Educational Rights and Responsibilities:
Understanding Special Education in Illinois
“THE PARENT GUIDE”
Illinois State Board of Education
Special Education Department
August 2020
Acknowledgements
Acknowledgements
This parent guide, Educational Rights and Responsibilities:
Understanding Special Education in Illinois, has been revised by the
Illinois State Board of Education (ISBE) Special Education Department
to incorporate the changes in regulation and law that have occurred
since its original release in 2009.
i
Foreword
Foreword
Educational Rights and Responsibilities: Understanding Special Education in Illinois
is for parents, teachers, administrators, and others to learn about the
educational rights of children who receive special education and related
services due to disabilities that affect their ability to achieve academically.
Special education laws and procedures are complicated and can be difficult
to understand. This guide will clarify some of the procedures of special
education; however, it is not a complete explanation of all the special
education laws. The guide does contain information about many of the most
common topics related to the broad special education landscape, from
identification and evaluation to transition planning and complaint procedures.
If you are a parent reading this guide, your child may have been identified as
having a disability or may be experiencing difficulties in school. All students
possess differences, learn differently, and demonstrate varied abilities,
factors that contribute to each person’s uniqueness. Special education is more
about ability than disability, strengths over deficits. What your child can do
is far more important than any perceived or actual limitations he or she may
be experiencing. Because you know your child better than anyone else does,
your involvement in the educational process is critical. Your school district
wants and needs your involvement in your child’s education. This guide
provides you with tips on how to work in partnership with your local school
district on behalf of your child. We hope this information will give you a
better understanding of the special education process in Illinois.
This guide is not meant to replace the Notice of Procedural Safeguards that
districts must give to parents of eligible children at specific times during
the school year. If you have any questions about special education rules
or regulations, call a consultant at the Special Education Department
of ISBE at (217) 782-5589. The ISBE Special Education homepage has
many resources and is located at the following web address:
https://www.isbe.net/Pages/Special-Education-Programs.aspx.
Barbara Moore
Director, Special Education Department
ii
Illinois State Board of Education, March 2020
Table of Contents
Table of Contents
Acknowledgements
ii
Foreword
v
Introduction: How to Use This Guide
1
Chapter 1: Child Find
3
Overview
4
Screening
4
Child Find and English Learners
6
Chapter 2: Multi-tiered System of Supports (MTSS)
7
What Is MTSS?
MTSS Diagram
MTSS for Other Interventions
8
10
13
The Role of Parents in an MTSS Process
14
English Learners in MTSS
15
Resources
15
Chapter 3: Referral and Evaluation
16
Definitions
17
Initial Eligibility: Step by Step Diagram
18
Parent Involvement in the Referral Process
19
Evaluation and Reevaluation
21
Independent Educational Evaluation (IEE)
23
Referral and Evaluation of English Learners
24
Chapter 4: Eligibility Categories
25
Disability Category Definitions
26
Chapter 5: Additional Procedures for Specific Learning Disabilities
31
Overview
32
Special Education Eligibility Considerations
33
Chapter 6: Individualized Education Programs (IEPs)
35
What Is an IEP?
36
Who Is on the IEP Team?
36
IEP Timelines to Remember
37
What Does an IEP Include?
37
Specifics about IEP Components
38
Other IEP Considerations
42
IEP for an English Learner
46
Additional Requirements for Students Who Have a Disability on the
Autism Spectrum
48
Parent Tips
49
What You Need to Know about Excusal from IEP Attendance
50
Changes to the IEP Without a Meeting
51
Revocation of Consent
52
Parent Participation in Meetings Advisory
54
iii
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Table of Contents
Chapter 7: Least Restrictive Environment (LRE)
56
Where Should Students Be Educated?
57
What Do Some Placement Options Look Like?
58
The Placement Continuum Chart
60
What Is the General Education Environment?
64
Chapter 8: Secondary Transition
64
What Is Transition and What Does It Do for Students with Disabilities?
65
What Are Transition Services?
66
What Are the Basic Components of the Transition Plan?
69
What Is the Transfer of Parental Rights All About?
73
Resources
73
Chapter 9: Behavioral Interventions
75
Functional Behavioral Assessment (FBA)
76
Behavioral Intervention Plan (BIP)
77
Physical Restraint and Time Out
78
Chapter 10: Student Discipline
79
School Safety
80
Manifestation Determination Review (MDR)
80
Removal from Current Placement for Certain Conduct
81
Protections for Certain Students Who Are Not Eligible for Special Education
82
Expedited Due Process Hearings
83
Physical Restraint and Time Out
85
Chapter 11: Conflict Resolution
86
Introduction to Conflict Resolution
87
Key Terms
87
When a Disagreement Occurs: First Steps
89
All About Mediation
93
Formal Dispute Resolution
96
All About State Complaints
97
Formal Disputes: Due Process Hearings
100
Why Should I File for Due Process?
101
Can a District File for Due Process Too?
103
Do I Need to Hire a Lawyer or an Advocate?
103
How Do Parents Request a Due Process Hearing?
104
Stay Put: How a Hearing Request Affects the Child’s Placement
105
A Note About Hearing Officers and Substitutions
106
Next Steps: Responses and Insufficiency
106
The Resolution Process
107
iv
Illinois State Board of Education, August 2020
Table of Contents
Resolution Agreements
109
Setting the Stage: The Pre-Hearing Conference
110
The Big Event: The Due Process Hearing
112
The Decision and Clarification: The Final Step?
113
Court Review of the Decision
114
Conclusion: Conflict Resolution in a Nutshell
115
Chapter 12: Private Schools
116
Overview of Private School Placements
117
Placement by a Parent on a Voluntary Basis
117
Placement by a Public School District
120
Nonpublic Facility Discipline Procedures
121
Chapter 13: School Records
124
Reviewing and Copying Records
125
Challenging Your Child’s Records
125
Age of Majority
126
Medicaid and Insurance: Parent Consent/Student Records
126
Chapter 14: Early Childhood Services
128
Early Childhood Special Education Services
129
Transition from Early Intervention
130
Individualized Family Service Plans (IFSPs) and IEPs
132
Chapter 15: Section 504 of the Rehabilitation Act of 1973
133
Overview
134
How to File a 504 Complaint
135
The Five Common Myths about 504 Plans
136
Chapter 16:
The Advisory Council on the Education of Children with Disabilities (ISAC)
139
Appendix A: Sample Letters for Parents
142
1. Writing to Discuss a Problem
143
2. Requesting an Initial Evaluation for Special Education Services
145
3. Requesting an Independent Educational Evaluation (IEE) at Public
Expense
147
4. Requesting Your Child’s Records
149
5. Requesting a Meeting to Review the IEP
151
6. Requesting a Change of Placement
153
7. Requesting Prior Written Notice
155
8. Requesting Mediation
157
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Table of Contents
9. Informing the School That You Intend to Enroll Your Child in a Private
School at Public Expense
159
10. Requesting a Due Process Hearing
161
11. Filing a Complaint with the Illinois State Board of Education
163
12. Writing a Follow-up Letter
165
13. Writing a Positive Feedback Letter
167
14. Revocation of Consent for Special Education
169
Appendix B: Quick Reference Charts
171
Referral and Evaluation
172
Eligibility Categories
176
Additional Procedures for Specific Learning Disabilities
177
Individualized Education Programs (IEPs)
178
Other IEP Considerations
183
Least Restrictive Environment (LRE)
187
Secondary Transition
188
Behavior
191
Student Discipline
192
School Records
195
Early Childhood Services
197
Appendix C: Glossary of Key Terms
198
Appendix D: Sample Forms
219
Dynamic Learning Maps Alternate Assessment Participation Guidance
220
Dynamic Learning Maps Participation Guidelines
221
Delegation of Rights to Make Educational Decisions
222
Parental Request for an Impartial Due Process Hearing
223
Illinois State Board of Education, August 2020
Introduction
Introduction: How to Use This Guide
This guide was written for parents of children who receive or may need special
education and related services, teachers, education administrators, service
providers, and other education professionals. Special education and related
services are supports and services provided to children with disabilities. Certain
procedures must be followed to determine if a child is eligible to receive special
education services, and those procedures are written in federal and state laws.
Special education laws and procedures can be complicated. This guide explains
the legal requirements in a way that relates to all groups—parents, school
professionals, and others.
This guide contains a wide variety of information about special education. Some
information may be relevant to you now, and other information might be helpful
in the future. Whenever you refer to this guide, we hope you will be able to expand
your knowledge of special education. As your knowledge increases, your ability
to make decisions that improve your child’s academic outcomes will be
strengthened.
In addition to the main text, we have provided sidebars throughout the guide to
provide you with important information and other resources. The sidebars are
color-coded for specific types of information:
A green sidebar will contain additional information
and resources for you to review if you are interested
in learning more about a topic.
A blue sidebar will contain tips and suggestions
primarily for parents; however, the information
contained here can be useful to everyone.
1
Worth a Look
The main legal provisions
that address Child Find are
20 USC Sec. 1412(a)(3)
34 CFR Sec. 300.111
23 IAC 226.100
Tips for Parents
Do not forget to write a
letter to request an
evaluation. Asking for one is
not enough!
Educational Rights and Responsibilities: Understanding Special Education in Illinois
A red sidebar will contain important information that
must be kept in mind when thinking about the topic.
This is information that both parents and school and
district staff need to remember.
As you learn more about special education and talk to other parents, teachers, and
school administrators, the whole process becomes easier and less overwhelming.
The guide contains a set of quick reference topic charts. A number of sections of
this book have a corresponding chart in Appendix B. The charts are formatted as
outlined below.
Topic (Lists the main
topic.)
Citations
Lists the citation in federal and/or state law:
34 CFR 300 - Means you can find it in the federal regulations.
23 IAC 226 - Means you can find it in the state regulations.
20 USC 14 - Means you can find it in IDEA (federal law)
105 ILCS - Means you can find it in the Illinois School Code (state
law)
What Does It Mean?
Plain language wording about the law
What Needs to
Happen?
A description of the event or events that should occur because of
the law
What Parents Need to
Know or Do
Explains what the school or the Individualized Education Program
(IEP) team should do and contains ideas and tips for parents
Finally, Appendix C is a glossary of key terms with their definitions and common
acronyms. Refer to Appendix C whenever you run across a special term or phrase
that you need to know about in more detail.
Please keep in mind that the beginning of anything new is always the most difficult
time. We believe that this guide will help you to begin understanding this sometimes
very complicated process.
Please note the contents of the educational rights guide are not to serve, and should
not be construed, as legal advice from the Illinois State Board of Education. If you
have specific concerns regarding your particular situation, you should consult with
legal or other resources as appropriate.
2
Important Reminder
The determination of
eligibility shall be made and
the IEP shall be completed in
60 school days (or less)
following the date of written
consent from the parent.
3
Chapter 1:
Child Find
In this chapter you will -
• learn the definition of Child Find
• understand that screening is different from evaluation
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Overview
Overview
Child Find is an ongoing process through which all
children, from birth through age 21 (i.e., through the day
before the student’s 22
nd
birthday), who may need special
education services or who may be eligible for early
intervention, are identified, located, and evaluated.
Each school district is responsible for actively locating,
identifying, and evaluating all children who live within the
district boundaries who may qualify to receive special
education and/or related services. All school districts must
have written procedures for Child Find activities for all
schoolchildren, including those attending private, charter,
and religiously affiliated schools. These procedures should
describe the following activities:
» annual screening of children under the age of five to
identify those who may need early intervention or
special education services
» ongoing review of all children in general education
classes
» ongoing coordination with early intervention
programs like Child and Family Connections, Head
Start, local preschools, and daycare facilities
» coordination and consultation with nonpublic
schools located within the district
» referrals of children who might require evaluation
for special education from parents, school staff, and
representatives from community agencies.
Screening
Screening is the process of reviewing all children in a
given group with a set of criteria for the purpose of
identifying certain individuals for evaluations who may be
in need of special education. One purpose of screening is
to locate children, birth through age 21 (i.e., through the
day before the student’s 22
nd
birthday), who may benefit
from special education services to maintain satisfactory
educational performance. No child can be determined
4
Worth a Look
The main legal provisions
that address Child Find are:
20 USC Sec. 1412(a)(3)
34 CFR Sec. 300.111
23 IAC 226.100
Illinois State Board of Education, August 2020
Chapter 1: Child Find
eligible to receive early intervention/special education and
related services based only on the results of a screening
procedure.
Screening is different from evaluation. Screening
generally means reviewing all children in a given group (all
kindergartners, all students who are new to the school
district, all 3-year-old children in the community, etc.). It is
not specific to an individual child except when it is used by
a school district to determine whether a child that has been
referred for evaluation is in need of evaluation. All children
in the group are generally screened through the same
review process. Screening does not involve the
administration of assessment instruments that would be
used in an evaluation. The district must inform the public
of the process for conducting group screenings through
school handbooks, newsletters, Child Find activities,
letters, or similar methods. Written parent/guardian
permission is not typically required for this type of
screening, although some districts will ask for parental
permission. Screening results should be shared with the
parents/guardians. Screenings are done to determine
which students are in need of an evaluation. Evaluations
are done to determine if a child has a disability and requires
special education services.
Special education instruction and related services are
available for children with special needs from birth through
age 21 (i.e., through the day before the student’s 22
nd
birthday) who meet specific criteria.
Special needs may be in the areas of -
» vision
» hearing
» health
» behavior
or involve skills in -
» fine or gross motor
» speech/language
» cognitive processing or learning
5
Tips for Parents
Here are some suggestions
for how you can best make
use of the screening process
for your child:
• Ask your child’s daycare or
preschool teachers if they
have concerns about your
child.
• Ask your child’s doctor if
he or she has any concerns
about your child.
• Consider the observations
of friends and family who
may have worries about
your child.
• Call your local school
principal or local school
district office and ask
about having your child
attend a school’s Child
Find screening.
• Bring any papers from
teachers, doctors, or
others to the Child Find
screening.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Screening
» social and emotional
» adaptive or self-help
It is important to locate children with disabilities at a young
age so that early help and support can be provided. Studies
show that students learn and develop more successfully
when they receive help early in their lives.
Screening and evaluation, as appropriate, are available at
no cost to the family.
Child Find and English Learners
When your child has a limited English proficiency and
you believe that your child also has a disability,
sometimes school districts refuse evaluations for special
education services for English learners. The rationale they
provide is that they will conduct an evaluation only after
your child achieves fluency in English. This approach is
not allowed by current regulations. When a child is
suspected of having a disability an evaluation must not be
delayed because a child is an English learner. As stated
before in this chapter, it is important to locate children
with disabilities at a young age regardless of their
proficiency in English.
With English learners, sometimes the opposite is true, and
a child is referred for special education services only
because that child cannot speak fluent English. It is
especially common in relation to children who speak a
language other than English at home and therefore cannot
pronounce certain phonemes (sounds such as th) in
English or cannot learn how to read, write, and access
academic content in English as fast as their English-
speaking peers. Remember that not speaking English is
NOT a disability. Not speaking English or not speaking
fluent English cannot be a determinant factor in providing
special education services. If your child does not have a
disability, English language supports should be provided
to your child through bilingual education and not through
special education.
Worth a Look
A letter issued by U.S.
Department of Justice, Civil
Rights Division, and U.S.
Department of Education,
Office of Civil Rights, stated
that some school districts
have a formal or informal
policy of “no dual services”
allowing students to receive
either EL services or special
education services but not
both. Other districts may be
delaying evaluations of EL
students due to their limited
proficiency in English. Based
on the federal laws, these
policies are not allowed.
Dear Colleague Letter January 7,
2015
6
Important Reminder
Please share this information
with your relatives, friends,
and neighbors. It is
important that parents of
young children are aware of
the availability of services
before school enrollment.
age.
Illinois State Board of Education, August 2020
Educational Rights and Responsibilities: Understanding Special Education in Illinois
7
Chapter 2:
Multi-Tiered System of
Supports (MTSS)
In this chapter you will -
• learn the three parts of the MTSS process
• learn about progress monitoring and data collection
• understand the role of parents in the process
• learn that parents can request a special education
evaluation at any point in the intervention process
Illinois State Board of Education, August 2020
What is MTSS?
What is MTSS?
A Multi-Tiered System of Supports (MTSS) is a framework
schools use to ensure all students have the supports they
need to be successful. Through MTSS, school teams
identify students in need of additional academic,
social/emotional, or behavioral support, as well as
students who may need special education through a
school-wide screening process.
Under MTSS, students receive support in the form of
interventions. An intervention is a specific type of
instruction or guidance that is used to help with a
particular type of problem. A teacher will intervene with a
solution in the form of an activity, academic programming,
or a strategy that is matched to a student’s needs. Student
progress is monitored often to check the effectiveness of the
intervention. The data collected on a student’s progress is
used to shape instruction or identify specific
aids/strategies to help the student reach desired
outcomes. Use of an MTSS process can help avoid a “wait
to fail” situation because students get help promptly
within the general education environment.
MTSS has three important parts: a three-tiered model of
school supports, a problem-solving method for decision-
making, and the use of data to inform interventions.
One of the most common uses of MTSS, however, is to
figure out why a student is not doing well in school and
what program or strategy would help the student to
succeed.
Three-Tiered Model of School Supports
In an MTSS framework, resources are determined by a
student’s needs. This framework is usually shown as a
three-tiered model (see Figure 1) that uses more and more
intense instruction and interventions. The level of intensity
of instruction and interventions is determined by how a
student responds to the instruction.
As the diagram on page 10 shows, Tier 1 is the foundation.
8
Worth a Look
MTSS has a broader scope than
the Response to Intervention
(RTI) framework. RTI focuses
on how children respond to
interventions, while the MTSS
framework includes academic,
social and emotional, and
behavioral supports. For more
information about MTSS, visit
https://ilmtss.net/online-
learning/online-learning-
overview/profile/family-
series-1
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 2: MTSS
This is the instruction that all students receive in the
general education classroom with their general education
teacher. It is called Tier 1 instruction or core instruction.
Schools need to make sure that the materials and
instructional practices they use are of high quality and
have been shown by evidence to be effective. Evidence-
based interventions are teaching strategies or methods
that have been proven to be effective in helping children
learn. Another important issue related to high quality
instruction and interventions is the practice of using the
materials faithfully for their intended purpose.
Instructional materials are designed and developed for a
specific reason, and it is important that the materials are
used as they are intended.
Schools use a universal or school-wide screening to
identify students who are at risk for learning problems
with core instruction and materials. When a screening test
shows that a student is at risk for a learning problem, the
student may receive extra help in the general education
classroom with the general education teacher. The school
begins a step-by-step teaching process and uses frequent
assessments to collect data to determine if the teaching
techniques are helping the student. If, after a brief period
of time, the student does not show enough progress, the
teacher will consult with other staff members at the school.
Together the team might decide that the best way to help a
student who has not progressed in the core instruction,
even with extra help, is to use Tier 2 interventions.
Tier 2 interventions are provided with an increased level of
intensity in addition to core instruction for small groups of
students who show some risk of not meeting grade level
standards. With fewer students in a group, an individual
student has more opportunities to respond, and the
teacher has more opportunities to give immediate and
appropriate feedback to each student. The teacher can more
easily guide a student along the right course. Tier 2
interventions usually involve additional practice and skill
building. There are many different kinds of interventions
and instruction that can happen in the classroom, outside
the classroom, or in small groups.
9
Illinois State Board of Education, August 2020
10
10
Three-Tiered Model of School Supports
Academic Systems
Behavioral Systems
Tier 3: Individual Students/
Very Small Group
Assessment-based
High Intensity
Tier 3: Individual Students/
Very Small Group
Assessment-based
Intense, Durable Procedures
Tier 2: Some Students (at-risk)
High Efficiency
Rapid Response
Small Group Interventions
Some Individualization
Tier 2: Some Students (at-risk)
High Efficiency
Rapid Response
Small Group Interventions
Some Individualization
Tier 1: All Students
All Settings
Preventive
Proactive
Promotional
Tier 1: All Students
All Settings
Preventive
Proactive
Promotional
Continuum of School-wide Instructional and
Positive Behavioral Support
Illinois Statewide Technical Assistance Center (ISTAC)
10
What is MTSS?
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 2: MTSS
Tier 3 interventions are an even higher level of intensity
than Tier 2 interventions and are also provided in addition
to core instruction. Tier 3 interventions are typically
provided to an individual student or perhaps two to three
students at one time by a staff member. Interventions are
tailored specifically to meet the needs of each student.
Students may move fluidly from tier to tier as a result of
their response to their interventions.
The Problem-Solving Method of Decision-Making
It is important to note that the decisions school staff make
about a student’s interventions are based on a standard
problem-solving model which involves the following
steps:
Define the
problem
Analyze the
problem
Monitor progress
Develop and
implement a plan
The Steps of Problem Solving
Adapted from Response to Intervention: Policy Considerations and Implementation (Batsche, et
al. 2005).
» Define the problem: Determine the gap or
difference between what the student is expected to
do and what the student is actually doing.
» Analyze the problem: Use information collected
from a variety of sources, such as school work, tests,
parents’ input, etc. to determine why the student
may be having problems with learning.
11
Illinois State Board of Education, August 2020
What is MTSS?
» Develop and implement a plan:
• Set a goal that describes the expected
improvement in the student’s learning.
• Choose the intervention(s) specific to the
problem.
• Identify how the student’s progress will be
monitored. Carry out the interventions and check
to make sure they are being done correctly.
» Monitor Progress: Collect and use student data to
determine if the intervention plan is working or if
changes are needed.
Use of Data to Inform Interventions
All the steps in the problem-solving process require
ongoing data collection and analysis. No decisions can be
made about the type, intensity, or the success of an
intervention without frequent monitoring of data to
indicate the specifics of the problem, the appropriate
interventions to be offered, and the outcomes of those
interventions.
In an MTSS model, test materials or other tools used to
collect data for screening should be in line with the
district’s instructional materials and practices. Progress
monitoring tests should be similar across all three tiers.
Additionally, all of the screening and progress monitoring
tools should be evidence-based. The information collected
from the screening and progress-monitoring materials are
used to help the team answer the following questions
about a student’s learning:
• Is the student making progress?
• Are the current interventions helping the student in
the identified problem area?
• Is the student making enough progress to close the
gap in the identified area?
• If the interventions are discontinued, will the
student continue to make progress? If not, can the
12
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 2: MTSS
current interventions be continued with general education
resources?
MTSS for Other Interventions
MTSS is also used to respond to other factors that may
impact a student’s ability to make anticipated academic
progress such as certain behaviors that can negatively
impact student success. MTSS has also been found to be a
useful way for schools to deal with a student who is absent
from school too often. Students who miss, on average, two
school days a month are on track to be identified as
chronically absent since chronic absenteeism in most
states, including Illinois, is defined as missing 10 percent
of school days for any reason.
All students in a school receive Tier 1 interventions about
behavioral expectations and attendance requirements
from their teachers through classroom guidance,
assemblies, school-wide supports and/or reward
systems, and any corresponding policy guides or
classroom notices. When behavior, attendance, or any
other problem arises that affects a student’s work at
school, MTSS is used to solve the problem.
A teacher may consult with other staff members to define
what a student’s problem is when the student appears to
be having trouble with behavior or is absent from school
too often. The problem will be analyzed through a review
of data related to the behavior or school attendance. Tier 2
interventions will be provided with goals that relate
specifically to the student’s difficulty meeting behavior or
attendance standards and will feature appropriate plans
to meet those goals.
Just as with most academic interventions, Tier 3
interventions will be provided on an individualized
basis. At Tier 3, inventions for behavior will most often
involve a Behavioral Intervention Plan (see Chapter 9).
Tier 3 interventions for chronic absences will involve a
high degree of interaction between school staff and the
family to find a solution with lasting benefit for the
student.
Worth a Look
Public Act 100-0156 was
signed into law in June 2017
and amended the Illinois
School Code with the
addition of 105 ILCS 5/26-
18 which defines chronic
absence and mandates that
schools provide supports to
chronically absent students
and their families through
MTSS.
13
Illinois State Board of Education, August 2020
The Role of Parents in an MTSS Process
Parents are important partners in all aspects of their child’s
education. In an MTSS process, school teams are expected
to involve parents from the beginning. Concerns about a
student experiencing academic, attendance, and/or
behavioral difficulties are presented by the child’s teacher
to a building-level team. The building team consists of
school staff who review available student information and
collect additional information from the parents to gain a
better understanding of the student’s needs. As the process
continues, parents should be active members of the team
and participate in the problem-solving process.
If your child is identified as being at risk for learning,
behavioral, or attendance difficulties, to be involved you
can -
» Attend team meetings. Remember, you are the ex-
pert regarding your child!
» Ask what interventions are being used for academic,
attendance, and/or behavioral problems.
» When possible, use the same strategies or
interventions at home.
» Ask the school what formal guidelines they are
using for progress monitoring.
» Ask your school to provide you with regular
progress monitoring reports.
» Praise your child for any progress or general
improvement in the area(s) of concern When
possible, make suggestions for strategies or
interventions based on what you know works well
at home.
» Always ask questions when things are not clear!
14
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Resources
It is also important to note that if you believe that your
child is in need of special education services, you have the
legal right to ask that the school evaluate your child to
determine whether he or she is eligible to receive special
education services. You can ask the school to evaluate
your child at any time, regardless of where your child is
at in the MTSS process.
English Learners in MTSS
If your child is an English learner who struggles
academically, sometimes it is difficult to distinguish
language acquisition from a disability. When in doubt, it
would be prudent to inquire about the MTSS process. The
process should include consideration for cultural
differences and linguistic patterns present in your child’s
dominant language. The process should start with assessing
your child’s dominant language literacy skills, followed by
establishing similarities and differences between that
language and English. This knowledge should then be used
to design all three tiers of MTSS interventions.
Resources
ISBE supports MTSS development for schools and districts
through the Illinois MTSS Network. Please visit the
following sites:
https://ilmtss.net/
ilmtss.net/file/17/IL%20MTSSN%20Brochure.pdf
In addition, we also recommend the following items for
further information on MTSS.
MTSS: What You Need to Know at Understood.org
(Learning and Attention Issues)
https://www.understood.org/en/learning-attention-
issues/treatments-approaches/educational-
strategies/mtss-what-you-need-to-know
15
16
Chapter 3:
Referral and Evaluation
In this chapter you will -
• learn what “date of referral” means
• learn the timelines for the school to make a decision about
conducting an evaluation
• understand what areas or “domains” are assessed when an
evaluation is conducted
• learn how often the district must conduct a reevaluation
• get information on independent educational evaluations
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Definitions
Definitions
A “referral” in the context of special education services is
a process asking the school district to evaluate a student to
decide if the student qualifies to receive special education
services. A referral can be made either by the school
district (through a teacher or other school personnel
involved in the student’s education), by a parent or
guardian, a state agency, or a community service agency.
The referral is a required first step before an evaluation can
take place.
Parents need to submit a request for evaluation to have
their child considered eligible for special education
services. It is best if the parent puts the request in writing.
Not all referrals result in an evaluation being conducted.
Within 14 school days after receiving the written request,
the district will decide whether to evaluate the child or not.
If the district determines an evaluation is warranted, then
the district must provide the parents with the paperwork
to provide formal written consent.
If the district determines that the evaluation is not
necessary, it must notify the parent in writing of the
decision not to evaluate and the reasons for the decision.
The district must advise the parents of their right to re-
quest a due process hearing to challenge its decision.
To be eligible to receive special education services, the child
must have a disability that impacts educational
performance. Please see Chapter 4, “Eligibility Categories,”
for further information.
The evaluation may commence following the receipt of
written parental consent to complete the needed evaluations.
Screening procedures shall not be considered an evaluation.
17
Tips for Parents
Don’t forget to put the
request for evaluation in
writing, either via a letter
or email. Asking for one is
not enough!
Keep a copy of the letter. If
possible, it is best to have
someone at the school sign
and date it to indicate they
the school received the letter
or send it certified mail with a
return receipt requested. If
the request for evaluation is
made via email, request an
acknowledgement of receipt
from the school.
Illinois State Board of Education, August 2020
Illinois State Board of Education, March 2020
18
Initial Eligibility: Step by Step
Step 1: Request for Evaluation
A request for an evaluation is made by the parent to determine the
child’s eligibility for special education.
14 school days
Step 2: Decision to Proceed
At this stage, the district meets with the parent to determine whether an evaluation
should proceed.
If yes, the district needs to determine what domains will be evaluated and
request
the parent’s consent to do the evaluation.
Timeline does not start
until parent signs consent
Step 3: Consent to Evaluate
The evaluation cannot proceed until the parent has provided informed written consent for the district to begin
the evaluation. Timelines for completing the evaluation do not start until consent has been given by the parent.
Step 4: Evaluation
During a period of up to 60 school days,
district personnel can take the steps needed
to complete the evaluation. If any part of the
evaluation has been written in final form,
it may be shared with the parent.
60 school days
(Step 5 must occur
by the 60
th
day)
Step 5: Eligibility Conference and IEP
By the end of the 60th school day, the evaluation team must meet with the parent to decide if the child is eligible
for special education. If yes, an IEP team must then meet with the parent to develop
the IEP for the student.
Initial Placement does not occur until
parent signs consent for initial
provision of services.
Step 6: Consent for Placement
Before the special education services can begin, the parent must provide written informed consent to allow the
district to proceed with the placement. Placement may begin no sooner than 10 days after the parent consents,
unless the parent gives permission for it to start sooner.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
19
Parent Involvement in the Referral Process
Both state and federal laws and regulations governing the administration of educational
programs for students with disabilities have recognized the important role of parents in
the special education process. Parents and school personnel should establish a positive
relationship with shared goals and a common understanding of the child’s needs at home,
at school, and in the community. It is essential that parents and schools work
cooperatively together to improve student performance. Below you will find some tips to
help you with parent involvement.
Be an active participant in your child’s education:
» Inform yourself about what help is available in or through your child’s school.
» Talk to other parents, teachers, doctors, and community providers.
» Find resources like the Parent Training and Information Centers (PTIs), Parent
Mentors, ISBE, and Parent Advocacy Groups.
» Be prepared and able to talk about your child’s strengths and needs.
» Learn about your child’s legal rights.
» Request to participate in the meetings where information is reviewed to decide if
your child is eligible to receive special education services.
» Attend and be prepared to participate in IEP meetings. Parents are key decision
makers and equal members of IEP teams.
» Ask questions if you do not understand terms, language, or other things that
happen during meetings about your child.
» Call, email, or write a letter to request a meeting if you are worried about how your
child is doing at school.
In addition:
» Share letters, reports, or other materials that can help the school understand your
child and provide appropriate services to your child. This information could be
from teachers, doctors, or community service agencies. Be sure to keep a copy of
these items for your records.
» Start a file or log in which you write important dates and milestones of your child’s
learning. This will also be a good place to record the results of important
conversations and meetings you have had with teachers and others regarding your
child’s progress. A binder works great! You may also use the ISBE Student Record
Keeper which is available on the ISBE website.
Illinois State Board of Education, August 2020
20
Parent Involvement in the Referral Process
» Send emails or letters confirming important conversations regarding your child
and/or promises made with respect to what the school will or will not do.
» Always put in writing any important requests to the school, including requests for
an evaluation (as well as requests for IEP meetings and records).
» Keep a copy of all letters that you send.
» Whenever possible, send your correspondence by certified mail, return receipt
requested, to assure delivery of the letter, or hand carry the letter and request a
receipt.
» Keep printed copies of important email messages to or from the school.
» Keep all papers and letters from the school that you feel are important such as IEPs,
samples of your child’s work, and notices regarding the dates of meetings. Keep
these documents in your file.
» Develop an ongoing working relationship with those persons who are responsible
for providing services to your child. Get to know the names and responsibilities of
all those working with your child.
» Communicate positive information as well as concerns.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Evaluation and Reevaluation
Evaluation and Reevaluation
Evaluation is defined as the procedures used to determine
whether a child has a disability and the nature and extent
of the special education and related services that the child
needs.
The school district must assess the child in all areas of
suspected disability including:
» academic performance
» health
» vision
» hearing
» social and emotional status
» communication
» motor abilities
» general intelligence
» functional performance
» other areas as needed.
Public agencies are prohibited from using a measure or
assessment for purposes different from the purpose for
which the measure was designed.
Assessments are provided and administered in the child’s
native language or mode of communication to get accurate
information on what the child knows and can do.
The school district must use a variety of assessments, tools,
and strategies to conduct the evaluation.
When conducting an initial evaluation, a child must be
tested in all areas of suspected disability.
Data gathered from evaluations are used to assist in the
development of the IEP.
Assessments should be valid and reliable for their de-
signed purposes.
21
Important Reminder
Often these areas are called
“domains” for purposes of
the evaluation.
Illinois State Board of Education, August 2020
Chapter 3: Referral & Evaluation
Assessments must be administered by personnel who are
trained to do so.
Assessments and other evaluation materials used should
be administered -
• in a manner that is not discriminatory on a racial or
cultural basis and
• in the child’s native language or other mode of
communication.
The parent’s informed written consent must be obtained
before the evaluation can be conducted.
Information from parents should be included as part of the
evaluation.
Information should be collected through a variety of
approaches (observations, interviews, tests, curriculum-
based assessments, and so on) and from a variety of sources
(parents, teachers, specialists, peers, and the child).
Parents should be given a copy of the conference report
and recommendations.
Parents should be informed of their right to obtain an
independent educational evaluation (IEE) at district
expense if they disagree with the evaluation findings.
The evaluation should yield information on what the child
knows and can do academically, developmentally, and
functionally.
This applies when evaluating all children including those -
• for whom English is not the native language.
• who communicate by signing.
• who use alternative augmentative communication.
• who use other means to communicate.
Please note the following:
• IDEA prohibits basing eligibility determination or
special education programming upon the results of
Worth a Look
“Each district shall have a
plan for the use of a process
that determines how the
child responds to scientific,
research-based interventions
as part of the evaluation
procedure (for the
determination of a specific
learning disability) described
in 34 CFR 300.304,” [23 IAC
226.130(c)].
22
Educational Rights and Responsibilities: Understanding Special Education in Illinois
The Big Picture: Reevaluations
Independent Educational Evaluation (IEE)
only one test, measure, or assessment procedure. A
variety of tools must be used.
• As a parent, you will provide written consent before
any evaluation occurs.
• Think about what the child knows and can do.
Examine how the child learns and demonstrates
knowledge.
• It is not enough to conduct a thorough examination of
what a child cannot do when making decisions about
educational programming.
Independent Educational Evaluation (IEE)
Sometimes parents may have a reason to believe that the
evaluation does not provide an accurate picture of their
child’s abilities/areas of needs. In those cases, parents can
request in writing that a new evaluation be completed by
an outside person or agency (someone not employed by the
district) at the district’s expense. The district is free to agree
to the evaluation or to deny the request. If the district
denies the request, it is required to initiate a due process
hearing within 5 days of the written parent request in order to
allow a due process hearing officer to decide whether the
independent evaluation should occur. (See Chapter 11 for
more information on due process hearings.) If the final
decision is that the evaluation was appropriate, parents still
have a right to an independent educational evaluation, but
not at public expense.
23
Important Reminder
The determination of
eligibility shall be made and
the IEP shall be completed in
60 school days (or less)
following the date of written
consent from the parent.
