The New Part 226 Rules:
Highlights
Illinois State Board of Education
1
Presentation Objectives
• Review rule approval process
• Provide rationale for rule changes
• Highlight significant rule changes
• Discuss application of new rules
2
Why This Way?
• To reduce the number of state rules that
duplicate Federal language
• To highlight areas where Illinois chose to
depart from Federal guidelines
• To revise outdated or ineffective processes
and procedures
3
Key Dates
IDEA 2004 December 2004
Illinois Proposed Rules April 2006
Public Comment April 2006 - October 2006
Final Federal Rules August 2006
ISBE Board Approval December 2006
JCAR Prohibition January 2007
ISBE Board Approval of
Revised Rules June 2007
JCAR Lifting of Prohibition June 2007
Final Illinois Rules June 28, 2007
4
23 IAC 226.50
Free Appropriate Public
Education
Transfer Students, Eligibility &
Graduation
5
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)
(a) Transfer Students
Additional requirements outlined in the rule
apply only to students who transfer from
another district in Illinois
Out-of-state transfers are controlled by the 20
USC Section 1414(d) and 34 CFR 300.323(f)
6
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)
(a) Transfer Students
When a district receives a transfer student from
another Illinois district, it may:
1. Adopt the IEP of the sending district without an IEP
meeting if it deems the IEP appropriate and the parents
“indicate…satisfaction” with the IEP either orally or in
writing.
2. Develop a new IEP after providing notice to the parents
(no later than ten days after the student’s enrollment in
the new district) of the date of the new IEP meeting. In
the interim, the district shall implement services
comparable to those in the IEP of the sending district.
7
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)
(a) Transfer Students
In the absence of receiving either the student’s
IEP from the sending district or verbal or written
confirmation of the contents of the IEP from the
sending district, the district may provide services
it believes will meet the needs of the student until
the IEP or confirmation of the IEP’s contents is
received from the sending district.
The receiving district MUST request records from
the sending district within one business day after
enrollment of the student.
8
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)
• If the receiving district has not received and
adopted the existing IEP from the sending
district within ten days after the deadline for
the sending district to transfer such records
under Section 2-3.13a of the School Code, the
receiving district SHALL initiate an IEP
meeting to develop a new IEP.
9
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)
c) Eligibility; Graduation or Completion of Program
1) An eligible student who requires continued public
school educational experience to facilitate his or her
integration into society shall be eligible for such
services through age 21, inclusive (i.e., through the
day before the student’s 22nd birthday) (see 34 CFR
300.101(a)).
10
Age of Eligibility: Rule of Application
If the student aged-out under the old rule (i.e., the
“age-out” occurred on or before June 27, 2007), the
student is no longer eligible for services, even if the
student’s age might allow for further eligibility under
the new rule.
Why is this? No retroactivity is included in the
language of the regulation or the recently signed PA
95-0014, which is the legislative version of the rule.
11
Examples of the Rule
a) Student A turned 21 on October 15, 2006 and
completed the school year on June 5, 2007.
This student would NOT be eligible to receive
further services during the 07-08 school year.
b) Student A turned 21 on October 15, 2006 but,
by virtue of extended school year, this student’s
school year did not end until July 10, 2007.
This student would be eligible to receive
services until October 14, 2007.
12
Graduation Requirements
23 IAC 226.50(c):
2) The provision of FAPE is not required with respect to a
student with a disability who has graduated with a regular
high school diploma.
3) A student with a disability who has fulfilled the minimum
State graduation requirements set forth in Section 27-22 of
the School Code [105 ILCS 5/27-22] shall be eligible for a
regular high school diploma.
