Bloomington
Public Schools
Special Education Services
Policies and Procedures to Govern the
Administration of Services to Students with Disabilities
CFR
300.220 -- Consistency with State Policies -- The LEA, Bloomington Public
Schools, in providing for the education of children with disabilities within
its jurisdiction, has in effect policies, procedures, and programs that are
consistent with the State’s policies and procedures established under CFR
300.121-300.156 (Authority: 20 U.S.C. 1413(a)(1)).
Table
of Contents
I. Free Appropriate Public Education and
Exceptions to FAPE for Certain Ages
34 CFR 300.121 and
300.122…………………………………………………... 3
II. Full Educational Opportunity Goal
34 CFR 300.123 and 300.124…………………………………………………... 7
III. Confidentiality of Personally
Identifiable Information
34 CFR
300.127……………………………………………………………….… 9
IV. Child Identification/Child Find
34 CFR
300.125………………………………………………………………... 21
V.
Evaluation
and Determination of Eligibility
34 CFR
300.126……………………………………………………………….. 27
VI. Individualized
Education Programs
34 CFR
300.128………………………………………………………….…….. 45
VII. Least Restrictive
Environment
34 CFR
300.130………………………………………………………….…….. 61
VIII. Transition of Children from Part C to
Preschool Programs
34 CFR
300.132………………………………………………………….…….. 68
IX. Nonpublic Special Education
Programs/Facilities and Private Schools
34 CFR 300.133………………………………………………………….……..
70
X. Performance Goals and Indicators
Participation in
Assessment……………………………………………………. 75
XI. Procedural Safeguards
34 CFR
300.129………………………………………………………….…….. 77
XII. Personnel Development Plan
34 CFR
300.135…………………………………………………………….….. 89
XIII. Use
of Part B Flow-Through Funds
CFR 300.155…………………….……………………….……………….…….
91
Excess Cost Requirement
CFR
300.184-185……………………………………………………….….….
91
Non-Supplanting
CFR
300.153……………………………………………………………….…. 91
Permissive Use of Funds
CFR
300.235…………………………………………………………………... 92
Treatment of Charter Schools and Their
Students
CFR
300.241…………………………………………………………………... 92
Use of Part B Funds for the Benefit of
Students with Disabilities
Placed in Private Schools
CFR
300.458…………………………………………………………………... 92
XV. Policy and Procedural Development
34 CFR
300.148………………………………………………………………..105
I. FREE
APPROPRIATE PUBLIC EDUCATION
34 CFR 300.121 and 300.122
IAC 226.50, 226.220, 226.400, 226.410,
and 226.700
Section
I. The Provision of a Free
Appropriate Public Education (FAPE)
A.
(226.50)
(226.700 (b)) (226.710) Bloomington Public Schools policies and procedures
provide an opportunity for parents or guardians of children with disabilities
to participate in the establishment of the full educational opportunity goal
(FEOG).
B. The
District shall create public awareness of special education and related
services and advise the public of the rights of children with disabilities
pursuant to School District developed procedures.
C. (226.50)
(226.700) (226.710) The District provides and maintains appropriate and
effective educational programs in order to afford every child with a disability
who is enrolled in the District, between the ages of 3 and 21, and who requires
special education and related services to address the adverse effect of the
disability on his/her education a free appropriate public education. As part of this effort, the District
provides all eligible children, who are residents of the District, with a comprehensive
program of special education, which includes the following:
1.
Systematic
procedures for identifying and evaluating the need for special education and
related services;
2.
(226.300)
(226.700 (d)(3)) A continuum of appropriate alternative placements available to
meet the needs of children for special education and related services which may
include, but is not limited to, any of the following:
a. Regular
classes;
b. Special
classes;
c. Special
schools;
d. Home/hospital
services; and
e. State
operated or nonpublic programs.
3.
An
evaluation of appropriate and adequate facilities, equipment, and materials;
4. (226.700 (d)(4)) Sufficient numbers of
qualified personnel employed by the district who can provide:
a)
Administration
and supervisory services;
b)
Instructional
and resource services;
c)Related services; and
d)
Transportation
services
5. (226.700
(d)(6)) Functional relationship with those public and private agencies, which
can supplement or enhance the special education programs of the public schools;
6. (226.700
(d)(7)) Interaction with parents and with other concerned persons, which
facilitates the educational development of children with disabilities; and
7. (226.700
(d)(9)) Procedures for internal evaluation of the special education programs
and services provided.
D. (226.50)(226.700) Bloomington Public Schools has established a
viable organizational and financial structure and annually assesses the need
for program growth and improvement.
E. (300.121)
(226.50) Bloomington Public Schools will provide a free appropriate public
education (FAPE) to all children with disabilities between the ages of 3 and
21, including children with disabilities who have been suspended or expelled
from school for more than 10 consecutive school days during the school year, or
who receive a series of removals that constitute a pattern. In order to meet the requirements of a free
appropriate public education, the district ensures that:
1. (300.300(a)(2))
(226.50) (226.100) All children ages birth through 21 who are suspected of
having a disability which adversely affects educational performance are
identified, located and evaluated in accordance with the Child
Identification procedures found in Chapter IV. As part of this obligation, the school district shall develop and
implement procedures found in Chapter IV for creating public awareness of
special education and related services and for advising the public of the
rights of children with disabilities.
2. (300.301(b))
(226.50) All special education and related services identified on the student’s
IEP are provided at no cost to the parent.
3. (300.300(a)(3)(i))
(226.50) All IEPs are developed in accordance with the procedures set forth in
Chapter VI, Individualized Education Programs. The IEP must specify the special education and related services
needed in order to ensure that the child receives FAPE, including any extended
school year services, if appropriate.
The services and placement needed by each child with a disability to
receive FAPE must be based on the child’s unique needs and not on the child’s
disability. The school district shall
ensure that students with disabilities are afforded the rights and privileges
equal to those of all other children including nonacademic and extracurricular
services and activities.
4. All
special education and related services identified on the IEP are provided as
documented on the IEP.
F. (300.121(c)(1)(i)) (226.50 c)) A free appropriate public education shall be made available to all eligible children with disabilities no later than the child’s third birthday. If the child turns 3 over the summer, the child’s IEP team shall determine the date when services will begin. Services must begin no later than the first day of school of the fall semester for a child who turns 3 during the summer and is determined eligible for special education services.
G. (300.121(e)(1)(2)) Special education and
related services will be provided to an eligible child even though the child is
advancing from grade to grade. The
decision as to whether a student with a disability who is advancing from grade
to grade is eligible for services shall be determined on an individual basis by
the child’s IEP Team in accordance with the Evaluation and Determination of
Eligibility Procedures found in Chapter V.
H. (226.50 (g)) No child with a disability between the ages of 3 and 21 shall be permanently excluded from school, either by direct action of the district, by indication of the district’s inability to provide an educational program, or by informal agreement between the parents and the district.
I. (226.50 (h) If a child with a
disability who is receiving special education from a local school district
transfers to another district, the receiving district shall ensure that the
child receives FAPE in conformity with the child’s IEP. If the receiving school district is unable
to obtain a copy of the child’s current IEP or a verbal confirmation of the
requirements of the IEP from the previous school district, the child shall be
enrolled and served in the setting that the district believes will meet the
child’s needs until a copy of the current IEP is obtained or a new IEP is
developed by the district. In no case
shall a child be allowed to remain without services during this interim
period. Procedures for enrolling
transfer students can be found in Chapter VI, Individualized Educational
Programs, Section VII.A.
J. (226.50(i))
The school district is responsible for ensuring that no eligible student with
disabilities is denied FAPE due to jurisdictional disputes among agencies.
K. The District
need not provide a child with services during periods in which the child has
been removed from his/her current placement for 10 school days or fewer in a
particular year, if services are not provided to a child without disabilities
who has been similarly removed.
However, an eligible child who has been suspended or expelled from
school for more than 10 school days during a particular school year shall
continue to receive services necessary to enable the child to appropriately
progress in the general curriculum and appropriately advance toward achieving
the goals set out in the child’s IEP.
Section
II. Exceptions to a Free and
Appropriate Public Education (FAPE)
A. (300.122(a)(3)(i))
(226.50 k)) A free appropriate public education shall cease once the student
with a disability graduates from high school with a standard high school
diploma. A “GED” is considered a standard high school diploma. Students
with disabilities receiving “certificates of attendance” shall remain eligible
for FAPE through the student’s 21st birthday. Children who become 21 during the school
year shall be allowed to complete that year which may include extended school
year services.
B.
(300.122(a)(2)(i))
(226.50(l)) The district shall not provide a free appropriate public education
to students who prior to their incarceration in adult correctional facilities,
were not identified as having a disability requiring special education and
related services and did not have an IEP in his/her educational placement
immediately prior to incarceration.
Section
III. Provision of FAPE for Children
Suspended or Expelled from school
The
IEP must be implemented in accordance with the procedures found in Chapter VI,
Individualized Education Programs and the discipline regulations.
II. FULL EDUCATIONAL OPPORTUNITY GOAL
34 CFR 300.123-125
IAC 226.50, 226.220, 226.700, 226.740,
and 226.800
Section
I. Establishment of the Goal
A. (300.123)
Bloomington Public Schools has established a goal of providing a full
educational opportunity to each child with a disability ages 3 through 21,
regardless of the severity of the child's disability.
1.
(225.50(c))
The Director of Special Education is responsible for insuring that for
each child with a disability an IEP or IFSP is developed and implemented by the
child’s third birthday.
2.
(300.124)
(226.700(b)) The Director of Special
Education is responsible for
ensuring that the full education opportunity goal is achieved for all children
with disabilities.
B. Attainment
of the full educational opportunity goal for children, ages birth through two,
will be accomplished through full participation in, and full implementation of
the "Infants and Toddlers with Disabilities Act" (Public Law 105-17,
Part C).
C. The
school district shall annually collect the following information regarding
children with disabilities residing within the jurisdiction of the school
district:
1.
The number
of children with disabilities ages three through 21 in need of special
education and related services.
2.
The number
of children with disabilities ages three through 21 receiving special education
and related services by disability category.
3.
The number
of private school children with disabilities attending private schools (annual
“census”) receiving special education and related services.
D. (20
USC 1418, Sec. 618(a)) (34 CFR 300.125 (b)(3)(i)) (226.700) (226.800) The
school district annually collects the following information:
1.