Illinois State Board of Education, August 2020
Referral and Evaluation of English Learners
Referral and Evaluation of English Learners
If your child is an English learner suspected of having a
disability, your child should be evaluated in his or her
dominant language, in a way that is nondiscriminatory
and respectful to your child’s culture. Your child’s status
as an English learner and your child’s proficiency in
English must not delay evaluation for special education
services.
Your child’s evaluation should include the following:
• Documents from your child’s country of origin
(when applicable and available) translated into
English
• Observations in different environments
• Extensive interview with you and possibly other
family members to establish your child’s health
history, milestones in his or her dominant language,
and functioning when compared to siblings, other
relatives, and peers from the same culture and with
a similar linguistic background.
If you and other family members involved with this
process do not speak fluent English, all communication
should be conducted with a qualified interpreter
provided by the school district.
Furthermore, evaluators should -
• Use instruments appropriate for assessment of
performance in your child’s dominant language.
• Consider your child’s progress in bilingual
education and in classes with bilingual/ESL
support.
• Determine other data needs.
• Avoid reporting scores if norms were not
appropriate for English learners.
• Include representatives with expertise in
bilingual education.
24
Educational Rights and Responsibilities: Understanding Special Education in Illinois
25
Chapter 4:
Eligibility Categories
In this chapter you will -
• learn the different special education categories
Illinois State Board of Education, March 2020
Disability Category Definitions
IDEA lists different disability categories under which
children may be eligible for services. For a child to be
eligible for services, the disability must adversely affect the
child’s educational performance and necessitate specially
designed instruction and/or related services in order for
the student to make progress in the general education
curriculum. Students may qualify for services under one or
more categories. These categories do not tell the whole
story of the student. Categories alone do not identify where
the student will go to school or determine what kind of
services he or she needs.
A child may not be identified as a “child with a disability”
just because he or she speaks a language other than English
and does not speak or understand English well. A child
also may not be identified as having a disability just
because he or she has not had enough instruction in math
or reading.
Disability Category Definitions
Unless otherwise stated in the definitions below, the
following 14 special education eligibility categories are
found at 34 CFR 300.8(c).
Autism Spectrum Disorder
Autism spectrum disorder (ASD) means a developmental
disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident
before age three, that adversely affects a child’s educational
performance. Other characteristics often associated with
ASD are engagement in repetitive activities and stereotyped
movements, resistance to environmental change or change in
daily routines, and unusual responses to sensory
experiences. ASD does not apply if a child’s educational
performance is adversely affected primarily because the
child has an emotional disability. ASD includes autistic
disorder, childhood disintegrative disorder, pervasive
developmental disorder not otherwise specified (PDD-
NOS), and the diagnosis previously identified as Asperger
syndrome.
26
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 4: Eligibility Categories
Deaf-blindness
Deaf-blindness means simultaneous hearing and visual
impairments, the combination of which causes such severe
communication and other developmental and educational
needs that students with these combined impairments
cannot be accommodated in special education programs
solely for children with deafness or children with
blindness.
Deafness
Deafness means a hearing impairment that is so severe that
the child is impaired in processing linguistic information
through hearing, with or without amplification, which
adversely affects a child’s educational performance.
Developmental Delay
Developmental delay means a significant delay in physical
development, intellectual development, communication
development, social or emotional development, or adaptive
development (may include children from three through
nine years of age), per 23 IAC 226.75.
Emotional Disability
An emotional disability means a condition exhibiting one
or more of the following characteristics over a long period
of time and to a degree that adversely affects a child’s
educational performance:
• An inability to learn that cannot be explained by
intellectual, sensory, or health factors
• An inability to build or maintain satisfactory interpersonal
relationships with peers and teachers
• Inappropriate types of behavior or feelings under normal
circumstances
27
Illinois State Board of Education, August 2020
Chapter 4: Eligibility Categories
• A general pervasive mood of unhappiness or
depression
• A tendency to develop physical symptoms or fears
associated with personal or school problems
• Emotional disability includes schizophrenia
Emotional disability does not apply to children who are
socially maladjusted unless it is determined that they
have an emotional disability also.
Hearing Impairment
A hearing impairment is one that is either permanent or
fluctuating and that adversely affects a child’s educational
performance but that is not included under the definition
of deafness.
Intellectual disability means significantly below average
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period that adversely affects a child’s
educational performance.
__________________________________________________
Multiple Disabilities
Multiple disabilities is a term that means a combination of
various impairments that cause such severe educational
needs that they cannot be accommodated in special
education programs solely for one of the impairments.
Multiple disabilities do not include deaf-blindness.
Orthopedic Impairment
An orthopedic impairment means a severe orthopedic
impairment that adversely affects a child’s educational
performance. The term includes impairments caused by a
congenital anomaly, disease (e.g., poliomyelitis, bone
Worth a Look
ISBE had previously used the
term cognitive disability over
mental retardation. On July
11, 2017, Congress passed
Rosa’s Law (Public Law 111-
256) which amended multiple
laws, including the IDEA, by
striking ‘mental retardation’
and replacing the terminology
with ‘intellectual disability.’
Intellectual Disability
28
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 4: Eligibility Categories
tuberculosis), and impairments from other causes
(e.g., cerebral palsy, amputations, and fractures
or burns that cause contractures).
Other Health Impairment
Other health impairment means having limited strength,
vitality, or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness with
respect to the educational environment, that -
• is due to chronic or acute health problems such as
asthma, attention deficit disorder or attention deficit
hyperactivity disorder, diabetes, epilepsy, a heart
condition, hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia, and
Tourette syndrome, and
• adversely affects a child’s educational performance.
Specific Learning Disability
Specific learning disability means a disorder in one or more
of the basic psychological processes involved in
understanding or in using language, spoken or written, that
may manifest itself in the imperfect ability to listen, think,
speak, read, write, spell, or to do mathematical
calculations, including conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
Speech or Language Impairment
Speech or language impairment means a communication
disorder, such as stuttering, impaired articulation, a
language impairment, or a voice impairment, that adversely
affects a child’s educational performance.
29
Important Reminder
Specific learning disability
does not include learning
problems that are primarily
the result of visual, hearing,
or motor disabilities;
intellectual disability;
emotional disability; or
environmental, cultural, or
economic disadvantage.
Illinois State Board of Education, August 2020
Disability Category Definitions
Traumatic Brain Injury
Traumatic brain injury means an acquired injury to the
brain caused by an external physical force, resulting in
total or partial functional disability or psychosocial
impairment, or both, that adversely affects a child’s
educational performance. Traumatic brain injury applies
to open or closed head injuries resulting in impairments in
one or more areas, such as cognition; language; memory;
attention; reasoning; abstract thinking; judgment; problem-
solving; sensory, perceptual, and motor abilities;
psychosocial behavior; physical functions; information
processing; and speech. Traumatic brain injury does not
apply to brain injuries that are congenital or degenerative,
or to brain injuries induced by birth trauma.
Visual Impairment
Visual impairment includes any type of sight problem
which, even with glasses or contacts, adversely affects
school performance. Children with visual impairments
can be further described as partially sighted or blind, based
on the degree of visual impairment and their educational
needs.
While the above represent the definitions of the fourteen
special education categories, school districts may
develop criteria for each category. After determining that
a student has a disability, the evaluation team also
determines if the disability adversely affects educational
performance, and if specialized instruction is required to
address the child’s deficit areas. Only when the team has
identified the disability, the adverse effect, and the need
for specialized instruction, will the child be found eligible
for special education.
30
Educational Rights and Responsibilities: Understanding Special Education in Illinois
31
Chapter 5:
Additional Procedures for
Specific Learning Disabilities
In this chapter you will -
• learn the criteria required to determine whether a child has
a specific learning disability
• learn how all Illinois districts may use response to
scientific, research-based interventions or a multi-tiered
system of supports as part of the special education
evaluation process to determine if a student is eligible
for services due to a specific learning disability
Illinois State Board of Education, August 2020
Chapter 5: Additional Procedures for Specific Learning Disabilities
Overview
IDEA 2004 expanded the specific learning disability (SLD)
determination to require states to adopt criteria that -
• do not require the use of a severe discrepancy
between intellectual ability and achievement in
determining whether a child has a specific learning
disability
• must permit school districts to use an educational
process based on the child’s response to scientific,
research-based instructional interventions
• may permit the use of other alternative evidence-
based procedures for determining whether a child
has a specific learning disability.
Schools in Illinois are required to implement the use of a
process that determines how the child responds to
evidence-based interventions as part of the evaluation
procedure.
SLD may manifest itself in:
» listening comprehension
» oral expression
» word reading
» reading fluency
» reading comprehension
» written expression
» mathematics problem-solving or calculations
SLD can include dyslexia. Dyslexia is a reading or language-
based learning disability that makes it difficult to read, write,
and/or spell. Young children may have trouble with the
following:
32
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 5: Additional Procedures for Specific Learning Disabilities
• recognizing letters
• matching letters to sounds
• blending sounds into speech
• pronouncing words (for example, saying
“mawn lower” instead of “lawn mower”)
• learning and correctly using new vocabulary
words
• learning the alphabet, numbers, and days of the
week or similar common work sequences
• rhyming
SLD does not include learning problems that are
primarily the result of -
» visual, hearing, or motor disabilities
» intellectual disability
» emotional disturbance
» environmental, cultural, or economic
disadvantage
IEP teams cannot determine that a child has an SLD
if the child’s learning problems primarily result from -
» lack of appropriate instruction in reading
» lack of appropriate instruction in math
» limited English proficiency
Special Education Eligibility Considerations
Within a scientific, research-based intervention process,
such as MTSS or RTI, school teams are able to use student
progress monitoring data collected at each tier to
document a student’s response to interventions as part of
the special education evaluation process. Evaluation to
determine special education eligibility may occur at any
Worth a Look
ISBE’s Department of
Special Education Services
published a specific
resource, The Dyslexia
Guide: A Handbook for
Parents, Educators, and
Students in July of 2019 at
https://www.isbe.net/Doc
uments/Dyslexia-
Handbook.pdf
33
Illinois State Board of Education, August 2020
Special Education Eligibility Considerations
tier, although it typically occurs within Tier 3 when a
student either -
• Does not respond to the most intensive interventions
or
• Responds to the interventions but is not able to
maintain his or her performance if the intensity level
is decreased or the interventions are faded.
It is also important to note that a parent may request a
special education evaluation at any point during the
intervention process. The use of the MTSS/RTI process
cannot delay the evaluation, if one is needed. The district
must fully consider the parents’ request and decide
whether or not to conduct the evaluation. The district
must then notify the parents in writing of its decision and
the reasons for that decision.
State special education regulations require school
districts to use an MTSS/RTI process as part of the
special education evaluation process when a specific
learning disability (SLD) is suspected. After using an
MTSS/RTI process for this purpose, a district may also,
but is not required to, use a severe discrepancy between
intellectual ability and achievement as part of the
evaluation process for determining whether a child has
an SLD. However, they are not able to use severe
discrepancy alone to determine eligibility.
ISBE recognizes that some districts are currently further
along in the implementation of MTSS/RTI and may have
already implemented this process. Additionally, the
MTSS/RTI process may be used as part of the evaluation
process for students considered for eligibility in other
disability areas.
34
Worth a Look
The procedures for
addressing eligibility under
the category of SLD can be
found at 23 IAC 226.130.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
35
Chapter 6:
Individualized Education
Programs (IEPs)
In this chapter you will -
• learn the parts of an IEP
• learn who is on an IEP team
• discover tips and things to remember when working on the
IEP
• understand the additional requirements the team must con-
sider when writing an IEP for a student who has an autism
spectrum disorder
• learn that changes can be made to an IEP without a meeting
• know what “prior written notice” is and learn when schools
are required to provide it
• learn what happens if a parent revokes consent to provide
special education to a student
Illinois State Board of Education, August 2020
What is an IEP?
What Is an IEP?
Once it is determined that a student meets the criteria to
receive special education and related services, an
Individualized Education Program (IEP) will be developed.
An IEP is a written statement of the educational program
designed to meet the student’s needs and is developed by
a team. The IEP includes a detailed description of what will
be done to give the student the extra help needed. The IEP
will change based on the student’s needs as it is like a road
map showing where the student is and where he or she is
going.
Who Is on the IEP Team?
The following individuals are required to attend all IEP
meetings:
• Parents – Parents or guardians are required participants.
• Student – The student may attend and participate if the
parent decides he or she should be present. A student
who has reached 14½ must be invited to the IEP
meeting when transition is discussed.
• General Education Teacher - The IEP team must
include a general education teacher who has knowledge
of the curriculum and the provided interventions and
may be responsible for implementing the IEP if the
child is or may be participating in the general education
environment.
• Special Education Teacher - There must be a special
education teacher on the IEP team who is familiar with
the provided interventions and responsible for
implementing the IEP.
• Local Educational Agency (LEA) - This person must
know about the general education curriculum, be able
to ensure that the IEP is implemented, and have the
authority to commit resources.
• Evaluation Personnel - When evaluation information
will be discussed at the IEP meeting, there must be
someone present who can explain evaluation and/or
test results.
36
Important Reminder
Required members may be
excused from part or all of
the meeting only if you and
the school agree in writing. If
you agree to excuse a
member when the meeting
involves discussing that
member’s area of knowledge,
that member must give
written input to you and the
team for the meeting.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 6: Individualized Education Programs (IEPs)
• Others with knowledge or special expertise about
the student - The parents or the school may bring
other people to the IEP meeting such as community
service providers, advocates, lawyers, a friend for
support, etc. The law says these people must have some
knowledge of or special expertise regarding your
child. The determination of whether the person has
special knowledge must be made by the party who
invited the individual to participate in the meeting.
IEP Timelines to Remember
• Both the eligibility and IEP meeting must occur within
60 school days following the date of parent/guardian
consent for completion of the needed assessments. The
meetings may occur separately as long as both are
completed within the 60-school day timeline. Parents
must receive a ten-day prior notice of an IEP meeting.
• At least three days before either an eligibility or an IEP
meeting, parents must be given copies of all the
written materials that will be reviewed at either
meeting by mail, in-person, or other available method.
This includes evaluation results, collected data, all IEP
documents, etc. Parents may request to review logs
regarding the delivery and minutes of related services
provided to their child at any time.
• The IEP must be reviewed at least once a year;
however, an IEP meeting can be convened at any time
to discuss changes or revisions.
• Parents must be informed of their child’s progress on
IEP goals at least as often as parents of
nondisabled children.
What Does an IEP Include?
• Present levels of academic achievement and functional
performance
• Annual goals
• Measurements of progress and how progress will be shared
Important Reminder
“Date of referral” means
the date of written
parental consent for
evaluations.
37
Worth a Look
105 ILCS 5/14-8.02f provides
that “beginning July 1, 2020 no
later than 3 school days prior
to a meeting to determine a
child’s eligibility for special
education and related services
or to review a child’s
individualized education
program, or as soon as
possible if an individualized
education program meeting is
scheduled within 3 school
days with the written consent
of the child’s parent or
guardian, the local education
agency must provide the
child’s parent or guardian
copies of all written material
that will be considered by the
individualized education
program team at the meeting
so that the parent or guardian
may participate in the meeting
as a fully-informed team
member.”
Illinois State Board of Education, August 2020
Specifics about IEP Components
• What special education and related services will be
provided -
▪ how often they will be provided (frequency)
▪ how long they will be provided (duration)
▪ where they will be provided (location)
▪ who will provide the services
• How the child will access the general education
curriculum
• The languages or modes of communication in which
special education and related services will be
provided, if other than or in addition to English
•
The accommodations/modifications and/or supports that will
be provided -
▪ in the classroom
▪ to and from school
▪ in the school building
▪ for school functions (field trips, sports,
playground, etc.)
•
Assessment information (which assessments will be
administered, any accommodations to the assessments)
•
A description of any assistive technology, including
training the student or staff may need
•
Special training or support that the student, the parent,
and school staff need in order to ensure the student is
provided a free appropriate public education (FAPE)
•
A discussion of whether the student needs additional
help and support when school is not in session, such as
with Extended School Year (ESY) services
•
Beginning when the child turns 14½, appropriate
transition services, including postsecondary services
and supports.
•
The placement of the child where the IEP will be
implemented. (For more information on the proper
factors to consider in the placement decision, please see
Chapter 7, “Least Restrictive Environment.”)
38
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 6: Individualized Education Programs (IEPs)
Specifics about IEP Components
Present Levels of Academic Achievement and
Functional Performance (PLAAFPs)
PLAAFPs describe how the student is doing in different
areas and how the student uses what he or she learned
throughout the day. This part of the IEP should describe
how the student’s disability affects his or her participation
in the general education curriculum and how the student
performs in academic and nonacademic settings.
Annual Goals
Annual goals are statements that identify what
knowledge, skills, and/or behaviors the student can
acquire within a school year. Data should form the basis for
instruction, and the goals should be written to allow access
to the general curriculum and other activities during or
after school. Goals must be measurable, identify who will
be responsible for working on them, and identify how
progress will be reported to parents.
Benchmarks and Short-term Objectives
Benchmarks and short-term objectives are the steps
toward meeting the annual goals. A short-term objective
is something that can be attained within a reporting or
grading period.
Progress Toward Goals
The IEP should include information about how the school
will measure the student’s progress and when reports to
the parents will be issued. The measurement should be
clear enough so that parents can understand whether their
child is being successful or not.
39
Illinois State Board of Education, August 2020
Specifics about IEP Components
Special Education and Related Services
These services and supports help the student advance
toward annual goals, make progress in the general
curriculum, participate in extracurricular and
nonacademic activities, be educated, and participate with
all children. The IEP should include any additional training
or support needed by the parents, educators, and
paraprofessionals.
Participation in the General Curriculum
The IEP must explain how the child’s disability affects
his/her participation in the general education setting and
other school activities. If a student is removed from any
part of the general curriculum, a statement explaining the
reasons why the removal is necessary must be part of the
IEP. Adaptations or modifications can be used to support
student success in the classroom.
Statewide Assessment
All children with disabilities must be part of state and
districtwide assessments with appropriate
accommodations, including English language proficiency,
where appropriate. The IEP team decides whether the
student should be given state and/or district assessments,
with or without accommodations, or if the student should
take the alternate assessment.
If the IEP team decides that the child should take the
Illinois Alternate Assessment, the IEP must include -
•
An explanation of why the child cannot take the
regular test.
•
A notice that the participation criteria has been met
by a “Yes” response to the three (3) statements in the
Alternate Assessment Participation Guidelines (see
Appendix D).
•
A statement explaining how the student will be assessed.
40
Worth a Look
A wide range of information
on the Illinois Alternate
Assessment is available on
the ISBE website at:
https://www.isbe.net/Pages
/DLM-AA.aspx
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 6: Individualized Education Programs (IEPs)
Frequency, Location, and Duration of Services
This is the “what, when, where, and for how long” part of
the IEP. Each of the services the student needs should be
written into the IEP and indicate three things: 1) how long
or how often each session will last (the number of minutes);
2) where the services will be provided (i.e., general
education classroom or special education classroom or
another setting such as the community); and 3) when the
services will begin and end.
Transition
For students who will reach the age of 14½ during the
school year, the IEP must document a statement of
transition service needs that focuses on the student’s
course of study and goals to address those needs. Transition
services are a coordinated set of activities that focuses on
improving academic and skill achievement to prepare for
life after school. The goals should include the needs for
employment, education and/or training, and independent
living, where appropriate. Transition services may include
academic instruction, related services, postsecondary
education, vocational training, supported employment,
community experiences, daily living skills, and work
evaluation. Transition plans should be based on the
student’s strengths, preferences, and interests. The student
must be invited to the IEP meeting.
In preparing for the meeting, parents should -
• Think about what the child needs to learn to help them
be successful after graduation.
• Help students explore work and career options while
still in high school.
• Decide what skills the young person needs to live and
work in the community after high school.
41
Illinois State Board of Education, August 2020
Specifics about IEP Components
• Make connections with education and training
programs, colleges, agencies, and support services.
• Assist in the selection of classes and services that might
help the child be successful in his/her adult life.
• Learn what agencies provide services to adults with
disabilities in the community and invite them to the IEP
meeting.
(Please see Chapter 8 for more information on
transition.)
Transfer of Rights at Age of Majority
The rights and responsibilities for special education
services that are given to parents will belong (or transfer)
to the student at age 18. The district must inform the
parents and student of the student’s right to delegate
decision-making to another adult individual. At least one
year before turning 18, the parents and the student will
receive notices in writing from the school about the change.
The district must document that the parents and the student
received the notice and were told about the transfer of rights.
The school must also provide the student with a Delegation
of Rights form (see ISBE form 34-57k located at
https://www.isbe.net/Documents/nc_deleg_34-57k.pdf
The school must use the ISBE form or one that is
substantively the same.
The Delegation of Rights -
•
may be terminated by the student at any time.
•
will remain in effect for one year.
•
must be signed by the student and the designee.
•
can be renewed each year.
Extended School Year (ESY) Services
These are special education and related services that are
42
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 6: Individualized Education Programs (IEPs)
provided to a student with an IEP beyond the normal
school day/year, are stated in the student’s IEP, and are
provided at no cost to the parents of the student. The
decision about what services will be provided should be
individually based on the needs of the student. Loss of
knowledge/skills or an extraordinarily long time in
relearning skills (regression/recoupment) can be part of,
but not the only reason for, determining ESY. No single
factor can determine ESY, and ESY services may not be
limited to particular categories of disability. ESY services
might not be the same as services provided during the
regular school year. The IEP team determines what
services are provided during the ESY term. ESY services
can be provided in school, at home, or in the community.
Other IEP Considerations
In addition to the required parts of the IEP described in the
previous section, the following components can also be
part of the IEP. The decision to add one or more of the
following pieces will depend on the nature of the child’s
disability and how it impacts the child’s performance in
school.
Behavior
If a child’s behavior disrupts his or her learning and/or the
learning of other students, then the IEP team should
consider the use of positive behavioral interventions and
supports. (See also Chapter 9: Behavioral Intervention Plans.)
Before a Behavioral Intervention Plan (BIP) is developed
to help a student manage classroom behaviors, a
Functional Behavioral Assessment (FBA) is often
completed. An FBA is a process for gathering data and
information regarding a target behavior such as what
causes it (what occurs immediately prior to the behavior
occurring) and what could be done to modify the
student’s environment and
43
Illinois State Board of Education, August 2020
Other IEP Considerations
promote positive behavior. If the FBA is completed to
inform the BIP, the FBA must be reviewed at the IEP
meeting and included as part of the IEP.
The IEP of a student who requires a BIP shall -
• summarize the findings of the FBA.
• summarize prior interventions implemented.
• describe any behavioral interventions to be used,
including those aimed at developing or strengthening
alternative or more appropriate behaviors.
• identify the measurable behavioral changes expected
and methods of evaluation.
• identify a schedule for a review of the interventions’
effectiveness.
• identify provisions for communicating with the
parents about their child’s behavior and coordinating
school-based and home-based interventions.
Braille
For a student who is blind or visually impaired, the school
shall provide for instruction in Braille and the use of Braille
unless the IEP team determines, after an evaluation of the
child’s reading and writing skills, needs, and appropriate
reading and writing media (including an evaluation of the
child’s future needs for instruction in Braille or the use of
Braille), that instruction in Braille or the use of Braille is not
appropriate for the child. For a child who is functionally
blind or visually impaired to the extent that Braille
instruction is determined necessary, the IEP team must
consider the student’s reading and writing skills, the
student’s communication needs, the student’s use of
reading and writing media, and the student’s future needs
for instruction in Braille or the use of Braille.
44
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Other IEP Considerations
Communication Needs
The communication needs of the student must be considered
by the IEP team. An IEP shall be considered
“linguistically and culturally appropriate” if it addresses
the language and communication needs of a student as a
foundation for learning, as well as any cultural factors that
may affect the student’s education. For students who are
deaf or hard of hearing, the IEP team must consider the
student’s language and communication needs and
opportunities for direct communications with peers and
professional personnel. The needs must address the student’s
language and communication mode. The IEP team must
consider the student’s academic level and full range of needs,
including opportunities for direct instruction in the child’s
language and communication mode.
Assistive Technology Devices and Services
Assistive technology refers to devices used by individuals
with disabilities to perform functions that might otherwise
be difficult or impossible. Consideration should be given to
the needs of the student for assistive technology devices
and services. The IEP team must decide if the student needs
assistive technology devices and services in order to
receive a free appropriate public education (FAPE).
An assistive technology device means any piece of
equipment that is used to improve the functional capabilities
of a child with a disability. Assistive technology
encompasses a broad range of devices from “low tech” (e.g.,
pencil grips, splints, paper stabilizers) to “high tech” (e.g.,
computers, tablets, communication devices, Braille readers).
These devices include the entire range of supportive tools
and equipment from adapted spoons to wheelchairs, from
apps on a tablet to computer systems for environmental
control.
Worth a Look
The federal legal
provisions that address
assistive technology are -
34 CFR 300.5
34 CFR 300.6
45
Illinois State Board of Education, August 2020
IEP for an English Learner
The term does not include a medical device that is
surgically implanted or the replacement of such device.
An assistive technology service means any service that
directly assists a child with a disability receive and use an
assistive technology device. This service includes
evaluating a child’s need, acquiring and customizing the
necessary device, and training the child, staff, and
parents/guardians in the use of the device.
IEP for An English Learner
If your child is an English learner, his or her IEP must include
specific components:
• A conference notice and a copy of the Procedural
Safeguards must be provided to you in your dominant
language (unless you have signed a waiver and
requested these documents in English).
• Information on your child’s and your primary
language on page 1 of the IEP document must be
accurate and consistent with the Home Language
Survey.
• If your dominant language is other than English, the
district must provide an interpreter for all IEP
meetings and list the interpreter’s name with other
participants’ information.
• If your child’s dominant language is other than
English, it is presumed that a bilingual specialist will
participate in the IEP meetings.
• Your child’s communication needs and present level of
performance in English and in the dominant language
must be included in the IEP document.
46
Educational Rights and Responsibilities: Understanding Special Education in Illinois
IEP for an English Learner
• If your child is an English learner, the IEP must
address appropriate linguistic and cultural
accommodations that your child might need.
• Your child’s IEP must include information on
ACCESS or Alternate ACCESS exam and list
accommodations that your child should receive
during testing.
Bilingual supports that your child receives at school are
not related services and should not be listed as such.
However; the IEP document should provide information
on your child’s EL programming. For example, it could
state, “Math: 225 minutes per week (mpw) in general
education with EL support.”
47
Illinois State Board of Education, August 2020
Chapter 6: Individualized Education Programs (IEPs)
Additional Requirements for Students Who Have a
Disability on the Autism Spectrum
The Illinois School Code requires IEP teams to consider
additional factors for students who have a disability that falls
within the autism spectrum disorder (ASD) category. If the
student has ASD (includes autistic disorder, Asperger’s
disorder, pervasive developmental disorder, pervasive
developmental disorder not otherwise specified, childhood
disintegrative disorder, and Rett Syndrome, as defined in the
Diagnostic and Statistical Manual of Mental Disorders, Fifth
Edition [DSM-V, 2013]), the IEP team shall consider the
following factors:
• the verbal and nonverbal communication needs of the
child
• the need to develop social interaction skills and
proficiencies
• the needs resulting from the child’s unusual
responses to sensory experiences
• the needs resulting from resistance to environmental
change or change in daily routines
• the needs resulting from engagement in repetitive
activities and stereotyped movements
• the need for any positive behavioral interventions,
strategies, and supports to address any behavioral
difficulties resulting from autism spectrum disorder
• other needs resulting from the child’s disability that
impact progress in the general curriculum, including
social and emotional development
Worth a Look
The requirements with
regard to children with
autism spectrum disorder
can be found in 105 ILCS
5/14-8.02(b) (Public Act
095-0257).
48
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Parent Tips
Parent Tips
IEP Questions—Things to Think About
•
What has the student learned this year?
•
What are the student’s strengths and interests?
•
What are the concerns for the student’s education?
•
What should the student learn next?
•
What does the student want to learn next?
•
What are the supports and services the student needs
to make progress on his or her goals?
What Parents Can Do Before the Meeting
•
Make sure you know who will be at the meeting.
•
If the meeting time doesn’t work for you, request a
different time or date.
•
Share any medical, psychological, or other assessment
information.
•
Have a list of priorities.
•
Write down any questions you might have.
Some districts offer special assistance (such as child care)
so that parents can participate in the IEP meeting. If you
need support to attend your child’s meeting, ask your
principal, special education teacher, or administrator for
help.
If you want to learn more about your rights and
responsibilities, ask your school for information about
organizations that offer support for parents of students with
disabilities. Ask if your school offers training about special
education issues.
Your school should give you the help you need to play an
active role in your child’s education, including an explanation
of what options you have if you disagree with a decision made
by the IEP team.
Tips for Parents
You can find information
about special education on
the ISBE website at
https://www.isbe.net/Pages
/Special-Education-
Programs.aspx
49
Tips for Parents
If someone you want to
attend the IEP meeting is
not on the list of attendees,
you or the district may ask
that person to participate.
Illinois State Board of Education, August 2020
Chapter 6: Individualized Education Programs (IEPs)
IEP facilitation is a process that helps foster effective
communication between parents and districts as they
develop mutually acceptable IEPs. This process may be
used as a preventative measure in which a trained
facilitator promotes whole team participation,
acknowledging and addressing differing opinions in a
respectful and neutral manner. IEP facilitation can
improve relationships between school districts and
parents in order to effectively plan services to meet the
needs of the student.
For more information about this free service, you may go
to page 86 in this guidebook (Chapter 11, “Conflict
Resolution”) or visit the ISBE website.
https://www.isbe.net/Pages/IEP-Facilitation-
System.aspx
What You Need to Know About Excusal
from IEP Attendance
Changes to IDEA in 2004 made it possible for members of
the IEP team to be excused from an IEP meeting. The
important thing to remember is that excusal can only
occur if the parent and the district agree to excuse the team
member from the meeting.
• Team members whose area of expertise will not be
discussed do not have to attend if the parents agree in
writing.
• Team members whose area of expertise will be
discussed can be excused when the parent and the
school agree, and if they submit their input in writing
to the IEP team (including the parents) before the
meeting.
IEP Facilitation
Important Reminder
IEP facilitation is a voluntary
process. Both parties will
need to agree that it would be
valuable to have a neutral
facilitator present at the IEP
meeting to assist with the
development of the IEP before
a facilitator will be assigned
to the case.
50
Important Reminder
Excusal of a team member
can only occur when the
parent and the district agree.
Worth a Look
The rules regarding excusal
of IEP team members from
the IEP meeting can be found
at 20 USC Sec. 1414(d)(1)(C)
and 34 CFR 300.321(e).
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Changes to the IEP Without a Meeting
Changes to the IEP Without a Meeting
After the annual IEP meeting for a school year, parents and
the school district can agree to make changes to the
student’s IEP without holding a meeting. A written
document may be developed to amend or modify the
child’s current IEP. Parents should make sure they
understand and agree to any proposed changes and ensure
that the change is documented.
If changes are made and the IEP is revised, the school must
inform the parents of the changes and make sure they
understand and agree to the changes. The school must
make sure that the IEP team knows about the changes and
must give an updated copy to the parent, according to the
IDEA [34 CRF 300.324(a)(4)(ii)].
Prior Written Notice
There are certain times when the school must put in
writing its decisions about the child’s education and state
the reasons for those decisions. This written
communication is called prior written notice. Parents have
the right to receive prior written notice whenever the
school wants to do something or refuses to do something
such as -
•
Evaluate the child.
•
Change the child’s disability category.
•
Change the child’s educational placement.
•
Change the way in which the child is provided a free,
appropriate public education (FAPE).
•
Terminate special education and related services in
response to a parent’s revocation of consent for special
education placement.
Sometimes a school representative will tell a parent about
Important Reminder
Special education services
cannot be chosen based on
parent preference. If a
student is deemed eligible to
receive a variety of services
through the evaluation
process, all of the services
will be provided. Parents
cannot decline one service
but maintain other services.
51
Illinois State Board of Education, August 2020
Revocation of Consent
a decision over the telephone, in a meeting, through an
email, or in a conversation. However, even if the school
informs the parent in one of these ways, the school still
must provide the parents with prior written notice before it
can proceed.
Revocation of Consent
If the parent agrees to allow the school district to make the
student eligible for special education and related services,
the parent has the right at any time to revoke consent for
special education services. However, it is very important
for the parent to understand that if consent for special
education is revoked, the school district must terminate
ALL special education services. As a result, the student
will no longer receive any services set forth in the student’s
IEP.
In order to revoke your consent for special education, Illinois
rules permit the parent to do so either in writing or orally,
although federal law only allows you to revoke in writing. To
ensure that the revocation is received by the district, it is
highly recommended that the parent provide the
revocation in writing or follow up an oral revocation with
a short letter confirming that the parent has revoked
consent for special education. A sample letter showing
how to provide revocation in writing is provided at the
end of this guide in Appendix A. The parent’s revocation
of consent, whether orally or in writing, should be
directed to either the district’s superintendent, the
district’s director of special education, or the person
supervising the student’s IEP team (e.g., the case
manager).
Once the parent has provided revocation of consent to the
district, the district must provide the parent with prior
written notice to tell the parent exactly when the services
for the student will end. Though the law does not explain
the exact time when the district must provide the parent
52
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 6: Individualized Education Programs (IEPs)
with its notice to end services, it is recommended that the
parent follow up with the school district if the notice has
not been provided to him or her within ten days of
revoking consent for services.
The Big Picture: Revocation of Consent
Once the district has provided the parent with written notice in
response to revocation, the district must terminate all special
education services to the child. Almost all the rights and
protections the parent possessed as a parent of a student with
a disability will also end.
If the parent later decides that the decision to revoke was a
mistake and the district has already terminated special
education services for the student, the district may need to
evaluate the student all over again before the student’s special
education services can be restarted. There is no guarantee that
the student will receive the same services that were in place
before the parent revoked consent. (See Chapters 3 and 4 for
more information on the steps required for evaluation.)
53
Illinois State Board of Education, August 2020
48
Educational Rights and Responsibilities: Understanding Special Education in Illinois
48
Educational Rights and Responsibilities: Understanding Special Education in Illinois
54
Parent Participation in Meetings
School districts are required to ensure parent participation in the discussions regarding
their child’s evaluation. School districts are also required to ensure parent participation
in the meetings to determine eligibility and plan the child’s IEP. This means that the
local school district must contact parents in a timely manner to set a meeting time that
is mutually convenient.
There are different types of meetings that are held for different reasons—evaluations,
eligibility determination meetings, annual reviews to develop the IEP for the coming
year, transition, change in placement, and others. You can read other sections of this guide
to get more details about the specific type of meeting in which you are interested.
The following are some ideas parents can use to increase their involvement in school
meetings:
Before the Meetings
•
Tell the school if you have difficulty speaking or understanding English or if you are
deaf and could use an interpreter or translator to understand what is said at the
meeting.
•
Prepare a folder to take to the conference that contains the following items: (a) your
child’s current IEP and progress report, (b) information you want to share about your
child, (c) questions, (d) paper on which to take notes, and (e) any other information
you want to discuss.
