AUTHORITY: Implementing Sections 3, 10, 11 and 13 and authorized by Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3, 10, 11 and 13].

SOURCE: Adopted at 6 Ill. Reg. 1235, effective January 18, 1982; codified at 6 Ill. Reg. 14859; amended at 12 Ill. Reg. 12103, effective July 8, 1988; amended at 13 Ill. Reg. 5154, effective March 30, 1989; amended at 15 Ill. Reg. 6261, effective April 15, 1991; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 10297, effective August 10, 1999; amended at 27 Ill. Reg. 5020, effective March 7, 2003; amended at 37 Ill. Reg. 11340, effective July 2, 2013.

SUBPART A: ADMINISTRATION OF EDUCATIONAL PROGRAM

 

Section 765.10  Special Education Instructional Programs

 

Each State School shall establish and maintain special education instructional programs and related services that meet the educational needs of children with the following disabilities:

 

a)         The Illinois School for the Deaf (ISD) will maintain programs for students whose primary disability is an auditory impairment of a severe to profound nature.

 

b)         The Illinois School for the Visually Impaired (ISVI) will maintain programs for students whose primary disability is a visual impairment of a severe to profound nature or who are deaf-blind.

 

c)         The Illinois Center for Rehabilitation and Education-Roosevelt (ICRE-R) will maintain transition-based programs for students whose primary disability is a physical impairment of a severe to profound nature.

 

d)         Each School will maintain programs for students with additional  disabilities listed in this subsection provided that the disability is not so severe that the needs of the student cannot be met appropriately by the School.

 

1)         Health impairment.

 

2)         Speech or language impairment.

 

3)         Specific learning disabilities.

 

4)         Deficits in cognitive development.

 

5)         Emotional or social disability.

 

6)         Adaptive behavior that restricts effective functioning.

 

e)         Each School shall annually prepare a school calendar for the school term, specifying the opening and closing dates and providing a minimum of at least 185 days to ensure 176 days of actual student attendance.  Any of the four days allowed for teachers' institute, but not used for such, shall increase the minimum term by the number of school days not so used. A School may specify a closing date earlier than that set on the actual calendar when the School has provided the minimum number of computable days under this subsection; i.e., 176 days of actual student attendance plus four days of teachers' institute.

 

f)         The length of the school day at each School shall not be less than five clock hours of school or work per day under the direct supervision of special education personnel.  The school day may be less than five clock hours on the opening and closing of the school term, and on the first day of student attendance, if preceded by a day or days utilized as an institute or teachers' workshop.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.20  Range of Services

 

Special education instructional programs and related services shall range along a continuum based on the nature and degree of the intervention.  This continuum of program options shall include, but not be limited to:

 

a)         Basic Special Education Program of the School − The special education program provided to the majority of the students enrolled in the School.

 

b)         Basic Special Education Program of the School with Modification − The student receives most of his or her educational experiences through the basic program of the School.  However, these experiences are modified through:

 

1)         Additional or specialized education from the teacher.

 

2)         Consultation to and with the teacher.

 

3)         Provision of special equipment and materials.

 

4)         Modification in the instructional program (e.g., multi-age placement, expectations, grading, etc.).

 

c)         Alternate Basic Special Education Program of the School − The student receives most of his or her educational experiences in a basic program whose curricular content and educational methodology have been substantially changed.  These changes shall occur when the special education needs of a proportionately large, identifiable segment of the school population are not otherwise being met.

 

d)         Basic or Alternate Basic Educational Program of the School with Related Services − The student receives most of his or her educational experiences through the basic, or alternate basic, program.  However, these experiences are augmented by one or more related services.

 

e)         Special Program − The student receives most of his or her basic educational experiences through an instructional program in a special class that is largely self-contained in the School.

 

1)         Inclusion in those parts of the basic special education program that are appropriate.

 

2)         Provision of related services as needed.

 

f)         Cooperative Program − The student receives most of his or her educational experiences through either the basic or the special program of the School. However, this is supplemented through work-experience programs or shared agency involvement.  Cooperative programs may include integration of students into academic and nonacademic programs and services provided by a public school district, provided the programs and services are available in the public school district and the student has expressed an interest in such programs or services.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.30  Availability of Services

 

Special education instructional programs and related services, including diagnostic services of the School, shall be available to students who are enrolled.

