Current through Register Vol. 48, No. 38, September 20, 2024
A "free appropriate public education ("FAPE")" as defined at
34 CFR
300.17, must be made available by school
districts to children with disabilities in accordance with
34 CFR
300.101 through
300.103,
unless otherwise specified in this Section.
a) Transfer Students
Provision of FAPE to students who transfer into a local
school district shall be made in accordance with the requirements of
20
U.S.C. 1414(d)(2)(C). The
additional requirements of this subsection (a) shall also apply.
1) In the case of an eligible student
transferring into a district from another district within Illinois, when the
new district obtains a copy of the student's IEP before or at the time the
child is presented for enrollment:
A) The
district may adopt the IEP of the former local school district without an IEP
meeting if:
i) the parents indicate, either
orally or in writing, satisfaction with the current IEP; and
ii) the new district determines that the
current IEP is appropriate and can be implemented as written.
B) If the district does not adopt
the former IEP and seeks to develop a new IEP for the child, within ten days
after the date of the child's enrollment the district must provide written
notice to the parent, including the proposed date of the IEP meeting, in
conformance with Section
226.530.
While the new IEP is under development, the district shall implement services
comparable to those described in the IEP from the former
district.
2) If the new
school district does not receive a copy of the child's current IEP or a verbal
or written confirmation of the requirements of that IEP from the previous
school district when the child is presented for enrollment, the child shall be
enrolled and served in the setting that the receiving district believes will
meet the child's needs until a copy of the current IEP is obtained or a new IEP
is developed by the school district.
A) In no
case shall a child be allowed to remain without services during this
interim.
B) The new district shall
request the student's records from the sending district or school by the end of
the next business day after the date of enrollment.
C) No later than ten days after expiration of
the time allotted under Section 2-3.13a of the School Code [105 ILCS
5/2-3.13a] for the sending district or school to
forward the child's records, the new district shall provide written notice to
the parent of an IEP meeting for the purpose of developing a new IEP, unless
the sending district's or school's IEP arrives before this time elapses, the
student has transferred from a district within Illinois, and the new district
adopts the previously held IEP.
b) Jurisdictional Disputes
Each school district is responsible for ensuring that no
eligible child for whom services are sought is denied FAPE due to
jurisdictional disputes among Illinois agencies. Provision of FAPE to such a
student shall not preclude a district from seeking repayment for costs incurred
from any other school district or entity that is determined responsible for
such costs.
c) Eligibility;
Graduation or Completion of Program
1) An
eligible student who requires continued public school educational experience to
facilitate that student's integration into society shall be eligible for such
services through age 21. If the eligible student reaches the age of 22 during
the school year, the student is eligible for such services through the end of
the school year.
2) The provision
of FAPE is not required with respect to a student with a disability who has
graduated with a regular high school diploma.
3) A student with a disability who has
fulfilled the minimum State graduation requirements set forth in Section 27-22
of the School Code [105
ILCS 5/27-22] shall be eligible for a regular high
school diploma.
A) If the student's
individualized education program prescribes special education, transition
planning, transition services, or related services beyond that point, issuance
of that diploma shall be deferred so that the student will continue to be
eligible for those services.
B) If
the student is to receive a regular high school diploma, at least one year
prior to the anticipated date of its issuance, both the parent and the student
shall receive written notification in conformance with the requirements of
34 CFR
300.503 that eligibility for public school
special education services ends following the granting of a diploma and that
the parent (or the student, if Section
226.690
applies) may request an IEP meeting to review the recommendation that the
student receive a regular diploma.
4) Students who have participated in a
graduation ceremony but have not been awarded regular high school diplomas
continue to be eligible to receive FAPE through age 21. If the student reaches
the age of 22 during the school year, the student is eligible for such services
through the end of the school year.
d) Exception for Certain Students
Incarcerated as Adults
The right to receive FAPE does not extend to students from 18
through 21 or, if applicable, 22 years of age who are incarcerated and who were
not identified as eligible and did not have IEPs in their educational
placements immediately prior to incarceration.
