LaSalle/Putnam
County EducationAL
TABLE
OF CONTENTS
SECTION
7 - STUDENTS
Equity and Compliance
7:10 Equal Educational Opportunities
7:15 Student and Family Privacy Rights
7:15 E Exhibit Notification to Parents of Family Privacy Rights
7:20 Harassment of Students Prohibited
7:20 AP Administrative Procedure – Harassment of Students Prohibited
Assignment and Admission
7:22 Evaluation, Identification and Due Process Procedures
7:22 AP2 Administrative Procedure – Audiological Screening Procedures
7:22 AP3 Administrative Procedure – Vision Assessment Procedures
7:22 AP4 Administrative
Procedure – L.E.A.S.E. Preschool Team Evaluation Procedures
7:22 AP5 Administrative Procedure – Required State Board Procedures – Section 10 - Procedural Safeguards
7:22 AP6 Administrative Procedure – The L.E.A.S.E. Referral Process
7:22 AP7 Administrative Procedure – Suggested 504 Procedures
7:22 AP8 Administrative Procedure – L.E.A.S.E. Involvement in Section 504 Activities
7:30 Student Assignment
7:30 AP1 Administrative Procedure – Organization of Instruction
7:50 Student Admissions
7:55 Placement of Students at Circuit Breaker School
7:60 Residence
7:60 E3 Exhibit – Evidence of Non-Parent’s Custody, Control, and Responsibility of a Student
7:70 AP1 Administrative Procedure – Attendance Reports, Runaways
7:70 AP2 Administrative Procedure – Truancy Prevention Program
7:80 Release Time for Religious Instruction/Observance
7:90 Release During School Hours
7:100 Health Examinations, Immunizations, and Exclusion of Students
7:100 AP1 Administrative Procedure – Physical Examinations
7:101 Student Insurance
7:110 OPEN
7:120 OPEN
Rights and Responsibilities
7:130 Student Rights and Responsibilities
7:130 AP1 Administrative Procedure – Student-Staff Relations at Circuit Breaker School
7:140 Search and Seizure
7:140 AP Administrative Procedure – Use of Metal Detectors for Student Safety
7:150 Agency and Police Interviews
7:150AP Administrative Procedure – Interviews by Police
7:160 Student Appearance
7:170 Vandalism
7:180 Preventing Bullying, Intimidation, and Harassment
7:182 Drug Abuse
7:182 AP Administrative Procedure – Drug/Alcohol Abuse
7:190 Student Discipline
7:190 AP1 Administrative Procedure – Student Drug Testing
7:190 AP2 Administrative Procedure – Gang Activity Prohibited
7:190 AP4 Administrative Procedure – Use of Isolated Time Out and Physical Restraint
7:190 AP5 Administrative Procedure – Use of Electronic Signaling Devices
7:190 AP6 Administrative Procedure – Guidelines for Reciprocal/Investigation of Sexting Allegations
7:200 Suspension Procedures
7:200 AP1 Administrative Procedure – Suspension/Expulsion of Special Education Students
7:230 Behavioral Intervention and Discipline – State Board Required Procedure – Section 10.5
7:230 AP1 Administrative Procedure – Guidelines for Implementation of the L.E.A.R.N.I.N.G. Room at C.B.S.
7:230 AP2 Administrative Procedure – After-school Detention at C.B.S.
7:240 Student Transportation
Welfare Services
7:250 Student Support Services
7:250 AP1 Administrative Procedure – Measures to Control the Spread of Head Lice at School
7:250 AP3 Administrative Procedure – Pupil Accident and Injuries
7:260 Exemption from Physical Activity
7:270 Administering Medicines to Students
7:270 AP1 Administrative Procedure – Administering Medicines to Students
7:270 AP2 Administrative Procedure – Dispensing Medication
7:270 E Exhibit – School Medication Authorization Form
7:275 Orders to Forgo Life-Sustaining Treatment
7:280 Communicable and Chronic Infectious Disease
7:280 AP1 Administrative Procedure – Managing Students with Communicable or Infectious Diseases
7:280 E1 Exhibit – Placement of Students with AIDS
7:285 Food Allergy Management Program
7:285 AP1 Implementing a Food Allergy Management Plan
7:290 Adolescent Suicide Awareness and Prevention Programs
Records
7:310 Restrictions on Publications and Written or Electronic Material
7:330 Student Use of Buildings – Equal Access
7:340 Student Records
7:340 AP1 Administrative Procedure – Student Records and Confidentiality
7:340-E1 Returning Student Temporary Records to Local
Districts
7:340 E2 L.E.A.S.E. Guidelines for Returning Student Temporary records to local districts.
7:340 E4 Exhibit – Biometric Information Collection Authorization
7:341 E-mailing Student Records
7:350 OPEN
7:360 OPEN
7:370 OPEN
LaSalle/Putnam
County Educational
Equal educational and extracurricular opportunities shall be available for all students without regard to race, color, national origin, sex, religious beliefs, physical and mental handicap or disability, status as homeless, or actual or potential marital or parental status, including pregnancy. Further, the Alliance will not knowingly enter into agreements with any entity or any individual that discriminates against students on the basis of sex or any other protected status, except that the Alliance remains viewpoint neutral when granting access to school facilities under Executive Committee policy 8:20, Community Use of School Facilities. Any student may file a discrimination grievance by using Board policy 2:260, Uniform Grievance Procedure.
Sex Equity
No student shall, based on sex, be denied equal access to programs, activities, services, or benefits or be limited in the exercise of any right, privilege, advantage, or denied equal access to educational and extracurricular programs and activities.
Any student may file a sex equity complaint by using Board policy 2:260, Uniform Grievance Procedure. A student may appeal the Executive Committee's resolution of the complaint to the Regional Superintendent (pursuant to 105 ILCS 5/3-10) and, thereafter, to the State Superintendent of Education (pursuant to 105 ILCS 5/2-3.8).
Administrative Implementation
The Director shall appoint a Nondiscrimination Coordinator. The Director and Building Principal shall use reasonable measures to inform staff members and students of this policy and grievance procedure.
LEGAL REF.:
Title IX, 20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106.
Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq.
Religious Freedom Restoration Act, 775 ILCS 35/5.
Good News Club v.
105 ILCS 5/10-21.3, 5/10-22.5, 5/22-19, and 5/27-1.
23
CROSS REF.: 2:260 (Uniform Grievance Procedure), 7:20 (Harassment of Students Prohibited), 7:130 (Student Rights and Responsibilities), 8:20 (Use of School Facilities)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The use of students’ names/photographs shall always be with written permission from the students’ parents/guardian.
Surveys
All surveys requesting personal information from students, as
well as any other instrument used to collect personal information from students, must advance or relate to the
Surveys Created by a Third Party
Before an
This section applies to every survey: (1) that is created by a
person or entity other than an
Survey Requesting
Personal Information
School officials and staff members shall not request, nor
disclose, the identity of any student who completes any survey or evaluation
(created by any person or entity, including the
1. Political affiliations or beliefs of the student or the student's parent/guardian.
2. Mental or psychological problems of the student or the student's family.
3. Behavior or attitudes about sex.
4. Illegal, anti-social, self-incriminating, or demeaning behavior.
5. Critical appraisals of other individuals with whom students have close family relationships.
6. Legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers.
7. Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian.
8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
The student’s parent(s)/guardian(s) may:
1. Inspect the survey or evaluation upon, and within a reasonable time of, their request, and/or
2. Refuse to allow their child or ward to participate in the activity described above. Students whose parent(s)/guardian(s) exercised this option shall not be penalized.
Instructional
Material
A student’s parent(s)/guardian(s) may inspect, upon their request, any instructional material used as part of their child/ward’s educational curriculum within a reasonable time of their request.
The term “instructional material” means instructional content that is provided to a student, regardless of its format, printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
Physical Exams or
Screenings
No
The above paragraph does not apply to any physical examination or screening that:
1. Is permitted or required by an applicable State law, including physical examinations or screenings that are permitted without parental notification.
2. Is administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.).
3. Is otherwise authorized by Board policy.
Selling or Marketing Students’ Personal Information Is Prohibited
No
The above paragraph does not apply: (1) if the student’s parent(s)/guardian(s) have consented; or (2) to the collection, disclosure or, use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions, such as the following:
1. College or other postsecondary education recruitment, or military recruitment.
2. Book clubs, magazines, and programs providing access to low-cost literary products.
3. Curriculum and instructional materials used by elementary schools and secondary schools.
4. Tests and assessments to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments.
5. The sale by students of products or services to raise funds for school-related or education-related activities.
6. Student recognition programs.
Under no circumstances may a school official or staff member provide a student’s “personal information” to a business organization or financial institution that issues credit or debit cards.
Notification of
Rights and Procedures
The Director or designee shall notify students’ parents/guardians of:
1. This policy as well as its availability upon request from the general administration office.
2. How to opt their child or ward out of participation in activities as provided in this policy.
3. The approximate dates during the school year when a survey requesting personal information, as described above, is scheduled or expected to be scheduled.
4. How to request access to any survey or other material described in this policy.
This notification shall be given parents/guardians at least annually, at the beginning of the school year, and within a reasonable period after any substantive change in this policy.
The rights provided to parents/guardians in this policy transfer to the student when the student turns 18 years old, or is an emancipated minor.
LEGAL REF.: Protection of Pupil Rights, 20 U.S.C. §1232h.
Children’s Privacy Protection and Parental Empowerment Act, 325
ILCS 17/1 et seq.
105 ILCS 5/10-20.38.
CROSS REF.: 2:260 (Uniform Grievance Procedure), 6:210 (Instructional Materials), 6:260 (Complaints About Curriculum, Instructional Materials, and Programs), 7:130 (Student Rights and Responsibilities)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Date
Re: Student Survey Participation
Dear Parents:
Your child will be asked to complete a survey as described below:
Survey description:
Survey grade/participants: Anticipated Survey date(s):
Parents/guardians may request that their child not participate in surveys that concern one or more of the following eight areas:
1. Political affiliations or beliefs of the student or student’s parent/guardian;
2. Mental or psychological problems of the student or student’s family;
3. Sexual behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom the student has close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents/guardians; or
8. Income other than as required by law to determine program eligibility.
The school will not penalize any student whose parent/guardian exercises this option. In addition, a parent/guardian may review surveys asking questions about the above areas as well as other instructional materials. School Board policy 7:15, Student and Family Privacy Rights, contains a more thorough explanation of these rights and may be obtained from the Building Principal.
Opt-Out Instructions (Note: This notice and opt-out right transfers from parents/guardians to any student who is 18 years old.)
If you do not want your child to participate in this activity, contact your child’s Building Principal no later than . If we do not hear from you by this date, we will assume that you do not object to having your child participate in the surveys described above.
Request to Review
If you wish to review any survey instrument or instructional material, please submit your request to the Building Principal. You will be notified of the time and place where you may review these materials.
Building Principal contact information:
LaSalle/Putnam
County Educational
No person, including an
Complaints of harassment, intimidation or bullying are handled
according to the provisions on sexual harassment below. The Director shall use reasonable measures to
inform staff members and students that the
Sexual Harassment Prohibited
Sexual harassment of students is prohibited. Any person, including an Alliance employee or agent, or student, engages in sexual harassment whenever he or she makes sexual advances, requests sexual favors, and engages in other verbal or physical conduct of a sexual or sex-based nature, imposed on the basis of sex, that:
1. Denies or limits the provision of educational aid, benefits, services, or treatment; or that makes such conduct a condition of a student's academic status; or
2. Has the purpose or effect of:
a. Substantially interfering with a student's educational environment;
b. Creating an intimidating, hostile, or offensive educational environment;
c. Depriving a student of educational aid, benefits, services, or treatment; or
d. Making submission to or rejection of such conduct the basis for academic decisions affecting a student.
The terms "intimidating," "hostile," and "offensive" include conduct that has the effect of humiliation, embarrassment, or discomfort. Examples of sexual harassment include touching, crude jokes or pictures, discussions of sexual experiences, teasing related to sexual characteristics, and spreading rumors related to a person's alleged sexual activities.
Students who believe they are victims of sexual harassment or have witnessed sexual harassment, are encouraged to discuss the matter with the student Nondiscrimination Coordinator, Building Principal, or a Complaint Manager. Students may choose to report to a person of the student's same sex. Complaints will be kept confidential to the extent possible given the need to investigate. Students who make good faith complaints will not be disciplined.
An allegation that one student was sexually harassed by another student shall be referred to the Director or Building Principal for appropriate action.
The Director or designee shall insert into this policy the
names, addresses, and telephone numbers of the
Nondiscrimination Coordinator:
|
Name |
Principal |
|
Address |
|
|
|
|
|
Telephone No. |
815/357-6633 |
Complaint Managers:
|
Name |
Assistant Director |
|
|
|
Address |
|
|
|
|
|
|
|
|
|
Telephone No. |
815/433-6433 |
|
|
The Director or designee shall use reasonable measures to
inform staff members and students that the
Any
LEGAL REF.: Title IX of the Educational Amendments, 20 U.S.C. §1681 et seq.
34 C.F.R. Part 106.
105 ILCS 5/10-22.5 and 5/27-1.
23 Ill. Admin. Code
§200.10 et seq.
Davis v. Monroe County Executive Committee of Education, 119 S.Ct. 1661 (1999).
Franklin v. Gwinnett Co. Public Schools, 112 S.Ct. 1028 (1992).
Gebser v. Lago Vista Independent Special Education
West v.
CROSS REF.: 2:260 (Uniform Grievance Procedure), 5:20 (Sexual / Disability Harassment), 7:10 (Equal Educational Opportunities)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
|
Actor |
Action |
|
Building Principal or Designee |
Distribute and publicize Board policy 7:20, Harassment of Students Prohibited, and Board policy 2:260, Uniform Grievance Procedure using various methods. Take measures to prevent harassment of students, including: 1. Conduct periodic harassment awareness training for all school staff, including administrators, teachers, and guidance counselors. 2. Conduct periodic age-appropriate harassment awareness training for students. 3. Establish discussion groups in which students can discuss what constitutes harassment and how to respond to it in the school setting. 4. Survey students to determine if harassment is occurring at school. 5. Conduct periodic harassment awareness training for parents/guardians. 6. Work with parents/guardians and students to develop and implement age-appropriate, effective measures for addressing harassment. 7. Determine when extra supervision and precaution should be taken, such as, when: two or more students seem to be in conflict with each other; there have been previous incidents of harassment, sexual assaults, threats, or bullying around perceived sexual orientation; or a specific student has had prior disciplinary violations. 8. Have a process in place to: (1) inform all relevant staff members who are responsible for supervising a student with a history of violent or sexually inappropriate behavior, and (2) keep the student constantly supervised. 9. Regularly train staff regarding: (1) their classroom and non-classroom supervisory responsibilities, e.g., during a school-sponsored event, before and after school, while students wait for the school bus, between classes, during lunch, and at recess, (2) behaviors that may be an indicator of sexual or physical violence against another student, and (3) what to do when they observe an unusual and disruptive student. 10. Identify areas in the school building that are isolated (e.g., restrooms, locker rooms, hallways while classes are in session, stairwells, and empty rooms) and take extra steps to make them safe. 11. Immediately notify the police and relevant parents/guardians when an assault or attempted assault has occurred. |
|
Nondiscrimination Coordinator and/or Grievance Complaint Manager |
Thoroughly and promptly
investigate allegations of harassment by: 1. Distributing Board policy 2:260, Uniform Grievance Procedure, to any person upon request; 2. Following Board policy 2:260, Uniform Grievance Procedure; 3. Notifying a student’s parents/guardians that they may attend any investigatory meetings in which their child is present; 4. Keeping the complaining parents/guardians informed of any investigation’s progress; and 5. Keeping confidential all information about an investigation and the statements of students and other witnesses. The Superintendent shall be kept informed of an investigation’s progress. |
|
All District Staff Members |
Immediately report to the Illinois Department of Children and Family Services any situation that provides you with reasonable cause to believe that a child may be an abused child or a neglected child. Promptly notify the Superintendent and Building Principal that you made a report. |
Evaluation and Protection in Evaluation
L.E.A.S.E. shall
implement the procedures established by the Illinois State Board of Education
for the process of student evaluation and re-evaluation. The L.E.A.S.E. Executive Committee has
resolved that each district assign a designee approved by the local district
superintendent and is clearly responsible for coordination and collection of
all necessary evaluation components as determined necessary by the evaluation
team.
L.E.A.S.E. shall
adhere to the procedures contained within the Illinois Administrative Code,
Section 226.180 insuring that a student’s parents have the right to obtain an
independent evaluation.
Procedural Safeguards
L.E.A.S.E. shall
follow the procedures developed and distributed by the Illinois State Board of
Education pertaining to the procedural safeguards associated with services to
students with disabilities.
Program Development - Compliance
The L.E.A.S.E.
Director and staff shall work closely with member districts to keep the
educational programs serving students in each special education setting in
compliance with the State and federal regulations.
The L.E.A.S.E.
Cooperative shall guide and assist its member districts to fully comply with
federal and State rules and regulations as well as with the I.S.B.E. official
statements of protocol and shall develop procedures for addressing
non-compliance situations. L.E.A.S.E.
staff will work with local district staff in avoiding and remediating
non-compliant activities.
Compliance with 504 Regulations
L.E.A.S.E. will
develop suggested procedures for possible use by our member districts which
promote the provision of free, appropriate public education school services,
including related services and aids that are designed to meet the individual
educational needs of any qualified individual ages 3-21. Such services shall be commensurate to those
provided to students who are non-disabled.
Services determined
under Section 504 are not usually delivered as special education services but
are most often limited to reasonable accommodations made within the regular
education classroom.
Due Process Hearings
By the nature of
L.E.A.S.E. being a decentralized Cooperative, the responsibility for initiating
and conducting due process hearings shall rest with the individual
districts. The L.E.A.S.E. staff shall
serve as consultants to the local district personnel and participate as
requested. L.E.A.S.E. shall follow the
due process hearing procedures pro-regulated by I.S.B.E.
LEG. REF.: Ill.
Adm. Code 226, Subpart D, 226.225.
LaSalle/Putnam
County Educational
Section
504 of the Rehabilitation Act of 1973
CASE
– Section 504 and
CROSS
REF.:
FORMS
REF.: 504
form packet
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A.
Evaluation and Determination of Eligibility
1.
Evaluation Procedures
a.
Definitions
(1)
The “date of referral” shall be the date the
(2)
Screening procedures used by a teacher or specialist to determine
appropriate instructional strategies for curriculum implementation shall not be
considered an evaluation.
(3)
Domain means an aspect of a child’s functioning or performance
that must be considered in the course of designing a case study
evaluation. The domains to be considered
are health, vision, hearing, social emotional status, functional performance,
general intelligence, academic performance, communication status, and motor
abilities.
b.
Procedures for Requesting an Initial Evaluation
Each
(1)
Designate the steps to be taken in making a request for an
evaluation;
(2)
Designate the persons to whom a request may be made;
(3)
Identify the information that must be provided;
(4)
Provide any assistance that may be necessary to enable persons
making requests to meet any related requirements established by the
(5)
Identify the process for providing the Parents with notice of
their rights with respect to procedural safeguards.
c.
Persons Who Can Make A Request for an Evaluation
A
request may be made by a Parent of a child or by an employee of a State
educational agency, another State agency, a local educational agency, or a
community service agency.
d.
(1)
The
(2)
To determine whether the child requires an evaluation, the
(3)
Within 14 school days after receiving a request for an evaluation,
the
(4)
If the
(5)
If an evaluation is to be conducted:
(a)
The
(b)
The team shall identify the assessments necessary to complete the
evaluation as described below and shall prepare a written notification for the
Parent(s) that describes any evaluation procedures to be conducted. For each domain, the notification shall
either describe the needed assessments or explain why none are needed. The team may identify the assessments
necessary without a meeting.
(c)
The School District shall ensure that the notification of the
team’s conclusions is transmitted to the Parent(s) within the 14-school-day
timeline applicable along with the
(d)
Informed written consent for the initial evaluation shall be
obtained from the Parent(s) of the child before conducting the evaluation.
e.
