1965, p. 1948.)
(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)
Sec. 14-1.02. Children with disabilities.
"Children with disabilities" means children
between the ages of 3 and 21 for whom it is determined, through definitions
and procedures
described in the Illinois Rules and Regulations to Govern the Organization
and Administration of Special Education, that special education services
are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 21, inclusive, which, for purposes of this Article, means the day before the student's 22nd birthday, unless his or her 22nd birthday occurs during the school year, in which case he or she is eligible for such services through the end of the school year. An individualized education program must be written and agreed
upon by appropriate school personnel and parents or their representatives
for any child receiving special education.
(Source: P.A. 102-172, eff. 7-28-21.)
(105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)
Sec. 14-1.03a. Children with Specific Learning Disabilities.
"Children with Specific Learning Disabilities" means children between
the ages of 3 and 21 years who have a disorder in one or more of the basic
psychological processes involved in understanding or in using language,
spoken or written, which disorder may manifest itself in imperfect ability
to listen, think, speak, read, write, spell or do mathematical
calculations. Such disorders include such conditions as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and
developmental aphasia. Such term does not include children who have
learning problems which are primarily the result of visual, hearing or
motor disabilities, of an intellectual disability, emotional
disturbance or
environmental disadvantage.
(Source: P.A. 97-227, eff. 1-1-12.)
(105 ILCS 5/14-1.08) (from Ch. 122, par. 14-1.08)
Sec. 14-1.08.
Special educational facilities and services.
"Special
educational facilities and services" includes special schools, special
classes, special housing, including residential facilities, special
instruction, special reader service,
braillists and typists for children with visual
disabilities, sign language
interpreters, transportation, maintenance, instructional material,
therapy, professional consultant services, medical services only for
diagnostic and evaluation purposes provided by a physician licensed to
practice medicine in all its branches to determine a child's need for
special education and related services, psychological services, school
social worker services, special administrative services, salaries of all
required special personnel, and other special educational services,
including special equipment for use in the classroom, required by the
child because of his disability if such services or special equipment
are approved by the State Superintendent of Education
and the child is eligible
therefor under this Article and the regulations of the State Board of
Education.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)
Sec. 14-1.09. School psychologist. "School psychologist" means a
psychologist who meets the following qualifications:
School psychologists may make evaluations, recommendations or interventions
regarding the placement of children in educational programs or special
education classes. However, a school psychologist shall not provide such
services outside his or her employment to any student in the district or
districts which employ such school psychologist.
(Source: P.A. 100-750, eff. 8-10-18.)
(105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)
Sec. 14-1.09a. School social worker. "School social worker" means a
social worker who has graduated with a master's or higher degree in social
work from an accredited graduate school of social work and has such
additional qualifications as may be required by the State Board of
Education and who holds a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons
so licensed and endorsed may use the title "school social worker". A social worker may
offer school social work services as provided in this Code and other applicable laws and as set
forth in 23 Ill. Adm. Code 226, Special Education, promulgated by the State Board of Education, governing the provision of special education and related services to children with disabilities and requirements for the treatment of children with disabilities between the ages of 3 and 21.
School social workers may make evaluations, recommendations or
interventions regarding the placement of children in educational programs
or special education classes. However, a school social worker shall not
provide such services outside his or her employment to any student in the
district or districts which employ such school social worker.
(Source: P.A. 100-356, eff. 8-25-17.)
(105 ILCS 5/14-1.09b)
Sec. 14-1.09b. Speech-language pathologist.
(a) For purposes of supervision of a speech-language pathology assistant,
"speech-language pathologist" means a person who has received a license
pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act
to engage in the practice of speech-language pathology.
(b) A Professional Educator License with a school support personnel endorsement for speech-language pathologist
shall be issued under Section 21B-25 of this Code to a
speech-language pathologist who meets all of the following requirements:
The provisions of this subsection (b) do not preclude the issuance of an educator license to a speech-language pathologist who qualifies for such a license.
(c) Notwithstanding subsection (b), a Professional Educator License with a school support personnel endorsement for non-teaching speech-language pathologist shall be issued under Section 21B-25 to a speech-language pathologist who (i) holds a regular license as a speech-language pathologist pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act and (ii) holds a current Certificate of Clinical Competence in
speech-language pathology from the American Speech-Language-Hearing Association.
(Source: P.A. 101-94, eff. 1-1-20; 102-894, eff. 5-20-22.)
(105 ILCS 5/14-1.09c)
Sec. 14-1.09c.
Speech-language pathology assistant.
"Speech-language
pathology assistant" means a person who has received a license to assist
a speech-language pathologist pursuant to the Illinois Speech-Language
Pathology and Audiology Practice Act.
(Source: P.A. 92-510, eff. 6-1-02.)
(105 ILCS 5/14-1.09.1)
Sec. 14-1.09.1. School psychological services. In the public schools,
school psychological
services provided by qualified specialists who hold a Professional Educator License endorsed for school psychology issued by the
State Board of Education may
include, but are not limited to: (i) administration and interpretation of
psychological and
educational evaluations; (ii) developing school-based prevention programs,
including violence prevention programs; (iii) counseling
with students, parents, and teachers
on educational and mental health issues; (iv) acting as liaisons between public
schools and community agencies; (v) evaluating
program effectiveness; (vi) providing crisis intervention within the
school setting; (vii) helping teachers, parents, and others involved in the
educational process to provide optimum teaching and learning conditions for all
students; (viii) supervising school psychologist interns enrolled in school
psychology programs that meet the standards established by the State Board of
Education; and (ix) screening of school enrollments to identify children who
should be referred for individual study. Nothing in this Section prohibits
other qualified professionals from providing those services
listed for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-1.09.2)
Sec. 14-1.09.2. School Social Work Services. In the
public schools, social work services may be provided by qualified specialists
who hold a Professional Educator License with a school support personnel endorsement in the area of school social worker under Section 21B-25 of this Code.
School social work services may include, but are not limited to:
Nothing in this Section prohibits other licensed professionals from
providing any of the services listed in this Section for which
they are appropriately trained.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-1.09d)
Sec. 14-1.09d. Behavior analyst. "Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board.
(Source: P.A. 94-948, eff. 1-1-07.)
(105 ILCS 5/14-1.10) (from Ch. 122, par. 14-1.10)
Sec. 14-1.10. Qualified worker. "Qualified worker" means a trained specialist and includes a behavior analyst, certificated school nurse, professional consultant, registered therapist, school nurse intern, school counselor, school counselor intern, school psychologist, school psychologist intern, school social worker, school social worker intern, special administrator or supervisor giving full time to special education, speech language pathologist, speech language pathologist intern, and teacher of students with IEPs who meets the requirements of this Article, who has the required special training in the understandings, techniques, and special instructional strategies for children with disabilities and who delivers services to students with IEPs, and any other trained specialist set forth by the State Board of Education in rules.
(Source: P.A. 95-363, eff. 8-23-07; 96-257, eff. 8-11-09.)
(105 ILCS 5/14-1.11) (from Ch. 122, par. 14-1.11)
Sec. 14-1.11. Resident district; parent; legal guardian. The resident
district is the school district in which the parent or guardian, or both
parent and guardian, of the
student reside when:
In cases of divorced or separated parents, when only one parent has legal
guardianship or custody, the district in which the parent having legal
guardianship or custody resides
is the resident district. When both parents retain legal guardianship or
custody, the resident district is the district in which either parent who
provides the student's primary regular fixed night-time abode resides;
provided, that the election of resident district may be made only one time per
school year.
When the parent has legal guardianship and lives outside of the State of
Illinois, or when the individual legal guardian other than the natural
parent lives outside the State of Illinois, the parent, legal guardian, or
other placing agent is responsible for making arrangements to pay the
Illinois school district serving the child for the educational services
provided. Those service costs shall be determined in accordance with Section
14-7.01.
(Source: P.A. 95-844, eff. 8-15-08.)
(105 ILCS 5/14-1.11a) (from Ch. 122, par. 14-1.11a)
Sec. 14-1.11a. Resident district; student. The resident district is the school district in which the student resides when:
In cases where an Illinois public agency has legal guardianship and has
placed the student residentially outside of Illinois, the last school
district that provided at least 45 days of educational service to the
student shall continue to be the district of
residence until the student is no longer under guardianship of an Illinois
public agency or until the student is returned to Illinois.
The resident district of a homeless student is the Illinois district in
which the student enrolls for educational services. Homeless students
include individuals as defined in the Stewart B. McKinney Homeless Assistance
Act.
The State Superintendent of Education may determine that the location of the parent or guardian of a student is unknown after considering information submitted from the school district that last enrolled the student or from the school or special education facility providing special education and related services to meet the needs of the student. The information submitted to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and 4 items of documentary evidence that a minimum of 4 separate attempts were made to locate the parent or guardian. Any determination by the State Superintendent of Education that the location of a parent or guardian is unknown is final. However, any determination made by the State Superintendent of Education is subject to review and reconsideration any time a parent's or guardian's location becomes known.
(Source: P.A. 102-514, eff. 8-20-21.)
(105 ILCS 5/14-1.11b) (from Ch. 122, par. 14-1.11b)
Sec. 14-1.11b.
Resident district; applicability.
The provisions of
Sections 14-1.11 and 14-1.11a shall be used to determine the resident
district in all cases where special education services and facilities are
provided pursuant to Article 14.
(Source: P.A. 87-1117.)
(105 ILCS 5/14-2)
Sec. 14-2. Definition of general education classroom for special education students receiving services in the general education classroom.
(a) With respect to any State statute or administrative rule that defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification.
(b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.
(Source: P.A. 97-284, eff. 8-9-11.)
(105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
Sec. 14-3.01.
Advisory Council.
This amendatory Act of 1998, in compliance with the reauthorization of IDEA
in 1997, makes changes in the membership and responsibilities of the Advisory
Council on the Education of Children with
Disabilities. The Council shall provide advice and policy guidance to the
Governor, General Assembly, and the State Board of Education with respect to
special education and related services for children with disabilities. The
State Board of Education shall seek the advice of the Advisory Council
regarding all rules and regulations related to the education of children with
disabilities that are to be promulgated by the State Board of Education. The
State Board of Education shall seek the advice of the Advisory Council on
modifications or additions to comprehensive plans submitted under Section
14-4.01. The Council shall consider any rule or regulation or plan submitted
to it by the State Board of Education within 60 days after its receipt by the
chairperson of the Council.
Additionally, the Advisory Council shall: (1) advise the General Assembly,
the Governor, and the State Board of Education on unmet needs in the education
of children with disabilities; (2) assist the State Board of Education in
developing evaluations and reporting on data to the United States Secretary of
Education; (3) advise the State Board of Education relative to qualifications
for hearing officers and the rules and procedures for hearings conducted under
Section 14-8.02 or 14-8.02a; (4) comment publicly on any rules or regulations
proposed by
the State regarding the education of children with disabilities and the
procedures for distribution of funds under this Act; (5) advise the State Board
of Education in developing corrective action plans to address findings
identified in federal monitoring reports pursuant to the Individuals with
Disabilities Education Act; (6) advise State and local education agencies
regarding educational programs and materials that may be provided to children
with disabilities to enable them to fully exercise their constitutional and
legal rights and entitlements as citizens, including those afforded under the
Federal Rehabilitation Act of 1973, as amended, and the Illinois Human Rights
Act; and (7)
advise the State Board of Education in developing and implementing policies
relating to the coordination of services for children with disabilities.
The Council shall be composed of 27 members, including 23 voting members
appointed by the Governor and 4 ex-officio voting members. Members shall be
broadly representative of the State's population in regard to developmental,
physical, and mental disabilities, race, ethnic background, gender, and
geographic location. Nine members shall be parents of children with
disabilities between the ages of 3 and 21 years currently receiving special
education services at public expense. Five members shall be individuals with
disabilities, including one student or former student who is at least 18 years
of age and no older than 21 years of age at the time of
his or her appointment to the Council and who is receiving special education
services at public expense or received those services at the time his or her
high school program terminated. Within 30 days after
the
effective date of this amendatory Act of 1998, the Governor or his designee
shall invite statewide organizations, being as inclusive as possible and based
upon a reasonable inquiry, and Parent Training and Information Centers
representing parents of children with disabilities, individuals with
disabilities or both, to convene for the purpose of recommending
to the Governor twice the number of individuals required to be appointed as
members from each of the
categories described in this paragraph, from which the Governor may appoint the
14 members of the Council who are
parents of children with disabilities and individuals with disabilities. The
9
members who are parents of children with disabilities between the ages of 3 and
21 years receiving special education services at public expense and the 5
members who are individuals with disabilities shall not be current full or
part-time employees of school districts, special education cooperatives,
regional service areas or centers, or any agency under the jurisdiction of any
elected State official.
In addition, the Governor shall appoint one regional superintendent of
schools, one representative of an institution of higher education that prepares
special education and related services personnel, one teacher of students with
disabilities, one superintendent of a public school district, one director of a
special education cooperative or special education administrator from a school
district of less than 500,000 population, one representative of a public
charter school, one representative of a private school serving children with
disabilities, one representative of a vocational, community, or business
organization that provides transition services to children with disabilities,
and one at-large member from the general public. In addition, the Secretary of
Human Services or his or her designee, the Director of Children and Family
Services or his or her designee, the Director of Corrections or his or her
designee, and the Director of Special Education for the City of Chicago School
District #299 or his or her designee shall serve as ex-officio voting members
of the Council.
All Council members shall be legal residents of
the State of Illinois and shall be selected, as far as practicable, on the
basis of their knowledge of, or experience in, the education of children with
disabilities.
The initial members to be appointed to the Council by the Governor under the
provisions of this amendatory Act of 1998 shall be appointed within 60 days
after the effective date of that amendatory Act; provided that those persons
who are serving as Council members on that effective date and who, as
determined by the Governor after consultation with the State Board of
Education, meet the requirements established by this amendatory Act for
appointment to membership on the Council shall continue to serve as
Council members until the completion of the remainder of their current terms.
The initial members of the Council who are not Council members on the effective
date of this amendatory Act of 1998 and who are appointed by the Governor under
this amendatory Act of 1998 shall by lot determine one-third of their number to
serve for a term of 2 years (provided that person appointed as the student or
former student member shall be included among those members who are to serve a
term of 2 years), one-third of their number to serve for a term of 3
years, and one-third of their number to serve for a term of 4 years; provided,
that if the total number of initial members so appointed by the Governor is not
divisible into 3 whole numbers, all of the initial members so appointed shall
by lot be assigned to 3 groups as follows: (i) the members assigned to the
first group, who shall include the student or former student member and who
shall be equal in number
to the number of members who are assigned to the second group, shall serve for
a
term of
2 years; (ii) the members assigned to the second group, who shall be equal in
number to the number of members who are assigned to the first group, shall
serve for a
term of 3 years; and (iii) the members assigned to the third group, who shall
comprise the remainder of the initial members so appointed by the Governor and
whose number shall be either one more or one less than the number of members
assigned to either the first group or second group, shall serve for a term of 4
years. Upon expiration of
the term of office of a member of the Council who is
not an ex-officio member, his or her successor shall be appointed by the
Governor to serve for a term of 4 years, except that a successor appointed as
the student or former student
member shall be appointed to serve for a term of 2 years. Each member of the
Council who is not
an ex-officio member and whose term of office expires shall nevertheless
continue to serve as a Council member until his or her successor is appointed.
Each of the 4 ex-officio members of the Council shall continue to serve as a
Council member during the period in which he or she continues to hold the
office by reason of which he or she became an ex-officio member of the Council.
The initial members of the Council who are not ex-officio members shall not,
upon completion of their respective
initial terms, be appointed to serve more than one additional consecutive term
of 4 years, nor shall any successor member of the Council be appointed to serve
more than 2 full consecutive 4-year terms; provided, that a person appointed as
the student or former student member shall serve only one two-year term and
shall not be reappointed to serve for an additional term. Vacancies in Council
memberships
held by parents of children with
disabilities or individuals with disabilities may be filled from the original
list of such parents and individuals recommended to the Governor. The Governor
shall reconvene the group of organizations that provided the original list of
parents of children with disabilities and individuals with disabilities when
additional recommendations for those Council memberships are needed, but at a
minimum the group shall be convened every 2 years for the purpose of updating
the list of recommended parents or individuals. A vacancy in an appointed
membership on the Council shall be filled for the unexpired balance of the term
of that membership in the same manner that the original appointment for that
membership was made.
