There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. Article 14 - Children With Disabilities
(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.)
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(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 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. 89‑397, eff. 8‑20‑95.)
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(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 mental retardation, emotional
disturbance or
environmental disadvantage.
(Source: P. A. 89‑397, eff. 8‑20‑95.)
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(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.)
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(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 has graduated with a master's or higher degree in
psychology or educational psychology from an institution of higher learning
which maintains equipment,
courses of study, and standards of scholarship approved by the State Board
of Education, who has had at least one school year of full‑time supervised
experience in the delivery of school psychological services of a character
approved by the State
Superintendent of Education, who has such additional qualifications
as may be required
by the State Board of Education, and who holds a School Service Personnel
Certificate endorsed for school psychology issued pursuant to Section
21‑25.
Persons so certified may use the title "school psychologist" and may
offer school psychological services which are limited to those services set
forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children
between the ages of 3 to 21, promulgated by the State Board of Education.
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. 85‑361.)
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(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 who has such
additional qualifications as may be required by the State Board of
Education and who holds a School Service Personnel Certificate endorsed for
school social work issued pursuant to Section 21‑25 of this Code.
Persons so certified may use the title "school social worker" and may
offer school social work services which are limited to those services set
forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children
between the ages of 3 to 21, promulgated by the State Board of Education.
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. 86‑303.)
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(2) Holds a master's or doctoral degree with a major | ||
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(3) Either (i) has completed a program of study that | ||
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(4) Has successfully completed the required Illinois | ||
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(5) Has paid the application fee required for | ||
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The provisions of this subsection (b) do not preclude the issuance of a
teaching certificate to a speech‑language pathologist who qualifies for such a
certificate.
(Source: P.A. 92‑510, eff. 6‑1‑02; 93‑112, eff. 1‑1‑04; 93‑1060, eff. 12‑23‑04.)
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(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.)
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(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 Type 73 School
Service Personnel Certificates endorsed for school psychology issued by the
State Teacher Certification Board 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. 89‑339, eff. 8‑17‑95.)
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(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 Type 73 School Service Personnel Certificates endorsed for school
social work issued by the State Teacher Certification Board.
School social work services may include, but are not limited to:
(1) Identifying students in need of special | ||
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(2) Developing and implementing comprehensive | ||
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(3) Consulting and collaborating with teachers and | ||
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(4) Counseling with students, parents, and teachers | ||
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(5) Acting as a liaison between the public schools | ||
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(6) Developing and implementing school‑based | ||
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(7) Providing crisis intervention within the school | ||
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(8) Supervising school social work interns enrolled | ||
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(9) Providing parent education and counseling as | ||
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(10) Assisting in completing a functional behavioral | ||
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Nothing in this Section prohibits other certified professionals from
providing any of the services listed in this Section for which
they are appropriately trained.
(Source: P.A. 92‑362, eff. 8‑15‑01; 92‑651, eff. 7‑11‑02.)
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(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:
(1) the parent has legal guardianship of the student | ||
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(2) an individual guardian has been appointed by the | ||
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(3) an Illinois public agency has legal guardianship | ||
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(4) an Illinois court orders a residential placement | ||
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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. 89‑698, eff. 1‑14‑97.)
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(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:
(1) the parent has legal guardianship but the | ||
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(2) an individual guardian has been appointed but | ||
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(3) the student is 18 years of age or older and no | ||
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(4) the student is legally an emancipated minor; or
(5) an Illinois public agency has legal guardianship | ||
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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.
(Source: P.A. 87‑1117; 88‑134.)
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(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.)
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(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.)
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(105 ILCS 5/14‑3.02) (from Ch. 122, par. 14‑3.02)
Sec. 14‑3.02.
The Governor's Planning Council on Developmental
Disabilities created by Executive Order Number 7 (1983) and amended by
Executive Order Number 2 (1985) shall develop a State plan by July 1,
1986 for the identification, assessment, evaluation and referral of all
children with disabilities as defined by this Code to
appropriate adult services
when they reach the age of 22 or upon completion of a secondary school
program and are not under the jurisdiction of this Code, including policies
and procedures for the development of an individual case plan to ensure the
delivery of necessary health, habilitation, rehabilitation, education,
vocational and independent living requirements.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/14‑3.03) (from Ch. 122, par. 14‑3.03)
Sec. 14‑3.03.
State plan.