The number
of children with disabilities, by race and ethnicity, who are receiving a free
appropriate public education
2.
The number
of children with disabilities, by race and ethnicity, who are receiving early
intervention services.
3.
The number
of children with disabilities, by race, ethnicity, and disability category, who
are participating in regular education.
4.
The number
of children with disabilities, by race, ethnicity, and disability category, who
are in separate classes, separate schools or facilities, or public or private
residential facilities.
5.
The number
of children with disabilities, by race, ethnicity, and disability category, who
between the ages of 14 to 21, stopped receiving special education and related
services because of program completion or other reasons and the reasons why
those children stopped receiving special education and related services.
6.
The number
of children with disabilities, by race, ethnicity, and disability category, who
under subparagraph (A)(ii) and (B) of Section 615(k)(1) of IDEA are removed to
an interim alternative educational setting.
7.
The number
of children with disabilities who are subject to long-term suspensions or
expulsions.
8.
The number
of special education teachers.
9.
The number
of related services personnel.
10.
The cost of
all personnel.
11.
The number
of students receiving special education transportation.
12.
The types
of alternative placements available for children with disabilities.
13.
The number
of children served in each type of placement.
III. CONFIDENTIALITY
OF PERSONALLY IDENTIFIABLE INFORMATION
34 CFR 300.127, 300.560-576
IAC 226.220, and 226.740
Section
I. Confidentiality
A. (105
ILCS 10/4(a)) (300.572(c)) (226.740) The school district shall designate a
Records Custodian to take all reasonable measures to ensure compliance with the
confidentiality requirements of the Illinois School Code, Illinois School
Student Records Act, Individuals with Disabilities Education Act Amendments of
1997, Illinois Mental Health and Developmental Disabilities Confidentiality
Act, and Family Educational Rights and Privacy Act.
B. (105
ILCS 10/4(a)) (300.562) (300.572) The Records Custodian shall assume
responsibility for ensuring the confidentiality of any personally identifiable
information and shall:
1. Respond to any request for inspection and review of an
education record, including a request for a copy of an education record;
2. Respond to any request for an explanation or interpretation
of an education record;
3. Respond
to any request to amend or destroy an education record;
4.
Respond to
any request to disclose or release personally identifiable information and/or
school student records;
5.
Keep a
record of parties obtaining access to education records (except access by
parents and authorized employees of the school district), including the name of
the party, the date access took place, and the purpose of the authorized use;
7. (226.740(d)) Maintain, for public inspection, a current
listing of the names and positions of the employees who may have access to
personally identifiable information;
8. Provide
upon request from the parents or the student at the age of majority, a list of
the types and locations of education records collected, maintained, or used by
the school district; and
9. (300.572(a)) (226.740(b)) Take all reasonable measures to
protect the confidentiality of personally identifiable information at
collection, storage, disclosure, and destruction stages.
C.
(300.572(c)) The school district shall take all actions necessary to
ensure that each person
collecting or using personally identifiable information
is knowledgeable of the policies
and procedures governing confidentiality of personally
identifiable information.
D. (300.562)
(105 ILCS 10/5, 10/6, 10/7) (23 IAC Subpart K 375.30) The school district will
notify the parent/guardian or the student at the age of majority of their right
to access the education record, to request amendments and to request a records
hearing:
1. Upon the initial enrollment or transfer of a student to the
school, the school will notify the student and the student's parent(s) if the
student is under the age of majority, of their rights under the Illinois School
Student Records Act and the Individuals with Disabilities Education Act
Amendments (IDEA), including, but not limited to, the following:
a) (300.565) The types and location of information contained in
the permanent and temporary records.
b) The right to inspect and copy permanent and temporary
records and the cost of copying such records.
The local district shall not charge a fee to search for or to retrieve
information from the child’s educational record.
c) The right to control access and release of school student
records and the right to request a copy of information released.
d) The rights and procedures for challenging the contents of
the school student record.
e) The persons, agencies or organizations having access to the
student records without parental consent.
f) The right to copy any school student record or information
contained therein proposed to be destroyed or deleted and the school's schedule
for reviewing and destroying such information.
2. Notification will be delivered by the means most likely to
reach the parents or the student at the age of majority, including direct mail,
parent-teacher conferences, delivery by the student to the parent, or
incorporated in a "parent-student" handbook or other informational
brochure for students and parents disseminated by the school.
Section II. Inspection and Review of Education Records
A. (300.562(a))
(226.740(e)) The school district shall permit an authorized person and/or a
representative of the parent to inspect and review all educational records
relating to their student maintained by the school district or by a party
acting for the school district.
B. Upon
receiving a request from any authorized person to inspect and review an
education record, the Records Custodian shall verify that the person requesting
to inspect and review the record is an authorized person. The Records Custodian shall presume that the
parent has authority to inspect and review records relating to his or her child
unless the school district has been advised that the parent does not have the
authority under applicable state law governing such matters as guardianship,
separation and divorce. 750 ILCS sets
forth the rights, responsibilities and powers of joint custody and the access
to the child’s records.
C. (105ILCS10/5)
(300.563) Upon receiving a request to inspect and review a record from a person
authorized to do so, the Records Custodian shall review the record and
determine whether the record, which the authorized person has identified, is an
educational record as defined in Section III of these procedures.
1.
In
determining whether a record that an authorized person wishes to inspect and
review is an education record within the meaning of Section 7 of the Illinois
School Student Records Act (105 ILCS 10/7), the Records Custodian may exclude
from parental inspection and review any record prepared by a school district
staff member that is exclusively maintained by the individual and not disclosed
to any other person other than an individual temporarily substituting for the
staff member who prepared the record.
2.
(300.564)
The Records Custodian will protect the confidentiality of other children named
or referred to in an education record.
An authorized person will be allowed to review only those portions of an
education record, that contain information on one student. Any other specific information regarding the
student that cannot be directly inspected or reviewed because of the
confidentiality rights of other students, will be discussed and interpreted by
the Records Custodian.
D. (105
ILCS 10/5 (c)) The Records Custodian shall comply with a request by an
authorized person to inspect and review an education record without unnecessary
delay:
1. Before any meeting or hearing relating to the
identification, evaluation, or placement of the student; and
2. In no case more than 15 school days after the date of
receipt of a written request has been made.
E. The
Records Custodian shall ensure that an authorized person who requests an
explanation or interpretation of any information contained in an education
record receives an appropriate explanation or interpretation.
1. For an authorized person who is deaf, an appropriate
explanation or interpretation of the information contained in the education
record may be provided in writing.
2. For an authorized person who cannot be physically present at
a meeting held by the school district to explain the record, an appropriate
explanation or interpretation may be provided either by telephone or in
writing.
3. For an authorized person for whom English is not the primary
language, an appropriate explanation or interpretation of the information
contained in the education record will be provided in the primary language of
the person.
F. (300.566)
(23 IAC, Subpart K Section 375.50) If requested by an authorized person, the
Records Custodian shall provide copies of the education record if he/she determines
that the parent will be effectively prevented from exercising his/her right to
inspect and review an education record at the location where it is normally
maintained (or at any other location where the school district offers to
produce it) without incurring significant expense or personal hardship. The district may charge a reasonable fee for
copies of records. The district shall
not charge a fee when the Records Custodian determines that, for the parent in
question, the amount of the fee for the copying of the document would result in
a significant expense or personal hardship.
Section
III. Type of Records Entitled to
Access
A. (105
ILCS 10/5) (300.563) Upon receiving a request to inspect and review a record
from a person authorized to do so, the Records Custodian shall review the
record and determine whether the record the authorized person has identified is
an educational record.
1. Information maintained in the
"Student Permanent Record" shall consist of:
a) Basic identifying information,
including the student’s and parents' names and address, birth date and place,
and gender;
b) Academic transcripts;
c) Attendance record;
d) Accident
report and health record;
e) Scores received on the Prairie State
Achievement Examination;
f) Record of release of permanent record
information; and
2. May
also consist of:
a) Honors and awards received; and
b) Information concerning participation in
school-sponsored activities or athletics, or offices held in school-sponsored
organizations.
3. No other information shall be placed in the student
permanent record. The permanent record shall be maintained for at least 60
years after the student graduates, transfers or permanently withdraws from the
district.
4. (23
IAC Subchapter K 375.10) Information maintained in the "Student Temporary
Record" shall include a record of release of temporary record information
and may include:
a) Family background information;
b) Intelligence test scores;
c) Aptitude test scores;
d) Psychological reports;
e) Achievement test results including scores on the Illinois
Standards Achievement Test;
f) Participation in extracurricular
activities including any offices held in school-sponsored clubs or
organizations;
g) Honors and awards received;
h)
Teacher
anecdotal records;
i)
Disciplinary
information including information regarding serious disciplinary infractions
that resulted in expulsion, suspension, or the imposition of punishment or
sanction. For purposes of this
provision, serious disciplinary infractions means: infractions involving drugs,
weapons, or bodily harm to another.
j) Special education files including
evaluation reports, IEPs, test
protocols, and all records and tape recordings relating to special
education placement, hearings and appeals;
Test protocols shall be maintained in the student's temporary record as
long as they are relevant to the student's identification, evaluation, and/or
placement in special education. Test
protocols may be replaced by new test protocols if it is determined that the
prior protocols are no longer relevant to the current identification,
evaluation, and placement of the student.
When a parent/guardian or representative has questions regarding
assessment data, the individual who evaluated the student will, if employed and with sufficient notice, be
available for discussion.
k) Any verified reports or information from non-educational
persons, agencies or organizations;
l)
Other
verified information of clear relevance to the education of the student; and
m)
The
District will maintain the student’s temporary record for at least 5 years
after the child transfers, graduates, or permanently withdraws.
B.
The student
record shall not include information maintained by law enforcement
professionals working in the school.
C.
The student
record shall not include writings or other recorded information maintained by
an employee of the school district or other person at the direction of the
school district for his/her exclusive use, provided that all such writings and
other recorded information are destroyed not later than the student’s
graduation or permanent withdrawal from the school, and provided that no such
records or recorded information may be released or disclosed to any person
except a person designated by the School unless they are first incorporated in
a School student record and made subject to all of the provisions of Federal
and State law.
D.
The School
Districts destruction of records shall be pursuant to prior notice to the
parent/guardian and in accordance with federal and state law.
