The New Part 226 Rules: Highlights

1. The New Part 226 Rules:Highlights 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that duplicate Federal language • To highlight areas where Illinois chose to depart from Federal guidelines • To revise outdated or ineffective processes and procedures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

5. 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)

7. 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 “indicate…satisfaction” 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 student’s 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.

8. 23 IAC 226.50 Requirements for a Free Appropriate Public Education (FAPE) (a) Transfer Students • In the absence of receiving either the student’s 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 IEP’s 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.

9. 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.

10. 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 student’s 22nd birthday) (see 34 CFR 300.101(a)).

11. 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 student’s 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.

12. 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 student’s school year did not end until July 10, 2007. This student would be eligible to receive services until October 14, 2007.

13. 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 graduationrequirements 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 student’s 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.

14. 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.

15. 23 IAC 226.75 Selected Definitions

16. 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 child’s educational performance.

17. 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).

18. 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 child’s behalf • Individual acting in place of the biological or adoptive parent and with whom the child lives • An individual who is legally responsible for the child • A surrogate parent

19. 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

20. 23 IAC 226.130Specific Learning Disability (SLD) Response to Scientific, Research-Based Interventions (RtI)

21. 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 child’s participation in the process as the basis for denying a parent’s request for an evaluation.

22. 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

23. 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.

24. 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 child’s parents.

25. 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.

26. The IEP IEP Team IEP Content

27. 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 child’s 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

28. 23 IAC 226.210 IEP Team • Excusal of Team Members may occur when: • The district and parent agree in writing that the member’s attendance is not necessary because the member’s 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 member’s area is being discussed or modified) (34 CFR 300.321(e))

29. 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.

30. 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)

31. 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

32. 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 or daily routines • 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

33. 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].

34. Procedural Safeguards Transfer of Rights Consent Mediation Complaints Due Process

35. 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

36. 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 mediator’s objectivity in the case (34 CFR 300.506)

37. 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))

38. 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)

39. Resources • www.isbe.net/rules/archive/pdfs/226ark.pdf (state special education regulations) • http://a257.g.akamaitech.net/7/257/2422/01jan20061800/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)

40. Questions? • ISBE Special Education Services, Springfield, 217-782-5589