The State plan to insure free appropriate
public education for children with disabilities submitted
to the United States
Secretary of Education under Section 613 of the federal Education of the
Handicapped Act, Title 20 United States Code, Section 1413 must be approved
by the State Board of Education prior to its submission. Prior to the
approval of such plan, the State Board of Education shall publish the
proposed plan in the Illinois Register, hold hearings on the plan and
elicit public comment. Notice of such hearings shall be made in the manner
provided in the Illinois Administrative Procedure Act.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/14‑4.01) (from Ch. 122, par. 14‑4.01)
Sec. 14‑4.01.
Special educational facilities for
children with disabilities.
School boards of any school districts that maintain a recognized
school, whether operating under the general law or under a special
charter, subject to any limitations hereinafter specified, shall
establish and maintain such special educational facilities as may be
needed for children with disabilities as defined in
Section 14‑1.02 of this Article who are residents of
their school district, and such children, residents of other school
districts as may be authorized by this Article.
All such school boards shall place or by regulation may authorize the
director of special education to place, pursuant to procedures required
by this Act and rules and regulations promulgated by the State Board of
Education, eligible children into special education programs designed to
benefit children with disabilities defined in Sections
14‑1.02 through 14‑1.07
of this Act.
All school districts, administrative districts or governing boards
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.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(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 .)
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(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 disabled child and may be made
only to those public
schools located in the district where the child attending the nonpublic
school resides; however, nothing in this Section shall be construed as
prohibiting an agreement between the district where the child resides
and another public school district to provide special educational
services if such an arrangement is deemed more convenient and
economical. Special educational services shall be provided to such
students as soon as possible after the identification, evaluation and
placement procedures provided in Section 14‑8.02, but no later than the
beginning of the next school semester following the completion of such
procedures. 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.
A school board shall publish a public notice in its newsletter of
general circulation or in the newsletter of another governmental entity of
general circulation in the district or if neither is available in the
district, then in a newspaper of general circulation in the district, the
right of all children with disabilities to a free
appropriate public education
as provided under this Code. Such notice shall identify the location and
phone number of the office or agent of the school district to whom
inquiries should be directed regarding the identification, assessment and
placement of such children.
School boards shall immediately provide upon request by any person
written materials and other information that indicates the specific
policies, procedures, rules and regulations regarding the identification,
evaluation or educational placement of children with
disabilities under Section
14‑8.02 of the School Code. Such information shall include information
regarding all rights and entitlements of such children under this Code, and
of the opportunity to present complaints with respect to any matter
relating to educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due process
hearing on the complaint. The notice shall inform the parents or guardian
in the parents' or guardian's native language, unless it is clearly not
feasible to do so, of their rights and all procedures available pursuant to
this Act and federal Public Law 94‑142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law 94‑142, as
amended, to be used by all school boards. The notice shall also inform the
parents or guardian of the availability upon request of a list of free or
low‑cost legal and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements under this Code.
Any parent or guardian who is deaf, or does not normally communicate
using spoken English, who participates in a meeting with a representative
of a local educational agency for the purposes of developing an
individualized educational program shall be entitled to the services of
an interpreter.
No disabled student may be denied promotion,
graduation or a general
diploma on the basis of failing a minimal competency test when such failure
can be directly related to the disabling
condition of the student. For the
purpose of this Act, "minimal competency testing" is defined as tests which
are constructed to measure the acquisition of skills to or beyond a certain
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 disabled pupil's attaining the age of 14 1/2 years,
it shall be
the duty of the elementary school district in which the pupil resides to
notify the high school district in which the pupil resides of the pupil's
current eligibility for special education services, of the pupil's current
program, and of all evaluation data upon which the current program is
based. After an examination of that information the high school district
may accept the current placement and all subsequent timelines shall be
governed by the current individualized educational program; or the high
school district may elect to conduct its own evaluation and
multidisciplinary staff conference and formulate its own individualized
educational program, in which case the procedures and timelines contained
in Section 14‑8.02 shall apply.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(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.
(Source: P.A. 87‑228.)
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(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:
(1) Conducting speech‑language screening, without | ||
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(2) Providing direct treatment assistance to | ||
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(3) Following and implementing documented treatment | ||
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(4) Documenting student progress toward meeting | ||
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(5) Assisting a speech‑language pathologist during | ||
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(6) Acting as an interpreter for non‑English | ||
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(7) Scheduling activities and preparing charts, | ||
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(8) Performing checks and maintenance of equipment, | ||
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(9) Assisting with speech‑language pathology | ||
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(e) A speech‑language pathology assistant may not:
(1) perform standardized or nonstandardized | ||
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(2) screen or diagnose students for feeding or | ||
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(3) participate in parent conferences, case | ||
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(4) provide student or family counseling;
(5) write, develop, or modify a student's | ||
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(6) assist with students without following the | ||
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(7) sign any formal documents, such as treatment | ||
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(8) select students for services;
(9) discharge a student from services;
(10) disclose clinical or confidential information, | ||
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(11) make referrals for additional services;
(12) counsel or consult with the student, family, or | ||
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(13) represent himself or herself to be a | ||
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(14) use a checklist or tabulate results of feeding | ||
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(15) demonstrate swallowing strategies or | ||
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(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.)