Section
IV. Amendment of Education Records
A. (105 ILCS
10/7) (300.567) An authorized person who believes that information in the
education record is inaccurate or misleading or violates the privacy or other
rights of the student exclusive of grades of the student and references to
expulsions or out-of-school suspensions may, if the challenge is made at the
time the student’s records are forwarded to another school which the child is
transferring, request the school district to amend the information.
B. The
Records Custodian, upon receiving a request from an authorized person, shall
decide whether to amend the information as requested within fifteen (15) school
days from the date of receipt of the request.
1. The Records Custodian will amend information determined to
be "inaccurate or untrue or that cannot be substantiated.”
2. The Records Custodian will amend information determined to
be misleading. The Records Custodian
will amend an education record if he/she concludes that a reader who is
unfamiliar with the content of the education record would be likely to arrive
at an inaccurate conclusion regarding the personal characteristics or history
of the student who is the subject of the educational record.
3. The
Records Custodian shall determine that the information contained in an
education record "violates the privacy or other rights of the
student":
a) if disclosure would cause severe embarrassment or other
adverse consequences for the student and the student's parents; and
b) the information need not be included in
the education record in order for the education record to be appropriately used
by the school district.
C. (23
IAC Subchapter K 375.90) (300.568) (300.570) If the Records Custodian refuses
to amend the information, the Records Custodian shall inform the authorized
person of the refusal and advise the authorized person of his or her right to
an informal conference and hearing.
1. An
initial informal conference with the parents must be held within fifteen (15)
school days from the date of the receipt of a written request for a
hearing. The written request should
include the specific entries to be challenged and the basis of the challenge.
2. If the dispute is not resolved by the informal conference,
formal procedures shall be initiated:
a) A hearing officer, who shall not be employed in the
attendance center where the student is enrolled, shall be appointed by the
school district.
b) The hearing officer shall conduct a
hearing within a reasonable time, but no later than fifteen (15) school days
after the informal conference, unless the parents and school officials agree
upon an extension of time. The hearing
officer shall notify the parents and the school officials of the time and place
of the hearing.
c) At
the hearing, all parties shall be advised of their rights outlined in the
Illinois School Student Records Act (105 ILCS 10).
D. (23 IAC Subchapter K 375.90(c)(2)(D)) A
verbatim record of the hearing shall be made by a tape recorder or a court reporter. The district shall provide a typewritten
transcript in the event of an appeal of the hearing officer's decision.
E. (23 IAC Subchapter K 375.90) The
written decision of the hearing officer shall, no later than 10 days after the
conclusion of the hearing, be transmitted to the parents and the school
district. It shall be based solely on
the information presented at the hearing and shall be one of the following:
1. To retain the challenged contents of the student record;
2. To
remove the challenged contents of the student record; or
3. To change, clarify or add to the
challenged contents of the student record.
F. Any
party shall have the right to appeal the decision of the local hearing officer
to the Regional Superintendent of the Educational Service Region serving the
school district within twenty (20) school days after such decision is
transmitted. If the parent appeals, the
parent shall so inform the school and within ten (10) school days, the school
shall forward a transcript of the hearing, a copy of the record entry in
question and any other pertinent materials to the Regional Superintendent of
the Educational Service Region. The
school may initiate an appeal by the same procedures. Upon receipt of such documents, the Regional Superintendent of
the Educational Service Region shall examine the documents and record to
determine whether the school district's proposed action in regard to the
student's record is in compliance with the School Student Record Act, make
findings and issue a written decision to the parents and the school within
twenty (20) school days of the receipt of the appeal documents. If the subject of the appeal involves the
accuracy, relevance, or propriety of any entry in special education records,
the Educational Service Region Superintendent should seek advice from special
education personnel:
1. Who
were not authors of the entry; and
2. Whose
special education skills are relevant to the subject(s) of the entry in
question.
G. (23
IAC Subchapter K 375.90) (300.574) The school district shall be responsible for
implementing the decision of the Regional Superintendent of the Educational
Service Region.
H. (300.569(a))
If, as a result of the hearing, it is determined that the information is
inaccurate, misleading or otherwise in violation of the privacy or other rights
of the student, the Records Custodian shall amend the information within 10
days and shall provide written notice to the authorized person requesting the
amendment.
I. (300.569 (b)) If, as a result of the
hearing, it is determined that the information is not inaccurate, misleading or
otherwise in violation of the privacy or other rights of the student, the
Records Custodian shall inform the authorized person within 5 days of the
decision of their right to place in the record a statement commenting on the
information or setting forth any reasons for disagreeing with the decision of
the school district.
J. (105
ILCS 10/7(d)) (300.569 (c)) The Records Custodian shall ensure that a statement
placed in an education record as described in Subsection I above:
1. Is maintained by the school district as part of the record
of the student as long as the record or contested portion is maintained by the
school district; and
2. Is disclosed by the school district to any party to whom the
records of the student are disclosed.
Section
V. Release of Personally
Identifiable Information
A.
(300.571)
The Records Custodian shall obtain written parental consent or consent from the
student at age of majority before permitting personally identifiable
information to be used for any purpose other than meeting a requirement under
these procedures.
In certain instances information maintained in the student’s educational
record may constitute a mental health record, the release of which must
comply with the requirements of the Mental Health and Developmental
Disabilities Act (740 ILCS 110/3), which requires the written consent of any
student 12 years of age or older.
B. (300.517)
The Records Custodian shall obtain written parental consent or consent from the
student at the age of majority before permitting personally identifiable
information to be disclosed to anyone other than officials of participating
agencies collecting or using information for the purposes described in these procedures
and only where the disclosure is consistent with all applicable federal
statutes and of the Illinois School Code.
C. (105
ILCS 10/6) The school district may not release, transfer, disclose or otherwise
disseminate information maintained in the school student record, except as
follows:
1.
To a parent
or student or person specifically designated as a representative by a parent.
2.
To an
employee or official of the school or school district or State Board of
Education with current demonstrable educational or administrative interest in
the student, in furtherance of such interest.
3.
To the
official records custodian of another school within Illinois or an official
with similar responsibilities of a school outside Illinois, in which the
student has enrolled, or intends to enroll, upon the request of such official
or student.
4.
To any
person for the purpose of research, statistical reporting or planning, provided
that no student or parent can be identified from the information released and
the person to whom the information is released signs an affidavit agreeing to
comply with all applicable statutes and rules pertaining to school student
records.
5.
Pursuant to
a court order, provided that the parent shall be given prompt written notice
upon receipt of such order of the terms of the order, the nature and substance
of the information proposed to be released in compliance with such order and an
opportunity to inspect and copy the school student records and to challenge
their contents.
6.
To any
person as specifically required by state or federal law.
7.
(300.576)
To juvenile authorities when necessary for the discharge of their official
duties who request information prior to adjudication of the student and who
certify in writing that the information will not be disclosed to any other
party except as provided under law or order of the court. For purposes of this Section “juvenile
authorities” means: (i) a judge of the circuit court and members of the staff
of the court designated by the judge;
(ii) parties to the proceedings under the Juvenile Court Act of 1987 and
their attorneys; (iii) probation
officers and court-appointed advocates for the juvenile authorized by the judge
hearing the case; (iv) any individual, public or private agency having custody
of the child pursuant to court order;
(v) any individual, public or private agency providing education,
medical or mental health service to the
child when the requested information is needed to determine the appropriate
service or treatment for the minor;
(vi) any potential placement
provider when such release is authorized by the court for the limited purpose
of determining the appropriateness of the potential placement; (vii)
law enforcement officers and prosecutors; (viii) adult and juvenile
prisoner review boards; (ix) authorized military personnel; (x)
individuals authorized by court.
8.
Subject to
regulations of the State Board, in connection with an emergency, to appropriate
persons if the knowledge of such information is necessary to protect the health
or safety of the student or other persons.
9.
To any
person, with the prior specific-dated written consent of the parent designating
the person to whom the records may be released, provided that at the time any
such consent is requested or obtained, the parent shall be advised in writing
that he has the right to inspect and copy such records in accordance with
Section 5, to challenge their contents in accordance with Section 7 and to
limit any such consent to designated records or designated portions of the information
contained therein.
Section
VI. Destruction of Records
(105 ILCS 10/4) Notice will be provided
to inform parents prior to the destruction of records. The notice shall describe the personally
identifiable information that the school district intends to destroy and shall
inform the parents that the information will be destroyed no earlier than 60
days from the date of the notice. The
notice shall also outline the procedure that the parents may follow if they
wish to formally object to the destruction of the records in question.
Section
VII. Transfer of Records
A. (23
IAC Subchapter K 375.70) (300.576) The Records Custodian shall forward within
10 calendar days of notice of the student’s transfer to any other private or
public elementary or secondary school located in this or any other state a copy
of the student’s unofficial record of the student’s grades to the school to
which the student is transferring. The Records Custodian at the same time shall
forward to the school to which the student is transferring the remainder of the
student’s school student record and a “Certification of Good Standing”
form. “In good standing” means that the
student’s medical records are up-to-date and complete and the student is not
being disciplined by a suspension or expulsion.
1. Prior written notice must be provided
to the parent regarding the nature and substance of the information being
released/transferred. Written parental
consent is not required to transfer the student’s School Student Record to the
receiving public school district, unless the record constitutes a mental health record as defined in the
Mental Health and Developmental Disabilities Act (740 ILCS 110/3) which
requires the written consent of the student 12 years of age or older.
2. The
Records Custodian shall send the parent and the student at age of majority
notice that the record is being forwarded to the new district. The notice shall advise the parent and the
student at the age of majority of their right to inspect the record being
transferred.
3. (105
ILCS 5/4(f)) The district shall maintain a copy of the transferring student’s
temporary record for a period of not less than 5 years. The student temporary record will be destroyed not later than July 1 of
the fifth year after the student’s permanent withdrawal from educational
programs or graduation, whichever occurs first. The district shall maintain for 60 years the student’s permanent
record as defined in Section III. A.1.a-e.
B. (23
IAC Subchapter K 375.75) Students with disabilities whose “Certificate of Good
Standing” form shows incomplete medical records must be treated the same as
non-transfer students regarding exclusion for failure to obtain the required
examinations or immunizations. Students with disabilities whose “Certificate
of Good Standing” form shows that the student is currently serving a suspension
or expulsion must be enrolled and FAPE must be provided in accordance with an
IEP. The school district shall follow
the procedures for transfer students outlined in Chapter VI- Individualized
Education Programs, Section VIII.