Identification of Needed Assessments
(1)
An evaluation shall cover all domains, which are relevant to the individual
child under consideration.
(2)
The following procedures shall be used for an evaluation:
(a)
The IEP Team members shall review and evaluate existing
information about the child, including the following if available:
i.
Information from a variety of formal and informal sources,
including information provided by the child’s Parent(s);
ii.
Current classroom-based assessments and observations;
iii.
Observations by teachers and providers of related services;
iv.
Information, if any, provided by the child; and
v.
Information from specialized evaluations such as those performed
by independent evaluators, medical evaluators, behavioral intervention
specialists, bilingual specialists, etc.
(b)
The team may conduct its review without a meeting.
(3)
After review of the information described above, the IEP Team
members shall determine whether additional evaluation data is needed in any
relevant domain and from what source(s) to determine:
(a)
Whether the child has, or continues to have, one or more disabling
conditions;
(b)
The present levels of performance and educational needs of the
child;
(c)
Whether the disability is adversely affecting the child’s
educational performance;
(d)
Whether the child needs or continues to need, special education
and related services; and
(e)
Whether any additions or modifications to the child’s special
education and related services are needed to enable the child to meet the goals
and objectives of his/her IEP and to participate appropriately in the general
curriculum.
f.
Upon completion of the assessments, but no later than 60 school
days following the date of receipt of informed written consent from the
Parent(s) to perform the needed assessments (or prior to the first day of the
next school year if there are less than 60 school days remaining at the time
informed written consent is received), the determination of eligibility shall
be made at an IEP meeting.
g.
If the
B.
Evaluation Requirements
1.
In conducting the evaluation, the
a.
Use a variety of assessment tools and strategies to gather
relevant functional, developmental and academic information about the child, including
information provided by the Parent(s) that may assist in determining:
(1)
Whether the child is a child with a disability;
(2)
The content of the child’s IEP.
b.
Not use any single measure or assessment as the sole criterion for
determining whether a child is a child with a disability and for determining an
appropriate educational program for the child.
c.
Use technically sound instruments that may assess the relative
contribution of cognitive and behavioral factors, in addition to physical or
developmental factors.
d.
Each evaluation shall be conducted so as to ensure that it is
nondiscriminatory with respect to language, culture, race, and gender.
(1)
The languages used to evaluate a child shall be consistent with the
child’s primary language or other mode of communication. Determination of the child’s language use
pattern and general cultural identification shall be made by determining the
languages spoken in the child’s home and the languages used most comfortably
and frequently by the child. If the
language use pattern involves two or more languages or modes of communication,
the child shall be evaluated by qualified specialists or, when needed,
qualified bilingual specialists using each of the languages or modes of
communication used by the child.
(2)
If documented efforts to locate and secure the services of a
qualified bilingual specialist are unsuccessful, the School District shall use
an individual who possesses the professional credentials required under 23
(3)
If documented efforts to locate and secure the services of a
qualified bilingual specialist or a qualified specialist assisted by another
individual are unsuccessful, the
(4)
Tests given to a child whose primary language is other than
English shall be relevant, to the maximum extent possible, to his/her culture.
(5)
Determination of the child’s mode of communication shall be made
by assessing the extent to which the child uses verbal expressive language and
the use he or she makes of other modes of communication (e.g., gestures,
signing, unstructured sounds) as a substitute for verbal expressive language.
(6)
If the child’s receptive and/or expressive communication skills
are impaired due to hearing and/or language deficits, the
(a)
Visual communication techniques in addition to auditory
techniques.
(b)
An interpreter to assist the evaluative personnel with language and
testing.
(7)
The child’s language use pattern, proficiency in English, mode of
communication, and general cultural identification shall be noted in the
child’s temporary student record, and this information shall be used in the
evaluation and in the development and implementation of the individualized
education program.
2.
Assessments and their evaluation materials must be:
a.
Used for the purposes for which the assessments or measures are
valid and reliable;
b.
Administered by trained and knowledgeable personnel; and
c.
Administered in accordance with any instructions provided by the
producer of the assessments.
C.
Determination of Eligibility
1.
No later than 60 school days following the date of receiving informed
written consent to conduct an evaluation (or prior to the first day of the next
school year if there are less than 60 school days remaining at the time
informed written consent is received), an IEP meeting will be held to consider
the results of the evaluation and, if the child is determined to be eligible
for special education and related services to develop an IEP.
2.
The team shall consist of a group of qualified professionals and
the Parent(s).
3.
The IEP Team, after considering the evaluation and other
information available regarding the child, shall determine whether the child is
or continues to be eligible for special education and related services as a
child with a disability as defined by federal and state law and the child’s
educational needs. In making this
determination, the IEP Team shall:
a.
Draw upon information from a variety of sources, including
aptitude and achievement tests, parental input, teacher recommendations,
physical condition, social or cultural background, and adaptive behavior;
b.
Ensure that information obtained from all of these sources is
documented and considered; and
c.
Ensure that a psychological evaluation has been conducted and a
recommendation for eligibility has been made by a school psychologist for all children
determined to have a cognitive disability.
4.
A child may not be determined eligible if the determinant factor
for that determination is lack of instruction in reading or math or limited
English proficiency and the child does not otherwise meet the
5.
At the conclusion of the meeting convened to consider the results
of the evaluation, the team shall prepare a report describing its consideration
of pre-existing information about the child, all new evaluation reports
obtained, and any other information relevant to the decision about the child’s
eligibility. This description shall
relate the information considered to the child’s needs and shall further
conform to the requirements relating to identifying students suspected of or
having a specific learning disability, if applicable. The IEP Team’s report shall also include:
a.
The date of the meeting;
b.
The signatures of the participants, indicating their presence at
the meeting; and
c.
Any separate written statement provided by a participant who
wishes to be on record as disagreeing with the conclusions expressed in the
team’s report.
6.
If an assessment is conducted under nonstandard conditions, a
description of the extent to which the assessment varied from standard conditions
shall be included in the evaluation report.
This information is needed so that the team of evaluators can assess the
effects of these variances on the validity and reliability of the information
reported and determine whether additional assessments
are needed.
7.
If any needed portion of the evaluation cannot be completed due to
lack of parental involvement, religious convictions of the family, or inability
of the child to participate in an evaluative procedure, the
8.
In the event that the student is determined to be eligible for
special education and related services, the IEP meeting shall be conducted
within 30 days (and no later than 60
school days from the date the School District receives the informed written
consent for the evaluation or reevaluation from the Parent(s)) after the
date of that determination.
9.
A copy of the IEP Team’s report, together with all documentation
upon which it is based will be maintained in the child’s temporary education
record in accordance with confidentiality requirements.
10.
A copy of the completed document will be provided to the
Parent(s). If requested, a copy of any evaluation
reports will also be provided.
11.
No later than 10 school days following the IEP meeting, the
Parent(s) will be provided a written notice of the determination of the team,
in compliance with 23 Ill. Admin. Code § 226.520.
D.
Additional Requirements for Identifying Children with Specific
Learning Disabilities
1.
The criteria for identifying children with specific learning
disabilities
a.
Must permit the use of a process based on the child’s response to scientific,
research-based intervention and, by 2010-2011 school year, require the use of a
process that determines how the child responds to scientific, research-based
interventions as part of the evaluation procedure;
b.
May permit the use of other alternative research-based procedures
to determine whether a child has a specific learning disability, as defined in
federal law; and
c.
In addition to the process described above, the
2.
Additional group members required to determine specific learning
disability eligibility
The determination of whether a child suspected of having a
specific learning disability is a child with a disability must be made by the
child’s Parent(s) and a team of qualified professionals, which must include:
a.
The child’s regular teacher; or
b.
If the child does not have a regular teacher, a regular classroom teacher
qualified to teach a child of his/her age; or
c.
For a child less than school age, an individual qualified by ISBE
to teach a child of his/her age; and
d.
At least one person qualified to conduct individual diagnostic
examinations of children, such as a school psychologist, speech-language
pathologist, or remedial reading teacher.
3.
Determining the existence of a specific learning disability
a.
The group described above may determine that a child has a
specific learning disability, if:
(1)
The child does not achieve adequately for the child’s age or to
meet State-approved grade-level standards in one or more of the following
areas, when provided with learning experiences and instruction appropriate for
the child’s age or State-approved grade-level standards:
(a)
Oral expression.
(b)
Listening comprehension.
(c)
Written expression
(d)
Basic reading skills.
(e)
Reading fluency skills.
(f)
Reading comprehension.
(g)
Mathematics calculation.
(h)
Mathematics problem solving.
(2)
A) The child does not make sufficient progress to meet age or State-approved
grade-level standards in one or more of the areas identified above when using a
process based on the child’s response to scientific, researched-based
intervention; or
B) The child exhibits a pattern of strengths and
weaknesses in performance, achievement, or both, relative to age,
State-approved grade-level standards, or intellectual development, that is
determined by the group to be relevant to the identification of a specific
learning disability, using appropriate assessments; and
The
group determines that its findings above are not primarily the result of:
(a)
A visual, hearing, or motor disability;
(b)
Cognitive disability;
(c)
Emotional disability;
(d)
Cultural factors;
(e)
Environmental or economic disadvantage; or
(f)
Limited English proficiency.
(3)
To ensure that underachievement in a child suspected of having a
specific learning disability is not due to lack of appropriate instruction in
reading or math, the group must consider, as part of the evaluation:
(a)
Data that demonstrate that prior to, or as a part of, the referral
process, the child was provided appropriate instruction in regular education
settings, delivered by qualified personnel; and
(b)
Data-based documentation of repeated assessments of achievement at
reasonable intervals, reflecting formal assessment of student progress during
instruction, which was provided to the child’s Parent(s).
(4)
The public agency must promptly request parental informed written
consent to evaluate the child to determine if the child needs special education
and related services, and must adhere to the timeframes, unless extended by
mutual written agreement of the child’s Parent(s) and a group of qualified
professionals:
(a)
If, prior to a referral, a child has not made adequate progress
after an appropriate period of time when provided instruction, as described
above; and
(b)
Whenever a child is referred for an evaluation.
4.
Observation
a.
The
b.
The group meeting to determine whether a child has a specific learning
disability, must decide to:
(1)
Use information from an observation in routine classroom
instruction and monitoring of the child’s performance that was done before the
child was referred for an evaluation; or
(2)
Have at least one member of the group conduct an observation of
the child’s academic performance in the regular classroom after the child has
been referred for an evaluation and parental informed written consent is
received.
c.
In the case of a child of less than school age or out of school, a
group member must observe the child in an environment appropriate for a child
of that age.
5.
Specific documentation for a determination of specific learning
disability
a.
For a child suspected of having a specific learning disability, the
documentation of the determination of eligibility must contain a statement of:
(1)
Whether the child has a specific learning disability;
(2)
The basis for making the determination, including assurance that
the determination has been made in accordance with Section 3, C (3) (a &
b);
(3)
The relevant behavior, if any, noted during the observation of the
child and the relationship of that behavior to the child’s academic
functioning;
(4)
The educationally relevant medical findings, if any;
(5)
Whether:
(a)
The child does not achieve adequately for the child’s age or to
meet State-approved grade-level standards as provided above; and
(b)
(A) The child does not make
sufficient progress to meet age or State-approved grade-level standards as
provided above; or
(B)
The child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, State-approved grade level
standards or intellectual development as provided above;
(1)
The determination of the group concerning the effects of a visual,
hearing, or motor disability; cognitive disability; emotional disability;
cultural factors; environmental or economic disadvantage; or limited English
proficiency on the child’s achievement level; and
(2)
If the child has participated in a process that assesses the
child’s response to scientific, research-based intervention:
(a)
The instructional strategies used and the student-centered data
collected; and
(b)
The documentation that the child’s Parent(s) were notified about:
i.
The State’s policies regarding the amount and nature of student
performance data that would be collected and the general education services
that would be provided;
ii.
Strategies for increasing the child’s rate of learning; and
iii.
The Parent(s)’ right to request an evaluation.
b.
Each group member must certify in writing whether the report
reflects the member’s conclusion. If it
does not reflect the member’s conclusion, the group member must submit a
separate statement presenting the member’s conclusions.
E.
Reevaluations
1.
The School District must ensure that a reevaluation of each child
with a disability is conducted in accordance with the procedures for an
evaluation in accordance with Section 3, A (1) (a), (d), (e), (f) and Section
3, B:
a.
If the School District determines that the educational or related
services needs, including improved academic achievement and functional
performance, of the child warrant a reevaluation; or
b.
If the child’s Parent(s) or teacher requests a reevaluation.
2.
A reevaluation conducted as described above:
a.
May occur not more than once a year, unless the Parent(s) and the
public agency agree otherwise; and
b.
Must occur at least once every 3 years, unless the Parent(s) and
the
F.
Independent Educational Evaluation
1.
Parents have the right to obtain an independent educational
evaluation of their child in accordance with State and federal law. (See Section 10, (L)).
2.
An “Independent Educational Evaluation” (“IEE”) means an
evaluation conducted by a qualified examiner who is not employed by the
3.
The
LEGAL REF.: 20 U.S.C. §§ 1412 (State eligibility),
1412(a)(3), 1413 (local educational agency
eligibility), 1413(a)(1), 1413(a)(3).
34 C.F.R. §§
300.122, 300.201, 300.301- 300.311.
23 Ill.Admin.Code §§ 226.110, 226.120, 226.130, 226.135,
226.140, 226.150, 226.180.
CROSS REF.:
ADOPTED: September 11, 2008
Revised
March 12, 2009
LaSalle/Putnam
County Educational
Audiological screenings are provided at the
L.E.A.S.E. Office and are available to students from birth to graduation from
high school.
A.
Request
Process
Before an audiological
evaluation can be scheduled and done, L.E.A.S.E. must receive a L.E.A.S.E. screening request and written parent
permission.
1. A L.E.A.S.E. audiologic screening request form is completed and sent to
the L.E.A.S.E. office with a parental permission signature on the screening
request form.
2. L.E.A.S.E. can
also receive referral information over the telephone and the parent may then
sign the request form at the time of the evaluation.
a.
The
referral information is written on a audiologic screening request form.
b.
Parent
permission is then obtained by sending the audiologic
screening request form to the parent to be signed and returned to L.E.A.S.E.
B.
Distribution
of the Audiologic Screening Request Form
1. The L.E.A.S.E. Audiologic Screening Request Form is given to the
audiologist for processing and a copy is sent to the student’s resident district
with the evaluation if the child is age three or above.
2. The child’s
name, address, parent’s name, district and phone number are placed on a
computer list according to the date recommended for the next appointment.
C.
Scheduling
the Appointment
1. The
audiologist’s secretary calls the parent to inform them of available
appointment dates and times.
2. When
re-evaluations are due, the audiologist’s secretary sends a card to the parent
asking them to call her for an appointment.
3. The student’s
name is written in the appropriate time slot in the appointment book.
D.
Preparation
for Audiologist
The secretary to the audiologist is
responsible for the preparation of the student files for the appointments
upcoming.
1. The secretary to
the audiologist types the schedule of appointments for the coming week. A copy of the schedule is given to the
receptionist on or before each Friday for the upcoming week.
2. The secretary
pulls the files of the students scheduled and gives them to the audiologist.
E.
Processing
the Audiological Report
The audiologist in the L.E.A.S.E. Office
then gives the reports to her secretary to be processed.
1. All reports are
typed by the audiologist and given to her secretary to be copies and mailed and
subsequently placed in that child’s L.E.A.S.E. file and sent to the child’s
resident district if the child is age three or above.
2. A copy of the audiological report is sent to the school nurse, home
district psychologist or special education contact person, the L.E.A.S.E.
Coordinator of hearing impaired / (if the student is determined to be hearing
impaired) or responsible Coordinator/s and to any other persons that the
audiologist notes on the bottom of the report.
3. If the report is
to be sent to any outside agency or doctor, the audiologist procures parent
permission to release such information.
4. The report is
then given to the Coordinator/s of the specific program/s for review and
initialing.
5. If the student
is not now in or projected to need a special education program and no follow up
is necessary, the report is then filed in the L.E.A.S.E. student file.
F.
Audiological Follow Up and
Re-screening
If follow up on re-screening is needed,
the audiologist notes this on the audiological
report.
1. If the student
needs to be seen for an audiological re-screening,
the audiologist puts the student’s name on a re-screening list for the month in
which the student needs to be seen. A
postcard is sent to the parent asking them to call L.E.A.S.E. for an
appointment.
2.
If
a parent or student does not call to cancel the appointment and does not attend
the appointment twice within one school year, a letter is sent to the parent
with a copy sent to the requesting party and to the district for children age
three and above explaining that the child did not attend the screening.
LaSalle/Putnam
County Educational
Procedures
for a Vision Consultation:
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:22 AP4
Preschool
screenings are provided by the L.E.A.S.E. Preschool Team and are available to
students age three through five throughout LaSalle and Putnam Counties.
A.
Preschool
Team Evaluation Request Process
Before an evaluation can be completed by
the Preschool Team, L.E.A.S.E. must receive a copy of the Parent Consent for
Evaluation (ISBE 34-57B) and a copy of the Identification of Needed Assessments
(ISBE 34-57B/C).
1. The school
district contacts the secretary to the L.E.A.S.E. Preschool Team to request and
schedule an evaluation appointment.
2. The School
district immediately forwards the appropriate forms (ISBE 34-57B and
ISBE 34-57B/C) to the L.E.A.S.E. office.
3. Interpreters, as
needed, shall be provided at the District’s expense for evaluations conducted
by the L.E.A.S.E. Preschool Team. If the
District does not have access to an interpreter, L.E.A.S.E. can provide support
in securing such services.
B.
Preschool
Team Evaluation Reports
1. A copy of the
evaluation report is sent to the resident district psychologist or special
education contact person, appropriate L.E.A.S.E. Coordinator/s and to any other
persons that the Team notes on the bottom of the report.
2. All reports are
reviewed by the appropriate L.E.A.S.E. coordinator prior to being placed in the
students’ file at L.E.A.S.E.
3. If the report is
to be sent to any outside agency, parent permission to release such information
must be obtained.
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:22 AP5
A.
Procedural Safeguards Notice
1.
Written notification of the procedural safeguards available to the
Parent(s) of a child with a disability shall be given to the Parent(s) one time
per school year, and:
a.
Upon referral for an initial evaluation or reevaluation or Parent
request for evaluation or reevaluation;
b.
In accordance with certain disciplinary removals (see Section
10.5);
c.
Upon request by a Parent; and
d.
Upon receipt of the first State complaint and upon first request
for a due process hearing in a school year.
2.
The procedural safeguards notice shall include a full explanation
of all of the procedural safeguards relating to:
a.
Independent education evaluation;
b.
Prior written notice to Parents as required by State and federal
law;
c.
Parental consent;
d.
Access to educational records;
e.
f.
The availability of mediation;
g.
The child’s placement during the pendency of any due process
complaint;
h.
Procedures for children who are subject to placement in an interim
alternative educational setting;
i.
Requirements for unilateral placement by Parents of children in
private schools at public expense;
j.
Due process hearings, including requirements for disclosure of
evaluation results and recommendations;
k.
Civil actions; and
l.
Attorneys’ fees.
B.
Prior Notice by
1.
The
2.
The notice required by this Section shall include:
a.
A description of the action proposed or refused by the
b.
An explanation of why the
c.
A description of any other options that the IEP Team considered
and the reason why those options were rejected;
d.
A description of each evaluation procedure, assessment, record, or
report the
e.
A description of any other factors that are relevant to the
f.
A statement that the Parent(s) of a child with a disability have
protection under the procedural safeguards of the Individuals With Disabilities
Education Act, Article 14 of The School Code of Illinois and their respective
implementing regulations, and an indication of the means by which a description
of those procedural safeguards may be obtained; and
g.
Sources for Parents to contact to obtain assistance and
understanding of the provisions of the IDEA, Article 14, and their respective
implementing regulations.
C.