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(2) placing one employment listing in the placement | ||
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(3) posting the position for speech‑language | ||
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"Speech‑language pathologist" means a person who:
(1) holds a master's or doctoral degree with a major | ||
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(2) either (i) has completed a program of study that | ||
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"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:
(1) hold a speech‑language pathology license under | ||
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(2) hold a certificate under this Code with an | ||
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(Source: P.A. 93‑110, eff. 7‑8‑03; 93‑1060, eff. 12‑23‑04.)
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(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.)
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(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.)
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(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 and thereafter 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.
An amount equal to 85% of the funds remaining in the appropriation, after subtracting any base level funding for that fiscal year, 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, after subtracting any base level funding for that fiscal year,
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.
(Source: P.A. 93‑1022, eff. 8‑24‑04.)
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(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 in State Housing 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.
On forms prepared by the State Superintendent of Education, the
district shall certify to the regional superintendent the following:
(1) The name of the home or State residential unit | ||
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(2) That no service charges or other payments | ||
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(3) The number of children qualifying under this Act | ||
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(4) The number of children attending special | ||
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(5) The number of children attending special | ||
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(6) The computed amount of tuition payment claimed as | ||
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If a school district makes a claim for reimbursement under Section
18‑3 or 18‑4 of this Act 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 Act 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 a
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 a program operated as a group
program shall have an approved budget on file with the State Board of
Education prior to the initiation of the program's operation. On September
30, December 31, and March 31, the State Board of Education shall voucher
payments to group programs based upon the approved budget during the year
of operation. Final claims for group payments shall be filed on or before
July 15. Final claims for group programs received at the State
Board of
Education on or before June 15 shall be vouchered by June 30. Final claims
received at the State Board of Education between June 16 and July 15
shall be vouchered by August 30. Claims for group programs
received
after July 15 shall not be honored.
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
July 15. Claims for individual students received after July 15 shall not
be honored. Final claims for individual students shall be vouchered by
August 30.
Reimbursement shall be made based upon approved group programs or
individual students. The State Superintendent of Education shall direct the
Comptroller to pay a specified amount to the district by the 30th day of
September, December, March, June, or August, respectively. However,
notwithstanding any other provisions of this Section or the School Code,
beginning with fiscal year 1994 and each fiscal year thereafter, 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 30 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.
The claim of a school district otherwise eligible to be reimbursed in
accordance with Section 14‑12.01 for the 1976‑77 school year but for
this amendatory Act of 1977 shall not be paid unless the district ceases
to maintain such classes for one entire school year.
If a school district's current reimbursement payment for the 1977‑78
school year only is less than the prior year's reimbursement payment
owed, the district shall be paid the amount of the difference between
the payments in addition to the current reimbursement payment, and the
amount so paid shall be subtracted from the amount of prior year's
reimbursement payment owed to the district.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes or State
housing 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
housing unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall claim
the reimbursement authorized by this Section directly from the State Board
of Education.
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.
Commencing July 1, 1992, for each disabled student who is placed
residentially by a State agency or the courts for care or custody or both
care and custody, welfare, medical or mental health treatment or both medical
and mental health treatment, rehabilitation, and protection, whether placed
there on, before, or after July 1, 1992, the costs for educating the student
are eligible for reimbursement under this Section providing the placing agency
or court has notified the appropriate school district authorities of the status
of student residency where applicable prior to or upon placement.
The district of residence of the parent, guardian, or disabled student as
defined in Sections 14‑1.11 and 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.
Payments shall be made by the resident district to the district wherein the
facility is located no less than once per quarter unless otherwise agreed to in
writing by the parties.
When a dispute arises over the determination of the district of
residence, the district or districts may appeal the decision in writing to
the State Superintendent of Education. 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. 92‑597, eff. 7‑1‑02; 92‑877, eff. 1‑7‑03; 93‑609, eff. 11‑20‑03.)
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(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.)
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(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 Public Aid 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. 91‑24, eff. 7‑1‑99.)
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(105 ILCS 5/14‑8.02a)
Sec. 14‑8.02a.
Impartial due process hearing; civil action.