•
Review your child’s school records, reports, IEPs, and any other information you have
that will be helpful during the meeting. Ask your child about his or her concerns and
suggestions too.
•
Request and review copies of any evaluations or draft goals that may be discussed at
the meeting.
•
Write down questions, concerns, and any suggestions you have regarding special
education, related services, or placement.
•
Prepare a statement about your child, including positive things that he or she can
do. Sometimes your child is able to do certain tasks at home that have not yet been
demonstrated at school.
•
Plan to have your child attend the meeting to speak about what he or she likes about
school and what he or she would like to learn. If 18 years of age or older, your child has
the right to decide if he or she will attend, unless you have obtained legal guardianship.
•
Invite other people to the meeting who might help you feel at ease or who have
49
Illinois State Board of Education, June 2009
55
important information to share about your child. It often helps to have someone with
you to take notes at the meeting, so that you can focus on the meeting itself. Let the
school know whom you have invited.
During the Meetings
• Introduce yourself and your child. Give your child a chance to talk about what is
important to him or her. Make certain that you talk about your child’s strengths and
needs. You may want to read a prepared statement, mentioned above.
• Ask the other IEP team members to introduce themselves by name and job title. You
have the right to ask that any person present who was not listed on the school
district’s meeting notice be excused from the meeting. Please note that the district does
not have to honor this request if the person is not relevant to the discussion.
• Maintain a positive attitude.
• Try to stay focused.
• Take notes on discussions, recommendations, follow-up items, and scheduled dates/
appointments.
• Ask school personnel to explain terms, language, or statements that are unclear.
• Set a regular time to contact the teacher to discuss your child’s progress.
• Ask to schedule an additional meeting if your questions and concerns cannot be
answered in one meeting.
After the Meetings
• Follow through on any commitments you made during the meeting.
• Add documents from the meeting to your files.
• Contact the teacher periodically to see how the program is going.
• If you are not in agreement with what occurred at the IEP meeting, be certain to write
a statement of disagreement to be attached to the IEP.
Parent Participation in Meetings
Illinois State Board of Education, August 2020
56
Chapter 7:
Least Restrictive
Environment (LRE)
In this chapter you will -
• discover what an educational placement is and what some
of the options look like
• find out what research says about inclusive education
• learn the definition of the general education environment
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Where Should Students Be Educated?
Where Should Students Be Educated?
The decision about where the student should receive
services is called the educational placement. The IEP team,
which includes the parents, decides the educational
placement and services for the student. This is called
“placement.” Decisions are made at least once a year at the
IEP meeting and are based on the student’s individual
needs. The IDEA presumes that the first placement option
considered for each child with a disability is the general
education classroom in the school that the child would
attend if he or she did not have a disability. The team must
also consider what extra supports the student needs that
will allow the child to be successful in his or her
educational placement.
Examples of services that could be provided to support
students are assistive technology, positive behavioral
strategies, a paraprofessional, study breaks, or preferential
seating. There are many kinds of services and supports that
could be included in the IEP.
If the IEP team decides that a general education class on a
full-time basis is not the most appropriate setting for the
student, then they can consider other options like resource
rooms, special classes, special schools, or home/hospital
instruction. Free appropriate public education (FAPE)
includes three general areas: general education, non-
academic activities, and extracurricular activities. To
exclude your child from any of these without following
procedural safeguards would be a denial of FAPE.
• The IEP must include an explanation when the student
is educated apart from other students or is separated
from nondisabled students for any school-sponsored
activity.
• The school must provide the student equal access to
nonacademic and extracurricular services. Students
with disabilities must have an equal opportunity to
participate in all activities sponsored by the school
(transportation, clubs, music, athletics, etc.), per the
supports and accommodations specified in the IEP.
Worth a Look
34 CFR 114 (a)(2)(i) says,
“To the maximum extent
appropriate, children with
disabilities, including
children in public or private
institutions or other care
facilities, are educated with
children who are
nondisabled.”
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Illinois State Board of Education, August 2020
Chapter 7: Least Restrictive Environment (LRE)
• The student should be placed in the school he or she
would attend if not disabled or in an age-appropriate
setting as close as possible to the student’s home
unless the child’s needs, as determined by the IEP
team, warrant placement elsewhere.
What Do Some Placement Options Look Like?
Education placement decisions are made based on
student’s needs and may include the locations identified on
the following summary of common placement options:
General Education
The student receives specially designed instruction with
supplementary aids and services in the general education
classroom. This could include, but not be limited to,
modifications to the regular curriculum, co-teaching
(general education teacher and special education teacher
team teaching in the same classroom), special education
training for the general education teacher,
accommodations, computer assisted devices, note takers,
physical arrangements of the classroom, peer supports,
related services provided in the general education setting,
grading modifications, and/or classroom or individual
aides.
Resource Room (Separate Class)
The student receives specially designed instruction
through a special education class for less than half of the
school day. The student is included, to the maximum ex-
tent appropriate, in general education classes.
Self-contained Room (Separate Class)
The student receives specially designed instruction through
a special education class for the majority of the school day.
The student is included, with support, in general education
classes, when appropriate.
58
Important Reminder
A student with a disability
should not be removed
from education in age-
appropriate regular class-
rooms solely because of
needed modifications in the
general curriculum according
to 34 CFR 116(e).
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Do Some Placement Options Look Like?
Separate Day School (Special School)
The student receives specially designed instruction in a
special school. The student is included in those parts of
general education curriculum that are appropriate.
Residential Program (Special School)
The student receives specially designed instruction in a
special school and lives on the grounds of the residential
program.
Home/Hospital Program
The student, with extraordinary needs that cannot be met
by public schools, receives specially designed instruction
at home or in the hospital.
Additional Placement Guidance
Schools may not make placement decisions based solely on
factors such as the following:
» category of disability
» severity of disability
» configuration of delivery system
» availability of educational or related services
» availability of space
» administrative convenience
Funding concerns cannot be used as a reason for not
providing appropriate programs or services. If funding is
a problem, your local school district must explore other
ways of serving your student.
The diagram on the next page depicts and summarizes the
various placement options.
59
Illinois State Board of Education, June 2009
60
The Placement Continuum
General Education with No Supplementary Aids
or Services
General Education with Supplementary Aids
and Services
Resource Support (placement in a special education
classroom less than 40% of the school day)
Self-contained Placement (placement in a
special edu
cation classroom more than 40%
of the school day)
Separate Special
Education Day School
Residential
Placement
Home-
Hospital
Placement
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Do Some Placement Options Look Like?
Supplementary aids and services can include changes in -
• instructional strategies
• social or behavioral support
• environment
• assessment (testing)
• staff support
Instructional strategies can include -
• teaching to a student’s learning style
• differentiating instruction (teaching to meet the needs
of all children in the classroom)
• providing hands-on activities
• using technology to support teaching and learning
• providing one-to-one instruction
Environmental supports can include -
• assigning special seating
• providing space for movement or breaks
• helping student maintain an uncluttered space
• providing study carrels
Behavioral supports can include –
• conducting a functional behavioral analysis
• implementing a positive behavioral intervention plan
• facilitating friendships
• providing rest breaks
• providing counseling or social skills training
• modifying the environment to reduce stimuli that are
known to trigger the student’s behavioral problems,
such as excess noise or crowded hallways
61
IEP goals should be written before a decision is made on placement.
Goals should be written to support the student’s needs.
They should not be written to reflect the services available in a
specific placement.
Illinois State Board of Education, August 2020
Chapter 7: Least Restrictive Environment (LRE)
Staff supports can include -
• training
• collaboration time between general education and
special education teachers
• co-taught classrooms
• use of paraprofessional staff
• assistance for the teacher with curriculum and test
modifications
Assessment (testing) accommodations can include -
• reading the test to the student (except for comprehension portion)
• additional time
• fewer questions
• allowing the student to give answers orally/testing individually so they can talk
through the question and answer
• highlighting key directions
What Are the Benefits of An Inclusive Education?
When children with disabilities are part of the life and
activities of a school, the following benefits are realized:
• Typical peers serve as models for children with dis-
abilities.
• Natural friendships develop within the child’s home
community.
• Children with disabilities learn new academic and
social skills within natural environments, facilitating
generalization of skills.
• All students learn to value diversity.
• General education classrooms are better able to meet
the needs of all students as a result of additional
instructional resources, staff development for general
and special educators, a more flexible curriculum, and
adapted instructional delivery systems.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Are the Benefits of an Inclusive Education?
There are other benefits to inclusion:
• Students without disabilities develop an appreciation
and acceptance of individual differences, including
their own.
• Students are better prepared for adult life in an
inclusive society.
• Students without disabilities have opportunities to
master activities by practicing and teaching others.
• Students also have the opportunity to participate in
alternative learning experiences, such as peer tutoring,
cooperative learning groups, specific strategies
instruction, individual remediation, small group
instruction, specific language/listening developmental
activities, and differentiated instruction.
• There is increased collaboration among school staff and
more opportunities for parent participation.
• A wider variety of interventions and modifications are
attempted with students.
• Teaching methods, techniques, and strategies are
enhanced.
• Expectations are higher for children with disabilities,
and so is their achievement.
What Is the General Education Environment?
The United States Department of Education explained that
the term encompasses regular classrooms and other
settings in schools such as lunchrooms and playgrounds in
which children without disabilities participate.
Placement is not an either/or decision, where children are
either placed in a general education classroom or they’re
not. The intent is for services to follow or go with the child,
not for the child to follow the services.
63
Worth a Look
The federal requirements
for the Least Restrictive
Environment may be found at
34 CFR 300.114.
64
Chapter 8:
Secondary Transition
In this chapter you will -
• learn what is included in a transition plan
• get information about questions to ask the student to help in
planning for his or her future
• find out about the transfer of rights at age 18
• learn about the Delegation of Rights form and where to
complete it
• find out what happens if the student receives a regular
diploma
• learn about student participation in a graduation ceremony
while maintaining the right to continue special education
services
• acquire information on student participation in the home-
based support services program authorized by the
Developmental Disability and Mental Disability Services Act
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Is Transition and What Does It Do for Students with Disabilities?
Leaving high school is the beginning of adult life for all
students. For students with disabilities, choices and
decisions about the future may be more complex and may
require a great deal of planning. State regulations require
transition planning and the implementation of a transition
plan to start by the time a student reaches 14½ years of age,
or younger, if appropriate. This transition plan becomes an
official part of the student’s Individualized Education Pro-
gram (IEP).
Students and their families are expected to take an active
role in preparing the students to take responsibility for
their own lives once school is finished. It is critical that
families and their students understand that a student’s
entrance into adulthood and exit from high school means
that the right or entitlement to special education services
and a free and appropriate public education ends. Where
once school provided a centralized source of education,
guidance, transportation, and even recreation, after
students leave school they will need to organize their own
lives, manage their needs, and navigate an array of adult
service providers and federal, state, and local programs.
This can be a scary task, and students and their families
need to be prepared. Families provide a critical support
system for their children especially during the transition
to adulthood. Active participation and partnership with
the IEP team can assist families in bridging the gap
between school and adult service systems and pave the
way to a successful transition to adulthood for their
students.
What Is Transition Planning and What Does It Do
for Students with Disabilities?
Transition planning is a great opportunity for families and
students to take a leadership role in setting goals and
directions for the future. Transition planning -
• begins at age 14½ in Illinois and continues until the
student graduates or reaches age 22.
• prepares students for life after high school.
65
Illinois State Board of Education, August 2020
Chapter 8: Secondary Transition
• helps students plan for and choose high school courses.
• helps students decide what skills they need to develop
to live and work in their community after high school.
• gives students the opportunity to explore work and
career options while still in high school.
• helps students and families make connections with
education and training programs, colleges, agencies,
and support services for after high school to continue
working toward goals.
• helps students and the entire IEP team learn about
student interests, what works and doesn’t work in their
lifestyles, their skills and talents, and who can help in
achieving specific student goals.
What Are Transition Services?
Transition services are a coordinated set or group of activities
for a student that fits together like a puzzle. The full picture
of the puzzle is the student’s life after high school. The
transition plan should be designed to help each student
access a variety of transition services, activities, and supports
that will help the student move from school to adult life
activities including postsecondary education, vocational
training, employment, adult education, adult services, and
independent living.
Transition services are intended to prepare students to
move from the world of school to the world of adulthood.
In planning what types of transition services and
activities a student needs, the IEP team considers areas
such as postsecondary education or training, employment,
and adult living. The transition services themselves are a
set of activities that are based on the student’s strengths,
preferences, interests, and needs.
The pieces of the transition services puzzle may include
the following components, depending on the student’s
needs:
66
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Are Transition Services?
Instruction
Instructional support extends to what the student might
need in specific areas to complete courses for graduation,
succeed in the general curriculum (e.g., tutoring), be placed
in advanced classes, gain the skills he or she needs (e.g.,
social skills training, preparation for college entrance
exams, self-determination skill training, etc.), and could
also include teacher developed accommodations,
curriculum adaptations, peer tutoring, or adult basic
education.
Community Experiences
These are provided in community settings by schools or
other agencies including, but not limited to, job site
training, job shadowing, work experiences, banking,
shopping, transportation, counseling, and recreation.
Related Services
The student may need related services to benefit from
special education, to be equipped to enter the adult world
(e.g., transportation, social services, medical services,
rehabilitation technology), and to be linked to related
services he or she might need after high school.
Development of Employment and Other
Postsecondary Adult Living Objectives
These include services that lead to a job or career (e.g.,
career planning, guidance counseling, person-centered
planning, job placement, job tryouts), and activities like
registering to vote, filing taxes, renting a place to live,
accessing medical services, and accessing adult services
such as Supplemental Security Income (SSI).
Daily Living Skills
Daily living skills are skills adults need as a foundation for
67
Illinois State Board of Education, August 2020
Chapter 8: Secondary Transition
everyday life including self-care, independent living,
money management, maintaining a home, health care,
etc.
Functional Vocational Evaluation
This evaluation is used to find out what talents, aptitudes,
and job skills a student has (e.g., situational work
assessment, work samples, work adjustment programs,
aptitude tests, series of job tryouts, if appropriate).
Transition Planning Questions
How can families, parents and guardians help their
students begin planning for the future?
Parents, families and guardians can assist the transition
planning team by helping to find answers to the follow
questions. What are the student’s …
» long-range employment and life goals?
» interests and talents?
» learning styles?
» positive personality traits?
» achievements?
» social skills?
» work experiences (paid, volunteer, at home, at school,
in the community) and where might he or she like to
work?
» specific challenges and strategies for dealing with
them?
» needs for accommodations and support?
» options after high school (college, career or technical
school, military service, employment, living
arrangements, healthcare, recreation, etc.)?
Why is it important for students to participate in their
IEP planning and meeting?
68
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Are the Basic Components of the Transition Plan?
Participating in planning for life after high school builds
student confidence and responsibility and helps parents
transition to new roles as guides and mentors for their
student as they step back and let their student take on a
more active, decision-making role.
Must the school district have parental consent to invite
postsecondary service agencies to the IEP meeting?
The IDEA requires the school district to invite a
representative of any agency outside the school district
who might be an important support or linkage for the
student to be successful in his or her postsecondary goals.
However, before inviting any agency representative, the
school district must obtain the consent of the parent or the
student if he or she has reached the age of majority (18) to
extend the invitation.
What Are the Basic Components of the Transition
Plan?
Age-appropriate Transition Assessment
The Division on Career Development and Transition
(DCDT) of the Council for Exceptional Children defines
transition assessment as the “…ongoing process of
collecting data on the individual’s needs, preferences, and
interests as they relate to the demands of current and
future working, educational, living, and personal and
social environments. Assessment data serve as the
common threads in the transition process and form the
basis for defining goals and services to be included in the
… IEP.” [Sitlington, Neubert, and Leconte. (1997) in Career
Development for Exceptional Individuals, 20, 69- 79].
The National Technical Assistance Center on Transition
(NTACT) has prepared some guidance under the direction
of the U. S. Department of Education’s Office of Special
Education Programs (OSEP). In regard to the selection of
assessment tools they recommend that district staff -
69
Tips for Parents
Families should take time to
discuss postsecondary
agencies and find out what
they are and why their
participation in the IEP
meeting could be critically
important to the student’s
future success.
Illinois State Board of Education, August 2020
Chapter 8: Secondary Transition
• become familiar with the different types of transition
assessments and their characteristics
• select methods that assist students by helping them
answer the following questions:
» Who am I?
» What are my unique talents and interests?
» What do I want in life, now and in the future?
» What are some of life’s demands that I can meet now?
» What are the main barriers to getting what I want
from school and my community?
» What are my options in the school and community
to prepare myself for what I want, now and in the
future?
• select approaches that are appropriate for students in
terms of intellectual ability, cultural sensitivity, and
language comfort (including parent and student
interviews/questionnaires)
• always interpret and explain assessment results in
formats that students and families can understand
easily
Must a District Obtain Parental Consent To
Complete a Transition Assessment?
Parental consent is not required for age-appropriate
transition assessments or questionnaires. 34 CFR 300.302
states, “The screening of a student by a teacher or specialist
to determine appropriate instructional strategies for
curriculum implementation shall not be considered to be an
evaluation for eligibility for special education and related
services.”
Measurable Postsecondary Goals
These goals identify what the student will achieve after
leaving high school. Postsecondary goals are -
• based on student strengths, preferences, and interests
• shaped, refined, and updated by the use of age-
appropriate transition assessments
70
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Are the Basic Components of the Transition Plan?
• written using results-oriented terms such as “enrolled
in,” “will work,” “will attend,” “will live,” and
descriptors such as “full-time” or “part-time”
Measurable postsecondary goals are written for the
following areas:
• Education and/or training
o Education: community college, university,
technical/trade/vocational school
o Training: vocational or career field training,
independent living skill training, apprenticeship, on-
the- job training, Job Corps, etc.
• Employment
o Paid employment (competitive, supported, sheltered)
o Non-paid employment (volunteer, training
position)
o Military
• Independent Living
o independent living skills, health/safety,
financial/income, transportation/mobility, social
relationships, recreation/leisure, self-advocacy/
future planning
Specific Transition Services
A course of study is a list of specific courses the student is
projected to take and should align with the student’s
postsecondary goals. There are two important questions to
consider for course of study:
• Does a postsecondary goal require a certain minimum
requirement of courses, such as is required for college,
trade school, district graduation requirements, etc.?
• Does a postsecondary goal require or benefit from the
successful completion of specific high school classes,
e.g., a future chef planning to take and complete all
cooking related classes, a future childcare provider
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Illinois State Board of Education, August 2020
Chapter 8: Secondary Transition
planning to take and complete relevant classes in Family
and Consumer Science, etc.?
Transition services are the coordinated set of activities that
focus on improving the academic and functional
achievement of the student to facilitate movement from
school to postsecondary. The components of the
coordinated set of activities include instruction, related
services, community experiences, development of
employment and other postsecondary adult living
objectives, and if appropriate, daily living skills and
functional vocational evaluation.
What Is the Summary of Performance (SOP) and
When Is This Developed?
When a student’s eligibility for a free and appropriate
public education (FAPE) ends either because the student is
graduating with a regular diploma or reaching the
maximum age of eligibility (22), the school district must
provide the student with a summary of his or her academic
achievement (e.g., academic successes, etc.) and functional
performance (e.g., works skills, accommodations, social
skills, self-determination skills, etc.) and include
recommendations on how to assist the student in meeting
his or her postsecondary goals.
• The SOP is developed during the final year of
eligibility for FAPE and should include input from
the student.
• The SOP can also include input from the student and/
or family expressing their point of view about
successes and support needs related to postsecondary
goals.
Whose Responsibility Is It to Give the SOP to
Outside Agencies Such as Employers?
The SOP is for the student and/or family’s use. Similar in
use to a resume, the SOP is a portable, user-friendly
document that provides a summary of the student’s
academic achievement and functional performance, as
72
Educational Rights and Responsibilities: Understanding Special Education in Illinois
What Is the Transfer of Parental Rights All About?
well as recommendations regarding accommodations,
linkages and/or activities that will help the student
successfully transition or move toward postsecondary
goals. Therefore, the school district would keep a copy and
has no responsibility to share this document with outside
agencies.
What Is the Transfer of Parental Rights All About?
When a young adult reaches the age of 18 in Illinois, he or
she has truly become an adult in the eyes of the law and
has the right to make his or her own decisions. According
to the IDEA, at least one year before a student reaches the
age of 18, the school district much inform the parent(s) and
student of the rights under federal and state regulations
that will transfer from the parent to the student upon
turning 18. This means that unless other arrangements
have been made by the family (e.g., guardianship), the
student has the right to make the final decisions about his
or her education.
Delegation of Rights – Another Option
The school code (105 ILCS 5/14-6.10) allows a student to
retain independent legal status while delegating his or her
right to make educational decisions. According to this
requirement, a student who has reached the age of 18 can
choose to sign a Delegation of Rights to choose a parent or
another adult to represent him or her and assist in making
decisions about his or her education. This delegation
applies only to educational decisions and can be ended by
the student at any time. The school district must provide a
copy of the Delegation of Rights to the parent and student
during the IEP meeting during the year that the student
turns 17.
Resources
http://www.dd.illinois.gov/LocalAgency.cfm
Home-based Support Services Program – Follow this link
to find your local Developmental Disability Local
73
Worth a Look
The School Code provision
that discusses delegation of
rights is found at 105 ILCS
5/14-6.10. You can also find a
sample delegation of rights
form on the ISBE website at
https://www.isbe.net/Docu
ments/nc_deleg_34-57k.pdf
Illinois State Board of Education, August 2020
Chapter 8: Secondary Transition
Coordination Agency or call 1-888-DD-PLANS or 1-866-
376-8446 (TTY).
https://www.isbe.net/Pages/Special-Education-Indicator-
13.aspx
ISBE’s Special Education Department’s secondary
transition webpage provides access to a great variety of
resources, tools, and information related to postsecondary
transition including the Transition Outreach Training for
Adult Living (TOTAL) modules.
74
The Big Picture: Transition Planning
Effective transition planning is the result of teamwork over the course of a
student’s time in the educational system.
- DO NOT wait until graduation to think about what your student wants
to do.
- DO provide support and mentoring to help your student make a plan.
- DO ask your family, friends, neighbors, school teachers, and counselors
to help you along the way.
- DO use networking as a way to find out what options might be available
for life after high school and how your student can access them.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
75
Chapter 9:
Behavioral Interventions
In this chapter you will -
• learn what a functional behavioral assessment (FBA) is and
how it is used
• find out what a behavioral intervention plan (BIP) is and what
it should include
• learn what behavioral interventions are permissible during
instances of imminent danger to a student or others
Illinois State Board of Education, August 2020
Functional Behavioral Assessment (FBA)
If a student’s behavior keeps interrupting his or her learning or
the learning of other students, the school district and parents
should work together to understand the reason for the behavior
and plan ways to help the student learn more appropriate ways
of behaving. One way of doing this is for the IEP team to
develop a Behavioral Intervention Plan (BIP). A BIP is a tool that
can help to -
• understand the meaning, or function, of behavior.
• understand what may be causing the behavior to
happen.
• understand ways to change the environment to
support the student’s needs.
• plan how to teach the student appropriate behavior.
Functional Behavioral Assessment (FBA)
The first step in developing a good behavioral plan is to con-
duct a Functional Behavioral Assessment (FBA). The FBA is a
process to improve understanding of problem or unwanted
behavior in order to identify what skills need to be taught and
how to develop an effective behavioral plan. The process
includes observation, interviews, and data collection to identify
when, where, and why the behavior is occurring.
The FBA is used to answer the question, “What function does
this behavior provide for this student?” The answer to that
question is typically either to get something such as attention,
rewards, or sensory stimulation or to avoid or escape
something like a difficult task, anxiety, or boredom. Identifying
the function guides the development of a plan which can help
the school teach missing skills and make changes so that the
need for the behavior no longer exists.
A good FBA should include a hypothesis about the function of
the behavior based on the following information:
• An objective description of the behavior
• The places or situations where the behavior happens
• The places or situations where the behavior does not
76
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 9: Behavioral Intervention Plans (BIPs)
happen
• Events that happen just before the behavior
• Events that happen just after the behavior
• Additional information, including the student’s health,
medication, and strengths
Behavioral Intervention Plans (BIP)
The IEP team uses the information from the FBA to
develop a plan to -
• teach replacement behaviors which have the same
function as the problem behavior.
• make changes to the situations that contribute to the
behavior.
• teach other missing skills which increase the
likelihood of the appropriate behavior happening.
It is important to remember that the purpose of a BIP is not
to outline punishments, but to define what adults will do
differently to support the needs of the student.
A BIP should include the following information:
• A summary of the FBA, identifying the function(s) of
the behavior(s)
• A summary of prior interventions implemented
• The strengths of the student
• What replacement behavior will be taught, including:
» how the new behavior will be taught
» who will be responsible for teaching the replacement
behavior
» how long it will take to teach
» how staff will reinforce the appropriate behavior
• Additional supports that will be provided, including
any schedule changes, additional services, tutoring for
77
Worth a Look
The rule that addresses the
requirements for a BIP when
it is included in an IEP for
students who require
behavioral interventions can
be found at 23 IAC
226.230(b).
Illinois State Board of Education, August 2020
Behavioral Intervention Plans (BIP)
missing skills, etc.
• What measurable behavioral changes are expected
• What data will be used to decide if the plan is
succeeding
• A schedule for a review of effectiveness
• How the school will communicate with the student’s
family
Physical Restraint and Time Out
Sometimes an extreme behavioral situation can occur in
schools during which a student may pose a threat to self or to
others, and school staff may need to engage physical
management holds and/or initiate time out protocols, aligned
with staff training, to defuse a potentially harmful and
dangerous situation of imminent danger to the student or
others. These extreme measures are to be used only in the most
threatening situations to prevent harm to a student or another
person.
The use of these measures in some public and nonpublic school
settings to address matters of disobedience and poor conduct
has prompted ISBE to revise the Illinois Administrative Rules.
The State has moved to ban the use of physical restraint and
time out as a form of punishment at any time, in any school
setting. These measures were never intended to be used for
disciplinary purposes or in place of appropriate academic or
behavioral support.
The use of a time out, in which a student is not fully secluded
unless the student poses a threat to staff, as a behavior
management technique for the purpose of calming or de-
escalation is permitted in extremely limited situations. A time
out involves the monitored involuntary separation of a student
from classmates with a trained adult for part of the school day,
only for a brief time, in a non-locked setting. The application of
physical restraints is likewise permitted if the student poses a
physical risk to himself, herself, or others; there is no possibility
of a medical consequence to its use; and the staff applying the
restraint has been trained in its safe application. Please see 23
IAC 1.285 for more specific information.
78
Educational Rights and Responsibilities: Understanding Special Education in Illinois
79
Chapter 10:
Student Discipline
In this chapter you will -
• learn about how school safety affects student discipline
• understand the procedures involved when a school
district considers suspending or expelling a student with
a disability
• learn the process for conducting an expedited due process
hearing
Illinois State Board of Education, August 2020
School Safety
School Safety
Schools are responsible for keeping students and staff safe.
If any student behaves in a way that is dangerous for the
student or others, the school’s first priority must be to
address that danger and keep everyone safe.
Special education laws cannot hinder school safety. A
student with a disability can receive the same punishments
as other students, with the exception that a student with a
disability has some additional protections if he or she is
suspended for more than 10 days in a school year. A student
with a disability cannot be disciplined more severely than
other students for breaking the same rule. For example, if
a student without a disability can be suspended for up to
three days for breaking a specific rule, a student with a
disability cannot be suspended for more than three days
for breaking the same rule.
Finally, schools have a right and a responsibility to report
crimes to the police. The schools do not need to get a
parent’s permission before reporting a crime.
Manifestation Determination Review (MDR)
Every student, whether or not the student has an IEP, may
be suspended for violations of student conduct. When a
student with a disability faces a suspension that could
result in removal from the educational setting for more
than 10 school days in a school year, he or she is eligible for
education services during the additional days of suspension.
Additionally, when a student with a disability faces a
removal that exceeds 10 school days during the school year,
the district is required to conduct a Manifestation
Determination Review (MDR) with members of the IEP
team and the parent.
An MDR is conducted to decide if the student’s disability
was the primary cause of the incident in question. The two
possible outcomes of an MDR are the following:
80
Worth a Look
Senate Bill 100 (P. L. 099-
0456) is a state law passed
in 2016 to encourage
schools to reduce
suspensions/expulsions.
This law applies equally to
students with and without
disabilities. The provisions
of SB 100 are included in
the Illinois School Code at
105 ILCS 5/10-20.14
and105 ILCS 5/10-22.6.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 10: Student Discipline
• The student’s disability IS the primary cause for the
incident. In this case, the district may NOT discipline
the student (i.e., impose a suspension or expulsion on
the student in accordance with procedures required for
all students in the district).
• The student’s disability IS NOT the primary cause for
the incident. In this case, the student may be
recommended for suspension, or in the case of
expellable conduct, be recommended for an expulsion
hearing before the appropriate school district
authorities.
When an MDR team looks at the issue of whether the
student’s disability was the principal cause of the conduct,
the team must look at a range of information including -
• The student’s IEP and placement
• All relevant information in the student’s file
• Further observations of the student
• Any further relevant information supplied by the
parents.
The information will be used by the team members to
answer two required questions:
1.
Was the conduct caused by, or did it have a direct and
substantial relationship to, the student’s disability?
2.
Was the conduct the direct result of the school district’s
failure to implement the IEP?
If the answer to either question is “yes,” then the team must
find that the student’s disability caused the conduct and
may not recommend the student for further discipline,
such as a suspension beyond 10 days in a school year or an
expulsion.
Removal from the Current Placement for Certain Conduct
In certain situations, the school district may be entitled to
remove the student from the current setting, regardless of
81
Important Reminder
If the team determines
that the conduct was caused
by the student’s disability,
the team must also review
the student’s Behavioral
Intervention Plan (BIP) to
determine if it addresses the
conduct appropriately. If the
student does not have a BIP,
the team will need to develop
one. See Chapter 9 for more
information on BIPs.
Illinois State Board of Education, August 2020
Protections for Certain Students Who Are Not Special Education Eligible
whether the student’s conduct was caused by the
disability. In such situations, the student may be removed
for up to 45 school days to an Interim Alternative
Educational Setting (IAES). The IAES may be any
educational setting other than the current one that is
capable of implementing the student’s IEP.
There are three primary situations in which a school
district may remove the student:
1. When the student’s conduct involves a weapon (such
as a gun or a knife)
2. When the conduct involves the sale, use, or known
possession of an illegal drug or a controlled substance
at school, on school premises, or at school function
sponsored by the school district or a state education
entity (such as ISBE or the IHSA)
3. When the student inflicts serious bodily injury on
another person at school, on school premises, or at a
school function sponsored by the school district or a
state education entity.
In such cases, the school district may remove the student
immediately to an IAES, regardless of whether an MDR
has occurred.
In addition, the school district may also remove a student
to an IAES for up to 45 school days for conduct that is
substantially likely to result in injury to the child or to
others (even if no physical injury occurs). However, before
the removal can occur, the school district must obtain the
order of a special education due process hearing officer.
(See the next section for more information.)
Protections for Certain Students Who Are Not
Eligible for Special Education
In some very limited cases, the procedures described in the
previous sections may apply to students who are not
receiving special education services at the time of the
disciplinary incident. It is important to note, however, that
this situation typically involves a very specific set of facts.
82
Worth a Look
The provisions concerning
the rights of students who
are not yet eligible for special
education services can be
found at 20 USC Sec. 1415(k),
as well as 34 CFR 300.534.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 10: Student Discipline
A district will be required to do an MDR for a student who
does not receive special education services if the district
has knowledge that the student may be eligible for special
education services. This means that the district would
have some reason to believe that the student might have
been eligible for special education prior to the incident.
For example, let’s say a student had been already referred
for an evaluation prior to the disciplinary incident, but the
parent and district evaluation team had not yet decided
whether the student was eligible for special education. In
this case, the district would probably be required to do an
MDR before suspending the student beyond 10 days in a
school year or moving forward with an expulsion hearing.
In addition to the example in the previous paragraph, a
school district may be required to do the MDR if a parent
had provided the district with a written concern that the
student might require special education. Also, if a district
supervisor over special education services had received a
written concern from a teacher or other district staff about
specific patterns of behavior, an MDR might be required
even though the student was not yet eligible for special
education.
Expedited Due Process Hearings
If a dispute arises between a parent and the school district
over a disciplinary matter affecting a student with a
disability, it may be possible for an Impartial Due Process
Hearing Officer to decide the matter. Though a full
discussion of due process hearings is covered in the next
chapter, it is worthwhile to discuss expedited hearings
right now.
Expedited hearings can only be requested on three
grounds:
1. A parent can request an expedited hearing if he or she
disagrees with the district’s conclusions in the MDR
(i.e., whether the conduct in question is the result of the
child’s disabling condition).
2. The parent can request an expedited hearing if he or
she disagrees with the district’s decision to move the
Tips for Parents
Expedited hearings are re-
quested only to challenge the
decisions of the school
district concerning: (a) the
district’s conclusion that the
student can be suspended or
expelled after an MDR, or
(b) to challenge the district’s
choice of an IAES.
If you, as a parent, want to
challenge the facts
surrounding your child’s
suspension or expulsion, you
have the right to request a
review of the suspension or
expulsion before your local
school board.
83
Important Reminder
In order for a district to be on
notice that a student who is
not receiving special
education may require an
MDR, the district must have
received this “notice” before
the incident occurred.
Illinois State Board of Education, August 2020
Expedited Due Process Hearings
child to an IAES as a result of conduct involving a
drug or weapon, or where the conduct resulted in
serious bodily injury to another student or a member
of the school staff.
3. The district can request an expedited hearing if it
believes that the child’s conduct was dangerous and
that his or her continued presence in the current
setting is substantially likely to result in injury to
other students, school staff, or the child.
When filing for an expedited hearing, one should follow
the guidelines described in Section 11 for filing a standard
hearing request. However, you should also state in your
request that you are requesting an expedited hearing.
Rather than describe all the details of an expedited
hearing here, you should simply be aware of the
significant differences between an expedited hearing and
a standard due process hearing. Unless a specific
difference is noted here, you can review the information
on standard hearings for more details on how the
expedited hearing will occur.
The differences between an expedited hearing and a
standard due process hearing are as follows:
•
Unlike the standard hearing which allows the parties
up to 30 days to work out their differences in a
“Resolution Process” (see page 107), the parties are
given only fifteen days to complete the resolution
session in an expedited hearing. The parties must have
their first resolution meeting within 7 calendar days of
the initiation of the hearing.
•
Parties may use mediation (see page 93) instead of the
Resolution Process to discuss a potential settlement of
the dispute, but the mediation cannot delay the
hearing timelines.
•
In an expedited hearing, the hearing must begin within
20 school days and the hearing may not exceed two
days in length.
•
The hearing officer is given 10 school days from the end
84
Worth a Look
For a more complete
discussion of hearing
procedures in general, please
read Chapter 11: “Conflict
Resolution.”
