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

SOURCE: Adopted at 6 Ill. Reg. 1235, effective January 12, 1982; codified at 6 Ill. Reg. 13792; amended at 12 Ill. Reg. 5450, effective March 8, 1988; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 10240, effective August 10, 1999; amended at 31 Ill. Reg. 5829, effective March 28, 2007; amended at 37 Ill. Reg. 17091, effective October 8, 2013; emergency amendment at 45 Ill. Reg. 11902, effective September 16, 2021, for a maximum of 150 days; amended at 46 Ill. Reg. 2962, effective February 4, 2022; amended at 48 Ill. Reg. 943, effective December 29, 2023.

SUBPART A: EDUCATIONAL PROGRAM

 

Section 750.5  Definitions

 

Definitions for this Part can be found at 89 Ill. Adm. Code 751.

 

(Source:  Added at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.10  Legislative Mandate

 

The Illinois Department of Human Services-Division of Rehabilitation Services (DHS-DRS) has the legislative mandate to operate residential educational facilities for children whoare deaf or hard of hearing, blind or visually impaired and/or severely physically disabled.  The State Schools (Schools) operated by DHS-DRS are:

 

a)         the Illinois School for the Deaf (ISD), 125 Webster Street, Jacksonville;

 

b)         the Illinois School for the Visually Impaired (ISVI), 658 East State Street, Jacksonville; and

 

c)         the Illinois Center for Rehabilitation and Education (ICRE-R) − Roosevelt, 1950 West Roosevelt Road, Chicago.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.20  Special Education and Related Services

 

a)         The Schools enroll students from all areas of the State and provide services to eligible students through age 21, inclusive (i.e., through the day before the student's 22^nd birthday).

 

1)         ISD and ISVI provide special education and related services for students from birth to three, preschool and from kindergarten through the 12^th grade.

 

2)         ICRE-R provides transition, independent living and related services to transition-aged students beginning at age 14½ through 21.  A student who becomes 22 during the school year may be allowed to complete the semester.  Younger students may be accepted if it has been determined they can benefit from the ICRE-R program.

 

b)         Since these Schools do not provide special education programs for all students in the State with auditory processing impairments, or for all students in the State who are deaf or hard of hearing, blind or visually impaired, or severely physically disabled, they should be considered as options in a continuum of special education programs available for those students in Illinois.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.30  Demonstration Projects and Research Programs

 

In addition to the core programs at the Schools, DHS-DRS may develop and operate short-term, long-term or time-limited demonstration projects or research programs for the purpose of improving available educational opportunities for students with disabilities. These activities may be in conjunction, or in cooperation, with the Illinois State Board of Education (ISBE), local school districts, or other public or private organizations or agencies involved in the provision of services for students with disabilities.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.40  Responsibility of State Schools

 

The Schools shall be responsible for providing and maintaining appropriate and effective education programs, at no cost to the students' parents or guardians, for all enrolled students.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.45  Policy and Procedures

 

a)         The Schools shall develop policies and procedures to address the Schools' compliance with the following requirements:

 

1)         the provision of a free appropriate public education;

 

2)         Child Find, as outlined in 23 Ill. Adm. Code 226.100;

 

3)         evaluation and determination of eligibility;

 

4)         Individualized Education Plans;

 

5)         students' participation in assessments;

 

6)         serving students in the least restrictive environment;

 

7)         the provision of extended school year services;

 

8)         transition of children served under Part C of the Individuals with Disabilities Education Act into preschool programs;

 

9)         serving students who attend nonpublic schools;

 

10)        procedural safeguards, as outlined in 23 Ill. Adm. Code 226, Subpart F;

 

11)        establishing the goal of full educational opportunity;

 

12)        confidentiality of personally identifiable information;

 

13)        the use of federal matching funds under the Medicaid (Title XIX) or Children's Health Insurance (Title XXI) programs to supplement special education programs and services (if the School is participating in one or more of those federal programs); and

 

b)         Any revision of a set of policies and procedures shall be submitted to ISBE for approval prior to its implementation.