(a) This Section (rather than the impartial due process procedures of
subsections (h) through (o) of
Section 14‑8.02, which shall continue to apply only to those impartial due
process hearings that are requested under this Article before July 1, 1997)
shall apply to all impartial due process hearings requested on or after July
1, 1997.
(b) The State Board of Education shall establish an impartial due process
hearing system, including a corps of hearing officers, in accordance with this
Section and shall, 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 qualifications of hearing
officers and the rules and procedures for due process hearings. The State
Board of Education shall recruit candidates for due process hearing officers
who meet the criteria set forth in this Section. 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 a student
eligible for special education, 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 a student
eligible for special education and the other of whom shall be an experienced
special education hearing officer who is not a candidate for appointment under
this Section. The members of the Screening Committee shall be appointed no
later than 60 days following the effective date of this amendatory Act of 1996.
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. Three members of the Screening Committee
shall be appointed for initial terms of 2 years, and 4 members shall be
appointed for initial terms of 3 years, by using a lottery system. Subsequent
appointments and reappointments shall be for terms for 3 years. 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 expenses. The
Screening Committee shall review applications and supporting information,
interview candidates, and recommend applicants to the Advisory Council on
Education of Children with Disabilities based upon objective criteria it
develops and makes available to the public. The number of candidates
recommended shall equal 150% of the number deemed necessary by the State Board
of Education.
(c) The application process shall require each applicant to provide a
comprehensive disclosure of his or her professional background and work
experience. Applicants must hold at least a masters level degree, a juris
doctor degree, or a bachelors degree with relevant experience. Current
employees of the State Board of Education, local 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 shall be disqualified
from serving as impartial due process hearing officers. Nothing in this
Section shall be construed to prohibit retired school personnel and part‑time
contractual school personnel who serve in a consulting capacity from serving as
hearing officers. Applications by individuals on the State Board of
Education's list of eligible Level I due process hearing officers or Level II
review officers when the initial recruitment of due process hearing officers is
conducted under this Section shall be considered if they meet the
qualifications under this subsection.
(d) 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 impartial due process hearing officers and an
annual evaluation of each impartial due process hearing officer that shall
include a written evaluation report. The invitation for applications shall set
forth minimum qualifications for eligible applicants. Each contract under this
subsection may be renewed on an annual basis subject to appropriations. 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 established pursuant to
subsection (b) of this Section shall review the training proposals and
forward them, with recommendations in rank order, to the State Board of
Education. All impartial hearing
officer candidates recommended to the Advisory Council on Education of Children
with Disabilities shall successfully complete initial and all follow‑up
trainings, as established by the contract between the State Board of Education
and the training entity, in order to be eligible to serve as an impartial due
process hearing officer. The training curriculum shall include, at a minimum,
instruction in federal and State law, rules, and regulations, federal
regulatory interpretations and court decisions regarding special education and
relevant general education issues, diagnostic procedures, information about
disabilities, and techniques for conducting effective and impartial hearings,
including order of presentation.
The training shall be conducted in an unbiased manner by education and legal
experts, including qualified individuals from outside the public education
system. Upon the completion of initial impartial due process hearing officer
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 active
impartial due process hearing officers deemed necessary by
the State Board of Education from those candidates who have successfully
completed the initial training. Fifty percent of the impartial due process
hearing officers appointed shall serve initial terms of 2 years, and the
remaining 50% shall serve initial terms of one year, such terms to be
determined by using a lottery system. After the initial term all
reappointments shall be for a term of 2 years. The Screening Committee, based
on its objective selection criteria and the annual evaluation reports prepared
by the training entity, shall recommend whether the hearing officers whose
terms are expiring should be reappointed and shall transmit its recommendations
to the State Board of Education.
If, at any time, the
State Board of Education, with the advice of the Advisory Council on Education
of Children with Disabilities, determines that additional hearing officers are
needed, the hearing officer selection process described in this Section shall
be reopened to select the number of additional hearing officers deemed
necessary by the State Board of Education.
Impartial due process 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 impartial due process 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 such
decisions available for review by the public after deleting child‑specific
identifying information.
(e) An impartial due process hearing officer shall be terminated by the
State Board of Education for just cause if, after written notice is provided,
appropriate timely corrective action is not taken. For purposes of this
subsection just cause shall be (1) failure or refusal to accept assigned cases
without good cause; (2) failure or refusal to fulfill duties as a hearing
officer in a timely manner; (3) consistent disregard for applicable laws and
regulations 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) 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 which 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; and
(10) falsification of a material fact on his or her application to serve as a
due process hearing officer. In addition, an impartial 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 contract term.
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 prepare an annual written report no later than July 1 of each
year, beginning in 1998, evaluating the impartial due process hearing system.