IV. CHILD IDENTIFICATION/CHILD FIND
34 CFR 300.125, 300.220
IAC 226.50, 226.100, 226.110
Section
I. Public Awareness and
Child-Find
A.
(300.125),
(226.50), (226.100) Bloomington Public Schools conducts activities for creating
public awareness of special education programs, advising the public of the
rights of eligible children and parents and alerting community residents of the
need to identify, locate and evaluate children, aged birth through 21, who are
suspected of having a disability which adversely affects educational
performance. This includes children who
are between the ages of birth and 21 attending private and religiously
affiliated schools. The School District is responsible for:
1. Developing
and revising all child-find materials;
2. Ensuring
that all children, birth through 21, identified through child-find activities
are referred for appropriate services as required by 23 Illinois Administrative
Code 226 and 34 CFR Part 300 of the IDEA Amendments of 1997;
3. (226.100
(3)) Establishing and maintaining ongoing communication with all staff,
organizations, agencies, and individuals to ensure that all activities are
carried out in a manner consistent with the requirements of 23 Illinois
Administrative Code 226 and 34 CFR Part 300 of the IDEA Amendments of 1997; and
4. Conducting
professional development activities and ongoing training to ensure that
child-find, referral, and screening activities are carried out in a manner
consistent with the timelines and requirements found at 23 Illinois
Administrative Code 226 and 34 CFR Part 300 of the IDEA Amendments of 1997.
B. Methods
utilized by the school district to conduct the awareness activities include the
following:
1. Utilization
of various local media resources including television, radio, and newspaper.
2. Development
of communication links with various agencies that provide services to eligible
children within the community and dissemination of child-find materials to
hospitals, clinics, pediatricians, pediatric nurses, and social service
professionals involved in family or child services.
C. (226.50)
(226.100) The District’s public
awareness activities shall include:
1. Annual
notification to all parent(s)/guardian(s) in the School District regarding the
special education services available in or through the School District and of
their right to receive a copy of 23 IL Administrative Code Part 226; and
2.
Annual dissemination of
information to the community served by the School District regarding the
special education services available in or through the School District and the
rights of children with disabilities.
D. (226.100)
The school district will use an ongoing system to locate, identify and evaluate
all children suspected of being eligible for special education who are not
currently enrolled in the school's educational program, ages birth through 21,
and who meet residency requirements including children in nonpublic schools. This ongoing system will include the
following:
1.
(300.125(b)(3)(i)(ii))
Collecting, maintaining and reporting current and accurate data on all child
identification activities;
2.
(300.125(b)(3)(i)(ii))
Evaluating the overall success and effectiveness of both the public awareness
campaign and the total identification process;
3.
Modification of the school district’s public awareness and child-find
activities as
necessary and appropriate.
Section II. Screening
A.
(300.125)
(226.100) Screening is an activity to locate children, birth through 21 years
of age, who may need special education services to maintain satisfactory
educational performance even though they are advancing grade-to-grade. The
screening procedures described in this section shall be available to all children
residing within the district, including children with suspected disabilities
attending private and religiously affiliated schools and highly mobile children
such as migrants and homeless children.
B. (226.100)
The school district implements the following types of child-find activities:
1. (226.100(a)(1))
Annual screening of children under the age of five to identify those who may
need early intervention or special education and related services to maintain
satisfactory educational performance;
2. Hearing
and vision screening at regular intervals during the child's school career (see
the Child Vision and Hearing Test Act 410 ILCS 205 and Section 27-8 of the
School Code – 105 ILCS 5/27-8);
(Illinois Department of Human Services, Rules
and Regulations Pursuant to Hearing Screening, 77 Illinois Administrative Code
675.110 specifically requires hearing screening: a) annually for all preschool
children three years of age or older; b) annually for children in grades
kindergarten, 1, 2, and 3; and c) after grade 3 for teacher referrals and
students transferring into schools who have not been previously screened. Rules and Regulations Pursuant to Vision
Screening requires vision screening: a) annually for all preschool children 3
years of age or older; b) for all children in kindergarten or first, 5th, and
9th grades; and for teacher referrals and students transferring into schools
who have not been previously screened.)
3. Annual hearing and
vision screening of all students receiving Special Education and related
services (77 Illinois-Administrative Code 675.110 and 685.110).
4.
(226.100(a)(2)) Ongoing
review by teachers and other professional personnel for
referral of those children who exhibit
problems that interfere with their educational progress and/or their adjustment
to the educational setting and who may be eligible for special education and
related services.
5.
(226.100) Coordinating and
consulting with nonpublic schools located within the
district that results in child find
activities comparable to those affecting students in the public schools;
6. (300.453(b)) On-going consulting with
representatives of early intervention programs to identify children from birth
through 2 who are suspected of having disabilities in order to ensure timely
provision of services.
C. (77
IAC 675.110) Screening must be performed by personnel who meet the
certification or other relevant licensing standards.
D. Parental
permission/consent is not required when:
1) the screening procedures do not involve direct individual contact
with the student (observation, interviewing of teachers or reviewing of
records); and, 2) When all students in a given group, e.g., all third graders,
participate in the same screening procedure with the same criteria being
applied.
E. Notice
and written permission is required prior to the implementation of any selective
screening procedure applied to a single child to determine if further
evaluation is warranted in order to eliminate any suspicion of a disability.
Notice to the parent regarding the screening and parental permission to
screen cannot be obtained using the state-mandated notice and consent
forms. The state-mandated notice and
consent forms can only be used to notify a parent/guardian of the district's
intent to evaluate or not evaluate the student and to obtain consent for a
comprehensive full and individual evaluation or reevaluation. State law does not mandate the use of a
uniform notice and permission form for screening. When notice is required and permission necessary, the district
will provide notice and obtain permission on a locally developed form.
F. (226.110)
The results of each child's screening shall be communicated in writing to the
parent if follow-up is required.
G. The
notice sent to the parent shall include a description of the problem identified
and the date, time and location of the screening activity, as well as an
explanation of the follow-up action to be taken, i.e., re-screening, and referral to the Building Intervention
Team or referral for an individual and full evaluation.
Section III. Intervention for Students with Special Needs
A. Bloomington Public Schools has
established, in each school, an Intervention Team to assist teachers serving
children who are experiencing unique problems that are interfering with
educational success. The Building
Intervention Team serves all teachers and all students.
B. The Building Intervention Team engages
in the following activities:
1. Reviewing
the problem areas in which the child is having difficulty;
2. Recommending specific intervention
strategies, supplementary aids and service and modifications;
3. Monitoring the effectiveness of the
modifications recommended and implemented and suggesting further modifications
where appropriate;
4. Collecting and reviewing information
regarding academic and social performance; and,
5. Notwithstanding 1-4 above, immediately
referring for a full and individual evaluation any student who is suspected of
having a disability that interferes with educational performance.
C. Following the request for a building
intervention meeting, the Intervention Team will meet and consider the
following:
1. The
type of interventions to be used and the reasons for the interventions; and,
2. The time frame established to implement
the interventions and their review.
D. Under no circumstances will Intervention
activities preclude, or delay, the full and individual evaluation of any child
referred by a parent, unless the district has officially considered such
request and has determined the request not to be in best interests of the child
because the child exhibits satisfactory educational performance. Intervention shall not be used to limit or
condition the right to refer a child for a full and individual evaluation.
A. (226.110(b))
Referrals may result from child-find efforts or the failure of two or more attempts to meet the needs of the child in
the regular program. Any
concerned person, including but not limited to school district personnel, the parents
of the child, or an employee of the Illinois State Board of Education may make
a referral.
B.
(226.110(a))
The school district maintains an organized referral process that is
communicated annually to all professional personnel within the system and to
persons within the community. The
referral procedures shall include:
1.
The steps
to be taken in making a referral (a request for an evaluation to determine if a
student may have a disability);
2.
The person
to whom a referral may be made;
3.
The
information which must be provided;
4.
Assistance,
if needed, to enable persons making referrals to meet all referral guidelines;
5.
Documentation
that the parents were provided notice of their rights with respect to
procedural safeguards.
C.
(226.110)
(226.75) Any person who chooses to make a referral shall be instructed to do so
in writing including the reasons for suspecting the child has a disability that
interferes with his/her performance, sign the request for referral, and provide
written consent to complete an evaluation.
D.
The request for a special education evaluation should be given to the
building principal where the child attends school or would attend school if
enrolled. If such a request is given to
an employee of the district, the employee will immediately give the referral to
the building principal.
E. (105
ILCS 5/14-8.02(b) (226.75) (226.110) The date of referral, triggering the
60-school day timeline, is the date on which informed written parental consent
to complete an evaluation is obtained or provided, or the date of application
for admittance to the public school by the parents of the child. A school day is any day, including a partial
day during the regular school year that students are in attendance at school for
instructional purposes. When a child is
referred for evaluation with fewer than 60 pupil attendance days left in the
school year, the eligibility determination must be made and, if the student is
eligible, an IEP must be in effect prior to the first day of the beginning of
the next school year.
F. (226.110(f))
If it is determined that a referral for a full and individual evaluation is not
warranted, the parent and the individual making the request must be notified in
writing using the mandated notice form.
A copy of the notice not to conduct a full and individual evaluation
shall be maintained in the student’s educational record. The parent shall be provided written notice
of the date of the referral and the reasons for which the full and individual evaluation
was requested and the reasons for which the district decided not to conduct a
full and individual evaluation. The
parents must be notified of their right to challenge the district’s decision
not to conduct a full and individual evaluation by requesting a due process
hearing.
G.
When a child
is referred for further assessment, such assessment will be conducted in
accordance with the district's evaluation and determination of eligibility
procedures. (See Chapter V- Evaluation
and Determination of Eligibility.)
34 CFR 300.126, 300.350-300.536
105 ILCS 5/14-8.02
IAC 226.130, 226.140, 226.150, 226.160,
226.170, 226.180, 226.190,
226.200, 226.210, 226.220, 226.230
Section I. Establishment of an IEP/Eligibility
Team and Securing Parental Consent
A. (300.320) (300.531) Upon receipt of a
referral for a full and individual evaluation, the district shall:
1. Schedule a meeting of the IEP team,
including appropriate potential evaluators, to
determine whether and to what extent,
further evaluation data is needed in each of the
relevant domains and from what sources
that information should be obtained.