The terms of all persons serving as Advisory Council members on the effective
date of this amendatory Act of 1998 who are not determined by the Governor,
after
consultation with the State Board of Education, to meet the requirements
established by this amendatory Act for appointment to initial membership on the
Council shall terminate on the date that the Governor completes his
appointments of
the initial members of the Council under this amendatory Act, and the
members of the Council as constituted under this amendatory Act shall take
office and assume their powers and duties on that date.
The Council as constituted under this amendatory Act of 1998 shall organize
with a chairperson selected by the Council members and shall meet at the call
of the chairperson upon 10 days written notice but not less than 4 times a
year. The Council shall establish such committees and procedures as it deems
appropriate to carry out its responsibilities under this Act and the federal
Individuals with Disabilities Education Act.
The State Board of Education shall designate an employee to act as executive
secretary of the Council and shall furnish all professional and clerical
assistance necessary for the performance of its duties.
Members of the Council
shall serve without compensation but shall be reimbursed for the necessary
expenses incurred in the performance of their duties in accordance with the
State Board of Education's Travel Control Policy.
(Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97; 90-644, eff. 7-24-98.)
(105 ILCS 5/14-3.02)
Sec. 14-3.02. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/14-3.03)
Sec. 14-3.03. (Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/14-4.01) (from Ch. 122, par. 14-4.01)
Sec. 14-4.01. Special educational facilities for
children with disabilities.
(a) School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14-1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14-1.02 through 14-1.07
of this Act.
(b) All school districts, administrative districts or governing boards
responsible
for providing special education services shall
submit to the appropriate regional superintendent comprehensive plans or
modifications
thereto for the provision of special education services in accordance with
rules promulgated by the State Board of Education. Copies of comprehensive
plans or modifications thereto shall be forwarded by the regional
superintendent
to the State Board of Education. Regional superintendents who provide special
education services shall submit comprehensive plans or modifications thereto
directly to the State Board of Education. Comprehensive plans or modifications
thereto shall be made available by regional superintendents for public inspection
during regular business hours.
The State Board of Education shall provide for the submission of comprehensive
plans not more frequently than once every 3 years but may require the submission
of such modifications as it deems necessary to achieve the purposes of this
Act and applicable federal law.
(c) Special education cooperatives established by school districts are eligible for school maintenance project grants under Section 5-100 of the School Construction Law.
(Source: P.A. 98-710, eff. 7-16-14.)
(105 ILCS 5/14-5.01) (from Ch. 122, par. 14-5.01)
Sec. 14-5.01.
Application of Article.
This Article applies to school boards of all types and sizes of school
districts, including but not limited to special charter districts,
community consolidated school districts, community unit school districts,
consolidated school districts, high school districts, non-high school
districts, community high school districts, and districts exceeding 500,000
inhabitants.
(Source: Laws 1965, p. 1948.)
(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
Sec. 14-6.01. Powers and duties of school boards. School boards of
one or more school districts establishing and maintaining any of the
educational facilities described in this Article shall, in connection
therewith, exercise similar powers and duties as are prescribed by law
for the establishment, maintenance, and management of other recognized
educational facilities. Such school boards shall include only eligible
children in the program and shall comply with all the requirements of
this Article and all rules and regulations established by the State
Board of Education. Such school boards shall accept in part-time
attendance children with disabilities of the types
described in Sections
14-1.02 through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent or
guardian of the child with a disability and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. Transportation for students in part time attendance shall be
provided only if required in the child's individualized educational program
on the basis of the child's disabling condition or as the
special education
program location may require.
Beginning with the 2019-2020 school year, a school board shall post on its Internet website, if any, and incorporate into its student handbook or newsletter notice that students with disabilities who do not qualify for an individualized education program, as required by the federal Individuals with Disabilities Education Act and implementing provisions of this Code, may qualify for services under Section 504 of the federal Rehabilitation Act of 1973 if the child (i) has a physical or mental impairment that substantially limits one or more major life activities, (ii) has a record of a physical or mental impairment, or (iii) is regarded as having a physical or mental impairment. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment, and
placement of such children. The notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter.
For a school district organized under Article 34 only, beginning with the 2019-2020 school year, the school district shall, in collaboration with its primary office overseeing special education, publish on the school district's publicly available website any proposed changes to its special education policies, directives, guidelines, or procedures that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians made by the school district or school board. Any policy, directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school district's primary office overseeing special education or any other administrative office of the school district must be published on the school district's publicly available website no later than 45 days before the adoption of that change. Any policy directive, guideline, or procedural change that impacts those provisions or safeguards that is authorized by the school board must be published on the school district's publicly available website no later than 30 days before the date of presentation to the school board for adoption. The school district's website must allow for virtual public comments on proposed special education policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians from the date of the notification of the proposed change on the website until the date the change is adopted by the school district or until the date the change is presented to the school board for adoption. After the period for public comment is closed, the school district must maintain all public comments for a period of not less than 2 years from the date the special education change is adopted. The public comments are subject to the Freedom of Information Act. The school board shall, at a minimum, advertise the notice of the change and availability for public comment on its website. The State Board of Education may add additional reporting requirements for the district beyond policy, directive, guideline, or procedural changes that impact the provision of educational or related services to students with disabilities or the procedural safeguards afforded to students with disabilities or their parents or guardians if the State Board determines it is in the best interest of the students enrolled in the district receiving special education services.
School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14-8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94-142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low-cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code. For a school district organized under Article 34 only, the school district must make the entirety of its special education Procedural Manual and any other guidance documents pertaining to special education publicly available, in print and on the school district's website, in both English and Spanish. Upon request, the school district must make the Procedural Manual and other guidance documents available in print in any other language and accessible for individuals with disabilities.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
an interpreter.
No student with a disability or, in a school district organized under Article 34 of this Code, child with a learning disability may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
defined standard.
Effective July 1, 1966, high school districts are financially
responsible for the education of pupils with disabilities who
are residents in their
districts when such pupils have reached age 15 but may admit
children with disabilities into special educational facilities without
regard to graduation
from the eighth grade after such pupils have reached the age of 14 1/2 years.
Upon a pupil with a disability attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
(105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)
Sec. 14-6.02. Service animals. Service animals such as guide dogs,
signal dogs or any other animal individually trained to perform tasks for
the benefit of a student with a disability shall be permitted to accompany
that student at all school functions, whether in or outside the classroom. For the purposes of this Section, "service animal" has the same meaning as in Section 48-8 of the Criminal Code of 2012.
(Source: P.A. 97-956, eff. 8-14-12; 97-1150, eff. 1-25-13.)
(105 ILCS 5/14-6.03)
Sec. 14-6.03.
Speech-language pathology assistants.
(a) Except as otherwise provided in this subsection, on or after January 1,
2002, no person shall perform the duties of a speech-language
pathology assistant without first applying for and receiving a license for that
purpose from the Department of Professional Regulation.
A person employed as a speech-language pathology
assistant in any class, service, or program authorized by this Article may
perform only those duties authorized by this Section under the supervision of a
speech-language pathologist as provided in this Section.
This Section does not apply to speech-language pathology paraprofessionals
approved by the State Board of Education.
(b) A speech-language pathology assistant may not be assigned his or her own
student caseload. The student caseload limit of a speech-language
pathologist who supervises any speech-language pathology assistants shall be
determined by the severity of the needs of the students served by the
speech-language pathologist. A full-time speech-language pathologist's
caseload limit may not exceed 80 students (60 students on or after September
1, 2003)
at any time. The caseload limit of a part-time speech-language pathologist
shall be determined by multiplying the caseload limit of a full-time
speech-language pathologist by a percentage that equals the number of hours
worked by the part-time speech-language pathologist divided by the number of
hours worked by a full-time speech-language pathologist in that school
district. Employment of a speech-language pathology assistant may not increase
or
decrease the caseload of the supervising speech-language pathologist.
(c) A school district that intends to utilize the services of a
speech-language pathology assistant must provide written notification to the
parent or
guardian of each student who will be served by a speech-language pathology
assistant.
(d) The scope of responsibility of a speech-language pathology assistant
shall be limited to supplementing the role of the speech-language
pathologist in implementing the treatment program established by a
speech-language pathologist. The functions and duties of a speech-language
pathology
assistant shall be limited to the following:
(e) A speech-language pathology assistant may not:
(f) A speech-language pathology assistant shall practice only under the
supervision of a speech-language pathologist who has at least 2 years
experience in addition to the supervised professional experience required under
subsection (f) of Section 8 of the Illinois Speech-Language Pathology and
Audiology Practice Act. A speech-language pathologist who supervises a
speech-language pathology assistant must have completed at least 10 clock
hours of training in the supervision of speech-language pathology assistants.
The State Board of Education shall promulgate rules describing the
supervision training requirements. The rules may allow a speech-language
pathologist to apply to the State Board of Education for an exemption from this
training requirement based upon prior supervisory experience.
(g) A speech-language pathology assistant must be under the direct
supervision
of a speech-language pathologist at least 30% of the
speech-language pathology assistant's actual student contact time per student
for the first 90 days of initial employment as a speech-language pathology
assistant. Thereafter, the speech-language pathology assistant must be under
the direct supervision of a speech-language pathologist at least 20% of the
speech-language pathology assistant's actual student contact time per student.
Supervision of a speech-language pathology assistant beyond the minimum
requirements of this subsection may be imposed at the discretion of the
supervising speech-language pathologist. A supervising speech-language
pathologist must be available to communicate with a speech-language pathology
assistant whenever the assistant is in contact with a student.
(h) A speech-language pathologist that supervises a speech-language
pathology assistant must document direct supervision activities. At a
minimum, supervision documentation must provide (i) information regarding the
quality of the speech-language pathology assistant's performance of
assigned duties and (ii) verification that clinical activity is limited to
duties specified in this Section.
(i) A full-time speech-language pathologist may supervise no more than 2
speech-language pathology assistants. A speech-language pathologist
that does not work full-time may supervise no more than one speech-language
pathology assistant.
(Source: P.A. 92-510, eff. 6-1-02.)
(105 ILCS 5/14-6.04)
Sec. 14-6.04. Contracting for speech-language pathology services.
(a) For purposes of this Section:
"Reasonable efforts" means performing all of the following:
"Speech-language pathologist" means a person who:
"Speech-language pathology services" means the application of methods and
procedures for identifying, measuring, testing, appraising, predicting, and
modifying communication development and disorders or disabilities of speech,
language, voice, swallowing, and other speech, language, and voice-related
disorders for the purpose of counseling, consulting, and rendering services or
participating in the planning, directing, or conducting of programs that are
designed to modify communicative disorders and conditions in individuals or
groups of individuals involving speech, language, voice, and swallowing
functions.
(b) A school district or a cooperative must make reasonable efforts to
employ a speech-language pathologist. While making those reasonable efforts or
after unsuccessful reasonable efforts have been made, or both, a school
district or cooperative may contract for speech-language pathology
services with a speech-language pathologist or an entity that employs
speech-language pathologists. A speech-language pathologist who provides
speech-language pathology services pursuant to a contract must:
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-6.10)
Sec. 14-6.10. Transfer of parental rights at the age of majority.
(a) When a student who is eligible for special education under this Article reaches the majority age of 18 years, all rights accorded to the student's parents under this Article transfer to the student, except as provided in this Section. This transfer of rights also applies to students who are incarcerated in an adult or juvenile State or local correctional institution. Nothing in this Section shall be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including, but not limited to, the student's parent, assist the student in making decisions regarding the student's individualized education program.
(b) The school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. At that time, the school district must provide the student with a copy of the Delegation of Rights form described in this Section. The school district must mail the notice and a copy of the Delegation of Rights form to the student and to the student's parents, addressed to their last known address, if they do not attend the meeting.
(c) Rights shall not transfer from the parents to the student under this Section if either of the following apply:
A student may terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. The Delegation of Rights shall meet all of the following requirements:
I, (insert name), am 18 years of age or older and a student who has the right to make educational decisions for myself under State and federal law. I have not been adjudged incompetent and, as of the date of the execution of this document, I hereby delegate my right to give consent and make decisions concerning my education to (insert name), who will be considered my "parent" for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on a parent under those laws. I understand and give my consent for (insert name) to make all decisions relating to my education on my behalf. I understand that I have the right to be present at meetings held to develop my individualized education program and that I have the right to raise any issues or concerns I may have and that the school district must consider them.
This delegation will be in effect for one year from the date of execution below and may be renewed by my written or other formal authorization. I also understand that I have the right to terminate this Delegation of Rights at any time and assume the right to make my own decisions regarding my education. I understand that I must notify the school district immediately if I revoke this Delegation of Rights prior to its expiration.
(insert name)
Student
DATE: (insert date)
Accepted by: (insert name)
Designated Representative
(Source: P.A. 95-372, eff. 8-23-07.)
(105 ILCS 5/14-7.01) (from Ch. 122, par. 14-7.01)
Sec. 14-7.01.
Children attending classes in another district.) If a
child, resident of one school district, because of his disability, attends
a class or school for any of such types of children in another school
district, the school district in which he resides shall grant the proper
permit, provide any necessary transportation, and pay to the school
district maintaining the special educational facilities the per capita
cost of educating such children.
Such per capita cost shall be computed in the following manner. The
cost of conducting and maintaining any special educational facility
shall be first determined and shall include the following expenses
applicable only to such educational facility under rules and regulations
established by the State Board of Education as follows:
(a) Salaries of teachers, professional workers, necessary
non-certified workers, clerks, librarians, custodial employees, readers,
and any district taxes specifically for their pension and retirement
benefits.
(b) Educational supplies and equipment including textbooks.
(c) Administrative costs and communication.
(d) Operation of physical plant including heat, light, water,
repairs, and maintenance.
(e) Auxiliary service, including up to 20% of transportation cost.
(f) Depreciation of physical facilities at a rate of $200 per pupil, or
the actual rental paid for the physical facilities calculated on a per
pupil basis. From such total cost thus determined there shall be deducted
the State reimbursement due on account of such educational program for the
same year, not including any State reimbursement for special education
transportation and offsetting federal revenue for the program, except
federally funded health care reimbursement need not be deducted. Such net
cost shall be divided by the average number of pupils in average daily
enrollment in such special education facility for the school year in order
to arrive at the net per capita tuition cost.
If the child, resident of any school district, because of his
disability, attends a class or school for any of such types of
children
maintained in a teacher training center supported by public funds or
State institution of higher learning, the resident district shall
provide any necessary transportation and shall be eligible to the
transportation reimbursement provided in Section 14-13.01.
A resident district may, upon request, provide transportation for
residents of the district who meet the requirements, other than the
specified age, of children with disabilities as defined in
Section
14-1.02, who attend classes in another district, and
shall make a charge for any such transportation in an amount equal to
the cost thereof, including a reasonable allowance for depreciation of
the vehicles used.
(Source: P.A. 89-397, eff. 8-20-95.)
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or private
special education facilities.
(a) The General Assembly recognizes that non-public
schools or special education facilities provide an important service in the
educational system in Illinois.
(b) If a student's individualized education program (IEP) team determines that because of his or her disability the special education
program of a district is unable to meet the needs of the child and the
child attends a non-public school or special education facility, a
public out-of-state school or a special education facility owned and
operated by a county government unit that provides special educational
services required by the child and is in compliance with the appropriate
rules and regulations of the State Superintendent of Education, the
school district in which the child is a resident shall pay the actual
cost of tuition for special education and related services provided
during the regular school term and during the summer school term if the
child's educational needs so require, excluding room, board and
transportation costs charged the child by that non-public school or
special education facility, public out-of-state school or county special
education facility, or $4,500 per year, whichever is less, and shall
provide him any necessary transportation. "Nonpublic special
education facility" shall include a residential facility,
within or without the State of Illinois, which provides
special education and related services to meet the needs of the child by
utilizing private schools or public schools, whether located on the site
or off the site of the residential facility. Resident district financial responsibility and reimbursement applies for both nonpublic special education facilities that are approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules and for emergency placements in nonpublic special education facilities that are not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, subject to the requirements of this Section.
(c) Prior to the placement of a child in an out-of-state special education residential facility, the school district must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The school district must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the school district must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any.
(d) Payments shall be made by the resident school district to the entity providing the educational services, whether the entity is the nonpublic special education facility or the school district wherein the facility is located, no less than once per quarter, unless otherwise agreed to in writing by the parties.