A) If the student’s individualized education program
prescribes special education, transition planning, transition
services, or related services beyond that point, issuance of
that diploma shall be deferred so that the student will
continue to be eligible for those services. 13
Graduation Requirements
23 IAC 226.50(c):
(3)(B) If the student is to receive a regular high school diploma, at
least one year prior to the anticipated date of its issuance,
both the parent and the student shall receive written
notification in conformance with the requirements of 34 CFR
300.503 that eligibility for public school special education
services ends following the granting of a diploma and that the
parent (or the student, if Section 226.690 of this Part applies)
may request an IEP meeting to review the recommendation
that the student receive a regular diploma.
4) Students who have participated in a graduation ceremony
but have not been awarded regular high school diplomas
continue to be eligible to receive FAPE through age 21,
inclusive. 14
23 IAC 226.75
Selected Definitions
15
23 IAC 226.75: Definitions
Disability:
IDEA identifies 13 disabilities as the basis for students’
eligibility for special education and related services.
These disabilities (autism, deaf-blindness, deafness,
emotional disability, hearing impairment, cognitive
disability, multiple disabilities, orthopedic impairment,
other health impairment, specific learning disability,
speech or language impairment, traumatic brain injury,
and visual impairment) shall be defined as set forth in 34
CFR 300.8(c). In addition, for the purposes of this Part,
“autism” shall include, but not be limited to, any Autism
Spectrum Disorder that adversely affects a child’s
educational performance.
16
23 IAC 226.75: Definitions
Developmental Delay:
See 34 CFR 300.8 and 300.111(b). Delay in
physical development, cognitive development,
communication development, social or emotional
development, or adaptive development (may
include children from three through nine years of
age).
17
23 IAC 226.75: Definitions
• ―Parent‖
Incorporates language of 34 CFR 300.30 and defines
a parent as either:
1. A biological or adoptive parent
2. A foster parent (unless State or local law otherwise limit this
authority)
3. A guardian (other than the State) authorized to act on the
child’s behalf
4. Individual acting in place of the biological or adoptive parent
with whom the child lives
5. An individual who is legally responsible for the child
6. A surrogate parent
18
23 IAC 226.75: Definitions
• ―Related Services‖
Adopts language of 34 CFR 300.34
Adopts exclusionary language of 300.34 that
excludes surgically implanted devices like
cochlear implants including optimization of the
functioning of such devices
Duty of a local district to monitor and maintain
devices to maintain the health and safety of the
child is now explicit
19
23 IAC 226.100
Child Find & Evaluation
20
23 IAC 226.100 Child Find Responsibility
• Reminder:
Child find now explicitly includes parentally-
placed students who attend private schools in
your district (per the requirements of IDEA
2004, Section 1412)
21
23 IAC 226.110 Evaluation Procedures
Procedures for requesting and conducting initial
evaluations of children who are suspected of requiring
special education and related services shall conform to the
requirements of 34 CFR 300.301, 300.304, 300.305, and
300.306. For purposes of this Section, the “date of referral”
discussed in Section 14-8.02 of the School Code shall be
understood to be the date of written parental consent for
an evaluation, and screening procedures done in
accordance with 34 CFR 300.302 shall not be considered an
evaluation. Consent for the initial evaluation shall be
obtained in conformance with the requirements of 34 CFR
300.300. In addition, the following requirements shall
apply: 22
23 IAC 226.110(a)(3): Evaluation Procedures
Within 14 school days after receiving a request for an
evaluation, the district shall determine whether an
evaluation is warranted. If the district determines not to
conduct an evaluation, it shall provide written notice to
the parents in accordance with 34 CFR 300.503(b). If an
evaluation is to be conducted:
a) The district shall convene a team of individuals
(including the parent) having the knowledge and
skills necessary to administer and interpret
evaluation data. The composition of the team will
vary depending upon the nature of the child’s
symptoms and other relevant factors.
23
23 IAC 226.110(a)(3): Evaluation Procedures
b) The team shall identify the assessments necessary to
complete the evaluation in accordance with 34 CFR
300.305 and shall prepare a written notification for
the parents as required under 34 CFR 300.304(a).
