2007 Part 226 Rules Training An Overview for

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2007 Part 226 Rules    Training An Overview for Powered By Docstoc
					The New Part 226 Rules:

 Illinois State Board of Education

     Presentation Objectives

• Review rule approval process

• Provide rationale for rule changes

• Highlight significant rule changes

• Discuss application of new rules

           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• To revise outdated or ineffective processes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
                       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
    23 IAC 226.50
Free Appropriate Public

Transfer Students, Eligibility &

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)

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
      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.

 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.

 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.

 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

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.

       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.
     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

 23 IAC 226.75: Definitions

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.

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

    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
          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
               and with whom the child lives
          5.   An individual who is legally responsible for the child
          6.   A surrogate parent
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
          23 IAC 226.130
Specific Learning Disability (SLD)

    Response to Scientific, Research-Based
             Interventions (RtI)

       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.

  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

  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.
               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.

 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.


 IEP Team
IEP Content

 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
    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))
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

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)

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-

 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
    Needs resulting from resistance to environmental
     changes or daily routines
    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

 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].
Procedural Safeguards

     Transfer of Rights
        Due Process
  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
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
 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))

    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


• www.isbe.net/rules/archive/pdfs/226ark.pdf
  (state special education regulations)
• http://a257.g.akamaitech.net/7/257/2422/01j
  df/06-6656.pdf (IDEA 2004 final
• http://www.isbe.net/spec-ed/default.htm
  (access to mandated Notice & Consent
  Forms & Instructions and recommended
  IEP Forms & Instructions)

• ISBE Special Education Services,
  Springfield, 217-782-5589