A sample letter to request a
due process hearing can be
found in Appendix A at the
end of the guide. You can
also find a sample ISBE form
for requesting a due process
hearing in Appendix D.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 10: Student Discipline
of the hearing to render the decision.
• During the period of time while the hearing is going on,
the student may still be required to attend the placement
designated by the district as a result of the disciplinary
incident. In other words, the usual rules for “stay-put”
(see page 99) do not apply and the new placement is
considered the “stay-put” as opposed to the last agreed-
upon placement.
Please keep these important differences in mind if you decide to
file for an expedited hearing. As you can see, the timelines are
generally shorter than is usually the case in a standard hearing.
85
86
Chapter 11:
Conflict Resolution
In this chapter you will -
• discover a list of key terms
• identify steps to take when disagreements occur
• learn about mediation
• find out about the formal dispute resolution procedures
involved with state complaints and due process hearings
• find out what can be done if you disagree with a decision
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Introduction to Conflict Resolution
Introduction to Conflict Resolution
Parents and school districts want their children to be
successful. In the area of special education, success usually
happens because parents and school districts have become
partners in providing an education for the child. As you
may know by now, almost everything that happens in
special education (evaluations, IEPs, and other things)
occurs because parents and the school districts agree to
them and work together as partners to make them happen.
Still, even the best of partners can have disagreements
about things.
This chapter is going to describe what should be
considered and done if a disagreement happens. Some of
the information in this chapter will even help in those
times when you think a disagreement may be right around
the corner. We will describe some informal things you can
do to resolve a disagreement and some formal things that
you may need to think about if you can’t get your
differences resolved informally. We will supply you with
some important terms you need to know, followed by a
description of what you can do to handle a disagreement if
it happens. Finally, we will provide you a detailed
description of the steps involved in each of the formal
dispute resolution options.
In the following pages, we will often describe the
situations in which a parent files for a hearing or a
complaint against a school district. This is because over
75% of the complaints and hearing requests are initiated by
parents. However, the information contained in the
following sections is designed to provide everyone with
useful tips for managing conflict.
Key Terms
In order for this chapter to make sense, it’s important for
you to understand some key terms before going on in this
chapter. These terms will be used several times in the
material that follows. Feel free to come back to this section
if you can’t recall the meaning of a term.
87
Illinois State Board of Education, August 2020
Chapter 11: Conflict Resolution
IEP Facilitation
The IEP facilitation process is intended to promote
effective communication before, during, and after an IEP
meeting and to prevent or resolve conflicts. Therefore, a
conflict does not need to exist to make a request. However,
if a conflict is likely or occurring, a request might still be
appropriate.
Mediation
A mediation is a formal process of conducting a meeting
led by a mediator (see page 93) to resolve a disagreement
between a family and a district about the services and
supports needed by a student with disabilities. A
mediation can occur whether or not a formal complaint or
due process hearing request is on file.
Mediation Agreement
A mediation agreement is a formal written document
drafted by a mediator that describes the agreement reached
by the parties to a mediation. A mediation agreement must
be signed by both sides and can be enforced in a court of
law if one party does not do what is required in the
agreement.
State Complaint
A state complaint is a formal process where a person
brings a written complaint to ISBE, claiming that the school
has done something that is in violation of state or federal
special education regulations. A complaint can result in a
letter of finding that requires the district to correct
something that is not appropriate for the student.
Settlement Agreement
A settlement agreement is a written document, signed by the
family and the district, that describes what the parties have
88
Educational Rights and Responsibilities: Understanding Special Education in Illinois
agreed to do, and must do, in order to resolve an existing
disagreement. A settlement agreement may occur outside
mediation or the resolution process (see below).
Due Process Hearing
A due process hearing is a formal hearing that occurs if a
parent (or occasionally a district) files a complaint
requesting a due process hearing. The hearing may
involve attorneys and advocates for each side and will
result in a legally binding written decision that can be
appealed to a court of law.
Resolution Process
This is a mandatory process that occurs following the
filing of a due process hearing request. The process
requires the parties to meet to discuss the dispute and
explore ways of resolving the dispute without a hearing.
The process normally does not involve an impartial person
(like a mediator) and cannot involve attorneys unless the
parent chooses to bring an attorney to the meeting.
Resolution Agreement
This is a formal written document that describes any
agreements the parties have reached during the resolution
process. The agreement must be signed by both the family
and the district. The agreement can be cancelled within 3
business days if a party decides the agreement is
unacceptable. The agreement can be enforced in a court of
law if a party is not following the terms of the agreement.
When a Disagreement Occurs: First Steps
If you believe that there is an actual or potential dispute
occurring between you and the school district, there are
several things that can be done (in most cases) before a due
process hearing or state complaint has to occur. Before
deciding that a dispute requires the assistance of an
outside party, it is important to ask yourself a few
questions:
89
Important Reminder
Requesting a due process
hearing is usually the
only way the child can
be maintained in the
current placement if a
disagreement occurs over
the district’s proposed
placement. A state
complaint will not freeze
the placement. See page
99 for more information.
Illinois State Board of Education, August 2020
Do the Parties Understand What Each One
Is Trying to Do?
If the parent does not completely understand what the
district is providing, or proposing to provide, to the
student, it is very important that the parent ask questions.
Asking questions will not only help to define the problem,
it may also assist the district in understanding why you
may not agree with what the district is doing or proposing.
Let’s say, for example, that you are a parent and you believe
your child requires more services than the district has
offered. Does the district know why you believe more
services are necessary? Being able to understand your
position is, very often, the key to resolving a problem before
it turns into a big dispute. If you are a parent, be prepared
to explain exactly why you believe your child needs
something different than what the district has offered. It is
usually difficult for the district to see your side of the story
if you cannot provide an explanation for your point of view.
On the flip side of the coin, if you work for the district, does
the parent understand fully why the IEP team is
recommending specific services or placement? As a district
member of the IEP team, it is equally important to ask
questions of the parent if you sense that the parent may not
fully understand the reasons for your recommendations.
Are There Other Acceptable Options?
Is there any chance of “meeting half-way?” Sometimes the
key to resolving a disagreement is finding a so-called
“third option” that both sides would find acceptable. Let’s
say the district has offered your child 30 minutes per week
of speech services, but you would prefer 60 minutes of
speech. Would 45 minutes a week be a possible option that
90
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
is acceptable to both you and the district? Is 45 minutes an
appropriate amount to provide to your child? Would 60
minutes cause your child to miss more class time or services
in another area of need? If 45 minutes is both appropriate
for your child and acceptable to you and the district, why
not “meet halfway” and use this option instead of going to
hearing? It’s going to be very important to decide whether
there might be other acceptable options in order to know
how to handle a disagreement if it happens.
If We Can’t Work It Out Among Ourselves,
Would IEP Facilitation Help?
If discussions have not produced an agreeable solution to
your concerns, the use of an IEP facilitator can be a very
effective way of helping all members of the IEP team talk
about their differences and reach an agreement about the
document’s contents.
IEP facilitation is a process that can help parents and
districts understand one another as they develop an IEP
that is agreeable to both. A trained facilitator encourages
everyone to participate in the discussion of the services a
student may need. The facilitator will acknowledge and
address everyone’s opinions in a respectful and neutral
manner.
As a voluntary process, both the parent and district must
agree to allow a facilitator to be present at the IEP meeting.
Once a facilitated IEP meeting has been agreed upon by
both parties, ISBE will appoint a state-sponsored facilitator
who will contact the parent and school representative to
prepare for the meeting, including setting the date if
necessary. This individual is a neutral third party trained
in IEP facilitation techniques and is not an employee of the
school district. Keep in mind, the facilitator is not a
member of the IEP team or an advocate for any person on
the team. The facilitator makes sure all sides are heard so
a decision can be made but does not make the decision for
the group.
Important Reminder
Either party may request a
facilitated IEP meeting 10 to
14 days ahead of time by
submitting a completed
request form which is located
on the ISBE website at
https://sec.isbe.net/sems/ie
pfacilitationrequestpublic.as
px. You can also call the ISBE
Facilitation Coordinator at
(217) 782-5589.
91
Illinois State Board of Education, August 2020
IEP facilitation participants must include all required IEP
team members to complete the IEP process, including the
parent and when appropriate, the child. At the discretion
of the parent or the district, participants may include
attorneys, advocates, interpreters, and other relevant
parties who have knowledge of the student.
IEP facilitation sessions are scheduled for no more than
three hours in one day. This time should allow for a
productive exchange of ideas in the development of a
mutually agreeable IEP document. If not, the parties may
choose to continue for a bit longer to finish the meeting, or
they may choose to reschedule for another date with or
without the facilitator. This is always a voluntary process.
If a facilitated IEP meeting is not progressing, the facilitator
or parties may end the facilitation. The facilitator’s job is
then complete, and this person will not take part in any
subsequent due process hearing or civil proceeding that
might occur after facilitation has been concluded.
The school district retains the responsibility for following
the special education requirements under the IDEA. As
with any other IEP meeting, the school district is
responsible for providing notification of the IEP meeting,
meeting timelines, ensuring attendance of required
participants, as well as developing and implementing the
IEP for an eligible student. The district is also responsible
for providing a copy of the IEP document to the parent, as
well as sending notice to the parent regarding the
provision of services. As with all IEP meetings,
confidentiality is a required component of facilitated IEP
meetings.
ISBE will not keep a copy of the IEP document. The only
record retained of the facilitated IEP meeting is the result
of the session, the date, time, and location of the facilitated
IEP session.
92
Educational Rights and Responsibilities: Understanding Special Education in Illinois
All About Mediation
What Other Options Are There to
Handle a Disagreement?
If your discussions can’t hammer out an agreeable solution
to the problem, you might still have an option short of
filing a complaint or a due process hearing request. If due
process has not been filed, a request for mediation by a
parent challenging a district proposal to change the child’s
educational placement shall invoke the “stay-put”
provision. The “stay-put” placement shall be the last
agreed upon placement between the parties. In the event a
party declines to use mediation, the parent shall have 10
days from the date of the refusal to request a due process
hearing in order to continue the “stay-put” placement. As
will be discussed soon, mediation is an option that can be
used to resolve disagreements whether or not a complaint
or hearing request has been filed. The use of a mediator can
be a very effective way of helping parties to work out their
differences.
The use of the first steps described above is simply an
option. They should not be understood as absolute
requirements that you must use each and every time a
dispute occurs. Still, they are options that should be
viewed seriously as a way for you to avoid the time and
expense of a due process hearing or state complaint.
However, there may be situations where going through the
first steps will simply not work (examples would include
cases where timing is important or where the tension is so
high that reaching an informal agreement would be nearly
impossible). It is always important to think about the
situation and the kind of problems when deciding to use
one or more of the first steps described here.
All About Mediation
As we described just above, a mediation can take place
whether or not you have a pending complaint or hearing
request. Mediation is a voluntary process designed to help
parties reach agreements to resolve potential disputes. As
Worth a Look
The rules for conducting
mediations in Illinois can be
found at 23 IAC 226.560
which are aligned with 34 CFR
300.506.
93
Important Reminder
Mediation is a completely
voluntary process. Both the
parent and the district need
to agree to participate in
mediation before a mediation
can take place.
Illinois State Board of Education, August 2020
Chapter 11: Conflict Resolution
a voluntary process, both the parent and the district have
to agree to engage in a mediation. Either party may initiate
a request for mediation by calling the ISBE Mediation
Coordinator at (217)782-5589 or by submitting via email a
completed mediation request form which is located on the
ISBE website at https://www.isbe.net/Documents/34-
15-mediation-request.pdf.
Once a mediation has been agreed to by both parties, ISBE
will appoint a mediator, who will then arrange the time
and place for the mediation meeting. The mediator is a
person specially trained to understand special education
matters but who is not an employee (or has an interest in)
working for either side. The mediator’s only focus will be
to assist the parties in the discussion of the unresolved
issues to help them find a way to formulate an agreement
that will work to the benefit of the child. The mediator is
not a decision maker and has no authority to enforce or
override any action by either party.
Prior to the mediation, the mediator will contact both
parties to discuss important matters, such as the nature of
the dispute and relevant documentation. Once the
meeting begins, the mediator will generally ask each side
to discuss the issues and what their opinions are about
how the issues should be resolved. The mediator will then
work with the parties to identify where the parties have
areas of agreement and whether each party can find
agreeable options to resolve the dispute. The mediator
may ask to speak with you individually (in a private place
without the presence of the other party) so that you can feel
free to discuss your options with the mediator. At other
times, the mediator will want to discuss matters with both
parties present. In general, the mediation meeting will take
two to three hours, but may take more time depending on
the number of issues that need to be discussed.
If an agreement can be reached between the parties on all
(or even some) of the issues, the mediator will then help
the parties to write up a mediation agreement. The
mediation agreement will outline exactly what each party
94
Important Reminder
Because each mediation is
individualized to suit the
needs of the parties, you
may find that your
mediation will differ in
some ways from the
process described in this
guide.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
must do and (if necessary) set specific timelines for the
completion of the things in the agreement. Once the
language of the agreement has been set down in writing,
you and a representative of the district will be expected to
sign the agreement. If either side refuses to sign the
agreement, the agreement will have no legal effect. As we
described above, once a mediation agreement is signed, you
will have a legally binding document that can (if needed) be
enforced in a court of law if the agreement is not put into
effect.
If mediation fails to resolve the dispute between the
parties, the parent shall have 10 days after the mediation
concludes to file a request for a due process hearing in
order to continue to invoke the “stay-put” provision (if
due process has not already been filed.)
Important Points to Remember About Mediation
1) It’s a voluntary process.
Mediation is a completely voluntary process, so
mediation will only happen if both you and your school
district agree to participate. But more importantly, any
agreement you reach is also voluntary. Even if the
mediation meeting happens, you do not have to sign the
final agreement if it is not something to which you agree.
2) Mediation is confidential.
One of the most important ground rules in mediation is
the requirement that everything said in the mediation is
confidential. In other words, you should feel free to say
anything that will assist in reaching an agreement because
what you say cannot be used in another context. This is
very important if you’re also facing a due process hearing
because it means that anything you say at a mediation
cannot be used as evidence against you at hearing. But
confidentiality is a two-way street. You will not be able to
use statements by the other party in the hearing either, and
neither party may call the mediator as a witness in a due
process hearing.
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Illinois State Board of Education, August 2020
Chapter 11: Conflict Resolution
3) The agreement is a binding document.
As we stated earlier, a mediation agreement is legally
binding similar to a contract. Because it is legally-binding,
this means that you would have the ability to go to a court
of law to enforce the terms of the agreement if something
is not being done or not being done correctly.
Formal Dispute Resolution
You have a major disagreement about your child’s
educational program. You have tried to work out your
differences through conversations and informal
negotiation. You’ve even tried to work out an agreement
with the help of a mediator. At the end of it all, your major
disagreement still exists. What do you do?
In most cases, once you have exhausted all the things de-
scribed above, it is generally time to consider using a
formal process for having your dispute resolved. There are
two formal processes currently available in Illinois: state
complaints and due process hearings.
The biggest difference between the actions described in the
earlier sections and the actions we are about to describe is
this: a person other than the parent and the district will
now decide how to resolve the issue. In informal
procedures, the parent and the district try to work out the
matter between themselves. But in formal dispute
resolutions, you are giving your dispute over to another
person to decide it for you. In the case of state complaints,
it is a complaint investigator who works for ISBE. In the
case of due process hearings, it is an independent person
known as an “impartial hearing officer.”
The next section will discuss state complaints, while the
following section will discuss due process hearings.
Finally, we will try and tie all of this up by providing you
with a table that compares state complaints with due
process hearings, so that you can choose the best option
for your situation if you need to use a formal process.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
All About State Complaints
The state complaint process is a procedure that is
established under both the federal and state special
education laws and rules. In a state complaint, a person
who has knowledge of the educational issues concerning
the child may file a written complaint with ISBE. The
complaint sets out who the child is (or in some cases who the
children are), the facts that have led to the dispute, and
suggestions for how the situation can be fixed. A sample
complaint letter is provided in Appendix A to give you an
idea of what a state complaint letter might look like.
Once ISBE receives the complaint, the complaint will be
assigned to an investigator. The investigator is an employee
of ISBE with expertise in special education issues. The
investigator may do some or all of the following things in
reaching a final determination:
1. Contact the person or organization to clarify the
issues described in the complaint.
2. Request documentation from you to support your
claims.
3. Contact the district to find out the district’s position
concerning the claims.
4. Request documentation from the district to support its
position or positions.
5. Set up interviews with the complainant and others
who have direct knowledge of the issues in the
complaint.
6. If necessary, perform an on-site investigation at the school.
97
Worth a Look
The procedures for state
complaints can be found at
23 IAC 226.570.
For information on filing a
state complaint, please visit
the ISBE website at
https://www.isbe.net/Pages
/Special-Education-
Complaint-Investigation-
Process.aspx
Illinois State Board of Education, August 2020
All About State Complaints
Much of the investigation can be done by telephone and
mail, although the investigator may visit the district and
meet with the complainant in person in order to reach a
thorough decision if the investigator believes it is
necessary.
It is important to note that although the complainant has a
right to present the case to the investigator, there is not a
right to question district personnel or to “argue” the case
in front of the investigator. Unlike a due process hearing
(described below), parties will not be allowed (or required)
to participate in a formal hearing to present the case, sup-
porting evidence, or witnesses. All procedures in the
complaint will be handled by the investigator alone.
In addition to these steps, the investigator may work with
you and the district to find a mutually acceptable
agreement to resolve the issue or issues in the complaint.
This process, called “early resolution,” is a voluntary
process designed to help find an acceptable solution to the
problem without requiring the formal issuance of a
decision by ISBE. However, if the parties and the
investigator cannot find an acceptable agreement to resolve
the issue, the investigator will go forward with a full
investigation and make a final decision in the case.
The investigator has 60 calendar days from the date ISBE
receives the complaint to reach a conclusion. In rare
circumstances, however, the investigation can be extended
beyond 60 days by the investigator. The conclusion reached
by the investigator is called a “letter of finding.” As the
name suggests, the investigator will issue a decision in the
form of a letter. This letter will outline the issues
investigated, the facts found by the investigator, a
determination of whether those facts comply with the law
and regulations, and finally an order describing what the
district needs to do in order to meet the requirements of
the law and regulations. A copy of this letter will be issued
to the complaining party and to the district.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
One unique aspect about state complaints is the fact that a
person may not only file a complaint about a single child,
but a person can also file a complaint claiming a systemic
problem (in other words, that a district’s practices are in
violation of state or federal special education regulation
for a whole group of children). But there are also important
differences between a state complaint and a due process
hearing, which is another way to obtain a ruling over a
special education dispute. Though due process hearings
will be discussed in more detail in the next section, it is
useful to look at some of the differences and similarities
between the two at this point.
Action
State Complaints
Due Process Hearings
Filed with whom?
ISBE
Local School District
Filer must be parent or
guardian?
No
Yes*
*See page 103 for exception.
Concerning more than one
student?
Yes
No (rare exception for siblings
served in same placement)
Time limit to file after an
alleged violation has occurred
One year
Two years
Mediation available?
Yes
Yes
Timeline for completion
60 calendar days
75 calendar days (regular
hearing request with full
resolution session timeline)
Timeline extensions?
Yes
Yes
Stay-put (which placement is
maintained pending the final
decision) applies?
No
Yes
Use of evidence
Yes
Yes
Decision maker
Complaint Investigator
Due Process Hearing Officer
99
Illinois State Board of Education, August 2020
Formal Disputes: Due Process Hearings
Action
State Complaints
Due Process Hearings
Right of Appeal
No
Yes
Attorneys’ fees
No
Yes
Another important difference between complaints and
due process is also shown in the table above. If you file a
complaint, you are permitted to include any issue that has
arisen within one calendar year of the date you file your
complaint. However, if you choose to file for a due process
hearing, you are permitted to raise any issues that have
occurred up to two calendar years prior to the filing of your
due process request. This difference is set out in the IDEA.
This factor may also help you to decide whether a
complaint or a due process hearing is the best route to take
in resolving the issues with your district.
With this information in mind, we need to turn to the
procedures associated with due process hearings .
Formal Disputes: Due Process Hearings
Due process hearings are the most formal way to have a
dispute between a parent and a school district decided. In
general terms, due process hearings have a number of
similar features to court proceedings. Just like a court of
law, due process hearings can involve formal arguments
(often made by lawyers), witness testimony, and the use of
documentary evidence to make the case for one side or the
other. And, just like court, a decision maker (called an
“Impartial Hearing Officer” in the case of due process
hearings) renders a written decision that is legally binding
for both parties.
There are two types of due process hearings in Illinois:
general and expedited hearings. The following
information describes the procedures associated with
general due process hearings. Expedited hearings, which
focus on issues dealing with student misconduct and
discipline, are discussed in the previous chapter dealing
with student discipline. (See Hearings on page 85.)
100
Worth a Look
The principal rules on due
process hearings in Illinois
can be found at 105 ILCS 5/14-
8.02a and 23 IAC 226.600
through 226.675. Citations to
more specific rules on the
various parts of the due
process system can be found
in the following sections of
this Chapter.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
In Illinois, about 85% of all due process cases are filed by
parents. This is because parents have a much larger range
of issues for which they can file a hearing request. Because
of this fact, the following sections are mainly written from
a parent’s perspective. But school districts can certainly
gain important insights on due process by reviewing these
sections as well.
When Should I File for Due Process?
Parents are provided much broader reasons for filing a
hearing request than school districts. For this reason, most
of the information provided in this section deals with the
more common situation of a parent filing a hearing request
against a school district.
It would take pages to describe all the possible situations
where a parent might need to file for a due process
hearing. In fact, this document itself is a guide to help you
decide whether you are facing a situation that might
require you to file a hearing request. However, in most
cases, it would be a good idea for you (as a parent) to ask
yourself several important questions before you begin to
make a hearing request:
Have the District and I Explored Other Options to
Resolve Our Differences?
For many people, due process hearings should be viewed
as a “last resort.” Due process hearings can be very
expensive in terms of time and money and should be used
only when you believe you have no other option to
obtain the help you believe your child needs.
101
Tips for Parents
Just because the term “last re-
sort” is used does not mean
that there will not be
situations that may require
you to file a due process
hearing request very quickly.
You will need to consider the
particular situation you are
facing to decide whether you
should to file a hearing
request immediately or wait
until other steps have been
taken.
Illinois State Board of Education, August 2020
Why Should I File for Due Process?
Can I Present a Case That Makes Sense
to a Hearing Officer?
The hearing officer (the person who will decide the case)
may have training in special education but will have no
idea about the history of your case prior to receiving your
hearing request. You will need to figure out if you can
present a clear story that is understandable to the hearing
officer. If the hearing officer cannot understand what your
issues are or why you believe you are right, it will make it
much harder for the hearing officer to rule in your favor.
Do the Records Support the Position I Am Taking?
Before filing a hearing request, it is always a good idea to
review the IEPs and other school records you have in order
to decide if they back up your story. Documents like IEPs,
evaluations, and other records in your child’s student file
are extremely important to the hearing officer. If they
suggest a different story than the one you have, the hearing
officer may have difficulty agreeing with your version of
the facts.
Are There Witnesses Who Will Back Up
My Understanding of the Facts?
Another important source of information to a hearing
officer is what witnesses might say on your behalf. Witness
testimony is a big part of due process hearings. If the
witnesses, particularly those who will testify to support
your case, do not have information to back up your story, it
will be difficult to convince a hearing officer to support
your position.
It is important for you to think about all these questions
before deciding to undertake a due process hearing re-
quest. A hearing request can be an expensive, stressful,
and time-consuming process, so thinking through these
questions will help in your decision to go forward with a
hearing request.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
Can a District File for Due Process Too?
A local school district can file for due process against a
parent in two situations:
• when a parent refuses to provide consent for an
evaluation, and
• when the district refuses to grant a parent’s request to
obtain an independent evaluation of a child paid for by
the district.
If a district initiates a due process hearing against a parent,
it will write ISBE a letter requesting the appointment of a
hearing officer. The letter will describe the reasons for the
district’s hearing request. In addition, the district will
provide the parents with a copy of the letter it sends to
ISBE.
Do I Need to Hire a Lawyer or Advocate?
There is nothing that prevents a parent or school district
from presenting a case at a due process hearing, but
parties frequently choose to use either an attorney or a non-
attorney advocate to represent them in the hearing. There
is a great deal of formality to a due process hearing, and in
many ways, a due process hearing has a lot of the look and
feel of a courtroom proceeding. For this reason, parties will
often seek the expertise of someone familiar with special
education law to represent them in this process.
If you are a parent using an attorney, it is important for you
to keep in mind that some or all of your attorney’s fees
might be recovered from the district if you prevail in the
hearing (and if the result is not appealed by the district to a
court of law). However, the law has increasingly made it
clear that “prevailing” means obtaining a favorable
decision from the hearing officer on a major issue in the
case. Without a favorable decision from a hearing officer, it
is almost certain that the fees you pay to an attorney cannot
be recovered from the district.
If you are interested in working with an attorney but can
103
Worth a Look
The rules describing when a
district can file for due
process are outlined at 34
CFR 300.300(a)(3) (when a
parent refuses to consent to
an evaluation) and 23 IAC
226.180 (when a parent
requests an independent
evaluation).
Worth a Look
In very limited situations, a
school district can seek
attorneys’ fees against a
parent. The right of a district
to seek attorneys’ fees is
limited to situations where
the district can show that the
parent filed for due process
to harass the district or for
so-called “frivolous” reasons
(i.e., that the parent knew in
advance that he or she had
no real basis for filing for due
process). In the vast majority
of cases, a parent’s legitimate
belief that he or she has a
good faith due process
dispute with a school district
will not be considered
frivolous. For more
information, check out 34
CFR 300.517(a)(1).
Illinois State Board of Education, August 2020
How Do Parents Request a Due Process Hearing?
not find one on your own, please contact the Due Process
Coordinator at ISBE for a listing of attorneys who may be
able to assist you.
How Do Parents Request a Due Process Hearing?
If you decide to proceed with a due process hearing, your
request for the hearing needs to be filed with the super-
intendent of your local school district. And even if your
child is receiving services from a special education
cooperative, you still must file your request with the local
district superintendent.
You have a couple of options when writing out your
hearing request: you may either use a form obtainable from
ISBE’s website or you can write a letter. The ISBE form can
be found on the internet at this address:
https://www.isbe.net/Documents/dp_parental_19-
86a.pdf.
The online form permits you to simply type the
information on the form. Once completed, simply print out
the form on your computer printer, sign it, and send it to
your district superintendent. Alternatively, you may print
out the blank form and fill in the requested information by
hand. In either case, please provide complete information
to all questions on the form. If you need additional space,
do not hesitate to attach additional pages to the form.
If you choose to write up your request in the form of a
letter, you should attempt to provide all the information
that is requested on the ISBE form. At minimum, your
hearing request needs to contain the following
information:
• Your name and contact information (phone, mail ad-
dress, and if you wish, a fax number and email ad-
dress)
• the name of your child and the name of the school your
child attends
• a statement of the issues you want the hearing officer to
consider
104
Worth a Look
ISBE’s website has a form that
parents may use when filing
a request for due process at
https://www.isbe.net/Docum
ents/dp_parental_19-86a.pdf
A sample letter requesting
a due process hearing can
also be found in Appendix A.
A copy of the ISBE form that
parents can use to file for
due process is also found in
Appendix D.
Worth a Look
The rules describing what in-
formation needs to be
included in a due process
hearing request can be found
at 34 CFR 300.508(b).
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
• a statement of the facts that are relevant to the issues in
the case
• the remedies or orders (to the extent you know what
they are) that you want the hearing officer to enter to
resolve the case.
It is essential for you to include all this information in your
hearing request. Under IDEA, failure to include all the
required information could subject your request to
dismissal by the hearing officer. Once completed, you will
need to sign your letter and send it to the district
superintendent.
When the district receives your request, the district has five
calendar days to forward your request to ISBE. Within three
calendar days of receiving the request from the district,
ISBE will appoint a hearing officer and mail both you and
the district a written notice of who the hearing officer is.
Stay-Put: How a Hearing Request Affects the Child’s
Placement
When a party files a due process hearing request, the re-
quest triggers what is known as “stay-put” under both
federal and state law. “Stay-put” is a provision designed to
make sure that no changes are made to your child’s
placement until issues that might affect the placement have
been decided by a due process hearing officer. “Stay-put”
requires a district to maintain the last placement the
parties agreed to prior to filing for due process.
Because of the “stay-put” provision, it may be important
that you make your decision to file for due process as soon
as possible after an IEP meeting during which a placement
was recommended that you strongly oppose. A district
can proceed with a placement within 10 calendar days of
an IEP meeting if you do not make a formal objection to
the placement. Therefore, if you wait until after the
placement has been implemented to file for due process, it
may be difficult to go back to the previous placement as the
“stay- put” placement.
105
Worth a Look
The “stay-put” provision in
IDEA can be found at 34 CFR
300.518(a).
Illinois State Board of Education, August 2020
A Note about Hearing Officers and Substitutions
A Note about Hearing Officers and Substitutions
When ISBE receives a hearing request from a local district,
a hearing officer is selected based on a fixed rotation that
is maintained in a computer database at ISBE. Each
hearing officer currently serving in Illinois is either an
attorney or an educational professional. However, it must
be noted that no one can serve as a hearing officer in
Illinois if they are an employee of a local school district, a
special education cooperative, a regional office of
education, or ISBE. Each hearing officer has received
comprehensive ongoing training in special education law
and special education practices.
It is important for you to remember that the hearing officer
functions in many of the same ways that a judge does in a
court of law. In the same way that a court operates, you
cannot discuss your case with the hearing officer without
the presence of a representative of the district (likewise, a
district representative cannot discuss the case without
your presence). The only exception to this rule is when you
are contacting the hearing officer for the purpose of
scheduling a meeting with the hearing officer and the
district or scheduling the hearing itself.
When parties receive notice of the hearing officer
appointment, you will receive a short description of the
hearing officer’s professional background and work history.
This information should be able to assist you in deciding
whether you want to exercise your right to request a
substitution of your hearing officer. Under Illinois law,
both you and the district have a right to request one
hearing officer substitution in the case. Please note that if
you decide to substitute your hearing officer, you must do
so in writing within five calendar days of receiving your
written notice of the hearing officer. Your substitution
request may be directed to the Due Process Coordinator at
ISBE.
Next Steps: Responses and Insufficiency
A number of things may happen very quickly after you file
your hearing request with the local school district. Under
106
Worth a Look
The rules guiding the
substitution of hearing
officers can be found at 105
ILCS 5/14- 8.02a(f-5).
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
both IDEA and the Illinois School Code, the district may
do one or both of the following things:
1) Provide a written response to the hearing request
Within 10 calendar days of receiving your request, the
district may provide you and the hearing officer with a
written response to the hearing request. A written
response, however, is not required if the district has
already provided you with “prior written notice” of its
actions that led you to file your hearing request. In many
cases, the IEP and Notice of Conference Recommendations
you receive at the end of an IEP meeting are considered to
be “prior written notice.”
2) File a Notice of Insufficiency
Also within 15 calendar days of receiving your request, the
district may file “Notice of Insufficiency” with you and the
hearing officer. A Notice of Insufficiency is basically a
request by the district to have your request dismissed
because it lacks the required information for a hearing
request. If you made sure to include all the information
described earlier in writing up your hearing request, a
hearing officer is not likely to dismiss your hearing
request.
The Resolution Process
IDEA requires parties to attempt to discuss potential
settlement of due process disputes. This procedure is
called the resolution process and is now a mandatory part
of all hearing requests. This procedure allows parties up to
30 calendar days following the initiation of a due process
hearing to explore solutions for resolving the dispute
without a full-blown hearing.
Within 15 days of the district’s receipt of your hearing re-
quest, one of three things must occur:
1) Conduct an initial resolution meeting
By the 15
th
day, you and the district must have an initial
meeting to discuss your hearing request. This initial
107
Worth a Look
The rules guiding the
response to a hearing
request and challenging the
hearing request for
insufficiency can be found at
34 CFR 300.508.
Worth a Look
The rules guiding the
resolution process can be
found in both federal and
state law. The federal rules
can be found at 34 CFR
300.510, while the state
provisions can be found at
105 ILCS 5/14- 8.02a(g-20).
Illinois State Board of Education, August 2020
The Resolution Process
meeting (and other meetings that may occur over the next
15 days) is designed for you and the district to discuss your
request, the facts surrounding the request, and ways that
you and the district might work out an agreeable solution
to the problem or problems. The initial meeting must
include you, a district representative with authority to sign
an agreement with you, and any members of your child’s
IEP team who have knowledge of the facts concerning your
hearing request. You may also bring an advocate or an
attorney with you, but if you bring an attorney, the district
will be allowed to bring theirs.
2) Agree to Use Mediation Instead of the Resolution
Process
By the 15
th
day, you and the district can also agree to
conduct a mediation with an ISBE-appointed mediator in
place of the resolution process. Both you and the district
must agree in writing to use the mediation option. If you
do agree to the mediation, your written agreement should
be given to the hearing officer and the Mediation
Coordinator at ISBE as soon as possible.
3) Agree to waive the whole process
Both parties can agree to bypass the whole process, so long
as both agree to do so in writing by the 15
th
day following
the district’s receipt of your hearing request. If the parties
agree not to do either the resolution process or a
mediation, they will need to provide the hearing officer
with a copy of the agreement as soon as possible. If the
parties agree to waive the resolution process, the hearing
procedures will begin immediately.
If the parties conduct the resolution process, please keep
the following points in mind:
•
You have until the 30
th
calendar day following your
filing of your hearing request to complete the
process. Up until the 30
th
day, the parties can meet
again to discuss further possibilities of resolving the
dispute. You also can discuss issues by phone or by
mail.
108
Important Reminder
Unless both the parent and
the district agree in writing
not to conduct the
resolution process, both
parties must participate in
the initial meeting. A party’s
failure or refusal to
participate in the initial
meeting could either
significantly delay the due
process hearing, or possibly
result in the dismissal of the
hearing request by the
hearing officer. In limited
circumstances, the refusal to
participate in the resolution
process can also result in an
order granting some of all of
the requested remedies in
the hearing request. Please
see 105 ILCS 5/14-8.02a(g-
20) for more information.
Important Reminder
If you and the district decide
to use mediation instead of
the resolution process, it may
delay the timeline for
completing the due process
hearing. Under federal law,
the timelines for completing
the hearing will not trigger
until the mediation has been
completed, even if the
mediation extends beyond
the 30-day timeline for
completing the resolution
process.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
•
Discussions during the resolution process are NOT
confidential. Unlike mediation, the discussions the
parties have during the resolution process are not
confidential and could be used as evidence during a
due process hearing. It is very important that you keep
this in mind when deciding to go forward with the
resolution process.
•
You can continue to explore settlement of your
dispute after the close of the resolution process. Even
if you do not reach an agreement before the end of the
30-day timeline for the resolution process, you can
continue to discuss possible solutions to the dispute
with the district up until the actual due process hearing
has begun. However, if you reach an agreement after
the 30
th
day, the rules applying to written agreements in
the resolution process (see below) will not apply
unless your hearing officer has ordered an extension of
the timeline for the resolution process.
