What are the Illinois special education laws?
The Individuals with Disabilities Education Act (IDEA) is the primary source of federal funding for special education in the schools and sets forth substantive and procedural provisions for the education of students with disabilities. The state of Illinois has a parallel law, the Illinois School Code Special Education Article (or the "School Code"), that tracks the IDEA’s provisions. Article 14-8.01 was enacted with the intention that the regulations would be parallel to the federal regulations which were issued by the U.S. Department of Education on May 3, 2006.
The School Code and its accompanying rules are similar to the IDEA and its implementing regulations, but they must be read together: the School Code governs; IDEA interpretations provide helpful context, but a conflict with the School Code means the standard in the School Code must be followed.
The laws have various provisions for different categories of disability, such as the Blind Persons Act, Deaf and Hearing Impaired Children Act, and Speech Language needs. However, when a student has more than one type of disability, as is so often the case, in addition to some other disability, the student is entitled to a free appropriate public education (FAPE). This term means that all students, without distinctive limitation, will be given the same opportunity to grow and improve. This also includes any student who has been suspended or expelled from school. The portion of the law that applies to students who have been suspended , expelled, or withdrawn is subsection 14.4. This section provides organizations in Illinois with a duty to find and take care of students who require special education. Referrals or alerts about a student’s needs can come from schools, parents, or even transferred documents. The students’ special needs are to be taken note of as early as possible, despite the cause.
Where the IDEA sets forth various requirements for governance and participation in Individualized Education Programs (IEP) meetings, Illinois’ School Code broadly states that the IEP may be in any form agreed upon. The IEP team and parent can agree to hold meetings and create timelines that are not specified, as long as they are detailed in the IEP itself. The IEP team does not have to consist of the same people each time, the dimensions of the assessments are unspecified, and the results need not be included in the IEP, as the IDEA requires.
The purpose of special education law is to provide access and equal opportunity to students with disabilities, so that they may achieve the same educational success as their peers. The laws are designed to be flexible by using broad language. Instead of anchoring requirements to each activity, the law outlines the general process by which the needs of such students are determined and the appropriate method for education is then determined.
The main provisions of the Individuals with Disabilities Education Act (IDEA)
As previously mentioned, the IDEA is a federal law that ensures students with disabilities receive free and appropriate public education in the least restrictive environment possible. Students can receive special education and other needed services to help meet their educational goals. In Illinois, the State Board of Education has a Special Education Division that oversees the implementation of IDEA as well as all associated local, state and federal laws, rules and regulations governing special education. The following are some of the requirements of IDEA supplemented by specific Illinois law and regulation: IDEA also contains additional provisions ensuring equality of treatment of students with and those without disabilities.
Eligibility for special education in Illinois
Students are eligible for special education and related services if their physical, mental, communicative, or learning impairments result in the need for special education and related services. Determining if a child is eligible for special education is a complicated process, but it starts with the following:
Initial Evaluation
Within 10 days of the referral, the school will hold and document a staffing conference to determine the eligibility of the child and obtain parental consent to complete an evaluation. A Notice of the conference will be sent to the parents at least 5 days prior to the conference. Within 60 days of the receipt of a parental consent form, the school must complete an evaluation to determine the student’s eligibility for special education.
Consent Form
Parents must sign a consent form authorized prior to the testing or evaluation of their child. Consent must be given in writing prior to the evaluation being completed. The consent of a parent is required before the student may:
• have an initial evaluation to determine if they qualify for special education or services;
• receive special education placement or services; and
• have the IEP implemented.
If the parent does not consent to the evaluation, the school can continue to work with the child through the Response to Intervention Process.
Eligibility
If it has been determined that the child is eligible, the IEP developed must indicate one of the following:
• The student qualifies as a child with a disability and is in need of special education; or
• The student is advanced and may be gifted. The student is considered academically gifted if they are performing or capable of performing above average on a state or local assessment in general intelligence or overall ability.
For students through age 2, they may be considered eligible if they have a present developmental delay (from birth to age 2 years 11 months) for any of the following:
• cognitive;
• physical;
• communication;
• social/emotional; or
• adaptive development.