2. Secure written parental
consent for the full and individual evaluation utilizing the
state-mandated consent form (parental consent should be
obtained after the decision
is made regarding what diagnostics/evaluations will be
done):
a) The evaluation cannot be initiated until ten
(10) days after consent is obtained
unless parent agrees to waive this time
frame.
b) (226.110(e)) If consent cannot be obtained,
the school district may request a
due process hearing to secure consent.
3.
(226.120) Ensure that all of the evaluation requirements of 34 CFR
300.530 and 23
Illinois Administrative Code are met and that a full and individual
evaluation is
conducted for each child being considered for special education and
related services.
4.
Coordinate a meeting to consider the results of the completed
evaluation.
B. Within
10 school days after the receipt of a parent(s)/guardian(s) request for an
assessment to determine whether the child is or continues to be eligible for
special education services the District will notify the parent(s)/guardian(s)
that it will conduct the assessment and make arrangements to do so or the
District will notify the parent(s)/guardian(s) of the denial of the request and
of their right to request a due process hearing.
C. (300.344)
(300.534) (226.210) The School District
shall ensure that the IEP team convened for a student shall be formed on the
basis of the student's presenting problem(s) and the suspected disability and
shall be comprised of the following participants:
1. (226.210(a))
One or both of the student's parents;
2. (226.210(j))
The student at age of majority (18
years of age), or if the parent chooses to have the student participate at any
age. Either the district or the parent
may invite the student who is the subject of the IEP meeting to attend. The district must invite the student when
the purpose of the IEP meeting is to plan for transition services needed by the
student. The notice to the student
shall conform to the requirements of Section 226.520 (b) (8) of the Illinois
Rules. If the student does not attend,
the district shall take other steps to ensure the student’s preferences and
interests are considered.
3.
(226.210(e))
Representative of the school district,
other than the child’s teacher, who is qualified to provide or supervise the
provision of special education, who is knowledgeable about the general
curriculum and is knowledgeable about the availability of resources of the
School District and who can commit services;
4.
(226.210(d))
At least one regular education teacher
of the child (if the child is, or may be, participating in the regular
education environment).
5. (226.210(c)) At least one special education teacher of the child,
or if appropriate, at least one special education provider for the child. If the child is receiving only speech and
language services, the speech and language pathologist shall fulfill this role;
6. (226.210(h))
Qualified professionals whose expertise
is necessary to interpret the evaluation data and make an informed
determination as to whether the child needs special education and related
services.
7. (300.540)
If a student is suspected of having a learning
disability, a person qualified to
conduct a diagnostic examination of
students; and
8. (226.210(k))
At the discretion of either the parent or the school district, other individuals having significant
information regarding the child; and
9. Interpreter for the deaf or foreign
language, as necessary.
10. (226.210(f)) May include a qualified
bilingual specialist or bilingual teacher, if the presence of such a person
is needed to assist the other participants in understanding the child’s
language and cultural factors as they relate to the child’s instructional need.
11.
(226.210(i))
In the case of a student for whom transition services must be planned, a representative of any agency that is
likely to be responsible for providing or paying for transition services.
12. (226.210(g) May include a person knowledgeable about positive
behavior strategies, if the child’s behavior impedes his or her learning or the
learning of others.
D. (300.344(a)(5)
A single member of the IEP team may meet two or more of the qualifications
specified in this section with the
exception of the individual assigned to represent the student’s regular
classroom teacher.
E. (300.533)
(226.120) Prior to the conduct of the evaluation, the district shall:
1.
Convene a meeting of the members of the IEP team to determine specifically
what assessments are needed in order to determine if the child has a disability
adversely affecting educational performance.
a)
An
evaluation shall cover all domains, which are relevant to the individual child
under consideration. A domain refers to
an aspect of a child’s functioning or performance that must be considered in
the cause of designing a case study evaluation. The domains are health, vision, hearing, social-emotional status,
general intelligence, academic performance, communication status and motor
abilities.
b)
The IEP
team members shall review and evaluate existing information about the child, including
the following if available:
1)
Information
from a variety of formal and informal sources, including information provided
by the child’s parent/guardian(s);
2)
Current
classroom-based assessments and observations;
3)
Observations
by teachers and providers of related services;
4)
Information,
if any, provided by the child; and
5)
Information
from specialized evaluations such as those performed by independent evaluators,
medical evaluators, behavioral interventions specialists, bilingual
specialists, etc.
c) After review of the information described above (b), the IEP
team members shall determine whether additional evaluation data is needed in
any relevant domain and from what source(s) to determine:
1) Whether the child has, or continues to
have, one or more disabling
conditions;
2)
The present levels of performance and educational needs of the child;
3) Whether the disability is
adversely affecting the child’s educational
performance;
4)
Whether the child needs or continues to need, special education and
related services; and
5) Whether and additions or
modifications to the child’s special education
and related services are needed to enable the child to meet the
goals and
objectives of his/her IEP and to participate appropriately in
the general
curriculum.
2.
(226.120(f))
The team may determine that no new assessments are necessary in order to
establish eligibility. In those unique
situations the team must document the following:
a) Based on the team’s review, it is the consensus of the team that the child does have a disability that adversely
affects educational performance;
b) The information provided is sufficient to ensure that the
IEP team can develop an appropriate program for the child; and
c) The parents were involved and notified
in writing of the decision not to conduct new or additional testing, the
reasons for such determination; and their right to request an assessment for
the purpose of determining whether the child is or continues to be eligible for
special education. If they disagree or request new or additional assessments
the team must conduct a new evaluation.
3. If evaluation data is needed, consent shall be obtained
prior to conducting the evaluation.
Parents will be provided with a copy of the Notice of Procedural
Guidelines at the time of consent.
After consent is obtained, the recommended assessments will be
completed.
4. Ensure
that:
a) (226.140(a)(d)) The student's language use
pattern and cultural
background, the
language(s) spoken in the student's home and the language(s)
used most
comfortably and frequently by the student have been determined
and documented in the student’s educational record. If the child has
a non-English-speaking
background, a determination shall be made of his or
her proficiency in English.
b)
(226.140(c)) The student's mode of communication has been determined by
assessing the extent to which the student uses expressive language and
the use
he or she makes of other modes of
communication (e.g., gestures, signing,
unstructured sounds) as a substitute for expressive language and is
documented
in the student’s educational record.
Section
II. Timeline for Convening the IEP
Meeting
A. (105
ILCS 5/14-8.02 (b)) (226.75) (226.110 (d)) The IEP meeting must be convened
within 60 school days of the date written consent to conduct the evaluation is
received.
B. (105
ILCS 5/14-8.02 (b)) (226.110) When there are fewer than 60 pupil attendance
days left in the school year, the school district will complete the full and
individual evaluation and convene the IEP meeting prior to the first day of the
fall semester.
C. (226.110(d))
The IEP team must be convened to consider the results of a triennial
reevaluation within 60 school days from the date parental consent was provided
and no more than 3 years from the date of the prior IEP meeting where the
student’s eligibility was established or reaffirmed. The IEP meeting convened to determine what additional data are
needed to complete the re-evaluation does not trigger the 60-school-day
timeline, but rather, it is triggered by the date written consent is provided.
Section III. Purpose of the Full and Individual Evaluation
A. (300.530) (226.120) The primary purpose
of conducting a full and individual evaluation is to gather educationally
relevant information sufficient to permit the IEP team to determine whether the
student is a student with a disability for whom a free appropriate public
education must be made available.
B. (300.534) In order to determine that a
student who has been evaluated is a student with a disability and is eligible
for special education and related services, the IEP team must conclude that:
1. The
student has a mental impairment, a hearing impairment including deafness, a
speech or language impairment, a visual impairment including blindness,
emotional disturbance, a physical impairment, autism, traumatic brain injury,
other health impairment, a specific learning disability, deaf-blindness, or a
multiple disability as defined in 34 C.F.R. 300.7 (b)(1)-(13));
2. The
presence of such a disability has adversely affected the educational
performance of the student; and
3. Because
of such adverse effect on the educational performance, the student is in need
of special education and related services.
C. An individual evaluation has several
outcomes, which include:
1. Identification of the student’s current skill levels
including (strengths and weaknesses);
2. Determination
of whether the student has a disability; and
3. Collection of sufficient information to measure the adverse
effect of the disabilities on educational performance.
A. (226.110)
Upon receipt of written parental consent, the District shall appoint an IEP team. No assessments shall be conducted until 10 days after consent has been secured, or the notice requirement is
waived by the parent/guardian.
B. (300.532)
(226.120) The members of the IEP team, appropriate to the evaluation domains,
shall conduct a full and individual evaluation. The evaluation shall include an assessment of all areas related
to the suspected disability and must include an individual assessment in the
domains related to the child’s suspected disability including, as appropriate,
health, vision, hearing, social and emotional status, general intelligence,
academic performance, communication status and motor abilities.
C. (226.130(j))
If a needed individualized assessment cannot be completed due to the lack of
parental involvement, religious beliefs of the family, or inability of the
child to participate in the evaluation procedure, the IEP team must ensure that the reasons for the missing assessment(s)
are documented in the child's temporary record.
D. (300.541
– 300.543) (226.170) If it is suspected that the child may have a specific
learning disability the following procedures must be followed:
1.
A member of
the IEP team must include the child’s regular education teacher, or if the
child does not have a regular classroom teacher, another teacher qualified to
teach children of his/or her age, or for a child of less than school age, an
individual qualified to teach a child of his or her age. At least one member of the team must be an
individual qualified to conduct individual diagnostic examinations of children
such as a school psychologist, LD teacher or remedial reading teacher.
2.
(300.542)
(226.130(c)) For the student suspected of having a specific learning
disability, observations of the student’s academic and behavioral performance
in the regular classroom setting by at least one member of the evaluation team
other than the student’s regular teacher. In the case of a child of less than
school age or out of school, a team member shall observe the child in an
environment appropriate for a child of that age;
3.
The
determination of a specific learning disability may be made if:
a)
The child
does not achieve commensurate with his or her age and ability levels.
b)
The team
finds a severe discrepancy between achievement and intellectual ability in one
or more of the following areas: oral expression, listening comprehension,
written expression, basic reading skill, reading comprehension, mathematics
calculation, mathematics reasoning.
c)
The team
may not identify a child as having a specific learning disability if the severe
discrepancy between ability and achievement is primarily the result of a
visual, hearing, or motor impairment; mental retardation; emotional disturbances;
or environmental, cultural or economic disadvantage.
