The New Part 226 Rules: Highlights

1
The New Part 226 RulesHighlights

• Illinois State Board of Education

2
Presentation Objectives

• Review rule approval process
• Provide rationale for rule changes
• Highlight significant rule changes
• Discuss application of new rules

3
Why This Way?

• To reduce the number of state rules that
  duplicate Federal language
• To highlight areas where Illinois chose to depart
  from Federal guidelines
• To revise outdated or ineffective processes and
  procedures

4
Key Dates

• IDEA 2004 December 2004
• Illinois Proposed Rules April 2006
  
• Public Comment April 2006 - October 2006
• Final Federal Rules August 2006
• ISBE Board Approval December 2006
• JCAR Prohibition January 2007
• ISBE Board Approval of
• Revised Rules June 2007
• JCAR Lifting of Prohibition June 2007
• Final Illinois Rules June 28, 2007

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23 IAC 226.50 Free Appropriate Public Education

• Transfer Students, Eligibility Graduation

6
23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)

• (a) Transfer Students
• Additional requirements outlined in the rule
  apply only to students who transfer from another
  district in Illinois
• Out-of-state transfers are controlled by the 20
  USC Section 1414(d) and 34 CFR 300.323(f)

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23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)

• (a) Transfer Students
• When a district receives a transfer student from
  another Illinois district, it may
• Adopt the IEP of the sending district without an
  IEP meeting if it deems the IEP appropriate and
  the parents indicatesatisfaction with the IEP
  either orally or in writing.
• Develop a new IEP after providing notice to the
  parents (no later than ten days after the
  students enrollment in the new district) of the
  date of the new IEP meeting. In the interim, the
  district shall implement services comparable to
  those in the IEP of the sending district.

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23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)

• (a) Transfer Students
• In the absence of receiving either the students
  IEP from the sending district or verbal or
  written confirmation of the contents of the IEP
  from the sending district, the district may
  provide services it believes will meet the needs
  of the student until the IEP or confirmation of
  the IEPs contents is received from the sending
  district.
• The receiving district MUST request records from
  the sending district within one business day
  after enrollment of the student.

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23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)

• If the receiving district has not received and
  adopted the existing IEP from the sending
  district within ten days after the deadline for
  the sending district to transfer such records
  under Section 2-3.13a of the School Code, the
  receiving district SHALL initiate an IEP meeting
  to develop a new IEP.

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23 IAC 226.50 Requirements for a Free
Appropriate Public Education (FAPE)

• Eligibility Graduation or Completion of Program
• 1) An eligible student who requires continued
  public school educational experience to
  facilitate his or her integration into society
  shall be eligible for such services through age
  21, inclusive (i.e., through the day before the
  students 22nd birthday) (see 34 CFR 300.101(a)).

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Age of Eligibility Rule of Application

• If the student aged-out under the old rule (i.e.,
  the age-out occurred on or before June 27,
  2007), the student is no longer eligible for
  services, even if the students age might allow
  for further eligibility under the new rule.
• Why is this? No retroactivity is included in the
  language of the regulation or the recently signed
  PA 95-0014, which is the legislative version of
  the rule.

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Examples of the Rule

• a) Student A turned 21 on October 15, 2006 and
  completed the school year on June 5, 2007. This
  student would NOT be eligible to receive further
  services during the 07-08 school year.
• b) Student A turned 21 on October 15, 2006 but,
  by virtue of extended school year, this students
  school year did not end until July 10, 2007.
  This student would be eligible to receive
  services until October 14, 2007.

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Graduation Requirements

• 23 IAC 226.50(c)
• The provision of FAPE is not required with
  respect to a student with a disability who has
  graduated with a regular high school diploma.
• A student with a disability who has fulfilled the
  minimum State graduation requirements set forth
  in Section 27-22 of the School Code 105 ILCS
  5/27-22 shall be eligible for a regular high
  school diploma.
• A) If the students individualized education
  program prescribes special education, transition
  planning, transition services, or related
  services beyond that point, issuance of that
  diploma shall be deferred so that the student
  will continue to be eligible for those services.

