Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 828 - IMPARTIAL DUE PROCESS HEARING
Section 828.40 - What May Not be Appealed
Universal Citation: 89 IL Admin Code ยง 828.40
Current through Register Vol. 48, No. 38, September 20, 2024
a) The following matters are not appealable under this Part, but are appealable under the Department of Human Services-Division of Rehabilitation Services
(DHS-DRS) rules found at 89 Ill. Adm. Code 510 (Appeals and Hearings).
1) Matters concerning sex
equity or discrimination on the basis of sex as prohibited by the Illinois
School Code [105 ILCS
5/10-22.5 and 27-1] and the Education Amendments of
1972 (20
USC 1681) . Matters of sex equity may
ultimately be appealed to the State Superintendent of Education.
2) Matters concerning student records as set
forth in the Illinois School Student Records Act [105 ILCS 10 ] and the Family
Educational Rights and Privacy Act of 1974 (FERPA) (
20
USC 1232 g).
3) Matters concerning Vocational
Rehabilitation Services under the federal Rehabilitation Act of 1973, as
amended (
29 USC
701 et seq.).
b) The following matters are not appealable under this Part:
1) Changes in services or
procedures over which DHS-DRS exercises no discretion or control.
2) Issues related to the legality of DHS-DRS
rules.
3) Changes in services or
procedures that are mandated by federal or State law or regulation.
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