Resolution Agreements
So, what happens if you reach an agreement with the
district on the issues that led to your hearing request? Any
agreement you reach with the district during the
resolution process must be put in writing. Also, the
agreement must be signed by you and the district
representative for the agreement to be valid.
One aspect about a resolution agreement that you need to
remember is that you have up to three business days (i.e.,
Monday through Friday except for state and federal
holidays) to void the agreement. This means that you can
choose, essentially, to erase or invalidate the agreement so
long as you advise the district of this decision in writing. If
you choose to do so, the agreement will have no effect.
Please remember these important points about resolution
agreements:
•
Try and ensure the agreement is detailed about
everything needed to resolve the dispute. When
writing up the agreement it is important to make sure
109
Worth a Look
The rules on agreements
reached through the
resolution process can be
found at 34 CFR 300.510(d)
and (e).
Important Reminder
Either party can revoke the
terms of a resolution
agreement so long as it is
done in writing within 3
business days of the
agreement.
Illinois State Board of Education, August 2020
Setting the Stage: The Pre-Hearing Conference
that the agreement describes in detail what you and the
district need to do and when it needs to be completed.
For example, if a new IEP needs to be written to provide
more speech services to your child, the agreement
should describe how much service the district will
provide in the IEP and when the IEP meeting needs to
occur.
• The agreement is legally enforceable. Assuming that
neither you nor the district has exercised your right to
void the agreement within three business days, the
agreement is a legally binding agreement on both you
and the district. This means that if needed, you can go
to court (either state or federal) and ask a judge to
enforce the agreement if something is not being done,
or something is being done incorrectly.
Setting the Stage: The Pre-Hearing Conference
If you cannot reach an agreement in the resolution process,
the hearing procedures will go forward at the 30
th
day or at
whatever earlier date the parties agree to terminate the
resolution process. If this happens, the hearing
procedures will begin. Under Illinois law, the hearing
officer must render a decision in the case within 45
calendar days of the start of the hearing procedures unless
extensions of time have been ordered by the hearing officer.
The hearing officer can only grant extensions of time at the
request of one party or the joint request of both parties.
The next major step in the process concerns a meeting called
the pre-hearing conference. This is a meeting run by the
hearing officer in order to outline how the hearing will be
conducted, what the issues will be, who will likely be called
as witnesses, and what documents each side is likely to use
as evidence at hearing. The hearing officer will schedule the
pre-hearing conference with you and the district in advance
and will provide you with a written notice of the time and
location of the meeting. It is also common for such meetings
to be conducted by phone.
After you file your hearing request with the district, you will
receive a packet of information from ISBE that includes
110
Worth a Look
The rules guiding the
procedures for the pre-
hearing conference can be
found at 105 ILCS 5/14-
8.02a(g-40).
Important Reminder
Extensions of time to
complete the hearing may be
granted by the hearing of-
ficer if one party requests a
delay in the hearing. How-
ever, if both sides submit a
joint request for an exten-
sion of time, the hearing of-
ficer must grant it. See 105
ILCS 5/14-8.02a(h) and 23
IAC 226.640(b).
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
information on the pre-hearing conference and how to
prepare for it. Once the hearing officer has set the date for
the pre-hearing conference, you should review the
materials you receive from ISBE carefully in order to
prepare for the conference. The hearing officer will inform
you about any deadlines associated with the pre-hearing
conference and when you will need to submit information
to the hearing officer and the district.
When preparing for the pre-hearing conference, it is
helpful for you to keep a few things in mind:
•
Be prepared! Make sure you have met the deadlines of
the hearing officer and that you have done a thorough
job providing the hearing officer with the information
requested. Before the pre-hearing conference, it is
always a good idea to sit down and review your pre-
hearing conference materials so you are prepared to
address any questions the hearing officer may have.
•
Are the issues I raised in my hearing request clear? It
is not uncommon for the hearing officer to ask for
clarification about the issues in the case. In order to be
ready to answer such questions, it is a good idea to re-
read your hearing request and ask yourself whether a
person who doesn’t know about your situation would
understand what you said in your hearing request.
•
Do all the witnesses I plan to bring to the hearing
have something relevant to say? Often, questions will
be raised about why one or more of your witnesses are
being called by you. Be prepared to describe to the
hearing officer what the witnesses will likely discuss at
the hearing and whether the witness’s testimony is
relevant to your issues.
•
Are all the documents I am thinking about submit-
ting at the hearing relevant to my case? In the same
manner as witnesses, questions may also be raised
about whether some of the documents you may use at
hearing are relevant to the issues in your hearing re-
quest. You may need to explain the relevance of one or
more documents during the conference.
111
Illinois State Board of Education, August 2020
The Big Event: The Due Process Hearing
The Big Event: The Due Process Hearing
At your pre-hearing conference, the hearing officer will set
a final date for the hearing to take place. At the earliest, the
hearing will take place 14 days after your pre-hearing
conference, but the hearing officer can set a later date if the
timelines permit. It is not uncommon for the hearing officer
to set more than one day for the hearing, especially if there
is a large number of issues the hearing officer must decide.
Hearings usually take place at the administrative offices of
your local district, but occasionally they can occur at other
locations if the hearing officer decides there is a good
reason for holding the hearing in another place. Follow the
hearing officer’s guidance on where to be seated in the
room.
Under normal circumstances a due process hearing is a
“closed” event. In other words, it is not a meeting that can
be attended by persons other than persons directly
involved in the hearing. However, parents have the right to
request an “open” hearing. By making the hearing “open”
other persons (including members of the public) may at-
tend (but not participate in) the hearing.
From the moment the hearing begins, you will notice a
great deal of formality similar to being in a court of law.
The formality is essential to ensure the hearing runs
smoothly and efficiently. In cases where parents request
the hearing, the typical order of a hearing is as follows:
» Parent Opening Statement
» District Opening Statement
» Parent Witnesses (with district cross-examination)
» District Witnesses (with parent cross-examination)
» Parent Closing Statement
» District Closing Statement
This order can sometimes vary if the hearing officer finds
that it is appropriate to do so. For example, if a witness
112
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
for the district has only very limited time availability, the
hearing officer can order the witness to go out of order to
ensure that the witness has a chance to testify.
From the beginning, you will note that a court reporter will
be present for the entire hearing. The court reporter is
responsible for taking down what everyone says “on the
record” throughout the entire proceeding. The court re-
porter will also be responsible for generating a complete
written transcript of the hearing that may be available to
the parties after the close of the hearing.
During the proceeding, each side will call witnesses to
give evidence about the case. Each witness will be
administered an oath by the hearing officer and is
obligated to tell the truth while under oath. Following the
initial questioning by the side who called the witness
(called “direct examination”), the other side is given a
chance to ask follow-up questions based on what the
witness said during the initial questioning (called cross
examination).
The hearing officer will close the proceeding at the end of
the presentations by both sides. At that time, the hearing
officer will also provide you and the district with in-
formation about when the hearing officer will issue a
decision. The Illinois School Code requires the decision to
be issued no more than 10 days, excluding Saturday,
Sunday, and any state holiday, following the close of the
hearing.
The Decision and Clarification:
The Final Step?
Within 10 days after the close of the hearing, the hearing
officer must issue the decision in the case. The decision will
be in writing, and a copy is sent both to you and to the
district. The decision itself can be a lengthy document. It
will outline the issues in the case, the evidence considered
by the hearing officer, a summary of the relevant law to the
case, and finally the decisions the hearing officer has made
when looking at the facts in light of the law.
113
Illinois State Board of Education, August 2020
Court Review of the Decision
The decision will outline what if anything that you and the
district will need to do in order to correct the situation. If
the hearing officer finds that your child has not received an
education that complies with the law and the regulations,
the decision will lay out the steps the district must follow
to correct the situation. Unless you or the district appeal
the decision to court (see below), the hearing officer’s
decision is binding on you and the district and can be
enforced in a court of law if necessary.
If you believe that something is unclear in the decision, you
do have a right to request (again, in writing) a clarification
of the decision. This is designed for you to obtain further
explanation from the hearing officer about the meaning of
the decision. The clarification does not, however, allow you
to ask the hearing officer to “reconsider” or change the
decision in any way. If you believe that the decision is
incorrect, it will be necessary for you to seek a review of
your case in a court of law.
Court Review of the Decision
If you are dissatisfied with the decision, the only way to
change the outcome is to appeal the decision to a court of
law. Most typically, such appeals are made in the United
States District Court, but an Illinois Circuit Court can hear
such appeals too.
It is not within the scope of this manual to describe in de-
tail how to pursue your appeal in a law court, but a
couple of things should be kept in mind if you want to
think about an appeal:
• The court action to appeal the decision MUST be
started within 120 calendar days of the date of the
decision. The courts keep very strict timelines on this.
Even an appeal that is filed one day late can (and often
is) dismissed by the court.
• The court appeal is even more formal than the due
process hearing. Because of the sometimes complex
procedures by which a court of law operates, it is
114
Worth a Look
In regular hearings, the
hearing officer is given 10
calendar days to issue the
decision. In expedited due
process hearings (see
Chapter 10), the hearing
officer is given 10 school
days to issue the decision.
See Section 14-8.02b of the
Illinois School Code. (105 ILCS
5/14-8.02b)
Worth a Look
The rules dealing with the
appeal of hearing decision to
a court of law are found at
105 ILCS 5/14-8.02(a)(i) as
well as 34 CFR 300.516.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 11: Conflict Resolution
probably even more essential for you to obtain legal
representation if you choose to appeal. Although you
can still represent yourself in court proceedings,
judges can sometimes be very strict in enforcing court
rules, even for unrepresented parties.
•
The court appeal often adds a lot of time to the
process. The court is not under the stricter timelines
that a due process hearing officer is, so an appeal often
takes much more time that the hearing itself. If a
further appeal to an appellate court occurs, it is not
unreasonable to expect a year or more to pass before
final resolution of the issues has occurred.
In other words, it is absolutely essential for you to think
over carefully (perhaps even more than the decision you
made to file a due process hearing request) whether
appealing your case to a court of law is the right option.
Conclusion: Conflict Resolution in a Nutshell
As we have discussed in this chapter, the ways of
resolving disputes range from very informal processes (for
example, one-on-one discussions with district
administration) to highly formal (for example, appeal of a
due process hearing decision to court). But whether
informal or formal, all of the processes described in this
chapter are designed hopefully to resolve issues and
disagreements that may arise between parents and
districts in the complex task of providing the child with a
free appropriate public education. Most disputes can be
resolved (and usually are) through the simple act of talking
through the issues and concerns with district personnel.
However, if this doesn’t happen, you certainly can (and
perhaps should) use one or more of the tools we have
outlined here.
115
116
Chapter 12:
Private Schools
In this chapter you will learn about -
• the definition of “private school”
• the rights and responsibilities of students and parents in
private schools
• placement in nonpublic facilities by school districts
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Overview of Private School Placement
Overview of Private School Placements
When thinking about private schools and special
education, it is important to understand the different
kinds of private school placements. In special education,
there are two common scenarios addressing the needs of
a student with disabilities in a private school:
1. Children who are placed in private schools (such as a
religious school) by their parents
2. Children who are placed in private schools by public
school districts.
Placement by a Parent on a Voluntary Basis
The first and most common situation involves students
whose parents voluntarily enroll them in private programs,
such as a religious school. Very often, such schools do not
focus on students with disabilities and may only have
limited support for students with disabilities. Still, parents
of students with disabilities may have some options
available to them to obtain additional support from the
public school district.
The Serving District
If a parent wishes to enroll a child in the public school, the
parent would look to the school district where the parent
lives to determine which school is responsible for
educating the child. In the case of a private school
student though, the parent must instead look to the
district in which the private school is located to determine
the district that will be responsible for providing special
education services to children with disabilities in the
private school.
Limited Services
One important point must be kept in mind in the case of
a student placed in a private school by the parents: the
services the student will receive in the private school
117
Worth a Look
The requirements for public
school districts to serve
students in private schools
are outlined at 34 CFR
300.130 through 300.144.
Illinois State Board of Education, August 2020
Chapter 12: Private Schools
will often be less than the services the student would
receive if the student was attending a public school with an
IEP. This is due to the fact that under federal law, districts
are only required to spend a portion of their federal special
education funds on students with disabilities in private
school. Called “proportionate share,” this sum is usually
much smaller than the overall funding a district can spend
on students with disabilities within the public schools.
Also, when proportionate share funds run out during the
school year, a district can choose to end services for the rest
of the school year.
IEP versus ISP
Unlike students in public schools, students with
disabilities in private schools are not entitled to an IEP.
Instead, districts will often provide an Individual Service
Plan (ISP) to students with disabilities who will be
receiving services from the school district during the school
year. An ISP is a much less detailed document that often
will only describe the types of service being provided, the
frequency of the services, and the location where those
services will be provided. If appropriate, the district might
also add a goal or short-term objective, but this is not
required in all cases.
Child Find and Evaluations
Unlike the issue of services, districts are obligated to
conduct Child Find in the same manner for families of
private school students as it would do with families of
public school students. The district cannot refuse to
undertake Child Find simply because the student attends a
private school. For more information on Child Find, please
review Chapter 1 (Child Find).
In addition, if a district determines that a student in a
private school requires an evaluation to determine the
student’s eligibility for special education, the district
cannot refuse to perform the evaluation or any required re-
evaluations later. The district will also be expected to
conduct the eligibility conference to review the evaluation
118
Important Reminder
If a student with a disability
attends a private school and
will be receiving services
from the public school, the
student’s services should be
outlined by the district in an
Individual Service Plan (ISP)
rather than an IEP. An ISP is a
far more limited document
than an IEP and will likely
contain fewer parts than
would be found in an IEP.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Placement by a Parent on a Voluntary Basis
and to determine if the student should be made eligible
for special education. For more information on
evaluations and eligibility, please review to Chapter 3
(Referral and Evaluation) and Chapter 4 (Eligibility
Categories).
To find out what kinds of service a school district will be
providing to private school students, a parent should
contact the administrative offices of the district where the
private school is located. District administration will be
able to provide parents with an outline of the services, as
well as information on how to contact the district about the
Child Find and the evaluation process.
In addition, the district may periodically invite parents to
attend a meeting called “Timely and Meaningful
Consultation,” sometimes simply called TMC. Such a
meeting is required to take place in every district in which
a private school is located throughout Illinois. The
meeting is typically held annually (although districts can
conduct them more frequently or if circumstances might
require an additional meeting). TMC meetings must,
under federal rules, involve representatives of the private
schools as well as “parent representatives” of private
school students. These meetings will typically outline the
amount of “proportionate share” funding the district has
for the school year as well as the types of service the
district plans on providing that year.
Complaints and Due Process
Parents of private school students have limited grounds to
file complaints with ISBE or to request a due process
hearing. If a parent of a private school student wishes to file
a complaint, federal rules state that the parent is limited to
filing a complaint regarding the way the district conducted
the TMC process described in the previous subsection and
the district’s failure to meet other federal requirements
described above. Federal rules also limit the grounds on
Learning About the Services Offered by the District
119
Important Reminder
Parents of private school stu-
dents have limited rights to
request a due process hearing
or to file a state complaint.
Make sure the issue can be
heard or investigated before
filing a complaint or due
process hearing request.
In the area of due process,
parents may only file a
hearing request to determine
the general issue of whether
the student is or is not eligible
for special education.
Disputes over the type of
disability (e.g., whether the
student should be LD as
opposed to ED) are not
generally a basis for filing a
hearing request when dealing
with private school students.
Illinois State Board of Education, August 2020
N N Facility Discipline Procedures
119
Chapter 12: Private Schools
which parents can file for due process. Under these rules, parents
may only file for due process to challenge a district’s decision
either to find (or not find) a student eligible for special education
services of any kind (see “Important Reminder” for more
information). For further information on filing a state complaint
or a request for a due process hearing, please review Chapter 11
(Conflict Resolution).
Placement by a Public School District
As you may have read in Chapter 7 (Least Restrictive
Environment), an IEP team may decide that a child should be
placed in a special education nonpublic private facility. This
means that the IEP team has determined that the public school
the child was attending can no longer offer services that match
the student’s needs, either educationally or emotionally, and the
child would benefit from being educated in a separate school
setting.
In these situations, the private schools in question are schools
with a specific expertise in working with students with
disabilities. Some programs focus on only one disability, such
as an emotional disability, while others will focus on multiple
disabilities, including autism spectrum disorder, intellectual
disability, and other health impairments.
The student’s home district must ensure that the student’s IEP
can be implemented completely in the nonpublic program. The
private school is, in a sense, an extension of the public school
because the student’s program in the private school is guided by
what the IEP requires. The student’s home district remains
responsible for writing the student’s IEP and ensuring the
student reaches his or her IEP goals. The home district and
nonpublic program together are responsible for making sure
the student’s special education needs are being met.
From the point of view of the parent, there isn’t any real
difference between the rights the parent has with regard to the
IEP. The IEP must be reviewed at least annually and the parent
has the full right to participate in all IEP meetings. In fact, there
are few, if any, differences between the rights a parent has when
dealing with a district placement in a private school and the
rights the parent has when the placement is in a public program.
120
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 12: Nonpublic Facility Discipline Procedures
For the student, however, a special education nonpublic
facility can offer unique supports and services that are
often not found in the public school such as intensive
behavioral supports, therapeutic settings, and smaller
class sizes. These facilities provide opportunities for social
and emotional growth and a parallel curriculum so
students can be reintegrated back into their home school
districts.
Nonpublic Facility Discipline Procedures
As explained in Chapter 10 (School Discipline), there are
times when extreme behavioral situations occur in
schools, public or nonpublic, during which a student may
pose a threat to self or to others, and school staff must react
swiftly and appropriately. In special education nonpublic
facilities, discipline and behavior management techniques
may differ from public school systems. Discipline
guidelines in all schools, including special education
nonpublic facilities, are required to follow specific laws
related to the use of physical restraint and time out.
Each special education nonpublic facility must develop its
own behavior policy that must be approved by ISBE before
students can attend the school. Parents and/or guardians
must be given a copy of the special education nonpublic
private facility’s behavior policy prior to their student’s
enrollment.
Physical Restraint
Physical restraint is holding a student or restricting a
student’s movements. The application of physical
restraint is permitted if the student poses a physical
risk to himself, herself, or others; there is no
possibility of a medical consequence to its use; and
the staff applying the restraint has been trained in its
safe application.
Tips for Parents
When physical restraint or time
out is used, parents or
guardians must be notified in
writing within 24 hours.
121
Illinois State Board of Education, August 2020
N N Facility Discipline Procedures
119
Chapter 12: Nonpublic Facility Discipline Procedures
Students should never be controlled by physical
restraint as a disciplinary measure, a form of
punishment, a response to the use of profanity, or for
making a verbal threat, unless the student
demonstrates the means or intent to carry out the
threat. Physical restraint should be used as a last
resort in the behavior management of a student and
is not meant to inflict or cause pain to the student.
During a supine physical restraint incident, one staff
member with required credentials must watch the
student during the entire time of the supine restraint
for signs of pain while the other credentialed staff
member applies the physical restraint. The physical
restraint must end as soon as the threat of serious
harm ends, or for no longer than 30 minutes. If, after
30 minutes, there is still a risk of life-threatening
behavior or if an additional event happens in the
same day, a school administrator (in meeting with a
psychologist, social worker, nurse, or behavior
specialist) may allow the extension of the physical
restraint or an additional supine restraint. Only a
school administrator can give permission for an
additional restraint. Please see 23 IAC 1.285 for more
specific information.
The use of anything other than physical restraint
(other than hands-on holds) is prohibited in Illinois.
Medical, chemical, and mechanical restraints for
the purposes of maintaining discipline or
controlling behavior are strictly prohibited.
A student should be released immediately from
physical restraint upon determination by the staff
member administering the restraint that the
student is no longer in imminent danger of causing
physical harm to himself, herself, or others.
Tips for Parents
If a student experiences three
instances of time out or
physical restraint, a review of
the effectiveness of these
interventions will occur that
will include the student’s
parents/guardians, the school
district, and any staff from the
special education nonpublic
facility who serve the student.
Tips for Parents
Any adult who is supervising a
student in timeout or using
physical restraint must be
trained in de-escalation,
restorative practices, and
behavior management.
Important Reminder
The application of physical
restraints is only permitted
if the student poses a
physical risk to himself,
herself, or others; there is
no possibility of a medical
consequence to its use; and
the staff applying the
restraint has been trained in
its safe application.
122
Time Out
Time out is a behavior management technique that
involves the monitored separation of a student
from classmates with a trained adult for part of the
school day, usually for a brief time, in a non-locked
setting. The area where the time out occurs is
subject to specific building requirements, and it
must be free of any objects that a student could use
to harm self or others. A trained adult must always
remain in the room with the student during the
time out. If, however, the trained staff person
perceives that he or she is in imminent danger
from the student, the staff person may leave the
room but must remain within two feet of the time
out room during the time out. If the enclosure has
a door, it must remain unlocked during the time
out, and the door must never be blocked in any
way.
A student must not be kept in time out for longer
than therapeutically necessary. To prevent this,
students must be evaluated at least every 15
minutes during a time out by a trained adult to
determine whether the student has stopped the
specific behaviors the time out was used for.
Important Reminder
A time out should never
involve the placement of a
student in seclusion. The
student should not be left
alone during a period of time
out.
An isolated time out is
permitted, however, only when
there is a threat to the safety
of the staff person with the
student
Important Reminder
All Illinois schools are required
to complete a form designated
by ISBE any time they use a
physical restraint or time out.
Illinois schools have a 48-hour
window to complete these
forms and submit them to
ISBE. The form can be located
at
https://www.isbe.net/Docume
nts/11-01-Physical-Restraint-
Time-Out-Form.pdf
124
Chapter 13:
School Records
In this chapter you will -
• learn how to examine and correct information in the
student’s file
• learn about parent consent for Medicaid and private
insurance purposes
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Reviewing and Copying Records
Worth a Look
The following provisions pro-
vide relevant information on
the issue of student records:
The Illinois School Student
Records Act: 105 ILCS 10/1
et seq. (23 IAC 375 - Student
Records) and the following:
34 CFR 300.306
34 CFR 300.322
34 CFR 300.613
Reviewing and Copying Records
Parents have the right to see and read their child’s
educational records. Upon receiving a request, the school
district must make your child’s records available to you
within 10 business days. A five-day extension of this deadline
is possible under certain terms outlined in 105 ILCS 10/5.
The school district may charge a reasonable fee for copies
of the record; however, if you cannot afford the fee, you still
have the right to review and receive a copy of the records
[23 IAC 375.50(b)]. Parents are to be provided a copy of
evaluation reports and documentation of determination of
eligibility upon completion of the administration of
assessments at no cost [34 CFR 300.306(a)(2)]. Parents must
be allowed access to any education records relating to their
child that are collected or maintained by the school [34 CFR
300.613].
Challenging Your Child’s Records
Parents can request that the district add, remove, or change
information in the student file (23 IAC 375.90).
Parents should submit a written request to the school district
that explains their concerns. The request should be sent to
the superintendent.
When dealing with a request to add, change, or remove a
student record, a parent needs to do the following:
• Make sure you understand what the records say.
• Talk to the school principal or district superintendent
about the problem.
• Write a letter about what you want and ask for a
written answer.
If the problem is not resolved to the parent’s satisfaction,
the parent may request a “Records Hearing,” which is
different from a due process hearing, through your local
school district to resolve the issues. Regardless of the
outcome of the hearing, parents may put a note or letter in
125
Illinois State Board of Education, August 2020
Chapter 13: School Records
their child’s school record to explain their point of view.
Age of Majority
The rights of parents concerning education records are given
to the student at age 18 unless parents have obtained
guardianship or the student provided written consent for
parental access. This means that if there is no guardianship
established, an 18-year old student must sign a waiver
permitting the parent to review the school records.
Medicaid and Insurance:
Parent Consent/Student Records
A school district may use Medicaid payments to assist in
paying for the services a special education student receives.
Prior to accessing a child's or parent's public benefits or
insurance for the first time, and after providing notification
to the child's parents, the school district must obtain
written, parental consent that -
• Specifies the personally identifiable information that
may be disclosed.
• Indicates the purpose of the disclosure.
• Identifies the agency to which the disclosure may be
made.
• Specifies that the parent understands and agrees that
the school district may access the parent's or child's
public benefits or insurance to pay for services (34
CFR 300.154(d)(2)(iv)).
Prior to accessing a child's or parent's public benefits or
insurance for the first time, and annually thereafter, the
school district must also provide written notification to
the child's parents, that includes –
• A statement of the parental consent provisions listed
above.
• A statement of the “no cost” provisions in 34 CFR
300.154(d)(2)(i-iii).
126
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Medicaid and Insurance: Parent Consent/Student Records
• A statement that the parents have the right to
withdraw their consent for disclosure of their child's
personally identifiable information to the Illinois
Department of Healthcare and Family Services (HFS)
at any time.
• A statement that the withdrawal of consent or refusal
to provide consent to disclose personally identifiable
information to HFS does not relieve the school district
of its responsibility to ensure that all required services
are provided at no cost to the parents (34 CFR
300.154(d)(2)(v)).
The information the school district provides to the HFS is
subject to the Illinois School Student Records Act (105 ILCS
10/1 et seq.) and the Family Educational Rights and Privacy
Act (FERPA) (20 USC 1232g). This information includes the
child’s name, the types of services provided, and the dates
of services.
The district must have written consent from parents in
order to use their private insurance. Services required by
an IEP must be provided at no cost to the child’s parents,
whether they have public or private insurance. Parents
shall be notified that the use of their private insurance
proceeds to pay for services is voluntary. In the case of a
child who is dually insured (through private insurance and
Medicaid), a family shall not be required to draw upon
private insurance when use is a prerequisite to billing
Medicaid if that use of insurance will result in financial
costs to the family (23 IAC 226.770).
127
128
Chapter 14:
Early Childhood Services
In this chapter you will -
• learn about early childhood services and the transition
from early intervention
• learn the difference between an IFSP and an IEP
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Early Childhood Special Education Services
Early Childhood Special Education Services
The school district is required to provide a free
appropriate public education for all children with
disabilities who are ages 3 through 21. Parents of preschool
children who need, or are thought to need, special
education and related services have the same rights as
other school-age children. Special education and related
services must begin on the child’s 3
rd
birthday for children
served in an early intervention program or for those
children referred for an evaluation 60 school days before
their third birthday and found eligible. If the child’s 3
rd
birthday occurs during the summer, the IEP team will
determine when the school district’s services to the child
will begin, but they must begin no later than the first day
of the school year.
There is no automatic eligibility for Early Childhood
special education services. Parents, school personnel, and
others should work together to determine if the child is
eligible to receive special education services.
Transition from Early Intervention
All children in Early Intervention (EI) services are entitled
to a smooth and effective transition by their 3
rd
birthday.
The transition process begins when the child is 2 years, 6
months of age. Transition begins this early because it gives
parents and early intervention, school, and other early
childhood professionals time to meet, share information,
and plan.
When the child is 2 years, 6 months of age, the EI service
coordinator will ask the parent to sign consent so a
referral packet can be sent to the local education agency
(LEA). The service coordinator should be notified if the
parents want the child’s information sent to other pre-
school programs in the community. The child’s referral
packet will be sent after the parents sign for consent.
Without the consent, the service coordinator will not be
able to send the packet, and the child’s transition process
will be delayed. If the parents have concerns or questions
129
Illinois State Board of Education, August 2020
Chapter 14: Early Childhood Services
about sharing information, they may want to discuss those
concerns with a parent liaison or service coordinator.
Parents may want to start the transition process before the
child is 2 years, 6 months if they have any of the following
concerns:
• They feel they need for more time to plan.
• Their child will turn 3 during the summer.
• Their child has complex medical needs.
If parents would like to start transition earlier, they should
speak with their service coordinator as soon as possible.
When the child is 2 years, 9 months of age, the service
coordinator will hold a Transition Planning Conference
that will include parents, the service coordinator, and a
school district representative. Parents may want to invite
other professionals, family members, or representatives
from community programs. The Transition Planning
Conference is an opportunity for the parents to learn about
the school district and for the school district representative
to learn about the child. It is not a meeting for making
decisions about eligibility or services or for determining
where the child might go to school.
The school district or special education cooperative
representative will contact the parents about participating
in a Domain Review after the Transition Planning
Conference. The purpose of a Domain Review is to figure
out if additional information is needed before the IEP team
can determine if the child is eligible for early childhood
special education services. The domain form is used to
keep track of the Domain Review. This form can be filled
out at a meeting the parents attend with other IEP team
members. It may also be filled out by the child’s IEP team,
and one team member may then review the form with the
parent. The domain form is also called the Identification of
Needed Assessments form.
Even though the parents and the child may have received
services through Early Intervention, there is no automatic
130
Important Reminder
If it is determined that a child
is eligible for early
childhood special education
service, the IEP or IFSP for the
child must be in place on or
before the child’s 3
rd
birth-
day. Consideration for early
childhood services should
typically begin by the time
the child reaches age 2½.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
IFSP/IEP
eligibility for early childhood special education services.
Parents will be involved in helping the school district or
special education cooperative gather needed information to
help determine if the child is eligible through the
evaluation process. It is very helpful for parents to share
information about the child with other IEP team members.
Parents know what their child has learned, what the child
likes and dislikes, and how the child likes to play.
When parents sign consent, their child’s evaluation process will
continue. The evaluation is individualized for the child.
Evaluations can be conducted by one person or a team of
professionals at the child’s home, preschool, or school district.
The evaluation procedures for special education used for
preschool-aged students are the same that would be used for
elementary or high school students as part of the effort to
determine if the child has a disability that would impact the
child’s ability to learn and develop academically.
When the evaluation has been completed, the IEP team will
meet to discuss the results of the evaluation which may show
the child has a disability which would adversely affect
educational performance. If the child is found to have such a
disability, the IEP team will decide if the child needs special
education and related services. If these services are needed, the
IEP team will either prepare an IEP for the child at that meeting
or schedule another time for everyone on the IEP team,
including the parents, to meet to develop the IEP.
The IEP (or IFSP) must be developed and services must be
in effect beginning on the child’s 3rd birthday. The type,
amount and location of special education services provided
must be based on the child’s needs. The law requires that
preschoolers receive their services together with children
without disabilities, to the maximum extent appropriate.
The child’s special education and related services can be
delivered in a variety of different settings. Some of those
settings could be community preschool or child care pro-
grams, park district preschools or programs, Head Start,
state-funded pre-kindergarten or Preschool for All
programs, or an early childhood special education
Worth a Look
For more information about
early childhood special
education, ISBE and the
Department of Human
Services offer a booklet
titled, When I’m 3, Where
Will I Be? A copy of this
booklet can be found at
https://www.dhs.state.il.us
/OneNetLibrary/27897/doc
uments/CHP/EI_Workbook/
Transitions.pdf
131
Worth a Look
Please refer to Chapter 3 on
“Referral and Evaluation” for
a fuller discussion about
evaluation procedures.
Worth a Look
To learn more about
the Least Restrictive
Environment (LRE) in
preschool, go to the Early
CHOICES website.
http://www.eclre.org/good-
to-know/understanding-
lre.aspx
Illinois State Board of Education, August 2020
IFSP/IEP
program provided by the school district.
Individualized Family Service Plans
(IFSPs) and IEPs
The Individualized Family Service Plan (IFSP) may be used
for a preschool child who is transitioning from early
intervention and is found eligible to receive special
education services. If an IFSP is used, it must meet all the
content requirements of an IEP and must be developed
during a meeting in which the required participants are in
attendance. In using the IFSP, the local school district must
provide a detailed explanation of the differences between
an IFSP and an IEP and obtain informed, written consent
from the parent for the use of the IFSP.
132
Educational Rights and Responsibilities: Understanding Special Education in Illinois
133
Chapter 15:
Section 504 of the
Rehabilitation Act of 1973
In this chapter you will -
• learn what is covered by Section 504 of the Rehabilitation
Act of 1973
• understand how to file a complaint
• learn the truth behind common myths about Section 504
Illinois State Board of Education, August 2020
Overview
Overview
In certain situations, a school district may be required to
offer support to students with disabilities under a
provision known as Section 504 which refers to Section 504
of the Rehabilitation Act of 1973, a federal law that
requires any person or agency receiving federal money to
have policies in place that prohibit discrimination against
persons with disabilities. Section 504 concerns more than
just education, but the important thing to remember is that
Section 504 applies to local school districts.
Section 504 can cover things that are also covered by IDEA,
as well as a few situations that are not covered by IDEA.
Section 504 deals with a much more general concept of
disability than is covered under IDEA. So, if a student has
a disabling condition that is not clearly covered under
IDEA, Section 504 may still cover it. An example is a
student who is temporarily disabled by an injury such as a
broken leg. Although the “disability” is not permanent, a
school district is still required under Section 504 to provide
“accommodations” that will allow the student to have
access to the school and its programs while the student
remains under the temporary disability of the broken leg.
Section 504 may also cover general access issues such as
wheelchair access and other types of physical barriers.
These issues also may be covered under the Americans
with Disabilities Act (ADA) but it is beyond the scope of
this guide to discuss the ADA in detail.
If a student is covered by Section 504, a school district must
provide the student with a “504 Plan” that describes what
the district will do support the student’s disability and
ensure that the student’s disability will not be a barrier to
the student’s access to school programs (which can include
things such as school assemblies, extracurricular activities,
etc.). It is important to note that a 504 Plan is a much more
general document than an IEP and will only contain a basic
description of what kinds of support the district will
provide to address the disability. If a school district does
not provide such support, a parent may file a complaint
with the U. S. Department of Education to have the
134
Worth a Look
The text of Section 504 of the
Rehabilitation Act of 1973 can
be found at 29 USC Sec. 794.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Chapter 15: Section 504 of the Rehabilitation Act of 1973
complaint addressed.
How to File a 504 Complaint
If a parent has a disagreement with the district’s 504 Plan,
he or she may ask if the district offers parents the
opportunity to participate in a “504 hearing.” A 504
hearing is a much less formal process than a due process
hearing and may be the only opportunity to discuss the
complaint with a school administrator. A school district is
not required to make a “504 hearing” process available to
parents.
Regardless, a parent who has a complaint about a 504 is-
sue may still file a complaint with the Office for Civil
Rights (OCR) of the U. S. Department of Education. If you
wish to file a 504 complaint in Illinois, you may direct a
written complaint to the following address:
U.S. Department of Education
Office for Civil Rights
John C. Kluczynski Federal Building
230 South Dearborn Street, 37
th
Floor
Chicago, Illinois 60604
(312) 730-1560
(800) 877-8339 (TDD)
(312) 730-1576 (Fax)
OCR.Chicago@ed.gov
Your complaint should be as detailed as necessary to
describe the issues you are experiencing and the facts about
the situation. OCR will conduct the necessary investigation
and if there is a violation of Section 504, OCR will order the
school district to take the necessary action to correct the
situation.
135
Worth a Look
For information on how to
file an OCR complaint and
to find an OCR complaint
form go to
https://www2.ed.gov/abo
ut/offices/list/ocr/complai
ntprocess.html
Illinois State Board of Education, August 2020
The 5 Common Myths About Section 504
Myth #1: 504 Equals IDEA
The Myth
If a student is eligible under Section 504, it is the same as
being eligible for special education.