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Graduation Requirements

• 23 IAC 226.50(c)
• (3)(B) If the student is to receive a regular
  high school diploma, at least one year prior to
  the anticipated date of its issuance, both the
  parent and the student shall receive written
  notification in conformance with the requirements
  of 34 CFR 300.503 that eligibility for public
  school special education services ends following
  the granting of a diploma and that the parent (or
  the student, if Section 226.690 of this Part
  applies) may request an IEP meeting to review the
  recommendation that the student receive a regular
  diploma.
• 4) Students who have participated in a
  graduation ceremony but have not been awarded
  regular high school diplomas continue to be
  eligible to receive FAPE through age 21,
  inclusive.

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23 IAC 226.75

• Selected Definitions

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23 IAC 226.75 Definitions

• Disability
• IDEA identifies 13 disabilities as the basis for
  students eligibility for special education and
  related services. These disabilities (autism,
  deaf-blindness, deafness, emotional disability,
  hearing impairment, cognitive disability,
  multiple disabilities, orthopedic impairment,
  other health impairment, specific learning
  disability, speech or language impairment,
  traumatic brain injury, and visual impairment)
  shall be defined as set forth in 34 CFR 300.8(c).
  In addition, for the purposes of this Part,
  autism shall include, but not be limited to,
  any Autism Spectrum Disorder that adversely
  affects a childs educational performance.

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23 IAC 226.75 Definitions

• Developmental Delay
• See 34 CFR 300.8 and 300.111(b). Delay in
  physical development, cognitive development,
  communication development, social or emotional
  development, or adaptive development (may include
  children from three through nine years of age).

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23 IAC 226.75 Definitions

• Parent
• Incorporates language of 34 CFR 300.30 and
  defines a parent as either
• A biological or adoptive parent
• A foster parent (unless State or local law
  otherwise limit this authority)
• A guardian (other than the State) authorized to
  act on the childs behalf
• Individual acting in place of the biological or
  adoptive parent with whom the child lives
• An individual who is legally responsible for the
  child
• A surrogate parent

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23 IAC 226.75 Definitions

• Related Services
• Adopts language of 34 CFR 300.34
• Adopts exclusionary language of 300.34 that
  excludes surgically implanted devices like
  cochlear implants including optimization of the
  functioning of such devices
• Duty of a local district to monitor and maintain
  devices to maintain the health and safety of the
  child is now explicit

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23 IAC 226.100

• Child Find Evaluation

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23 IAC 226.100 Child Find Responsibility

• Reminder
• Child find now explicitly includes
  parentally-placed students who attend private
  schools in your district (per the requirements of
  IDEA 2004, Section 1412)

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23 IAC 226.110 Evaluation Procedures

• Procedures for requesting and conducting initial
  evaluations of children who are suspected of
  requiring special education and related services
  shall conform to the requirements of 34 CFR
  300.301, 300.304, 300.305, and 300.306. For
  purposes of this Section, the date of referral
  discussed in Section 14-8.02 of the School Code
  shall be understood to be the date of written
  parental consent for an evaluation, and screening
  procedures done in accordance with 34 CFR 300.302
  shall not be considered an evaluation. Consent
  for the initial evaluation shall be obtained in
  conformance with the requirements of 34 CFR
  300.300. In addition, the following requirements
  shall apply

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23 IAC 226.110(a)(3) Evaluation Procedures

• Within 14 school days after receiving a request
  for an evaluation, the district shall determine
  whether an evaluation is warranted. If the
  district determines not to conduct an evaluation,
  it shall provide written notice to the parents in
  accordance with 34 CFR 300.503(b). If an
  evaluation is to be conducted
• a) The district shall convene a team of
  individuals (including the parent) having the
  knowledge and skills necessary to administer and
  interpret evaluation data. The composition of the
  team will vary depending upon the nature of the
  childs symptoms and other relevant factors.