(e) A school district may place a student in a nonpublic special education facility providing educational services, but not approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules, provided that the State Board of Education provides an emergency and student-specific approval for placement. The State Board of Education shall promptly, within 10 days after the request, approve a request for emergency and student-specific approval for placement if the following have been demonstrated to the State Board of Education:
(f) If an impartial due process hearing officer who is contracted by the State Board of Education pursuant to this Article orders placement of a student with a disability in a residential facility that is not approved by the State Board of Education, then, for purposes of this Section, the facility shall be deemed approved for placement and school district payments and State reimbursements shall be made accordingly.
(g) Emergency placement in a facility approved pursuant to subsection (e) or (f) may continue to be utilized so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education pursuant to 23 Ill. Adm. Code 401 or other applicable laws or rules to determine whether there are any approved placements that can meet the student's needs, have accepted the student, and have availability for placement of the student.
(h) The State Board of Education shall promulgate rules and regulations
for determining when placement in a private special education facility
is appropriate. Such rules and regulations shall take into account
the various types of services needed by a child and the availability
of such services to the particular child in the public school.
In developing these rules and regulations the State Board of
Education shall consult with the Advisory Council on
Education of Children with Disabilities and hold public
hearings to secure recommendations from parents, school personnel,
and others concerned about this matter.
The State Board of Education shall also promulgate rules and
regulations for transportation to and from a residential school.
Transportation to and from home to a residential school more than once
each school term shall be subject to prior approval by the State
Superintendent in accordance with the rules and regulations of the State
Board.
(i) A school district making tuition payments pursuant to this
Section is eligible for reimbursement from the State for the amount of
such payments actually made in excess of the district per capita tuition
charge for students not receiving special education services.
Such reimbursement shall be approved in accordance with Section 14-12.01
and each district shall file its claims, computed in accordance with rules
prescribed by the State Board of Education, on forms prescribed by the
State Superintendent of Education. Data used as a basis of reimbursement
claims shall be for the preceding regular school term and summer school
term. Each school district shall transmit its claims to the State Board of Education
on or before
August 15. The State Board of Education, before approving any such claims,
shall determine their accuracy and whether they are based upon services
and facilities provided under approved programs. Upon approval the State
Board shall cause vouchers to be prepared showing the amount due
for payment of reimbursement claims to school
districts, for transmittal to the State Comptroller on
the 30th day of September, December, and March, respectively, and the final
voucher, no later than June 20. If the
money appropriated by the General Assembly for such purpose for any year
is insufficient, it shall be apportioned on the basis of the claims approved.
(j) No child shall be placed in a special education program pursuant to
this Section if the tuition cost for special education and related
services increases more than 10 percent over the tuition cost for the
previous school year or exceeds $4,500 per year unless such costs have
been approved by the Illinois Purchased Care Review Board. The
Illinois Purchased Care Review Board shall consist of the following
persons, or their designees: the Directors of Children and Family
Services, Public Health,
Public Aid, and the
Governor's Office of Management and Budget; the
Secretary of Human Services; the State Superintendent of Education; and such
other persons as the
Governor may designate. The Review Board shall also consist of one non-voting member who is an administrator of a
private, nonpublic, special education school. The Review Board shall establish rules and
regulations for its determination of allowable costs and payments made by
local school districts for special education, room and board, and other related
services provided by non-public schools or special education facilities and
shall establish uniform standards and criteria which it shall follow. The Review Board shall approve the usual and customary rate or rates of a special education program that (i) is offered by an out-of-state, non-public provider of integrated autism specific educational and autism specific residential services, (ii) offers 2 or more levels of residential care, including at least one locked facility, and (iii) serves 12 or fewer Illinois students.
(k) In determining rates based on allowable costs, the Review Board shall consider any wage increases awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings in community-based settings within the State and adjust customary rates or rates of a special education program to be equitable to the wage increase awarded to similar staff positions in a community residential setting. Any wage increase awarded by the General Assembly to front line personnel defined as direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based settings within the State, including the $0.75 per hour increase contained in Public Act 100-23 and the $0.50 per hour increase included in Public Act 100-23, shall also be a basis for any facility covered by this Section to appeal its rate before the Review Board under the process defined in Title 89, Part 900, Section 340 of the Illinois Administrative Code. Illinois Administrative Code Title 89, Part 900, Section 342 shall be updated to recognize wage increases awarded to community-based settings to be a basis for appeal. However, any wage increase that is captured upon appeal from a previous year shall not be counted by the Review Board as revenue for the purpose of calculating a facility's future rate.
(l) Any definition used by the Review Board in administrative rule or policy to define "related organizations" shall include any and all exceptions contained in federal law or regulation as it pertains to the federal definition of "related organizations".
(m) The Review Board shall establish uniform definitions and criteria for
accounting separately by special education, room and board and other
related services costs. The Board shall also establish guidelines for
the coordination of services and financial assistance provided by all
State agencies to assure that no otherwise qualified child with a disability
receiving services under Article 14 shall be excluded from participation
in, be denied the benefits of or be subjected to discrimination under
any program or activity provided by any State agency.
(n) The Review Board shall review the costs for special education and
related services provided by non-public schools or special education
facilities and shall approve or disapprove such facilities in accordance
with the rules and regulations established by it with respect to
allowable costs.
(o) The State Board of Education shall provide administrative and staff support
for the Review Board as deemed reasonable by the State Superintendent of
Education. This support shall not include travel expenses or other
compensation for any Review Board member other than the State Superintendent of
Education.
(p) The Review Board shall seek the advice of the Advisory Council on
Education of Children with Disabilities on the rules and
regulations to be
promulgated by it relative to providing special education services.
(q) If a child has been placed in a program in which the actual per pupil costs
of tuition for special education and related services based on program
enrollment, excluding room, board and transportation costs, exceed $4,500 and
such costs have been approved by the Review Board, the district shall pay such
total costs which exceed $4,500. A district making such tuition payments in
excess of $4,500 pursuant to this Section shall be responsible for an amount in
excess of $4,500 equal to the district per capita
tuition charge and shall be eligible for reimbursement from the State for
the amount of such payments actually made in excess of the districts per capita
tuition charge for students not receiving special education services.
(r) If a child has been placed in an approved individual program and the
tuition costs including room and board costs have been approved by the
Review Board, then such room and board costs shall be paid by the
appropriate State agency subject to the provisions of Section 14-8.01 of
this Act. Room and board costs not provided by a State agency other
than the State Board of Education shall be provided by the State Board
of Education on a current basis. In no event, however, shall the
State's liability for funding of these tuition costs begin until after
the legal obligations of third party payors have been subtracted from
such costs. If the money appropriated by the General Assembly for such
purpose for any year is insufficient, it shall be apportioned on the
basis of the claims approved. Each district shall submit estimated claims to the State
Superintendent of Education. Upon approval of such claims, the State
Superintendent of Education shall direct the State Comptroller to make payments
on a monthly basis. The frequency for submitting estimated
claims and the method of determining payment shall be prescribed in rules
and regulations adopted by the State Board of Education. Such current state
reimbursement shall be reduced by an amount equal to the proceeds which
the child or child's parents are eligible to receive under any public or
private insurance or assistance program. Nothing in this Section shall
be construed as relieving an insurer or similar third party from an
otherwise valid obligation to provide or to pay for services provided to
a child with a disability.
(s) If it otherwise qualifies, a school district is eligible for the
transportation reimbursement under Section 14-13.01 and for the
reimbursement of tuition payments under this Section whether the
non-public school or special education facility, public out-of-state
school or county special education facility, attended by a child who
resides in that district and requires special educational services, is
within or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this Section unless
the district certifies to the State Superintendent of Education that the
district is unable to provide special educational services required by
the child for the current school year.
(t) Nothing in this Section authorizes the reimbursement of a school
district for the amount paid for tuition of a child attending a
non-public school or special education facility, public out-of-state
school or county special education facility unless the school district
certifies to the State Superintendent of Education that the special
education program of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of Education finds
that the school district is in substantial compliance with Section 14-4.01. However, if a child is unilaterally placed by a State agency or any court in a non-public school or special education facility, public out-of-state school, or county special education facility, a school district shall not be required to certify to the State Superintendent of Education, for the purpose of tuition reimbursement, that the special education program of that district is unable to meet the needs of a child because of his or her disability.
(u) Any educational or related services provided, pursuant to this
Section in a non-public school or special education facility or a
special education facility owned and operated by a county government
unit shall be at no cost to the parent or guardian of the child.
However, current law and practices relative to contributions by parents
or guardians for costs other than educational or related services are
not affected by this amendatory Act of 1978.
(v) Reimbursement for children attending public school residential facilities
shall be made in accordance with the provisions of this Section.
(w) Notwithstanding any other provision of law, any school district
receiving a payment under this Section or under Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify all or a portion of the funds that
it receives in a particular fiscal year or from general State aid pursuant
to Section 18-8.05 of this Code
as funds received in connection with any funding program for which
it is entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21; 102-703, eff. 4-22-22.)
(105 ILCS 5/14-7.02a) (from Ch. 122, par. 14-7.02a)
Sec. 14-7.02a.
(Repealed).
(Source: P.A. 92-568, eff. 6-26-02. Repealed by P.A. 93-1022, eff. 8-24-04.)
(105 ILCS 5/14-7.02b)
Sec. 14-7.02b. Funding for children requiring special education services.
Payments to school districts for children requiring
special education services documented in their individualized education
program regardless of the program from which these services are received,
excluding children claimed under Sections 14-7.02 and 14-7.03 of this Code,
shall
be made in accordance with this Section. Funds received under this Section
may be used only for the provision of special educational facilities and
services as defined in Section 14-1.08 of this Code.
The appropriation for fiscal year 2005 through fiscal year 2017 shall be based upon
the IDEA child count of all students in the State, excluding students
claimed under Sections 14-7.02 and 14-7.03 of this Code, on December 1 of the
fiscal year 2
years
preceding, multiplied by 17.5% of the general State aid
foundation level of support established for that fiscal year under Section
18-8.05 of
this Code.
Beginning with fiscal year 2005 and through fiscal year 2007, individual school districts
shall not receive payments under this Section totaling less than they received
under the
funding authorized under Section 14-7.02a of this Code
during fiscal year 2004, pursuant to the provisions of Section 14-7.02a as they
were in effect before the effective date of this amendatory Act of the 93rd
General Assembly. This base level funding shall be computed first.
Beginning with fiscal year 2008 through fiscal year 2017, individual school districts must not receive payments under this Section totaling less than they received in fiscal year 2007. This funding shall be computed last and shall be a separate calculation from any other calculation set forth in this Section. This amount is exempt from the requirements of Section 1D-1 of this Code.
Through fiscal year 2017, an amount equal to 85% of the funds remaining in the appropriation shall be allocated to school districts based upon the
district's average daily attendance reported for purposes of Section
18-8.05 of this Code for the preceding school year. Fifteen percent of the
funds
remaining in the appropriation
shall be allocated to school districts based upon the district's low income
eligible pupil count used in the calculation of general State aid under Section
18-8.05 of this Code for the same fiscal year. One hundred percent of the
funds
computed and allocated to districts under this Section shall be distributed and
paid to school districts.
For individual
students with disabilities whose program costs exceed 4 times the
district's per capita tuition rate
as calculated under Section 10-20.12a of this Code, the costs in excess
of 4 times the district's per capita tuition rate shall be paid by the State
Board of Education from unexpended IDEA discretionary funds originally
designated for room and board reimbursement pursuant to Section
14-8.01 of this Code. The amount of tuition for these children shall be
determined by the actual cost of maintaining classes for these children,
using the per
capita cost formula set forth in Section 14-7.01 of this Code, with the
program and cost being pre-approved by the State Superintendent of
Education. Reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year and thereafter.
The State Board of Education shall prepare vouchers equal to one-fourth the
amount allocated to districts, for transmittal
to the State Comptroller on the 30th day of September, December, and March,
respectively, and the final voucher, no later than June 20. The Comptroller
shall make payments pursuant to this Section to school districts as soon as possible after receipt of vouchers. If the money
appropriated from the General Assembly for such purposes for any year is
insufficient, it shall be apportioned on the basis of the payments due to
school districts.
Nothing in this Section shall be construed to decrease or increase the
percentage of all special education funds that are allocated annually
under Article 1D of this Code
or to alter the requirement that a
school district provide special education services.
Nothing in this amendatory Act of the 93rd General Assembly shall
eliminate any reimbursement obligation owed as of the effective date of this
amendatory Act of the 93rd General Assembly to a school district with in excess
of 500,000 inhabitants.
Except for reimbursement for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, no funding shall be provided to school districts under this Section after fiscal year 2017.
In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 188.15 of this Code that is attributable to students requiring special education services must be used for special education services authorized under this Code.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/14-7.02c)
Sec. 14-7.02c. Private therapeutic day schools; student enrollment data. The Illinois Purchased Care Review Board must accept amended student enrollment data from special education private therapeutic day schools that have specialized contractual agreements with a school district having a population exceeding 500,000 inhabitants in the 2016-2017 and 2017-2018 school years. The amended student enrollment data must be based on actual monthly enrollment days where a student placed by the school district was formally enrolled and began to receive services through the last date he or she was formally exited from the therapeutic day school. All enrolled days must be confined to the official beginning and end dates of the therapeutic day school's official calendar on file with the State Board of Education. In no instance may the amended enrollment be further reduced to account for student absences. A school district having a population of 500,000 or less inhabitants must be billed at the per diem rate approved by the Illinois Purchased Care Review Board based on days enrolled as prescribed in Section 900.330 of Title 89 of the Illinois Administrative Code.
(Source: P.A. 101-10, eff. 6-5-19.)
(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
Sec. 14-7.03. Special education classes for children from orphanages,
foster family homes, children's homes, or State residential units. If a
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
If a school district makes a claim for reimbursement under Section
18-3 of this Code it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Code shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
reimbursement.
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Section.
Claims filed on behalf of programs operated under this Section housed in an orphanage, children's home, private facility, State residential unit, district or joint agreement site,
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
applicable rules.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by June
15. Claims for individual students received after June 15 shall not
be honored. Claims received by June 15 may be amended until August 1. Final claims for individual students shall be vouchered by
August 31.
However, notwithstanding any other provisions of this Section or this Code, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal year claims shall be made before any claims are paid for the current fiscal year.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes, or State residential
units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home, or State residential
unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall be reimbursed for the actual cost of providing such programs by the resident district as defined in Section 14-1.11a.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage, or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each student with a disability who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the student with a disability as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 101-17, eff. 6-14-19.)
(105 ILCS 5/14-7.03a) (from Ch. 122, par. 14-7.03a)
Sec. 14-7.03a.
(Repealed).
(Source: P.A. 80-1481. Repealed by P.A. 90-644, eff. 7-24-98.)
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies
may utilize federally funded health care programs to share in the costs of
services which are provided to children requiring special education and
related services and which are either listed on an individualized education
program established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public Law No. 99-457.
Those federally funded health care programs shall also share in the cost
of all screenings and diagnostic evaluations for children suspected of
having or known to have a disability.
However, all such services shall continue to be initially funded by the
local educational agency and shall be provided regardless of subsequent
cost sharing with other funding sources. Federally funded health care
reimbursement funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of Education funds
for special education as provided in Article 14 of the School Code for
which the local education agency is eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including screening
and diagnostic services, health care and treatment, preventive health care,
and any other measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded health care
resources.
The State Board of Education and the Department of Healthcare and Family Services may enter
into an intergovernmental agreement whereby school districts or their
agents may claim medicaid matching funds for medicaid eligible special
education children as authorized by Section 1903 of the Social Security
Act. Under that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided to special
education students enrolled in the Children's Health
Insurance Program.
(b) No employee or officer of a school district, special education
joint agreement, office of a regional superintendent of schools or the
State Board of Education may have a direct or indirect financial interest
in any agreement between the entity of which the person is an employee or
officer and any corporation, organization or other entity that collects or
participates in the collection of payments from private health care benefit
plans or federally funded health care programs authorized under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
(105 ILCS 5/14-7.05)
Sec. 14-7.05. Placement in residential facility; payment of educational costs. For any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence as determined pursuant to this Article is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with this Code. Subject to this Section and relevant State appropriation, the resident district's financial responsibility and reimbursement must be calculated in accordance with the provisions of Section 14-7.02 of this Code. In those instances in which a district receives a block grant pursuant to Article 1D of this Code, the district's financial responsibility is limited to the actual educational costs of the placement, which must be paid by the district from its block grant appropriation. Resident district financial responsibility and reimbursement applies for both residential facilities that are approved by the State Board of Education and non-approved facilities, subject to the requirements of this Section. The Illinois placing agency or court remains responsible for funding the residential portion of the placement and for notifying the resident district prior to the placement, except in emergency situations. The residential facility in which the student is placed shall notify the resident district of the student's enrollment as soon as practicable after the placement. Failure of the placing agency or court to notify the resident district prior to the placement does not absolve the resident district of financial responsibility for the educational costs of the placement; however, the resident district shall not become financially responsible unless and until it receives written notice of the placement by either the placing agency, court, or residential facility. The placing agency or parent shall request an individualized education program (IEP) meeting from the resident district if the placement would entail additional educational services beyond the student's current IEP. The district of residence shall retain control of the IEP process, and any changes to the IEP must be done in compliance with the federal Individuals with Disabilities Education Act.