Notice of Issuance of Diploma
If a student is to receive a
regular high school diploma, at least one year prior to the anticipated date of
its issuance, both the Parents(s) and the student shall receive written
notification that eligibility for public school special education services ends
following the granting of a diploma and that the Parent (or student if he or
she is 18 or over) may request an IEP meeting to review the recommendation that
the student receive a regular diploma.
D.
Language of Notifications
1.
The notices required under the “Procedural Safeguards Notice” and
“Notice by
2.
If the native language or other mode of communication of the Parent(s)
is not a written language, the School District shall take steps to insure and
document that the notice is translated orally or by other means to the
Parent(s) in his/her native language or other mode of communication and that
the Parent(s) understands the content of the notice.
E.
1.
The Parent(s) of a child with a disability shall be afforded an
opportunity to inspect and review all education records with respect to their
child. The
2.
Whenever a meeting is to be held which a Parent has a right to
attend, the following requirements shall apply:
a.
The School District shall notify in writing the Parent(s) at least
ten days prior to the proposed date of the meeting of the purpose of the
meeting, the proposed date, time, and place for the meeting, who will be in
attendance; and the Parent(s)’ right to invite other individuals whom the
Parent(s) believe have knowledge or special expertise regarding the child; for
the initial IEP meeting of a child who was previously served under Part C of
the IDEA, upon request of the Parent, the Part C service coordinator or other
representative of the Part C system; and, beginning not later than the first
IEP to be in effect when the child turns 14½, or younger if deemed appropriate
by the IEP Team, that post-secondary goals and services will be considered,
that the student will be invited, and the identity of any other agency that
will be invited to send a representative;
b.
If the Parent(s) indicates that the proposed date or time is
inconvenient, the
c.
If neither Parent can attend, the
d.
A meeting may be conducted without a Parent in attendance if the
e.
The School District shall take whatever action is necessary and
reasonable to facilitate the Parent(s)’ understanding of and participation in
the meeting including arranging for and covering the expense of an interpreter
for Parents who are deaf or whose native language is other than English; and
f.
Any document generated during the meeting shall be provided to the
Parent(s) upon request, unless applicable federal or State statute or federal
regulation requires its automatic provision without a request.
F.
Consent
1.
The
a.
Conducting any initial evaluation;
b.
The initial provision of special education and related services to
a child;
c.
Conducting any reevaluation;
d.
Using the Parent(s)’ private insurance or Medicaid or other public
benefits or insurance programs to pay for services required by the child’s IEP;
e.
Using an IFSP instead of an IEP;
f.
Disclosing personally identifiable information about a child,
consistent with the requirements of federal and State law;
g.
Disclosing information to officials of participating transition
agencies; and
h.
Disclosing information to officials of a private school or a
private school student’s district of residence.
2.
Consent for a proposed action is written agreement provided by a
Parent(s) who has been fully informed of all information relevant to the
activity for which consent is sought in his/her native language or mode of
communication; who understands and agrees in writing to the carrying out of the
activity for which consent is sought, and the consent describes the activity
and lists the records (if any) that will be released and to whom; and that the
agreement is voluntary and may be revoked at any time.
3.
Parental informed written consent is not required before reviewing
existing data as part of an evaluation or a reevaluation or administering a
test or evaluation that is administered to all children unless parental
informed written consent is required of all children taking the test.
G.
Revocation of Consent for Evaluations and Reevaluations
1.
Revocation of informed written consent for evaluations or
reevaluations may be communicated orally or in writing. If communicated orally, the
H.
Revocation of Consent for Special Education and Related Services
1.
A Parent may revoke consent for special education and related
services.
2.
Revocation of consent for special education and related services
may be communicated by a Parent in writing or orally. The District will memorialize the Parent’s
oral revocation of consent in writing and provide a copy to the Parent within
five days.
3.
Within 10 calendar days
after the School District’s receipt of oral or written revocation of consent,
the School District will provide the Parent with prior written notice at which
time all IEP services shall cease. The School
District will promptly inform all staff members whose activities are affected
by the revocation.
4.
When a Parent revokes consent for special education and related
services:
a.
The
b.
The
c.
The School District will not be considered to be in violation of
the requirement to make FAPE available to the child because of the failure to
provide the child with further special education and related services.
d.
The
I.
Filing a Due Process Complaint
1.
The Parent(s) or the School District may file a due process
complaint regarding: the School
District’s proposal to initiate or change the identification, evaluation, or
educational placement of the child or the provision of FAPE to the child; or
the School District’s refusal to initiate or change the identification,
evaluation, or educational placement of the child or the provision of FAPE to
the child. The due process complaint
must allege a violation that occurred not more than two years before the date
the Parent(s) or
2.
Notification to Parent(s)
The
a.
The name and address of the residence of the child or in the case
of a homeless child or youth (within the meaning of the McKinney-Vento Homeless
Assistance Act), available contact information for the child;
b.
The name of the school that the child attends;
c.
A description of the nature of the problem of the child relating
to the proposed or refused initiation or change of the identification,
evaluation, or educational placement of the child or the provision of FAPE to
the child, including facts relating to such problem; and
d.
A proposed resolution of the problem to the extent known and
available to the party filing the due process complaint at the time.
e.
This written notice must be provided to the Parent by the School
District upon the
3.
Content of the Due Process Complaint
The filing, basis for, and
content of the due process complaint, whether by a Parent, a student, or the
School District, must contain items specified in Section 10, G (2) (a-d) and a
party may not have a hearing on a due process complaint until the party, or the
attorney representing the party, files a due process complaint that meets these
requirements. If a party believes that
the due process complaint does not meet these requirements, a party can challenge
the sufficiency of the due process by notifying the hearing officer and the
other party in writing within 15 days of receipt of the due process
complaint. The due process complaint
must be deemed sufficient unless such a challenge is made. The hearing officer must make a determination
on the face of the due process complaint of whether the due process complaint
meets the requirements within
5 days of receipt of the
challenge and must immediately notify the parties in writing of that
determination.
4.
Notification of Free or Low Cost Legal Services or Other Related
Services in the Area
The School District shall
inform the Parent(s) in writing of any free or low-cost legal services and
other publicly-funded services available in the area if the Parent(s) requests
the information or the Parent(s) or the
5.
Forwarding of Parent Due Process Complaint to ISBE
The School District’s
Superintendent shall, within 5 days after its receipt of the due process complaint,
forward the complaint by certified mail or another means that provides written
evidence of delivery to the Illinois State Board of Education in
6.
If the School District has
not sent a “prior written notice” under IDEA’s implementing regulations at 34
C.F.R. § 300.503 to the Parent(s) regarding the subject matter contained in the
Parent(s)’ due process complaint, the School District must, within 10 days of
receiving the due process complaint, send to the Parent a response that
includes:
a.
An explanation of why the
b.
A description of other options that the IEP Team considered and the
reasons why those options were rejected;
c.
A description of each evaluation procedure, assessment, record, or
report the
d.
A description of the other factors that are relevant to the
e.
The School District’s submission of a response to the Parent’s due
process complaint does not preclude the
7.
Other Party Response to Due Process Complaint
The party receiving a due
process complaint must, within 10 days of receiving the due process complaint,
send to the other party a response that specifically addresses the issues
raised in the due process complaint.
8.
Resolution Meeting
Within 15 days of receiving
notice of the Parent(s)’ due process complaint, and prior to the initiation of
a due process hearing, the School District must convene a meeting with the
Parent and the relevant member or members of the IEP Team who have specific
knowledge of the facts identified in the due process complaint. This meeting must include a representative of
the School District who has decision-making authority on its behalf and cannot
include the
9.
Amendment of the Due Process Complaint
A party may amend its due
process complaint only if: the other
party consents in writing to the amendment and is given an opportunity to resolve
the due process complaint through a resolution meeting; or, the hearing officer
grants permission, except that the hearing officer may only grant permission to
amend at any time not later than five days before the due process hearing
begins.
10.
Rights of the Parties Related to the Impartial Due Process Hearing
Any party to a due process
hearing has the following rights:
a.
To be accompanied and advised by counsel and by individuals with
special knowledge or training with respect to the problems of children with
disabilities;
b.
To present evidence and confront, cross-examine, and compel the
attendance of witnesses;
c.
To prohibit the introduction of any evidence at the hearing that
has not been disclosed to that party at least five business days before the
hearing;
d.
To obtain a written, or, at the option of the Parent(s),
electronic, verbatim record of the hearing;
e.
To obtain written, or, at the option of the Parent(s), electronic
findings of fact and decisions; and
f.
To receive disclosure of all evaluations completed by five
business days prior to the hearing and recommendations based on the offering
party’s evaluations that the party intends to use at the hearing.
11.
Parental Rights Related to the Due Process Hearing
Parent(s) involved in
hearings must be given the right:
a.
To have the child who is the subject of the hearing present;
b.
To open the hearing to the public;
c.
To have the record of the hearing and the findings of fact and
decisions provided at no cost to the Parent; and
d.
To have access to the
12.
Participant’s Right to Interpreter
Either party, or any other
person participating in the hearing, may request that an interpreter be
available during the hearing because one of the participants is hearing
impaired and/or uses a primary language other than English. Interpreters shall be provided at the expense
of the
13.
Stay-Put
During the pendency of any
administrative or judicial proceeding initiated pursuant to this Section,
except as provided below, unless the
14.
School District Authority to Change a Student’s Placement
School personnel have the
authority to change the current educational placement of a child with a
disability:
a.
For not more than 10 consecutive school days for any violation of
school rules, and additional removals of not more than 10 consecutive school
days in that same school year for separate incidents of misconduct (as long as
those removals do not constitute a change of placement as defined in the IDEA
and related federal and State regulations); and
b.
To an appropriate interim alternative educational setting for the
same amount of time that a child without a disability would be subject to
discipline, but for not more than 45 school days, if:
(1)
The child carries a weapon to or possesses a weapon at school, on
school premises, or to or at a school function; or
(2)
The child knowingly possesses or uses illegal drugs or sells or
solicits the sale of a controlled substance while at school, on school
premises, or at a school function; or
(3)
The child has inflicted serious bodily injury upon another person
while at school, on school premises, or at a school function; or
(4)
Ordered by a hearing officer in accordance with the expedited
hearing procedures set forth below.
15.
Hearing Timelines
The School District will
fully cooperate with the timelines set forth by the hearing officer to ensure
that the hearing process is completed within 45 days from: the expiration of the 30-day resolution
period; or, the date both parties agree in writing to waive the Resolution
Meeting; or, after either the Mediation or Resolution Meeting starts but before
the end of the 30-day period, the parties agree in writing that no agreement is
possible.
16.
Right to Appeal Hearing Decision
The Parent(s) or the
J.
Expedited Due Process Hearings
1.
The
2.
The Parent(s) or child (if he or she is at least 18 years of age
or emancipated) may request an expedited due process hearing if there is
disagreement with regard to:
a.
The
b.
The decision of the
c.
The interim alternative educational setting selected.
3.
When requesting an expedited hearing the requesting party must
provide the following:
a.
Name of legal counsel if the party is represented by counsel or
intends to retain counsel;
b.
Matters in dispute and specific relief sought;
c.
Names of all witnesses to be called to testify at the hearing; and
d.
Relevant documents.
4.
No later than two days prior to the hearing, both parties involved
in the expedited hearing must disclose to the hearing officer and to each other
any evidence, which is intended to be submitted into the hearing record.
5.
Unless the Parents and the
K.
Mediation
1.
The purpose of mediation is to attempt to informally resolve
disputes regarding the identification, evaluation, or placement of, or the
provision of free, appropriate public education to, a child. The
2.
ISBE’s Special Education Unit shall appoint a trained impartial
mediator upon the request of the Parent(s) or the
3.
Mediation is entirely voluntary.
In no way shall mediation be used as a means to deny or delay a Parent’s
right to a hearing or any other rights afforded under IDEA, Article 14 of The
School Code, or their implementing regulations.
4.
Any resolution reached as part of the mediation process must be
set forth in writing, is legally binding, and is enforceable by a court of competent
jurisdiction.
5.
Discussions that occur during mediation shall be confidential and
may not be used as evidence in any subsequent due process hearings or civil
proceedings.
L.
Complaints
1.
A Parent, individual, organization, or advocate may file a signed,
written complaint with ISBE alleging that the School District has violated the
rights of one or more children with disabilities. Such a complaint must include:
a.
A statement that the
b.
The facts on which the statement is based;
c.
The signature and contact information for the complainant;
d.
The names, addresses, and schools of attendance of the students
involved, if known;
e.
A description of the nature of the problem of the child, including
facts relating to the problem; and
f.
A proposed resolution to the problem to the extent known and
available to the party at the time the complaint is filed.
2.
A complaint to ISBE must allege only violations that occurred not
more than one year prior to the date on which ISBE receives the complaint.
M.
Surrogate Parents
1.
The
a.
The Parent(s) cannot be identified or located; or
b.
The child is a ward of the State; or
c.
The child is an unaccompanied youth as defined in Section 725(6)
of the McKinney-Vento Homeless Assistance Act.
2.
The
3.
If, after reasonable efforts have been made, the Parent(s) cannot
be located, the
4.
If, after reasonable efforts have also been made to identify a
guardian of the child or a person acting as the Parent(s) of the child, no such
person has been either identified or located, the School District shall make a
written request to ISBE to appoint a surrogate Parent(s) for the child in
matters relating to the identification, evaluation, and educational placement
of, and provision of free, appropriate public education to, him or her.
5.
The written request to ISBE shall include information on the racial,
linguistic or cultural background of the child.
N.
Independent Educational Evaluations
1.
Parent(s) have the right to obtain an independent educational
evaluation of their child, subject to the provisions of federal and State law.
2.
The
3.
If the Parent(s) disagree with the
4.
If the
5.
An independent educational evaluation at public expense shall be
completed within 30 days after receipt of a Parent’s written request, unless
the
6.
If the final decision of the hearing and review process is that
the
7.
If the School District’s evaluation is shown to be inappropriate,
the
8.
If the Parent(s) are entitled to an independent educational evaluation
at public expense, it shall be completed within 30 days after the decision is
rendered, unless the parties agree that the 30-day period should be
extended. If either party wishes such an
extension and is unable to obtain the other party’s agreement, the
9.
When an independent evaluation is obtained at public expense, the
party chosen to perform the evaluation shall be either:
a.
An individual whose name is included on the list provided by ISBE
with regard to the relevant type(s) of evaluation; or
b.
Another individual possessing the credentials required by 23
10.
If the Parent(s) wishes an evaluator to have specific credentials
in addition to those required by 23
11.
The conditions under which an independent evaluation is obtained
at public expense, including the location of the evaluation and the
qualifications of the examiner, shall meet the criteria that the
12.
If the Parent(s) obtains an independent educational evaluation,
the written results of that evaluation shall be considered by the IEP Team and
may be presented as evidence at a due process hearing as provided by law. The
O.
Transfer of Parental Rights
1.
All rights accorded to Parent(s) under the IDEA, Article 14 of The
School Code, and their implementing regulations transfer to the child when
he or she reaches 18 years of age or becomes an emancipated minor, unless a
legal guardian has been appointed for the child or the child delegates his/her
rights to the Parents or another adult after the child turns 18 years of
age. The
2.
The
LEGAL REF.: 20 U.S.C. §§ 1412(a)(6)
(State eligibility), 1412(a)(7), 1413(a)(1) (local educational agency
eligibility), 1415 (procedural safeguards).
34
C.F.R. §§300.500-300.520 (procedural safeguards and due process),
300.610-300.627 (confidentiality of information), 300.322 (Parent
participation), 300.154(d) (methods of ensuring services), 300.320(c)
(notification of transfer of rights).
105
ILCS 5/ 8.02, 5/14-8.02a, 5/14-8.02b, 5/14-6.10.
23
CROSS
REF.:
ADOPTED: September 11, 2008
Revised March 12,
2009
Revised October 8,
2009
Revised September
6, 2011
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:22 AP6
1.
When
a student is felt to have an educational deficit requiring accommodation and/or
modification of his/her current program, the “Problem Solving” process should
be implemented. The focus of the
“Problem Solving” process is to develop interventions, which allow students to
succeed in their current education or other environment. A building-based “Problem Solving Team” (or
other appropriate team in your school) first should proceed to address the
educational difficulties of a specific student through data gathering resulting
in the implementation of alternative interventions, preferably within the
child’s current environment, to address any concerns verified by the data
gathered.
2.
Your
building-based “Problem Solving Team” should meet periodically to evaluate the
success of the interventions attempted and revise interventions as needed. Data should be kept on the results of the
recommended intervention/s over a reasonable period of time as necessary to
fairly evaluate the success of the intervention/s attempted. Data may show that an intervention initially
attempted is in need of revision.
Interventions are documented as to their effectiveness and their length
of implementation. Intervention
decisions are then made based upon the evaluation data collected.
3.
The
documented data generated by the building-based “Problem Solving Team” over
time may subsequently be used, if absolutely necessary, to determine whether or
not to complete a referral to evaluate a student for special education
eligibility. However, individuals may
complete a referral at any time during the process.
4.
School
personnel, parents, community service agency employees, professional persons
having knowledge of the child, the child, an employee of the State Board of
Education and possibly others may communicate a disability-related concern
regarding a child via the “L.E.A.S.E. Referral for Evaluation” form.
5.
Referrals
for the determination of special education eligibility can be made at any time
a qualified individual deems it necessary.
6.
Each
public school building within L.E.A.S.E. has “L.E.A.S.E. Referral for
Evaluation” forms available to refer children age 2.5 through 21. Each L.E.A.S.E. public school district shall
designate appropriate personnel to initially accept referrals.
7.
The
specific reasons for referral and the related general education interventions
attempted by your building-based “Problem Solving Team” must be clearly
documented on and/or attached to the “L.E.A.S.E. Referral for Evaluation” form.
8.
If
a student speaks a language other than English in the home, a “Student Language
Survey” form must be completed and also attached to the “L.E.A.S.E. Referral
for Evaluation” form.
9.
After
completing the entire “L.E.A.S.E. Referral for Evaluation” form and all
necessary attachments, the “L.E.A.S.E. Referral for Evaluation” form is
forwarded to the designated person in the school district in which your school
is located who is responsible for initially processing referrals.
10.
The
public school district shall determine whether an evaluation is warranted
within 14 school days of receiving the referral. Regardless of the decision, to conduct or not
to conduct an evaluation, the form “Notification of Decision Regarding a
Request for Evaluation” I.S.B.E. form
34-57A must be completed by the district
designee and sent to the parent within 14 days of receiving the referral.
11.
An
“Explanation of Procedural Safeguards” must also be sent with I.S.B.E. Form
34-57A.
12.
Immediately
notify the police and relevant parents/guardians when an assault or attempted
assault has occurred.
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:22 AP7
Section 504 is an Act which prohibits discrimination against persons with a handicap in any program receiving Federal financial assistance. The Act defines a person with a handicap as anyone who:
1.
has
a mental or physical impairment which substantially limits one or more major
life activities (major life activities
include activities such as caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working);
2.
has
a record of such impairment; or
3.
is regarded as having such an
impairment.
4.
In
order to fulfill its obligation under Section 504, the (Name of District),
recognizes a responsibility to avoid discrimination in policies and practices
regarding its personnel and students. No
discrimination against any person with a handicap will knowingly be permitted
in any of the programs and practices in the school system.
5.
The
school district has specific responsibilities under the Act, which include the
responsibility to identify, evaluate, and, if the child is determined to be
eligible under Section 504, to afford access to appropriate educational
services.
6.
If
the parent or guardian disagrees with the determination made by the
professional staff of the school district, he/she has a right to a hearing with
an impartial hearing officer.
The
Family Educational Rights and Privacy Act (FERPA) also specifies
rights related to educational records.
This Act gives the parent or guardian the right to: 1) inspect and review his/her child's
educational records; 2) make copies of these records; 3)
receive a list of all individuals having access to those records; 4) ask
for an explanation of any item in the records;
5) ask for an amendment to any
report on the grounds that it is inaccurate, misleading, or violates the
child's rights; and 6) a hearing on the issue if the school refuses
to make the amendment.