For each domain, the notification shall either
describe the needed assessments or explain why
none are needed.
c) The district shall ensure that the notification of the
team’s conclusions is transmitted to the parents
within the 14-school-day timeline applicable under
this subsection (c)(3), along with the district’s
request for the parents’ consent to conduct the
needed assessments.
24
23 IAC 226.130
Specific Learning Disability (SLD)
Response to Scientific, Research-Based
Interventions (RtI)
25
The Heart of the RtI Language
23 IAC 226.130(b):
Provided that the requirements of this subsection (b) are
met, each district shall, no later than the beginning of the
2010-11 school year, implement the use of a process that
determines how the child responds to scientific, research-
based interventions as part of the evaluation procedure
described in 34 CFR 300.304. When a district implements
the use of a process of this type, the district shall not use
any child’s participation in the process as the basis for
denying a parent’s request for an evaluation.
26
The Prerequisites to Mandatory RtI
• By January 1, 2008, ISBE must develop a
plan for implementing RtI that is to be
developed in consultation with stakeholder
groups, including ISAC
• The plan must include estimated costs and
resources needed to provide TA to districts,
as well as a method for identifying those
districts that require assistance for resources
27
The Prerequisites to Mandatory RtI
• By January 1, 2009, local districts must
develop a plan for transitioning to the use of
an RtI process, including identification of
the resources to be used in implementing
the plan
NOTE: Nothing prohibits districts from
implementing RtI now, though it is not yet
mandatory. Remember, though, that the
requirements at 34 CFR 300.309(b) do
apply now.
28
34 CFR 300.309(b)
• To ensure that underachievement in a child
suspected of having a specific learning disability
is not due to lack of appropriate instruction in
reading or math, the group must consider—
1) Data that demonstrate that prior to, or as part of, the
referral process the child received appropriate instruction in
regular education settings from qualified personnel; and
2) Data-based documentation of repeated assessments of
achievement at reasonable intervals, reflecting formal
assessment of student progress during instruction, which
was provided to the child’s parents.
29
The Old Process Remains…
23 IAC 226.130(d):
Districts may continue to use a ―severe
discrepancy‖ model when determining
whether a specific learning disability exists,
but beginning with the 2010-2011 school
year, must also first use an RtI process.
30
The IEP
IEP Team
IEP Content
31
23 IAC 226.210 IEP Team
The composition of the IEP Team for a particular child, and the
participation, attendance, and excusal of the team members and other
individuals in the IEP meeting, shall conform to the requirements of
34 CFR 300.321, 300.322, 300.324, and 300.325. The additional
requirements of this Section shall also apply.
a) The general education teacher who serves as a member of a child’s
IEP Team shall be a teacher who is, or may be, responsible for
implementing a portion of the IEP, so that the teacher can participate
in discussions about how best to instruct the child.
General Education: Term is interchangeable with ―regular education‖
b) For students aged 3 through 5 who have not yet entered the primary
grades, a teacher qualified to teach non-disabled preschool students
32
23 IAC 226.210 IEP Team
• Excusal of Team Members may occur when:
1. The district and parent agree in writing that the
member’s attendance is not necessary because the
member’s area of curriculum or related services is not
being modified or discussed; or
2. The district and parent agree to the excusal and the
member submits written input into the IEP
development process prior to the meeting (if the
member’s area is being discussed or modified) (34
CFR 300.321(e))
33
23 IAC 226.210 IEP Team
• By reference to 34 CFR 300.324,
amendments to the IEP may be made
outside the IEP meeting process if done in
writing with the agreement of the parent and
the district. The writing must define the
changes to be made to the IEP. Members of
the IEP team must be informed of those
changes.