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23 IAC 226.110(a)(3) Evaluation Procedures

• b) The team shall identify the assessments
  necessary to complete the evaluation in
  accordance with 34 CFR 300.305 and shall prepare
  a written notification for the parents as
  required under 34 CFR 300.304(a). For each
  domain, the notification shall either describe
  the needed assessments or explain why none are
  needed.
• c) The district shall ensure that the
  notification of the teams conclusions is
  transmitted to the parents within the
  14-school-day timeline applicable under this
  subsection (c)(3), along with the districts
  request for the parents consent to conduct the
  needed assessments.

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23 IAC 226.130Specific Learning Disability
(SLD)

• Response to Scientific, Research-Based
  Interventions (RtI)

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The Heart of the RtI Language

• 23 IAC 226.130(b)
• Provided that the requirements of this subsection
  (b) are met, each district shall, no later than
  the beginning of the 2010-11 school year,
  implement the use of a process that determines
  how the child responds to scientific,
  research-based interventions as part of the
  evaluation procedure described in 34 CFR 300.304.
  When a district implements the use of a process
  of this type, the district shall not use any
  childs participation in the process as the basis
  for denying a parents request for an evaluation.

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The Prerequisites to Mandatory RtI

• By January 1, 2008, ISBE must develop a plan for
  implementing RtI that is to be developed in
  consultation with stakeholder groups, including
  ISAC
• The plan must include estimated costs and
  resources needed to provide TA to districts, as
  well as a method for identifying those districts
  that require assistance for resources

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The Prerequisites to Mandatory RtI

• By January 1, 2009, local districts must develop
  a plan for transitioning to the use of an RtI
  process, including identification of the
  resources to be used in implementing the plan
• NOTE Nothing prohibits districts from
  implementing RtI now, though it is not yet
  mandatory. Remember, though, that the
  requirements at 34 CFR 300.309(b) do apply now.

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34 CFR 300.309(b)

• To ensure that underachievement in a child
  suspected of having a specific learning
  disability is not due to lack of appropriate
  instruction in reading or math, the group must
  consider
• 1) Data that demonstrate that prior to, or as
  part of, the referral process the child received
  appropriate instruction in regular education
  settings from qualified personnel and
• 2) Data-based documentation of repeated
  assessments of achievement at reasonable
  intervals, reflecting formal assessment of
  student progress during instruction, which was
  provided to the childs parents.

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The Old Process Remains

• 23 IAC 226.130(d)
• Districts may continue to use a severe
  discrepancy model when determining whether a
  specific learning disability exists, but
  beginning with the 2010-2011 school year, must
  also first use an RtI process.

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The IEP

• IEP Team
• IEP Content

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23 IAC 226.210 IEP Team

• The composition of the IEP Team for a particular
  child, and the participation, attendance, and
  excusal of the team members and other individuals
  in the IEP meeting, shall conform to the
  requirements of 34 CFR 300.321, 300.322, 300.324,
  and 300.325. The additional requirements of this
  Section shall also apply.
• a) The general education teacher who serves as a
  member of a childs IEP Team shall be a teacher
  who is, or may be, responsible for implementing a
  portion of the IEP, so that the teacher can
  participate in discussions about how best to
  instruct the child.
• General Education Term is interchangeable with
  regular education
• b) For students aged 3 through 5 who have not yet
  entered the primary grades, a teacher qualified
  to teach non-disabled preschool students

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23 IAC 226.210 IEP Team

• Excusal of Team Members may occur when
• The district and parent agree in writing that the
  members attendance is not necessary because the
  members area of curriculum or related services
  is not being modified or discussed or
• The district and parent agree to the excusal and
  the member submits written input into the IEP
  development process prior to the meeting (if the
  members area is being discussed or modified) (34
  CFR 300.321(e))

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23 IAC 226.210 IEP Team

• By reference to 34 CFR 300.324, amendments to the
  IEP may be made outside the IEP meeting process
  if done in writing with the agreement of the
  parent and the district. The writing must define
  the changes to be made to the IEP. Members of
  the IEP team must be informed of those changes.