 

(Source:  Amended at 48 Ill. Reg. 943, effective December 29, 2023)

 

Section 750.50  Comprehensive Program

 

Each School, independently or in cooperation with local school districts or with other agencies, shall provide a comprehensive program of special education for those children who are enrolled in the School.  A comprehensive program shall include:

 

a)         A viable organizational and financial structure.

 

b)         Systematic procedures for identifying and evaluating the need for special education and related services.

 

c)         A continuum of program options that incorporate appropriate instructional programs and related services.

 

d)         Qualified personnel, consistent with the Personnel Code [20 ILCS 415], who can provide the following services:

 

1)         Administrative services.

 

2)         Supervision.

 

3)         Instruction.

 

4)         Related services.

 

5)         Transportation.

 

6)         Transition.

 

e)         Appropriate and adequate facilities, equipment and materials.

 

f)         Functional relationships with those public and private agencies that can supplement or enhance the special education programs of the Schools.

 

g)         Interaction with parents or guardians and with other concerned persons who facilitate the educational development of children in special education programs.

 

h)         Procedures for internal and external evaluation of the special education programs and services.

 

i)          Continuous planning for program growth and improvement based on internal and external evaluation.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.60  Rights and Privileges of Students

 

The Schools shall be responsible for ensuring that students who are enrolled enjoy rights and privileges equal to those of all other children.  The Schools will follow procedures outlined in ISBE's rules for the discipline of students in special education (23 Ill. Adm. Code 226.400).

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

SUBPART B: LIMITATION OF SERVICES

 

Section 750.100  Legal Authority to Place Students

 

The Schools do not have the legal authority to place students in other State-operated or private facilities.  Placement of students in need of the services of those facilities is handled by the local school district in accordance with 23 Ill. Adm. Code 226.240 (Determination of Placement).

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.110  Referral of a Student by DHS-DRS

 

State-Operated or Private Program not Administered by DHS-DRS–

A student whose disabilities are so profound or complex that no special education program offered by the Schools can adequately or appropriately meet his or her needs is referred back to the local school district.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.120  Home and Hospital Programs

 

The Schools do not provide home and hospital programs as defined by ISBE (23 Ill. Adm. Code 226.300).  A student requiring home and hospital programs shall be returned to the local school district for appropriate educational programming.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

SUBPART C: EVALUATION AND COORDINATION OF SPECIAL EDUCATION

 

Section 750.200  Extent of Fulfilling Responsibilities

 

a)         The extent to which the School is fulfilling its responsibilities to students shall be determined by DHS-DRS and ISBE.

 

b)         To facilitate the determination, officials of DHS-DRS and ISBE shall be authorized to examine all necessary documentation in a manner consistent with DHS-DRS policies on confidentiality (89 Ill. Adm. Code 505), including student records.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.210  Evaluation Focus

 

Evaluation by DHS-DRS and ISBE shall focus on the Schools' provision of special education services, on each special education cooperative organization of which the Schools are participants, and on community resources utilized by the Schools.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.220  Evaluation

 

Evaluation of special education programs and services shall be based on all of the following:

 

a)         A Special Education Services Comprehensive Plan.  This plan shall describe the Schools' provision of special education services, the plan for program involvement, and those factors unique to the individual School that must be considered in the evaluation.  This plan shall be filed with DHS-DRS and ISBE using a format supplied by ISBE.  ISBE shall approve plans that conform to the requirements of this Section, ensure they are consistent with applicable federal and State statutes and regulations, and notify the Schools of any deficiencies that must be remedied before approval will be granted.

 

b)         The Schools' compliance with the policies and procedures set forth in Section 750.45.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.230  Written Reports

 

a)         Written reports of the results of the evaluation conducted by ISBE and any subsequent recommendations or actions shall be provided to the Director of DHS-DRS, the DHS-DRS Education Liaison and the superintendent of the appropriate School.  Reports of the evaluation shall be considered in the public domain. ISBE shall notify the Schools of any deficiencies that must be remedied before approval will be granted.