 

a)         A student who requires continued school educational experience to facilitate his or her integration into society shall be considered eligible for those services up to the day before the student's 22^nd birthday or upon successful completion of the secondary program.  The student who becomes 22 during the school year shall be allowed to complete the quarter or the semester, whichever comes first.

 

b)         A student who has satisfactorily completed a secondary program and has been assisted in locating further educational and education to careers experience as necessary shall be granted a diploma.  Both parents or guardians and the student shall be made aware that eligibility for public school special education services is terminated following the granting of a diploma and that the parents or guardians may request a review of the recommendation for graduation.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.40  Involvement of Students with Disabilities in Activities

 

Each School shall ensure that, to the maximum extent appropriate, students are involved in academic and nonacademic activities with students who have disabilities and students who do not have disabilities.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.50  Adequacy of Facilities

 

Facilities used by the School for special education programs and services shall be appropriate to, and adequate for, the specific program or service. The School shall be at least equal to facilities provided to the students in the standard programs in local school districts throughout the State.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.60  Written Policies

 

a)         Written policies will be developed by each School to govern the method by which student information will be collected, the confidential nature of that information, the use to which it will be put, how it will be recorded and maintained, the period for which it will be maintained, the persons to whom it will be available and under what circumstances. All the policies shall be consistent with:

 

1)         the Illinois School Student Records Act [105 ILCS 10];

 

2)         Student Records (23 Ill. Adm. Code 375);

 

3)         the Illinois Program for Evaluation, Supervision, and Recognition of Schools, the Illinois State Board of Education (ISBE) Document Number 1, 1985;

 

4)         the Family Educational Rights and Privacy Act (20 USC 1232(g));

 

5)         the Illinois Department of Human Services' rules on Confidentiality (89 Ill. Adm. Code 505) and Access to Public Records (2 Ill. Adm. Code 1176);

 

6)         Section 2a of the Communicable Disease Prevention Act [410 ILCS 315];

 

7)         the AIDS Confidentiality Act [410 ILCS 305]; and

 

8)         the Health Insurance Portability and Accountability Act of 1996 Privacy Rules (45 CFR 160, 162 and 164).

 

b)         The policies shall require that all information maintained concerning a student receiving special education services be directly related to the provision of services to that student.

 

c)         These policies shall be made known to the parents or guardians of all students receiving special education services, to  the public and to any persons who are provided with all or a part of a student's records.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.70  State Approved Administrator of Special Education (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 10297, effective August 10, 1999)

 

Section 765.75  School Personnel

 

All superintendents, principals, teachers and other educational personnel shall meet standards set by ISBE (see 23 Ill. Adm. Code 226.800) and the requirements of the Illinois Department of Central Management Services (CMS) and be licensed or certified as required by law.  Other personnel and employees shall meet such standards, certification and licensing requirements as are required by law, including those of ISBE, the Illinois Department of Financial and Professional Regulation, and CMS.  Teachers shall also meet the requirements of "Highly Qualified" as defined by the No Child Left Behind Act of 2001 (P.L. 107-110).

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.80  State-Approved Supervisory Services (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 10297, effective August 10, 1999)

 

Section 765.90  Role of Principal (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 10297, effective August 10, 1999)

SUBPART B: SERVICE PROVIDED

 

Section 765.100  Related Services to be Provided or Arranged

 

a)         Related services that shall be provided or arranged for by the School are those activities supplemental to the basic special education instructional programs that serve to facilitate the student's development. The activities include evaluation or consultation services.

 

b)         The related services to be provided are:

 

1)         Speech-language pathology and audiology services for all students with speech or language impairments that interfere with their educational or social development.

 

A)        Speech and language services may be made available as:

 

i)          A special education related service.

 

ii)         A special education instructional program.

 

B)        Speech and language services shall include, but are not be limited to:

 

i)          Screening and diagnosis for students with suspected speech or language impairment;

 

ii)         Planning and developing the clinical program;

 

iii)        Provision of therapeutic services for the habilitation or prevention of communicative disorders;

 

iv)        Parent or guardian counseling;

 

v)         Referrals and follow-up; and/or

 

vi)        Consultative and resource services to other professional personnel.

 

C)        The number of students seen by a speech and language clinician shall be based on the nature of the speech and language needs of the individual students.  At no time shall the caseload exceed 60 students.

 

2)         School psychological services to and on behalf of students who require psychological evaluation and assistance in their educational or behavioral adjustment.

 

A)        School psychological services shall include, but not be limited to:

 

i)          Screening of school enrollments to identify students who should be referred for individual study.