If
there are questions, please feel free to contact (Name, Address and Phone
Number of the Superintendent).
Eligibility
Determination:
I. The district regular education
screening procedure shall be followed for all students suspected of having a
disability.
A. Students who, as a result of screening,
appear to have a disability under IDEA-Part B, shall
be referred and evaluated under existing district procedures. (L.E.A.S.E. referral form)
B. Students who, as a result of screening,
do not appear to have a disability under IDEA-Part B, but may be disabled under
Section 504 shall be evaluated to ensure a free appropriate public education.
C. A direct 504 referral by parents,
school personnel, other persons having knowledge of
the child, the child, or the State Board of Education may be made at any
time. It should be noted, under Section
504, that the parent or guardian must be provided with notice of actions
affecting the identification, evaluation or placement of the student.
II. Best practice would indicate that the
"504 evaluation team" should consist of a member of the Section 504
evaluation team, the principal, the teacher (s), and any other district staff
deemed knowledgeable about the student, i.e. nurse, counselor, etc.
III. IDEA
evaluation assurances, procedures and test instruments will be applied to 504
evaluations as appropriate.
IV. The
primary purpose of conducting an individual assessment of a student is to
gather information sufficient to permit a group of persons knowledgeable about
the child to determine whether the student is disabled under Section 504.
V. In
order to determine that a student who has been assessed is a student with a
disability, the knowledgeable group must conclude that:
A. The student has a physical or mental
condition (any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following systems: neurological, musculoskeletal, special sense
organs, respiratory, cardiovascular, digestive, skin, and endocrine or any
mental or psychological disorder such as mental retardation, organic brain
syndrome, emotional or mental illness, and ADD/ADHD).
B. Has
a record of such an impairment, or
D. The presence of such a physical or
mental impairment limits one or more of their major life activities that result
in adverse affects on the student's accessing a free appropriate public
education. Providing a free appropriate
public education, requires accommodations/adaptations
in the regular education environment or other support services.
Major life activities are defined as:
walking, seeing, hearing, speaking, breathing, learning, working, caring for
oneself and performing manual tasks as these pertain to education and the
school setting.
E. Because of the identified disability,
the student is in need of accommodations/ adaptations in the regular education
environment, special education or other support services in order to receive a
free, appropriate public education.
If the appropriate placement is special
education, this will be done in the least restrictive environment. The student is always to be educated with
non-disabled peers to the maximum extent appropriate. The district provides nonacademic and
extracurricular services and activities that offer persons with disabilities
the opportunity to participate with individuals without disabilities in such
activities to the extent appropriate to the needs of the person with
disabilities.
VI. A variety of sources shall be used by the
district to assess whether or not a student is disabled under Section 504. Information used by the team may come from
standardized measures, interviews with the child and parents, rating scales,
observational data, adaptive behavior assessments, teacher records, social and
cultural background data, criterion referenced measures, medical reports,
records review, etc.
VII. The case study as outlined in 23 Illinois
Administrative Code 226.150 and the evaluation requirements outlined in 226.130
explain one means of meeting the evaluation requirements under Section
504. The thoroughness of the assessment
is determined by the district depending upon the needs of the individual
student in question.
1. Some examples of possible conditions
covered under 504 include:
A. communicable
diseases (H.I.V., T.B., etc.)
B. medical conditions (asthma,
allergies, etc.)
C. temporary medical conditions due to
illness or accident
D. attention deficit disorder (A.D.D.,
A.D.H.D.)
E. behavioral difficulties
F. drug
and/or alcohol conditions
2. Depending upon the type of condition presented
by the student, a district should conduct more than one of the following types
of evaluation:
A. review
of medical reports or other records;
B. observation
of the student;
C. interview
with the student of family;
D. evaluation with standardized instruments
and/or
informal measures.
1. The evaluation
procedures shall be:
A.
necessary and
appropriate to determine the nature and extent of a disabling condition or a
suspected disabling condition or to assess general or specific areas of
educational needs
B.
appropriate for the age and stage of development of each student
to whom they are administered.
C.
validated for the specific purpose(s) for which they are used
and administered in conference with instructions provided by their producer.
D.
free of racial,
cultural, language, or sex bias.
E. selected and
administered so as to ensure that when a test is administered to a child with
impaired sensory, manual, or speaking skills, the test results accurately reflect
the child's aptitude or achievement level or whatever other factors the test
purports to measure, rather than reflection the child's impaired sensory,
manual, or speaking skills (except where these skills are the factors which the
test purports to measure).
F. written
and administered in the native language or conducted in the mode of
communication most familiar to the person being assessed, unless it is clearly
not feasible to do so.
G. administered by trained
personnel in conformance with the instructions provided by their producer.
No single procedure shall be used
by the district to assess whether or not a student has a disability under
Section 504.
VIII.
The evaluation shall be completed
within 60 school days of the date of referral.
IX. Procedural Safeguards:
A. The evaluation team will convene a
Section 504 meeting for a student whose evaluation has been completed.
B. The 504 meeting will be conducted
within 60 school days of the date of signed parental consent for the evaluation
or reevaluation consideration of 504 eligibility.
C. The notice to attend the 504 conference
shall be sent to all participants at least 10 calendar days prior to the
conference.
D. The team will be responsible for making
the determination of eligibility under Section 504 and determining what data is
required to define the impact of the disability in the educational environment
and/or the type of services/accommodations that may be needed as they relate to
the educational setting.
E. The Section 504 Conference Summary form
documenting the evaluation findings, eligibility, and the educational
services/accommodations to be provided will be completed. The Conference
Summary will become a part of the student's temporary record. This documentation is to be completed and
filed to document ineligibility as well as eligibility.
F. The parent will be given a copy of the
conference summary. Also provided will
be a cop of the parent's rights under Section 504. (see copy provided
with this procedure).
G. Recommendations made at the 504
conference shall be determined by consensus of the participating public school
staff.
H. The parents have the right to review
their child's records and have the right to representation at the 504
conference.
X.
A
reevaluation of each 504 initial evaluation addressing the components of the
most recent evaluation will be conducted every three (3) years or more
frequently if conditions warrant. For
any eligible student, the 504 plan developed for that student will be reviewed
at least annually by the evaluation team or another group of persons
knowledgeable about the child as determined by the district to determine
continued eligibility or any change in services.
XI. Mitigating Measures – A school district
must consider a student’s use of mitigating measures in determining whether the
student is substantially limited in a major life activity. “Mitigating measures” are devices or
practices that a person uses to correct for or reduce the effects of that
person’s mental or physical impairment.
Examples include corrective eyeglasses and medications. A person who experiences no substantial
limitation in any major life activity when using a mitigating measure does not
meet the definition of a person with a disability and would not be entitled to
FAPE under Section 504. Source:
“Protecting Students with Disabilities:
Frequently Asked Questions about Section 504 and the Education of
Children with Disabilities”; Office of Civil Rights. Available on the O.C.R. web site at
http://www.ed.gov/about/offices/list/ocr/index.html
Exiting
from Services
A meeting with a group
of persons knowledgeable about the child shall recommend the termination of a
student from Section 504 services provided it determines, on the basis of the
review of all pertinent information/data, that:
A. the student no longer requires any
specialized services to meet the identified needs.
B. the student no longer requires any
special accommodations with the regular classroom.
C.
the student can be appropriately
educated in a regular classroom
environment, without the special support.
D. no physical or mental impairment
substantially limits any major life activity.
504
Hearing Procedure
Due process rights of students with disabilities
and their parents under Section 504 will be enforced. (Name of 504 coordinator)
is the coordinator of Section 504 activities for the district.
If parents disagree with the district's
identification, evaluation, provision of services or change or termination of
services under Section 504, they have a right to request a 504 hearing. The following hearing procedure will be
followed:
The district 504 forms, i.e., “Meeting
Invitation To Parents” and "Section 504 Accommodation Plan”, indicate a district
contact person if a parent requests a hearing under the provisions of Section
504. This person will attempt to resolve
the parent complaint in an informal manner.
If resolution is not reached, the district contact person shall advise
the parent(s) of the following procedures.
1. The parent request for a hearing shall
be in writing. The request shall specify
the reason(s) the hearing is being requested.
2. Within a reasonable time period
(suggested 15 school days) of the receipt by the district of the request for
the hearing, the district shall discuss with the parents alternative impartial
504 hearing officers. The parents and
the district will agree on a selection and rank order alternative hearing officers.
3. The district shall, upon determination
of the selection, promptly notify the hearing officer of the pending case. In the event that the first choice hearing
officer cannot hear the case, the second choice officer shall be contacted. In the event that the second choice officer
cannot hear the case, the district shall contact the agreed upon third choice
officer. If none of the officers
contacted can hear the case, the parents will be asked to discuss and
prioritize three additional hearing officers from another list which will be
shared with the parents within five (5) school days of the notice of decline
from the third hearing officer.
4. The hearing shall be scheduled by the
hearing officer within a reasonable time (15 school days is a suggested
reasonable time).
5. The district and the parents shall have
the right to present evidence relevant to the issues raised. The parties shall have the right to be
represented at the hearing by legal counsel.
6. The hearing officer shall limit his/her
decision to the issue or issues presented by the parents in their written
request for a hearing. The hearing
officer's decision must be written and shall include a summary of the evidence
and the reasons for the decision. The
decision is to be based solely on the hearing officer's interpretation of the
meaning or application of Section 504 of the Rehabilitation Act of 1973.
7. The hearing officer's decision will be
made within a reasonable period of time following the conclusion of the
hearing. Thirty (30) calendar days is
suggested as a reasonable time. The
hearing officer shall send a copy of the decision to the parent(s) and to the
school district.
8. The decision of the hearing officer
shall be considered final.
9. The hearing will be provided at no cost
to the parents.
Annual
Notification of 504 Services
The
LaSalle/Putnam County Educational Alliance for Special Education annually
notifies the public through local newspaper announcements of available services
throughout the Cooperative and how to access them. (See document entitled
"Information Regarding Section 504 of the Rehabilitation Act of 1973"
in Appendix of this procedure.)
Section
504 Grievance Procedure
The district has an internal grievance
procedure providing for prompt and equitable resolution of complaints alleging
any action prohibited by regulations implementing Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that "no
otherwise qualified individual with a disability ....will, solely by reason of
his disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving
federal financial assistance......"
Individual students, and/or a
parent/guardian on behalf of the student, who feel they have been discriminated
against and have not been able to receive relief at the level that the alleged
violation occurred may have a formal hearing on a complaint. Complainants should address their correspondence
to:
(Name and
Address of District Superintendent)
It
is assumed that most complaints will be dealt with directly by the persons
involved without resorting to the procedures described below. However, should that not be possible, a
formal, written complaint may be filed.
1. A complaint should be filed in writing,
contain the name and address of the person filing it, and briefly describe the
alleged violation of the regulations.
2. A complaint should be filed within ten (10)
days after the complainant becomes aware of the alleged violation.
3. An investigation, as may be
appropriate, shall follow the filing of a complaint. The investigation shall be conducted by the
district 504 Coordinator. These rules
contemplate a hearing and thorough investigation affording all interested
persons and their representatives, if any, an opportunity to submit evidence
relevant to a complaint.
4. A written determination as to the
validity of the complaint and a description of the resolution, if any, shall be
issued by the district Section 504 Coordinator and a copy forwarded to the
complainant and superintendent of schools no later than five (5) school days
following the hearing.
5. The district Section 504 Coordinator
shall maintain the files and records of any complaints filed with the district.
6. The complainant may request a
reconsideration of the case in the instances where he or she is dissatisfied
with the resolution. The request for
reconsideration should be made in writing within five (5) school days to the
district superintendent of schools.
7. The right of a person to a prompt and
equitable resolution of the complaint filed hereunder will not be impaired by
the person's pursuit of other remedies, such as the filing of a Section 504
complaint with the responsible person, department, or agency. Utilization of this grievance procedure is
not a prerequisite to the pursuit of other remedies.
8. These rules shall be construed to
protect the substantive rights of interested persons, to meet appropriate due
process standards, and to assure that the (Name of District) complies with
Section 504 implementing regulations.
9. When complaints are not resolved
through the grievance procedure, the parent/guardian may request a 504 hearing.
(Section
504 of the Rehabilitation Act of 1973)
The
following is a description of the rights granted by federal law to students
with disabilities. The intent of the law
is to keep you fully informed concerning decisions about your child and to
inform you of your rights if you disagree with any of these decisions.
You
have the right to:
1. Have your child
take part in, and receive benefits from public education programs without
discrimination because of his/her disability;
2.
Have the school district advise you of your
rights under federal law;
2. Receive notice
with respect to identification, evaluation, or placement of your child;
3. Have your child receive
a free appropriate public education.
This includes the right to be educated with nondisabled students to the
maximum extent appropriate. It also
includes the right to have the school district make reasonable accommodations
to allow your child an equal opportunity to participate in school and
school-related activities;
4. Have your child
educated in facilities and receive services comparable to those provided
nondisabled students;
5. Have your child
receive an individualized evaluation and receive specialized education services
if s/he is found to be eligible under Section 504 of the Rehabilitation Act;
6. Have evaluation,
educational, and placement decisions made based upon a variety of information
sources, and by persons who know the student, the evaluation data, and placement options;
7. Have
transportation provided to and from an alternative placement setting determined
by the school district at no greater cost to you than would be incurred if the
student were placed in a program operated by the district;
8. Have your child
be given an equal opportunity to participate in nonacademic and extracurricular
activities offered by the district;
9. Examine all
relevant records relating to decisions regarding your child’s identification,
evaluation, educational program and placement and obtain copies of educational
records at a reasonable cost unless the fee would effectively deny you access
to the records;
10. Receive a
response from the school district to reasonable requests for explanations and
interpretations of your child’s records;
11. Request
amendment of your child’s educational records if there is reasonable cause to
believe that they are inaccurate, misleading or otherwise in violation of the
privacy or other rights of your child.
If the school district refuses this request for amendment, it shall
notify you within a reasonable time, and advise you of the right to a hearing;
12. File a local
grievance as described in these suggested procedures;
13. Request an impartial
due process hearing related to decisions or actions regarding your child’s
identification, evaluation, educational program or placement. You and the student may take part in the
hearing and have an attorney represent you at your own expense. The impartial Hearing Officer will be
selected by the district and the parent.
Hearing requests must be made to (the
local district Section 504 Coordinator’s name goes here.) This is the person in the district who is
responsible for assuring the district complies with Section 504
requirements.
Disability
Harassment
Disability
harassment under Section 504 is intimidation or abusive behavior toward a
student based on a disability that creates a hostile environment by interfering
with or denying a student’s participation in or receipt of benefits, services,
or opportunities in the institution’s program.
Harassing conduct may take many forms, including verbal acts and
name-calling, as well as nonverbal behavior, such as graphic and written
statements, or conduct that is physically threatening, harmful, or humiliating.
When
harassing conduct is sufficiently severe, persistent, or pervasive that it
creates a hostile environment, it can violate a student’s rights under the
Section 504 regulations. A hostile environment
may exist even if there are no tangible effects on the student where the
harassment is serious enough to adversely affect the student’s ability to
participate in or benefit from the educational program. Examples of harassment that could create a
hostile environment follow.
When
disability harassment limits or denies a student’s ability to participate in or
benefit from an educational institution’s programs or activities, the school
must respond effectively. Where the
school learns that disability harassment may have occurred, the school must
investigate the incident(s) promptly and respond appropriately. The responsibility to respond to disability
harassment, when it does occur, includes taking prompt and effective action to
end the harassment and prevent it from recurring, and, where appropriate,
remedying the effects on the student who was harassed.
The
following measures are ways to both prevent and eliminate harassment:
Source: Office of Civil Rights (O.C.R.) “Dear Colleague”
Letter dated July 25, 2000; the full statement is available on the O.C.R. web
site at http://www.ed.gov/about/offices/list/ocr/index.html
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:22 AP8
Section 504 of
the Rehabilitation Act is Civil Rights legislation and applies mainly to
accommodations made for student programming within the general education
classroom. Therefore, special education involvement in 504 proceedings to facilitate staffings,
train staff, consult with parents, etc. can create confusion and risk
for the L.E.A. Consistent with
L.E.A.S.E. Policy 7:22, the following describes and clarifies L.E.A.S.E. staff
involvement in Section 504 local district activities:
1.
L.E.A.S.E. will support the development and
implementation of training programs for L.E.A. staff regarding 504 Regulations
and the responsibilities of the district-designated 504 Coordinator. L.E.A.S.E. will collaborate with our two R.O.E.’s to facilitate 504 Coordinator training for local
district administrators through
2.
L.E.A.S.E. staff will serve as consultants to L.E.A.
504 Coordinators during these training activities.
3.
L.E.A.S.E. staff will provide access to resources
and consultation for designated local district 504 Coordinators.
4.
Inservice needs for local district staff on 504 requirements will be communicated
by L.E.A.S.E. to our two R.O.E.’s.
5.
L.E.A.S.E. staff will support the needs of all
students and staff relative to disability determination or programming.
LaSalle/Putnam
County Educational
The Director, member districts and program Coordinators shall work cooperatively to provide appropriate curriculum which meets the needs of all students with disabilities.
Program Coordinators, in cooperation with the Director and with local district approval, may:
1. conduct informal diagnostic testing and consultations which may lead to referrals to member districts to assist in the determination of a student's eligibility for enrollment into a special education program.
2. conduct multidisciplinary staffing conferences to determine eligibility for special education services and/or to determine the specific special educational placement of the student with a disability, as well as, define the instructional and resource programs and related services for the student.
The I.E.P. conference shall generate a written statement for the student (IEP) which describes the student's educational progress and considers the initiation, continuation or termination of special education services for the student.
Standard Program
Students with disabilities placed in the standard program shall remain in the local school district program to receive his/her education. Program modifications and support services will be delivered by the regular classroom teacher or by specialists who serve as methods and materials consultants to the local district.
Standard or Alternate Standard Program with Resource Programs and/or Itinerant Services
The student with a disability placed in the standard program with resource and/or itinerant services shall remain in the local school district program to receive his/her basic education. However, specialized educational instructional services shall be provided to the child for less than fifty percent (50%) of his/her school day.
Self-Contained Special Program
The student with a disability placed in a self-contained special program shall receive in excess of fifty percent (50%) of his/her basic education in a special education self-contained class or in a special school. Related services shall be provided as needed.
Whenever appropriate, the student shall be included in the regular classroom environment in order to attain specific educational objectives.
State Operated or Private Program
The student with a disability whose exceptional characteristic/s are so profound or complex that no special education program offered by the public schools can adequately or appropriately meet the student’s needs shall be referred to either a non-public or a private facility.
Any educational or related services provided, according to Article 14
of The School Code, in a non-public school or special education facility
or a special education facility owned and operated by a government unit shall
be at no cost to the parent or guardian of the student.
Special education and related services are provided in conformance with an I.E.P. that meets the requirements of C.F.R. 300.340-300.350.
Any private school or private facility used to serve students within L.E.A.S.E. shall meet the standards applied by the Illinois State Board of Education.
The student placed by the local education agency has all the rights of other children with disabilities who are served by the public agency.
LEGAL REF.: Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.
Individuals With Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794.
105 ILCS 5/14-1.01 et seq., 5/14-7.02, and
5/14-7.02a.
23 Ill. Admin. Code § 226.
CROSS REF.: 4:170 (Safety), 6:15 (School Accountability)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
As stated in the L.E.A.S.E. Constitution under Article II:
"The purpose of the
Special education instructional and related services shall be available to identified children with disabilities between the ages of three (3) through twenty-one (21) enrolled in the local member school districts of the Cooperative. Students who become twenty-one during the school year shall be given the privilege of finishing that year of school. Special education services may be available to children age 0-3 who have been identified with a disability.
When a student becomes 15 years old, the high school district assumes financial responsibility for the student’s special education services.
When a student successfully completes and graduates from a secondary program, all eligibility for public school education is terminated.
The implementation of programs of instruction shall be decentralized to the local school districts of L.E.A.S.E. or its affiliates unless otherwise authorized to do so by action of the L.E.A.S.E. Executive Committee.