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Section 226.230 Content of the IEP

• Each IEP shall include
• Present Levels of Educational Performance must
  include statements of academic and functional
  performance (34 CFR 300.320)

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P.A. 95-0257 Additional IEP Procedures for
Students with Autism

• Amends 14-8.02 of the School Code to require
  specific factors to be considered by the IEP team
  when addressing the needs of students whose
  exceptionalities fall within the autism spectrum
  according to the DSM-IV

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P.A. 95-0257 Additional IEP Procedures for
Students with Autism

• Factors to be considered
• Verbal and non-verbal communication needs
• Need to develop social interaction skills
  proficiencies
• Needs resulting from unusual responses to sensory
  experiences
• Needs resulting from resistance to environmental
  changes, changes in daily routines or engagement
  in repetitive activities stereotyped movements
• Need for positive behavioral interventions,
  supports and strategies to address any behavioral
  difficulties arising from autism spectrum
  disorder
• Other needs resulting from the condition that
  impact on progress in the general curriculum

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Section 226.230 Content of the IEP

• c) Post-Secondary Transition
• Beginning not later than the first IEP to be in
  effect when the child turns 14 1/2, and updated
  annually thereafter, the IEP shall include
• appropriate, measurable, postsecondary goals
  based upon age-appropriate assessments related to
  employment, education or training, and, as
  needed, independent living
• the transition services that are needed to
  assist the child in reaching those goals,
  including courses of study and any other needed
  services to be provided by entities other than
  the school district and
• any additional requirements set forth in Section
  14-8.03 of the School Code 105 ILCS 5/14-8.03.

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Procedural Safeguards

• Transfer of Rights
• Consent
• Mediation
• Complaints
• Due Process

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P.A. 95-0372 Transfer of Rights

• Adds a new Section 14-6.10 to the School Code
• Facilitates the ability of students 18 and older
  to appoint another person to represent their
  educational interests
• Prescribes language that students may use to
  appoint an educational representative
• Creates an alternative to guardianship process in
  Illinois

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Section 226.540 Consent

• Consent is required when
• Accessing Medicaid, other public benefits or
  private insurance (34 CFR 300.154)
• Initial evaluations (34 CFR 300.300)
• Re-evaluations (34 CFR 300.300)
• Initial provision of services (34 CFR 300.300)
• Release of information to individuals or agency
  outside of the district (34 CFR 300.622)

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Section 226.540 Consent

• Revocation of consent may be oral or written (if
  oral, district must memorialize in writing within
  5 days)
• If consent is revoked
• The revocation has immediate effect
• The action for which consent was provided must be
  terminated immediately
• In the case of a placement, the district may
  request due process to stay the placement and to
  challenge the revocation, but must do so within 5
  business days after the parents revocation
  occurred

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Section 226.560 Mediation

• Agreements are now enforceable in a State or
  Federal court (34 CFR 300.506)
• Mediators may not be an employee of the SEA or
  LEA, or have a personal or professional interest
  that conflicts with the mediators objectivity in
  the case (34 CFR 300.506)

44
Section 226.570 State Complaints

• Principal Changes
• One-year statute of limitations for filing a
  complaint (34 CFR 300.153(c))
• The party filing the complaint must also forward
  a copy of the complaint to the LEA against whom
  the complaint was filed (34 CFR 300.153(d))
• The parties must be afforded the opportunity to
  mediate their dispute to resolve the issues (34
  CFR 300.152(a))

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Section 226.600 et seq. Due Process

• Principal Changes
• Two-year statute of limitations
• Prehearing procedures
• Dismissal for lack of sufficiency
• Written responses
• Resolution process
• Longer timelines for expedited hearings (20
  school days for hearing, 10 school days for
  decision)

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Class Size

• General Education
• Special Education

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Section 226.730 731 Class Size

• GENERAL EDUCATION CLASS
• When a students IEP calls for services in a
  general education classroom, the student must be
  served in a class that is composed of students of
  whom at least 70 percent are without IEPs, that
  utilizes the general curriculum, that is taught
  by an instructor certified for general education,
  and that is not designated as a general remedial
  classroom.
• THIS REMAINS THE SAME

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SPECIAL EDUCATION CLASSES

• Class Size Case Load

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Whats the Difference?