 

ii)         Individual psychological examination and interpretation of those findings and recommendations that will lead to meaningful educational experiences for the student.

 

iii)        Counseling and performing psychological remedial measures as appropriate to the needs of students, individually or in groups.

 

iv)        Participating in parent or guardian education and the development of parent or guardian understanding.

 

v)         Consulting with teachers and other school personnel in relation to behavior management and learning problems.

 

vi)        Consulting in program development.

 

B)        School psychological services shall be available, in an appropriate quantity, to all students for whom the School is responsible.

 

C)        School psychological services shall be utilized to assist in the process of developing an educational climate conducive to the optimum development of all students.  Emphasis shall be placed on prevention as well as rehabilitation, or indirect as well as direct services.

 

3)         School social work services to and on behalf of students whose educational or behavioral development is restricted due to social or emotional considerations, family circumstances, or problems of the environment.

 

A)        School social work services shall include, but not be limited to:

 

i)          Services to school personnel on behalf of students.  The school social worker shall provide consultation and in-service training experiences to school personnel;

 

ii)         Identification of students in need of services.  The school social worker shall be responsible for providing the social developmental study in a case study evaluation and for participating in the identification of those students who require social work intervention;

 

iii)        Direct services to students;

 

iv)        Service to parents or guardians on behalf of students.  The school social worker shall be responsible for serving as a liaison between the home and the School and for providing parental or guardian education and counseling as appropriate in relation to the student's problem; and

 

v)         Utilization of community resources.  The school social worker shall facilitate the effective utilization of existing community resources to meet the needs of students and shall assist in developing services that are needed but unavailable.

 

B)        School social work services shall be available, in an appropriate quantity, to all students for whom the School is responsible.

 

C)        School social work services shall be utilized to assist in the process of developing an educational climate conducive to the optimum development of all students.  Emphasis shall be placed on prevention as well as rehabilitation, on indirect as well as direct services.

 

4)         Special reader services, braillists, notetakers, typists, and interpreters shall be provided as required by the student's Individual Education Plan (IEP) as defined in 89 Ill. Adm. 751.

 

5)         Physical or occupational therapy shall be provided for students whose physical disabilities require appropriate therapeutic attention if the students are to receive full benefit from the instructional program provided them.  The therapy shall be provided to individual students in accordance with the recommendation and prescription of a licensed medical practitioner.

 

6)         Consultant services shall be provided as required by the IEP.

 

A)        Professional consultation that provides a therapeutic component shall be provided to those special education instructional programs that serve students who exhibit affective or behavioral disorders.

 

B)        Other consultant services shall be provided as required to facilitate the education of students and as approved by DHS-DRS.

 

7)         Physical education programs consisting of organized instructional units shall be provided to students in accordance with their needs and as determined by the IEP.

 

8)         Interscholastic competition in athletics shall be provided to students in accordance with their needs, abilities and interests.  A significant portion of this competition shall be with teams or individuals who do not have disabilities.

 

9)         A wide range of extracurricular activities, including intramural sports, clubs, dramatics, student councils, and various types of recreational and social activities shall be provided to students in accordance with their needs and interests.

 

10)         Orientation and mobility training consisting of organized and instructional units under the direction of an orientation and mobility instructor shall be provided to visually impaired and deaf-blind students in accordance with their needs and as determined by the IEP.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.110  Other Related Services

 

Other related services, including school health services, counseling services and parent or guardian counseling or training, shall be provided or arranged for by the School when the Eligibility Review (ER) (see 89 Ill. Adm. Code 795.30) determines those services would facilitate the educational development of the student.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.120  Student-based Objectives

 

Student-based objectives shall be determined for each special education related service.

 

(Source:  Added at 23 Ill. Reg. 10297, effective August 10, 1999)

 

Section 765.130  Specific Objectives

 

Specific objectives shall be established for each student who receives special education related services.

 

(Source:  Added at 23 Ill. Reg. 10297, effective August 10, 1999)

 

Section 765.140  Time Spent

 

Related services time spent with or on behalf of the student shall be sufficient to be educationally or therapeutically adequate, as determined by the evaluation of the student's needs.

 

(Source:  Added at 23 Ill. Reg. 10297, effective August 10, 1999)

SUBPART C: SPECIAL EDUCATION INSTRUCTIONAL PROGRAM

 

Section 765.200  Instructional Programs

 

Special education instructional programs shall be designed in direct response to the educational and rehabilitation needs of the students.