The grouping and housing of instructional levels in member districts shall be according to local district planning in consultation with the L.E.A.S.E. Director and staff.
The organizational levels for instruction maintained by L.E.A.S.E. may include, but are not limited to the following identified age groups:
Early Intervention Services (0-3)
Pre-School (3-5)
Primary (5-8)
Intermediate (9-11)
Junior High (12-14)
High School (15-21)
The age range of students within a special education instructional self-contained program or in any individual instructional grouping shall not exceed four (4) years at the elementary level and six (6) years at the high school level, unless specified otherwise by law or I.S.B.E.-approved deviations.
Because of unique circumstances in a given instructional grouping, it may become necessary for L.E.A.S.E. to deviate from the class enrollment and age grouping mandated by the Illinois Administrative Code. The Director or designee first shall seek approval for any such deviations by a written request to the Illinois State Board of Education whenever possible prior to implementing an enrollment variation.
The L.E.A.S.E. Director shall work closely with member districts to keep the educational programs serving students with disabilities in compliance with State and federal regulations.
LEGAL REF.: Constitution of the LaSalle/Putnam County Educational
Ill.Rev.Stat., ch. 122, para. 14-1.02 through 14-4.01 (1983)
Ill. Adm. Code Subpart D, 226.220
CROSS REF.: 7:30 (Student Assignment)
ADOPTED: September 11, 2008
Students
enrolled in Circuit Breaker School who, during the course of that enrollment,
are placed in a hospital, other treatment facility, detention facility, or are
excessively truant, shall continue to be considered enrolled at Circuit Breaker
School until the date that it is determined by a multi-disciplinary staff
conference that eligibility for and continuation of enrollment at Circuit
Breaker School is no longer appropriate.
The student's
resident school district superintendent shall be immediately notified of a
district student who is truant on an unexcused basis for ten (10) consecutive
days or of a student being assigned to another facility. The district superintendent will then have
the option to continue or not continue the student's enrollment at Circuit
Breaker School according to his/her district policy procedure. The district superintendent determines and
reports to Circuit Breaker School whether the student should continue to be
enrolled at C.B.S. or should be officially dropped from the rolls by an
appropriately held exit staffing. At
this exit staffing, the exact drop date is to be agreed upon and, of course, in
no case is the drop date to be earlier than the student's last date of attendance
at C.B.S.
It should be
noted, however, that when a waiting list for services exists at
Once the student
is officially dropped from enrollment at
Students
enrolled in the C.B.S. program who have not attended any days of the
current school year at C.B.S. due to their placement in another facility will
be considered enrolled for billing purposes until they have been officially
dropped from enrollment through an appropriately held exit staffing. Under these circumstances, the school
district superintendent needs to be appraised at the earliest time feasible
(prior to the beginning of the school year whenever possible) of his/her choice
to drop or not to drop the enrollment of the student in question. The exact drop date is to be agreed upon at
the exit staffing as explained in paragraph two (2) of this procedure.
Detention
Home Placement of Circuit Breaker Students
School districts that have students
placed at Circuit Breaker have two options when student(s) is/are remanded to
the County Juvenile Detention Home.
Option One:
The district may elect to drop the student
from the Circuit Breaker rolls. This
course of action would most likely occur if a student was placed in the
detention home for a significant amount of time. This would serve to eliminate
the tuition charge for the days the student is in the detention home. Upon the release of the student from the
detention home he/she may be reenrolled at Circuit Breaker if there are Circuit
Breaker placements available. Students returning to Circuit Breaker after being
released from the detention home will be given priority placement consideration
when a waiting list situation exists. Under these circumstances, the student
returning to Circuit Breaker from the detention home would automatically be
placed in the number one slot on the classroom waiting list. (should one exist at the time) This would serve to provide greater
continuity of services for the student and also assist the school district by
reducing the time that alternative placement options were needed.
Option Two:
The school
district may elect to continue to pay the Circuit Breaker tuition during the
student’s incarceration in the detention home.
This would mean that upon his/her release from the detention home the
student would return to Circuit Breaker immediately. It is assumed that this option would be most
frequently employed when the student’s stay in the detention home was one of
short duration.
All students
enrolled in Circuit Breaker School who qualify, shall be reported on the State
reimbursement child count for their district of residence.
LEGAL REF.: Executive
Committee Minutes 12/09/82
Executive
Committee Minutes 04/11/91
Executive
Committee Minutes 05/09/00
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Special education services shall be available to identified disabled children between the ages of three (3) through twenty-one (21) years inclusive (i.e. through the day before the student’s 22nd birthday (see CFR 300.101(a)) who are enrolled in the Member Districts. The special education student who becomes twenty-one (21) years of age during the school year shall be allowed to finish the school year.
The student who has successfully completed a secondary program shall be granted a diploma and all eligibility for public school education is terminated. The parent, and, if appropriate, the student shall participate in the decision to terminate public school responsibility prior to the day before the student’s 22nd birthday by accepting a high school diploma.
High school districts shall be financially responsible for the education of resident disabled students having received an eighth grade graduation certificate or when such students have reached the age of fourteen (14) years before school starts.
LEGAL REF.:
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232.
Illegal Immigrant and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1101.
20 U.S.C. § 1400 et seq.
42 U.S.C. § 12101 et seq.
105 ILCS 5/2-3.13a, 5/10-20.12, 5/10-22.5a, 5/14-1.02, 5/14-1.03a,5/14-6.01, 5/26-1, 5/26-2, 5/27-8.1, and 10/8.1.
325 ILCS 55/1 et seq.
and 50/1 et seq.
23 Ill. Admin. Code §
375 et seq.
CROSS REF.: 7:60 (Residence), 7:340 (Student Records)
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
To qualify for enrollment in the Circuit
Breaker School, a student must meet the following requirements:
1.
The
student is classified as behavior disordered or emotionally disturbed and in
need of public day school placement.
2.
The
student is of proper age for the C.B.S. program.
3.
The
student exhibits behavioral and/or emotional needs which are beyond the scope
of the public school special education program and within the scope of the
C.B.S. program. (See attached
procedure.)
4.
The
student exhibits behavioral and/or emotional disorders which require intensive
social work, counseling services and/or home intervention.
Final determination of
eligibility shall be determined by a multi-disciplinary staff conference.
C.B.S.
procedures which will ensure that placement at C.B.S. will be on a continuum of
appropriate services that proceeds residential placement.
No student should be placed at
Circuit Breaker School is a multidisciplinary team of the appropriate personnel
determines by consensus that the student could receive appropriate special
education behavior disordered services in a currently existing or not currently
existing self-contained behavior disordered classroom or other less restrictive
placement than Circuit Breaker School.
Furthermore, Circuit Breaker
School is not intended to provide long term services to students whose educational
needs are determined by multi-disciplinary team consensus to require more
restrictive or residential type services.
Additionally, students who have
been unsuccessfully placed in a residential or any other more restrictive placement
than Circuit Breaker School should not be returned to Circuit Breaker School
under any circumstances unless extraordinary evidence exists that would
justifiably support a multi-disciplinary team decision and recommendation that
Circuit Breaker School would be more able to meet the educational needs of the
student in question than was the previous residential placement or other more
restrictive placement.
Multi-disciplinary placement
decisions in relation to
1. Standard or
Regular Education Program with Modification including:
A. Consultation with Regular Education Teacher
B. Additional or Specialized Education by the Regular
Education Teacher
C. Provision of Special Education Equipment or
Materials.
D. Modification in the Regular Education
Instructional Program (i.e. multi-age placement, expectations, grading, etc.)
2. Alternate
Regular Education Program
3. Regular Education
Program with Special Education Resource Programming or Related Services
4. Special
Education Programming in a Primarily Self-Contained Classroom within a Regular
Public Setting
5. Public Day
School Placement (i.e. C.B.S.)
6. Cooperative Programming
providing Supplemental Services to a mainly Public School program through the
provisions of Work Experience Programs or other Shared Agency Involvement
7. Home/Hospital
Programming
8. State Operated or Private Facility
Programming
LEGAL REF.:
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Member Districts
Only students who are residents of Member Districts may
participate in the programs available through the Operating Districts.
Non-Member Districts
LEGAL REF.:
30 ILCS 220/11.
105 ILCS 5/10-20.12a, 5/10-20.12b, and 5/10-22.5.
105 ILCS 45/1-5.
23
Israel S. by
Owens v. Executive Committee of Educ. of Oak Park and River Forest High School
Dist. 200, 601 N.E.2d 1264 (Ill. App. 1992).
Joel
R. v. Executive Committee of Education of Manheim Special Education
Kraut v. Rachford, 366 N.E.2d 497 (Ill. App. 1st Dist. 1977).
CROSS REF.: 6:15 (School Accountability containing School Choice for Students Enrolled in a School Identified for Improvement, Corrective Action, or Restructuring)
ADOPTED: September 11, 2008
This form establishes a child’s residency in the
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Student’s name |
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District attendance building |
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Name of individual completing this form (Please print) |
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Relationship to child |
Please check all applicable boxes:
The child lives with me at my
residence address, as stated below, and is not living with me solely for the
purpose of attending the District’s school.
I have assumed and exercise
full legal responsibility for and control of the child regarding daily
educational and medical decisions, including responsibility for:
medical
decisions and costs food and clothing
discipline
and restitution for vandalism or other crimes school fees (books, bus, etc.)
At my residence the child regularly: (Please
explain any unchecked boxes)
Eats meals
Sleeps
Spends weekends and summers
Important Warning: The
A person who knowingly enrolls
or attempts to enroll in this
A person who knowingly or
willfully presents to the School District any false information regarding a
student‘s residency to enable that
student to attend any school in the District without the payment of a
nonresident tuition charge is guilty of a Class C misdemeanor (105 ILCS 5/10-20.12b(f).
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Date |
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Signature of individual completing this form |
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Telephone |
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Address |
Optional: To
be completed by the natural or adoptive parent(s), if one is available.
Please check all applicable boxes:
I am the natural or adoptive
parent of the child.
I have willingly transferred
full custody and control of, as well as responsibility for this child to:
The transfer of custody is not
solely for the purpose of attending the District’s schools.
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Date |
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Signature of individual completing this form |
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Telephone |
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Address |
LaSalle/Putnam
County Educational
Definitions
Truant ‑ A "truant" is a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.
Valid cause for absence ‑ A child may be absent from school because of illness, observance of a religious holiday, death in the immediate family, family emergency, situations beyond the student's control as determined by the Executive Committee or such other circumstances which cause reasonable concern to the parent for the safety or health of the student.
Chronic or habitual truant ‑ A "chronic or habitual truant" is a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 10 percent or more of the previous 180 regular attendance days.
Truant minor ‑ A child to whom supportive services, including prevention, diagnostic, intervention and remedial services, alternative programs, and other school and community resources have been provided and have failed to result in the cessation of chronic truancy or have been offered and refused.
Truancy
The Special Education Alliance will determine if the student is a truant, chronic or habitual truant, or a truant minor. The Director shall direct the appropriate Special Education Alliance staff to develop diagnostic procedures to be used for identifying the cause(s) of unexcused student absenteeism. The diagnostic procedures shall include, but not be limited to, interviews with the student, his or her parent(s)/guardian(s), and any school official(s) or other people who may have information.
The following supportive services may be offered to truant or chronically truant students:
· Parent‑teacher conferences
· Student and/or family counseling
· Information about community agency services
Any 16 or 17 year old resident may, upon providing
documentation of dropout status for the previous 6 months, participate in the
If truancy continues after supportive services have been offered, the Building Principal shall refer the matter to the Director. The Director may call upon the resources of outside agencies, such as the juvenile officer of the local police department or the truant office of the Regional Office of Education of LaSalle/Putnam Counties. The Executive Committee, Director, Special Education Alliance administrators, and teachers shall assist and furnish such information as they have to aid truant officers.
No punitive action, including out-of-school suspensions, expulsions, or court action shall be taken against a chronic truant for his or her truancy unless available supportive services and other school resources have been provided to the student.
A student’s parent(s)/guardian(s) must: (1) upon the child’s enrollment, provide telephone numbers to the Building Principal and update them as necessary, and (2) authorize all absences and notify the school in advance or at the time of the child’s absence.
If a student is absent without prior authorization by the parent(s)/guardian(s), the Building Principal or designee shall make a reasonable effort to notify the parent(s)/guardian(s) of the child’s absence within 2 hours after the first class by telephoning the numbers given.
This policy applies to
individuals who have custody or control of a child: (a) between the ages of 7 and 17 years of age
(unless the child has graduated from high school), or (b) who is enrolled in
any of grades, kindergarten through 12, in the public school regardless of
age. These individuals must cause the
child to attend an
The parent/guardian of a student who is enrolled must authorize all absences from school and notify the school in advance or at the time of the student’s absence. A valid cause for absence includes illness, observance of a religious holiday, death in the immediate family, family emergency, other situations beyond the control of the student, other circumstances that cause reasonable concern to the parent/guardian for the student’s safety or health, or other reason as approved by the Director or designee.
Absenteeism and Truancy
Program
The Director or designee shall manage an absenteeism and truancy program in accordance with The School Code and School Board policy. The program shall include but not be limited to:
1. A protocol for excusing a student from attendance who is necessarily and lawfully employed. The Director or designee is authorized to determine when the student’s absence is justified.
2. A process to telephone, within 2 hours after the first class, the parents/guardians of students in grade 8 or below who are absent without prior parent/guardian notification.
3. A process to identify and track students who are truants, chronic or habitual truants, or truant minors as defined in The School Code, Section 26-2a.
4. Methods for identifying the cause(s) of a student’s unexcused absenteeism, including interviews with the student, his or her parent(s)/guardian(s), and staff members or other people who may have information.
5. The identification of supportive services that may be offered to truant or chronically truant students, including parent-teacher conferences, student and/or family counseling, or information about community agency services. See Board policy 6:110, Programs for Students At Risk of Academic Failure and/or Dropping Out of School and Graduation Incentives Program.
6. A process to request the assistance and resources of outside agencies, such as, the juvenile officer of the local police department or the truant office of the appropriate Regional Office of Education, if truancy continues after supportive services have been offered.
7. A protocol for cooperating with other agencies including County or municipal authorities, the Regional Superintendent, truant officers, the Community Truancy Review Board, and a comprehensive community based youth service agency. Any disclosure of school student records must be consistent with Board policy 7:340, Student Records, as well as State and federal law concerning school student records.
8. An acknowledgement that no punitive action, including out-of-school suspensions, expulsions, or court action, shall be taken against a chronic truant for his or her truancy unless available supportive services and other school resources have been provided to the student.
9. The criteria to determine whether a student’s non-attendance is due to extraordinary circumstances shall include economic or medical necessity or family hardship and such other criteria that the Superintendent believes qualifies.
[For high school and unit districts only]
10. A
process for a 17 year old resident to participate in the
11. A process for the temporary exclusion of a student 17 years of age or older for failing to meet minimum academic or attendance standards according to provisions in State law. A parent/guardian has the right to appeal a decision to exclude a student.
LEGAL REF.: 105 ILCS 5/26-1 through 16.
105 ILCS 5/26-1, 5/26-2a, 5/26-3b, 5/26-9, 5/26-12, 5/26-13, and 5/26-15.
Hamer v. Executive Committee of Education, 383 N.E.2d 231 (2nd Dist. 1978).
705 ILCS 405/3-33.5.
23 Ill.Admin.Code §§1.242 and 1.290.
CROSS REF.: 6:150 (Home and Hospital Instruction), 7:10 (Equal Educational Opportunities), 7:50 (Student Admissions), 7:60 (Residence), 7:80 (Release Time for Religious Instruction/Observance), 7:190 (Student Discipline), 7:340 (Student Records)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Attendance Reports
Monthly reports
of student enrollment shall be prepared by the staff at
Quarterly (9
weeks) reports of behavioral changes and academic grades shall be prepared by
Circuit Breaker School staff and sent to the principal of the appropriate
sending district.
Attendance - Runaways
Students who
have been brought to school and run away during the course of the day shall be
reported to:
·
their home district superintendent
·
the local police
·
the county truant officer; and
·
the
parent or guardian
The staff of the
Circuit Breaker School shall record the incident and the details of the
incident for the student's cumulative record.
The staff of Circuit Breaker School will respond to a run away incident by implementing appropriate consequences
for the student(s) involved in this action.
This system involves four levels of
service:
1. the local school;
2. the Regional Truant Officer;
3. the community social service resources; and
4. the courts.
It also uses a combined counseling -
direct consequences model in working with the truant and his/her family. Help is offered to the truant along with the
threat of significant negative consequences.
If a child and his family do not accept the counseling, and the truant
remains out of school, strong negative steps are initiated. From beginning to end, the system is run in
this manner.
I. School
Level
The staffs of
the individual schools should exhaust all of their resources before referring a
student to the program. This means that
each building should have
(1.) held a conference on
the child to diagnose the problem and build a program to solve it, (2.) contacted the
parents by phone or letter, (3.) held a
building conference with the parents, (4.) assigned a counselor or social
worker to the case and (5.) tried a variety of curriculum and class schedule
changes to better meet the student's educational needs. If the administrator feels that the local
efforts have not achieved their desired goals, then he should petition the
Truancy Prevention Program for its services.
II. Truancy
Prevention Office
When the program
receives the school's petition, two actions are initiated.
(1) The truant officer contacts the student
in school or at home within 24 hours.
The truant officer counsels with the child to find out what is causing
the truancy. The truant officer will
attempt to resolve the problem by suggesting necessary changes as indicated by
his initial appraisal of the situation.
The truant officer monitors the child's attendance over the next few
weeks.
(2) In coordination with this, a strong
worded legal notice is sent to the truant's parents advising them of their
responsibilities. This letter states
that the parents are legally bound to insure their child's attendance at school
on a regular basis or legal action will be initiated against them.
III. Community
Resources
If the Truant
Officer discovers complex family problems, the services of the Youth Service Bureau
are initiated. They would be responsible
for working with the parents and family of the truant child. They can direct community resources to the
parent so the child's attendance problem will cease.
If the child still
remains out of school, a certified letter is mailed to the home directing the
parents to attend a full hearing at the Regional Superintendent's Office. This conference is attended by the truant,
his parents, a school official, Y.S.B. worker, if involved, and truant
officer. The full extent of
the law is
explained to the parents. The reasons
for the continued truancy are explored.
A contract is drawn which requires each party to take some physical
action to help solve the child's truancy.
In most instances, the parents are required to phone the school daily to
verify that the child is in attendance or to transport them directly to
school. Some are told to have the child
given a full physical exam. At the end
of the conference, all parties are given signed copies of the contract.
If the child is
not attending school following all these steps, a court referral is made. The case is presented before the adult court
since it is a Class C misdemeanor for failure to comply with the Compulsory
Attendance Law.
Goals of the
Project
Both methods proved to
have a statistically positive influence on the truant according to an article
in the Journal of Counseling Psychology by Christopher Grala. The group that achieved the highest,
long-term results were the truants who received the
counseling, with the threat of negative action.
This project would offer the parents and child two avenues to
travel--they could use the help of the counselors, or move into the legal
system.
B. Involving the parents
Many parents in our
society have virtually surrendered control of their children. This project gives parents a choice to (1)
gain control of their children or (2) work with the social service agencies
that are available. With outside
support, parents can gain control of their children if they make a concerted
effort. Many parents will do the least
amount of work that others will allow them.
If a child is out of school, it is their responsibility to bring about a
change that will get the student to school.
To bring about this change, we can request the parents to (1) bring the
child to school themselves, (2) bring medical excuses for each absence, (3)
take time off from work to attend staffings or
conferences or (4) physically take the child through the school day. By listening to parents excuses, the
student's truancy may be prolonged. By
being demanding with parents, the student's return to regular school attendance
will be enhanced.
The more levels of
service you build into the truancy prevention system, the greater chance you
have to move a truant student back to school.
The school district should develop a multiple level system of attendance
responsibilities. For example, a district's
hierarchy of attendance responsibilities could begin with the classroom
teacher, move to the dean of students, to a social worker or counselor and then
on to the Regional Truant Officer.