Eligibility is determined by two factors:
• The child with a disability must meet the Nature and Degree of Impact criteria; and
• The child must require special education as documented in an IEP.
These determinations should be made regardless of the amount or degree of parent involvement.
Essentially if the student qualifies for gifted education, it is considered a special education student and should therefore follow the below required elements of the IEP.
Individualized Education Program (IEP) basics
The heart of special education in Illinois is the Individualized Education Program (IEP). An IEP is a written document that is developed through collaboration between parent(s), teachers, and school district personnel designed to set out a child’s educational needs related to a disability and what services and accommodations should be provided to meet those needs. (See Section 14-8.02 of the School Code)
An IEP must be in place by the age of three for any child with a moderate or severe developmental delay, at the age of five for any child with a visible physical disability, or at the age of 18 for any child diagnosed as autistic.
As required under the Illinois School Code an IEP must include the following:
• A statement of the child’s current level of academic achievement and functional performance, which is a broad view of the child’s strengths and weaknesses, including considerations such as class participation, test scores, behavior, social skills and friendships.
• A statement of the annual goals and measurable objectives for the child’s academic and functional skills.
• A statement of the special education and related services, including supplemental services, aids and supports to be provided to the child, or on behalf of the child, designed to improve the child’s academic achievement and functional performance.
• A statement of the extent to which the child will participate in these activities with children, with and without disabilities.
• A statement of any replacements for state or district-wide assessment and/or modifications and accommodations appropriate for the child.
• The projected beginning date for services and anticipated duration of the services.
• Beginning at age 14, information regarding the transition services that will enable the child to plan for post school living, post high school education and employment opportunities.
• Transition planning must include information and a statement of any needed transition assessments and services, a statement of the course of study and an age appropriate description of vocational and career and technical education objectives.
An IEP is the blueprint for how an eligible child will receive educational services and support from the school district. The IEP is a legal document and most importantly, creates educational rights and protections for special education students, including protections against discrimination, segregation and inappropriate placement in special education. The IEP is updated annually in an IEP meeting which must be held no less often than once every twelve months.
Parents and their rights
Parental rights in the special education process in Illinois are significant. As a parent, you have the right to be involved in your child’s educational plan, and this essential role is protected by federal and state regulations. Within the realm of special education, Rights of Parents and Children are defined very well by Illinois state law. For instance, parents have the right to:
Make informed decisions regarding any services provided to their children
Participate in the educational placement process
Receive information regarding their children’s educational progress
Obtain assistance from appropriate agencies, including legal representation
Be included in the development of their children’s Individual Education Program (IEP)
As previously mentioned, when a child is determined eligible for special education services, they will work with the IEP Team on their IEP, which is a written education plan that spells out their specific needs and outline how the school will meet those needs. Parents are critical members of the IEP Team, whose duties include:
Reviewing and revising the IEP
Monitoring compliance with IEP requirements
Providing input and feedback on the adequacy and appropriateness of the IEP
Advocating for the needs of children
One of the more common areas where parents serve a critical purpose is related to procedural safeguards . According to the Illinois State Board of Education, procedural safeguards are designed to help parents actively and meaningfully participate in the decision-making processes regarding their child’s special education and, where appropriate, the parent’s participation in their own special education if the "parent" is a student who is over 18 years old and seeks special education services. Procedural safeguards are outlined in Article 14 of the Illinois School Code, the Illinois Administrative Code, the Illinois Compiled Statutes, and in the U.S. Department of Education – Office of Special Education Programs (OSEP) Policy Letters and DOCs. Procedural safeguards outline the various responsibilities of the Local Educational Agency (LEA) and special education personnel (e.g., administrators, teachers, and staff) regarding:
Parental consent
Informed consent and "prior written notice"
Confidentiality of student’s records and information
Access to student records
Disclosure of student records to schools
Transfer of parental rights
Procedures for mediation and complaints (state level and district-level)
While parents have several rights and responsibilities under special education laws, knowing how to use these protections to best advocate on behalf of your child is essential for ensuring their educational success.