The Truth
If a student is Section 504 eligible (but not eligible for
services as a special education student under IDEA), the
student and the family have fewer protections than in the
case of a special education student. For example, a 504
student is not entitled to an IEP, and the parents cannot
request a due process hearing in the case of a
disagreement with the district.
Myth #2: Temporary Is Not a Disability
The Myth
Students with temporary conditions (such as a broken
leg or an illness) are not eligible for 504 support.
The Truth
Section 504 covers both temporary and more long-term
conditions. Thus, if a student has a temporary disabling
condition due to, for example, an injury or surgery, the
district can provide the student with a 504 Plan to cover
the period in which the student’s activity is limited by the
temporary condition.
136
130
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Educational Rights and Responsibilities: Understanding Special Education in Illinois
131
134
137
Myth #4: 504 and ADHD
The Myth
A student has been diagnosed with Attention Deficit
Hyperactivity Disorder (ADHD). The student should be
supported by the district through a 504 Plan.
The Truth
There is nothing in the law or regulations that
requires a student with ADHD to be served as a 504
student. Students with ADHD may be eligible for
special education services (IDEA services) under the
categories of SLD, ED, OHI or other categories
depending on how the ADHD presents in the school.
Myth #3: 504 Means IEP
The Myth
If a student qualifies under Section 504, the district
is required to develop an IEP.
The Truth
Without being eligible under IDEA, a 504 student is
not eligible for an IEP. Instead, the student is entitled
to receive a “504 Plan.” A 504 Plan is usually a much
less detailed document than an IEP. Often, the 504
Plan will consist of a short description of
accommodations to address the student’s disability.
504 Plans often do not contain things that are usually
seen in IEPs such as goals, objectives, statements of
present performance levels, etc. However, this is not
to say that a 504 Plan cannot contain some of the
features of an IEP, where appropriate.
The 5 Common Myths About Section 504
132
The 5 Common Myths About Section 504
Myth #5: 504 and Refusal of Consent for IDEA Services
The Myth
A parent has refused to consent to place the student in a
special education program or has revoked consent for
ongoing special education services. The district may not
provide Section 504 accommodations as a result.
The Truth
Just because the parent does not consent to the
placement of a student in special education does not
mean that the student does not have disability for
purposes of Section 504. Section 504 can certainly
cover conditions that are also covered under IDEA. In the
event a parent refuses to consent to place a student in
special education or revokes consent for continuing
special education services, the district and the parent
may certainly consider developing a 504 Plan to provide
some support to the student even though the student
cannot be placed in special education.
138
132
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Educational Rights and Responsibilities: Understanding Special Education in Illinois
139
Chapter 16:
The Advisory Council on the
Education of Children with
Disabilities (ISAC)
In this chapter you will -
• learn the role of ISAC
• find out how to participate in an ISAC meeting
The Advisory Council on the Education of Children with
Disabilities (ISAC) is statutorily created by Section 14-3.01
of the School Code of Illinois. The purpose of the Council
is to -
•
advise the State Board of Education regarding rules
and regulations relating to the education of children
with disabilities and promulgated by the Board,
modifications or additions to county or regional
comprehensive plans, qualifications of due process
hearing officers, and procedures for the conduct of due
process hearings.
•
advise the General Assembly, the Governor, and the
State Board of Education on the unmet needs of
children with disabilities.
•
assist the State Board of Education in developing and
reporting data and evaluations which may assist the
U.S. Commissioner of Education.
•
comment publicly on rules and regulations proposed
by the state regarding the education of children with
disabilities and the procedures for distribution of
funds.
The role of ISAC is to be a proactive body, advising the
Governor, General Assembly, and the State Board of
Education on current issues relating to the education of
children and youth with disabilities. It is also the
responsibility of this Council to encourage new strategies
and technologies, while advocating high standards of
excellence throughout Illinois.
Meeting schedules, minutes, public participation guide-
lines and other information can be found at
https://www.isbe.net/Pages/Advisory-Council-
Education-Children-Disabilities.aspx
If you are interested in attending an ISAC meeting or pro-
viding either written or oral testimony, you may contact the
Special Education Services Department at (217) 782-5589 or
by writing to this address:
140
Worth a Look
More information about ISAC
and its activities can be found
at:
https://www.isbe.net/Pages
/Advisory-Council-
Education-Children-
Disabilities.aspx
Chapter 16: The Illinois State Advisory Council on the Education of Children with Disabilities (ISAC)
ISAC
c/o Illinois State Board of Education
100 North First Street
Springfield, IL 62777-0001
Illinois State Board of Education, August 2020
141
142
Appendix A:
Sample Letters for Parents
The following pages contain sample letters that can be used
when facing a number of situations described through this
guide. These letters are simply suggestions for the reader and
should be modified as needed to fit the reader’s individual
facts and situation.
If you have questions concerning the use of these letters,
please contact ISBE at (217)782-5589 or (866)262-6663 and ask
to speak with a consultant who can provide further
information.
143
Appendix A: Sample Letters for Parents
1.
Writing to Discuss a Problem
When might I want to write to my child’s school?
Sometimes your child may have a particular problem at school. You may have talked to
your child’s teacher about this concern. The two of you may have written notes back and
forth or talked on the phone. If it seems like nothing is happening to resolve your concern,
then you may want to write a formal letter. Perhaps the communication hasn’t been as
clear as you think. Maybe you feel that the seriousness of your concern isn’t fully
understood. By writing a letter, the school will learn that you consider the matter to be an
important one that needs to be addressed. You can write about any concern - an IEP issue,
a general education issue, school yard bullying, or the need to help your child with social
skills or behavior improvement. There are no rules as to the type of problem you can write
about. Any school problem is worth writing about if it is having a negative impact on your
child.
It is important to keep copies of all letters in your personal binder. It is also helpful to
hand deliver or to send certain letters via certified mail, return receipt requested, so that
you are certain the school received your letter. This is especially important when the
school must follow certain guidelines and follow specific timelines.
Note: The “cc:” at the bottom of the letter means you are sending a copy of your letter to
the people listed after the cc. If you write to the Director of Special Education about a
problem at your child’s school, you should copy the principal. If you write to the
principal about a problem, you should copy your child’s teacher or other staff involved
with your child. This follows the “chain of command.” It also lets people involved know
your concerns and that you are taking steps to resolve these concerns.
Always keep a copy of your letter for your own files.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
144
Letter to Discuss a Problem Your Child Is Having at School
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Today’s Date
Name of Principal
Name of School
Street Address
City, Illinois Zip Code
Dear (Principal's Name):
In this paragraph say who you are and give your child's full name and his or her current class
placement. Say something positive about your child's situation here before you state your
reason for writing.
BRIEFLY explain why you are writing. Give relevant history and facts that support your
concerns. (For example, your 3rd grader is struggling in school and you want to ask for help.
You might say that your child's school work has been getting worse throughout the year. That
fact is relevant. Talking about something from your child's infancy probably isn't.)
In this paragraph state what you would like to have happen or what you would like to see
changed. You may BRIEFLY say what you would not like, or what has been tried and not
worked. However, spend most of this paragraph saying what you want for your child.
Explain what type of response you would prefer. For instance, do you need to meet with
someone, do you want a return letter, or would you prefer a phone call?
Finally, state that you look forward to hearing from the person soon or give a date ("Please
respond by the 15
th”
).
Thank you for your attention to this matter.
Sincerely,
Your Name
cc: Your child's teacher
Other staff
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Appendix A: Sample Letters for Parents
146
145
Appendix A: Sample Letters for Parents
2.
Requesting an Initial Evaluation for Special Education Services
When would I request an evaluation for special education services?
If your child has been consistently struggling in school, his or her problems may be due
to a disability. If the school thinks your child may have a disability, they will contact you
to request your written permission to evaluate your child. Under the IDEA, you also have
the right to ask the school to evaluate your child. The purpose of the evaluation is to see
if he or she has a disability and needs special education services. This evaluation is free
of charge.
If your child has been identified by your doctor or other professionals as having a
disability, you will want to include this information in your letter to the school. You
should also provide copies of any reports you have received that explain your child’s
condition. If you decide to write the school and ask that your child be evaluated, here’s an
example of what you may want to say.
Note: If your child has been identified as having a disability by professionals outside the
school system, add the following sentence to the end of the first paragraph in the letter that
follows.
(Child’s name) has been identified as having (name of disability) by (name of profession-
al). Enclosed is a copy of the report(s) I have received that explains (child’s name)
condition.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
147
Letter to Request an Initial Evaluation for Special Education Services
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Today’s Date
Name of Principal or Special Education Administrator
Name of School
Street Address
City, Illinois Zip Code
Dear (Principal's or Administrator's Name):
I am writing to request that my son/daughter, (child's name), be evaluated for special education
services. I am worried that (child's name) is not doing well in school and believe he/she may
need special services in order to learn. (Child's name) is in the ( ) grade at (name of school).
(teacher's name) is his/her teacher.
Specifically, I am worried because (child's name) has some problems at school. (Give a few
direct examples of your child's problems at school).
We have tried to help (child's name). (If you or the school have done anything extra to help
your child, briefly state it here).
I understand that I have to give written permission in order for (child's name) to be evaluated.
Before the evaluation begins, I have some questions about the process that I need to have
answered. (List any questions you may have).
I would be happy to talk with you about (child's name). You can send me information or call
me during the day at (daytime telephone number). Thank you for your prompt attention to my
request.
Sincerely,
Your Name
cc: Your child's principal (if the letter is not addressed to the principal)
Your child's teacher(s)
147
Appendix A: Sample Letters for Parents
3.
Requesting an Independent Educational Evaluation (IEE) at Public Expense
The IDEA gives you the right to have your child evaluated independently. This means you
have the right to have your child evaluated by someone other than staff who work for the
school system. The purpose of the evaluation is to see if your child has a disability and, if
so, what his or her special needs are. In some cases, you may pay for an Independent
Educational Evaluation (IEE). In other cases, the school system may pay for it. If the school
system pays for the IEE or sees that the IEE is done at no cost to you, this is known as an
IEE at public expense.
Why would I want to request an Independent Educational Evaluation (IEE) at public
expense?
Sometimes a family may feel that the results of the school’s evaluation do not accurately
describe their child. Some parents may want additional academic tests or medical exams,
or they may be interested in having evaluations done in skill areas the school staff did not
test. Parents can choose to have their child tested outside the school system, for these or
other reasons.
However, if you want the school to pay for an Independent Educational Evaluation, you
will need to make your request BEFORE any independent testing is done. Some reasons
you may want to request an independent evaluation include:
• You believe the original evaluation was incorrect.
• The original evaluation was not done in your child’s native language.
• You believe that the original evaluation was incomplete and additional tests are need-
ed.
• The evaluation was not done with the needed accommodations (for example, in Braille
or administered by someone who knows sign language).
The school system may agree to your request and pay for the IEE. On the other hand, the
school system may deny your request and ask for a due process hearing to show that its
own evaluation was appropriate. You will have the chance at this hearing to state your
reasons why the school system should be required to pay for the IEE. An impartial third
person (called a hearing officer) listens to and reviews the evidence. This individual then
decides if the school system must pay for an independent evaluation. If the hearing
officer decides in favor of the school system, you may still obtain an independent
evaluation, but you must pay for it. The results of the IEE must be considered by the school
in any decision made regarding your child’s free appropriate public education.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Letter to Request an Independent Educational Evaluation at Public Expense
Appendix A: Sample Letters for Parents
148
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Person to Whom You Are Writing (e.g., Superintendent, Director of Special Education,
Principal, etc.), Title
Name of School or District
Street Address
City, Illinois Zip Code
Dear (Name):
My son/daughter, (child's name) is in the ( ) grade at (name of school) in (teacher's
name) class. He/She was evaluated for special education services in (month/year). I am writing to
request an Independent Educational Evaluation at public expense for the following reasons.
(BRIEFLY list your reasons. Be very specific. For example, you may choose from the following
starting statements.)
"I disagree with the evaluation results because . . ."
"The evaluation should have included . . ."
"An evaluation should have been done in the area of . . ."
I would like an Independent Educational Evaluation to be done as quickly as possible so that we can
fully address (child's name) needs. Please respond as soon as possible and send me copies of the
school's guidelines for this. My daytime telephone number is (give your phone number).
Thank you.
Sincerely,
Your Name
cc: Your child's principal (if the letter is not addressed to the principal)
Your child's teacher
149
Appendix A: Sample Letters for Parents
4.
Requesting Your Child’s Records
The IDEA gives you the right to look at all of your child’s education records. This includes
records about his or her identification, evaluation, educational placement, and special
education program. You also have the right to ask the school to explain and interpret the
records for you. You may ask the school to give you a copy of your child’s records. They
may charge you a reasonable fee for making a copy.
What might be some reasons to request copies of my child’s school records?
School records contain valuable information about your child’s strengths and areas of
need. These records can provide a formal way of communicating between the
professionals at your child’s school, you, and other professionals who may work with your
child. Here are some reasons you might have for requesting a copy of your child’s records:
• Reviewing records lets you be sure that the records are correct and contain all
necessary information.
• When your family is moving to a new school district, records may need to be sent.
• When you are taking your child for an independent evaluation, copies of past records
may be useful.
• The records may help the staff at other programs your child attends (like camp,
tutors, or in-hospital schools) design their activities.
• Postsecondary programs may need to see copies of your child’s records.
• It’s a good idea to have a copy for your home files, especially if your child is finishing
school.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Letter to Request Your Child’s Records
Appendix A: Sample Letters for Parents
150
YourName Your Add
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Person to Whom You Are Writing (e.g., Superintendent, Building Principal, etc.), Title
Name of School or District
Street Address
City, Illinois Zip Code
Dear (Name):
I am writing to schedule a time to come and review all of my child's records. My son/daughter, (child's
name), is in the ( ) grade at (name of school) in (teacher's name) class. I will also need copies of some
or all of these records.
Please let me know where and when I can come in to see the records. I need these records by (date).
You can reach me during the day at (give your phone number).
I look forward to hearing from you soon. Thank you for your assistance.
Sincerely,
Your Name
151
Appendix A: Sample Letters for Parents
5.
Requesting a Meeting to Review the Individualized Education Program (IEP)
If your child is receiving special education services, he or she must have a written plan
known as an Individualized Education Program (IEP). The IEP lists, among other things,
annual goals and objectives for your child and it also lists the special education and
related services that he or she will receive. You are a member of the team that writes your
child’s IEP. As an IEP team member, you can ask that your child’s IEP be reviewed and
revised, if needed.
Why might I ask for a review of my child’s IEP?
Some reasons for requesting an IEP review include:
• Your child has met one, or several, of the goals written in the IEP.
• Your child does not seem to be making enough progress toward one, or several, of the
goals written in the IEP.
• You feel your child needs more services or other services in order to make progress.
• You feel that your child no longer needs a service he or she is currently receiving.
• Your child has experienced a major change, such as an illness, injury, or surgery.
• You feel that the supports and services written in the IEP aren’t being provided.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
152
Letter to Request a Meeting to Review the IEP
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Date
Name of Your Child's Special Education Teacher
Name of School
Street Address
City, Illinois Zip Code
Dear (Teacher's Name):
I am writing to request an IEP review meeting. I would like to discuss making some possible changes in
(child's name)'s IEP. I am concerned about (state your reasons, but don't go into detail about the specific
changes you want to make—save those for the meeting).
I would also like to have (names of specialists or other staff) attend. I think his/her/their ideas about the
changes we may need to make will be valuable.
I can arrange to meet with you and the other members of the IEP team on (days) between (give a range
of time, such as between 2:00 and 4:00). Please let me know what time would be best for you.
I look forward to hearing from you soon. My daytime telephone number is (give your phone number).
Thank you for your help.
Sincerely,
Your Name
cc: Specialists or other staff
153
Appendix A: Sample Letters for Parents
6.
Requesting a Change of Placement
Placement means where your child’s IEP is carried out. Depending on your child’s needs,
his or her placement may be in the general education classroom, in a special education
classroom, in a special school, in your home, in a hospital or institution, or in another set-
ting. Placement is based on the IEP; therefore, when you request a change in placement,
you are actually requesting an IEP review to discuss your child’s needs and where those
needs are met.
Why might I ask for a change in my child’s placement?
You might want to request a change in your child’s placement if you feel that your child’s
needs are not being met appropriately. For example, you may become concerned about
your child’s placement after reviewing your child’s progress reports; reviewing the
results of any state, district-wide, or alternate assessments your child has been given;
talking with your child’s teacher or other service providers; or talking with your child.
Placement concerns might also include:
• changes in your child’s needs
• current class size is too large or too small
• current class is too academic or not academic enough
• the placement does not meet your child’s social or emotional needs
• the building is too difficult for your child to get around
• any other reason that is interfering in your child’s success.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
154
Letter to Request a Change in Placement
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Principal or Special Education Administrator
Name of School
Street Address
City, State, Zip Code
Dear (Principal’s or Administrator’s Name):
I am writing to request a meeting to discuss a change in placement for my son/daughter, (child’s
name). He/she is currently in the ( ) grade in (teacher’s name) class. I feel he/she needs to be in
(name of alternative setting, if you know; otherwise describe the type of placement you feel is
more appropriate for your child, such as your neighborhood school, a center-based program,
general education class, or special class).
I am most concerned about (keep this paragraph brief and mention your child’s unmet needs, not
problems with individual people).
I would also like to have (name of teachers and/or any specialists you would like from the current
and/or requested placement) attend this meeting.
I can arrange to meet with the rest of the IEP team on (days) between (give a range of time, such
as between 8:00 a.m. and 10:00 a.m.). Please let me know what time would be best.
I look forward to hearing from you soon. My daytime telephone number is (give your phone
number). Thank you for your time.
Sincerely,
Your Name
cc: Your child’s principal (if letter is addressed to an administrator)
Your child’s teachers
Specialists or other staff
155
Appendix A: Sample Letters for Parents
7.
Requesting Prior Written Notice
What is prior written notice, and why would I want it?
There are certain times when the school must put in writing its decisions about your
child’s education and the reasons for those decisions. This written communication is
called prior written notice. You have the right to receive prior written notice, whenever the
school wants to (or refuses to) -
• evaluate your child.
• change your child’s disability identification.
• change your child’s educational placement.
• change the way in which your child is provided a free and appropriate public education.
The school system is supposed to automatically provide you with prior written notice in
any of these events. In practice, though, sometimes the school may tell you its decision
over the telephone, in a meeting, or in a one-on-one conversation. If you want the
notification in writing, you may ask the school system to provide it. It is best that you put
your request in writing.
For example, you may have asked for an IEE at public expense. The school system may
tell you on the phone that it has denied your request. You may ask for prior written notice
of this denial. The school must then put its decision in writing and explain the reasons for
the decision. This information can be helpful if you pursue the IEE through a due process
hearing. You will then have in writing the school system’s reasons for denying the IEE.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
156
Letter to Request Prior Written Notice
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Today’s Date
Name of Person to Whom You Are Writing (e.g., Director of Special Education, Case Manager,
etc.), Title
District or School Name
Street Address
City, Illinois Zip Code
Dear (Name):
At our meeting (or) during our phone conversation on (date), we discussed my child's
(evaluation, eligibility, placement, IEP, services, etc.). I requested ( ) and was denied (or) I
was told the school intends to ( ), but I have never received any information about this
decision in writing. In accordance with the IDEA regulations, I am requesting prior written notice
regarding (be very specific about the issue/decision you want the school to respond to. Bullet or
number the items.)
According to the IDEA, at 34 CRF 300.503, prior written notice must include the following:
• A description of what the school is proposing or refusing to do
• An explanation of why the school proposes or refuses this action
• A description of each evaluation procedure, assessment, records, or report the school
used as a basis for the proposed or refused action
• Information on how to obtain a copy of procedural safeguards available and a full
explanation of the safeguards
• Sources for parents to contact to obtain assistance in understanding of this part
• A description of other options that the IEP team considered and the reasons why those
options were rejected
• A description of any other relevant factors that went into this decision.
I look forward to receiving a detailed response to my request as soon as possible. Thank you for
your assistance.
Sincerely,
Your name
cc: The principal, supervisor, or special education administrator
157
Appendix A: Sample Letters for Parents
8.
Requesting Mediation
When would I make a request for mediation?
Mediation may be used if you have a serious disagreement with the school. In mediation,
you and school personnel sit down with an impartial third person (called a mediator). All
parties then try to reach an agreement. Mediation is voluntary though, and both parties
must agree to meet with a mediator. There are benefits to mediation, both for you and for the
school. Mediation agreements are binding and enforceable agreements.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
158
Letter to Request a Mediation
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Mediation Coordinator
Illinois State Board of Education
100 North First Street
Springfield, Illinois 62777
Dear Mediation Coordinator:
My son/daughter, (child's name), currently attends (name of school) and is in the ( ) grade in
(teacher's name) class. I am writing to inform you that the school and I are in disagreement
concerning (BRIEFLY state what the disagreement is about). We have been unsuccessful in
resolving this dispute, and I am requesting mediation so that we may resolve our differences.
I would like the mediation to be done as soon as possible. Please let me know when this can be
arranged and contact the Illinois State Board of Education to arrange this service. My daytime
telephone number is (give your phone number). Thank you for your assistance in this matter.
Sincerely yours,
Your Name
cc: Your child's principal
Your child’s teacher
Appendix A: Sample Letters for Parents 159
9. Informing the School that You Intend to Enroll Your Child in a Private
School at Public Expense
What do I do if I think my child’s placement should be in a private school?
In a very few cases, the most appropriate placement for a child is in a private school. When
this placement decision is made by the public school IEP team or placement group, the
public school pays the cost of the private school. Sometimes a parent may feel that a
recommended public school placement is not appropriate for his or her child. The parent
may reject that placement and decide to enroll his or her child in a private school. If you
find yourself facing this decision, and you want the public school to reimburse you for the
cost of the private school, there are several things you need to know.
•
A court or a hearing officer may require the school district to reimburse you if the
court or hearing officer decides that -
» the public school did not make a free and appropriate public education available
prior to your child’s enrollment in the private school, and
» the private placement is appropriate.
•
Your request for reimbursement may be reduced or denied before enrolling your
child in the private school if -
» at the most recent IEP meeting, you did not inform the school that you reject the
proposed placement and intend to enroll your child in a private school at public
expense, and
» at least 10 business days prior to removing your child from the public school, you
did not give the school written notice.
Here is an example of a letter you might send if you decide to enroll your child in a
private school and want the public school to pay for it.
Once you have sent this letter to the school, you will also need to make a request for a
due process hearing so that a hearing officer can decide whether or not the public school
must reimburse you for the costs of the private school.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Letter to Inform School of Private School Enrollment at Public Expense
Appendix A: Sample Letters for Parents
160
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Principal or Administrator
Name of School
Street Address
City, Illinois Zip Code
Dear (Principal’s or Administrator’s Name):
My son/daughter, (child’s name), is a special education student in the ( ) grade in
(name of teacher)’s class at (name of school). Recently, I attended a meeting to determine
(child’s name)’s school placement. I am writing to inform you that I reject the proposed
placement for (child’s name) and intend to enroll him/her in a private school at public expense.
At the most recent IEP meeting, held on (date), I informed the other team members of my
decision.
The reasons for my decision are as follows: (keep this section brief, list specifics about why you
believe the public school placement is not appropriate for your child).
(Child’s name) will be attending (name of private school) effective (date).
Should you wish to discuss this matter further, I can be reached at (give your phone number).
Thank you for your time.
Sincerely,
Your Name
cc: Your child’s principal (if letter is addressed to an administrator)
Your child’s teacher(s)
Appendix A: Sample Letters for Parents 161
10.
Requesting a Due Process Hearing
Due process is one approach that parents and schools can use to resolve disagreements.
During a due process hearing, you and the school present evidence before an impartial
third person called a hearing officer. The hearing officer then decides how to resolve the
problem.
You have the right to request a due process hearing on any matter related to -
•
your child’s identification as a “child with a disability”
•
his or her evaluation
•
his or her educational placement
•
the special education and related services that the school provides to your child.
Some reasons why a parent might file for due process include:
•
The school refuses to evaluate your child.
•
You disagree with the eligibility decision.
•
You disagree with the services, goals, or objectives in the IEP.
•
The school refuses to provide a related service, modification, or supplementary aid
you think your child needs.
•
You disagree with the placement decision.
For more information on the due process proceedings, please see Chapter 11, “Conflict
Resolution.”
Send your letter requesting a due process hearing to the superintendent of schools in
your home district. Under IDEA, when you ask for a due process hearing, your request
must include:
•
the name of your child
•
the address of your child’s residence
•
the name of your child’s school
•
a description of the problem, including facts relating to the problem
•
how you would resolve the problem, to the extent that a solution is known and avail-
able to you as parents.
Each state is required to have a model form to help parents request a due process
hearing. You are not required to use the model form, but this ISBE form can be found at
https://www.isbe.net/Documents/dp_parental_19-86a.pdf. This form can be used
instead of the sample letter. If the information in your request does not fit within the
spaces provided on the form, please attach additional pages.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
162
Letter to Request a Due Process Hearing
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of School District Superintendent, Title
Name of District
Street Address
City, Illinois Zip Code
Dear (Name):
I am writing to request a due process hearing on behalf of my child, (child's name), whose
address is (give your child's address, even if it is the same as your own). (Child's name) attends
(name of school).
I have met with school personnel in an effort to resolve our differences concerning my
son's/daughter's (IEP, placement, testing, or . . .) and have been unable to do so. The nature of our
disagreement is as follows.
• Explain the problem with BRIEF statements of fact.
• Consider listing the facts with bullets or numbers.
• An acceptable resolution of the problem would include . . .
(To the extent that you know how you want the disagreement to be resolved, state the facts here,
again bulleting or numbering the items if possible.)
Please advise me as soon as possible as to the date and time of this hearing so that I can make the
necessary arrangements. My daytime telephone number is (give your phone number).
I also request that this hearing be (open to all involved personnel/closed) to anyone other than
those directly involved). (Child's name) will/will not attend the hearing. Thank you for your
assistance.
Sincerely,
Your Name
cc: Your child's principal
Your advocate/attorney
Appendix A: Sample Letters for Parents 163
11. Filing a Complaint with the Illinois State Board of Education
What’s a complaint, and why would I file one?
You can file a complaint with ISBE about any of the matters for which you might
otherwise file a request for a due process hearing, as well as for any other reason you feel
that the school system has violated the IDEA. However, be aware that, if you write a
complaint on an issue that is also part of a current due process hearing, ISBE will not
investigate this issue. The due process hearing takes precedence over the complaint
process. ISBE will only investigate those issues in your complaint that are not part of your
due process hearing. Some examples of issues you might write a complaint letter about
include:
• The school is not providing services required by your child’s IEP.
• You were not allowed to participate in your child’s IEP.
• Your child is denied the opportunity to attend or participate in school-sponsored
events, such as field trips or after school activities.
• Your child has a shorter school day because the special education students arrive
later or are dismissed from school earlier than the general education students are.
• The school fails to give you appropriate prior written notice.
How do I file a complaint with ISBE?
Illinois’ policies for filing a complaint are included in the regulations at 23 IAC 226.570.
The complaint letter should include:
• a statement detailing the alleged violation(s) (for example, your school district has
violated a requirement of Part B of the IDEA or its regulations), and the facts on which
the statement is based.
• the student’s name, parent/guardian name, mailing address, daytime telephone
number, and the name of the student’s resident school district.
The letter on the next page is an example of how you might write this complaint. Note
that it is important for you to describe what you believe the school district did wrong
with regard to your child’s special education.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Letter to File a Complaint
Appendix A: Sample Letters for Parents
164
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Complaint Coordinator
Illinois State Board of Education
100 North First Street Springfield, Illinois 62777
Dear Complaint Coordinator:
I am writing to file a complaint on behalf of my son/daughter, (child's name), regarding his/her
education in the (name of school district). The nature of my complaint is as follows:
• Explain the problem with BRIEF statements of fact.
• Consider listing the facts that support your complaint with bullets or numbers.
For the above reasons, I believe the school district is in violation of certain requirements in the
Individuals with Disabilities Education Act (IDEA) and the Illinois School Code, specifically:
• List the issues you want addressed by ISBE.
• If you have more than one issue, please list them by bullet or number.
Enclosed are copies of relevant documents and correspondence I have sent to and received from
the school district concerning this matter. These documents are (list the documents you have
enclosed, giving the date sent, by whom, to whom, and the issue discussed).
If you need further information or clarification on my complaint, I can be reached at (give your
phone number). Thank you.
Sincerely,
Your Name
cc: School district special education director
Your child's principal
Your advocate/attorney
Enclosures:
165
Appendix A: Sample Letters for Parents
12. Writing a Follow-up Letter
What do I do if I don’t get a response to the letter I sent to the school district?
When you have written a letter making a request, you should get a response from the
school system, either by telephone or in writing, within a reasonable period of time. In
some cases, “reasonable” is defined. For example, local policy may say the school must
answer you within 15 working days. In other cases, the timelines are not exact. So, you
should be reasonable in your expectations. But if you feel too much time has passed (10
working days or so) without receiving a response to your letter, then call and ask if your
letter has been received. If you are sure the school has received your letter (some parents
send their letters by certified or registered mail), then ask when you can expect an answer.
More than likely, when you call you will talk to a secretary or administrative assistant.
Leave a message for the person you wrote to and ask for that person to call you back.
If your request still goes unanswered, then you may want to write again. It’s useful to
enclose a copy of your original request with this letter. Be sure not to send your only copy.
Remember, you always need to have a copy for your records.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Follow-up Letter
Appendix A: Sample Letters for Parents
166
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Person to Whom You Originally Wrote, Title
School or District Name
Street Address
City, State, Zip Code
Dear (Name):
I wrote to you on (date) and also called to make sure you had received my letter. I left a message
for you to call me back on (date), but since I have not heard from you, I thought it best to write
again.
I am writing to request . . . (restate what you are asking of the school district). Enclosed is a copy
of my first letter to you.
I would like to hear from you by (give a date, 3-5 working days). Thank you for your prompt
attention to this matter.
Sincerely,
Your Name
Enclosure
Appendix A: Sample Letters for Parents 167
13. Writing a Positive Feedback Letter
Once you’ve begun to write letters, be sure to write when things are going well, too! If a
teacher, therapist, or other staff member has made good things happen for your child, let
them and their supervisors know. Everyone likes and needs compliments and
encouragement from time to time. Positive feedback is what keeps good schools running
well. Just as you want to know “how it’s going,” so does the school staff.
Good communication, team work, and effective schools take a lot of hard work. There’s
an old saying that advises, “Things can go wrong all by themselves, but you have to work
hard to make things go right.” According to the National Dissemination Center for Children
with Disabilities (NICHCY), now the Center for Parent Information and Resources (CPIR),
this statement applies doubly to maintaining a successful parent-professional working
relationship. Be sure your child’s teacher(s), principal, and superintendent also hear from
you when things are going right.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Positive Feedback Letter
Appendix A: Sample Letters for Parents
168
.
Reprinted and revised with permission from the Center for Parent Information and Resources (CPIR) from
“Communicating with Your Child’s School Through Letter Writing”
.
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Person to Whom You Are Writing, Title
School or District Name
Street Address
City, Illinois Zip Code
Dear (Name):
I am writing to let you know how very pleased I am with the education my son/daughter, (child's
name) is receiving at (name of school).
(Child's name) has had great success with (briefly say what is going right). In particular, (name
the professionals working with your child and how they have made a difference). I look forward
to (child's name) continuing progress. Thank you for all your efforts and those of your staff.
Sincerely,
Your Name
cc: If you write to the school district's Superintendent or Director of Special Education, make
sure to copy the people who directly deserve recognition for your child's success - the
principal, teachers, and other staff.
Appendix A: Sample Letters for Parents 169
14. Revocation of Consent for Special Education
This letter can be used if you, as the parent, wish to revoke your consent to allow the
school district to continue providing special education services to your child. Before
delivering such a letter to the school district, it is very important that you understand
what will occur once such a letter is delivered. Once delivered, the district may then
terminate all special education and related services to your child after the district has
provided you with prior written notice of its plans to terminate the services.
It is strongly recommended, if you haven’t done so previously, that you turn to Chapter 6
of this guide for a further discussion of revocation of consent and what it may mean for
the student in question.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix A: Sample Letters for Parents
170
Revocation of Consent Letter
Illinois State Board of Education, August 2020
Your Name
Your Address
City, Illinois Zip Code
Your Telephone Number
Date
Name of Superintendent or Director of Special Education
Name of School District
Street Address
City, Illinois Zip Code
Dear (Name):
This letter is to inform you that I hereby revoke my consent for my child, (child’s name), to
continue in special education. I understand that my decision will result in the termination of all
special education services to my child, as well as a possible change in the placement of my
child. I further understand that services will not end until you have provided me with prior
written notice about the termination of special education services.
Sincerely,
Your Name
cc: Your child’s principal
Your child’s teacher(s)
171
Appendix B:
Quick Reference Charts
The following section contains quick reference charts based
on information described throughout the guide. The charts
give a basic overview of a particular topic. You will also find
references to the chapters in the book where you can read
more information on the topic you’re reviewing.
If you have questions concerning the information contained in
these charts, please contact ISBE at (217)782-5589 or
(866)262-6663 and ask to speak with a consultant who can
provide further information.
Illinois State Board of Education, August 2020
Appendix B: Quick Reference Charts
Chapter 3: Referral & Evaluation
General Rules on Referral
Citations
23 IAC 226.110, Evaluation Procedures
105 ILCS 5/14-8.02, Identification, evaluation, and placement of children
What Does It Mean?
A parent/guardian of a child, the school district, a state agency, or a
community service agency may initiate a request for an initial evaluation
Subsequently, a ‘referral’ for an evaluation may be deemed necessary.
What Needs to Happen?
Within 14 school days after receiving the written request, the district will
decide whether to evaluate the child or not. If the district determines an
evaluation is warranted, then the district must either provide the parents
with the paperwork to provide formal written consent or a written
statement of its decision not to do the evaluation.
If the district determines that the evaluation is not necessary, it must notify
the parent in writing of the decision not to evaluate and the reasons for the
decision.
The district must advise the parents of their right to request a due process
hearing to challenge its decision.
What Parents Need to Know
or Do
Parents need to submit a request for evaluation to have their child
considered to be eligible for special education services. It is best to put your
request in writing.
Not all referrals result in an evaluation being conducted.
To be eligible to receive special education services, the child must have a
disability that impacts educational performance.
Evaluation and Reevaluation
Citations
23 IAC 226.110, Evaluation Procedures
105 ILCS 5/14-8.02, Identification, evaluation, and placement
of children
34 CFR 300.300, Parental consent
34 CFR 300.301, Initial evaluations
34 CFR. 300.304, Evaluation procedures
34 CFR. 300.305, Additional requirements for evaluations and
reevaluations
34 CFR 300.306, Determination of eligibility
23 IAC 226.840, Qualifications of Evaluators
172
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix B: Quick Reference Charts
Evaluation and Reevaluation
What Does It Mean?
Evaluation means procedures used to determine whether a child has a
disability and the nature and extent of the special education and related
services that the child needs.