Finally, the courts represent the last and final level of service.
LaSalle/Putnam
County Educational
A student shall be released from school, as an excused absence,
to observe a religious holiday or for religious instruction. The student’s parent/guardian must give
written notice to the Building Principal at least 5 calendar days before the
student’s anticipated absence(s). This notice shall satisfy the
The Director or designee shall develop and distribute to teachers appropriate procedures regarding student absences for religious reasons and include a list of religious holidays on which a student shall be excused from school attendance, how teachers are notified of a student’s impending absence, and the State law requirement that teachers provide the student with an equivalent opportunity to make up any examination, study, or work requirement.
LEGAL REF.: Religious Freedom Restoration Act, 775 ILCS 35/5.
105 ILCS 5/26-1 and 5/26-2b.
CROSS REF.: 7:70 (Attendance and Truancy)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A list of holidays whereby students shall be excused is available; however it is a minimum list. The L.E.A.S.E. Executive Committee at their discretion may add other days to the list for the schools of their district.
Staff notification of an impending absence shall be via a pre-arranged absence form from L.E.A.S.E. Any child enrolled in a public school who is unable, because of the observance of a religious holiday, to attend classes on a particular day or days or at a particular time of day shall be excused from any examination or any student or work assignments on such particular day or days or at such particular time of day. It shall be the responsibility of the teachers and of the administrative officials of each public school to make available to each child who is absent from school because of the observance of a religious holiday an equivalent opportunity to make up any examination, study or work requirements which he has missed because of such absence on any particular day or days or at any particular time of day. No special fees of any kind shall be charged to the child for making available to such child such equivalent opportunity. No adverse or prejudicial effects shall result to any child because of his availing himself of the provisions of this Section.
LEGAL REF.: Religious Freedom Restoration Act, 775 ILCS 35/5.
105 ILCS 5/26-1 and 5/26-2b.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
For safety and security reasons, a prior written or oral consent of a student’s custodial parent/guardian is required before a student is released from school: (1) at any time other than the regular dismissal times or other times when a school is officially closed, and/or (2) to any person other than the custodial parent/guardian.
Early Dismissal Announcement
The Director or designee shall make reasonable efforts to issue an announcement whenever it is necessary to dismiss school early due to inclement weather or other reason.
LEGAL REF.:
CROSS REF.: 4:170 (Safety)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Required Health Examinations and Immunizations
A student’s
parent(s)/guardian(s) shall present proof that the student received a health
examination and the immunizations against, and screenings for, preventable
communicable diseases, as required by the Illinois Department of Public Health,
within one year prior to:
1. Entering kindergarten or the
first grade;
2. Entering the sixth and ninth
grades; and
3.
Enrolling
in an
As required by State
law:
1. The required health examinations must be
performed by a physician licensed to practice medicine in all of its branches,
an advanced practice nurse who has a written collaborative agreement with a
collaborating physician authorizing the advanced practice nurse to perform
health examinations, or a physician assistant who has been delegated the performance
of health examinations by a supervising physician.
2. A diabetes screening must be included as a
required part of each health examination; diabetes testing is not required.
3. Before admission and in conjunction with
required physical examinations, parents/guardians of children between the ages
of 6 months and 6 years must provide a statement from a physician that their
child was “risk-assessed” or screened for lead poisoning.
4. The Department of Public Health will provide
all female students entering sixth grade and their parents/guardians
information about the link between human papilloma
virus (HPV) and cervical cancer and the availability of the HPV vaccine.
Unless the student is
homeless, failure to comply with the above requirements by October 15 of the
current school year will result in the student’s exclusion from school until
the required health forms are presented to the
Eye Examination
Parents/guardians are
encouraged to have their children undergo an eye examination whenever health
examinations are required.
Parents/guardians of
students entering kindergarten or an
If a student fails to
present proof by October 15, the school may hold the student’s report card
until the student presents proof: (1) of
a completed eye examination, or (2) that an eye examination will take place within
60 days after October 15. The Director
or designee shall ensure that parents/guardians are notified of this eye
examination requirement in compliance with the rules of the Department of
Public Health. Schools shall not exclude
a student from attending school due to failure to obtain an eye examination.
Dental Examination
All children in
kindergarten and the second and sixth grades must present proof of having been
examined by a licensed dentist before May 15 of the current school year in
accordance with rules adopted by the Illinois Department of Public Health.
If a child in the
second or sixth grade fails to present proof by May 15, the school may hold the
child’s report card until the child presents proof: (1) of a completed dental examination, or (2)
that a dental examination will take place within 60 days after May 15. The Director or designee shall ensure that
parents/guardians are notified of this dental examination requirement at least
60 days before May 15 of each school year.
Exemptions
In accordance with
rules adopted by the Illinois Department of Public Health, a student will be exempted from this
policy’s requirements for:
1. Religious or medical grounds if the student’s
parents/guardians present to the Director a signed statement explaining the
objection;
2. Health examination or immunization
requirements on medical grounds if a physician provides written verification;
3. Eye examination requirement if the student’s
parents/guardians show an undue burden or lack or access to a physician
licensed to practice medicine in all of its branches who provides eye
examinations or a licensed optometrist; or
4.
Dental
examination requirement if the student’s parents/guardians show an undue burden
or a lack of access to a dentist.
Homeless Child
Any homeless child shall
be immediately admitted, even if the child or child’s parent/guardian is unable
to produce immunization and health records normally required for enrollment.
School Board policy 6:140, Education of
Homeless Children, governs the enrollment of homeless children.
LEGAL REF.:
105 ILCS 5/27-8.1.
410 ILCS 45/7.1 and 315/2e.
77 Ill.Admin.Code Part 665.
CROSS
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
It is the responsibility
of the resident district of the student to assure that all student physical
examinations and required inoculations and/or vaccines are done as required by
the School Code of Illinois.
LaSalle/Putnam
County Educational
Parents desiring
their son or daughter to be insured while attending C.B.S. should seek the
student insurance program made available by their school district of residence.
This policy will
be communicated to C.B.S. students' parents or legal guardians prior to the
beginning of each school year and upon initial enrollment at C.B.S.
LEGAL REF.:
CROSS REF.
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
All students are entitled to enjoy the rights protected by the
LEGAL REF.: 20 U.S.C. § 7904.
105 ILCS 20/5.
Tinker v.
CROSS REF.: 7:140 (Search and Seizure), 7:150 (Agency and Police Interviews), 7:160 (Student Appearance), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
Each student is urged to regard staff
members as people with specific knowledge and capabilities which can be well
utilized to advance the student's own knowledge and social development.
Students shall be expected to regard
staff members as individuals, employed to provide direct or indirect
contributions to learning. Students
shall be required to respect the right of staff members (and other students as
well) and interference with those rights shall not be condoned.
If at any time the student's
behavior exceeds the ascribed standards for the environment of the Circuit
Breaker School, the teacher has a right and a responsibility to exercise
measures which control the behavior of the student. These control measures may include prescribed
physical restraint methods. Such methods
may be used when a student poses a physical threat or danger to self, others or
property.
No
student shall have the right to interfere with the efforts of the instructional
staff to implement a learning intervention program. Nor shall a student have the right to
interfere with the motivation to learn or the learning activities and efforts
of other students.
LaSalle/Putnam
County Educational
School Property and Equipment as well as Personal Effects Left There by Students
School authorities may inspect and search school property and equipment owned or controlled by the school (such as lockers, desks, and parking lots), as well as personal effects left there by a student, without notice to or the consent of the student. Students have no reasonable expectation of privacy in these places or areas or in their personal effects left there.
The Director or designee including the Principal may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
Students
Alliance authorities may search a student and/or the student’s personal effects in the student’s possession (such as purses, wallets, knapsacks, book bags, lunch boxes, etc.) when there is a reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating either the law or the Alliance’s student conduct rules. The search itself must be conducted in a manner that is reasonably related to its objectives and not excessively intrusive in light of the student’s age and sex, and the nature of the infraction.
When feasible, the search should be conducted as follows:
1. Outside the view of others, including students;
2. In the presence of a school administrator or adult witness; and
3. By a certificated employee or liaison police officer of the same sex as the student.
Immediately following a search, a written report shall be made by the school authority who conducted the search, and given to the Director.
Seizure of Property
If a search produces evidence that the student has violated or
is violating either the law or the
LEGAL REF.: 105 ILCS 5/10-20.14, 5/10-22.6, and 5/10-22.10a.
Cornfield v. Consolidated High School Dist. No. 230, 991 F.2d 1316 (7th Cir. 1993).
People v.
Dilworth, 661 N.E.2d 310 (
People v. Pruitt,
662 N.E. 2d 540 (1st
T.L.O.
v.
CROSS REF.: 7:130 (Student Rights and Responsibilities), 7:150 (Agency and Police Interviews), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
Signs
will be posted to inform individuals that they will be required to submit to a screening
for metal as a condition of entering Circuit Breaker School. The
screening will be conducted by District staff who may be assisted by law
enforcement officials.
An
individual will be asked to remove metal objects from his or her person prior
to use of a metal detecting device. If,
after the removal of metal objects, the metal detector activates, the
individual may be subjected to a "pat-down" search.
School
personnel may inspect the contents of any briefcase, knapsack, purse, or parcel
that activates the metal detector for the limited purpose of determining
whether a weapon is concealed therein.
Pat-Down
Search
When
possible, the "pat-down" search will be conducted by school personnel
of the same sex as that of the individual.
A
"pat-down" search conducted by school personnel shall be a limited to
clothing for the purpose of discovering items that may have activated the metal
detecting device.
If
the school personnel conducting a "pat-down" search feels an object
that may have activated the metal detecting device or be otherwise prohibited
contraband, the individual will be asked to remove it.
LaSalle/Putnam
County Educational
All requests by agency or police officials to interview a student shall be handled according to procedures developed by the Director.
LEGAL REF.: 325 ILCS 5/1 et seq.
705 ILCS 80/1 et seq.
CROSS REF.: 7:130 (Student Rights and Responsibilities), 7:140 (Search and Seizure), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
1. The Building Principal will check the police
officer's credentials and any legal papers, such, as warrants for arrest,
search warrants, or subpoenas to be served.
2. Interviews of minor students without
permission of the parent(s)/guardian(s) are not permitted unless a legal
process is presented or in emergency situations. The Building Principal will
attempt to contact the student's parent(s)/guardian(s), and inform them that
the student is subject to an interview. In extreme emergency situations, DCFS
employees, law enforcement personnel, or treating physicians may, in effecting
temporary protective custody, request that the District not notify parents
until the child's safety is ensured. The Building Principal should ask that
such a request be made in writing. If possible, the parent(s)/guardian(s) will
be given the opportunity to be present and be represented by legal counsel at
their own expense.
3. Interviews will be conducted in a private
setting. If the parent(s)/guardian(s) are absent, the Building Principal and
one other adult witness, selected by the Building Principal, will be present
during the interview.
4. Interview proceedings will be documented in
writing for inclusion in the student's temporary records.
5. No minor student shall be removed from the
school by the police officer without the consent of a parent(s)/guardian(s),
except upon service of a valid warrant of arrest or in cases of warrantless
temporary protective custody.
Interviews
By the Illinois Department of Children and Family
Services (DCFS)
1. The Building Principal will check the agent's
credentials and any papers pertaining to a legal process.
2. The Building Principal will attempt to
contact the student's parent(s)/guardian(s) and inform them that the student is
subject to an interview, if appropriate.
3. If the DCFS agent does not want a
parent(s)/guardian(s) notified or present during the interview, this
stipulation should be in writing and signed by
the DCFS agent.
4. Interviews will be conducted in a private
setting. If the parent(s)/guardian(s) are absent, the Building Principal and
one other adult witness, a member of the District staff, will be present during
the interview.
5. The student may be removed from school by the
DCFS agent if circumstances warrant. A local law enforcement agency officer,
designated DCFS employee, or a physician treating a child may take or retain
temporary protective custody of the child without the consent of the person
responsible for the child's welfare, if: (1) he or she has reason to believe
that the child's circumstances or conditions are such that continuing in his or
her place of residence or in the care and custody of the person responsible for
the child's welfare, presents an imminent danger to that child's life or
health; (2) the person responsible for the child's welfare is unavailable or
has been asked and does not consent to the child's removal from his or her
custody; or (3) there is not time to apply for a court order under the Juvenile
Court Act for temporary custody of the child. The person taking or retaining a
child in temporary protective custody shall immediately make every reasonable
effort to notify the person responsible for the child's welfare and shall
immediately notify the Department.
6. No District employee may act as a DCFS
agent.
LEGAL REF.: 55 ILCS 80/1 et seq., Children's
Advocacy Center Act
325 ILCS 5/1 et seq., Abused and
Neglected Child Reporting Act.
720 ILCS 5/31-1 et seq., Interference with Public Officers Act.
725 ILCS 120/1 et seq., Rights of
Crime Victims and Witnesses Act.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Student dress and grooming must not disrupt the educational process, interfere with the maintenance of a positive teaching/learning climate, or compromise reasonable standards of health, safety, and decency.
LEGAL REF.: 105 ILCS 5/10-22.25b.
Oleson by Oleson v. Board of Education, 676 F.Supp. 6 (N.D. Ill. 1987), aff’d, 851 F.2d 450 (7th Cir. 1988).
CROSS REF.: 7:130 (Student Rights and Responsibilities), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The Executive Committee will seek restitution from students and their parents/guardians for vandalism or other student acts that cause damage to school property.
LEGAL REF.: 740 ILCS 115/1 et seq.
CROSS REF.: 7:130 (Student Rights and Responsibilities), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Bullying, intimidation, and harassment diminish a student’s ability to learn and a school’s ability to educate. Preventing students from engaging in these disruptive behaviors is an important Alliance goal. The Director or designee shall develop and maintain a program that:
1. Fully implements and enforces each of the following Board policies:
a) 6:235 Access to Electronic Networks. This policy states that the use of the Alliance’s electronic networks is limited to (1) in support of education and/or research, and be in furtherance of the Executive Committee's stated goal, or (2) for a legitimate school business purpose. Use is a privilege, not a right. Students and staff members have no expectation of privacy in any material that is stored, transmitted, or received via the Alliance's electronic network or Alliance computers. General rules for behavior and communications apply when using electronic networks. It subjects any individual to the loss of privileges, disciplinary action, and/or appropriate legal actions for violating the Alliance’s Authorization of Electronic Network Access.
b) 7:20, Harassment of Students Prohibited. This policy prohibits any person from harassing or intimidating a student based upon a student’s sex, color, race, religion, creed, ancestry, age, nationality, physical or mental disability, sexual orientation, gender identity, or other protected group status.
c) 7:190, Student Discipline. This policy prohibits students from engaging in hazing, bullying, or any kind of aggressive behavior that does physical or psychological harm to another or any urging of other students to engage in such conduct; prohibited conduct includes any use of violence, force, noise, coercion, threats, intimidation, fear, harassment, bullying, hazing, or other comparable conduct.
d) 7:310, Restrictions on Publications and Written or Electronic Material. This policy prohibits students from: (i) accessing and/or distributing at school any written, printed or electronic material, including material from the Internet, that will cause substantial disruption of the proper and orderly operation and discipline of the school or school activities, and (ii) creating and/or distributing written, printed or electronic material, including photographs, and Internet material and blogs, that causes substantial disruption to school operations or interferes with the rights of other students or staff members.
Full implementation of the above policies includes: (a) conducting a prompt and thorough investigation of alleged incidents of bullying, intimidation, or harassing behavior, (b) providing each student who violates one or more of these policies with appropriate consequences and remedial action, and (c) protecting students against retaliation for reporting such conduct.
2. Examines the appropriate steps to understand and rectify conditions that foster bullying, intimidation, and harassment; this contemplates taking action to eliminate or prevent these disruptive behaviors beyond traditional punitive disciplinary actions.
3.
Includes bullying prevention and character instruction
in all grades in accordance with State law and Board policy 6:60, Curriculum Content. This includes
incorporating student social and emotional development into the
4. Fully informs staff members of the Alliance’s goal to prevent students from engaging in bullying and the measures being used to accomplish it. This includes: (a) communicating the Alliance’s expectation – and the State law requirement – that teachers and other certificated employees maintain discipline, and (b) establishing a process for staff members to fulfill their obligation to report alleged acts of bullying, intimidation, harassment, and other acts of actual or threatened violence.
5. Encourages all members of the school community, including students, parents, volunteers, and visitors, to report alleged acts of bullying, intimidation, harassment, and other acts of actual or threatened violence.
Actively involves students’ parents/guardians in the remediation of the behavior(s) of concern. This includes ensuring that all parents/guardians are notified, as required by State law, whenever their child engages in aggressive behavior.
6.
Communicates the
7. Annually communicates this policy to students and their parents/guardians. This includes annually disseminating information to all students and parents/guardians explaining the serious disruption caused by bullying, intimidation, or harassment and that these behaviors will be taken seriously and are not acceptable in any form.
8. Engages in ongoing monitoring that includes collecting and analyzing appropriate data on the nature and extent of bullying in the Alliance’s schools and, after identifying appropriate indicators, assesses the effectiveness of the various strategies, programs, and procedures and reports the results of this assessment to the Board along with recommendations to enhance effectiveness.
9. Complies with State and federal law and is in alignment with Board policies. This includes prompting the Executive Committee to update the policy beginning every 2 years after its initial adoption and filing this policy with the Illinois State Board of Education after the Executive Committee adopts or updates it.
LEGAL REF.: 405 ILS 49/1 et seq.
105 ILCS 5/10-20.14, 5/24-24, and 5/27-23.7.
23 Ill.Admin.Code §1.240 and §1.280.
CROSS REF.: 2:240 (Board Policy Development), 5:230 (Maintaining Student Discipline), 6:60 (Curriculum Content), 6:65 (Student Social and Emotional Development), 7:20 (Harassment of Students Prohibited), 7:190 (Student Discipline), 7:230 (Misconduct by Students with Disabilities), 7:240 (Student Transportation), 7:310 (Restrictions on Publications and Written or Electronic Material), 7:285 (Food Allergy Management Program)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
L.E.A.S.E. shall develop procedures for informing its’ constituents (districts, employees and students) about the illegal use of illicit drugs and/or alcohol as well as penalties for violation of this policy
LEGAL REF.: L.E.A.S.E. Executive Committee Meeting Minutes 10/11/90
CROSS REF.:
FORMS REF.: F:\LEASE Important Docs\Forms\Facility\Drugfree Cert. for Contractors.doc
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The L.E.A.S.E. Cooperative and all its branches recognize that both the use of illicit drugs and the possession of alcohol are harmful and in violation of the law.
L.E.A.S.E. therefore, prohibits the unlawful manufacture, distribution, dispensation, possession or use of controlled substance and/or alcohol on L.E.A.S.E. premises or as part of any of its activities.
Available to all students in all classrooms operated by L.E.A.S.E. at Circuit Breaker School, are age-appropriate, developmentally-based drug and alcohol education and prevention programs which address the legal, social and health consequences of drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use illicit drugs and alcohol. Also available to students as well as employees are drug and alcohol counseling, rehabilitation, re-entry and assistance programs. Information regarding these programs will be given to students through school programming and to employees as an inservice exercise.
Sanctions consistent with local, State and federal law up to and including expulsion or termination of employment and referral for prosecution will be imposed on students and/or employees who violate this policy. Sanctions may also include completion of an appropriate rehabilitation program.
All parents, student and employees will be given a copy of these procedures annually.
Compliance with these procedures by parents, students and employees is mandatory and for employees, a condition of employment. For students, continued enrollment at Circuit Breaker School may be jeopardized if persistent abuse of these procedures is shown which gives evidence that continued placement at CBS is beyond the scope of the school program.
These procedures will be reviewed at least biennially to determine their effectiveness and changes will be implemented if needed.
LEG. REF: Sec.
