PART 2405 SCHOOL DISTRICT #428 : Sections Listing

TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IX: DEPARTMENT OF JUVENILE JUSTICE
SUBCHAPTER c: PROGRAMS AND SERVICES
PART 2405 SCHOOL DISTRICT #428

AUTHORITY: Implementing Sections 3-2.5-20, 3-6-2, 3-6-3, 3-9-1, 3-10-2, 3-10-3 and 3-12-3 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20, 3-6-2, 3-6-3, 3-9-1, 3-10-2, 3-10-3 and 3-12-3] and Sections 13-40 through 13-45 of the Illinois School Code [105 ILCS 5/13-40 through 13-45] and authorized by Sections 3-2.5-20 and 3-7-1 of the Unified Code of Corrections [730 ILCS 5/3-2.5-20 and 3-7-1].

SOURCE: Adopted at 8 Ill. Reg. 14624, effective August 1, 1984; amended at 11 Ill. Reg. 2742, effective February 1, 1987; emergency amendment at 14 Ill. Reg. 19389, effective December 1, 1990, for a maximum of 150 days; amended at 15 Ill. Reg. 5642, effective April 15, 1991; amended at 16 Ill. Reg. 10449, effective July 1, 1992; emergency amendment at 17 Ill. Reg. 16227, effective September 17, 1993, for a maximum of 150 days; amended at 18 Ill. Reg. 2970, effective February 14, 1994; emergency amendment at 21 Ill. Reg. 647, effective January 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 5916, effective May 1, 1997; the policies embodied in this Part transferred to the Department of Juvenile Justice pursuant to Section 3-2.5-50 of the Unified Code of Corrections on June 1, 2006 and codified at 38 Ill. Reg. 16430; amended at 43 Ill. Reg. 14170, effective November 25, 2019.

 

Section 2405.10  Applicability

 

This Part applies to all Divisions of the Department of Juvenile Justice.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.15  Responsibilities

 

a)         Unless otherwise specified, the Director, Chief Administrative Officer, Superintendent or Principal may delegate responsibilities stated in this Part to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a rule in this Part specifically states the Director, Chief Administrative Officer, Superintendent or Principal shall personally perform the duties.  However, the Director, Chief Administrative Officer, Superintendent or Principal may designate another person or persons to perform the duties during periods of his or her temporary absence or in an emergency.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.17  Definitions

 

"Achievement test" means a nationally normed instrument, which has been approved by the Superintendent of School District #428, that measures an individual's educational grade level.

 

"Associate level courses" means academic and CTE courses that are approved by a college or university as meeting the requirements for an award of an Associate's Degree.

 

"Baccalaureate level courses" means academic and CTE courses that are approved by a college or university as meeting the requirements for an award of a Bachelor's Degree.

 

"Billable course work" means course work in which the committed youth is enrolled, or that begins on or after January 1, 1997 while in custody, that is necessary for a degree.

 

"Chief Administrative Officer" means the highest ranking official of a youth center.

 

"CTE" means career and technical education.

 

"Degree" means an academic title awarded by a college or university upon the completion of an approved course of study.  Types of degrees awarded are associate's, bachelor's, etc.

 

"Diploma" means an academic title awarded by School District #428 upon the completion of an approved course of study.  Types of diplomas awarded are eighth grade, high school, special education and the General Education Development (GED) Certificate.

 

"Department" means the Department of Juvenile Justice.

 

"Director" means the Director of the Department of Juvenile Justice.

 

"Educational programs" means courses of academic and CTE instruction offered to committed youth or persons 21 or under who have not yet earned a high school diploma or GED as approved by School District #428; or courses of academic and CTE instruction offered in the free community; or CTE work training programs offered by the Department or outside resources.

 

"Full-time student" means a committed youth who is enrolled in an educational program that has classes that are normally scheduled to meet a minimum of 15 hours a week; or a committed youth who is enrolled in college academics for a minimum of six credit hours per module or 12 credit hours per semester.

 

"90 instructional day program" means a period of 90 days of remedial education, excluding days of absence or days in which no instruction was offered.

 

"Instructional day" means a day in which instruction is provided.

 

"Sexually dangerous person" means any person as defined in Section 1.01 of the Sexually Dangerous Persons Act [725 ILCS 205].

 

"Superintendent" means the Superintendent of the Department of Juvenile Justice School District #428.

 

"Technical violator" means a committed youth who has been returned to a youth center due to a violation of the conditions of his or her parole, aftercare release or mandatory supervised release, but does not include a committed youth who has been adjudicated of a new offense.

