Section 401.20  Notification Requirements

a)         A provider that operates a facility subject to the requirements of this Part and intends to cease operations, to move to a new location, or to discontinue any of the facility's approved programs shall ensure that the State Superintendent of Education and each school district with which it has entered into contracts for services receive no less than 60 calendar days' written notice of such an intention. A provider shall also notify the State Superintendent of Education in writing, so that such notification is reasonably calculated to be received at the State Board's office at 100 North First Street, Springfield, Illinois 62777, within 60 calendar days after:

1)         Any change in a special education program described in its approved application;

2)         Any change in its educational administration and organization, as described in its approved application; and

3)         Any change in the number, type or duties of the professional positions identified as part of the application for approval or in the licensure status or credentials of any individual employed in such a position, provided that the change does not affect the program's or facility's compliance with the requirements of this Part.

b)         A provider shall notify the State Superintendent of Education in writing, so that such notification is reasonably calculated to be received at the State Board's office at 100 North First Street, Springfield, Illinois 62777, within five calendar days after:

1)         Any change in the facility's compliance with applicable fire prevention regulations or other federal, state, and local laws, ordinances, or regulations, as described in its approved application pursuant to Section 401.10(a)(5) of this Part, or in the physical facilities used;

2)         Any change in the facility's approval or licensure to provide a residential program as described in its approved application, if applicable;

3)         Any change in the facility's approval or licensure to operate in a state other than Illinois as described in its approved application, if applicable;

4)         Any change in the number, type or duties of the professional or paraprofessional positions identified as part of the application for approval of an educational program or the education component of a combination program, or in the licensure status/credentials of any individual employed in such a position, if the change will affect the program's compliance with the requirements of this Part.

A)        If any professional position subject to the notification requirements of this subsection (b)(4) remains vacant, the provider must provide written notification to the State Superintendent and to the placing school districts after 30 calendar days and again after 60 calendar days of its attempts to permanently fill such positions and of other efforts, including the use of substitutes, undertaken in order to provide necessary instruction and related services to the students enrolled.

B)        If the State Superintendent determines that the provider has not reported staffing changes in a program as required, the State Superintendent shall change the approval status of the program accordingly, pursuant to the provisions of Section 401.30 of this Part.

c)         Should a provider elect to terminate a student's placement in a facility under this Part, the provider shall give written notice to this effect to the placing school district at least 30 calendar days prior to the date of termination, unless the health and safety of any student are endangered.  The notice shall include the reasons for the termination.

d)         Notification to the State Superintendent regarding any breaches of test security or other testing irregularities in connection with the State assessment shall conform to the requirements of Section 401.145 of this Part.

(Source:  Amended at 31 Ill. Reg. 14050, effective September 24, 2007)