10-22.10a, Sec. 34-18.9
Scariano, Kula,
Ellch & Himes Memorandum 09/13/90
L.E.A.S.E. Executive Committee Meeting Minutes 12/19/89
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The discipline of special education students (other than those
at
Prohibited Student Conduct
The administration is authorized to discipline students for gross disobedience or misconduct, including, but not limited to:
1. Using, possessing, distributing, purchasing, or selling tobacco materials.
2. Using, possessing, distributing, purchasing, or selling alcoholic beverages. Students who are under the influence of an alcoholic beverage are not permitted to attend school or school functions and are treated as though they had alcohol in their possession.
3. Using, possessing, distributing, purchasing, or selling:
a. Any illegal drug, controlled substance, or cannabis (including marihuana and hashish).
b. Any anabolic steroid unless being administered in accordance with a physician's or licensed practitioner’s prescription.
c. Any performance-enhancing substance n the Illinois High School Association’s most current banned substance list unless administered in accordance with a physician’s or licensed practitioner’s prescription
d. Any prescription drug when not prescribed for the student by a physician or licensed practitioner, or when used in a manner inconsistent with the prescription or prescribing physician’s or licensed practitioner’s instructions.
e. Any inhalant, regardless of whether it contains an illegal drug or controlled substance: (a) that a student believes is, or represents to be capable of, causing intoxication, hallucination, excitement, or dulling of the brain or nervous system; or (b) about which the student engaged in behavior that would lead a reasonable person to believe that the student intended the inhalant to cause intoxication, hallucination, excitement, or dulling of the brain or nervous system. The prohibition in this section does not apply to a student’s use of asthma or other legally prescribed inhalant medications.
f. “Look-alike” or counterfeit drugs, including a substance not containing an illegal drug or controlled substance, but one: (a) that a student believes to be, or represents to be, an illegal drug or controlled substance; or (b) about which a student engaged in behavior that would lead a reasonable person to believe that the student expressly or impliedly represented to be an illegal drug or controlled substance.
g. Drug paraphernalia, including devices that are or can be used to: (a) ingest, inhale, or inject cannabis or controlled substances into the body; and (b) grow, process, store, or conceal cannabis or controlled substances.
Students who are under the influence of any
prohibited substance are not permitted to attend school or school functions and
are treated as though they had the prohibited substance, as applicable, in
their possession.
4. Using, possessing, controlling, or transferring a weapon in violation of the “weapons” section of this policy.
6. Using or possessing a laser pointer unless under a staff member’s supervision and in the context of instruction.
7.
Disobeying rules of student conduct or directives from
staff members or school officials. Examples of disobeying staff directives
include refusing a
8. Engaging in academic dishonesty, including cheating, intentionally plagiarizing, wrongfully giving or receiving help during an academic examination, and wrongfully obtaining test copies or scores.
9. Engaging in hazing or any kind of bullying or aggressive behavior that does physical or psychological harm to another or any urging of other students to engage in such conduct. Prohibited conduct specifically includes, without limitation, any use of violence, force, noise, coercion, threats, stalking, intimidation, fear, harassment, sexual harassment, public humiliation, theft or destruction of property, retaliation, hazing, bullying, bullying using a school computer or a school computer network, or other comparable conduct.
10. Causing or attempting to cause damage to, or stealing or attempting to steal, school property or another person's personal property.
11. Being absent without a recognized excuse; State law and Executive Committee policy regarding truancy control will be used with chronic and habitual truants.
12. Being involved with any public school fraternity, sorority, or secret society, by: (a) being a member; (b) promising to join; (c) pledging to become a member; or (d) soliciting any other person to join, promise to join, or be pledged to become a member.
13. Being involved in gangs or gang-related activities, including displaying gang symbols or paraphernalia.
14. Violating any criminal law, including but not limited to assault, battery, arson, theft, gambling, eavesdropping and hazing.
15. Engaging in any activity, on or off campus, that interferes with, disrupts, or adversely affects the school environment, school operations, or an educational function, including but not limited to, conduct that may reasonably be considered to: (a) be a threat or an attempted intimidation of a staff member; or (b) endanger the health or safety of students, staff, or school property.
For purposes of this
policy, the term "possession" includes having control, custody, or
care, currently or in the past, of an object or substance, including situations
where the item is: (a) on the student's person; (b) contained in another item
belonging to, or under the control of, the student, such as in the student's
clothing, backpack, or automobile; (c) in a school's student locker, desk, or
other school property; or (d) at any location on school property or at a
school-sponsored event.
Efforts, including the use of early intervention and progressive discipline, shall be made to deter students, while at school or a school-related event, from engaging in aggressive behavior that may reasonably produce physical or physiological harm to someone else. The Superintendent or designee shall ensure that the parent/guardian of a student who engages in aggressive behavior is notified of the incident. The failure to provide such notification does not limit the Board’s authority to impose discipline, including suspension or expulsion, for such behavior.
No disciplinary action shall be taken against any student that is based totally or in part on the refusal of the student’s parent/guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student.
The grounds for disciplinary action, including those described more thoroughly later in this policy, apply whenever the student's conduct is reasonably related to school or school activities, including, but not limited to:
1. On, or within sight of, school grounds before, during, or after school hours or at any time;
2. Off school grounds at a school-sponsored activity, or event, or any activity or event which bears a reasonable relationship to school;
3. Traveling to or from school or a school activity, function, or event; or
4. Anywhere, if the conduct interferes with, disrupts, or adversely affects the school environment, school operations, or an educational function, including but not limited to, conduct that may reasonably be considered to: (a) be a threat or an attempted intimidation of a staff member; or (b) endanger the health or safety of students, staff, or school property.
Disciplinary
Measures
Disciplinary measures may include:
1. Disciplinary conference.
2. Withholding of privileges.
3. Seizure of contraband.
4. Suspension from school and all school activities for up to 10 days, provided that appropriate procedures are followed. A suspended student is prohibited from being on school grounds.
5. Suspension of bus riding privileges, provided that appropriate procedures are followed.
6. Expulsion from school and all school-sponsored activities and events for a definite time period not to exceed 2 calendar years, provided that the appropriate procedures are followed. An expelled student is prohibited from being on school grounds.
7. Notification of juvenile authorities or other law enforcement whenever the conduct involves illegal drugs (controlled substances), “look-alikes,” alcohol, or weapons.
8. Notifying parents/guardians.
9. Temporary removal from classroom.
10. In-school suspension for a period not to exceed 5 school days. The Building Principal or designee shall ensure that the student is properly supervised.
11. After-school study or Saturday study provided the student's parent(s)/guardian(s) have been notified. If transportation arrangements cannot be agreed upon, an alternative disciplinary measure must be used. The student must be supervised by the detaining teacher or the Building Principal or designee.
12. Community
service with local public and nonprofit agencies that enhance community efforts
to meet human, educational, environmental, or public safety needs. The
A student who is subject to suspension or expulsion may be eligible for transfer to an alternative school program.
Corporal punishment is prohibited. Corporal punishment is defined as slapping, paddling, or prolonged maintenance of students in physically painful positions, or intentional infliction of bodily harm. Corporal punishment does not include reasonable force as needed to maintain safety for students, staff, or other persons, or for the purpose of self-defense or defense of property.
Weapons
A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for at least one calendar year, but no more than 2 calendar years. The Director may modify the expulsion period and the Executive Committee may modify the Director’s determination, on a case-by-case basis. A “weapon” means possession, use, control, or transfer of: (1) any gun, rifle, shotgun, a weapon as defined by Section 921 of Title 18, United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Act, or use of a weapon as defined in Section 24-1 of the Criminal Code; (2) any other object if used or attempted to be used to cause bodily harm, including but not limited to, knives, brass knuckles, billy clubs; or (3) “look-alikes” of any weapon as defined above. Any item, such as a baseball bat, pipe, bottle, lock, stick, pencil, and pen, is considered to be a weapon if used or attempted to be used to cause bodily harm. The Director or designee may grant an exception to this policy, upon the prior request of an adult supervisor, for students in theatre, cooking, ROTC, martial arts, and similar programs, whether or not school-sponsored, provided the item is not equipped, nor intended, to do bodily harm.
Required Notices
A school staff member shall immediately notify the office of the Building Principal in the event that he or she: (1) observes any person in possession of a firearm on or around school grounds; however, such action may be delayed if immediate notice would endanger students under his or her supervision, (2) observes or has reason to suspect that any person on school grounds is or was involved in a drug-related incident, or (3) observes a battery committed against any staff member. Upon receiving such a report, the Building Principal or designee shall immediately notify the local law enforcement agency, State Police, and any involved student’s parent(s)/guardian(s). “School grounds” includes modes of transportation to school activities and any public way within 1000 feet of the school, as well as school property itself.
Delegation of Authority
Each teacher, and any other school personnel when students are under his or her charge, is authorized to impose any disciplinary measure, other than suspension, expulsion, corporal punishment or in-school suspension, that is appropriate and in accordance with the policies and rules on student discipline. Teachers, other certificated educational employees, and other persons providing a related service for or with respect to a student, may use reasonable force as needed to maintain safety for other students, school personnel, or other persons, or for the purpose of self-defense or defense of property. Teachers may temporarily remove students from a classroom for disruptive behavior.
The Director or Building Principal is authorized to impose the same disciplinary measures as teachers and may suspend students guilty of gross disobedience or misconduct from school (including all school functions) and from riding the school bus, up to 10 consecutive school days, provided the appropriate procedures are followed. The Executive Committee may suspend a student from riding the bus in excess of 10 days for safety reasons.
Student Handbook
A student handbook, including the District disciplinary policies and rules, shall be distributed to the students’ parents/guardians within 15 days of the beginning of the school year or a student’s enrollment.
LEGAL REF.: Gun-Free Schools Act, 20 U.S.C. §7151 et seq.
Pro-Children Act of 1994, 20 U.S.C. §6081.
105 ILCS 5/10-20.5b, 5/10-20.14, 5/10-20.28, 5/10-20.36, 5/10-21.7, 5/10-21.10, 5/10-22.6, 5/10-27.1A, 5/10-27.1B, 5/24-24, 5/26-12, 5/27-23.7 and 5/31-3.
23 Ill.Admin.Code §1.280.
CROSS REF.: 2:240 (Policy Development), 5:230 (Maintaining Student Discipline), 7:70 (Attendance and Truancy), 7:130 (Student Rights and Responsibilities), 7:140 (Search and Seizure), 7:150 (Agency and Police Interviews), 7:160 (Student Appearance), 7:170 (Vandalism), 7:180 (Preventing Bullying, Intimidation and Harassment), 7:200 (Suspension Procedures), 7:230 (Misconduct by Students with Disabilities), 7:240 (Student Transportation), 7:270 (Administering Medicines to Students), 7:310 (Restriction on Publications and Written or Electronic Material), 8:30 (Visitors to and Conduct on School Property)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Students
strongly suspected of drug and/or alcohol abuse may be referred for evaluation
to determine the possible need for regular drug and/or alcohol counseling
and/or possibly longer term treatment in a residential drug and alcohol
treatment program.
The following
procedure for this testing is required:
1. Students are identified as possible drug or
alcohol abusers and in need of testing by the consensus of C.B.S.
intervention team meeting utilizing the attached form as documentation of
such meeting. The decision for testing
is a team decision utilizing the following criteria.
A. Silly, illogical behaviors and physical signs
or smells.
B. Reliable and verifiable informants.
C. Students themselves wishing advice and
treatment.
2. The intervention
team identifying student as a possible drug and/or alcohol abuser
may assign a team member to request that parents use a private means of drug
and alcohol evaluation including a physical.
Parents would be responsible to pay for this evaluation, through their
insurance, or by any other means available to them.
3. If the parents
justifiably cannot afford to have this type of drug and alcohol evaluation done,
parents would be requested to obtain an evaluation at the LaSalle County
Drug and Alcohol Council. The cost per
student tested at the LaSalle County Council is based upon the parent's income
or ability to pay. Charges could be from
as little as nothing up to $30/hour or more.
The parent must be responsible for whatever cost is involved in this
evaluation.
Under no
conditions will the Council test students for drug and alcohol involvement
without a complete written consent package being filled out and signed by the
parent or legal guardian. All
evaluations that parents obtain through the LaSalle County Drug and Alcohol
Council would be done following the established procedure of that agency.
4. C.B.S. may
transport a student to the
5. C.B.S., under no
circumstances, will provide for transportation to the LaSalle County Drug and
Alcohol Council for drug and/or alcohol evaluations for students except when
this transportation and evaluations are agreed to by parents in writing as
explained above.
LaSalle/Putnam
County Educational
Students are prohibited from engaging in
gang activity. A "gang" is any group of 2 or more persons whose
purpose includes the commission of illegal acts.
No student shall engage in any gang
activity, including, but not limited to:
1. Wearing, using, distributing, displaying, or
selling any clothing, jewelry, emblem, badge, symbol, sign, or other thing that
are evidence of membership or affiliation in any gang.
2. Committing any act or omission, or using any
speech, either verbal or non-verbal (such as gestures or hand-shakes) showing
membership or affiliation in a gang, and
3. Using any speech or committing any act or
omission in furtherance of any gang or gang activity, including, but not
limited to:
a. soliciting others for membership in any
gangs,
b. requesting any person to pay protection or
otherwise intimidating or threatening any
person,
c. committing any other illegal act or other
violation of school district policies,
d. inciting other students to act with physical
violence upon any other person.
Students
engaging in any gang-related activity will be subject to one or more of the
following disciplinary actions:
1. The Building Principal and/or the Police Department School Liaison Officer will arrange meetings as needed between school officials and individuals representing law enforcement to share information.
2. The Building Principal and the Police Department School Liaison Officer will share information regarding the arrest of a student who is less than 17 years of age and is enrolled in the Building Principal’s school when the arrest was for any offense classified as a felony or a Class A or B misdemeanor.
a. The reporter should identify the student by name and describe the circumstances of the alleged criminal activity. Local law enforcement officials must certify in writing that the information received from the school will not be disclosed to any other party except as provided by State law without the prior written consent of the student’s parent/guardian.
b. The report should be made as soon as possible after the Liaison Officer or Building Principal reasonably suspects that a student is involved in such activity.
c. The Building Principal’s duty to report such activity arises only when the activity occurs on school property or off school grounds at a school-related function.
3. The State’s Attorney shall provide to the Building Principal a copy of any delinquency dispositional order concerning any student regardless of age where the crime would be a felony if committed by an adult, or was a Class A misdemeanor in violation of Section 24-1, 24-3, 24-3.1, or 24.5 of the Criminal Code (weapon offenses).
4. Local law enforcement shall provide a copy of all arrest records, and the State’s Attorney shall provide a copy of all conviction records, to the Building Principal if the record involves a student who is arrested or taken into custody after his or her 17th birthday.
5. Local law enforcement and the State’s Attorney may share or disclose information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders.
LEGAL REF.: 105 ILCS 5/10-20.14.
705 ILCS 405/1-7, 1-8(F), 1-8(G), and 5-905.
CROSS REF.: 2:150 (Committees), 7:150 (Agency and Police Interviews)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
This administrative procedure applies to all students. Isolated time out and physical restraint shall be used only as a means of maintaining discipline in schools, that is, as a means of maintaining a safe and orderly environment for learning and only to the extent that they are necessary to preserve the safety of students and others. Neither isolated time out nor physical restraint shall be used in administering discipline to individual students, i.e., as a form of punishment. The use of isolated time out and physical restraint by any staff member shall comply with the Illinois State of Education rules, Section 1.285, “Requirements for the Use of Isolated Time Out and Physical Restraint.” Isolated time out and physical restraint are defined as follows:
Isolated time out - the
confinement of a student in a time-out room or some other enclosure, whether
within or outside the classroom, from which the student’s egress is restricted.
Physical restraint - holding
a student or otherwise restricting his or her movements. Restraint does not
include momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices, accomplished with
limited force and designed to: (1)
prevent a student from completing an act that would result in potential
physical harm to himself, herself, or another or damage to property; or (2)
remove a disruptive student who is unwilling to leave the area voluntarily.
The following also apply:
1. The circumstances under which isolated time out or physical restraint will be applied are limited to maintaining a safe and orderly learning environment. §1.280(c)(1).
2. The ISBE rules are adopted as the District’s written procedure to be followed by staff for the use of isolated time out or physical restraint. §1.280(c)(2).
3. Staff members shall inform the Building Principal whenever isolated time out or physical restraint is used and the Building Principal shall maintain the documentation required according to Section 1.285. §1.280(c)(3).
4. The Building Principal shall investigate and evaluate any incident that results in a serious injury as reported by the affected student, parent/guardian, staff member, or other individual. §1.280(c)(4).
5. The Building Principal shall compile a description of alternative strategies that will be implemented when determined advisable pursuant to Section 1.285(f)(4). §1.280(c)(5).
6. The Director or designee shall compile an annual review of the use of isolated time out or physical restraint. The Building Principal shall report the following information to the Director in order to facilitate the report’s compilation: §1.280(c)(6).
a. The number of incidents involving the use of these interventions;
b. The location and duration of each incident;
c. Identification of the staff members who were involved;
d. Any injuries or property damage that occurred; and
e. The timeliness of parental notification and administrative review.
LEGAL REF.: 105 ILCS 5/10-20.31.
23 Ill.Admin.Code §§1.280 and 1.285.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:190-AP5
Students may not use or possess electronic signaling (paging) devices or two-way radios on school property at any time, unless the Building Principal specifically grants permission.
Cell Phones and Other Electronic Devices
The possession and use of cell phones and other electronic devices, other than paging devices and two-way radios, are subject to the following rules:
1. They must be kept out of sight and in an inconspicuous location, such as a backpack, purse, or locker.
2. They must be turned off during the regular school day unless the supervising teacher grants permission for them to be used or if needed during an emergency.
3. They may not be used in any manner that will cause disruption to the educational environment or will otherwise violate student conduct rules.
4. They may not be used for creating, sending, sharing, viewing, receiving, or possessing indecent visual depictions as defined in State law, i.e., sexting. Possession is prohibited regardless of whether the depiction violates State law. Any cellular phone may be searched upon reasonable suspicion of sexting. All sexting violations will require school administrators to follow student discipline policies in addition to contacting the police and reporting suspected child abuse or neglect when appropriate.
Electronic study aids may be used during the school day if:
1. Use of the device is provided in the student’s IEP, or
2. Permission is received from the student’s teacher.
Examples of electronic devices that are used as study aids include devices with audio or video recording, iPods®, some cellular telephones, laptop computers, and iPads®.
Examples of electronic devices that are not used as study aids include: hand-held electronic games, CD players, MP3 players, global positioning systems (GPS), radios, and cellular telephones (with or without cameras), and other portable mobile computers capable of transmitting images or pictures.
The Alliance and/or C.B.S. are not responsible for the loss or theft of any electronic device brought to school.
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:190-AP6
Sexting is commonly explained as the act of sending sexually explicit photos, images, or messages electronically, primarily by mobile phone or the internet, that are taken with or without consent. It also includes indecent visual depiction or portrayal in any pose, posture or setting involving a lewd exhibition of unclothed or transparently clothed male or female anatomy.
Director or building designee shall collaborate in conjunction with the student’s home district and local law enforcement procedures for investigation and management of sexting allegations. This procedure shall include:
(1) investigating where the action took place,
(2) contacting the home district superintendent and parent/guardian of students involved,
(3) confiscating the device and following 7:140 search and seizure policy,
(4) following 5.90 abused and neglected child reporting, when applicable,
(5) following disciplinary actions for all students involved as determined by home district administrative board policy, and
(6) consider counseling or social work support to prevent harassment and bullying of involved students.
LaSalle/Putnam
County Educational
The following are suspension procedures:
1. Before suspension, the student shall be provided a conference during which the charges will be explained and the student will be given an opportunity to respond to the charges.
2. A pre-suspension conference is not required and the student can be immediately suspended when the student's presence poses a continuing danger to persons or property or an ongoing threat of disruption to the educational process. In such cases, the notice and conference shall follow as soon as practicable.
3.
Any suspension shall be reported immediately to the
student's parent(s)/guardian(s). A
written notice of the suspension shall state the reasons for the suspension,
including any school rule which was violated, and a notice to the parent(s)/guardian(s)
of their right to a review of the suspension.