 

"Unified Code of Corrections" means 730 ILCS 5.

 

"Working days" means Monday through Friday, excluding State holidays.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.20  Juvenile Educational Programs

 

a)         The opportunity for educational programs shall be available in the Department and through the Department of Juvenile Justice School District #428.  Nothing in this Part shall be construed to require educational opportunities for all committed persons, except as otherwise provided in Section 2405.60 or in Sections 3-6-2 and 3-9-1 of the Unified Code of Corrections.   Department of Juvenile Justice educational programs shall include:

 

1)         Basic education and GED;

 

2)         High school credits;

 

3)         Special education;

 

4)         CTE; and

 

5)         Post-secondary education, when possible.

 

b)         Committed youth shall be assessed upon being received in the Department to determine academic abilities.

 

c)         In determining the most appropriate educational programs, the Department shall consider, among other factors, the committed youth's composite scores on achievement tests, the safety and security of the facility or any person, staff recommendations, requirements for admission to specific programs, administrative concerns, and the committed youth's institutional behavior, disciplinary record, educational record and projected release date.

 

d)         In youth centers, committed youth may be eligible to enroll in:

 

1)         Basic Education if they test below the eighth grade level.

 

2)         GED training if they test at the eighth grade level or above and they do not have a verified diploma.

 

3)         High School credits if they test at the eighth grade level or above and they do not have a verified diploma.

 

4)         Special Education regardless of test scores.

 

5)         School District #428 CTE if they test at the third grade level or above.

 

6)         College CTE programs if they have a verified diploma or as otherwise approved in writing by the Superintendent.

 

7)         Two-year college academic programs (associate level courses) if they have a verified diploma.

 

8)         Four-year college or university academic programs (Bachelor's level courses) if they have a verified diploma.

 

f)         Committed youth shall be required to attend and actively participate in classes for which they are enrolled and shall be subject to discipline under 20 Ill. Adm. Code 2504 (Discipline and Grievances), unless absent due to verified illnesses, approved visits, court writs, furloughs, discipline, lockdowns or other reasons approved by the Chief Administrative Officer.  Active participation shall mean, but shall not be limited to, instances in which the committed youth is attentive, responsive and cooperative and completes assigned work.

 

g)         Committed youth shall adhere to attendance requirements of the educational program in which they are enrolled:

 

1)         Committed youth enrolled in non-college academic programs in  youth centers shall be required to attend and to actively participate in the number of instructional days specified to complete the program and shall not be absent from the program or shall not be documented as not actively participating in the program for more than 30 instructional days, not including days absent due to lockdowns.

 

2)         Youth committed in the Aftercare Services Division and committed youth enrolled in college academic courses shall attend scheduled classes and shall not be absent more than allowed under the requirements of the educational provider or the correctional facility policy.  Committed youth shall be advised of the specific requirements of the program in which they are enrolled.

 

h)         Committed youth may be removed from educational programs due to:

 

1)         Disciplinary action;

 

2)         Failure to adhere to attendance requirements;

 

3)         Administrative reasons approved by the Principal or the Chief Administrative Officer, including, but not limited to, disruptive behavior, lack of active participation, termination or suspension of the program, and safety and security reasons; or

 

4)         The committed youth's transfer to another facility or program.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.30  Assistance to Aftercare Services Division

 

Financial counseling and technical assistance in securing remedial education, GED training, special education, CTE training and post-secondary education may be provided by the Department of Juvenile Justice School District #428 to committed youth of the Aftercare Services Division.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.50  Adult Basic Education Attendance (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.60  Juvenile Educational Attendance

 

a)         All committed youth who have not received a diploma shall be required to participate in an educational program, unless specifically exempted by the Chief Administrative Officer and the Superintendent.  The exemption shall be based on, but not limited to, health, safety or security reasons, and resources available.

 

b)         The extent and length of the educational program shall be based, among other factors, upon the needs and characteristics of the committed youth, resources available, availability of programs, administrative concerns, and safety and security of the youth center or any person.

 

(Source:  Amended at 43 Ill. Reg. 14170, effective November 25, 2019)

 

Section 2405.70  Suspension of Programs

 

Unless otherwise provided by law, any of the provisions of this Part may be suspended by the Director for reasons including, but not limited to, safety and security, budgetary constraints, insufficient program resources, inadequate space or unavailability of educational staff.

 

Section 2405.80  Educational Reimbursement (Repealed)

 

(Source:  Repealed at 43 Ill. Reg. 14170, effective November 25, 2019)