The reports shall be submitted to the members of the State Board of Education,
the State Superintendent of Education, the Advisory Council on Education of
Children with Disabilities, and the Screening Committee and shall be made
available to the public.
The training entity under subsection (d) shall conduct annual evaluations of
each hearing officer and shall prepare written evaluation reports to be
provided to the Screening Committee for its consideration in the reappointment
process. The evaluation
process shall include a review of written decisions and evaluations by
participants in impartial due process hearings and their representatives. Each
hearing officer shall be provided with a copy of his or her evaluation report
and shall have an opportunity to review the report with the training entity and
submit written comments.
(f) An impartial due process hearing shall be convened upon the request of a
parent or guardian, 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 guardian of the student at their last
known address. A request made by the parent, guardian, or student 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 5 days of receipt of the
request. Within 5 days after 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. No person who is an employee of a school district that is
involved in the education or care of the student shall conduct the hearing. A
hearing officer having a personal or professional interest that would conflict
with his or her objectivity in the hearing shall so notify the State Board of
Education and shall be replaced by the next scheduled impartial due process
hearing officer under the rotation system. 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 5 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.
A former employee or current resident of the school district, special
education cooperative, or other public entity involved in the due process
hearing shall recuse himself or herself. A hearing officer shall disclose any
actual or potential conflicts of
interests to the parties upon learning of those conflicts. 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.
For purposes of this Section, "days" shall be computed in accordance with
Section 1.11 of the Statute on Statutes.
(g) Impartial due process hearings shall be conducted pursuant to this
Section and rules and regulations promulgated by the State Board of Education
consistent with this Section and other governing laws and regulations. The
hearing shall be closed to the public unless the parents or guardian request
that the hearing be open to the public. The parents or guardian 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.
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 10 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 disclose at the prehearing conference (1) whether
it is represented by legal counsel or intends to retain legal counsel; (2)
the matters it believes to be in dispute in the case and the specific relief
being sought; (3) 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) 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) 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 shall, by
rule, establish additional procedures for the conduct of prehearing
conferences.
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 and due process hearing and to
receive confirmation of whether a party intends to participate in the
prehearing conference. 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 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 days 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 days after the
conclusion of the hearing and mail a copy of the decision to the parents,
guardian, 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 request for hearing is received by the school district,
public agency, or the State Board of Education, whichever is sooner. The
decision shall specify the educational and related services that shall be
provided to the student in accordance with the student's needs.
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. Upon the filing of a civil action pursuant to subsection (i) of this
Section, the hearing officer shall no longer exercise jurisdiction over the
case. The hearing officer's decision shall be binding upon the school district
and the parents or guardian 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 or guardian in connection with proceedings under this Section.
(j) During the pendency of any administrative or judicial proceeding
conducted
pursuant to this Section, unless the school district and the
parents or guardian of the student 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 the
hearing officer orders a change in the eligibility status, educational
placement, or special education and related services of the student, that
change shall not be implemented until 30 days have elapsed following the date
the hearing officer's
decision is mailed to the parties in order to allow any party aggrieved by the
decision to commence a civil action to stay
implementation of the decision. If applying for initial admission to the
school district, the student shall, with the consent of the parents or
guardian, 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 or guardian.
(k) Whenever the parents or guardian of a child of the type described in
Section 14‑1.02 are not known, are unavailable, or the child is a ward of the
State, 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 or guardian becomes available unless otherwise requested by the parents
or guardian. The assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' or guardians' 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 the hearing officer shall require that
interpreters be made available by the school district for persons who are deaf
or 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. 89‑652, eff. 8‑14‑96.)
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(105 ILCS 5/14‑8.02b)
Sec. 14‑8.02b.
Expedited Hearings.
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 105‑17, 20 USC
Sections 1400 et seq.
(hereafter IDEA).
An expedited hearing may be requested by:
(i) a parent or guardian or student if the student | ||
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(ii) a school district, if school personnel maintain | ||
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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 guardian of the
student at the
last known address of the parents or guardian. A request made by the parent,
guardian, or student 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 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.
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 (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.
An expedited hearing requested by the student's parent or guardian 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 or
guardian believes
that the action taken by the district is not supported by substantial evidence
and all
relevant documentation in the parent's or guardian's possession. Also, the
documentation
shall include (1) whether the parent or guardian is represented by legal
counsel or intends to retain legal
counsel; (2) the matters the parent or guardian believes to be in dispute in
the case and the specific relief
being sought; and (3) the names of all witnesses the parent or guardian intends
to call to testify
at the hearing.