 

b)         ISBE evaluates special education programs provided by local school districts through a monitoring review process. School districts that participate in the mandated review process and that have students from their districts attending the Schools shall be provided with records and information related to ISBE's special education requirements for local school districts (23 Ill. Adm. Code 226.710).

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.240  Recognition Status

 

The recognition status of the State School shall be affected by its provision of special education services.

 

(Source:  Added at 23 Ill. Reg. 10240, effective August 10, 1999)

 

Section 750.250  Coordination

 

DHS-DRS will continue to coordinate its program and activities for students who are deaf or hard of hearing, blind or visually impaired and/or severely physically disabled with those programs operated or supervised by ISBE.

 

a)         DHS-DRS will cooperate with ISBE and will respond to its requests for technical assistance in identifying the need for additional programs for students whose primary disabilities are deaf or hard of hearing, blind or visually impaired and/or severely physically disabled and who also have additional disabilities.

 

b)         DHS-DRS will cooperate with ISBE in making efforts to identify the statewide need for additional programs or modifications to existing programs for students who are deaf or hard of hearing, blind or visually impaired and/or severely physically disabled.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

SUBPART D: SURROGATE PARENTS OR GUARDIANS

 

Section 750.300  Need for Surrogate Parents or Guardians

 

The qualifications, responsibilities and appointment procedures for surrogate parents or guardians shall conform to the requirements of 34 CFR 300.519 and Section 14-8.02a of the School Code [105 ILCS 5/14-8.02a].  In addition, the following requirements shall apply:

 

a)         When a child who is a ward of the State is placed in a residential facility, a representative of that facility shall submit a request to ISBE for the appointment of a surrogate parent or guardian if the district has not already done so.

 

b)         ISBE shall appoint a surrogate parent or guardian for each child who requires one, in keeping with the criteria set forth in 34 CFR 300.519(d) and the following requirements:

 

1)         All reasonable efforts shall be made to secure a surrogate parent or guardian whose racial, linguistic and cultural background is similar to the child's.

 

2)         The surrogate parent or guardian shall have been trained by ISBE.

 

c)         When a surrogate parent or guardian is appointed, ISBE shall provide written notification to the local school district, the individual appointed, and, if applicable, the residential facility, of the name and address of the surrogate parent or guardian, the specific responsibilities to be fulfilled, and the length of time for which the appointment is valid.

 

d)         When a child living in a residential facility no longer requires a surrogate parent or guardian, a representative of the facility shall notify ISBE in writing to that effect.  This notification shall include the reason for the withdrawal of the request.

 

e)         When a surrogate parent's or guardian's appointment is terminated, ISBE shall notify the surrogate parent or guardian, the local school district, and, if applicable, the residential facility.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.310  Withdrawal of Surrogate Parent (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 17091, effective October 8, 2013)

 

Section 750.320  Expenses of Surrogate Parents

 

The State Board of Education will pay for the services of a surrogate parent as per 23 Ill. Adm. Code 233.750.

 

(Source:  Added at 23 Ill. Reg. 10240, effective August 10, 1999)

 

Section 750.330  Notification When Surrogate Parent Not Needed (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 17091, effective October 8, 2013)

SUBPART E: ADVISORY COUNCILS

 

Section 750.400  DHS-DRS Residential School Advisory Councils

 

Advisory councils (councils) to the DHS-DRS residential Schools exist to offer recommendations and advice to the Schools and to express concerns relative to the educational services provided to children who are deaf, hard of hearing, blind, visually impaired, and/or physically disabled.

 

a)          Each council's membership shall consist of a maximum of 16 individuals.

 

1)         Ex-officio members are included among the 16 members and they are not eligible to vote or to hold office.  The ex-officio members appointed to each council shall consist of:

 

A)        the superintendent of the DHS-DRS residential School;

 

B)        the DHS-DRS Director or his or her designee;

 

C)        the DHS-DRS Education Liaison; and

 

D)        a Student Representative.