Mediation and resolution of disputes
Parents and school districts may sometimes encounter situations where they disagree on whether a child is receiving an appropriate education under the law. These disagreements may present themselves in different ways, such as: When these situations arise, Illinois law provides several options for resolution, some of which include a due process hearing before a neutral due process hearing officer or an Impartial Due Process Hearing Officer, all of which are iso the oversight of the Illinois State Board of Education. At the due process hearing, the parent, school district, or IEP team has the right to present witnesses, evidence, and testimony to support their respective positions to the due process hearing officer who presides over the matter. You have the right to representation by an attorney, but it is not required. However, it is important to note that when pursuing a due process hearing, parents must file the request within two years of the date you or your child knew or should have known about the problem giving rise to the dispute. If a due process hearing is not initiated within this time frame, the party filing the due process hearing can be barred from seeking the requested remedy for the issue.
Updates to Illinois special education laws
The Individuals with Disabilities Education Act (IDEA) is a federal law that provides guidelines for how states should provide special education services to students with disabilities. To receive federal funding, states must comply with IDEA’s provisions. Illinois is a state receiving funding under IDEA and so the state is required to comply with the provisions of IDEA. However, these requirements are minimum requirements. So Illinois may have different or additional requirements than those set forth in IDEA.
The Illinois Department of Human Services updated the Illinois Special Education Rules on August 24, 2017. The 2017 updates incorporate changes in state law, based on statutory changes made by lawmakers.
Illinois Department of Human Services reported that the Illinois Special Education Rules May-July 2018. The ISBE published a notice of proposed rulemaking titled "Recoupment of Payments After Resolution" proposing amendments reflecting recent statutory changes to the School Code. The notice is in response to two statutory enactments, one specifying how expenditures should be documented for educational-related reimbursement programs; and the other specifying rules about when a public agency should recoup payments made in error.
The Illinois Department of Human Services reported that the Illinois Special Education Rules September 2018. The ISBE published a notice of proposed rulemaking titled "Recoupment of Payments After Resolution," proposing amendments reflecting recent statutory changes to the School Code. The notice is in response to two statutory enactments, one specifying how expenditures should be documented for educational-related reimbursement programs and the other specifying rules about when a public agency should recoup payments made in error. ISBE adopted these proposed amendments on an emergency basis, effective November 14, 2017, and now proposes to adopt them on a permanent basis.
Resources available for families
Families in Illinois can turn to a number of resources and support systems to help them navigate the intricacies of the special education system. A variety of advocacy groups, state agencies, and online tools provide useful information that can assist families in gaining a greater understanding of their rights and the avenues available to them.
The Illinois State Board of Education is a useful starting point for families who are interested in understanding the laws surrounding special education. ISBE has a page dedicated to special education laws and regulations where families can read how special education policy is written, amended, and enforced. The site also includes links to relevant state code sections, rules, and regulations to give families all the resources they need to learn the law.
Another important tool is the Illinois Parent Training and Information Network (PTI). The PTI program covers more than 10 areas across the state, working directly with families of children with disabilities to teach them about their rights and provide them with the information they need to advocate for their children. Headquartered at Family Resource Center on Disabilities in Chicago, the PTI can provide expert advice and guidance through the many processes starting with Preschool-age kids and continuing through age 21 . The federally funded PTI staff receive more than 20,000 phone calls per year to counsel and advise families of children with disabilities, guiding them through common issues such as Individualized Education Programs (IEP), due process, and mediation.
Parents can also use an excellent resource in the Illinois Special Education Collaborative, a nonprofit dedicated to helping families with educational needs. This organization was put together through the cooperation of four key organizations in Illinois, including the Alliance Against Intellectual Disabilities, the Autism Society of Illinois, the Chicago Public Schools, and the Lane Educational Service Center.
In addition to resources provided directly by the State of Illinois and local nonprofit advocacy groups, there are a number of ways parents can gather information online. For instance, Wrightslaw.com specializes in education law and advocacy for children with special needs, using both books and an active blog to keep readers updated regarding issues in their community.
It is also crucial that parents looking for information on special education in Illinois speak with a special education attorney. These professionals are dedicated solely to the interests of disabled individuals and their families, having a range of knowledge that can help guide families and lead to successful outcomes when it comes to planning for a family member’s care in the long term.