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 one day after appointment and set
a hearing
date which shall be no later than 4 days after contacting parties. The hearing
officer shall
disclose and provide to each party any evidence which is intended to be
submitted
into the
hearing record no later than 2 days before the hearing. The length of the
hearing shall not
exceed 2 days unless good cause is shown.
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) 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 2 days after the conclusion of the hearing.
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.
The impartial hearing officer shall issue a final written decision, including
findings of fact and conclusions of law, within 2 days after the conclusion of
the hearing
and mail a copy of the decision to the parents, guardian, 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.
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. 90‑566, eff. 1‑2‑98.)
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(105 ILCS 5/14‑8.03) (from Ch. 122, par. 14‑8.03)
Sec. 14‑8.03.
Transition goals, supports, and services.
(a) A school district shall consider, and develop when needed, the
transition goals and supports for eligible students with
disabilities not later than the school
year in which the student reaches age 14 1/2 at the individualized education
plan meeting and provide services as identified on the
student's individualized
education plan. Transition goals shall
be based on appropriate
evaluation procedures and information, take into consideration the
preferences of the student and his or her parents or guardian, be
outcome‑oriented, and include employment,
post‑secondary
education, and community living alternatives. Consideration of these goals
shall result in the clarification of a school district's responsibility to
deliver specific educational services such as vocational training and community
living skills instruction.
(b) To appropriately assess and plan for the student's transition needs,
additional individualized education plan team members may be
necessary
and may be asked by the school district to assist in the planning process.
Additional individualized education plan team members
may include a
representative from the Department of Human Services,
a case coordinator, or persons representing other community agencies or
services. The individualized education plan shall specify
each person
responsible for coordinating and
delivering transition services. The public school's responsibility for
delivering educational services does not extend beyond the time the student
leaves school or when the student reaches age 21.
(c) A school district shall submit annually a summary of each eligible
student's transition goals and needed supports resulting from the
individualized education plan
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. 92‑452, eff. 8‑21‑01.)
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(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 disabled children who are
16 years of age or more, consideration of a supported employment component
with experiences in integrated community settings for those eligible children
with disabilities who have been determined at an
IEP meeting to be in
need of participation in the supported employment services offered pursuant
to this Section.
Supported employment services made available as part of transition
planning under this Section shall be designed and developed for school
boards by the State Board of Education, in consultation with programs such
as Project CHOICES (Children Have Opportunities In Integrated Community
Environments), parents and advocates of children with disabilities, and the
Departments of Central Management Services and Human
Services, and
shall be maintained and operated in such manner as to coordinate with
supported employee programs administered under the Supported Employees Act.
(Source: P.A. 89‑397, eff. 8‑20‑95; 89‑507, eff. 7‑1‑97.)
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(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:
(1) That when behavioral interventions are used, | ||
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(2) That behavioral management plans be developed | ||
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(3) That a statewide study be conducted of the use | ||
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(4) That training programs be developed and | ||
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(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.)
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(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
certificate as provided by law and unless he has had such special training
as the State Board of Education may require. No special certificate or
endorsement to a special certificate issued under Section 21‑4 on
or after July 1, 1994, shall be valid for teaching students with visual
disabilities unless the person to whom the certificate or endorsement is issued
has attained satisfactory performance on an examination that is designed to
assess competency in Braille reading and writing skills according to standards
that the State Board of Education may adopt. Evidence of successfully
completing the examination of Braille reading and writing skills must be
submitted to the State Board of Education prior to an applicant's examination
of the subject matter knowledge test required under Section 21‑1a. Beginning
July 1, 1995, in addition to other requirements, a candidate for a teaching
certification in the area of the deaf and hard of hearing granted by the
Illinois State Board of Education for teaching deaf and hard of hearing
students in grades pre‑school through grade 12 must demonstrate a minimum
proficiency in sign language as determined by the Illinois State Board of
Education. All other professional personnel employed in any class, service,
or program authorized by this Article shall hold such certificates and shall
have had such special training as the State Board of Education may require;
provided that in a school district organized under Article 34, the school
district may employ speech and language pathologists who are licensed under the
Illinois Speech‑Language Pathology and Audiology Practice Act but who do not
hold a certificate issued under the School Code if the district certifies that
a chronic shortage of certified personnel exists. Nothing contained in this
Act prohibits the school board from employing necessary workers to assist the
teacher with the special educational facilities, except that all such necessary
workers must have had such training as the State Board of Education may
require.
No later than January 1, 1993, the State Board of Education shall develop,
in consultation with the Advisory Council on the Education of Children with
Disabilities and the Advisory Council on Bilingual Education, rules governing
the qualifications for certification of teachers and school service personnel
providing services to limited English proficient students receiving special
education and related services.