 

a)         Specific types of instructional programs may be formulated according to the disabilities of the students or for students with differing secondary disabilities.  Instructional programs formulated according to common disabilities of the students shall be in accordance with those disabilities described in Section 765.10.

                         

b)         Student-based objectives shall be developed for each type of special education instructional program.

 

c)         The program shall have direct, observable and measurable objectives.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.210  Curriculum

 

a)         A curriculum of educational experiences adaptable to individual needs, interests or abilities of each student shall be developed for each type of instructional program.

 

b)         The curriculum shall be:

 

1)         sequential;

 

2)         developmental;

 

3)         goal-directed;

 

4)         clearly stated and available to the public;

 

5)         aligned to the Illinois Learning Standards (see 23 Ill. Adm. Code 1.Appendix D); and

 

6)         subject to continuing evaluation and revision.

 

c)          Assessments shall be measurable and data driven.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.220  Considerations

 

a)         The formation of special education instructional programs shall take into consideration all of the learning needs of the student.

 

b)         The chronological age range of students within an academic special program or in any academic individual instructional grouping shall not exceed four years (except for students who range in age from 16 to the day before the student's 22^nd birthday).

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.230  Determinants

 

The principal determinants of the number of students served in each special education instructional program shall be the age of the students, the nature and severity of their disabilities, the nature of the instructional program, and the degree of intervention necessary.  All exceptions to the following program size limitations for academic classes shall require the written approval of DHS-DRS and ISBE prior to the implementation of the program.

 

a)         Academic instructional programs for students five years of age and younger shall have a maximum ratio of one qualified teacher to five students in attendance at any one given time; total enrollment shall be limited according to the needs of the students for individualized programming.

 

b)         Academic instructional programs that primarily serve students whose disabilities are either profound in degree or multiple in nature shall have a maximum enrollment of five students.

 

c)         Academic instructional programs that primarily serve students whose primary disabilities are severe visual, auditory, physical, speech or language impairments or behavioral disorders shall have a maximum enrollment of eight elementary students or 12 high school students.

 

d)         Academic instructional programs that primarily serve students whose primary disabilities are moderate visual or auditory impairments shall have a maximum enrollment of 12 students.

 

e)         The School may increase the enrollment in a special education instructional program by a maximum of two additional students to meet unique circumstances that occur during the school year.  Additions may be made only when the educational needs of all students who would be enrolled in the expanded program can be adequately and appropriately met, or the School may increase the enrollment in a special education instructional program by a maximum of five additional students when the program is provided with a full-time, certified assistant (education aide).

 

f)         When the School wishes to exceed the maximum enrollments indicatedin this section, approval shall be requested in writing to DHS-DRS and the Division of Program Compliance of ISBE.  The request shall include a rationale for the proposed enrollment deviation and a plan for its evaluation.  If the request for an enrollment deviation is approved by DHS-DRS but is denied by ISBE, DHS-DRS may appeal the decision to the State Superintendent of Education.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

SUBPART D: VOCATIONAL PROGRAMS

 

Section 765.300  Provision of Careers to Employment

 

Careers and Technical Education (CTE)  programs are vocational education programs that consist of organized instructional and training experiences to assist students in making informed career choices. Integrated programs shall be provided to students in accordance with their needs and as determined by an IEP at an ER.  These programs are funded by a grant awarded and monitored by the Illinois State Board of Education's (ISBE) Division of College and Career Readiness.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.310  Transition Plan

 

A transition plan indicating specific transition objectives, the training required, service personnel required, and the length of the proposed plan shall be developed for each student. This plan shall be developed in cooperation with the student and his or her parents or guardians, shall be adapted to the student's interests and aptitudes, and shall be incorporated into the IEP beginning at age 14.  Transition planning includes housing, transportation, medical management, secondary and

post-secondary education and/or training.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.320  Community Work Experiences

 

Community work experiences that are part of the student's transition plan shall occur during the school day and outside of the school day.  Appropriate School personnel, including, but not limited to, CTE College and Career Readiness Division staff and School job coaches and vocational, independent living and administrative staff, will supervise all community work experiences that are provided by the School as part of the transition plan for students to receive educational credit.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)

 

Section 765.330  Coordination With Other Programs

 

Transition programs serving students shall be coordinated with other DHS-DRS programs and with other public, private and State agencies or organizations.

 

(Source:  Amended at 37 Ill. Reg. 11340, effective July 2, 2013)