The Special Education Laws, Regulations, and Guidelines webpage provides information on federal and state laws and regulations for students with disabilities. On this page, you will also find additional educational information to provide support and/or answer questions about current federal and state regulations for students with disabilities. (a) Each school district is responsible for actively identifying and identifying all children from birth to age 21 in the district, including children who are not enrolled in public schools and may be eligible for special education and related services. Prescribed procedures: Multiple disabilities: Concurrent impairments (such as mental disability-blindness, mental retardation-orthopedic impairment, etc.), the combination of which results in an educational need so severe that it cannot be placed in special education programs for only one of the impairments (excluding deafblindness). 2) counselling the teacher and with the teacher through special education and related service providers; (h) The school district shall use assessment tools and strategies that provide relevant information and are comprehensive enough to help identify all of the child`s needs for special education and related services, whether or not they are generally related to the disability with which the child has been classified. (1) Additional or special education by the teacher; (c) No school district may enrol a child in a non-public special education program or accept the placement of a child with a disability under sections 14-7.02 of the Education Act [105 ILCS 5/14-7.02], unless all of the following conditions have been met. (3) assurance that the special education staff of the intermediate school district can inspect the private facility and consult with staff at reasonable hours; and The child receives instruction specially designed by a special education class. The child is accepted in those parts of regular education that are appropriate. (3) the provision of equipment, materials and special accommodation; (13) the use of federal funds under Medicaid (Title XIX) or Children`s Health Insurance (KidCare; Title XXI) Program to complement special education programs and services (if the district participates in one or more of these federal programs).
Each State is required to educate, as far as reasonably possible, students with disabilities as well as other students who are not handicapped. The removal of children with disabilities should only take place if teaching in a general education class with additional special education services is not appropriate. 34 C.F.R. § 300.114. States must also ensure that a continuum of alternative placements is available to meet the special education and related services needs of children with disabilities. 34 C.F.R. §300.115. Deafblindness: The hearing and visual impairments that accompany them, the combination of which results in communication and other developmental and educational needs so severe that they cannot be placed in special educational programs only for children who are deaf or blind. (b) No child placed in a non-public institution by his or her parents without the consent or recommendation of the local school district shall be entitled to the special education and related services that he or she would receive if enrolled in the district. Instead, the services of a district to these children are subject to the provisions of section 226.350 of this Part.
If there is reason to believe that a child has a disability that requires special education and related services, the child will be referred for a special education assessment. (1) whether the child is entitled to special education and related services; and if so, under the IDEA, the person who has a student`s decision-making rights in special education is the person who meets the definition of « parent » at 34 CFR § 300.30. This includes biological and adoptive parents, as well as foster parents, a person acting in place of a biological parent with whom the child lives, or a person legally responsible for the child`s well-being. In cases where the child lives in a youth home or group home, the Illinois State Board of Education (« ISBE ») appoints a surrogate parent to make educational decisions on behalf of the minor. 23 Fig. Admin. Code § 226.550. Of course, as soon as the student reaches the age of 18, he acquires his or her power to make decisions about education, unless he or she decides to delegate that power to his or her parent or another adult.
23 Fig. Admin. Code §226.690, 105 ILCS §5/14-6.10. f) If it is determined that a child is eligible for a special school, an IEP must be developed. If an MYP team determines that no less restrictive framework on the continuum of alternative placements meets a child`s needs, the child may be placed in a state-run or non-public special education institution. In such a case, the use of a state-run program must first be considered. However, the district will refer the child to the place or institution that best suits his or her situation. This finding is based on recent diagnostic assessments and other relevant evidence and takes into account other factors such as proximity to the child`s home. Evidence of a condition that poses a threat to the physical well-being of the student or other students may be considered in determining the appropriate accommodation for a particular child. Every State is obliged to provide free and adequate public education to every child entitled to special education, even if expelled or suspended. An « adequate » education is education tailored to the unique needs of the child in kindergarten, primary and secondary school. School districts are not required to provide the « best » education or maximize a child`s potential, but education must enable a child to make « educational progress. » 34 C.F.R.
§300.101(a); 23 Administrative Code of ill §226.50. This applies if eligible children are between the ages of 3 and 21. This requirement continues until the student graduates from regular high school or the day before their 22nd birthday, whichever comes first. This means that for early childhood education, the state must ensure that FAPE is available to the child until his or her third birthday. See 34 C.F.R. §§300.101-103 and 23 Fig. Admin. Code §226.50 for more information about FAPE. (b) Various assessment tools and strategies are used by trained and knowledgeable professionals who are used to gather relevant functional and developmental information about the child. The assessment includes information from the parent that can help determine: Each State is required to develop and implement a method for locating, identifying and assessing children with disabilities who require special education or related services.
These include homeless children, children in private schools, migrant children, as well as children moving from one class to another. 34 C.F.R. § 300.111; 23 Ill Administrative Code §226.100. Related services: transportation and developmental services, remedial and other support services necessary to assist a child with a disability in receiving special education, including speech and audiology, psychological services, physiotherapy and occupational therapy, recovery (including therapeutic recovery), early detection and assessment of disability in children, counselling services (including counselling in rehabilitation), referral and mobility services and medical services for diagnostic or assessment purposes; This includes school health services, social work services in schools, and parent counselling and training. (See section 226.310 of this Part.) Related services do not include those provided by licensed physicians or dentists (with the exception of diagnostic or assessment services or staff counselling), licensed or licensed general practitioners (except when acting as school nurses) or any other medical personnel involved in the provision of continuing medical care.