Prior to the placement of a child in an out-of-state special education residential facility, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The placing agency or court must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any.
Payments shall be made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties.
A residential facility providing educational services within the facility, but not approved by the State Board of Education, is required to demonstrate proof to the State Board of (i) appropriate licensure of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. A school district is under no obligation to pay such a residential facility unless and until such proof is provided to the State Board's satisfaction.
When a dispute arises over the determination of the district of residence under this Section, any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items of information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.)
(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)
Sec. 14-8.01. Supervision of special education buildings and
facilities. All special educational facilities, building programs,
housing, and all educational programs for the types of children with disabilities
defined in Section 14-1.02 shall be under the
supervision of and
subject to the approval of the State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by Section 2-3.12.
All educational programs for children
with disabilities as defined in Section 14-1.02 administered by any State
agency shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that such
educational programs meet standards jointly developed and agreed to by
both the State Board of Education and the operating State agency,
including standards for educational personnel.
Any State agency providing special educational programs for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with the State
Board of Education and pursuant to the Illinois Administrative Procedure
Act as now or hereafter amended, to insure that all such programs comply
with this Section and Section 14-8.02.
No otherwise qualified child with a disability receiving special
education
and related services under Article 14 shall solely by reason of his or
her disability be excluded from the participation in or be
denied the
benefits of or be subjected to discrimination under any program or
activity provided by a State agency.
State agencies providing special education and related services,
including room and board, either directly or through grants or purchases
of services shall continue to provide these services according to
current law and practice. Room and board costs not provided by a State
agency other than the State Board of Education shall be provided by the
State Board of Education to the extent of available funds. An amount equal
to one-half of the State
education agency's share of IDEA PART B federal monies, or so
much thereof
as may actually be needed, shall annually be appropriated to pay for the
additional costs of providing for room and board for those children
placed pursuant to Section 14-7.02 of this Code and, after all such
room and
board costs are paid, for similar expenditures
for children served pursuant to
Section 14-7.02 or 14-7.02b of this Code. Any such excess
room and board funds must first be directed to those school districts
with students costing in excess of 4 times the district's per capita tuition
charge and then to
community based programs that serve as alternatives to residential
placements.
Beginning with Fiscal Year 1997 and continuing through Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 federal funds shall be allocated
by
the State Board of Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and special education
cooperatives for the maintenance of instructional and related support services
to students with disabilities.
However, beginning with Fiscal Year 1998, the total IDEA Part B discretionary
funds available to the State Board of Education shall not exceed the maximum
permissible under federal law or 20% of the total federal funds available to
the State, whichever is less. After
all room and board
payments and similar
expenditures are made by the State Board of Education as required by this
Section, the State Board of Education may use the remaining funds for
administration and for providing discretionary activities. However, the State
Board of Education may use no more than 25% of its available IDEA Part B
discretionary funds for administrative services.
Special education and related services included in the child's
individualized educational program which are not provided by another
State agency shall be included in the special education and related
services provided by the State Board of Education and the local school
district.
The State Board of Education with the advice of the Advisory Council
shall prescribe the standards and make the necessary rules and
regulations for special education programs administered by local school
boards, including but not limited to establishment of classes, training
requirements of teachers and other professional personnel, eligibility
and admission of pupils, the curriculum, class size limitation, building
programs, housing, transportation, special equipment and instructional
supplies, and the applications for claims for reimbursement. The State
Board of Education shall promulgate rules and regulations for annual
evaluations of the effectiveness of all special education programs and
annual evaluation by the local school district of the individualized
educational program for each child for whom it provides special
education services.
A school district is responsible for the provision of educational
services for all school age children residing within its boundaries
excluding any student placed under the provisions of Section 14-7.02 or any
student with a disability whose parent or guardian lives outside of the State of
Illinois as described in Section 14-1.11.
(Source: P.A. 99-143, eff. 7-27-15.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of children.
(a) The State Board of Education shall make rules under which local school
boards shall determine the eligibility of children to receive special
education. Such rules shall ensure that a free appropriate public
education be available to all children with disabilities as
defined in
Section 14-1.02. The State Board of Education shall require local school
districts to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language
other than English is used to determine their eligibility to receive special
education. The placement of low English proficiency students in special
education programs and facilities shall be made in accordance with the test
results reflecting the student's linguistic, cultural and special education
needs. For purposes of determining the eligibility of children the State
Board of Education shall include in the rules definitions of "case study",
"staff conference", "individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in
this Article. For purposes of determining the eligibility of children from
homes in which a language other than English is used, the State Board of
Education shall include in the rules
definitions for "qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs". For purposes of this
Section, as well as Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals with Disabilities Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education facilities except
with a carefully completed case study fully reviewed by professional
personnel in a multidisciplinary staff conference and only upon the
recommendation of qualified specialists or a qualified bilingual specialist, if
available. At the conclusion of the multidisciplinary staff conference, the
parent of the child and, if the child is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall be given a copy of the multidisciplinary
conference summary report and recommendations, which includes options
considered, and, in the case of the parent, be informed of his or her right to obtain an independent educational
evaluation if he or she disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is shown to be
inappropriate, the school district shall reimburse the parent for the cost of
the independent evaluation. The State Board of Education shall, with advice
from the State Advisory Council on Education of Children with
Disabilities on the
inclusion of specific independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board of Education
shall include on the list clinical psychologists licensed pursuant to the
Clinical Psychologist Licensing Act. Such psychologists shall not be paid fees
in excess of the amount that would be received by a school psychologist for
performing the same services. The State Board of Education shall supply school
districts with such list and make the list available to parents at their
request. School districts shall make the list available to parents at the time
they are informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an impartial
due process hearing under this Section within 5 days of any written parent
request for an independent educational evaluation to show that
its evaluation is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent educational
evaluation, but not at public expense. An independent educational
evaluation at public expense must be completed within 30 days of a parent
written request unless the school district initiates an
impartial due process hearing or the parent or school district
offers reasonable grounds to show that such 30-day time period should be
extended. If the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that such 30-day
period should be extended. If a parent disagrees with the summary report or
recommendations of the multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such evaluation and
the child shall remain in his or her regular classroom setting.
No child shall be eligible for admission to a
special class for children with a mental disability who are educable or for children with a mental disability who are trainable except with a psychological evaluation
and
recommendation by a school psychologist. Consent shall be obtained from
the parent of a child before any evaluation is conducted.
If consent is not given by the parent or if the parent disagrees with the findings of the evaluation, then the school
district may initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the decision
resulting from the impartial due process hearing and the decision is not
appealed or if the decision is affirmed on appeal.
The determination of eligibility shall be made and the IEP meeting shall be completed within 60 school days
from the date of written parental consent. In those instances when written parental consent is obtained with fewer than 60 pupil attendance days left in the school year,
the eligibility determination shall be made and the IEP meeting shall be completed prior to the first day of the
following school year. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. The appropriate
program pursuant to the individualized educational program of students
whose native tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later than September
1, 1993, the State Board of Education shall establish standards for the
development, implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to verify implementation
of these standards. The district shall indicate to the parent, the State Board of Education, and, if applicable, the Department's Office of Education and Transition Services the nature of the services the child will receive
for the regular school term while awaiting placement in the appropriate special
education class. At the child's initial IEP meeting and at each annual review meeting, the child's IEP team shall provide the child's parent or guardian and, if applicable, the Department's Office of Education and Transition Services with a written notification that informs the parent or guardian or the Department's Office of Education and Transition Services that the IEP team is required to consider whether the child requires assistive technology in order to receive free, appropriate public education. The notification must also include a toll-free telephone number and internet address for the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually impaired or has an orthopedic impairment or physical disability and
he or she might be eligible to receive services from the Illinois School for
the Deaf, the Illinois School for the Visually Impaired, or the Illinois Center for Rehabilitation and Education-Roosevelt, the school
district shall notify the parents, in writing, of the existence of
these schools
and the services
they provide and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide. This notification
shall
include without limitation information on school services, school
admissions criteria, and school contact information.
In the development of the individualized education program for a student who has a disability on the autism spectrum (which includes autistic disorder, Asperger's disorder, pervasive developmental disorder not otherwise specified, childhood disintegrative disorder, and Rett Syndrome, as defined in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall consider all of the following factors:
If the student may be eligible to participate in the Home-Based Support
Services Program for Adults with Mental Disabilities authorized under the
Developmental Disability and Mental Disability Services Act upon becoming an
adult, the student's individualized education program shall include plans for
(i) determining the student's eligibility for those home-based services, (ii)
enrolling the student in the program of home-based services, and (iii)
developing a plan for the student's most effective use of the home-based
services after the student becomes an adult and no longer receives special
educational services under this Article. The plans developed under this
paragraph shall include specific actions to be taken by specified individuals,
agencies, or officials.
(c) In the development of the individualized education program for a
student who is functionally blind, it shall be presumed that proficiency in
Braille reading and writing is essential for the student's satisfactory
educational progress. For purposes of this subsection, the State Board of
Education shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified as
functionally blind who are also entitled to Braille instruction include:
(i) those whose vision loss is so severe that they are unable to read and
write at a level comparable to their peers solely through the use of
vision, and (ii) those who show evidence of progressive vision loss that
may result in functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction that is
sufficient to enable the student to communicate with the same level of
proficiency as other students of comparable ability. Instruction should be
provided to the extent that the student is physically and cognitively able
to use Braille. Braille instruction may be used in combination with other
special education services appropriate to the student's educational needs.
The assessment of each student who is functionally blind for the purpose of
developing the student's individualized education program shall include
documentation of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized education
program for a student who is functionally blind shall receive information
describing the benefits of Braille instruction. The individualized
education program for each student who is functionally blind shall
specify the appropriate learning medium or media based on the assessment
report.
(d) To the maximum extent appropriate, the placement shall provide the
child with the opportunity to be educated with children who do not have a disability; provided that children with
disabilities who are recommended to be
placed into regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular
classroom instruction and are included on the teacher's regular education class
register. Subject to the limitation of the preceding sentence, placement in
special classes, separate schools or other removal of the child with a disability
from the regular educational environment shall occur only when the nature of
the severity of the disability is such that education in the
regular classes with
the use of supplementary aids and services cannot be achieved satisfactorily.
The placement of English learners with disabilities shall
be in non-restrictive environments which provide for integration with
peers who do not have disabilities in bilingual classrooms. Annually, each January, school districts shall report data on students from non-English
speaking backgrounds receiving special education and related services in
public and private facilities as prescribed in Section 2-3.30. If there
is a disagreement between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the placement is
subject to impartial due process procedures described in Article 10 of the
Rules and Regulations to Govern the Administration and Operation of Special
Education.
(e) No child who comes from a home in which a language other than English
is the principal language used may be assigned to any class or program
under this Article until he has been given, in the principal language
used by the child and used in his home, tests reasonably related to his
cultural environment. All testing and evaluation materials and procedures
utilized for evaluation and placement shall not be linguistically, racially or
culturally discriminatory.
(f) Nothing in this Article shall be construed to require any child to
undergo any physical examination or medical treatment whose parents object thereto on the grounds that such examination or
treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the parents of a child or, if applicable, the Department of Children and Family Services' Office of Education and Transition Services prior written notice of any decision (a) proposing
to initiate or change, or (b) refusing to initiate or change, the
identification, evaluation, or educational placement of the child or the
provision of a free appropriate public education to their child, and the
reasons therefor. For a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the student, or
the provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice shall inform
the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446); it
shall be the responsibility of the State Superintendent to develop
uniform notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) to be used by all school boards. The notice
shall also inform the parents of the availability upon
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. The State Superintendent shall revise the uniform notices required by this subsection (g) to reflect current law and procedures at least once every 2 years. Any parent who is deaf or
does not normally communicate using spoken English and who participates in
a meeting with a representative of a local educational agency for the
purposes of developing an individualized educational program or attends a multidisciplinary conference shall be
entitled to the services of an interpreter. The State Board of Education must adopt rules to establish the criteria, standards, and competencies for a bilingual language interpreter who attends an individualized education program meeting under this subsection to assist a parent who has limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified professional" means an individual who holds credentials to evaluate the child in the domain or domains for which an evaluation is sought or an intern working under the direct supervision of a qualified professional, including a master's or doctoral degree candidate.
To ensure that a parent can participate fully and effectively with school personnel in the development of appropriate educational and related services for his or her child, the parent, an independent educational evaluator, or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access to educational facilities, personnel, classrooms, and buildings and to the child as provided in this subsection (g-5). The requirements of this subsection (g-5) apply to any public school facility, building, or program and to any facility, building, or program supported in whole or in part by public funds. Prior to visiting a school, school building, or school facility, the parent, independent educational evaluator, or qualified professional may be required by the school district to inform the building principal or supervisor in writing of the proposed visit, the purpose of the visit, and the approximate duration of the visit. The visitor and the school district shall arrange the visit or visits at times that are mutually agreeable. Visitors shall comply with school safety, security, and visitation policies at all times. School district visitation policies must not conflict with this subsection (g-5). Visitors shall be required to comply with the requirements of applicable privacy laws, including those laws protecting the confidentiality of education records such as the federal Family Educational Rights and Privacy Act and the Illinois School Student Records Act. The visitor shall not disrupt the educational process.
(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. 6-10-22.)
(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil action.
(a) This Section
shall apply to all impartial due process hearings requested on or after July
1, 2005. Impartial due process hearings requested before July 1, 2005 shall be governed by the rules described in Public Act 89-652.
(a-5) For purposes of this Section and Section 14-8.02b of this Code, days shall be computed in accordance with Section 1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an impartial due process
hearing system in accordance with this
Section and may, with the advice and approval of the Advisory Council on
Education of Children with Disabilities, promulgate rules and regulations
consistent with this Section to establish the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) An impartial due process hearing shall be convened upon the request of a
parent, student if at least 18 years of age or emancipated, or a
school district. A school district shall
make a request in writing to the State Board of Education and promptly mail a
copy of the request to the parents or student (if at least 18 years of age or emancipated) at the parent's or student's last
known address. A request made by the parent or student shall be made in writing to the superintendent of the school district where the student resides. The superintendent shall forward the request to the State Board of Education within 5 days after receipt of the request. The request shall be filed no more than 2 years following the date the person or school district knew or should have known of the event or events forming the basis for the request. The request shall, at a minimum, contain all of the following:
(f-5) Within 3 days after receipt of the hearing request,
the State Board of
Education shall appoint a due process hearing officer using a rotating
appointment system and shall notify the hearing officer of his or her
appointment.
For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school district, special
education cooperative, or other public entity involved in the hearing shall recuse himself or herself. A hearing officer who is a former employee of the school district, special education cooperative, or other public entity involved in the hearing shall immediately disclose the former employment to the parties and shall recuse himself or herself, unless the parties otherwise agree in writing. A
hearing officer having a personal or professional interest that may conflict
with his or her objectivity in the hearing shall disclose the conflict to the parties and shall recuse himself or herself unless the parties otherwise agree in writing. For purposes of this subsection
an assigned hearing officer shall be considered to have a conflict of interest
if, at any time prior to the issuance of his or her written decision, he or she
knows or should know that he or she may receive remuneration from a party
to the hearing within 3 years following the conclusion of the due process
hearing.
A party to a due process hearing shall be permitted one substitution
of hearing officer as a matter of right, in accordance with procedures
established by the rules adopted by the State Board of Education under this
Section. The State Board of Education shall randomly select and appoint
another hearing officer within 3 days after receiving notice that the appointed
hearing officer is ineligible to serve or upon receiving a proper request for
substitution of hearing officer. If a party withdraws its request for a due
process hearing after a hearing officer has been appointed, that hearing
officer shall retain jurisdiction over a subsequent hearing that involves the
same parties and is requested within one year from the date of withdrawal of
the previous request, unless that hearing
officer is unavailable.
