Section 401.140  Provision of Educational Program

a)         Each provider shall ensure that each student receives special education and related services in accordance with his or her IEP, provided that the use of behavioral intervention strategies that would jeopardize the safety or security of students or would rely upon pain as an intentional method of control shall not be permitted.

b)         Each educational program shall be conducted in accordance with the requirements of 23 Ill. Adm. Code 226.720. 

c)         Each class offered in a program subject to this Part shall have a maximum enrollment of five students, except that enrollment may be increased by a maximum of two students in response to unique circumstances that occur during the school year so long as the educational needs of all students in the class can be adequately and appropriately met.  Alternatively, the enrollment in a class may be increased by a maximum of five students when a full-time paraprofessional is provided.

d)         Deviations from the allowable class size or from the age range requirements of Section 226.720 may be requested in writing.  A rationale for the request and plan for evaluation of the deviations shall be submitted with the request.  Initial denial of a request for deviation may be appealed to the State Superintendent of Education.

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