Section
V. Nondiscriminatory Assessment
(Full and Individual Evaluation)
A. (300.532)
(300.535) (226.130(a)) (226.150) No single procedure shall be used by the IEP
team to assess whether or not a student has a disability, and any instrument or
procedure used by the team shall be:
1. Necessary and appropriate to determine the nature and extent
of a learning impairment or a suspected learning impairment or to assess
general or specific areas of educational need;
2. Appropriate for the age and stage of development of each
student to whom it is administered;
3. Validated for the specific purpose(s) for which it is used
and administered in conformance with instructions provided by its producer;
4. Free
of racial, cultural, language or sex bias;
5. Written and administered in the native language or conducted
in the mode of communication most familiar to the person being assessed, unless
it is clearly not feasible to do so;
a) The "native language" of a
student is the primary language used in the student's home, i.e., the language
most frequently used for communication between the student and his or her
parents, siblings, and other extended family members.
b) A determination that it is clearly not
feasible to write or administer an evaluation instrument in the native language
or to conduct an evaluation in the mode of communication most frequently used
for communication may only be made if no individual within the State can be
identified who is capable and willing to communicate effectively with the
student and/or his or her parents, for a reasonable fee:
1) In their native language; or
2) In another mode of communication.
6. Administered in conformity with the instructions for administration
developed by its producer;
7. Technically sound and designed to assess specific aspects of
the child’s functioning; and
8. Selected, administered and interpreted in a manner which
does not measure the level of sensory, manual or speaking skills of the person
being assessed, but rather the specified test objectives (e.g., achievement,
intelligence).
B. (300.532)
(226.130) Members of the IEP team shall ensure proper evaluation procedures are
utilized in accordance with the following requirements:
1.
(226.130(a))
Tests and other materials shall be selected and administered so as not to be
discriminatory on a racial or cultural basis.
2.
(226.130(a))
Tests shall be provided and administered in the child’s native language or
other mode of communication, unless it is clearly not feasible to do so.
3. (226.130(d)) Each standardized test shall be a valid
individual test designed to measure a specific aspect of the student's
functioning.
4. (226.130(c)) When a student is suspected of having a
specific learning disability, observation data shall be included.
5. (226.130(b) and (g)) No single procedure and no single
individual shall be used as the sole criterion or evaluator for determining
whether a child is eligible for special education and related services.
6. (226.130(h)) Assessment tools and strategies must be used
that provide relevant information and are sufficiently comprehensive to assist
in identifying all of the child’s need for special education and related
services, whether or not commonly linked to the disability according to which
the child has been classified.
7. (226.130(i)) If the assessment is conducted under
nonstandard conditions, a description of the extent to which the assessment
varied from standard conditions shall be included in the evaluation report.
8. (226.130(j)) If any needed portion of the evaluation cannot
be completed due to lack of parental involvement, religious convictions of the
family, or inability of the child to participate in the evaluation procedure,
the district shall include in the child’s evaluation report the reason(s) why
such portion(s) were not completed.
9. (226.130(k)) The individual conducting a portion of the
child’s evaluation shall be qualified in accordance with Section 226.840 of the
Illinois Administrative Code.
C. (300.532)
The District shall ensure the
use of uniform nondiscriminatory criteria in order to ensure a racially and
culturally nondiscriminatory full and individual evaluation process.
Section
VI. Evaluation Results
A. (300.535) The decision regarding eligibility for
special education can only be made by the IEP team at the conclusion of the IEP
meeting where the evaluation results are shared and interpreted. The sources used to determine eligibility
must be documented and carefully considered.
A
psychological evaluation shall be conducted and a recommendation for
eligibility be made by a school psychologist for all children determined
mentally impaired.
B. Each
evaluator shall submit an individual assessment report or contribute to a
combined report prepared jointly with other evaluators.
C. A
statement, when nonstandardized or group assessment techniques or other
informal
procedures are utilized including the specific techniques utilized and
an explanation of the results.
D. (300.543) (226.170) For a student
suspected of having a specific learning disability, the
individual assessment should
include a statement of:
1. Whether
the student has a specific learning disability;
2. The
basis for making the determination;
3. The
relevant behavior noted during the observation of the student;
4 The relationship of that behavior to
the student's academic functioning;
5. The
educationally relevant medical findings, if any;
6. Whether there is a severe discrepancy between achievement
and ability which is not correctable without special education and related
services;
7.
The
determination concerning the effects of environmental, cultural or economic
disadvantage; and
8. The determination that the behavior and/or problem exhibited
by the child that resulted in the referral is not a result of the lack of
instruction in math or reading or because of limited English proficiency.
A. (300.345)
(226.530) The district shall take steps to try to ensure that one or both
parents of the student are present at all IEP meetings.
1. Reasonable efforts to schedule the meeting at a mutually
agreed upon time and place (IEP meetings are typically
convened during regular school hours or before school or after school in the
building where the child attends school or may attend).
2. (226.520) At least 10 days prior to the meeting, notifying
parents (in their native language if other than English) and other persons who
will be attending, using the State-mandated notice form of:
a) The purpose, time and location of the
meeting;
b) The names of the persons expected to
attend;
c) A copy of the “Explanation of Procedural Safeguards
Available to Parents of Children with Disabilities;” and
d) The fact that if their child is determined to be eligible,
an IEP will be developed.
3.
(226.530)
Using reasonable efforts to convince the parents to participate may include:
a) Visits
to the parents’ home or place of employment;
b) Telephone
calls to parents;
c) Written correspondence; and
d) (226.530) Afford the parents the opportunity to participate
through the use of individual or conference telephone calls;
B. (300.345
(d)) The school district may conduct an IEP meeting without a parent in
attendance if the parent(s) do not respond to the notice provided within 10
days of receipt of the notice, or, if the school district is unable to convince
the parents to attend after attempts to arrange a mutually agreed upon time and
place for the meeting. The district shall document three attempts to
secure parental participation.
Records of attempts shall be documented in the student’s temporary
record.
C.
In cases of divorce, the custodial parent has complete decision-making
authority with respect to the educational needs of his or her child. The
resident district of the child is that district in which the custodial parent
resides. Therefore, in such cases, it is necessary to determine who the
custodial parent is. The Judgment of
Dissolution may specify the custodial parent or may reference the Joint
Parenting Agreement. Accordingly, the
same may be reviewed.
Parents with joint legal custody are entitled to an administrative review
of any action agreed to by the district and the other parent. Since only one signature is required for
consent, the recommended action/placement can go forward with the parental
consent of only one parent. A request
for due process from the challenging parent (provided the parent has demonstrated
that he/she has joint legal custody) shall serve to stay the action until the
administrative process is completed, provided the request was initiated within
10 days of the notice regarding the proposed action or prior to the
implementation of the proposed action.
Unless there is a court order to the contrary awarding both parents joint
legal custody, the parent with primary physical custody has educational
decision-making authority.
750 ILCS 5/602.1(a)-(e) sets forth the rights, responsibilities and
powers of joint custody and the access to the child’s records. This statute
provides a mechanism for resolving differences. It also requires that all
records be provided to the non-resident parent unless there is a court order to
the contrary.
A. If
any member of the IEP Team needs an electronic recording of the meeting in
order to understand the proceedings and their capacity to understand the
proceedings is limited due to a disability, then the school district will
provide a recording of the entire meeting.
B. Any
recording made by the district of an IEP meeting must be maintained with the
student's temporary record and protected under the district's confidentiality
procedures.
A. (300.534)
(226.160) On the basis of the assessment data, supporting information collected
by the IEP team, and information presented during the meeting, the team shall
determine whether the student:
1. Has
a disability defined in 34 C.F.R. 300.5 and Section 226.75 of the Illinois
Administrative Code and meets the written eligibility criteria developed by the
school district;
2. (300.7) Has a disability which has had an adverse effect on
educational performance; and
3. As a result of the adverse effect on
educational performance, is in need of special education and related services
to minimize the adverse affect.
B. (300.534)
In making eligibility determinations the IEP shall:
1. Draw upon information from a variety of sources including
aptitude and achievement tests, teacher/parent input, etc.
3 Carefully review and consider all assessment data;
4 Consider
the strengths and weaknesses of the student; and
5 (226.160(b)) Ensure that the
determination is not based on the student’s lack of instruction in math or
reading, or because of limited English proficiency.
C. (300.535)
No single procedure shall be used as the sole criterion for determining whether
or not a student has a disability, which adversely affects educational
performance, nor shall the IEP Team rely solely upon the results of tests
administered by the IEP team.
D. (300.534)
(300.7) (226.160 f)) If the IEP team determines that the student meets
eligibility criteria and is entitled to a free appropriate public education, an
IEP must be developed. Eligibility for
special education programs and services shall be determined by the presence of
one or more of the following exceptional characteristics:
1. (300.7) (226.75) Autism
impairment means a developmental disability significantly affecting verbal and
nonverbal communication and social interaction, generally evident before age 3,
which adversely affects a child’s educational performance. Other characteristics often associated with
autism are engagement in repetitive activities and stereotyped movements,
resistance to environmental change or change in daily routines, and unusual
responses to sensory experiences. The term does not apply if a child’s
educational performance is adversely affected primarily because the child has
an emotional disturbance.
2. (300.7) (226.75) Deaf-blindness
means concomitant hearing and visual impairments, the combination of which
causes such severe communication and other developmental and educational needs
that they cannot be accommodated in special education programs solely for
children with deafness or children with blindness.
4.
(300.7)
(226.75) Deafness means a
hearing impairment that is so severe that the child is impaired in processing
linguistic information through hearing, with or without amplification that
adversely affects a child’s educational performance.
4. (300.7) (226.75) Emotional/Behavioral Disorder means a
condition exhibiting one or more of the following characteristics over a long
period of time and to a marked degree that adversely affects a child’s
educational performance:
a)
An
inability to learn that cannot be explained by intellectual, sensory, or health
factors;
b)
An
inability to build or maintain satisfactory interpersonal relationships with
peers and adults;
c)
Inappropriate
types of behavior or feelings under normal circumstances;
d)
A general
pervasive mood of unhappiness or depression; or
e)
A tendency
to develop physical symptoms or fears associated with personal or school
problems.
The term does not apply to children who
are socially maladjusted unless it is determined that they have an emotional
disturbance.