34
Section 226.230: Content of the IEP
a) Each IEP shall include:
• Present Levels of Educational Performance
must include statements of academic and
functional performance (34 CFR 300.320)
35
P.A. 95-0257: Additional IEP Procedures
for Students with Autism
• Amends 14-8.02 of the School Code to
require specific factors to be considered by
the IEP team when addressing the needs of
students whose exceptionalities fall within
the autism spectrum according to the DSM-
IV
36
P.A. 95-0257: Additional IEP Procedures
for Students with Autism
• Factors to be considered:
Verbal and non-verbal communication needs
Need to develop social interaction skills & proficiencies
Needs resulting from unusual responses to sensory
experiences
Needs resulting from resistance to environmental
changes, changes in daily routines or engagement in
repetitive activities & stereotyped movements
Need for positive behavioral interventions, supports and
strategies to address any behavioral difficulties arising
from autism spectrum disorder
Other needs resulting from the condition that impact on
progress in the general curriculum
37
Section 226.230: Content of the IEP
c) Post-Secondary Transition
Beginning not later than the first IEP to be in effect when the child
turns 14 1/2, and updated annually thereafter, the IEP shall include:
1) appropriate, measurable, postsecondary goals based upon age-
appropriate assessments related to employment, education or
training, and, as needed, independent living;
2) the transition services that are needed to assist the child in
reaching those goals, including courses of study and any other
needed services to be provided by entities other than the school
district; and
3) any additional requirements set forth in Section 14-8.03 of the
School Code [105 ILCS 5/14-8.03].
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Procedural Safeguards
Transfer of Rights
Consent
Mediation
Complaints
Due Process
39
P.A. 95-0372: Transfer of Rights
• Adds a new Section 14-6.10 to the School Code
• Facilitates the ability of students 18 and older
to appoint another person to represent their
educational interests
• Prescribes language that students may use to
appoint an educational representative
• Creates an alternative to guardianship process
in Illinois
40
Section 226.540: Consent
• Consent is required when:
1. Accessing Medicaid, other public benefits or private
insurance (34 CFR 300.154)
2. Initial evaluations (34 CFR 300.300)
3. Re-evaluations (34 CFR 300.300)
4. Initial provision of services (34 CFR 300.300)
5. Release of information to individuals or agency
outside of the district (34 CFR 300.622)
41
Section 226.540: Consent
• Revocation of consent may be oral or written (if
oral, district must memorialize in writing within 5
days)
• If consent is revoked:
The revocation has immediate effect
The action for which consent was provided must be
terminated immediately
In the case of a placement, the district may request due
process to stay the placement and to challenge the
revocation, but must do so within 5 business days after
the parent’s revocation occurred
42
Section 226.560: Mediation
• Agreements are now enforceable in a State
or Federal court (34 CFR 300.506)
• Mediators may not be an employee of the
SEA or LEA, or have a personal or
professional interest that conflicts with the
mediator’s objectivity in the case (34 CFR
300.506)
43
Section 226.570: State Complaints
• Principal Changes:
One-year statute of limitations for filing a complaint
(34 CFR 300.153(c))
The party filing the complaint must also forward a copy
of the complaint to the LEA against whom the
complaint was filed (34 CFR 300.153(d))
The parties must be afforded the opportunity to mediate
their dispute to resolve the issues (34 CFR 300.152(a))
44
Section 226.600 et seq.: Due Process
• Principal Changes:
Two-year statute of limitations
Prehearing procedures
• Dismissal for lack of sufficiency
• Written responses
• Resolution process
Longer timelines for expedited hearings (20
school days for hearing, 10 school days for
decision)
45
Class Size
General Education
Special Education
46
Section 226.730 & 731: Class Size
GENERAL EDUCATION CLASS
When a student’s IEP calls for services in a general
education classroom, the student must be served in a class
that is composed of students of whom at least 70 percent
are without IEPs, that utilizes the general curriculum,
that is taught by an instructor certified for general
education, and that is not designated as a general
remedial classroom.
THIS REMAINS THE SAME…
47
SPECIAL EDUCATION
CLASSES
Class Size Case Load
48
What’s the Difference?