Any party may raise
facts that constitute a conflict of interest for the hearing officer at any
time before or during the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted pursuant to this
Section and any rules and regulations promulgated by the State Board of Education
consistent with this Section and other governing laws and regulations. The hearing shall address only those issues properly raised in the hearing request under subsection (f) of this Section or, if applicable, in the amended hearing request under subsection (g-15) of this Section. The
hearing shall be closed to the public unless the parents request
that the hearing be open to the public. The parents involved in
the hearing shall have the right to have the student who is the subject of the
hearing present. The hearing shall be held at a time and place which are
reasonably convenient to the parties involved. Upon the request of
a party, the hearing officer shall hold the hearing at a location neutral to
the parties if the hearing officer determines that there is no cost for
securing the use of the neutral location. Once appointed, the impartial due
process hearing officer shall not communicate with the State Board of Education
or its employees concerning the
hearing, except that, where circumstances require, communications for
administrative purposes that do not deal with substantive or procedural matters
or issues on the merits are authorized, provided that the hearing officer
promptly notifies all parties of the substance of the communication as a matter
of record.
(g-5) Unless the school district has previously provided prior written notice to the parent or student (if at least 18 years of age or emancipated) regarding the subject matter of the hearing request, the school district shall, within 10 days after receiving a hearing request initiated by a parent or student (if at least 18 years of age or emancipated), provide a written response to the request that shall include all of the following:
(g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request. The parent's or student's response shall be provided in writing, unless he or she is illiterate or has a disability that prevents him or her from providing a written response. The parent's or student's response may be provided in his or her native language, if other than English. In the event that illiteracy or another disabling condition prevents the parent or student from providing a written response, the school district shall assist the parent or student in providing the written response.
(g-15) Within 15 days after receiving notice of the hearing request, the non-requesting party may challenge the sufficiency of the request by submitting its challenge in writing to the hearing officer. Within 5 days after receiving the challenge to the sufficiency of the request, the hearing officer shall issue a determination of the challenge in writing to the parties. In the event that the hearing officer upholds the challenge, the party who requested the hearing may, with the consent of the non-requesting party or hearing officer, file an amended request. Amendments are permissible for the purpose of raising issues beyond those in the initial hearing request. In addition, the party who requested the hearing may amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request. An amended request, other than an amended request as a matter of right, shall be filed by the date determined by the hearing officer, but in no event any later than 5 days prior to the date of the hearing. If an amended request, other than an amended request as a matter of right, raises issues that were not part of the initial request, the applicable timeline for a hearing, including the timeline under subsection (g-20) of this Section, shall recommence.
(g-20) Within 15 days after receiving a request for a hearing from a parent or student (if at least 18 years of age or emancipated) or, in the event that the school district requests a hearing, within 15 days after initiating the request, the school district shall convene a resolution meeting with the parent and relevant members of the IEP team who have specific knowledge of the facts contained in the request for the purpose of resolving the problem that resulted in the request. The resolution meeting shall include a representative of the school district who has decision-making authority on behalf of the school district. Unless the parent is accompanied by an attorney at the resolution meeting, the school district may not include an attorney representing the school district.
The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting. If either party fails to cooperate in the scheduling or convening of the resolution meeting, the hearing officer may order an extension of the timeline for completion of the resolution meeting or, upon the motion of a party and at least 7 days after ordering the non-cooperating party to cooperate, order the dismissal of the hearing request or the granting of all relief set forth in the request, as appropriate.
In the event that the school district and the parent or student (if at least 18 years of age or emancipated) agree to a resolution of the problem that resulted in the hearing request, the terms of the resolution shall be committed to writing and signed by the parent or student (if at least 18 years of age or emancipated) and the representative of the school district with decision-making authority. The agreement shall be legally binding and shall be enforceable in any State or federal court of competent jurisdiction. In the event that the parties utilize the resolution meeting process, the process shall continue until no later than the 30th day following the receipt of the hearing request by the non-requesting party (or as properly extended by order of the hearing officer) to resolve the issues underlying the request, at which time the timeline for completion of the impartial due process hearing shall commence. The State Board of Education may, by rule, establish additional procedures for the conduct of resolution meetings.
(g-25) If mutually agreed to in writing, the parties to a hearing request may request State-sponsored mediation as a substitute for the resolution process described in subsection (g-20) of this Section or may utilize mediation at the close of the resolution process if all issues underlying the hearing request have not been resolved through the resolution process.
(g-30) If mutually agreed to in writing, the parties to a hearing request may waive the resolution process described in subsection (g-20) of this Section. Upon signing a written agreement to waive the resolution process, the parties shall be required to forward the written waiver to the hearing officer appointed to the case within 2 business days following the signing of the waiver by the parties. The timeline for the impartial due process hearing shall commence on the date of the signing of the waiver by the parties.
(g-35) The timeline for completing the impartial due process hearing, as set forth in subsection (h) of this Section, shall be initiated upon the occurrence of any one of the following events:
(g-40) The hearing officer shall convene a prehearing conference no later than 14
days before the scheduled date for the due process hearing for the general
purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.
The hearing officer shall provide the parties with written notice of the
prehearing conference at least 7 days in advance of the conference. The
written notice shall require the parties to notify the hearing officer by a
date certain whether they intend to participate in the prehearing conference.
The hearing officer may conduct the prehearing conference in person or by
telephone. Each party shall at the prehearing conference (1) disclose whether
it is represented by legal counsel or intends to retain legal counsel; (2) clarify
matters it believes to be in dispute in the case and the specific relief
being sought; (3) disclose whether there are any additional evaluations for the student
that it intends to
introduce into the
hearing record that have not been previously disclosed to the other parties;
(4) disclose a list of all documents it intends to introduce into the hearing record,
including the date and a brief description of each document; and (5) disclose the names
of all witnesses it intends to call to testify at the hearing. The hearing
officer shall specify the order of presentation to be used at the hearing. If
the
prehearing conference is held by telephone, the parties shall transmit the
information required in this paragraph in such a manner that it is available to
all parties at the time of the prehearing conference. The State Board of
Education may, by
rule, establish additional procedures for the conduct of prehearing
conferences.
(g-45) The
impartial due process hearing officer shall not initiate or participate in any
ex parte communications with the parties, except to arrange the date, time,
and location of the prehearing conference, due process hearing, or other status conferences convened at the discretion of the hearing officer
and to
receive confirmation of whether a party intends to participate in the
prehearing conference.
(g-50) The parties shall disclose and provide to each other
any evidence which they intend to submit into the hearing record no later than
5 days before the hearing. Any party to a hearing has the right to prohibit
the introduction of any evidence at the hearing that has not been disclosed to
that party at least 5 days before the hearing. The party requesting a hearing shall not be permitted at the hearing to raise issues that were not raised in the party's initial or amended request, unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties to present their respective cases at the hearing within a cumulative period of 7 days. When scheduling hearing dates, the hearing officer shall schedule the final day of the hearing no more than 30 calendar days after the first day of the hearing unless good cause is shown. This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law. The school district shall present evidence that the special education needs
of the child have been appropriately identified and that the special education
program and related services proposed to meet the needs of the child are
adequate, appropriate, and available. Any party to the hearing shall have the
right to (1) be represented
by counsel and be accompanied and advised by individuals with special knowledge
or training with respect to the problems of children with disabilities, at the
party's own expense; (2) present evidence and confront and cross-examine
witnesses; (3) move for the exclusion of witnesses from the hearing until they
are called to testify, provided, however, that this provision may not be
invoked to exclude the individual designated by a party to assist that party or
its representative in the presentation of the case; (4) obtain a written or
electronic verbatim record of
the proceedings within 30 days of receipt of a written request from the parents
by the school district; and (5) obtain a written decision, including findings
of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the conclusion of the
hearing.
If at issue, the school district shall present evidence that it has
properly identified and evaluated the nature and
severity of the student's suspected or identified disability and that, if the
student has been or should have been determined eligible for special education
and related services, that it is providing or has offered a free appropriate
public education to the student in the least restrictive environment,
consistent with
procedural safeguards and in accordance with an individualized educational
program.
At any time prior to the conclusion of the hearing, the impartial due
process hearing officer shall have the authority to require additional
information and order independent evaluations for the
student at the expense of the school district. The State Board of Education
and the school district shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may request that the
due process hearing officer issue a subpoena to compel the testimony of
witnesses or the production of documents relevant to the
resolution of the hearing. Whenever a person refuses to comply with any
subpoena issued under this Section, the circuit court of the county in which
that hearing is pending, on application of the impartial hearing officer or the
party requesting the issuance of the subpoena, may compel compliance through
the contempt powers of
the court in the same manner as if the requirements of a subpoena issued by the
court had been disobeyed.
(h) The impartial hearing officer shall issue a written decision, including
findings of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the
conclusion of the hearing and send by certified mail a copy of the decision to the parents
or student (if the student requests the hearing), the school
district, the director of special education, legal representatives of the
parties, and the State Board of Education. Unless the hearing officer has
granted specific extensions of time at the request of a party, a final
decision, including the clarification of a decision requested under this
subsection, shall be reached and mailed to the parties named above not later
than 45 days after the initiation of the timeline for conducting the hearing, as described in subsection (g-35) of this Section. The
decision shall specify the educational and related services that shall be
provided to the student in accordance with the student's needs and the timeline for which the school district shall submit evidence to the State Board of Education to demonstrate compliance with the hearing officer's decision in the event that the decision orders the school district to undertake corrective action.
The hearing officer shall retain jurisdiction for the sole purpose of
considering a request for clarification of the final decision submitted in
writing by a party to the impartial hearing officer within 5 days after receipt
of the decision.
A copy of the request for clarification shall specify the portions of the
decision for which clarification is sought and shall be mailed to all parties
of record and to the State Board of Education. The request shall
operate to stay implementation of those portions of the decision for which
clarification is sought, pending action on the request by the hearing officer,
unless the parties otherwise agree. The hearing officer shall issue a
clarification of the specified portion of the decision or issue a partial or
full denial of the request in writing within 10 days of receipt of the request
and mail copies to all parties to whom the decision was mailed. This
subsection does not permit a party to request, or authorize a hearing officer
to entertain, reconsideration of the decision itself. The statute of
limitations for seeking review of the decision shall be tolled from the date
the request is submitted until the date the hearing officer acts upon the
request. The hearing officer's decision shall be binding upon the school district
and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing aggrieved by the final
written decision of the impartial due process hearing officer shall have the
right to commence a civil action with respect to the issues presented in the
impartial due process hearing. That civil action shall be brought in any
court of competent jurisdiction within
120 days after a copy of the
decision of the impartial due process hearing officer is mailed to the party as
provided in
subsection (h). The civil action authorized by this subsection shall not be
exclusive of any rights or causes of action otherwise
available. The commencement of a civil action under this subsection shall
operate as a supersedeas. In any action brought under this subsection the
Court shall receive the records of the impartial due process hearing, shall
hear additional evidence at the request of a party, and, basing its decision on
the preponderance of the evidence, shall grant such relief as the court
determines is appropriate. In any instance where a school district willfully
disregards applicable regulations or statutes regarding a child covered by this
Article, and which disregard has been detrimental to the child, the school
district shall be liable for any reasonable attorney's fees incurred by the
parent in connection with proceedings under this Section.
(j) During the pendency of any administrative or judicial proceeding
conducted
pursuant to this Section, including mediation (if the school district or other public entity voluntarily agrees to participate in mediation), unless the school district and the
parents or student (if at least 18 years of age or emancipated) otherwise agree, the student shall remain in
his or her present educational placement and continue in his or her present
eligibility status and special education and related services, if any. If mediation fails to resolve the dispute between the parties, or if the parties do not agree to use mediation, the parent (or student if 18 years of age or older or emancipated) shall have 10 days after the mediation concludes, or after a party declines to use mediation, to file a request for a due process hearing in order to continue to invoke the "stay-put" provisions of this subsection (j). If applying for initial admission to the
school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or emancipated), be placed in the school district program until all such proceedings
have been completed. The costs for any special education and related services
or placement incurred following 60 school days after the initial request for
evaluation shall be borne by the school district if the services or placement
is in accordance with the final determination as to the special education and
related services or placement that must be provided to the child, provided that
during that 60-day period there have been no delays caused by the child's
parent. The requirements and procedures of this subsection (j) shall be included in the uniform notices developed by the State Superintendent under subsection (g) of Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described in
Section 14-1.02 are not known or are unavailable or the child is a youth in care as defined in Section 4d of the Children and Family Services Act, a person shall be assigned to serve as surrogate parent for the child in
matters relating to the identification, evaluation, and educational placement
of the child and the provision of a free appropriate public education to the
child. Persons shall be assigned as surrogate parents by the State
Superintendent of Education. The State Board of Education shall promulgate
rules and regulations establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making assignments of
persons as surrogate parents.
Surrogate parents shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency involved in the
education or care of the student, or the State Board of Education.
Services of any person assigned as surrogate parent shall terminate if the
parent
becomes available unless otherwise requested by the parents. The assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal authority
relative to the child. Any person participating in good faith as surrogate
parent on behalf of the child before school officials or a hearing officer
shall have immunity from civil or criminal liability that otherwise might
result by reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing or mediation, the hearing officer or mediator shall require that
interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf
or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English.
(m) If any provision of this Section or its application to any person or
circumstance is held invalid, the invalidity of that provision or application
does not affect other provisions or applications of the Section that can be
given effect without the invalid application or provision, and to this end the
provisions of this Section are severable, unless otherwise provided by this
Section.
(Source: P.A. 102-1072, eff. 6-10-22.)
(105 ILCS 5/14-8.02b)
Sec. 14-8.02b. Expedited Hearings.
(a) The changes made to this Section by this amendatory Act of the 94th General Assembly shall apply to all expedited hearings requested on or after the effective date of this amendatory Act of the 94th General Assembly.
(b) Unless otherwise provided by this
Section,
the
provisions of Section 14-8.02a are applicable to this Section. The
State Board of
Education shall provide for the conduct of expedited hearings in accordance
with the
Individuals with Disabilities Education Act, Public Law 108-446, 20 USC
Sections 1400 et seq.
(hereafter IDEA).
(c) An expedited hearing may be requested by:
(d) A school district shall make a request in writing to the State Board of
Education
and promptly mail a copy of the request to the parents or
student (if at least 18 years of age or emancipated) at the
parents' or student's last known address. A request made by the parent or student (if at least 18 years of age or emancipated) shall
be made in
writing to the superintendent of the school district in which the student
resides, who shall
forward the request to the State Board of Education within one business day of receipt
of
the request.
Upon receipt of the request, the State Board of Education shall appoint a due
process
hearing officer using a rotating appointment system and shall notify the
hearing officer of
his or her appointment.
(e) A request for an expedited hearing initiated by a district for the sole
purpose of
moving a student from his or her current placement to an interim alternative
educational
setting because of dangerous misconduct must be accompanied by all
documentation that
substantiates the district's position that maintaining the student in
his or her current
placement is substantially likely to result in injury to the student or to
others. Also, the
documentation shall include written statements of (1) whether the district is represented by legal
counsel or
intends to retain legal counsel; (2) the matters the district believes to be
in dispute in the
case and the specific relief being sought; and (3) the names of all witnesses
the district
intends to call to testify at the hearing.
(f) An expedited hearing requested by the parent or student (if at least 18 years of age or emancipated) to
challenge
the removal of the student from his or her current placement to an interim
alternative
educational setting or a manifestation determination made by the district as
described
in IDEA shall include a written statement as to the reason the parent believes
that the action taken by the district is not supported by substantial evidence
and all
relevant documentation in the parent's
possession. Also, the
documentation
shall include written statements of (1) whether the parent is represented by legal
counsel or intends to retain legal
counsel; (2) the matters the parent believes to be in dispute in
the case and the specific relief
being sought; and (3) the names of all witnesses the parent intends
to call to testify
at the hearing.
(g) Except as otherwise described in this subsection (g), the school district shall be required to convene the resolution meeting described in subsection (g-20) of Section 14-8.02a of this Code unless the parties choose to utilize mediation in place of the resolution meeting or waive the resolution meeting in accordance with procedures described in subsection (g-30) of Section 14-8.02a of this Code. The resolution meeting shall be convened within 7 days after the date that the expedited hearing request is received by the district.
(h) The hearing officer shall not initiate or participate in any ex parte
communications
with the parties, except to arrange the date, time, and location of the
expedited hearing.