The school district must assess the child in all areas of suspected disability
including:
• academic performance
• health
• vision
• hearing
• social and emotional status
• communication
• motor abilities
• general intelligence
• functional performance
• other areas as needed
NOTE: Often these areas are called “domains” for purposes of the
evaluation.
Public agencies are prohibited from using a measure or assessment for
purposes different from the purpose for which the measure was designed.
Assessments are provided and administered in the child’s native language
or mode of communication (unless it is not feasible to do so) to get accurate
information on what the child knows and can do.
What Needs to Happen?
The school district must use a variety of assessments, tools, and strategies to
conduct the evaluation.
When conducting an initial evaluation, a child must be tested in all areas
of suspected disability.
Data gathered from evaluations are used to assist in the development of
the IEP.
Assessments should be valid and reliable for their designed purposes.
Assessments must be administered by personnel who are trained to do so.
Assessments and other evaluation materials used should be administered:
• so as not to be discriminatory on a racial or cultural basis, and
• in the child’s native language or other mode of communication.
173
Illinois State Board of Education, August 2020
Appendix B: Quick Reference Charts
Evaluation and Reevaluation
What Parents Need to Know
or Do
Parent-written informed consent must be obtained before the evaluation
can be conducted.
Information from parents should be included as part of the evaluation.
Information should be collected through a variety of approaches
(observations, interviews, tests, curriculum-based assessment, etc.) and from
a variety of sources (parents, teachers, specialists, peers, and the child).
Parents should be given a copy of the conference report and
recommendations.
Parents should be informed of their right to obtain an independent
educational evaluation (IEE) at district expense if they disagree with the
evaluation findings.
The evaluation should yield information on what the child knows and can
do academically, developmentally, and functionally.
This applies when evaluating all children including those -
• for whom English is not the native language
• who communicate by signing
• who use alternative augmentative communication
• who use other means to communicate.
Independent Educational Evaluation (IEE)
Citations
23 IAC 226.180, Independent Educational Evaluation
105 ILCS 5/14-8.02, Identification, evaluation, and placement
of children
34 CFR 300.502, Independent educational evaluation
What Does It Mean?
Parents have the right to request an independent educational evaluation
of their child at district expense when they disagree with the evaluation
conducted.
What Needs to Happen?
When an independent evaluation is obtained at public expense, the party
chosen to perform the evaluation should be an individual whose name is
included on the list of independent educational evaluators developed by
ISBE or another individual possessing the credentials required.
http://web- prod1.isbe.net/iier/ASPS/default.asp
174
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix B: Quick Reference Charts
Independent Educational Evaluation (IEE)
What Parents Need to Know
or Do
If you disagree with the results of the school’s evaluation, you may request
in writing that an independent evaluation occurs at district expense.
If the school district’s evaluation is shown to be inappropriate, the school
district shall reimburse the parent for the cost of the independent
evaluation.
You may select an independent evaluator from the ISBE list or someone not
on the list who has the required qualifications to do the evaluation. You
should talk to the evaluators and chose which one will best meet your child’s
needs and address your concerns.
You also have a right to obtain an independent evaluation at your own
expense, which you may then provide to your school. The school is
obligated to consider the evaluation but is not obligated to follow its
recommendations.
175
Illinois State Board of Education, August 2020
Appendix B: Quick Reference Charts
Chapter 4: Eligibility Categories
Special Education Eligibility Categories
Citations
34 CFR 300.111, Child find
34 CFR 300.8, Child with a disability
23 IAC 226.75, Definitions
What Does It Mean?
A group of qualified professionals and the parents look at the child’s
evaluation results. Together, they decide if the child is a “child with a
disability,” as defined by IDEA.
If the child is found to be a “child with a disability,” as defined by IDEA, he
or she is eligible for special education and related services.
Within 30 calendar days after a child is determined eligible, the IEP team
must meet to write an IEP for the child.
What Needs to Happen?
In order for the child to receive special education and related services, the
child must be identified as eligible under one of these categories:
• Autism • Multiple Disabilities
• Deaf-Blindness • Orthopedic Impairment
• Deafness • Other Health Impairment
• Developmental Delay • Specific Learning Disability
• Emotional Disability • Speech or Language Impairment
• Hearing Impairment • Traumatic Brain Injury
• Intellectual Disability • Visual Impairment
What Parents Need to Know
or Do
There are hundreds of terms and words we use to describe our
children. The law puts them into categories. Do not let the category
names discourage you.
An evaluation must be conducted to determine if your child is eligible to
receive special education and/or related services.
You need to give written consent before your child can be evaluated.
The school cannot test or help your child until you have returned the signed
papers.
You may ask for a hearing to challenge the eligibility decision.
Evaluations are done by school staff, or where necessary, consultants or
specialists retained by the school district, but you can bring your own
information from doctors, tutors, or others who work with your child.
176
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix B: Quick Reference Charts
Chapter 5: Additional Procedures for Specific Learning Disabilities
Specific Learning Disability (SLD)
Citations
23 IAC 226.130, Additional Procedures for Students Suspected of or
Having a Specific Learning Disability
105 ILCS 5/14-8.02, Identification, evaluation, and placement of children
34 CFR 300.8, Child with a disability
34 CFR 300.307, Specific learning disabilities
34 CFR 300.308, Additional group members
34 CFR. 300.309, Determining the existence of a specific learning
disability
34 CFR 300.310, Observation
34 CFR 300.311, Specific documentation for the eligibility determination
What Does It Mean?
There are additional requirements for identifying children with SLD.
What Needs to Happen?
Districts must use a scientific, research-based process for identifying
children with SLD.
In addition to using a scientific research-based process for evaluation,
districts may use a severe discrepancy* model (between intellectual ability
and achievement) for determining whether a child has a specific learning
disability.
What Parents Need to Know or
Do
Districts cannot deny a parent’s request for an evaluation because the
child is being monitored by a scientific, research-based process.
Districts must use scientific, research-based interventions as part of the
process for determining eligibility for services under the category of
specific learning disabilities (SLD). They may choose to use a severe
discrepancy* model as well.
Without written parental consent, an evaluation may not be completed.
*Severe discrepancy typically means a large or significant difference in ability and achievement. Children who are of
average or above average intelligence are expected to perform at that level of ability. When they don’t, they may be
referred for a full evaluation to see what is causing the discrepancy.
Under this model of evaluation, children may struggle and even fail for several years before the discrepancy between
ability and achievement is large enough to be judged significant.
Building the Legacy: IDEA 2004 Training Curriculum. Module 11, Identification of Children with Specific Learning Disabilities
177
Illinois State Board of Education, August 2020
Appendix B: Quick Reference Charts
Chapter 6: Individualized Education Programs (IEPs)
Present Levels of Performance
Citations
34 CFR 300.320, Definition of individualized education program.
23 IAC 226.230, Content of the IEP
What Does It Mean?
Describes how the student is doing in different areas and how he or she
uses what they’ve learned throughout the year.
What Needs to Happen?
The IEP needs to say two things in this section:
• How the child’s disability affects his or her participation in the
general education curriculum
• How the child performs in academic and nonacademic settings.
What Parents Need to Know
or Do
Share the child’s interests and activities and how the child’s disability may
affect those things.
Annual Goals
Citations
34 CFR 300.320, Definition of individualized education program.
23 IAC 226.230, Content of the IEP
What Does It Mean?
A goal is something that can be obtained within a school year.
A goal must be measurable.
Instructional recommendations should be supported by performance data
that established the need
What Needs to Happen?
Each goal will list:
• the steps needed to achieve the goal by the end of the year
• the way it will be measured
• who will be responsible for working on the goal
• how progress will be reported to parents
What Parents Need to Know
or Do
Special education services should be based on data, not opinion.
Data should form the basis for instruction and the goals should be written
to allow access to the general curriculum and other activities during or after
school.
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Progress Toward Goals
Citation
34 CFR 300.320, Definition of individualized education program
What Does It Mean?
The child’s progress must be measured.
What Needs to Happen?
The IEP will include how the school will measure the progress and when the
reports of progress will be issued.
What Parents Need to Know
or Do
You should know when you will receive information about your child’s
progress.
Make sure the measurement is clear enough so that you know whether your
child is being successful or not.
Special Education and Related Services
Citation
34 CFR 300.320, Definition of individualized education program
What Does It Mean?
The IEP must include special education and related services and other
supports and services for the student to -
• advance toward annual goals
• progress in the general curriculum
• participate in extracurricular and nonacademic activities
• be educated and participate with all children
What Needs to Happen?
The IEP team will decide which special education services and which related
services, modifications, accommodations and other services the student
needs to be part of the general curriculum and other activities. As much as
possible, the services should be research-based.
The IEP team will decide what supports the parents, educators, and
paraprofessionals need to address the student’s educational needs.
What Parents Need to Know
or Do
The IEP team decides what services and supports your child receives.
Your child has a right to be educated and participate with all children in
the least restrictive environment.
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Frequency, Location, and Duration of Services
Citations
34 CFR 300.320, Definition of individualized education program
23 IAC 226.230, Content of the IEP
What Does It Mean?
Each of the services the student needs should be written in the IEP
This is the “what, when, where, and for how long” part of the IEP
What Needs to Happen?
The IEP should say -
• how long or how often each session will last (the number of minutes)
• where the services will be provided
• when the services will begin and end
What Parents Need to Know
The number of minutes in each session
If the services will be provided in the general education classroom or
another setting (a resource room, a therapy room)
The starting and ending dates of the student’s services
Extended School Year Services
Citation
34 CFR 300.106, Extended school year services
23 IAC 226.230, Content of the IEP
What Does It Mean?
Extended School Year (ESY) services means special education and
related services provided to a student with a disability that are -
• beyond the normal school day/year
• stated in the student’s IEP
• no cost to the parents of the student
What Needs to Happen?
The IEP team determines ESY services.
Schools must ensure that ESY services are available as necessary to provide
a free, appropriate, public education (FAPE).
The decision about what services will be provided should be individually
based on the needs of the student.
Loss of knowledge/ skills or an extraordinarily long time in relearning skills
(regression/ recoupment) can be part of but not the only reason for
determining ESY.
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Extended School Year Services
What Parents Need to Know
or Do
ESY services may not be limited to particular categories of disability.
Schools must determine the type, amount, and duration of services on an
individual basis.
No single factor can determine ESY.
Discuss the student’s loss of skills during breaks.
Look at the amount of time it takes for the student to regain skills after
breaks.
Keep information that shows your child’s progress, or lack of it, after
returning to school from breaks.
ESY services:
• may not be the same as regular school year services
• may be just related services such as speech therapy or physical therapy
• can be provided in school, home, or community.
Participation in General Curriculum
Citation
34 CFR 300.320, Definition of individualized education program
What Does It Mean?
The IEP must explain how the child’s disability affects his/her participation in
the general education setting and other school activities.
If the district proposes to remove the child from any part of the general
education curriculum, the district must explain why in the IEP.
What Needs to Happen?
The IEP team will decide when the student will be in a general education
classroom and when they won’t.
The IEP team will decide what modifications are needed for the student to
succeed in general education classes.
What Parents Need to Know
or Do
Understand why and how much your child will be participating in general
education classes.
Think of accommodations and modifications that might allow your child to be
successful (both academically and socially) in the general education
classroom.
Think about the opportunities for your child in extracurricular and
nonacademic activities such as lunch, recess, gym, art, music, and after-
school clubs and activities.
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Appendix B: Quick Reference Charts
Transition
Citations
20 U.S.C. 1401(34), Transition services
34 CFR 300.43, Transition services
34 CFR 300.320, Definition of individualized education program
23 IAC 226.230, Content of the IEP
What Does It Mean?
Transition services are a coordinated set of activities that focuses on
improving academic and skill achievement to prepare for life after school.
Goals should include the need for -
• training
• education
• employment
• independent living, where appropriate
Transition services may include academic instruction, related services,
postsecondary education, vocational training, supported employment,
community experiences, daily living skills, and work evaluation.
What Needs to Happen?
For students who will reach the age of 14½ during the school year, the IEP
must document a statement of transition service needs that focuses on the
student’s course of study and goals to address those needs.
Transition goals must be part of the IEP and reviewed every year until the
student is out of school.
Plans must include student’s strengths, preferences, and interests. Goals must
be measurable.
A statement of who will provide the services the student needs to meet his
or her transition goals.
Student must be invited to the IEP meeting.
The district must consider the student’s interests and preferences if the
student does not attend.
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Transition
What Parents Need to Know
or Do
Think about what your child needs to learn to help him or her be successful
after graduation.
Help students explore work and career options while still in high school.
Decide what skills the young person needs to live and work in the community
after high school.
Make connections with education and training programs, colleges, agencies,
and support services.
Help select classes and services that will help the child be successful in his or
her adult life.
Learn what agencies provide services to adults with disabilities in your
community and invite them to your child’s IEP meeting.
Other IEP Considerations
Limited English Proficiency
Citations
34 CFR 300.27, Definition of “Limited English proficient”
23 IAC 226.230, Content of the IEP
What Does It Mean?
The language needs of a student who has difficulty understanding and
speaking English must be considered by the IEP team.
What Needs to Happen?
The IEP must include a statement as to the languages or modes of
communication in which special education and related services will be
provided if other than or in addition to English.
What Parents Need to Know
or Do
Tell the school if your child has difficulty understanding and speaking
English.
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Appendix B: Quick Reference Charts
Communication Needs
Citations
20 U.S.C. 1414(d), Individualized education programs
34 CFR 300.324, Development, review, and revision of IEP
23 IAC 226.75, Definitions
23 IAC 226.230, Content of the IEP
What Does It Mean?
An IEP shall be considered “linguistically and culturally appropriate” if
it addresses the language and communication needs of a student as a
foundation for learning, as well as any cultural factors that may affect the
student’s education.
What Needs to Happen?
The communication needs of the student must be considered by the IEP
team.
For students who are deaf or hard of hearing, the IEP team must consider
the student’s language and communication needs and opportunities for
direct communications with peers and professional personnel. The needs
must address the student’s language and communication mode.
The IEP team must consider the student’s academic level and full range of
needs, including opportunities for direct instruction in the child’s language
and communication mode.
What Parents Need to Know
or Do
Let the IEP team know how your child communicates best with others,
including family and friends.
Assistive Technology
Citations
20 U.S.C. 1414 (d)(3)(B) Consideration of special factors
34 CFR 300.105 Assistive technology
34 CFR 300.324, Development, review, and revision of IEP
23 IAC 226.230, Content of the IEP
What Does It Mean?
Assistive Technology is technology used by individuals with disabilities in
order to perform functions that might otherwise be difficult or impossible.
The term “assistive technology” encompasses a broad range of devices
from “low tech” (e.g., pencil grips, splints, paper stabilizers) to “high tech”
(e.g., computers, voice synthesizers, Braille readers).
These devices include the entire range of supportive tools and equipment
from adapted spoons to wheelchairs and computer systems for
environmental control.
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Assistive Technology
What Needs to Happen?
Consideration should be given to the needs of the student for assistive
technology devices and services.
The IEP team must decide if the student needs assistive technology devices
and services in order to receive a free appropriate public education
(FAPE).
What Parents Need to Know
or Do
Tell the IEP team about the things that might help the student in school, at
home, or in the community.
Share concerns that you have for your child’s ability to do things and ask if
there is any type of assistive technology that might provide support.
Braille
Citations
20 U.S.C. 1414 (d)(3)(B), Consideration of special factors
34 CFR 300.324 Development, review, and revision of IEP
What Does It Mean?
For a student who is blind or visually impaired, the school shall provide for
instruction in Braille and the use of Braille unless the IEP team determines,
after an evaluation of the child’s reading and writing skills, needs, and ap-
propriate reading and writing media (including an evaluation of the child’s
future needs for instruction in Braille or the use of Braille), that instruction in
Braille or the use of Braille is not appropriate for the child.
What Needs to Happen?
For a child who is functionally blind or visually impaired to the extent that
Braille instruction is determined necessary, the IEP team must consider -
• evaluation of reading and writing skills
• evaluation of needs
• communication needs
• appropriate reading and writing media
• future needs for instruction in Braille or the use of Braille
What Parents Need to Know
or Do
Understand your child’s impairment and what he or she needs.
Share with the IEP team what has and has not worked at home.
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Appendix B: Quick Reference Charts
Revocation of Consent
Citations
23 IAC 226.540, Consent
34 CFR 300.300, Parental consent
What Does It Mean?
A parent may revoke consent for the district to provide special education
services at any time after the initial consent for services has been
provided. Revocation may be provided orally or in writing.
What Needs to Happen?
After the parent has revoked consent, the district must terminate all special
education services to the student once the district has provided prior written
notice to the parent that services will be terminated.
What Parents Need to Know
or Do
In most cases, all protections and rights given to parents of students with
disabilities will be terminated along with the termination of special
education services.
School districts may not use procedures such as due process or mediation to
dispute the parent’s decision to revoke consent.
If the parent changes his or her mind after revoking consent and after the
district has provided prior written notice for terminating services, the district
will need to evaluate the student’s eligibility for special education again.
If the parent disagrees with the services being provided to the student but
does not disagree with the student’s special education eligibility, the
parent should initiate a complaint or request due process, rather than
revoke consent.
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Appendix B: Quick Reference Charts
Chapter 7: Least Restrictive Environment (LRE)
Least Restrictive Environment
Citations
34 CFR.300.107, Nonacademic services
34 CFR 300.110, Program options
34 CFR 300.114, LRE requirements
34 CFR. 300.115, Continuum of alternative placements
34 CFR. 300.116, Placements
34 CFR.300.117, Nonacademic settings
34 CFR.300.320, Definition of individualized education program
34 CFR 300.327, Educational placements
23 IAC 226.75, Definitions
What Does It Mean?
Students with disabilities must be educated with children who do not have
disabilities as much as possible.
Education placement decisions are made based on the student’s needs and
may include the following locations (this is not an exhaustive list):
• General education
• Resource room (Special class)
• Self-contained room (Special classes)
• Separate day school (Special Schools)
• Residential program (Special Schools)
• Hospital/homebound program.
What Needs to Happen?
Students with disabilities should be removed from general education
classes to separate classes or special schools only if the disability is so
severe that education in general education classes with supplementary
aids and services is not satisfactory.
Placement decisions are made by a group of persons, including the
parents, who are knowledgeable about -
• the student
• the meaning of the evaluation data
• the placement options
What Parents Need to Know
or Do
Decide what educational supports the student needs.
The first step when talking about placement is to adjust or modify the
student’s education program or provide extra supports. That way, the
student can continue to learn alongside the rest of the students in the
general education program and regular classroom environment.
The decision in every case is based on the individual needs of the student.
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Appendix B: Quick Reference Charts
Chapter 8: Secondary Transition
Secondary Transition
Citations
34 CFR 300.43(a), Transition services
23 IAC 226.230(c), Content of the IEP
23 IAC 226.750(c), Additional services
23 IAC 226.690, Transfer of parental rights
105 ILCS 5/14-6.10, (Section 14-6.10 of the School Code), Transfer of
parental rights at the age of majority
105 ILCS 5/14-8.03, (Section 14-8.03 of the School Code), Transition
Services
23 IAC 226.50(c), Requirements for a Free Appropriate Public Education
(FAPE)
34 CFR 300.324(c), Development, review, and revision of IEP
23 IAC 226.230(d), Content of the IEP
What Does It Mean?
Transition services are a coordinated set of activities and activities, services,
experiences and instruction. Transition services should assist the student in
moving from school to adult life activities including post-secondary
education, vocational training, employment, adult education, adult services,
and independent living.
Students with disabilities who require continuing education experiences
(e.g., transition services) to make a successful transition from school to adult
life are eligible to continue through age 21 inclusive (until the day before
his or her 22
nd
birthday).
Students who have graduated with a regular diploma are not eligible to
continue to receive a free and appropriate public education (FAPE) after
graduation.
Students with disabilities who have fulfilled the minimum state graduation
requirements (School Code – 105 ILCS 5/27-22) are eligible to receive a
regular education diploma.
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Secondary Transition
What Needs to Happen?
The transition plan must include -
• Appropriate, measurable postsecondary goals based upon age-
appropriate assessments related to education, training,
employment, and where appropriate, independent living skills.
• 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.
The school district must provide the student with a copy of the Delegation of
Rights at the IEP meeting in the year during which the student turns 17 years
of age. The student can end the Delegation of Rights at any time; otherwise,
it will be in effect for one year after the date of completion.
At least one year before a student is to receive a regular high school
diploma, the school district must send both the parent and student written
notice that a diploma will be issued. The notice must explain that eligibility for
special education services ends after the student receives the diploma. The
notice should also explain that the parent or the student may request an IEP
meeting to review the school district’s recommendation.
Students with disabilities can participate in graduation ceremonies while
maintaining their rights to continued eligibility for special education services.
For students who have developmental disabilities, the IEP team should assist
families in making a connection or linkage with their local Pre-admission and
Screening (PAS) Agency to first complete the “PUNS” (Prioritization of Unmet
Needs for Services) survey and an application packet that will be submitted
to the Department of Human Services Division of Developmental Disabilities.
Information about the PUNS survey may be found via this link:
https://www2.illinois.gov/sites/dd/Pages/SignUp.aspx
You may also call 888/DD-PLANS or 866/376-8446 (TTY).
What Parents Need to Know
or Do
The student and his or her parents should actively share their vision for his
or her life as an adult in the areas of employment, postsecondary
education, community participation including recreation and health care,
and independent living options such as an apartment, a dormitory, or a
supported living arrangement.
Parents, families, and guardians can assist in transition planning with the
IEP team by helping find the answers to questions about the student,
including: long-range employment and life goals, interests and talents,
learning styles, positive personality traits, achievements, social skills, work
experiences (paid and unpaid), where he or she might like to work, needs
for accommodations and support, and options after high school (college,
trade school, military, work, living arrangements, recreation, healthcare,
etc.)
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Appendix B: Quick Reference Charts
Transfer of Rights at Age of Majority
Citations
34 CFR 300.320, Definition of an individualized education program
23 IAC 226.230, Content of the IEP
23 IAC 226.690, Transfer of parental rights
105 ILCS 5/14-6.10, Transfer of parental rights at the age of majority
What Does It Mean?
The rights and responsibilities for special education services that are given
to parents will belong to the student at age 18.
In addition, the district must inform the parents and student of the student’s
right to delegate decision-making to another adult individual.
At least one year before turning 18, the parents and the student will
receive notices in writing from the school about the change.
What Needs to Happen?
The district must document that the parents and the student received the
notice and were told about the transfer of rights.
The school must provide the student with a copy of the Delegation of Rights
form.
https://www.isbe.net/Documents/nc_deleg_34-
57k.pdf#search=34%2D57k
What Parents Need to Know
or Do
At age 18, your child is now considered an adult and the rights you had
are transferred or given to him or her.
The Delegation of Rights -
• may be terminated by your child at any time
• will remain in effect for one year
• must be signed by the student and the designee
• can be renewed each year
The school must use the ISBE form or one that is almost the same.
Prepare for transition by talking to your child early so that you can create a
meaningful plan that reflects his or her preferences.
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Appendix B: Quick Reference Charts
Chapter 9: Behavioral Intervention Plans
Behavioral Intervention Plans (BIPs)
Citation(s)
23 IAC 226.230, Content of the IEP
What Does It Mean?
If a child’s behavior gets in the way of his or her learning or the learning of
other students, then the IEP team should consider the use of positive
behavioral interventions and supports.
What Needs to Happen?
Some students may need a Behavioral Intervention Plan (BIP) included in
the IEP. The IEP of a student who requires a BIP shall-
• summarize the findings of the Functional Behavioral Assessment (FBA)
• summarize prior interventions implemented
• describe any behavioral interventions to be used, including those
aimed at developing or strengthening alternative or more
appropriate behaviors
• identify the measurable behavioral changes expected and
methods of evaluation
• identify a schedule for a review of the interventions’ effectiveness
• identify provisions for communicating with the parents about their
child’s behavior and coordinating school-based and home-based
interventions
What Parents Need to Know
or Do
Learn about FBAs and BIPs.
If you want to request an FBA, please do so in writing. It is also best to have
someone at the school sign and date a copy of the letter or send it certified
mail, return receipt requested.
A plan to teach new behaviors with positive strategies is called positive
behavioral interventions and supports (PBIS).
A positive BIP is not a plan to discipline or punish but is a plan that is used
to teach or reinforce positive behaviors.
Ask for a BIP before your child gets into serious trouble.
A BIP also details what the school staff should do to help the student be
successful.
Students are more successful when the same things happen at home and at
school.
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Appendix B: Quick Reference Charts
Chapter 10: Student Discipline
In-School Suspension
Citation
34 CFR 300.530, Authority of School Personnel
105 ILCS 5/10-20.14, Student discipline policies
105 ILCS 5/10-22.6, Suspension or expulsion of pupils
What Does It Mean?
When a student with an IEP receives an in-school suspension, he or she is
removed from class for a specific amount of time as a result of breaking
school rules. The student is in the school building but not attending classes.
What Needs to Happen?
The school must notify the parents immediately and provide the parents
with a full statement of the reasons for the suspension and their right to a
review of the decision.
What Parents Need to Know
or Do
Often, an in-school suspension will include doing school work without being
in the classroom.
An in-school suspension would not be considered a part of the cumulative
days of suspension as long as the child can continue to appropriately
participate in the general curriculum, continue to receive the services
specified on the IEP, and continue to participate with nondisabled children
to the extent they would have in their current placement.
Out of School Suspension
Citations
34 CFR 300.530, Authority of school personnel
What Does It Mean?
When a student with an IEP receives out-of-school suspension, he or she is
removed from school for not more than 10 consecutive school days as a
result of breaking school rules.
A student may receive additional suspensions of not more than 10
consecutive school days in the same school year for separate incidents of
misconduct.
What Needs to Happen?
The school must notify the parents immediately and provide the parents
with a full statement of the reasons for the suspension and their right to a
review of the decision.
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Appendix B: Quick Reference Charts
Out of School Suspension
What Parents Need to Know
or Do
It’s important for parents to understand why their child was suspended.
You have the right to request a review of the decision to suspend your child.
After a student with an IEP has been removed from his or her current
placement for 10 school days in the same school year, the district must
provide educational services during any additional suspensions, even if in
another setting. The district must also hold a Manifestation Determination
Review (MDR) meeting.
Additionally, if the student is suspended for more than 10 school days in
the same school year, the district is required to hold an IEP team meeting to
review the student’s BIP. If the student’s IEP does not have a BIP, then one
must be developed.
Make sure your child receives the services he or she needs.
Think of ways to assist the school in preventing your child from being
suspended again.
Manifestation Determination Review (MDR)
Citations
20 USC Sec. 1415(k), Placement in alternative educational setting
34 CFR 300.530(e), Manifestation determination
What Does It Mean?
A meeting of the district, parent, and relevant members of the IEP team to
decide if a student’s behavior is a result of the disability.
What Needs to Happen?
If the student is removed for more than 10 consecutive school days, or if
a series of removals totals more than 10 days in a school year, the MDR
meeting needs to be held to decide if the student’s behavior is a symptom
of the disability.
To make the decision, the district, parents, and IEP team must look
carefully at relevant information, including:
• the IEP
• information from the parents
• observations of the student
• new or existing evaluation results
The team will decide the behavior is a manifestation of the disability if -
• the behavior was caused by the disability or had a direct and
substantial relationship to the disability
• the behavior was a result of the school’s failure to follow the IEP.
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Manifestation Determination Review (MDR)
What Parents Need to Know
or Do
If the behavior is a manifestation of the disability, then the team must do
a functional behavioral assessment and develop a behavioral intervention
plan. If a BIP already exists, the team must review it and make changes, if
needed.
If the behavior is a result of the student’s disability, the child must be
returned to his/her placement unless you and the district agree to a
change of placement as part of the BIP review.
If the incident involves a weapon or an illegal drug, however, the school
district can remove your child from the current placement, even if you
disagree and even if the behavior is a manifestation of your child’s
disability.
If the behavior is NOT a manifestation of the disability, the student can be
disciplined as any other student would be, but the school must continue to
provide educational services. During this time, your child needs to continue
to make progress on his or her IEP goals and to participate in the general
education curriculum.
Removal for Drugs, Weapons, or Serious Bodily Injury
Citation
34 CFR 300.530(g), Authority of school personnel - special circumstances
What Does It Mean?
There are three situations where a district can remove a student from his or
her current placement for not more than 45 school days, regardless of
whether the behavior is a manifestation of the disability:
• If the student brought a weapon to school or to a school function; or if
the student possessed a weapon at school or a school function
• If the student knowingly has, uses, sells, or tries to buy illegal or
controlled substances at school or at a school function
• If the student inflicted serious bodily injury on another person at school or
a school function
What Needs to Happen?
The district will call the police and can move the student to an Interim Alter-
native Educational Setting for not more than 45 school days.
The student’s IEP team decides on the interim alternative educational set-
ting.
What Parents Need to Know
or Do
A parent who disagrees with the change in placement has the right to re-
quest an expedited due process hearing (see Chapter 10).
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Appendix B: Quick Reference Charts
Chapter 13: School Records
School Records
Citations
34 CFR 300.322, Parent participation
34 CFR 300.306, Determination of eligibility
34 CFR 300.613, Access rights
Family Educational Rights and Privacy Act (FERPA), (20 USC 1232g, 34
CFR Part 99)
Illinois School Student Records Act, 105 ILCS 10/
What Does It Mean?
School records are confidential. Personal information (anything that
identifies who the person is) may not be released without written consent
unless it is -
• given to school officials or teachers with a legitimate educational
interest, state and local education authorities, or certain individuals
designated under federal law
• used to meet a requirement under federal law
Personal information includes the following:
• the name of the student, parent, or other family members
• the home address
• personal information, such as the student’s social security number
What Needs to Happen?
Schools must maintain the student’s permanent record for at least sixty (60)
years after the student has transferred, graduated, or permanently
withdrawn from school.
All information not required in the student permanent record including
special education information and reports and discipline issues ( including
suspension or expulsion) must be maintained for at least five (5) years after
the student has transferred, graduated, or otherwise permanently
withdrawn from school.
Schools must provide custodial and noncustodial parents access to their
children’s records unless there is a court order, law, or legal document (such
as a divorce decree or custody order) that terminates a parent’s rights.
Districts must keep a record of anyone who looks at the records. The record
must state the name of the person reviewing the file, the date, and the
reason for the review. Parents, the student’s teachers, or other school staff
do not have to sign a record when reviewing the file.
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Appendix B: Quick Reference Charts
School Records
What Parents Need to Know
or Do
Take the opportunity to examine all education records in your child’s file.
Request an explanation of the documents in the file.
Know where the records are kept.
Review your child’s records before -
• transferring to another school
• participating in IEP meetings
• participating in a due process hearing
Request that a representative inspect and review the records.
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Appendix B: Quick Reference Charts
Chapter 14: Early Childhood Services
Early Childhood Services
Citations
34 CFR 300.124, Transition of children from the Part C program to
preschool programs
23 IAC 226.260, Child Reaching Age Three
34 CFR 300.323, When IEPs must be in effect
23 IAC 226.250, Child Aged Three Through Five
34 CFR 300.101, Free appropriate public education (FAPE)
What Does It Mean?
Children who have been receiving early intervention services have the right
to a smooth and efficient transition into early childhood special education
services when they turn 3.
What Needs to Happen?
By the third birthday of a child transitioning from early intervention, the
school district must have eligibility determined and if eligible, an IEP
developed and implemented.
What Parents Need to Know or
Do
Stay in touch with the early intervention service coordinator and the school
district staff as the child nears his or her third birthday and keep
appointments for evaluations and meetings.
197
198
Appendix C:
Glossary of Key Terms
The following section contains a list of key terms used
throughout this guide. If a common acronym is associated
with the term (for example, “IEP” for Individualized Education
Program), you will find that acronym, too.
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Accommodations
Changes in how learning occurs or how a test is
administered that does not substantially alter what is
learned or what the test measures; includes changes in
presentation format, response format, test setting or
test timing. Appropriate accommodations are made to
provide equal opportunity to demonstrate knowledge.
Achievement Test
Test that measures competency in a particular area of
knowledge or skill; measures mastery or acquisition of
skills
Achievement/Ability
Discrepancy
A criterion often used to determine whether a child has
a learning disability and if the child is working up to
expectations
Activities of Daily Living
ADL
Personal care activities necessary for everyday living,
including eating, dressing, bathing, grooming, and
toileting
Adaptive Behavior
Refers to one’s ability to be socially appropriate and
personally responsible. It is usually measured by scales
that identify how well a person manages within his or
her own environment. This includes, for example,
communication, self-care, home living, social skills,
community use, self-direction, health and safety,
functional academics, leisure, and work.
Adaptive Physical
Education
Alternative physical education for students who cannot
participate in the general education program. Involves
modifications and/or accommodations to the regular
physical education class. Supplemental instruction may
take place in a separate class based on a student’s
individual needs. The goal is to allow students with
special needs to remain in the regular physical
education class.
Adaptive/Assistive
Devices
AAD
Adaptive/Assistive devices refer to devices used by
individuals with disabilities in order to perform
functions that might otherwise be difficult or
impossible.
Adequate Yearly Progress
AYP
AYP was a requirement of the No Child Left Behind Act
(NCLB). Each public school campus, school district,
and state were evaluated for AYP in reading/ language
arts, mathematics, and high school graduation rates
and elementary school attendance rate. The NCLB was
replaced by the Every Student Succeeds Act (ESSA).
Affective
A term that refers to emotions and attitudes
Alternative
Dispute Resolution
See Mediation.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Alternative
Education
Placement
AEP
An alternative classroom setting used to improve
classroom behavior and address needs that cannot be met
in a general classroom setting.
American Sign
Language
ASL
A form of communication used among deaf persons. The
system uses signs to communicate based on specific
movements and shapes of the hand and arms, eyes,
face, head, and body posture.
Americans
with
Disabilities
Act
ADA
Enacted in 1990, the ADA gives civil rights protections to
individuals with disabilities similar to those provided to
individuals on the basis of race, color, sex, national origin,
age, and religion. It guarantees equal opportunity for
individuals with disabilities with regard to public
accommodations, employment, transportation, state and
local government services, and telecommunications.
Annual Goal
A required component of an Individualized Education
Program (IEP). It is a goal that a student will strive to
achieve in a twelve-month period. An example would be,
“David will read at a second grade level by the end of the
next school year.”
Annual Review
Students with disabilities are required by law to have an
educational program that is reviewed each year. A
review involves updating the student’s progress, planning
his or her educational program, and developing a new IEP
for the upcoming year.
Appeal
A written request for a court to review or change the
decision of a hearing officer
Appendix A
Appendix to the federal special education regulations that
answers questions about IEPs, IEP teams, parental roles,
and transition
Applied Behavior
Analysis
ABA
An intervention technique that may be used to teach
children with autism. It breaks down skills into very small
components which are then taught systematically. Each
skill builds the foundation for the next one.
Assessment
A way of collecting information about a student’s special
learning needs, strengths, and interests to help make
educational decisions. An assessment may include giving
individual tests, observing the student, looking at records,
and talking with the student and his or her parents.