• Class Size:
The number of students in a
special education classroom during any
class period
• Case (Work) Load:
The number of students for which a
special educator is responsible
49
Section 226.731: Class Size Provisions
for 2007- 08 and 2008-09
In the Special Education Setting:
b) A student shall be considered to require
“instructional” classes when he or she receives
special education instruction for 50 percent of the
school day or more. Classes for such students shall
be subject to the limitations of this subsection (b).
c) A student shall be considered to require “resource”
classes when he or she receives special education
instruction for less than 50 percent of the school day.
Classes for such students shall be subject to the
limitations of this subsection (c).
THIS ALSO REMAINS THE SAME…
50
Special Education Class Sizes
through 2008-09
Disability Category Limit Unique w/Aide
Circumstances
INSTRUCTIONAL CLASSES:
Early Childhood (All Disabilities) 5 7 10
Multiple Disabilities 5 7 10
Severe/Profound Disability 5 7 10
Traumatic Brain Injury 8 10 13
Severe Visual Impairment 8 10 13
Severe Hearing Impairment 8 10 13
Severe Physical Impairment 8 10 13
Severe Speech/Language Impairment 8 10 13
Severe Behavior Disorders 8 10 13
Learning Disabilities 10 12 15
Cross Categorical 10 12 15
Moderate Visual Impairment 12 14 17
Moderate Hearing Impairment 12 14 17
Mild or Moderate Mental Impairment:
Primary, ages 6-8 12 14 17
Intermediate, jr, sr. high) 15 17 20
RESOURCE CLASSES – Any Category 20 20 20
51
23 IAC 226.730: Special Education
Class Sizes for 2009-10 and Beyond
Class size means the total number of students an educator
serves during any special education class. As used in this
subsection (b), “class” means any circumstance where
only students with IEPs are served and at least one special
education teacher is assigned and provides instruction
and/or therapy exclusively to students with IEPs. In the
formation of special education classes, consideration shall
be given to the age of the students, the nature and severity
of their disabilities, the educational needs of the students,
and the degree of intervention necessary, subject to the
limitations of this subsection (b).
52
23 IAC 226.730: Special Education
Class Sizes for 2009-10 and Beyond
Removal from
General Ed limit total w/ aide
0-20% 15 17
21-60% 10 15
61-100% 8 13
Ages 3-5 5 10
53
Work Load for Special
Educators
54
Case Load Work Load
55
What’s the Difference?
• Caseload: A “head count” – the number
of students with an IEP for which a
special educator is responsible
• Does not take into consideration: the type
instruction required, the amount of
consultation with others required, the
amount of IEP meetings required
56
23 IAC 226.735
Work Load for Special Educators
• LEAs must adopt a plan specifying limits on
the work load of its special educators
• Plans must be developed with the LEA’s
affected employees and, where there is an
exclusive representative, in accordance with
the Illinois Educational Labor Relations Act
(IELRA).
• Plans must take effect by the 2009-10 school
year, unless a later date is necessary to comply
with an agreement under the IELRA in effect
at the beginning of that school year
57
23 IAC 226.735
Work Load for Special Educators
• Plan must be based on analysis of the activities
for which special education staff are responsible,
including, but not limited to:
1. individualized instruction,
2. consultative services and other collaboration
among staff members,
3. attendance at IEP meetings and other staff
conferences, and
4. paperwork and reporting.
• Caseload for speech-language pathologists
remains the same – no more than 60 students
58
Resources
• www.isbe.net/rules/archive/pdfs/226ark.pdf
(state special education regulations)
• http://a257.g.akamaitech.net/7/257/2422/01j
an20061800/edocket.access.gpo.gov/2006/p
df/06-6656.pdf (IDEA 2004 final
regulations)
• http://www.isbe.net/spec-ed/default.htm
(access to mandated Notice & Consent
Forms & Instructions and recommended
IEP Forms & Instructions)
59
Questions?
• ISBE Special Education Services,
Springfield, 217-782-5589
60