5.
(300.7)
(226.75) Hearing Impairment
means an impairment in hearing, whether permanent or fluctuating, that
adversely affects a child’s educational performance but that is not included
under the definition of deafness.
6.
(300.7)
(226.75) Mental Impairment means
significantly subaverage general intellectual functioning, existing concurrently
with deficits in adaptive behavior and manifested during the developmental
period that adversely affects a child’s educational performance.
7.
(300.7)
(226.75) Multiple Impairment means
concomitant impairments, the combination of which causes such severe
educational needs that they cannot be accommodated in special education
programs solely for one of the impairments.
The term does not include deaf-blindness.
8.
(300.7)
(226.75) Physical Impairment
means a severe orthopedic impairment that adversely affects a child’s
educational performance. The term
includes impairments caused by congenital anomaly (e.g., clubfoot, absence of
some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis,
etc.), and impairments from other causes (e.g., cerebral palsy, amputations,
and fractures or burns that cause contractions).
9.
(300.7)
(226.75) Other Health Impairment
means having limited strength, vitality or alertness, including a heightened
alertness to environmental stimuli, that results in limited alertness with
respect to the educational environment, that due to chronic or acute health
problems such as asthma, attention deficit disorder or attention deficit
hyperactivity disorder, diabetes epilepsy, a heart condition, hemophilia, lead
poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia,
adversely affects a child’s education performance.
10.
(300.7)
(226.75) Specific Learning
Disability means a disorder in one or more of the basic psychological
processes involved in understanding or in using language spoken or written,
that may manifest itself in an imperfect ability to listen, think, speak, read,
write, spell, or to do mathematical calculations. A student must demonstrate at least average intellectual
potential,
The term does not include learning
problems that are primarily the result of exclusionary factors that include
visual, hearing, or motor disabilities; of mental retardation; of emotional
disturbance; or of environmental, cultural, or economic disadvantage.
11.
(300.7)
(226.75) Speech or Language
Impairment means a communication disorder, such as stuttering, impaired
articulation, language impairment, or a voice impairment, that adversely
affects a child’s educational performance.
12.
(300.7)
(226.75) Traumatic Brain Injury
means an acquired injury to the brain caused by an external physical force,
resulting in total or partial functional disability or psychosocial impairment,
or both that adversely affects a child’s educational performance. The term applies to open or closed head
injuries resulting in impairments in one or more areas, such as cognition;
language; memory; attention; reasoning; abstract thinking; judgement;
problem-solving; sensory, perceptual, and motor abilities; psychosocial
behavior; physical functions; information processing; and speech. The term does not apply to brain injures
that are congenital or degenerative, or to brain injuries induced by birth
trauma.
13.
(300.7)
(226.75) Visual Impairment means
an impairment in vision that, even with correction, adversely affects a child’s
educational performance. The term
includes both partial sight and blindness.
14. (300.7) (300.313 (a) (1)) (226.75) Developmental Delay means one or more disabilities as
defined in 1-13 above for children aged 3-5.
E. (105
ILCS 5/14-8.02 (g)) If the IEP team determines that the student does not meet
eligibility criteria, the team will notify the parent using the mandated notice
form that the student is not eligible for special education and related
services.
F. (105
ILCS 5/14-8.02 (g)) If a parent disagrees with a determination made by the team
pursuant to either subsection (D) or (E) of this Section, the parent must be
advised of his or her right to request an independent educational evaluation at
public expense and/or a due process hearing to resolve the dispute.
Section X. The IEP Team Report
A. (20
USC 1414, Section 614(b)(4)(B)) (300.534) (226.160(c)) The IEP Team will complete and provide to
the parents the portion of the IEP that addresses the following:
1.
The results
and recommendations of the IEP team including a summary of all educationally
relevant information collected during the full and individual evaluation;
2.
The summary
and findings with respect to each domain assessed, identifying all evaluation
data obtained as part of the full and individual evaluation;
3.
A
description of the team’s consideration of pre-existing information about the
child, all new evaluation results obtained and any other information relevant
to the decision about the child’s eligibility;
4.
The date of
the meeting;
5.
The names.
positions and signatures of those in attendance at the meeting;
6. Any separate written statement provided
by a participant who wishes to be on record as disagreeing with the conclusions
expressed in the team’s report; and
7. Special accommodations needed in
curriculum, materials, or instructional practices.
B. (226.160(e))
A copy of the written evaluation report/IEP must be maintained in the student's
education record and is subject to the school district's confidentiality
procedures.
C. (226.160(d))
(300.345(f)) A copy of the IEP must be given to the parents at the conclusion
of the meeting. If requested by the
parent, the parent shall also be given copies of any evaluation reports.
D. (226.160(d)) At the conclusion of the IEP meeting or
within 10 school days after the meeting, the School District shall provide the parent written notice conforming
to the requirements of Section 226.520 of 23 Illinois Administrative Code.
E. (105
ILCS 5/14-8.02(b)) (300.502) If the parents disagree with the eligibility
determination, the School District
will document on the IEP that the parents were advised of their rights as
outlined in Chapter XII, Procedural Safeguards; Section X, Independent
Evaluation including their right to an independent educational evaluation
at public or private expense.
(226.180)To obtain an independent educational evaluation at public
expense, the District shall
ensure that at a minimum the following steps are followed:
1.
The parents
are given a copy of the Procedural
Safeguards Statement, which explains the parent’s right to an independent
educational evaluation at public expense.
2.
The parents
are given a list of independent evaluators, all of whom the district finds
suitable to conduct the evaluation(s) needed.
A listing of independent evaluators from which the district and parent
may choose an independent evaluator is accessible on the ISBE Internet homepage
at www.isbe.state.il.us.
3.
The
district and the parent jointly agree upon an individual(s) to perform the
evaluation. If agreement cannot be
reached as to who should conduct the independent evaluation, the district shall
inform the parents of its intent to request a due process hearing.
4.
It shall be the district’s responsibility to contact
the independent evaluator to negotiate the cost of the evaluation, the nature
of the evaluation, timeline for conducting the evaluation, and the need to have
the evaluator(s) present to discuss their findings at the IEP meeting. While the district shall not limit by board
policy the amount of money to be expended on an individual assessment, every
effort should be made to ensure that the cost for the evaluation is within the
normal, reasonable and customary rate. If the
evaluation cannot be conducted and the written report of the findings provided
to the IEP Team within 30 days from the date the evaluator was contacted, then
the parent and the district shall attempt to locate another suitable evaluator. The parent and district may mutually agree
to waive the 30-day time period. Should
the parties agree to waive the 30-day timeline, such agreement shall be
obtained in writing and documentation of the agreement maintained in the
student’s educational record.
A.
(300.534)
(300.536) (226.190) The IEP Team
shall ensure that a student with a disability receiving special education and
related services receives a reevaluation every three years, or more frequently
if conditions warrant, or if the student's parent or teacher requests, in
writing, such an individual full and individual evaluation. At a minimum a reevaluation must be
completed in the following instances:
1. Every
three years (300.536 (b));
2. Prior
to a change in eligibility (300.534 (c)(1));
3.
If the child’s
parent or teacher requests a reevaluation (300.536 (b)); and
4.
When
ordered by a hearing officer.
5.
(226.190 (c)) A reevaluation is not required for a student who graduates
from high school with a regular high school diploma, or its equivalent or
attains the age of 21.
B. (300.505) (226.540 d)) The District must ensure that written
consent for the reevaluation is obtained using the state-mandated notice and
consent form only if the IEP team determines that additional assessment data is
needed. If written consent is not obtained within 10 days, the district must
request a due process hearing to secure parental consent for the
reevaluation.
C. (105 ILCS
5/14-8.02 (b)) Each reevaluation, other than a regularly scheduled triennial
reevaluation, shall be completed and the IEP convened within 60 school days
from the date of referral.
D. (300.533)
(300.536) (226.120 (226.130) (266.140) (226.150) The full and individual
evaluation (reevaluation) shall be carried out by an IEP team which includes as
one of its members the child’s parent(s) and must include a review of existing
evaluation data on the child, including evaluations and information provided by
the parents of the child, current classroom based assessments and observations,
and teacher and related service provider observation. Based on that review, and input from the child’s parents, the IEP
team shall identify what additional data, if any, are needed. Section 300.533(b) of IDEA does not require
that a meeting be convened for the purpose of determining what additional
evaluation data are needed. However, to
ensure that the decision is made by a group that includes the individuals
described in Section 226.210 of the Illinois Administrative Code (IEP team) and
other qualified professionals, as appropriate, the district will convene an IEP meeting to determine what additional
data are needed.
1. If
the parent requests additional testing be conducted as part of the
reevaluation, the testing shall be completed.
2. If it is determined that no new testing
is necessary in order to document continued eligibility for special education
and related services and to assist the IEP Team in the development of an
appropriate individualized educational program, the IEP Team must document
continued eligibility.
E (105
ILCS 5/14-8.02 (g)) Following a request for a reevaluation, if the district
determines that a reevaluation is not warranted and three years has not elapsed
since the last evaluation, the parent and the individual requesting the
reevaluation (if other than the parent), must be notified of the district's
decision not to evaluate using the state-mandated form and must be advised of
the procedure for challenging that decision.
Section XII. Consideration of Privately Obtained Evaluations
A. If
the parent advises the District that it has recently had the child evaluated by
an individual not employed by the District, the District should request a copy
of the evaluation report, if available, for consideration by the IEP Team and
obtain consent for release of information from the private evaluator.
B. Upon
receipt of an evaluation report or a request by a parent(s)/guardian(s) to
convene an IEP Team meeting to consider an independent evaluation, the District
shall, within 10 days, send written notice of an IEP meeting.
C. At
the IEP meeting, the District shall consider the results of the evaluation in
any decision made with respect to the child’s free appropriate public
education.
34 CFR 300.128, 300.340-350
IAC 226.200, 226.210, 226.220, 226.230,
226.240, 226.250, 226.260,
226.300, 226.310, 226.320, 226. 330,
226.530, 226.800
105 ILCS 5/14-8.02
Section
I. Development of IEP
A. (226.200)
(300.340) (300.342) (300.343(b)(2)) Within 30 days after reaching a determination
that a student who is the subject of the IEP team is a student with a
disability, a meeting must be convened for the purpose of developing an IEP for
the student. Every child with a
disability receiving special education and related services must have an IEP
developed in compliance with these procedures and in effect at the beginning of
each school year.