• Class Size
• The number of students in a special
  education classroom during any class period
• Case (Work) Load
• The number of students for which a special
  educator is responsible

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Section 226.731 Class Size Provisions for 2007-
08 and 2008-09

• In the Special Education Setting
• A student shall be considered to require
  instructional classes when he or she receives
  special education instruction for 50 percent of
  the school day or more. Classes for such
  students shall be subject to the limitations of
  this subsection (b).
• A student shall be considered to require
  resource classes when he or she receives
  special education instruction for less than 50
  percent of the school day. Classes for such
  students shall be subject to the limitations of
  this subsection (c).
• THIS ALSO REMAINS THE SAME

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Special Education Class Sizes through 2008-09

• Disability Category Limit Unique
  w/Aide Circumstances
• INSTRUCTIONAL CLASSES
• Early Childhood (All Disabilities) 5
  7 10
• Multiple Disabilities 5 7
  10
• Severe/Profound Disability 5
  7 10
• Traumatic Brain Injury 8 10
  13
• Severe Visual Impairment 8 10
  13
• Severe Hearing Impairment 8
  10 13
• Severe Physical Impairment 8
  10 13
• Severe Speech/Language Impairment 8
  10 13
• Severe Behavior Disorders 8
  10 13
• Learning Disabilities 10 12
  15
• Cross Categorical 10 12
  15
• Moderate Visual Impairment 12
  14 17
• Moderate Hearing Impairment 12
  14 17
• Mild or Moderate Mental Impairment
• Primary, ages 6-8 12 14
  17
• Intermediate, jr, sr. high) 15
  17 20

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23 IAC 226.730 Special Education Class Sizes for
2009-10 and Beyond

• Class size means the total number of students an
  educator serves during any special education
  class. As used in this subsection (b), class
  means any circumstance where only students with
  IEPs are served and at least one special
  education teacher is assigned and provides
  instruction and/or therapy exclusively to
  students with IEPs. In the formation of special
  education classes, consideration shall be given
  to the age of the students, the nature and
  severity of their disabilities, the educational
  needs of the students, and the degree of
  intervention necessary, subject to the
  limitations of this subsection (b).

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23 IAC 226.730 Special Education Class Sizes for
2009-10 and Beyond

• Removal from
• General Ed limit total
  w/ aide
• 0-20 15 17
• 21-60 10 15
• 61-100 8 13
• Ages 3-5 5 10

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Work Load for Special Educators
55

• Case Load Work Load

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Whats the Difference?

• Caseload A head count the number of
  students with an IEP for which a special educator
  is responsible
• Does not take into consideration the type
  instruction required, the amount of consultation
  with others required, the amount of IEP meetings
  required

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23 IAC 226.735 Work Load for Special Educators

• LEAs must adopt a plan specifying limits on the
  work load of its special educators
• Plans must be developed with the LEAs affected
  employees and, where there is an exclusive
  representative, in accordance with the Illinois
  Educational Labor Relations Act (IELRA).
• Plans must take effect by the 2009-10 school
  year, unless a later date is necessary to comply
  with an agreement under the IELRA in effect at
  the beginning of that school year

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23 IAC 226.735 Work Load for Special Educators

• Plan must be based on analysis of the activities
  for which special education staff are
  responsible, including, but not limited to
• individualized instruction,
• consultative services and other collaboration
  among staff members,
• attendance at IEP meetings and other staff
  conferences, and
• paperwork and reporting.
• Caseload for speech-language pathologists remains
  the same no more than 60 students

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Resources

• www.isbe.net/rules/archive/pdfs/226ark.pdf (state
  special education regulations)
• http//a257.g.akamaitech.net/7/257/2422/01jan20061
  800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf
  (IDEA 2004 final regulations)
• http//www.isbe.net/spec-ed/default.htm (access
  to mandated Notice Consent Forms Instructions
  and recommended IEP Forms Instructions)

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Questions?

• ISBE Special Education Services, Springfield,
  217-782-5589