The employment of any teacher in a special education program provided
for in Sections 14‑1.01 to 14‑14.01, inclusive, shall be subject to
the provisions of Sections 24‑11 to 24‑16, inclusive. Any teacher
employed in a special education program, prior to the effective date of
this amendatory Act of 1987, in which 2 or more districts
participate shall enter upon contractual continued service in each of
the participating districts subject to the provisions of Sections 24‑11
to 24‑16, inclusive.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
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(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.)
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(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:
(1) Staff and resources for the coordination, cataloging, standardizing,
production, procurement, storage, and distribution of educational materials
needed by visually disabled children and adults with
disabilities.
(2) Staff and resources of an instructional materials center to include
library, audio‑visual, programmed, and other types of instructional materials
peculiarly adapted to the instruction of pupils with
disabilities.
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. 89‑397, eff. 8‑20‑95.)
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(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:
(A) A visual impairment is defined to mean one or | ||
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(B) An auditory impairment is defined to mean one or | ||
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The State Board of Education is empowered to establish, maintain
and operate or contract for the operation of a permanent state‑wide
service center known as the Philip J. Rock Center and School. The School
serves eligible children between the ages of 3 and 21; the Center serves
eligible persons of all ages. Services provided by the Center
include, but are not limited to:
(1) Identifying and case management of persons who | ||
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(2) Providing families with appropriate counseling;
(3) Referring persons who are deaf‑blind to | ||
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(4) Referring persons who are deaf‑blind to | ||
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(5) Developing and expanding services throughout the | ||
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(6) Maintaining a residential‑educational training | ||
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(7) Receiving, dispensing, and monitoring State and | ||
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(8) Coordinating services to persons who are | ||
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(9) Entering into contracts with other agencies to | ||
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(10) Operating on a no‑reject basis. Any individual | ||
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(11) Serving as the referral clearinghouse for all | ||
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(12) Providing transition services for students of | ||
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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:
(1) Existing and proposed programs of all State | ||
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(2) The State program and financial plan for | ||
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(3) Standards for services in facilities serving | ||
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(4) Standards and rates for State payments for any | ||
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(5) Services and research activities in the field of | ||
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(6) Planning for personnel/preparation, both | ||
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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.)
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(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.)
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(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. Claims received by August 15 may be amended until November
30.
(Source: P.A. 91‑764, eff. 6‑9‑00.)
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(105 ILCS 5/14‑12.02) (from Ch. 122, par. 14‑12.02)
Sec. 14‑12.02.
The State Board of Education, in consultation with the
Department of Alcoholism and Substance Abuse, shall, by January 1, 1989,
prescribe uniform statewide policies and procedures for the placement of
children in residential programs designed to correct alcohol or controlled
substance dependencies and for the determination of costs for educational
services provided to such children by residential programs. Such policies
and procedures shall assure that the child's school district of residence
is involved with the placement decision and shall identify local and state
responsibilities for educational costs. The State Board shall present to
the General Assembly any recommendations for changes in the laws regarding
such placements and funding no later than January 1, 1989.
(Source: P.A. 85‑1150.)
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(105 ILCS 5/14‑13.01) (from Ch. 122, par. 14‑13.01)
Sec. 14‑13.01. Reimbursement payable by State; Amounts. Reimbursement for furnishing special educational facilities in a
recognized school to the type of children defined in Section 14‑1.02
shall be paid to the school districts in accordance with Section 14‑12.01
for each school year ending June 30 by the State Comptroller out of any money
in the treasury appropriated for such purposes on the presentation of vouchers
by the State Board of Education.
The reimbursement shall be limited to funds expended for 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. There shall be no reimbursement for
construction and 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.
(a) For 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 $8,000 per teacher for the 1985‑1986 school year
and thereafter, whichever is less. Children
to be included in any reimbursement under this paragraph must regularly
receive a minimum of one hour of instruction each school day, or in lieu
thereof of a minimum of 5 hours of instruction in each school week in
order to qualify for full reimbursement under this Section. If the
attending physician for such a child has certified that the child should
not receive as many as 5 hours of instruction in a school week, however,
reimbursement under this paragraph on account of that child shall be
computed proportionate to the actual hours of instruction per week for
that child divided by 5.
(b) For children described in Section 14‑1.02, 4/5 of the cost of
transportation for each such child, whom the State Superintendent of
Education determined in advance requires special transportation service
in order to take advantage of special educational facilities.
Transportation costs shall be determined in the same fashion as provided
in Section 29‑5. For purposes of this subsection (b), the dates for
processing claims specified in Section 29‑5 shall apply.
