Section 226.220  Development, Review, and Revision of the IEP

The development, review, and revision of each child's IEP shall conform to the requirements of 34 CFR 300.324 and 300.328.  The additional requirements of this Section shall also apply.

a)         When an IEP has been developed or revised, the district shall provide notice in accordance with 34 CFR 300.503(b) and (c) immediately to the parents, unless a later date is agreed upon by the parent and documented in the IEP, and implementation of the IEP shall occur no later than 10 school days after the provision of this notice or by the beginning of the following school year if the IEP is developed or revised with fewer than 10 school days remaining in the school year.  If the new or revised IEP requires extended-year services, those services shall be provided in accordance with the provisions of the IEP.

b)         If, at a meeting to develop or revise a child's individualized education program, the IEP team determines that a certain service is required in order for the child to receive a free, appropriate public education and that service is not implemented within 10 school days after the service was to be initiated as set forth by the child's IEP, then the local education agency shall provide the child's parent or guardian with written notification that the service has not yet been implemented. The notification must be provided to the child's parent or guardian within 3 school days after the local education agency's non-compliance with the child's IEP and must inform the parent or guardian about the school district's procedures for requesting compensatory services. (Section 14-8.02f(d-5) of the Code) For purposes of this Section, "school days" does not include days in which a child is absent from school for reasons unrelated to a lack of IEP services or when the service is available but the child is unavailable.

c)         Either a child's educational provider or a child's parent may request an IEP meeting at any time.  Within 10 days after receipt of a request, the district shall either agree and notify the parent in accordance with 34 CFR 300.501(b) and Section 226.530(a) or notify the parents in writing of its refusal, including an explanation of the reason no meeting is necessary to ensure the provision of FAPE for the child.

d)         The development of an IEP for a child who has a disability on the autism spectrum shall include consideration of the factors specified in Section 14-8.02(b)(1) through (7) of the Code.

e)         If a student has an intellectual disability or a developmental disability, as defined under Section 1-106 of the Mental Health and Developmental Disabilities Code [405 ILCS 5], the student's IEP team shall determine the student's Priority of Urgency of Need for Services (PUNS) registration status at the annual IEP review based upon information provided by the student's parents or guardian or by the student. If it is determined that the student is not registered for the PUNS database or if it is unclear whether the student is registered for the PUNS database, the parents or guardian and the student shall be referred to a designated employee of the public school who shall provide the student's parents or guardian and the student with the name, location, and contact information of the appropriate intermediate service center to contact in order to register the student for the PUNS database, as well as other relevant information provided in Section 2-3.163(c-5) of the School Code. (Section 2-3.163(a-5) of the School Code)

f)         In the development of the individualized education program, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing the student's individualized education program. (Section 14-8.02(d) of the School Code)

(Source:  Amended at 49 Ill. Reg. 6901, effective May 5, 2025)