The hearing officer shall contact the parties within 5 days after appointment and set
a hearing
date which shall be no earlier than 15 calendar days following the school district's receipt of the expedited hearing request or upon completion of the resolution meeting, if earlier, and no later than 20 school days after receipt of the expedited hearing request. The hearing
officer shall
set a date no less than 2 business days prior to the date of the expedited hearing for the parties to exchange documentation and a list of witnesses. The non-requesting party shall not be required to submit a written response to the expedited hearing request. The parties may request mediation. The mediation shall not delay the timeline set by the hearing officer for conducting the expedited hearing. The length of the hearing shall not exceed 2 days unless good cause is shown. Good cause shall be determined by the hearing officer in his or her sole discretion and may include the unavailability of a party or witness to attend the scheduled hearing.
(i) Any party to the hearing shall have the right to (1) be represented by
counsel and
be accompanied and advised by individuals with special knowledge or training
with
respect to the problems of children with disabilities, at the party's own
expense; (2)
present evidence and confront and cross-examine witnesses; (3) move for the
exclusion
of witnesses from the hearing until they are called to testify, provided,
however, that this
provision may not be invoked to exclude the individual designated by a party to
assist
that party or its representative in the presentation of the case; (4) in
accord with the
provisions of subsection (g-55) of Section 14-8.02a, obtain a written or
electronic
verbatim
record of the proceedings; and (5) obtain a written decision, including
findings of fact and
conclusions of law, within 10 school
days after the conclusion of the hearing.
(j) The State Board of Education and the school district shall share equally the
costs
of providing a written or electronic verbatim record of the proceedings. Any
party may
request that the hearing officer issue a subpoena to compel the testimony of
witnesses or
the production of documents relevant to the resolution of the hearing.
Whenever a person
refuses to comply with any subpoena issued under this Section, the circuit
court of the
county in which that hearing is pending, on application of the impartial
hearing officer or
the party requesting the issuance of the subpoena, may compel compliance
through the
contempt powers of the court in the same manner as if the requirements of a
subpoena
issued by the court had been disobeyed.
(k) The impartial hearing officer shall issue a final written decision, including
findings of fact and conclusions of law, within 10 school days after the conclusion of
the hearing
and mail a copy of the decision to the parents or student (if the
student requests
the hearing), the school district, the director of special education, legal
representatives of
the parties, and the State Board of Education.
(l) The hearing officer presiding over the expedited hearing shall hear only that
issue
or issues identified by IDEA as proper for expedited hearings, leaving all
other issues to
be heard under a separate request to be initiated and processed in accordance
with the
hearing procedures provided for in this Article and in accordance with the
implementing
regulations.
(Source: P.A. 94-1100, eff. 2-2-07.)
(105 ILCS 5/14-8.02c)
Sec. 14-8.02c. Due process hearing officers.
(a) The State Board of Education shall establish a corps of hearing officers in accordance with this Section and may, with the advice and approval of the Advisory Council on Education of Children with Disabilities, adopt rules consistent with this Section to establish the qualifications of and application process for hearing officers.
(b) Hearing officers must, at a minimum, (i) possess a master's or doctor's degree in education or another field related to disability issues or a juris doctor degree; (ii) have knowledge of and the ability to understand the requirements of the federal Individuals with Disabilities Education Act, Article 14 of this Code, the implementation of rules or regulations of these federal and State statutes, and the legal interpretation of the statutes, rules, and regulations by federal and State courts; (iii) have the knowledge and ability to conduct hearings in accordance with appropriate, standard, legal practice; and (iv) have the knowledge and ability to render and write decisions in accordance with appropriate, standard, legal practice. Current employees of the State Board of Education, school districts, special education cooperatives, regional service areas or centers, regional educational cooperatives, State-operated elementary and secondary schools, or private providers of special education facilities or programs may not serve as hearing officers.
(c) If, at any time, the State Board of Education determines that additional hearing officers are needed, the State Board of Education shall recruit hearing officer candidates who meet the criteria set forth in subsection (b) of this Section.
(d) Candidates shall be screened by a 7-member Screening Committee consisting of the following: the Attorney General or his or her designee; the State Superintendent of Education or his or her designee; 3 members appointed by the State Superintendent of Education, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district, another of whom shall be a director of special education for an Illinois school district or special education joint agreement, and the other of whom shall be an adult with a disability; and 2 members appointed by the Attorney General, one of whom shall be a parent of an individual who is or at one time was eligible to receive special education and related services in an Illinois school district and the other of whom shall be an experienced special education hearing officer who is not a candidate for appointment under this Section. The chairperson of the Advisory Council on Education of Children with Disabilities or his or her designee shall serve on the Screening Committee as an ex-officio, non-voting member. Appointments and reappointments to the Screening Committee shall be for terms of 3 years. In the event that a member vacates a seat on the Screening Committee prior to the expiration of his or her term, a new member shall be appointed, shall serve the balance of the vacating member's term, and shall be eligible for subsequent reappointment. The Screening Committee shall elect a chairperson from among its voting members. Members of the Screening Committee shall serve without compensation but shall be reimbursed by the State Board of Education for their reasonable expenses. The Screening Committee shall review hearing officer applications and supporting information, interview candidates, and recommend candidates to the Advisory Council on Education of Children with Disabilities based upon objective criteria the Screening Committee develops and makes available to the public. All discussions and deliberations of the Screening Committee and Advisory Council referenced anywhere in this Section pertaining to the review of applications of hearing officer candidates, the interviewing of hearing officer candidates, the recommendation of hearing officer candidates for appointment, and the recommendation of hearing officers for reappointment are excepted from the requirements of the Open Meetings Act, pursuant to item (15) of subsection (c) of Section 2 of the Open Meetings Act.
(e) All hearing officer candidates recommended to the Advisory Council on Education of Children with Disabilities shall successfully complete initial training, as established by the contract between the State Board of Education and the training entity, as described in subsection (f), in order to be eligible to serve as an impartial due process hearing officer. The training shall include, at a minimum, instruction in federal and State law, rules, and regulations, federal regulatory interpretations and State and federal court decisions regarding special education and relevant general educational issues, diagnostic procedures, information about disabilities, instruction on conducting effective and impartial hearings in accordance with appropriate, standard, legal practice (including without limitation the handling of amended requests), and instruction in rendering and writing hearing decisions in accordance with appropriate, standard, legal practice. The training must be conducted in an unbiased manner by educational and legal experts, including qualified individuals from outside the public educational system. Upon the completion of the initial training, the Advisory Council on Education of Children with Disabilities, applying objective selection criteria it has developed and made available to the public, shall go into executive session and select the number of hearing officers deemed necessary by the State Board of Education from those candidates who have successfully completed the initial training. Upon selecting the candidates, the Advisory Council shall forward its recommendations to the State Superintendent of Education for final selection. The hearing officers appointed by the State Superintendent of Education shall serve an initial term of one year, subject to any earlier permissible termination by the State Board of Education.
(f) The State Board of Education shall, through a competitive application process, enter into a contract with an outside entity to establish and conduct mandatory training programs for hearing officers. The State Board of Education shall also, through a competitive application process, enter into a contract with an outside entity, other than the entity providing mandatory training, to conduct an annual evaluation of each hearing officer and to investigate complaints against hearing officers, in accordance with procedures established by the State Board of Education in consultation with the Screening Committee. The invitation for applications shall set forth minimum qualifications for eligible applicants. Each contract under this subsection (f) may be renewed on an annual basis, subject to appropriation. The State Board of Education shall conduct a new competitive application process at least once every 3 years after the initial contract is granted. The Screening Committee shall review the training proposals and evaluation and investigation proposals and forward them, with recommendations in rank order, to the State Board of Education.
(g) The evaluation and investigation entity described in subsection (f) of this Section shall conduct an annual written evaluation of each hearing officer and provide the evaluation to the Screening Committee for its consideration in the reappointment process. The evaluation shall include a review of written decisions and any communications regarding a hearing officer's conduct and performance by participants in impartial due process hearings and their representatives. Each hearing officer shall be provided with a copy of his or her written evaluation report and shall have an opportunity, within 30 days after receipt, to review the evaluation with the evaluation and investigation entity and submit written comments. The annual evaluation of each hearing officer, along with the hearing officer's written comments, if any, shall be submitted to the Screening Committee for consideration no later than April 1 of each calendar year. The Screening Committee, based on objective criteria and any evaluation reports prepared by the training entity, shall, on an annual basis, recommend whether the hearing officer should be reappointed for a one-year term and shall forward its recommendations to the Advisory Council on Education of Children with Disabilities. The Advisory Council shall go into executive session and shall review the recommendations of the Screening Committee for the purpose of either ratifying or rejecting the recommendations of the Screening Committee. The Advisory Council shall then forward its list of ratified and rejected appointees to the State Superintendent of Education, who shall determine the final selection of hearing officers for reappointment. Each reappointed hearing officer shall serve a term of one year, subject to any earlier permissible termination by the State Board of Education.
(h) Hearing officers shall receive a base annual stipend and per diem allowance for each hearing at a rate established by the State Board of Education.
The State Board of Education shall provide hearing officers with access to relevant court decisions, impartial hearing officer decisions with child-specific identifying information deleted, statutory and regulatory changes, and federal regulatory interpretations. The State Board of Education shall index and maintain a reporting system of impartial due process hearing decisions and shall make these decisions available for review by the public after deleting child-specific identifying information.
(i) A hearing officer may be terminated by the State Board of Education for just cause if, after written notice is provided to the hearing officer, appropriate timely corrective action is not taken. For purposes of this subsection (i), just cause shall be (1) the failure or refusal to accept assigned cases without good cause; (2) the failure or refusal to fulfill his or her duties as a hearing officer in a timely manner; (3) consistent disregard for applicable laws and rules in the conduct of hearings; (4) consistent failure to conduct himself or herself in a patient, dignified, and courteous manner to parties, witnesses, counsel, and other participants in hearings; (5) the failure to accord parties or their representatives a full and fair opportunity to be heard in matters coming before him or her; (6) violating applicable laws regarding privacy and confidentiality of records or information; (7) manifesting, by words or conduct, bias or prejudice based upon race, sex, religion, disability, or national origin; (8) failure to recuse himself or herself from a hearing in which he or she has a personal, professional, or financial conflict of interest that he or she knew or should have known existed at any time prior to or during the hearing; (9) conviction in any jurisdiction of any felony or of a misdemeanor involving moral turpitude; or (10) falsification of a material fact on his or her application to serve as a hearing officer. In addition, a hearing officer who, as a result of events occurring after appointment, no longer meets the minimum requirements set forth in this Section, shall be disqualified to complete the balance of his or her term.
(Source: P.A. 94-1100, eff. 2-2-07.)
(105 ILCS 5/14-8.02d)
Sec. 14-8.02d. Evaluation of due process hearing system. The State Board of Education shall monitor, review, and evaluate the impartial due process hearing system on a regular basis by a process that includes a review of written decisions and evaluations by participants in impartial due process hearings and their representatives. The State Board of Education shall annually post to its website by August 1 data on the performance of the due process hearing system, including data on timeliness of hearings and an analysis of the issues and disability categories underlying hearing requests.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-8.02e)
Sec. 14-8.02e. State complaint procedures.
(a) The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations. The State Board of Education, by rule, shall establish State complaint procedures consistent with this Section. A school district or other public entity shall be required to submit a written response to a complaint within the time prescribed by the State Board of Education following receipt of the complaint. A copy of the response and all documentation submitted by the respondent to the State Board of Education, including corrective action compliance documentation, must be simultaneously provided by the respondent to the complainant or to the attorney for the complainant. If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is emancipated and has assumed responsibility for his or her own educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant.
(b) For a complaint made under procedures authorized under this Section alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by a school district organized under Article 34 as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the complaint must be filed on or before September 30, 2022. This filing deadline must be included in the written notification sent by the school district under subsection (b) of Section 14-8.02g.
(Source: P.A. 101-507, eff. 8-23-19; 102-429, eff. 8-20-21.)
(105 ILCS 5/14-8.02f)
Sec. 14-8.02f. Individualized education program meeting protections.
(a) (Blank).
(b) This subsection (b) applies only to a school district organized under Article 34. No later than 10 calendar days prior to a child's individualized education program meeting or as soon as possible if a meeting is scheduled within 10 calendar days with written parental consent, the school board or school personnel must provide the child's parent or guardian with a written notification of the services that require a specific data collection procedure from the school district for services related to the child's individualized education program. The notification must indicate, with a checkbox, whether specific data has been collected for the child's individualized education program services. For purposes of this subsection (b), individualized education program services must include, but are not limited to, paraprofessional support, an extended school year, transportation, therapeutic day school, and services for specific learning disabilities.
(c) Beginning on July 1, 2020, no later than 3 school days prior to a meeting to determine a child's eligibility for special education and related services or to review a child's individualized education program, or as soon as possible if an individualized education program meeting is scheduled within 3 school days with the written consent of the child's parent or guardian, the local education agency must provide the child's parent or guardian copies of all written material that will be considered by the individualized education program team at the meeting so that the parent or guardian may participate in the meeting as a fully-informed team member. The parent or guardian shall have the option of choosing from the available methods of delivery, which must include regular mail and picking up the materials at school. For a meeting to determine the child's eligibility for special education, the written material must include all evaluations and collected data that will be considered at the meeting. For a child who is already eligible for special education and related services, the written material must include a copy of all individualized education program components that will be discussed by the individualized education program team, other than the components related to the educational and related service minutes proposed for the child and the child's placement. Parents shall also be informed of their right to review and copy their child's school student records prior to any special education eligibility or individualized education program review meeting, subject to the requirements of applicable federal and State law.
(d) Local education agencies must make logs that record the delivery of related services administered under the child's individualized education program and the minutes of each type of related service that has been administered available to the child's parent or guardian at any time upon request of the child's parent or guardian. For purposes of this subsection (d), related services for which a log must be made are: speech and language services, occupational therapy services, physical therapy services, school social work services, school counseling services, school psychology services, and school nursing services. The local education agency must inform the child's parent or guardian within 20 school days from the beginning of the school year or upon establishment of an individualized education program of his or her ability to request those related service logs.
(d-5) If, at a meeting to develop or revise a child's individualized education program, the individualized education program team determines that a certain service is required in order for the child to receive a free, appropriate public education and that service is not implemented within 10 school days after the service was to be initiated as set forth by the child's individualized education program, then the local education agency shall provide the child's parent or guardian with written notification that the service has not yet been implemented. The notification must be provided to the child's parent or guardian within 3 school days of the local education agency's non-compliance with the child's individualized education program and must inform the parent or guardian about the school district's procedures for requesting compensatory services. In this subsection (d-5), "school days" does not include days where a child is absent from school for reasons unrelated to a lack of individualized education program services or when the service is available, but the child is unavailable.
(e) The State Board of Education may create a telephone hotline to address complaints regarding the special education services or lack of special education services of a school district subject to this Section. If a hotline is created, it must be available to all students enrolled in the school district, parents or guardians of those students, and school personnel. If a hotline is created, any complaints received through the hotline must be registered and recorded with the State Board's monitor of special education policies. No student, parent or guardian, or member of school personnel may be retaliated against for submitting a complaint through a telephone hotline created by the State Board under this subsection (e).
(f) A school district subject to this Section may not use any measure that would prevent or delay an individualized education program team from adding a service to the program or create a time restriction in which a service is prohibited from being added to the program. The school district may not build functions into its computer software that would remove any services from a student's individualized education program without the approval of the program team and may not prohibit the program team from adding a service to the program.
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
(105 ILCS 5/14-8.02g)
Sec. 14-8.02g. Written notification required for delays and denials of special education services.
(a) This Section applies only to a school district organized under Article 34.
(b) With respect to a student enrolled in the school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a separate written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under Section 14-8.02e, State-sponsored mediation, or an impartial due process hearing under Section 14-8.02a. The written notification must include contact information for the State Board of Education, a list of organizations that provide free or low-cost legal services, advocacy, and advice on special education matters, and the filing deadline under subsection (b) of Section 14-8.02e. The written notification must be posted on the home page of the school district's public website and must, at least once, be included with any written informational materials for parents sent home with the student.
(Source: P.A. 101-507, eff. 8-23-19.)
(105 ILCS 5/14-8.02h)
Sec. 14-8.02h. Response to scientific, research-based intervention.