(c) For each professional worker excluding those included in
subparagraphs (a), (d), (e), and (f) of this Section, the annual sum of
$8,000 for the 1985‑1986 school year and thereafter.
(d) For one full time qualified director of the special education
program of each school district which maintains a fully approved program
of special education the annual sum of $8,000 for the 1985‑1986 school
year and thereafter. 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) For each school psychologist as defined in Section 14‑1.09 the
annual sum of $8,000 for the 1985‑1986 school year and thereafter.
(f) For each qualified teacher working in a fully approved program
for children of preschool age who are deaf or hard‑of‑hearing the annual
sum of $8,000 for the 1985‑1986 school year and thereafter.
(g) For readers, working with blind or partially seeing children 1/2
of their salary but not more than $400 annually per child. Readers may
be employed to assist such children and shall not be required to be
certified but prior to employment shall meet standards set up by the
State Board of Education.
(h) For necessary non‑certified employees working in any class or
program for children defined in this Article, 1/2 of the salary paid or
$2,800 annually per employee, whichever is less.
The State Board of Education shall set standards and prescribe rules
for determining the allocation of reimbursement under this section on
less than a full time basis and for less than a school year.
When any school district eligible for reimbursement under this
Section operates a school or program approved by the State
Superintendent of Education for a number of days in excess of the
adopted school calendar but not to exceed 235 school days, such
reimbursement shall be increased by 1/185 of the amount or rate paid
hereunder for each day such school is operated in excess of 185 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 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. 92‑568, eff. 6‑26‑02; 93‑1022, eff. 8‑24‑04.)
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(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 .)
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(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,
with one member from the Division of Community Health and
Prevention, one member from the Office of Developmental Disabilities of
the Division of Disability and Behavioral Health Services, one member
from the Office of Mental Health of the Division of Disability and
Behavioral Health Services, and one member of the Office of
Rehabilitation Services of the Division of Disability and Behavioral Health
Services;
A representative of the Department of Children and Family Services;
A representative of the Department of Corrections;
A representative of the Department of Public Aid;
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, and the term of the additional
member appointed under this amendatory Act of 1992 shall commence upon the
appointment and expire August 1, 1994. Any vacancy in the office of a
member appointed by the Governor shall be filled by appointment of the
Governor for the remainder of the term.
A vacancy in the office of a member appointed by the Governor exists when
one or more of the following events occur:
(i) An appointee dies;
(ii) An appointee files a written resignation with | ||
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(iii) An appointee ceases to be a legal resident of | ||
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(iv) An appointee fails to attend a majority of | ||
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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:
(1) To conduct surveys to determine the extent of | ||
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(2) To develop policy statements for interagency | ||
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(3) To recommend policy statements and provide | ||
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(4) To review the criteria for service eligibility, | ||
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(5) To develop and submit to the Governor, the | ||
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(6) To develop a process for making determinations | ||
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(7) To provide technical assistance to parents, | ||
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(c) (1) The members of the Authority shall receive no compensation for
their services but shall be entitled to reimbursement of reasonable
expenses incurred while performing their duties.
(2) The Authority may appoint special study groups to operate under
the direction of the Authority and persons appointed to such groups shall
receive only reimbursement of reasonable expenses incurred in the
performance of their duties.
(3) The Authority shall elect from its membership a chairperson,
vice‑chairperson and secretary.
(4) The Authority may employ and fix the compensation of
such employees and technical assistants as it deems necessary to carry out
its powers and duties under this Act. Staff assistance for the Authority
shall be provided by the State Board of Education.
(5) Funds for the ordinary and contingent expenses of the Authority
shall be appropriated to the State Board of Education in a separate line item.
(d) (1) The Authority shall have power to promulgate rules and
regulations to carry out its powers and duties under this Act.
(2) The Authority may accept monetary gifts or grants from the federal
government or any agency thereof, from any charitable foundation or
professional association or from any other reputable source for
implementation of any program necessary or desirable to the carrying out of
the general purposes of the Authority. Such gifts and grants may be
held in trust by the Authority and expended in the exercise of its powers
and performance of its duties as prescribed by law.
(3) The Authority shall submit an annual report of its activities and
expenditures to the Governor, the General Assembly, the
directors of agencies represented on the Authority, and the State
Superintendent of Education.
(Source: P.A. 92‑632, eff. 1‑1‑03.)
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(2) There are children with disabilities in this | ||
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(3) It is well‑established that the awarding of a | ||
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(4) Many children with disabilities who will | ||
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(5) The opportunity for classmates with disabilities | ||
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(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.) |
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