 

2)         As established in each council's bylaws or constitution, the remaining members are elected by the council as follows: 

 

A)        one-third of the members shall be parents or guardians of current students;

 

B)         one-third of the members shall be persons with a disability (including school alumni); and

 

C)         one-third of the members shall be professionals in a field related to the disability accommodated by the School (including former employees).

 

b)         The length of a member's term and the number of terms he or she can serve shall be established in each council's bylaws or constitution.  Vacancies shall be filled, as they occur, by election of the council.  Elections shall be conducted in accordance with procedures established in each council's bylaws or constitution.

 

c)         Officers shall be elected according to procedures established in each council's bylaws or constitution.

 

d)        Procedures for removing members who do not attend regularly scheduled meetings or who are deemed not appropriate members of the council shall be established in each council's bylaws or constitution.

 

e)         Each council shall meet quarterly.  Meeting dates shall be scheduled during the first meeting of the new school year.

                       

1)      A notice with the quarterly meeting dates, times and locations must be published as required under Section 2.02 of the Open Meetings Act [5 ILCS 120/2.02] and shall be posted on each School's website, as well as on the DHS-DRS website.  This information shall also be available at the DHS-DRS Administrative Offices in Springfield and Chicago.

 

2)     Special meetings of each council may be called by the chairperson, or by a quorum of voting members.  As required by the Open Meetings Act, a notice must be published at least 48 hours prior to the meeting date and shall include the purpose, agenda, time, date, and location of the meeting.  This information shall be posted in the same manner as specified in subsection (e)(1).

 

3)      Meetings are open to the public, except for portions of the meeting that are considered closed for executive session through a majority vote of the quorum present, in accordance with Sections 2 and 2a of the Open Meetings Act.

 

4)      The proceedings of the meetings may be recorded by any person in accordance with Section 2.05 of the Open Meetings Act, which allows any person to record a meeting required to be open unless a witness testifying before the council refuses to testify on the basis that his or her testimony will be broadcast or televised or that motion pictures will be taken during testimony.  If a witness objects to recording, the meeting shall not be recorded.

 

5)      The chairperson or his or her designee shall submit written copies of meeting information to the School superintendent and other DHS-DRS employees as determined by each council.  This information shall include, but not be limited to, the meeting dates, times, locations, agendas, minutes or reports.

 

6)      Travel expenses incurred by voting members for regular and special meetings shall be reimbursed according to State travel regulations (80 Ill. Adm. Code 2800 and 3000).

 

f)         Each council shall develop its own bylaws or constitution.  The DHS-DRS Director shall approve all changes or additions to ensure compliance with federal and State laws and regulations, and shall approve all council procedures to ensure budgetary constraints are recognized and improprieties do not exist.

 

g)         The superintendent shall maintain a copy of all documents required by this Part related to his or her School's council for inspection by anyone and shall provide copies, upon request, in accordance with the Freedom of Information Act [5 ILCS 140] and DHS' FOIA rules (2 Ill. Adm. Code 1176).

 

h)         The superintendent shall provide support services (meeting place, clerical assistance, supplies, postage, etc.) and technical assistance whenever possible.  The DHS-DRS Director or his or her designee shall assure that a prompt response, as well as feedback, is provided to each council member through oral and written reports at meetings, correspondence, and the distribution of DHS-DRS plans, reports and other official documents pertaining to the Schools.

 

i)          The superintendent shall attend annually a minimum of 3 of his or her School's council meetings, with the remaining meeting attended by either the superintendent or his or her designee.  Each council shall have the authority to enter into executive session and conduct discussion without the presence of the superintendent or his or her designee, when necessary.

 

j)         The council may advise on the following areas:

 

1)         education and residential care programs;

 

2)         training programs;

 

3)         relationships with parents or guardians, families and other interested parties;

 

4)         relationships with related agencies (State, federal, local and private);

 

5)         follow-up studies of former students;

 

6)         fiscal and budgetary issues;

 

7)         physical plant adequacy (buildings, grounds, heating, cooling, etc.); and

 

8)         DHS-DRS programs, policies and issues relative to the School's interests.

 

(Source:  Amended at 37 Ill. Reg. 17091, effective October 8, 2013)