(a) In this Section, "response to scientific, research-based intervention" or "multi-tiered system of support" means a tiered process of appropriate instruction and support that utilizes differentiated instructional strategies for students, provides students with an evidence-based curriculum and interventions aligned with State standards, continuously monitors student performance using scientific, research-based progress monitoring instruments, and makes data-driven educational decisions based on a student's response to the interventions. Response to scientific, research-based intervention or a multi-tiered system of support uses a problem-solving method to define the problem, analyzes the problem using data to determine why there is a discrepancy between what is expected and what is occurring, establishes one or more student performance goals, develops an intervention plan to address the performance goals, and delineates how the student's progress will be monitored and how implementation integrity will be ensured.
(b) (Blank).
(c) The response to scientific, research-based intervention or a multi-tiered system of support process should use a collaborative team approach and include the engagement of and regular communication with the child's parent or guardian. The parent or guardian of a child shall be provided with written notice of the school district's use of scientific, research-based intervention or a multi-tiered system of support for the child and may be part of the collaborative team approach at the discretion of the school district. The parent or guardian shall be provided all data collected and reviewed by the school district with regard to the child in the scientific, research-based intervention or multi-tiered system of support process. The State Board of Education may provide guidance to school districts and identify available resources related to facilitating parent or guardian engagement in the response to scientific, research-based intervention or a multi-tiered system of support process.
(d) Nothing in this Section affects the responsibility of a school district to identify, locate, and evaluate children with disabilities who are in need of special education services in accordance with the federal Individuals with Disabilities Education Act, this Code, or any applicable federal or State rules.
(Source: P.A. 101-515, eff. 8-23-19; 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
(105 ILCS 5/14-8.02i)
Sec. 14-8.02i. ABLE account program information. Beginning with the 2023-2024 school year, a school district shall provide informational material about the Achieving a Better Life Experience (ABLE) account program established under Section 16.6 of the State Treasurer Act to the parent or guardian of a student at the student's annual individualized education program (IEP) review meeting, whether the annual review meeting is held in person, convened remotely, or convened in any other manner. The Office of the State Treasurer shall prepare and deliver the informational material to the State Board of Education, and the State Board of Education shall distribute the informational material to school districts.
A school may transmit the informational material to a parent or guardian in the same manner as other documents and information related to an IEP meeting are provided to the parent or guardian.
(Source: P.A. 102-841, eff. 5-13-22.)
(105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)
Sec. 14-8.03. Transition services.
(a) For purposes of this Section:
"Independent living skills" may include, without limitation, personal hygiene, health care, fitness, food preparation and nutrition, home management and safety, dressing and clothing care, financial management and wellness, self-esteem, self-advocacy, self-determination, community living, housing options, public safety, leisure and recreation, and transportation.
"Transition services" means a coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, which may include for-credit courses, career and technical education, and non-credit courses and instruction, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (ii) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and (iii) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills, benefits counseling and planning, work incentives education, and the provision of a functional vocational evaluation. Transition services for a child with a disability may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education.
(a-5) Beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 (or younger if determined appropriate by the IEP Team) and updated annually thereafter, the IEP must include (i) measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to training, education, employment, and independent living skills and (ii) the transition services needed to assist the student in reaching those goals, including courses of study.
As a component of transition planning, the school district shall provide the student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities. The CTE information shall include a list of programming options, the scope and sequence of study for pursuing those options, and the locations of those options. A student in high school with an IEP may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals.
(b) Transition planning must be conducted as part of the IEP process and must be governed by the procedures applicable to the development, review, and revision of the IEP, including notices to the parents and student, parent and student participation, and annual review. To appropriately assess and develop IEP transition goals and transition services for a child with a disability,
additional participants may be
necessary
and may be invited by the school district, parent, or student to participate in the transition planning process.
Additional participants
may include without limitation a
representative from the Department of Human Services or another State agency,
a case coordinator, or persons representing other public or community agencies or
services, such as adult service providers, disability services coordinators of public community colleges, and a CTE coordinator. The IEP shall identify
each person
responsible for coordinating and
delivering transition services. If the IEP team determines that the student requires transition services from a public or private entity outside of the school district, the IEP team shall identify potential outside resources, assign one or more IEP team members to contact the appropriate outside entities, make the necessary referrals, provide any information and documents necessary to complete the referral, follow up with the entity to ensure that the student has been successfully linked to the entity, and monitor the student's progress to determine if the student's IEP transition goals and benchmarks are being met. The student's IEP shall indicate one or more specific time periods during the school year when the IEP team shall review the services provided by the outside entity and the student's progress in such activities. The public school's responsibility for
delivering educational services does not extend beyond the time the student
leaves school or when the student's eligibility ends due to age under this Article.
(c) A school district shall submit annually a summary of each eligible
student's IEP transition goals and transition services resulting from the IEP Team
meeting to the appropriate local Transition Planning Committee. If
students with disabilities who are ineligible for special education services
request transition services, local public school districts shall assist those
students by identifying post-secondary school goals, delivering appropriate
education services, and coordinating with other agencies and services for
assistance.
(Source: P.A. 102-516, eff. 8-20-21.)
(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)
Sec. 14-8.04. Supported employment. The school board that is the
governing body of any secondary school in this State that provides special
education services and facilities for children with
disabilities shall include,
as part of preparing the transition planning for children with disabilities who are
16 years of age or more, consideration of a supported employment component
with experiences in integrated community settings for those eligible children
with disabilities who have been determined at an
IEP meeting to be in
need of participation in the supported employment services offered pursuant
to this Section.
Supported employment services made available as part of transition
planning under this Section shall be designed and developed for school
boards by the State Board of Education, in consultation with programs such
as Project CHOICES (Children Have Opportunities In Integrated Community
Environments), parents and advocates of children with disabilities, and the
Departments of Central Management Services and Human
Services.
(Source: P.A. 98-44, eff. 6-28-13; 99-143, eff. 7-27-15.)
(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
Sec. 14-8.05.
Behavioral intervention.
(a) The General Assembly finds and declares that principals and teachers
of students with disabilities require training and guidance that provide
ways for working successfully with children who have difficulties
conforming to acceptable behavioral patterns in order to provide an
environment in which learning can occur. It is the intent of the General
Assembly:
(b) On or before September 30, 1993, the State Superintendent of Education
shall conduct a statewide study of the use of behavioral interventions with
students with disabilities receiving special education and related
services. The study shall include, but not necessarily be limited to
identification of the frequency in the use of behavioral interventions; the
number of districts with policies in place for working with children
exhibiting continuous serious behavioral problems; how policies, rules, or
regulations within districts differ between emergency and routine
behavioral interventions commonly practiced; the nature and extent of costs
for training provided to personnel for implementing a program of
nonaversive behavioral interventions; and the nature and extent of costs
for training provided to parents of students with disabilities who would
be receiving behavioral interventions. The scope of the study shall be
developed by the State Board of Education, in consultation with individuals and
groups representing parents, teachers, administrators, and advocates. On or
before June 30, 1994, the State Board of Education shall issue guidelines based
on the study's findings. The guidelines shall address, but not be limited to,
the following: (i) appropriate behavioral interventions, and (ii) how to
properly document the need for and use of behavioral interventions in the
process of developing individualized education plans for students with
disabilities. The guidelines shall be used as a reference to assist school
boards in developing local policies and procedures in accordance with this
Section. The State Board of Education, with the advice of parents of students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities, shall review its behavioral intervention guidelines at least once
every 3 years to determine their continuing appropriateness and effectiveness
and shall make such modifications in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a committee to develop
policies and procedures on the use of behavioral interventions for students
with disabilities who require behavioral intervention. The policies and
procedures shall be adopted and implemented by school boards by January 1,
1996, shall be amended as necessary to comply with the rules established by
the State Board of Education under Section 2-3.130 of this Code
not later than one month after commencement of the school year after the State
Board of Education's rules are adopted,
and shall: (i) be developed with the advice of parents with students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities; (ii) emphasize positive interventions that are designed to
develop and strengthen desirable behaviors; (iii) incorporate procedures and
methods consistent with generally accepted practice in the field of behavioral
intervention; (iv) include criteria for determining when a student with
disabilities may require a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed and considered
and provide the address of the State Board of Education so that copies of the
State Board of Education behavioral guidelines may be requested; and (vi)
include procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of its local
policies and procedures to parents and guardians of all students with
individualized education plans within 15 days after the policies and procedures
have been adopted by the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an individualized
education plan is first implemented for the student, and (ii) require that each
school inform its students of the existence of the policies and procedures
annually. Provided, at the annual individualized education plan review, the
school board shall (1) explain the local policies and procedures, (2) furnish a
copy of the local policies to parents and guardians, and (3) make available,
upon request of any parents and guardians, a copy of local procedures.
(d) The State Superintendent of Education shall consult with representatives
of institutions of higher education and the State Teacher Certification Board
in regard to the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions
consistent with professionally accepted practices and standards for people
entering the field of education.
(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
(105 ILCS 5/14-9.01) (from Ch. 122, par. 14-9.01)
Sec. 14-9.01. Qualifications of teachers, other professional personnel
and necessary workers. No person shall be employed to teach any class or
program authorized by this Article who does not hold a valid teacher's
license as provided by law and unless he has had such special training
as the State Board of Education may require. No special license or
endorsement to a special license issued under Section 21B-30 of this Code shall be valid for teaching students with visual
disabilities unless the person to whom the license or endorsement is issued
has attained satisfactory performance on an examination that is designed to
assess competency in Braille reading and writing skills according to standards
that the State Board of Education may adopt. Evidence of successfully
completing the examination of Braille reading and writing skills must be
submitted to the State Board of Education prior to an applicant's taking
of the content area test required under Section 21B-30 of this Code. In addition to other requirements, a candidate for a teaching
license in the area of the deaf and hard of hearing granted by the
Illinois State Board of Education for teaching deaf and hard of hearing
students in grades pre-school through grade 12 must demonstrate a minimum
proficiency in sign language as determined by the Illinois State Board of
Education. All other professional personnel employed in any class, service,
or program authorized by this Article shall hold such licenses and shall
have had such special training as the State Board of Education may require;
provided that in a school district organized under Article 34, the school
district may employ speech and language pathologists who are licensed under the
Illinois Speech-Language Pathology and Audiology Practice Act but who do not
hold a license issued under this Code if the district certifies that
a chronic shortage of licensed personnel exists. Nothing contained in this
Act prohibits the school board from employing necessary workers to assist the
teacher with the special educational facilities, except that all such necessary
workers must have had such training as the State Board of Education may
require.
The State Board of Education shall develop,
in consultation with the Advisory Council on the Education of Children with
Disabilities and the Advisory Council on Bilingual Education, rules governing
the qualifications for licensure of teachers and school service personnel
providing services to English learners receiving special
education and related services.
The employment of any teacher in a special education program provided
for in Sections 14-1.01 to 14-14.01, inclusive, shall be subject to
the provisions of Sections 24-11 to 24-16, inclusive. Any teacher
employed in a special education program, prior to the effective date of
this amendatory Act of 1987, in which 2 or more districts
participate shall enter upon contractual continued service in each of
the participating districts subject to the provisions of Sections 24-11
to 24-16, inclusive.
(Source: P.A. 102-894, eff. 5-20-22.)
(105 ILCS 5/14-10.01) (from Ch. 122, par. 14-10.01)
Sec. 14-10.01.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)
Sec. 14-11.01. Educational materials coordinating
unit. The State Board
of Education shall maintain or contract for an educational materials
coordinating
unit for children with disabilities to provide:
The educational materials coordinating unit shall have as its major purpose
the improvement of instructional programs for children with
disabilities and the
in-service training of all professional personnel associated with programs
of special education and to these ends is authorized to operate under rules
and regulations of the State Board of Education with the advice of the Advisory
Council.
(Source: P.A. 99-143, eff. 7-27-15.)
(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
Sec. 14-11.02.
Notwithstanding any other Sections of this Article, the
State Board of Education shall develop and operate or contract for the
operation of a service center for persons who are deaf-blind. For the
purpose of this Section, persons with deaf-blindness are persons who have
both auditory and visual impairments, the combination of which causes such
severe communication and other developmental, educational, vocational and
rehabilitation problems that such persons cannot be properly accommodated
in special education or vocational rehabilitation programs solely for
persons with both hearing and visual disabilities.
To be eligible for deaf-blind services, a person must have (i) a visual
impairment and an auditory impairment, or (ii) a condition in which there
is a progressive loss of hearing or vision or both that results in
concomitant vision and hearing impairments and that adversely affects
educational performance as determined by the multidisciplinary conference.
For purposes of this paragraph and Section:
The State Board of Education is empowered to establish, maintain
and operate or contract for the operation of a permanent state-wide
service center known as the Philip J. Rock Center and School. The School
serves eligible children between the ages of 3 and 21; the Center serves
eligible persons of all ages. Services provided by the Center
include, but are not limited to:
The Advisory Board for Services for Persons who are Deaf-Blind shall
provide advice to the State Superintendent of Education, the Governor, and
the General Assembly on all matters pertaining to policy concerning persons
who are deaf-blind, including the implementation of legislation enacted on
their behalf.
Regarding the maintenance, operation and education functions of the
Philip J. Rock Center and School, the Advisory Board shall also make
recommendations pertaining to but not limited to the following matters:
The Advisory Board shall consist of 3 persons appointed by the Governor; 2
persons appointed by the State Superintendent of Education; 4 persons
appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children
and Family Services. The 3 appointments of the Governor shall consist
of a senior citizen 60 years of age or older, a consumer who is deaf-blind,
and a parent of a person who is deaf-blind; provided that if any
gubernatorial appointee serving on the Advisory Board on the effective date
of this amendatory Act of 1991 is not either a senior citizen 60 years of
age or older or a consumer who is deaf-blind or a parent of a person who is
deaf-blind, then whenever that appointee's term of office expires or a
vacancy in that appointee's office sooner occurs, the Governor shall make
the appointment to fill that office or vacancy in a manner that will
result, at the earliest possible time, in the Governor's appointments to
the Advisory Board being comprised of one senior citizen 60 years of age or
older, one consumer who is deaf-blind, and one parent of a person who is
deaf-blind. One person designated by each agency other than the Department
of Human Services may be an employee of that agency. Two persons
appointed by the Secretary of Human Services may be employees of the Department
of Human Services. The appointments
of each appointing authority other than the
Governor shall include at least one parent of an individual who is
deaf-blind or a person who is deaf-blind.
Vacancies in terms shall be filled by the original appointing authority.
After the original terms, all terms shall be for 3 years.
Except for those members of the Advisory Board who are compensated
for State service on a full-time basis, members shall be reimbursed for
all actual expenses incurred in the performance of their duties. Each
member who is not compensated for State service on a full-time basis
shall be compensated at a rate of $50 per day which he spends on Advisory
Board duties. The Advisory Board shall meet at least 4 times per year and
not more than 12 times per year.
The Advisory Board shall provide for its own organization.
Six members of the Advisory Board shall constitute a quorum. The
affirmative vote of a majority of all members of the Advisory Board
shall be necessary for any action taken by the Advisory Board.
(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; 89-507, eff.
7-1-97.)
(105 ILCS 5/14-11.03) (from Ch. 122, par. 14-11.03)
Sec. 14-11.03.
Illinois Service Resource Center.
The State Board of
Education shall maintain, subject to appropriations for
such purpose,
the Service
Resource Center for children and adolescents through the age of 21 who are
deaf or hard-of-hearing and have an emotional or behavioral
disorder. For the purpose of this Section,
"children and adolescents who are deaf or hard-of-hearing and have an
emotional or behavioral disorder"
have an auditory impairment that is serious enough to warrant an array of
special services and special education programs in order to assist both
educationally and socially and the behavior is seriously disruptive and
unacceptable to peers, educational staff, and persons in the community, or
presents a danger to self or others.
The State Board shall operate or contract for
the
operation of the Illinois Service Resource Center for
children and adolescents through the age of 21 who are deaf or hard-of-hearing
and have an emotional or behavioral
disorder. The Illinois Service Resource Center shall function as the initial point of contact for students,
parents, and professionals. All existing and future services shall be
coordinated through the Center.
The Illinois Service Resource Center shall:
(a) Develop and maintain a directory of public and private resources,
including crisis intervention.
(b) Establish and maintain a Statewide identification and tracking system.
(c) Develop, obtain, and assure the consistency of screening instruments.
(d) Perform case coordination, referral, and consultation services.
(e) Provide technical assistance and training for existing programs and
providers.
(f) Track the allocation and expenditure of State and federal funds.
(g) Monitor, evaluate, and assess Statewide resources, identification of
services gaps, and the development and delivery of services.