Assistive
Technology
Device
Any item, piece of equipment, or product system, whether
acquired commercially off the shelf, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of a child with a disability
200
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Audiologist
Specialist who is concerned with studying the nature of
hearing, administering hearing tests to detect possible
hearing loss, and giving information about hearing
aids, training programs, and medical treatment.
Related service includes identification, determination of
hearing loss, and referral for habilitation of hearing.
Autism Spectrum
Disorder
ASD
Autism Spectrum Disorder means a developmental
disability significantly affecting verbal and nonverbal
communication and social interaction, generally evident
before age three that adversely affects a child’s
educational performance. Other characteristics often
associated with autism are engagement in repetitive
activities and stereotyped movements, resistance to
environmental change or change in daily routines, and
unusual responses to sensory experiences. Autism does
not apply if a child’s educational performance is
adversely affected primarily because the child has an
emotional disability. A diagnosis of ASD now includes
several conditions that used to be diagnosed separately:
autistic disorder, pervasive developmental disorder not
otherwise specified (PDD-NOS), and Asperger
syndrome. These conditions are now all called autism
spectrum disorder.
Behavioral Intervention
A method or technique used to influence a student’s
actions.
Behavioral Intervention
Plan
BIP
A written plan developed as part of the IEP to address a
serious behavioral problem. It is based on a functional
behavioral assessment of the student’s behavior and
describes the interventions to be used, methods of
evaluation, and provisions for coordinating with the home.
The BIP outlines what the school personnel will do
differently to support the needs of the student.
Benchmark
Refers to a major milestone that will enable parents,
students, and educators to monitor progress toward a
goal during the year
Bilingual
BIL
The ability to use two languages with equal or nearly
equal fluency
Brief
Written argument that supports a case that usually
contains a statement of facts and a discussion of law
Building Level
Support Team
BLST
A team that analyzes needs and clarifies school support
systems for teachers, students, and parents.
Burden of Proof
Duty of a party to substantiate its claim against the other
party. In civil actions, the weight of this proof is usually
described as a preponderance of the evidence.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Business Day
Monday through Friday except for federal and state holidays
Calendar Day
Any consecutive, non-specific day on a calendar that is not
otherwise indicated as a business day, school day,
weekday, or holiday.
Case Law
Decisions issued by a court
Case Study Evaluation
A set of procedures specified within IDEA and expanded
greatly in Illinois under 23 IAC 226.110 to determine
possible special education eligibility.
Certified Occupational
Therapist Assistant
COTA
A trained professional who works under the direction
and supervision of an occupational therapist (OT)
Child Find
Requirement that states ensure that all children with
disabilities are identified, located, and evaluated to
determine which children should be receiving special
education and related services
Chronologically
Age-appropriate
A standard by which children’s activities may be evaluated.
Instruction and materials should be directed at the student’s
actual age, rather than to the interests and tastes of
younger children.
Claim
The written or electronically submitted request for payment
of benefits for Medicaid-covered services that have been
provided to students
Code of
Federal
Regulations
CFR
The regulations developed by the U.S. Department of
Education designed to implement statutory requirements
such as IDEA and Section 504
Cognitive Disability
See “Intellectual Disability”
Complaint
The written action taken to notify ISBE that special
education regulations are not being followed.
Computer-assisted
Instruction
CAI
Drill-and-practice, tutorial, or simulation activities used
alone or in conjunction with classroom instruction
Confidential
Information held by the school district that can only be
shared with non-school parties with written parent
permission, unless stated otherwise in the law
Confidential File
File maintained by the school that contains evaluations
conducted to determine whether a child has a disability
and other information related to special education
placement. Parents have a right to inspect the file and
have copies of any information contained in it.
Confidentiality
Precautions an individual, other than the student’s
parent, must take in not revealing information, without
consent, about a specific student to someone who is not
directly involved with that student
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Consent
Requirement that the parent has been fully informed of all
information that relates to any action that the school wants
to take about the child. Parents understand that consent is
a voluntary agreement to let the school take an action that
affects their child’s education. Consent is shown when the
parent signs a form or letter which describes the action
the school wants to take: (1) The parent must be fully
informed of all information relevant to the activity for which
consent is sought in his or her native language or other
mode of communication; (2) The parent understands and
agrees in writing to the implementation of the activity for
which his or her consent is sought, and the consent
describes that activity and lists the records (if any) that will
be released and to whom; and (3) The parent understands
that the granting of consent is voluntary on the part of the
parent and may be revoked at any time.
Continuum of Services
The range of services that must be available to the
students of a school district so that they may be served in
the least restrictive environment
Controlled Substance
Means a drug or other substance identified under
schedules I, II, III, IV, or V of the Controlled Substances
Act; does not include a substance that is legally
possessed or used under the supervision of a licensed
health care provider
Cooperative
Voluntary association of school districts that join together
to provide special education services using a shared
administrative structure
Counseling Services
Related service; includes services provided by social
workers, psychologists, guidance counselors, or other
qualified personnel
Culturally and
Linguistically
Diverse
CLD
Refers to students who come from a different culture and
whose background includes a different language
Cumulative File
General file maintained by the school; parent has right to
inspect the file and have copies of any information
contained in it
Curriculum
The subject matter that is to be learned; the coursework
offered by a school. A curriculum is usually described in
terms of its scope and sequence.
Curriculum-based
Assessment
CBA
An ongoing assessment of a student’s ability to meet
expected performance standards in grade-level curricular
areas
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Curriculum-based
Measurement
CBM
A method that teachers use to find out how students are
progressing in basic academic areas such as math,
reading, writing, and spelling. These measures are based on
how well a student masters the curriculum goals. When
using CBM, the teacher will give the student brief, timed
samples (called probes) which are created from material
taken out of the school curriculum. To keep things standard,
the teacher will read the same directions every time that he
or she gives a specific probe. These probes are timed and
may last from one to five minutes, but this will depend on
the child’s age and the skill being measured. The child’s
performance on a probe is scored for speed and accuracy
of performance. Used repeatedly as practice drills, the
student’s results are charted to monitor the rate of
academic progress.
Date of Referral
The date on which written parental consent to complete an
evaluation is obtained or provided
Day
A calendar day, unless otherwise indicated as a business
day, school day, or holiday
Deaf-Blindness
Deaf-Blindness means simultaneous hearing and visual
impairments, the combination of which causes such
severe communication and other developmental and
educational needs that students with these combined
impairments cannot be accommodated in special
education programs solely for children with deafness or
children with blindness.
Deafness
Deafness means a hearing impairment that is so severe
that the child is impaired in processing linguistic
information through hearing, with or without amplification,
which adversely affects the child’s educational
performance.
Delay
Development which does not occur within expected
time ranges.
Developmental
Delay
DD
A delay in physical, intellectual, communication, social/
emotional, or adaptive (self-care) development among
children from three through nine years of age
Developmental
Disabilities
DD
A diverse group of severe, lifelong, chronic conditions due
to mental and/or physical impairments manifested prior to
age 22.
Developmentally
Appropriate Practices
DAP
Practices that are age-appropriate and individually ap-
propriate for each student.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Discovery
Term for methods of obtaining evidence in advance of trial;
includes interrogatories, depositions, and inspection of
documents
Domain
An aspect of a child’s functioning or performance that must
be considered in the course of designing an evaluation. The
domains are health, vision, hearing, social and emotional
status, general intelligence, academic performance,
communication status, and motor abilities.
Due Process
A legal term that assures that persons with disabilities have
the right to challenge any decision made on their behalf
Due Process Hearing
A formal meeting held to settle disagreements between
parents and schools in a way that is fair to the student, the
parents, and the school. The meeting is run by an impartial
hearing officer.
Duration
The length of time a student will need a special program or
service during the school year or extended school year, as
documented on the IEP
Early Childhood
Programs and services provided to children with
disabilities from ages 3 through 5.
Early Childhood
Education
ECE
The education of a child in grades pre-kindergarten
through third grade (age range of birth through 8 years
of age)
Early Childhood
Intervention
ECI
Programs designed to provide assistance to preschool-
aged children with physical or developmental problems
Early Intervention
Programs and services provided to infants and toddlers
with disabilities from birth through age 3
Early Intervening
Services
EIS
Assistance given to children who have not yet been
identified as eligible for special education and related
services under IDEA but who need extra help and support
to progress in the general education environment. District
can use no more than 15% of IDEA Part B funds to develop
and implement early intervening services. EIS emphasizes
assistance to children in grades kindergarten through third
grade (K-3). EIS may also be used with children in fourth
through twelfth grades (4-12) . EIS funds may be used for
professional development of teachers and other school
staff.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Education Records
All records about the student that are maintained by an
educational agency or institution; includes instructional
materials, teacher’s manuals, films, tapes, test materials
and protocols
Eligibility Conference
A conference held to determine, review, terminate, or
consider changes in a student’s eligibility for special
education
Eligibility Conference
Summary Report
A written report containing a summary of the results of
the evaluation and the determination of eligibility for
special education.
Eligible
A decision that determines a student meets the
requirements for and is in need of special education and
related services. The decision is based on the results of the
evaluation and the conclusions reached at the eligibility
conference.
Emotional Disability
ED
Disability category under IDEA. A condition exhibiting one
or more of the following characteristics over a long period
of time and to a marked degree that adversely affects a
child’s educational performance:
▪ An inability to learn that cannot be explained by
intellectual, sensory, or health factors
▪ An inability to build or maintain satisfactory
interpersonal relationships with peers and teachers
▪ Inappropriate types of behavior or feelings under
normal circumstances
▪ A general pervasive mood of unhappiness or
depression
▪ A tendency to develop physical symptoms or fears
associated with personal or school problems
Emotional disability also includes schizophrenia.
English as a
Second
Language
ESL
English learned in an environment where it is the
predominant language of communication
English for Speakers
of Other Languages
ESOL
English instruction for persons who speak a language
other than English
English
Language
Learner
ELL
Someone who speaks a language other than English
and is learning to speak and understand the English
language
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Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Evaluation
Collecting information about a student and any problems that
may affect his or her educational development for the
purpose of determining eligibility for special education and
related services. The evaluation may include giving
individualized tests, observing the student, looking at records,
and talking with the student and his or her parents (see also
assessment).
Every Student
Succeeds Act
ESSA
ESSA is the reauthorization of the 50-year-old Elementary
and Secondary Education Act, the country’s national
education law which embodies a commitment to equal
opportunity for all students. ESSA incorporates ambitious
long-term goals, supports for low-performing schools,
challenging academic standards and assessments, and
universal indicators of school quality and student progress.
Exhibit
Anything tangible that is produced and admitted in
evidence during a trial
Extended School Day
A provision for a student who receives special education
services to have instruction for a period longer than the
standard school day. This sometimes includes “double”
kindergarten, later afternoons, or earlier starting times.
Extended School
Year Services
ESY
A provision for a special education student to receive
instruction during ordinary school “vacation” periods.
Purpose is to prevent serious regression of previously
learned skills that cannot be regained in a reasonable
length of time with the intent being to maintain IEP goals
and objectives, not to introduce new skills. The IEP team
determines eligibility for ESY services.
Family Educational
Rights and Privacy
Act
FERPA
A federal law that regulates the management of student
records and disclosure of information from those records.
The Act has its own administrative enforcement mechanism.
Fiscal Year
FY
A twelve-month period used for calculating yearly
financial reports. Most schools use the state fiscal year
which runs from July 1 to June 30.
Free Appropriate
Public Education
FAPE
The words used in the federal law (IDEA) to describe the
right of students with disabilities to receive special education
and related services that meet his or her individual learning
needs, at no cost to the parents
Functional
Behavioral
Assessment
FBA
A process to improve understanding of problem behavior in
order to identify what skills need to be taught. The process
includes observation, interviews, and data collection to
identify when, where, and why the behavior is occurring.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
General Curriculum
Curriculum adopted by the LEA or SEA for all children from
preschool through high school
Guardian
Person who has qualified as a guardian of a minor or
incapacitated person pursuant to testamentary or court
appointment but excludes one who is merely a guardian ad
litem
Guardian ad litem
Person appointed by the court to represent the rights of
minors
Head Start
HS
A child development program for children ages 3 to 5 and
their families that focuses on increasing the school
readiness of young children from low-income families by
increasing opportunities for learning
Hearing Impairment
HI
A hearing impairment is one that is either permanent or
fluctuating and adversely affects a child’s educational
performance, but that is not included under the definition of
deafness
Hearing Officer
HO
An impartial person in charge of a due process hearing who
issues a written decision based upon the evidence and
witnesses presented at the hearing
Illinois
Administrative
Code
IAC
The regulations relevant to the provision of special
education are located in Title 23 at Part 226.
Illinois
Freedom of
Information
Act
IFOIA
This Act (5 ILCS 140/) regulates access to public records. It
is useful for accessing the policies and minutes of public
bodies but does not provide for access to individual student
records.
Illinois Revised
Statutes or Illinois
School Code
ILCS
Chapter 105. Commonly called the “Illinois School Code.” It
includes state law regulating the operation of public schools.
Article 14 is specific to special education matters.
Illinois Student
Records Act
ISRA
A portion of the Illinois School Code regulating the
management of all student records whether or not those
students have disabilities
Illinois State Board
of Education
ISBE
The state agency responsible for educational services
Independent
Educational
Evaluation
IEE
An assessment conducted by someone who is not
employed by the school district. Anyone completing the
assessment must be fully trained and qualified.
Individual Family
Service Plan
IFSP
The document that outlines the services to be delivered to
families of infants and toddlers receiving special services
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Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Individualized Education
Program
IEP
The written educational program for a student receiving
special education and related services with goals and
objectives to be attained during a calendar year. The IEP
is developed and implemented to meet a student
unique educational needs.
Individualized Education
Program (IEP)
Conference
A meeting held annually to develop, review, and consider
changes in a student’s special education and related
services and educational placement
Individualized Education
Program (IEP) Team
The group of individuals, including the parents, teachers,
and school or district officials, who determines the special
education and related services to be provided to an
eligible student. The IEP team and other qualified
professionals are required to participate in meetings when
identifying specific assessments, determining eligibility,
and conducting manifestation determination reviews.
Individualized
Functional Assessment
IFA
An assessment that examines whether a child can
engage in age-appropriate activities effectively
Individualized
Transition Plan
ITP
Transition services begin when a student is ready to
transition from high school to postsecondary education,
vocational training, independent employment,
continuing and adult education, adult services, or
independent living. When transition services begin for
students with an IEP, a transition planning interview will
be completed to identify the students’ needs. The IEP
team will use this information to develop an ITP, which is
designed to accomplish the student’s goals.
Individuals with
Disabilities
Education Act
IDEA
The federal law mandating that all children with
disabilities have available to them a free, appropriate
public education that emphasizes special education and
related services designed to meet their unique needs
and prepare them for employment and independent living
Individuals with
Disabilities
Education Law
Reporter
IDELR
The Individuals with Disabilities Education Law
Reporter is a specialized full text reporting service that
publishes policy letters and administrative level actions
as well as case law.
Initiation Date
The date, month, and year in which a program or ser-
vice will begin as documented on the IEP
In-school Suspension
ISS
An alternative placement program that allows students to
come to school, but they are not allowed to attend
regular class. They are placed in a supervised setting,
typically separated from other classmates, where they
can complete their schoolwork.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Intellectual Disability
Intellectual disability means significantly below average
general intellectual functioning, existing concurrently
with deficits in adaptive behavior and manifested during
the developmental period that adversely affects a child’s
educational performance.
Interrogatories
Written questions served on a party that must be
answered under oath before trial; method of discovery
Joint Agreement
A voluntary association of school districts (cooperative)
that join together to provide special education services
Judgment
Order by a court
Learning Disability
LD
See Specific Learning Disability (SLD).
Least
Restrictive
Environment
LRE
A requirement of IDEA that describes procedures that
ensure, to the maximum extent appropriate, students
with disabilities are educated with students who are not
disabled. The IEP team must determine the LRE for
each student based on his or her individual needs.
Limited English
Proficient
LEP
Term used to describe a student who is not proficient in
English, speaks a language other than English at home,
and does not demonstrate English language skills of
comprehension, speaking, reading, and writing at a level
that would allow him or her to be placed in a mainstream
class setting where only English is spoken.
Local Educational
Agency
LEA
Local education agency or school district
Manifestation
Determination
Review
MDR
A meeting of the IEP team convened by the school to
determine whether the behavior of a student who
receives special education services was caused by the
student’s disability.
Mediation
A process in which parents and school personnel try to
settle disagreements with the help of a trained mediator
provided by ISBE
Medicaid
A federal-state public medical assistance program
administered by the Illinois Department of Human
Services that enables eligible recipients to obtain
medical benefits outlined within the state Medicaid
guidelines
Medical Services
Related service which includes services provided by a
licensed physician to determine a child’s medically
related disability that results in the child’s need for
special education and related services
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Modifications
Substantial changes in what the student is expected to
demonstrate. Includes changes in instructional level,
content, and performance criteria. May include changes
in test form or format. Includes alternate assessments.
Multiple Disabilities
Multiple disabilities means a combination of various
impairments that cause such severe educational needs
that they cannot be accommodated in special education
programs solely for one of the impairments. Multiple
disabilities does not include deaf-blindness.
Native Language
Language normally used by the child’s parents.
Notice
Mandatory written notice provided to parents before the
school’s proposal or refusal to initiate or change the
student’s identification, evaluation, or educational
placement. Notice in the parent’s native language must
also be provided in advance of any scheduled IEP
meetings.
Occupational Therapist
OT
A trained professional who provides occupational
therapy
Occupational Therapy
OT
A special education related service which is usually
focused upon the development of a student’s fine motor
skills and/or the identification of adapted ways of
accomplishing activities of daily living when a student’s
disabilities prevent him or her from doing those tasks in
typical ways (e.g., modifying clothing so a person without
arms can dress independently).
Office of Civil Rights
OCR
This federal agency serves student populations who face
discrimination based on race, color, national origin,
gender, age, disability, religion, and political beliefs.
OCR advocates on behalf of students to resolve
complaints of discrimination, as well as develop creative
approaches to preventing and addressing discrimination.
Office of Special
Education and
Rehabilitative
Services
OSERS
An agency of the federal government’s executive
branch within the Department of Education
Office of Special
Education Programs
OSEP
Part of the U.S. Department of Education, its goal is to
improve results for infants, toddlers, children and
adolescents with disabilities ages birth through 21 by
providing leadership and financial support to assist
states and local districts.
Opinion
Formal written decision by judge or court; contains the
legal principles and reasons upon which the decision
was based.
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Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Orthopedic Impairment
OI
An orthopedic impairment means a severe orthopedic
impairment that adversely affects a child’s educational
performance. The term includes impairments caused by
a congenital anomaly, impairments caused by disease
(e.g., poliomyelitis, bone tuberculosis), and impairments
from other causes (e.g., cerebral palsy, amputations,
and fractures or burns that cause contractures).
Other Health
Impairments
OHI
Other health impairment means having limited strength,
vitality, or alertness, including a heightened alertness to
environmental stimuli, that results in limited alertness
with respect to the educational environment, that -
• Is due to chronic or acute health problems such as
asthma, attention deficit disorder or attention deficit
hyperactivity disorder, diabetes, epilepsy, a heart
condition, hemophilia, lead poisoning, leukemia,
nephritis, rheumatic fever, sickle cell anemia, and
Tourette syndrome; and
• Adversely affects a child’s educational performance.
Parent
Natural or adoptive parent; a guardian, but not the State
if the child is a ward of the State; a person acting in the
place of a parent (e.g., a grandparent or stepparent with
whom the child lives, or a person legally responsible for
the child’s welfare); or an educational surrogate parent
Parent-Teacher
Association
PTA
A school district-based group that is part of the National
PTA
Permanent Record
A file that includes the following information: parent
name(s) and address(es), student name, address, birth
date, birth place, gender, transcripts, grades, class
rank, graduation date, grade level achieved, scores on
college entrance exams, attendance reports, accident
reports, health records, release of information forms,
honors/awards received, and participation in school-
sponsored activities and events
Physical Therapist
PT
A trained professional who provides physical therapy
Physical Therapist
Assistant
PTA
A professional who works under the direction and
supervision of a physical therapist and provides
rehabilitative services to students with physical or
developmental impairments
Physical Therapy
PT
Instructional support and treatment of physical
disabilities provided by a trained physical therapist,
under a doctor’s prescription that helps the student
remediate gross motor skills and improve the use of
bones, muscles, joints, and nerves
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Placement
Where the IEP will be carried out. The placement
decision is made by the IEP team, including the parents
and others who know about the child, what the
evaluation results mean, and what types of placements
are appropriate. The parents have the right to be
members of the group that decides the educational
placement of the child. Placement decisions must be
made according to IDEA’s least restrictive environment
requirements, commonly known as LRE. These
requirements state that, to the maximum extent
appropriate, children with disabilities must be educated
with children who do not have disabilities.
Precedent
A court decision that will influence similar cases in the
future
Pre-Kindergarten
Pre-K
The year of education that occurs before kindergarten.
The goal of pre-K is to promote school readiness so
that children have a better chance of later success in
school
Present Level of
Academic
Achievement
and Functional
Performance
PLAAFP
A required IEP component; statements in an IEP that
specifically describe what a student can or cannot do,
includes the effects of the student’s disability on the
student’s involvement and progress in the general
education curriculum
Prior Written Notice
Required written notice to parents when school
proposes to initiate or change, or refuses to initiate or
change, the identification, evaluation, or educational
placement of the student
Pro Se
Representing oneself without assistance of legal
counsel
Procedural Safeguards
Precautions taken to ensure that an individual’s
rights are not denied without due process of law
Procedural Safeguards
Notice
Requirement that schools provide a full and easily
understood explanation of procedural safeguards at
least once a year to parents. It must include information
on independent educational evaluation, prior written
notice, parental consent access to records, complaint
process, mediation process, due process and the
child’s placement during due process, interim
alternative educational settings, private school
placements by parents at public expense, disclosure of
evaluation results and recommendations, state-level
appeals, civil action, and attorney’s fees
213
Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Psychologist
Person with an advanced degree who specializes in
administering and evaluating psychological tests
including intelligence, aptitude, and interest tests. A
psychologist could also provide counseling and apply
principles of human behavior.
Reasonable
Accommodation
Modifications of a facility or program that can be
accomplished without undue administrative or
financial burden
Reevaluation
An assessment that occurs every three years, or more
if needed, to determine continued eligibility for special
education
Referral
The process of requesting that a student be evaluated
for special education and related services. Any
concerned person may refer a student, including
teachers, principals, parents, other agency personnel,
or the student.
Regression/Recoupment
The amount of loss of skills a child experiences over an
instructional break (primarily summer vacation) and the
amount of time it takes him or her to recover the lost
skills. Standards for when regression and recoupment
concerns require ESY are noted in case law and in
state and federal policy letters.
Rehabilitation Act of
1973
Civil rights statute designed to protect individuals with
disabilities from discrimination; purposes are to
maximize employment, economic self-sufficiency,
independence, inclusion and integration into society
Rehabilitation
Counseling Services
Related service; includes career development,
preparation for employment, vocational rehabilitation
services funded under the Rehabilitation Act of 1973
Related Services
IDEA requires that school districts provide whatever
related services (other than medical care which is not
for diagnostic purposes) a child needs in order to
benefit from his or her special education program.
Related services are support services that may include,
but are not limited to, speech-language pathology and
audiology services, psychological services, physical
and occupational therapy, recreation, early identification
and assessment, counseling, rehabilitation counseling,
orientation and mobility services, school health
services, social work services, parent counseling, and
training.
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
School Day
Any day, including a partial day, during the regular
school year that students are at school for
instructional purposes
School Health Services
Related service; services provided by a qualified school
nurse or other qualified person
Screening
A review of all children in a given group to identify those
students who may need an evaluation to determine the
need for special education services
Section 504
Provision of the Rehabilitation Act of 1973 which
prohibits recipients of federal funds from discrimination
against persons with disabilities; an evolving area of
administrative procedures. School districts may make a
Section 504 hearing process available, but that process
need not be the same as the IDEA hearing mechanism.
Settlement
Conclusion of a legal matter by agreement of opposing
parties in a civil suit before judgment is made
Short-term Instructional
Objectives/Benchmarks
STO
Statements in an IEP that describe the steps that allow
the student to reach the annual goals
Special Education
Special education means specially designed instruction,
to meet the unique needs of a child with a disability.
Specific Learning
Disability
SLD
Specific learning disability means a disorder in one or
more of the basic psychological processes involved in
understanding or in using language, spoken or written,
that may manifest itself in the imperfect ability to listen,
think, speak, read, write, spell, or to do mathematical
calculations, including conditions such as perceptual
disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
Disorders that are not included in the specific
learning disability category are learning problems
that are primarily the result of visual, hearing, or
motor disabilities, of intellectual disability, of
emotional disability, or of environmental, cultural, or
economic disadvantage.
Speech Language
Pathologist
SLP
Sometimes referred to as speech therapists or speech
teachers, these professionals assess, diagnose, and
treat students who need help with speech, language,
communication, voice, swallowing, fluency and other
related disorders.
Speech Therapy
Process for remediation of speech disorders such as
stuttering, lisping, and misarticulation conducted by a
qualified speech language pathologist on an
individualized or small group basis
215
Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Standardized Tests
Tests that have norms reflecting a larger population;
usually these are age or grade-based norms reflecting
the performance of children throughout the country on
the same tests
State Education Agency
SEA
State departments of education such as the Illinois
State Board of Education
Statute of Limitations
Time within which a legal action must be commenced
Statutory Law
Written law enacted by legislative bodies
Statutory Rights
Rights protected by statute, as opposed to
constitutional rights that are protected by the
Constitution
Student Assistance Team
SAT
See Student Support Team
Student Support Team
SST
Student support team, can also be called student
assistance team (SAT): a team of school professionals
(including classroom teachers, curriculum specialist,
school psychologist, speech-language therapist,
principal or assistant/vice principal), and parents who
meet to discuss problems a child is having in general
education classes. The goal of the SST is to discuss
ways in which to assist a child so that his or her
learning or behavioral problems minimize the effect
they have on his or her education.
Supplementary Aids and
Services
Aids, services, and other supports provided in general
education classes or other educational settings to
enable children with disabilities to be educated with
nondisabled children to the maximum extent
appropriate (in the least restrictive environment) as
required under IDEA
Surrogate Parent
An individual trained and appointed by ISBE to
exercise special education rights on behalf of children
with disabilities who are wards of the Illinois
Department of Children and Family Services (DCFS)
or are otherwise without access to parents
Suspension
Removal from all school programs by administrative
action for gross disobedience or misconduct
Telecommunications
Device for the Deaf
TDD
Special telephones with typewriter keyboards and
visual displays that provide people who are deaf with
access to telephones
216
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Temporary Record
A file that includes, but is not limited to, family
background information, intelligence test scores,
aptitude test scores, special education evaluations,
achievement level test results, participation in
extracurricular activities, disciplinary information,
eligibility conference summary reports, IEPs, reports or
information from non-educational persons or agencies,
and other information of relevance to the education of
the student; access is governed by the Illinois Student
Records Act
Testimony
Evidence given by a person as distinguished from
evidence from writings and other sources
Transcript
Official record taken during a trial or hearing by an
authorized stenographer
Transition Planning
At a minimum, this is planning for adolescents’
postsecondary lives and must begin by age 14½.
Helping a student transition from school to adult life
requires effective planning, school experiences,
services, and supports so that he or she can achieve a
desired outcome. See Individualized Transition Plan
Transition Services
Transition services means a coordinated set of activities
for a child with a disability that -
• is focused on improving the academic and
functional achievement of the child with a disability
to assist in the child’s movement from school to
postsecondary activities, and
• is based on the individual child’s needs, taking into ac-
count the child’s strengths, preferences, and interests.
Traumatic Brain Injury
TBI
Traumatic brain injury means an acquired injury to the
brain caused by an external physical force, resulting in
total or partial functional disability or psychosocial
impairment, or both, that adversely affects a child’s
educational performance. Traumatic brain injury applies
to open or closed head injuries resulting in impairments
in one or more areas, such as cognition, language,
memory, attention, reasoning, abstract thinking,
judgment, problem-solving, psychosocial behavior,
physical functions, information processing, speech, and
sensory, perceptual, and motor abilities. Traumatic
brain injury does not apply to brain injuries that are
congenital or degenerative or to brain injuries induced
by birth trauma.
217
Illinois State Board of Education, August 2020
Appendix C: Glossary of Key Terms
Word or Term
Acronym
Definition
Visual Impairment
VI
Visual impairment includes any type of sight problem
that even with glasses or contacts adversely affects
school performance. Children with visual impairments
can be further described as partially sighted or blind
based on the degree of visual impairment and their
educational needs.
Weapon
Means a “dangerous weapon” as defined in the United
States Code (weapon, device, instrument, material,
or substance, animate or inanimate that is used for or
is readily capable of, causing death or serious bodily
injury, except that such term does not include a packet
knife with a blade of less than 2½ inches in length), per
18 USC 930(g)(2)
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Educational Rights and Responsibilities: Understanding Special Education in Illinois
219
Appendix D:
Sample Forms
The following few pages provide the reader with some
important sample forms dealing with a few of the key topics
in the book. You will find the following in this appendix:
• Dynamic Learning Maps Alternate Assessment Participation
Guidance, page 220 (see Chapter 6 for more information)
• Delegation of Rights form for students aged 18 or older, page
222 (see Chapters 6 and 8 for more information)
• Parental Request for a Due Process Hearing, page 223 (see
Chapter 11 for more information)
Below each form, you will also find a web address to take you
to the same form online.
Please call us at (217)782-5589 or (866)262-6663 if you have
any further questions.
Appendix D: Sample Forms
ILLINOIS STATE BOARD OF EDUCATION
Dynamic Learning Maps Alternate Assessment
Participation Guidance
Students must participate in the state assessment through one of the following:
• the regular state assessment for the student’s grade, without accommodations,
• the regular state assessment for the student’s grade, with accommodations, or
• the alternate state assessment for the student’s grade.
Who is eligible to take the DLM Alternate Assessment?
The alternate assessment is intended for students with the most significant cognitive disabilities.
These students have intellectual functioning well below average (typically associated with an IQ
below 55) that exists concurrently with impairments or deficits in adaptive functioning (i.e.
communications, self-care, home living, social/interpersonal skills, use of community resources,
self-directions, functional academic skills, work leisure, health and safety). The reference to
"typically associated with an IQ of below 55" is to help distinguish between students with
cognitive disabilities and significant cognitive disabilities from students with the most significant
cognitive disabilities. This means that many students with cognitive disabilities will not qualify
for the DLM Alternate Assessment. By default, they must take our regular state assessment with
or without accommodations. The inclusion of the words "typically associated with" allows for
some district/school flexibility. It is by no means an absolute requirement.
Students taking the alternate assessment may be identified under a variety of educational
categories, including cognitive disabilities (mental retardation), autism, multiple disabilities, and
traumatic brain injury.
Who is not eligible for consideration to take the DLM Alternate Assessment?
Students who strictly have academic, language, social/emotional, physical or sensory disabilities
without co-occurring intellectual functioning well below average.
https://www.isbe.net/Pages/DLM-AA.aspx
220
Educational Rights and Responsibilities: Understanding Special Education in Illinois
Appendix D: Sample Forms
ILLINOIS STATE BOARD OF EDUCATION
Dynamic Learning Maps Participation Guidelines
As determined by the IEP, students with the most significant cognitive disabilities
may take the DLM if participation in the state’s regular assessments is not appropriate,
even with accommodations, and they meet all of the criteria below.
Participation
Criteria
Participation Criterion Descriptors
Yes
No
Reason(s) for Yes or
No Response
1. The student has a
significant cognitive
disability.
Review of student records indicate a
disability or multiple disabilities that
significantly impact intellectual
functioning and adaptive behavior.
*Adaptive behavior is defined as
essential for someone to live
independently and to function safely in
daily life.
☐
☐
2. The student’s
instruction is linked
to grade level content
and reflective of the
Common Core
Essential Elements
Goals and instruction listed in the IEP
for this student are linked to the
enrolled grade level Common Core
Essential Elements and address
knowledge and skills that are
appropriate and challenging for this
student.
☐
☐
3. The student
requires extensive
direct individualized
instruction and
substantial supports to
achieve measurable
gains in the grade-and
age-appropriate
curriculum.
The student:
a. requires extensive, repeated,
individualized instruction and
support that is not of a temporary or
transient nature and
b. uses substantially adapted materials
and individualized methods of
accessing information in alternative
ways to acquire, maintain,
generalize, demonstrate and transfer
skills across multiple settings
☐
☐
IMPORTANT NOTE: The IEP team’s decision that a student will take the DLM cannot be based on the following
factors; however, the existence of one or more of these factors does not prevent a student from taking the DLM if
they meet the other participation criteria:
▪ The student’s achievement is significantly below that of same-age peers, even when compared to other
students with disabilities.
▪ The student has an IEP.
▪ The student has a certain special education eligibility label or receives certain services.
▪ The student has excessive or extensive absences.
▪ The student has social, cultural, or economic differences.
▪ The student has English Language Learner (ELL) status.
▪ The student may not perform well on the regular assessment.
221
Appendix D: Sample Forms
STUDENT’S NAME: DATE: _
DATE OF BIRTH: DATE OF AGE OF MAJORITY: _
I, , am 18 years of age or older and a student who has the right
(Student Name)
to make educational decisions for myself under State and federal law. I have not been adjudged incompetent
and, as of the date of the execution of this document, I hereby delegate my right to give consent and make
decisions concerning my education to the individual identified below. This individual will be considered my
“parent” for purposes of the Individuals with Disabilities Education Improvement Act of 2004 and Article 14 of the
School Code and will exercise all of the rights and responsibilities concerning my education that are conferred on
a parent under those laws.
I understand and give my consent for this individual to make all decisions relating to my education on my behalf.
I understand that I have the right to be present at meetings held to develop my Individualized Education Program
(IEP) and that I have the right to raise any issues or concerns I may have and that the school district must consider
them.
This delegation will be in effect for one year from the date of execution below and may be renewed by my written
or other formal authorization. I also understand that I have the right to terminate the Delegation of Rights at any
time and assume the right to make my own decisions regarding my education. I understand that I must notify the
school district immediately if I revoke this Delegation of Rights prior to its expiration.
(OPTIONAL) - I have received this form and have chosen NOT to delegate my rights
_ _
Student Signature Date
(REQUIRED) - I have received this form and have CHOSEN to delegate my rights to the individual listed
below.
_
Name of “Parent” Representative Relationship (Optional)
_ _
“Parent” Representative Signature Date
_ _
Student Signature Date
_ _
Authorized School Personnel Signature Date
(REQUIRED, WHEN APPLICABLE) - I wish to TERMINATE the Delegation of Rights at this time and
assume the right to make my own decisions regarding my education.
_ _
Student Signature Date
ISBE 34-57K (1/08)
https://www.isbe.net/Documents/nc_deleg_34-57k.pdf
Illinois State Board of Education, August 2020
DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISIONS
222
Educational Rights and Responsibilities: Understanding Special Education in Illinois
223
https://www.isbe.net/Documents/dp_parental_19-86a.pdf