Current through Register Vol. 48, No. 12, March 22, 2024
a) The State Superintendent of Education
shall investigate an IHOPE program when any of the following occurs:
1) the program fails to receive approval to
continue operating, in accordance with the requirements of Section
210.80
of this Part;
2) a parent or
guardian files a written complaint with the regional superintendent of
education or CPS, as applicable, or the State Superintendent of Education
alleging that the program meets one or more of the following conditions:
A) A failure to meet educational outcomes as
enumerated in the approved IHOPE plan for a period of two or more consecutive
years;
B) A failure to comply with
all applicable laws as specified in Section 2-3.66b of the School Code and this
Part;
C) A failure to comply with
the terms and conditions of an IHOPE incentive grant received pursuant to
Subpart B of this Part; or
D) A
failure to maintain financial records according to Generally Accepted
Accounting Procedures or, in the case of CPS, 23 Ill. Adm. Code 100;
3) the State Superintendent
otherwise receives information or becomes aware of allegations that the program
meets one or more of the conditions set forth in subsection (a)(2) of this
Section.
b) If the State
Superintendent of Education, at the conclusion of the investigation, identifies
deficiencies in the program that meet any of the conditions specified in
subsection (a) of this Section, then he or she shall provide to the regional
office of education that established the program, or to CPS, as applicable,
written notification of the specific deficiencies found.
1) The regional office of education or CPS,
as applicable, shall submit to the State Superintendent of Education, within 30
calendar days after receiving the notification, a time-specific plan that
addresses the specific steps to be taken and staff responsible to remedy each
of the deficiencies cited. In no case shall the time needed to correct
deficiencies exceed 120 days.
2)
The State Superintendent shall approve the plan no later than 15 days after
receiving the plan if it meets all of the following requirements.
A) The timeframe is reasonable to correct the
cited deficiencies.
B) The proposed
steps to be taken to remedy the problems have a high likelihood of correcting
the cited deficiencies.
C) A
sufficient number of staff are proposed to implement the plan, and their
expertise relates to the areas in which the deficiencies were found.
3) The regional office of
education or CPS, as applicable, shall provide a copy of the deficiencies and
of the approved plan to any entity with which it has entered into a cooperative
agreement, intergovernmental agreement, contract or subcontract in order to
operate the program or to provide services for students enrolled, as well as to
any school district with which it has agreements to issue high school
diplomas.
4) If the regional office
of education or CPS, as applicable, provides evidence that it has corrected the
deficiencies within the timeframe specified in the plan approved pursuant to
subsection (b)(2) of this Section, then no change in the program's approved
status shall be made.
c)
If the regional office of education or CPS, as applicable, is unable to correct
all of the deficiencies within the timeframe specified in its plan, even after
the provision of technical assistance by State Board of Education staff, then
it may submit to the State Superintendent an amended plan.
1) The amended plan shall be submitted no
later than 30 calendar days prior to the time the affected deficiencies were to
be corrected.
2) The amended plan
shall identify the deficiencies that are still unresolved, specifying the
reasons for the delay and describing the steps to be taken to remedy the
problems and the timeline for completing each. In no case shall the time needed
to correct the remaining deficiencies exceed 30 additional calendar
days.
3) The State Superintendent
of Education will accept the amended plan, provided the remaining deficiencies
can be corrected within 30 calendar days and that none of the deficiencies:
A) presents an immediate health hazard or
danger to students and staff;
B)
severely affects the program's ability to provide a program appropriate to the
needs of the students enrolled (i.e., addresses the State Goals for Learning,
employs licensed staff, provides the services identified as necessary to assist
students to earn a high school diploma); and
C) represents prolonged or repeated problems
to a degree that indicates the program's intention not to correct the
deficiencies.
d) If the regional office of education or
CPS, as applicable, fails to demonstrate that all of the deficiencies have been
corrected within the timeframe specified in the amended plan, or fails to
submit an amended plan that meets the requirements of subsection (c) of this
Section, then approval to operate the program shall be suspended upon written
notification from the State Superintendent of Education.
1) The program may serve the students
enrolled in the program during the time of its suspension, provided it
continues to make progress as specified in its plan and no additional students
are enrolled in the program.
2) The
regional office of education or CPS, as applicable, shall provide a copy of the
notice of suspension to any entity with which it has entered into a cooperative
agreement, intergovernmental agreement, contract or subcontract in order to
operate the program or to provide services for students enrolled, as well as to
any school district with which it has agreements to issue high school
diplomas.
3) If the regional office
of education or CPS, as applicable, fails to correct all remaining deficiencies
within 30 calendar days after receiving the notice of suspension, then approval
to operate the program shall be revoked.
e) Notification to revoke program approval
shall be sent by certified mail, return receipt requested to the regional
office of education that established the program or to CPS, as applicable. A
regional office of education or CPS, as applicable, shall have 10 calendar days
after receipt of the notice of revocation to submit a written request for a
hearing pursuant to the Illinois Administrative Procedure Act [5 ILCS 100 ] and
the State Board of Education's rules for Contested Cases and Other Formal
Hearings (23 Ill. Adm. Code 475). The receipt of notification shall be
determined by the date of receipt shown on the return receipt form.
f) Once approval for a program has been
revoked:
1) a regional office of education or
CPS, as applicable, shall be ineligible to file any claim upon the Common
School Fund with regard to the program;
2) the State Superintendent of Education
shall recover grant funds from a regional office of education or CPS, as
applicable, in accordance with the provisions of the Illinois Grant Funds
Recovery Act [30 ILCS 705 ]; and
3)
all students (and their parents or guardians, as applicable) enrolled in the
program shall be informed in writing of the revocation no later than 10 school
days following receipt of the notification that approval has been
revoked.