Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 828 - IMPARTIAL DUE PROCESS HEARING
Section 828.50 - Impartial Due Process Hearing
Universal Citation: 89 IL Admin Code ยง 828.50
Current through Register Vol. 48, No. 38, September 20, 2024
a) A parent, guardian or student may request an impartial due process hearing.
b) A hearing may be requested for, but not limited to, the following reasons:
1) Objection to signing consent for a
proposed case study evaluation or initial placement.
2) Failure of the School, upon request of the
parents, guardians, other persons having primary care and custody of the
student, the student, or ISBE to provide a case study evaluation.
3) Failure of a local school district to
consider evaluations completed by qualified professional personnel outside the
local school district.
4) Objection
to a proposed special education placement, i.e., an initial placement, a
continuation of a previous placement, or a change in the placement.
5) Termination of a special education
placement.
6) Failure of the School
to provide a special education placement consistent with the finding of the
case study evaluation and the recommendations of the Eligibility Review (see 89
Ill. Adm. Code 795).
7) Failure of
the School to provide the least restrictive special education placement
appropriate to the student's needs.
8) Provision of special education
instructional or resource programs or related services in an amount
insufficient to meet the student's needs.
9) Recommendation for the graduation of a
student.
10) Failure of the School
to comply with any provision of this Part.
c) A hearing may be conducted via video conference or teleconference.
d) Receipt of a request for an impartial due process hearing shall cause the student to remain in his or her current educational placement, unless a mutual agreement is reached between the parents or guardians and the School.
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