TITLE 89: SOCIAL SERVICES
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AUTHORITY: Implementing Sections 10 and 11 and authorized by Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10, 11 and 3(f)].
SOURCE: Adopted at 11 Ill. Reg. 6500, effective March 27, 1987; amended at 12 Ill. Reg. 14700, effective September 2, 1988; amended at 17 Ill. Reg. 6260, effective April 5, 1993; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 10249, effective August 10, 1999; amended at 38 Ill. Reg. 20215, effective October 8, 2014.
Section 827.5 Definitions
Definitions for this Part can be found at 89 Ill. Adm. Code 751.
(Source: Added at 38 Ill. Reg. 20215, effective October 8, 2014)
Section 827.10 General Applicability
a) School staff shall maintain discipline at the School to ensure the proper conduct and safety of the students. In all matters relating to the discipline and conduct of the students, staff are "in loco parentis" (in place of a parent) to the students. This relationship shall extend to all activities (both on and off campus) that are connected with the School program and may be exercised at any time for the safety and supervision of the students in the absence of their parents or guardians. Nothing in this Section affects the authority of the Department to establish rules with respect to discipline.
b) Disciplinary action taken by staff at the Schools will be progressive in nature and will be in response to the seriousness of the infraction, the student's age and disability, and the number of times the student has been involved in similar behavior.
1) The Superintendent (or his or her designee) shall judge each student's case individually and his or her decision shall be based upon consultation with staff, consideration of all relevant factors, and the requirements of the Rights, Responsibilities and Procedures Handbook (Handbook).
2) The Handbook, which is updated annually, contains information regarding discipline and code of conduct. It is provided to students and their parents or guardians upon admission to the School and to students, parents or guardians and staff at the beginning of each school year.
c) Parents or guardians will be notified and informed of the disciplinary action taken by the School. In cases of suspension and expulsion, the parent or guardian will be notified of the action taken by the State School and of the right to appeal the action.
1) Notification by the School will be done immediately in person, by telephone or by written notice.
2) Parents or guardians of students over the age of 18 years will also receive notification.
d) In addition to the disciplinary action described in Section 827.30, financial restitution will be required when damage results from a student's behavior that requires disciplinary action, and when that damage is to State property.
1) When the amount of damage is determined, the responsible student will be required to pay the cost of the damage, upon notification by the Superintendent.
2) The student, parent or guardian is responsible for establishing and following through with a plan for repayment.
3) If the student and/or parent or guardian refuses to cooperate or to follow through on the restitution payment, consequences may include the withdrawal of the student's special privileges (i.e., extracurricular activities, graduation).
(Source: Amended at 38 Ill. Reg. 20215, effective October 8, 2014)