Ill. Admin. Code tit. 23 § 226.220

Current through Register Vol. 48, No. 24, June 14, 2024

Section 226.220 - Development, Review, and Revision of the IEP

The development, review, and revision of each child's IEP shall conform to the requirements of 34 CFR 300.324 and 300.328. The additional requirements of this Section shall also apply.

a) When an IEP has been developed or revised, the district shall provide notice in accordance with 34 CFR 300.503(b) and (c) immediately to the parents, and implementation of the IEP shall occur no later than 10 school days after the provision of this notice or by the beginning of the following school year if the IEP is developed or revised with fewer than 10 school days remaining in the school year. If the new or revised IEP requires extended-year services, those services shall be provided in accordance with the provisions of the IEP.

b)If, at a meeting to develop or revise a child's individualized education program, the IEP team determines that a certain service is required in order for the child to receive a free, appropriate public education and that service is not implemented within 10 school days after the service was to be initiated as set forth by the child's IEP, then the local education agency shall provide the child's parent or guardian with written notification that the service has not yet been implemented. The notification must be provided to the child's parent or guardian within 3 school days after the local education agency's non-compliance with the child's IEP and must inform the parent or guardian about the school district's procedures for requesting compensatory services. (Section 14-8.02f(d-5) of the Code) For purposes of this Section, "school days" does not include days in which a child is absent from school for reasons unrelated to a lack of IEP services or when the service is available but the child is unavailable.

c) Either a child's educational provider or a child's parent may request an IEP meeting at any time. Within 10 days after receipt of a request, the district shall either agree and notify the parent in accordance with 34 CFR 300.503 or notify the parents in writing of its refusal, including an explanation of the reason no meeting is necessary to ensure the provision of FAPE for the child.

d) The development of an IEP for a child who has a disability on the autism spectrum shall include consideration of the factors specified in Section 14-8.02(b)(1) through (7) of the Code.

Ill. Admin. Code tit. 23, § 226.220

Amended at 34 Ill. Reg. 17433, effective October 28, 2010

Amended at 40 Ill. Reg. 2220, effective 1/13/2016

Amended at 45 Ill. Reg. 3377, effective 3/2/2021