(h) Identify by geographical areas the need for establishing evaluation and
crisis intervention services and establish a pilot in downstate Illinois. The
Service Resource Center shall provide for the coordination of services for
children who are deaf or hard-of-hearing and have an emotional or behavioral
disorder throughout the
State
and shall pilot a service delivery model to identify the capacity and need for
comprehensive evaluation, crisis management, stabilization, referral,
transition, family intervention, and follow-up services.
(i) Integrate the recommendations of the Interagency Board for Children who are Deaf or Hard-of-Hearing and
have an Emotional or Behavioral Disorder regarding policies affecting
children who are
deaf or hard-of-hearing and have an emotional or behavioral
disorder.
(j) Provide limited direct services as required.
The Center, if established, shall operate on a no-reject basis. Any child or
adolescent diagnosed as
deaf or hard-of-hearing and having an emotional or behavioral
disorder under this Act
who is referred to the Center for services shall qualify for services of the
Center. The requirement of the no-reject basis shall be paramount in
negotiating contracts and in supporting other agency services.
(Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)
(105 ILCS 5/14-12.01) (from Ch. 122, par. 14-12.01)
Sec. 14-12.01. Account of expenditures - Cost report - Reimbursement. Each school board shall keep an accurate, detailed and separate account
of all monies paid out by it for the maintenance of each of the types of
facilities, classes and schools authorized by this Article for the
instruction and care of pupils attending them and for the cost of their
transportation, and shall annually report thereon indicating the cost of
each such elementary or high school pupil for the school year ending
June 30.
Applications for preapproval for reimbursement for costs of special
education must be first submitted through the office of the regional
superintendent of schools to the State Superintendent of Education on or
before 30 days after a special class or service is started.
Applications shall set forth a plan for special education established
and maintained in accordance with this Article. Such applications shall
be limited to the cost of construction and maintenance of special
education facilities designed and utilized to house instructional
programs, diagnostic services, other special education services for children with disabilities and reimbursement as provided in
Section 14-13.01.
Such application shall not include the cost of construction or
maintenance of any administrative facility separated from special
education facilities designed and utilized to house instructional
programs, diagnostic services, and other special education services for
children with disabilities. Reimbursement claims for
special education shall
be made as follows:
Each district shall file its claim computed in accordance with rules
prescribed by the State Board of Education
for
approval on forms prescribed by the State Superintendent of Education.
Data used as a basis of reimbursement claims shall be for the school
year ended on June 30 preceding. Each school district shall transmit to the State Superintendent of
Education its claims on or before
August 15. The State Superintendent of Education before approving any
such claims shall determine their accuracy and whether they are based
upon services and facilities provided under approved programs. Upon
approval, vouchers for the amounts due the respective districts shall be prepared
and submitted during each fiscal year as follows: the first 3 vouchers
shall be prepared by the State Superintendent of Education and transmitted
to the Comptroller on the 30th day of September, December and March,
respectively, and the final voucher, no later than June 20. If, after
preparation and transmittal of the September 30 vouchers, any claim has
been redetermined by the State Superintendent of Education, subsequent
vouchers shall be adjusted in amount to compensate for any overpayment
or underpayment previously made. If the money appropriated by the General
Assembly for such purpose for any year is insufficient, it shall be
apportioned on the basis of the claims approved.
Claims received at the State Board of Education after August 15 shall
not be honored.
(Source: P.A. 94-1100, eff. 2-2-07.)
(105 ILCS 5/14-12.02)
Sec. 14-12.02. (Repealed).
(Source: P.A. 85-1150. Repealed by P.A. 94-1105, eff. 6-1-07.)
(105 ILCS 5/14-13.01) (from Ch. 122, par. 14-13.01)
Sec. 14-13.01. Reimbursement payable by State; amounts for personnel and transportation.
(a) Through fiscal year 2017, for staff working on behalf of children who have not been identified as eligible for special
education and for eligible children with physical
disabilities, including all
eligible children whose placement has been determined under Section 14-8.02 in
hospital or home instruction, 1/2 of the teacher's salary but not more than
$1,000 annually per child or $9,000 per teacher, whichever is less.
(a-5) A child qualifies for home or hospital instruction if it is anticipated that, due to a medical condition, the child will be unable to attend school, and instead must be instructed at home or in the hospital, for a period of 2 or more consecutive weeks or on an ongoing intermittent basis. For purposes of this Section, "ongoing intermittent basis" means that the child's medical condition is of such a nature or severity that it is anticipated that the child will be absent from school due to the medical condition for periods of at least 2 days at a time multiple times during the school year totaling at least 10 days or more of absences. There shall be no requirement that a child be absent from school a minimum number of days before the child qualifies for home or hospital instruction. In order to establish eligibility for home or hospital services, a student's parent or guardian must submit to the child's school district of residence a written statement from a physician licensed to practice medicine in all of its branches, a licensed physician assistant, or a licensed advanced practice registered nurse stating the existence of such medical condition, the impact on the child's ability to participate in education, and the anticipated duration or nature of the child's absence from school. Home or hospital instruction may commence upon receipt of a written physician's, physician assistant's, or advanced practice registered nurse's statement in accordance with this Section, but instruction shall commence not later than 5 school days after the school district receives the physician's, physician assistant's, or advanced practice registered nurse's statement. Special education and related services required by the child's IEP or services and accommodations required by the child's federal Section 504 plan must be implemented as part of the child's home or hospital instruction, unless the IEP team or federal Section 504 plan team determines that modifications are necessary during the home or hospital instruction due to the child's condition.
(a-10) Through fiscal year 2017, eligible children
to be included in any reimbursement under this paragraph must regularly
receive a minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section. If the
attending physician, physician assistant, or advanced practice registered nurse for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child shall be
computed proportionate to the actual hours of instruction per week for
that child divided by 5.
(a-15) The State Board of Education shall establish rules governing the required qualifications of staff providing home or hospital instruction.
(b) For children described in Section 14-1.02, 80% of the cost of
transportation approved as a related service in the Individualized Education Program for each student
in order to take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as provided
in Section 29-5 of this Code. For purposes of this subsection (b), the dates for
processing claims specified in Section 29-5 shall apply.
(c) Through fiscal year 2017, for each qualified worker, the annual sum of
$9,000.
(d) Through fiscal year 2017, for one full-time qualified director of the special education
program of each school district which maintains a fully approved program
of special education, the annual sum of $9,000. Districts participating in a joint agreement special
education program shall not receive such reimbursement if reimbursement is made
for a director of the joint agreement program.
(e) (Blank).
(f) (Blank).
(g) Through fiscal year 2017, for readers working with blind or partially seeing children, 1/2
of their salary but not more than $400 annually per child. Readers may
be employed to assist such children and shall not be required to be
certified but prior to employment shall meet standards set up by the
State Board of Education.
(h) Through fiscal year 2017, for non-certified employees, as defined by rules promulgated by the State Board of Education, who deliver services to students with IEPs, 1/2 of the salary paid or
$3,500 per employee, whichever is less.
(i) The State Board of Education shall set standards and prescribe rules
for determining the allocation of reimbursement under this section on
less than a full time basis and for less than a school year.
When any school district eligible for reimbursement under this
Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of the
adopted school calendar but not to exceed 235 school days, such
reimbursement shall be increased by 1/180 of the amount or rate paid
hereunder for each day such school is operated in excess of 180 days per
calendar year.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
29-5 of this Code may classify all or a portion of the funds that it receives
in a particular fiscal year or from evidence-based funding pursuant to Section 18-8.15
of this Code as
funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or evidence-based funding
to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
No funding shall be provided to school districts under this Section after fiscal year 2017. In fiscal year 2018 and each fiscal year thereafter, all funding received by a school district from the State pursuant to Section 18-8.15 of this Code that is attributable to personnel reimbursements for special education pupils must be used for special education services authorized under this Code.
(Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17; 100-863, eff. 8-14-18.)
(105 ILCS 5/14-14.01) (from Ch. 122, par. 14-14.01)
Sec. 14-14.01.
Warrants for reimbursement.
The State Comptroller shall draw his warrants on the State Treasurer on
or before September 30 of each year for the respective sums for
reimbursement for special education reported to him on presentation of
vouchers approved by the State Superintendent of Education.
(Source: P.A. 83-729.)
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
Sec. 14-15.01. Community and Residential Services Authority.
(a) (1) The Community and Residential Services Authority is
hereby created and shall consist of the following members:
A representative of the State Board of Education;
Four representatives of the Department of Human Services appointed by the Secretary of Human Services,
with one member from the Division of Community Health and
Prevention, one member from the Division of Developmental Disabilities, one member
from the Division of Mental Health, and one member from the Division of
Rehabilitation Services;
A representative of the Department of Children and Family Services;
A representative of the Department of Juvenile Justice;
A representative of the Department of Healthcare and Family Services;
A representative of the Attorney General's Disability Rights Advocacy
Division;
The Chairperson and Minority Spokesperson of the House and Senate
Committees on Elementary and Secondary Education or their designees; and
Six persons appointed by the Governor. Five of such
appointees shall be experienced or knowledgeable relative to
provision of services for individuals with a behavior
disorder
or a severe emotional disturbance
and shall include representatives of
both the private and public sectors, except that no more than 2 of those 5
appointees may be from the public sector and at least 2 must be or have been
directly involved in provision of services to such individuals. The remaining
member appointed by the Governor shall be or shall have been a parent of an
individual with a
behavior disorder or a severe emotional disturbance, and
that appointee may be from either the private or the public sector.
(2) Members appointed by the Governor shall be appointed for terms
of 4 years and shall continue to serve until their respective successors are
appointed; provided that the terms of the original
appointees shall expire on August 1, 1990. Any vacancy in the office of a
member appointed by the Governor shall be filled by appointment of the
Governor for the remainder of the term.
A vacancy in the office of a member appointed by the Governor exists when
one or more of the following events occur:
Members who are representatives of an agency shall serve at the will
of the agency head. Membership on the Authority shall cease immediately
upon cessation of their affiliation with the agency. If such a vacancy
occurs, the appropriate agency head shall appoint another person to represent
the agency.
If a legislative member of the Authority ceases to be Chairperson or
Minority Spokesperson of the designated Committees, they shall
automatically be replaced on the Authority by the person who assumes the
position of Chairperson or Minority Spokesperson.
(b) The Community and Residential Services Authority shall have the
following powers and duties:
(c) (1) The members of the Authority shall receive no compensation for
their services but shall be entitled to reimbursement of reasonable
expenses incurred while performing their duties.
(2) The Authority may appoint special study groups to operate under
the direction of the Authority and persons appointed to such groups shall
receive only reimbursement of reasonable expenses incurred in the
performance of their duties.
(3) The Authority shall elect from its membership a chairperson,
vice-chairperson and secretary.
(4) The Authority may employ and fix the compensation of
such employees and technical assistants as it deems necessary to carry out
its powers and duties under this Act. Staff assistance for the Authority
shall be provided by the State Board of Education.
(5) Funds for the ordinary and contingent expenses of the Authority
shall be appropriated to the State Board of Education in a separate line item.
(d) (1) The Authority shall have power to promulgate rules and
regulations to carry out its powers and duties under this Act.
(2) The Authority may accept monetary gifts or grants from the federal
government or any agency thereof, from any charitable foundation or
professional association or from any other reputable source for
implementation of any program necessary or desirable to the carrying out of
the general purposes of the Authority. Such gifts and grants may be
held in trust by the Authority and expended in the exercise of its powers
and performance of its duties as prescribed by law.
(3) The Authority shall submit an annual report of its activities and
expenditures to the Governor, the General Assembly, the
directors of agencies represented on the Authority, and the State
Superintendent of Education.
(e) The Executive Director of the Authority or his or her designee shall be added as a participant on the Interagency Clinical Team established in the intergovernmental agreement among the Department of Healthcare and Family Services, the Department of Children and Family Services, the Department of Human Services, the State Board of Education, the Department of Juvenile Justice, and the Department of Public Health, with consent of the youth or the youth's guardian or family pursuant to the Custody Relinquishment Prevention Act.
(Source: P.A. 102-43, eff. 7-6-21.)
(105 ILCS 5/14-16)
Sec. 14-16. Participation in graduation ceremony.
(a) This Section may be referred to as Brittany's Law. The General Assembly finds the following:
(b) Beginning March 1, 2005, each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. The policy and procedures must require timely and meaningful written notice to children with disabilities and their parents or guardians about the school district's policy and procedures adopted in accordance with this Section.
(c) The State Board of Education shall monitor and enforce compliance with the provisions of this Section and is authorized to adopt rules for that purpose.
(Source: P.A. 93-1079, eff. 1-21-05.)
(105 ILCS 5/14-17)
Sec. 14-17. (Repealed).
(Source: P.A. 102-894, eff. 5-20-22. Repealed internally, eff. 12-31-22.)
(105 ILCS 5/14-18)
Sec. 14-18. COVID-19 recovery post-secondary transition recovery eligibility.
(a) If a student with an individualized education program (IEP) reaches the age of 22 during the time in which the student's in-person instruction, services, or activities are suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic, the student is eligible for such services up to the end of the regular 2021-2022 school year.
(b) This Section does not apply to any student who is no longer a resident of the school district that was responsible for the student's IEP at the time the student reached the student's 22nd birthday.
(c) The IEP goals in effect when the student reached the student's 22nd birthday shall be resumed unless there is an agreement that the goals should be revised to appropriately meet the student's current transition needs.
(d) If a student was in a private therapeutic day or residential program when the student reached the student's 22nd birthday, the school district is not required to resume that program for the student if the student has aged out of the program or the funding for supporting the student's placement in the facility is no longer available.
(e) Within 30 days after July 28, 2021 (the effective date of Public Act 102-173), each school district shall provide notification of the availability of services under this Section to each student covered by this Section by regular mail sent to the last known address of the student or the student's parent or guardian.
(Source: P.A. 102-173, eff. 7-28-21; 102-813, eff. 5-13-22.)
Structure Illinois Compiled Statutes
Article 1 - Short Title - Construction - Definitions
Article 1A - State Board Of Education
Article 1B - School District Financial Oversight Panel And Emergency Financial Assistance
Article 1D - Block Grants For Districts With Over 500,000 Inhabitants
Article 1E - Downstate School Finance Authority
Article 1F - Downstate School Finance Authority for Elementary Districts
Article 1G - Mathematics and Science; Block Grant Program
Article 1H - Financial Oversight Panels
Article 2 - State Board of Education - Powers and Duties
Article 3 - Regional Superintendent of Schools
Article 3A - Educational Service Regions
Article 4 - Duties of County Board
Article 5 - Trustees of Schools
Article 6 - Regional Board of School Trustees
Article 7C - Transfer Of High School District Territory (Repealed)
Article 11A - Unit School District Formation (Repealed)
Article 11B - School District Combination (Repealed)
Article 11C - Accounting Procedures
Article 11D - School District Conversion (Repealed)
Article 11E - Conversion and Formation of School Districts
Article 12 - High School Districts--Nonhigh School Districts--Community High School Districts
Article 13 - Schools For Designated Purposes
Article 13A - Alternative Public Schools
Article 13B - Alternative Learning Opportunities
Article 14 - Children With Disabilities
Article 14A - Gifted and Talented Children And Children Eligible For Accelerated Placement
Article 14B - Educationally Disadvantaged Children (Repealed)
Article 14C - Transitional Bilingual Education
Article 15 - Common School Lands
Article 16 - Gifts--Use Of Sites--Playgrounds
Article 17 - Budgets--Tax Rates--Tax Warrants
Article 18 - Common School Fund
Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds
Article 19a - Revenue Bonds For Exhibition Facilities
Article 19b - School Energy Conservation And Saving Measures
Article 20 - Working Cash Fund
Article 21 - Certification Of Teachers
Article 21A - New Teacher Induction and Mentoring
Article 21B - Educator Licensure
Article 22 - General Provisions--Penalties--Liabilities
Article 23 - School Board Associations
Article 24 - Employment of Teachers--Tenure--Duties of Teachers
Article 24A - Evaluation of Certified Employees
Article 26 - Pupils--Compulsory Attendance
Article 27 - Courses of Study--Special Instruction
Article 28 - Instructional Materials
Article 28A - Education Purchasing Program
Article 31 - Fraternities--Sororities
Article 32 - Special Charter Districts
Article 33 - Districts From 100,000 To Not More Than 500,000 Inhabitants
Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education
Article 34A - School Finance Authority
Article 34B - Bridge Note Statute (Repealed)
Article 35 - Buildings--School Building Commission (Repealed)