B. The purpose of the IEP is to enable
parents and school personnel to jointly make decisions about the educational
program for a student with a disability.
The IEP has the following purposes:
1. The IEP meeting serves as a
communication vehicle between parents and school personnel and enables them to
jointly decide what the child's needs are, what services will be provided to
meet those needs, and what the anticipated outcomes may be;
2. The IEP process provides an opportunity
for resolving any differences between the parents and the school concerning a
child's needs;
3. The IEP sets forth in writing a
commitment of resources necessary to enable a child to receive needed special
education and/or related services;
4. The IEP is a management tool that is
used to ensure that each child with a disability is provided special education
and/or related services appropriate to the child's particular learning needs;
and
5. The IEP serves as an instrument for use
in determining the extent of the child's progress toward meeting the projected
outcomes. Neither a school district nor
a teacher, an administrator or other person shall be held liable under state or
federal law or regulation if a student does not achieve the annual goals and
objectives in the student's IEP.
C. (300.344)
(226.210) The specified group of persons responsible for the development of the
IEP (IEP Team) includes:
1. (226.210(e)) A representative
of the school district (other than the child's teacher) who is qualified to
provide or supervise the provision of special education, is knowledgeable about
the general curriculum, is knowledgeable about the district’s resources and has
the authority to make commitments for the provision of resources set forth in
the IEP;
2. (226.210(c))
At least one special education teacher,
or where appropriate, at least one special education provider of the
child. If possible, the special
education teacher should be the person who is or will be responsible for
implementing a portion of the child’s IEP.
If the child is receiving only speech and language services, the speech
and language pathologist shall fulfill this role;
3.
(226.210(b))
At least one regular education teacher
of the child (if the child is, or may be, participating in regular education
environment). The regular education
teacher assigned to the IEP meeting should be an individual with classroom
responsibility. The regular education teacher(s), while it is hoped
that they would stay for the entire meeting, may stay for only that portion of
the meeting that focuses on the integration of the student into the standard
curriculum, and extracurricular and nonacademic activities;
4. (226.210(a))
One or both of the child's parents;
5. (226.210(j))
(300.344 (b)(1)) The student may be
invited by either the district or the parents.
The district shall invite the student when the purpose of the IEP
meeting is to consider and plan transition services. When the student does not attend the IEP meeting, the school
district shall take other steps to ensure that the student’s preferences and
interests are considered;
6. (226.210(k))
Other individuals at the discretion
of the parent or district who have knowledge or special expertise regarding the
child, including related services personnel as appropriate;
7. (226.210(h)) For a student who has been
evaluated, an individual who is qualified to interpret the instructional
implications of the evaluation results;
8. (226.210(f))
If appropriate, a qualified bilingual
specialist or bilingual teacher;
9. (226.210(g)) If appropriate and in
those cases where the child’s behavior impedes his or her learning or the
learning of others, a person
knowledgeable about positive behavior strategies;
10. (226.210(i))
If transition services will be discussed, the school district shall invite representative(s) of other agency(s)
that are likely to be responsible for providing or paying for transition
services.
D. (300.345)
(226.530) The school district will promote and encourage parental participation
in the IEP process.
1. The
school district will schedule each IEP meeting at a mutually agreed upon time
and place, whenever possible.
2. The
school district will notify parents at least 10 days prior to any IEP meeting
using the mandated notice form of
the purpose, time and location of the meeting and the names of the persons who
will be in attendance. If the parent waives the
10-day notice, this should be documented in the student’s temporary record.
3. The
school district may conduct an IEP meeting without a parent in attendance if
the school district is unable to obtain parent/guardian participation.
4. If
neither parent is present at an IEP meeting, the school district will maintain
a record of attempts to secure parental participation such as:
a) A record of telephone calls made or
attempted and
the results;
b) Copies of correspondence and any
responses received; and
c) A record of home visits and visits to
place of employment and the results of those visits.
5. If
neither parent can attend an IEP meeting in person, the district will make
reasonable attempts to secure at least one parent’s participation, including
individual or conference telephone calls.
6. The
school district will take actions necessary to ensure that the parents
understand the proceedings of the IEP meeting, including the use of an
interpreter for parents who are deaf or limited- or non-English speaking.
E. (300.347) (226.230) The IEP shall
include the following components:
1. (226.230
(a)1)) A statement of the student's
present levels of educational performance in all areas of educational
performance adversely affected by the student’s disability. This must include a
statement of how the student’s disability affects his/her involvement and
progress in the general curriculum. For
preschool children, as appropriate, the statement must describe how the
disability affects the child’s participation in appropriate activities. The statement of present levels of educational performance may include:
a) The results of any tests
administered by the school district to the child during the individual
evaluation or as part of the regular school program;
b) The results of any non-test-based
evaluation conducted by the school district which assesses the child's social
and emotional status, general intelligence, academic performance, communicative
status, vocational aptitude, or motor abilities;
c) A description of the effects of the child's
disability on the child's educational performance, to the greatest extent
possible, in objective and measurable terms;
d) Information which fully and effectively
communicates to parents the nature and significance of test results and the
results of other evaluations including test scores which are self-explanatory
or which are accompanied by a clear and comprehensive explanation;
e) Information which is clearly linked to
the statement of annual goals, benchmarks or short-term objectives and specific
special education and related services to be provided to the child as outlined
in the IEP;
f) A description of the child’s
strengths;
g)
A description of physical
abilities and disabilities, which affect participation in instructional
situations including physical education;
h)
A description of abilities related
to the participation and integration with nondisabled students;
i)
A description of behaviors which
affect educational placement, instruction, discipline or health and safety; and
j)
Competencies, which may be
requisite to participation in vocational education.
2. (226.230
(a)(2)) A statement of measurable
annual goals, including benchmarks or short-term objectives, related to the following:
a) Meeting the child’s needs that result
from the child’s disability to enable the child to be involved in and progress
in the general curriculum or for a preschool child to participate in age
appropriate activities.
b) Meeting each of the child’s other
educational needs that result from the child’s disability.
c) The measurable annual goals shall reflect consideration of
the State Goals for Learning and the Illinois Learning Standards. The
benchmarks or short-term objectives must include, at a minimum, the following
elements:
1)
Anticipated
acquisition and/or skill mastery outcomes for each measurable annual goal;
2) Frequency and duration of services;
3) A description of what the child can reasonably be expected
to accomplish within the timeframe covered by the IEP, not to exceed a twelve-month
period; and
d) For students of secondary school age,
identify the:
(1) Anticipated academic completion of
secondary school, including the type of diploma to be issued;
(2) Beginning
at age 14, a statement of any transition services needed,
which
focuses on the child’s course of study.
If the IEP
Team
determines that transition services are not needed, the IEP
must
include a statement to that effect and the basis upon which
the
determination was made.
(3) (226.230 (d)) When the child reaches
14 ½ the IEP must include
goals
for employment, postsecondary education, or community
living alternatives and a description of
transition supports or
services.
3. (226.230(a)(7)) A
description of the specific special education and related services and
supplementary aids and services and program modifications or supports
that will be provided in order for the child to:
a) Advance
appropriately toward attaining the annual goals,
b) Be
involved and progress in the general curriculum and participate in
extracurricular and other nonacademic activities, and
c) Be
educated and participate with disabled and nondisabled children, including but
not limited to:
(1) Determining appropriate positive
behavioral interventions and strategies for the student.
(2) Determining supplementary aids and
services and program modifications for the student.
(3) Determining support needed in order to
help the child progress in the general curriculum.
4. (226.230(a)8)) The
projected beginning date for the services and program modifications, the
amount, frequency, location,
anticipated duration of specific special education and related services to
be provided.
5. An explanation of the extent, if any, to
which the child will not participate with nondisabled children in the regular
class and in extracurricular and nonacademic activities.
6. A statement of any vocational
educational services to be provided.
7. (300.309)
A statement of any extended school
year services to be provided to the student, whenever the provision of
such services is necessary to provide FAPE.
a. Extended
School Year (ESY) is defined in 23 IAC 226.75 as “special education and related
services that are provided to a child with a disability beyond the normal
school year of the public agency in accordance with the child’s IEP and at no
cost to the parents of the child and meets the requirements of 226.750.” The school district shall not limit its
provision of services during an extended school year to particular categories
of disability, nor shall a district unilaterally limit the type, amount, or
duration of such services.
b. Extended
School year services shall be provided to each special education child whose
unique needs require special education and related services in excess of the
regular school year. Special education
children who may require extended school year services are those whose IEP’s
specify an extended school year program and/or related services as determined
by the child’s IEP team in accordance with IDEA and ISBE standards and
regulations. The child’s IEP team shall
determine the type, amount, and/or duration of the services necessary as part
of the child’s extended school year program on an individualized basis.
8. A statement
of any individual modifications in the administration of State or district-wide
assessments of student achievement that are needed in order for the child
to participate in such assessments. This statement must include any individual
accommodations that are needed in order for the child to participate in the
assessment. The assessment
accommodations shall be consistent with those accommodations the student
typically receives in order to benefit from instruction. If the IEP team determines that the child
will not participate in a particular assessment of student achievement (or part
of an assessment), a statement documenting why the assessment is not
appropriate for the child and how the child will be assessed, including a
description of alternative assessments, must be included in the IEP.
9. A statement of special factors
considered, such as:
a) Any special methods, materials, equipment,
or procedures;
b) Positive behavior strategies and
interventions (this may involve the inclusion in the IEP of a behavioral
intervention plan) for students with behavior that impedes their learning or
that of others;
c) Administration of medications;
d) If appropriate, procedures to monitor
to determine if a child's hearing aid is functioning properly;
e) Provision of services by any other
public agency, which will be necessary to provide the student an appropriate
education;
f) Language needs, for students with
limited English proficiency;
g) Instruction in Braille and the use of
Braille, unless the IEP team determines it is not needed, for students who are
blind, visually impaired, or functionally impaired;
h) Communication needs;
i) Assistive technology devices and
services; and
j) For a student who is deaf or hard of
hearing, the IEP Team must consider the student’s language and communication
needs, opportunities for direct communication with peers and professionals in
the student’s language and communication mode, academic level and full range of
needs, including opportunities for direct instruction in the child’s language
and communication mode.
10. Appropriate objective criteria and evaluation procedures and schedules for determining, on at least a