A summary of the notice shall be given to the Executive
Committee, including the reason for the suspension and the suspension length.
4. Upon request of the parent(s)/guardian(s), a review of the suspension shall be conducted by the Executive Committee or a hearing officer appointed by the Executive Committee. At the review, the student's parent(s)/guardian(s) may appear and discuss the suspension with the Executive Committee or its hearing officer and may be represented by counsel. After presentation of the evidence or receipt of the hearing officer's report, the Executive Committee shall take such action as it finds appropriate.
LEGAL REF.: 105 ILCS 5/10-22.6(b).
Goss v. Lopez, 95 S.Ct. 729 (1975).
Sieck v.
CROSS REF.: 7:130 (Student Rights and Responsibilities), 7:190 (Student Discipline)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The School Board
authorizes the resident district superintendent and/or designee to suspend
students in compliance with appropriate legal requirements of Title 23, Ill.
Adm. Code 226 and The Illinois School Code and furthermore to prosecute
any student who performs a criminal act against the staff, students or property
of the district.
Special education
students whose presence pose a continuing danger to persons or property or are
an ongoing threat of disrupting the academic process may be removed from
school. In such cases, the requirements
of notice and hearing shall follow as soon as practicable and/or as indicated
below.
I. Definitions: Suspension - the removal of a student from all or any
part of his/her educational program for up to ten (10) school days in aggregate
in any one school term.
Expulsion -
the removal of a student from all or an part of his/her educational
program that exceeds ten (10) school days in aggregate in any one school term.
The local school
district shall be responsible for ensuring that those children who require
special education services enjoy rights and privileges equal to those of all
other children.
A) No exceptional child between the ages of
three and twenty-one may be permanently excluded from the public schools either
by the board of education, by indication of the district's inability to provide
an educational program, or by informal agreement between the parents and the
school district to allow the child to remain without an educational program.
B) A child who has been determined eligible
for a special education instructional or resource program or related service
shall not be expelled for a
behavior or a condition which is, or results from, an exceptional
characteristic as defined in the Illinois School Code (Ill. Rev. Stat. 1989, ch. 122, pars. 14-1.02 and l4.1.03a).
C) A child who has been determined eligible
for a special education instructional or resource program or related service
shall not be suspended for
more than 10 school days in aggregate in any one school term for a behavior or
a condition which is, or results from, an exceptional characteristic as defined
in the Illinois School Code (Ill. Rev. Stat. 1989, ch.
122, pars. 14-1.02 and 14.103a) unless the local district complies with the
provisions denoted within Section 226.562 (b) of Title 23 of the Illinois
Administrative Code.
Students whose
presence pose a continuing danger to persons or property or who are an ongoing
threat of disrupting the academic process* may be removed from school. In such cases the following procedures shall
be in place.
*The intent of the
inclusion of this statement is to allow local school districts the right to
suspend disruptive students. However, it
is not meant to be justification for removing students for minor behavioral
incidents.
Within district policy, the specific offenses
that result in suspension should be delineated.
II. Behavior Intervention
Plan -
When the reported findings and
recommendations of the I.E.P. team participants indicate that a child with a
disability, at some time within the term of his/her I.E.P., could possibly
require suspension from school, this child, under these circumstances, may
warrant an agreed-upon, written behavior intervention plan to be incorporated
into his/her I.E.P.. This plan should
set forth general behavior expectations and principles of discipline and/or address
specific problems already experienced with the student. The primary purpose of this behavior
intervention plan is to provide programmatic guidance regarding the
incorporation of discipline procedures into the individualized education
program (I.E.P.) of students with disabilities.
The I.E.P. shall contain such a behavior intervention plan which shall:
A. state the types of misbehavior which
will warrant disciplinary consideration and the levels of discipline to be used
including the number and kind of student conduct incidents and district
responses which may occur before the district will notify the parents that the
plan is not satisfactorily remediating the conduct and that the I.E.P. needs
revision. (Options in the development of
the plan include using a modification of existing district discipline policies
and procedures, a discipline policy specifically designed for the individual
student, or a conscious decision to address discipline problems when
presented.) The discipline process
should address all sites in which services are provided, as well as discipline
involving behavior during district-provided transportation to and from those
sites (present levels of performance);
B. describe the
outcomes the student can expect to accomplish with proper intervention in
regard to the misbehavior (annual goals and short term objectives;
C. delineate the actions the school
district will take to remediate the misbehaviors previously described and
respond to the specific incidents delineated including specially designed
instruction and related services. The
plan indicated above therefore contains the measured, progressively more
restrictive techniques which will be used to remediate conduct (should it
occur) that would ordinarily cause the district to institute their general
disciplinary policies and
D. indicate the
time frame and basis for determining if the plan is working (objective
criteria, evaluation procedures, and schedules).
E. Prior to convening the I.E.P.
conference to formulate or revise the I.E.P and discipline plan, the district
is to conduct any additional evaluations or reevaluations of the child that are
necessary to determine what components or modifications are necessary in the
discipline plan and I.E.P..
If evaluations or reevaluations are
necessary, the I.E.P. team should first address the appropriateness of the
proposed disciplinary standards including the evaluation of the impact the
discipline plan might have on the special education program and needs of the
student.
Potential problems may include: student behavior that is related to problems
with the services that the student is receiving rather than controllable acts
of misconduct; failure to provide the services listed on the I.E.P.; provisions
of inadequate services; or an inappropriate placement decision. All of these potential problems and any
others should be considered as part of the I.E.P. team’s development of the
behavior intervention plan.
F. The I.E.P. conference participants must
then consider these multi-disciplinary team recommendations and formulate or
revise the discipline plan and I.E.P. accordingly.
Changes or additions to the discipline plan
require convening an I.E.P. meeting. The
decision of this I.E.P. meeting must be in keeping with least restrictive
environment regulations. Based upon this
revised I.E.P., the I.E.P. conferees shall also determine if change in placement is warranted.
All of the procedural protections available
to students with disabilities and their parents including notice and
opportunity for participation in meetings must be observed throughout the above
process. Although specific disciplinary
actions may be included in the I.E.P., parents or student may still request a
due process hearing with regard to the behavior intervention plan.
It is important to remember that, in all
cases, prior to any change in the student's eligibility the district must
complete evaluations and reevaluations to obtain current information; conduct a I.E.P. meeting to determine
eligibility and make recommendations for services; and then convene an I.E.P.
conference to revise the I.E.P. and decide placement.
G. Implementation of the behavior
intervention plan should not result in disruption of the child's services for
more than ten school days in the aggregate in any one school term.
So to avoid longer than ten total days of
interruption in the child's special education programming in any one school
year, the district should act to convene an I.E.P. meeting after any special
education student is assigned five (5) days of suspension in aggregate in any
one school term to discuss the appropriateness of the eligibility of the
student, the appropriateness of the current placement and the appropriateness
of the discipline plan if one exists.*
*The five days of suspension in aggregate timeline
is to allow a feasible time frame
enabling the I.E.P. team to meet and discuss the circumstances
surrounding the suspension and to further determine whether any change in
student eligibility or placement is needed.
The intent is to avoid the removal of a student from his/her special
education program for a time period greater than ten days in any one school
year.
III. To suspend/expel special education
students for more than 10 school days aggregate in any one school term, the
following additional requirements and procedures must be met:
A. Prior
to any suspension/expulsion of a special education student for more
than 10 school days in any one school term, an I.E.P. meeting must be
held. The purpose of this meeting is to
determine the relationship of the misconduct to the student's special education
eligibility. Prior to convening this meeting, the district must conduct
any additional evaluations of the child necessary to determine if the conduct
is related to the child's eligibility.
B. If the I.E.P. meeting participants
determine that the conduct is related
to the student's previously determined eligibility or stems from a newly
diagnosed eligibility, the student may not
be subjected to the general discipline policies of the district
(suspended/expelled). Upon this
determination, the I.E.P. meeting participants shall recommend a revision of the I.E.P. which incorporates
or revises the placement and/or the discipline plan designed to remediate the
recently exhibited behavior. The process
for developing the behavior intervention plan and the nature of the plan is
discussed above.
C. If the I.E.P. meeting participants fail to report a determination
that no relationship exists between the child's eligibility and the conduct, no disciplinary action
(suspension/expulsion) may be taken against the student. The student's existing special education
placement and services may be altered only in accord with those specific
findings and recommendations which re reported to the
I.E.P. conferees.
D. If the I.E.P. meeting participants
determine specifically and report in their written findings that there is no relationship between
the student's conduct and his/her qualifying disability, the student may then
be subjected to the district's general discipline code, but services cannot be terminated.
E. If a special education student is
suspended or expelled for more than 10 days, educational services must continue
to be provided to the student as necessary to prevent significant regression
until resuming in the former or a different existing program.
ADDITIONAL SPECIAL EDUCATION CONCERNS:
1. If a special education student is
suspended a series of times (3, 4, 5 times) within a relatively short time span
(a six month period for example), the district should initiate a reevaluation
of the student and call an I.E.P. conference to discuss the revision of the
behavior intervention plan and/or the possibility that an alternative placement
may be needed.
2. If a special education student's conduct
is violent and disruptive to the extent that the student is a physical danger
to others or him or herself, the school then has the right to request, through
their legal counsel that the court issue an emergency injunction changing the
child's placement (removing the child from school until a more appropriate
placement can be found). This process
should be arranged in advance
through the legal counsel of the individual school district.
3. Suspensions from bus transportation
follow all of the same procedures (indicated above) that apply to school
suspensions. Suspension from student
transportation is considered
identical in so far as it causes an interruption in the special
education services that are required by the student's I.E.P..
4. All of the above requirements apply in
total to a regular education student who is in the process of being evaluated
for special education services of any type.
5. All of the above procedural
requirements apply in full to in-school
suspension placements as well as to out-of-school suspensions.
ADDITIONALLY, THE
LEGAL REF.:
Goss vs. Lopez, 95
Honig
vs. Doe, 86
I.S.B.E. 10-11-90 Memo
from Mr. Robert Leininger, State Supt. of Schools
4-12-91 "Dept.
of Spec. Ed. Administrative Bulletin" from Gail Lieberman,
I.S.B.E. Asst. Supt., Dept. of Spec. Ed.
Executive
Committee Meeting Minutes 03/08/90 and 10-11-90
CROSS
REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A.
Behavioral Interventions
1.
Behavioral interventions shall be used with students with
disabilities to promote and strengthen desirable behaviors and reduce
identified inappropriate behaviors. The School Board
will establish and maintain a committee to develop, implement, and monitor
procedures on the use of behavioral interventions for children with
disabilities.
2.
A committee shall be established to develop and monitor procedures
on the use of behavioral interventions for children with disabilities in
accordance with the requirements of Section 5/14-8.05 of The School Code. The committee shall review the State Board of
Education’s guidelines on the use of behavioral interventions and use them as a
non-binding reference. The behavioral
intervention procedures shall be furnished to the Parents of all children with
individual education plans within 15 days after their adoption or amendment by,
or presentation to, the Board or at the time an individual education plan is
first implemented for a student; all children shall be informed annually of the
existence of the procedures. At the
annual individualized education plan review, a copy of the
3.
A behavioral intervention plan shall be based on a functional
behavior assessment and shall include positive behavioral intervention
strategies, and supports to address the inappropriate behavior. A functional behavioral assessment shall be
completed, if appropriate, in relationship to the development or modification
of a student’s behavioral intervention plan.
A functional behavioral assessment is an assessment process for
gathering information regarding a student’s target behavior, its antecedents
and consequences, controlling variables, the student’s strengths, and the
communicative and functional intent of the behavior, for use in developing
behavioral interventions. The conduct of
the functional behavioral assessment does not require parental informed written
consent unless the IEP Team decides to conduct individualized assessments that
go beyond the review of existing data and the administration of tests or other
evaluations that are administered to all children.
B.
Discipline of Special Education Students
1.
The District shall comply with the Individuals With
Disabilities Education Improvement Act of 2004 and the Illinois State Board of
Education’s Special Education rules
when disciplining special education students.
No special education student shall be expelled if the student’s
particular act of gross disobedience or misconduct is a manifestation of
his/her disability.
2.
A special education student may be suspended for periods of no
more than 10 consecutive school days each in response to separate incidents of
gross disobedience or misconduct, regardless of whether the student’s gross
disobedience or misconduct is a manifestation of his/her disability, as long as
the repeated removals do not constitute a pattern that amounts to a change in
placement (considering factors such as the length of each removal, the total
amount of time the child is removed, and the proximity of the removals to one
another) and provided that such child receives educational services to the
extent required by IDEA during such removals.
3.
Any special education student may be temporarily excluded from
school by court order or by order of a duly appointed State of Illinois
impartial due process hearing officer changing the student’s placement to an
appropriate interim alternative educational setting for up to 45 school days,
if the School District demonstrates that maintaining the child in his/her
current placement is substantially likely to result in injury to the child or
others.
4.
A special education student who has carried a weapon to school or
to a school function or who knowingly possesses or uses illegal drugs or sells or
solicits the sale of controlled substance while at school or a school function
or who has inflicted serious bodily injury upon another person while at school
or at a school related activity may be removed from his/her current placement. All such children shall be placed in an
appropriate interim alternative educational setting for no more than 45 school
days in accordance with IDEA. The length
of time a child with a disability is placed in an alternative educational
setting must be the same amount of time that a child without a disability would
be subject to discipline.
5.
Upon the occurrence of any act that may subject the student either
to expulsion from school or suspension resulting in more than ten cumulative
days of suspension during any one school year, the School District shall
convene a meeting of the IEP Team to review the student’s behavioral
intervention plan or, if a behavioral intervention plan has not yet been
developed, to develop one.
C.
Special Education Suspension Procedures
1.
All suspension notices and suspension review procedures
established by The School Code shall be followed when suspending a
special education student. In addition,
a special education student who is suspended from school for more than 10
cumulative school days in a school year shall receive educational services in
accordance with IDEA.
2.
The first time a child is removed for more than 10 cumulative days
during the school year, the
3.
For all subsequent removals of the child that do not constitute a
change in placement, the IEP Team members must review the behavioral
intervention plan and its implementation.
If any team member indicates that the plan may need to be modified, the
IEP Team must be convened to review the plan and revise it, if appropriate.
4.
For all removals that exceed 10 cumulative days during one school
year, the
D.
Special Educational Procedures for Expulsion or Disciplinary
Change in Placement
1.
For purposes of this subsection, a disciplinary removal
constitutes a “change of placement” if:
a.
A student is removed from the his/her current educational
placement for more than 10 consecutive school days; or
b.
The student has been subjected to a series of removals that
constitute a pattern:
(1)
Because the series of removals total more than 10 school days in a
school year;
(2)
Because the child’s behavior is substantially similar to the
child’s behavior in previous incidents that resulted in the series of removals;
and
(3)
Because of such additional factors as the length of each removal,
the total amount of time the child has been removed, and the proximity of the
removals to one another.
2.
The
3.
The manifestation determination review must be completed by the Parent(s)
and relevant members of the child’s IEP Team (as determined by the Parent(s)
and the
4.
In carrying out the manifestation determination review, the team
shall consider, in terms of the behavior subject to the disciplinary action,
all relevant information in the student’s file, including:
a.
The child’s IEP;
b.
Any teacher observations of the student; and
c.
Any relevant information provided by the Parent(s).
5.
The conduct must be determined to be a manifestation of the
student’s disability if it is determined that:
a.
The conduct in question was caused by, or had a direct and
substantial relationship to, the child’s disability; or
b.
The conduct in question was the direct result of the
6.
If, at the manifestation determination review conference, it is
determined that the behavior of the child was a manifestation of his/her
disability, the authorized administrator shall not continue with his/her
recommendation for expulsion. The
authorized administrator may request a review of the appropriateness of the
educational placement of the child in accordance with the federal and State
law. During the period necessary to
propose a new placement, the child will remain in his/her then-current placement
unless:
a.
The child has not served a full 10 school day suspension imposed
for the gross disobedience or misconduct, in which case the child may be
required to serve the remaining days of his/her suspension; or
b.
The Parent(s) and the
c.
The School District obtains an order from a court of competent
jurisdiction or a State of
7.
If, at the manifestation determination review conference, it is
determined that the behavior of the child was not a manifestation of his/her
disability, the authorized administrator may continue with his/her
recommendation that the child be considered for expulsion by the School
Board. In addition to issues regularly
determined at an expulsion hearing, the authorized administrator must present
evidence that the manifestation determination review team met and concluded
that the student’s misconduct was not a manifestation of his/her disability,
which shall be duly noted by the Board.
The administration shall ensure that relevant special education and
disciplinary records of the child are transmitted for consideration by the
Board.
8.
If a special education student is expelled from school in
accordance with the procedures set forth above, the
E.
Misconduct Involving Weapons, Drugs, or Infliction of Serious
Bodily Injury.
1.
In accordance with the above procedures, the School District may
take one or more of the following steps when a child with a disability carries
a weapon to school or to a school function, or knowingly possesses or uses
illegal drugs or sells or solicits the sale of a controlled substance while at
school or at a school-related function, or has inflicted serious bodily injury
upon another person while at school or a school-related function:
a.
Suspend the child from school for 10 school days or less.
b.
Convene an IEP conference to: (a) determine placement in an
interim alternative educational setting for up to 45 school days, (b) review and,
if appropriate, modify the student’s behavior intervention plan, as necessary,
to address the student’s behavior (if no behavior intervention plan is in
place, the IEP Team shall develop a plan for a functional behavioral assessment
that must be used to develop a behavior intervention plan), and (c) conduct a
manifestation determination review.
(1)
The child may be placed in an interim alternative educational
setting even if the behavior is a manifestation of the student’s disability.
(2)
The interim alternative educational setting must:
(a)
Enable the child to continue to progress in the general
curriculum;
(b) Enable
the child to receive the services and modifications set forth in his/her IEP;
and
(c)
Include services and modifications designed to address the misconduct
to prevent it from recurring.
2.
If the Parent(s) disagree with the interim alternative educational
placement or with the School District-proposed placement and initiate a due
process hearing, the child must remain in the interim alternative educational
setting during the authorized review proceedings, unless the Parent(s) and the
F.
Change of Placement if Maintenance of Current Placement Is Likely
to Result in Injury
1.
In the event that maintenance of a student’s current placement is
substantially likely to result in injury to the child or to others, the School
District may seek an order from a court of competent jurisdiction or a State of
Illinois impartial due process hearing officer to change the student’s
placement to an appropriate interim alternative educational setting for one or
more 45 school day periods after convening an IEP meeting to:
a.
Conduct a manifestation determination review following procedures
described under sub-heading “Special Education Expulsion Procedures,” above,
and
b.
Determine a proposed interim alternative educational setting that
meets the requirements under sub-heading “Misconduct Involving Weapons, Drugs,
or Infliction of Serious Bodily Injury,” above.
2.
The length of time a child with a disability is placed in an
alternative educational setting must be the same amount of time that a child
without a disability would be subject to discipline.
G.
Protections for Children Not Yet Eligible Under IDEA
1.
Any child who has not been determined to be eligible for special
education and related services and who engages in behavior that violates the
School District’s code of conduct shall be disciplined in accordance with the
School District’s discipline policy for nondisabled students, unless the
2.
The
a.
The Parent(s) of the child expressed concern in writing (or orally
if the Parent(s) does not know how to write or has a disability that prevents a
written statement) to supervisory or
administrative
b.
The Parent(s) of the child has requested an evaluation of the
child; or
c.
The child’s teacher or other School District personnel expressed specific
concerns about a pattern of behavior demonstrated by the child directly to the
School District’s Director of Special Education or to other
3.
The
a.
The Parent(s) of the child has not allowed their child to be
evaluated after he/she was referred for such evaluation by the
b.
The Parent(s) has refused special education services; or
c.
Documentation maintained in the school student records affirm that
an evaluation to determine the presence of a disability was either conducted
and the child was found not eligible for special educational and related
services or the Parent(s) was provided with written notice that the School
District had considered the need to conduct an evaluation and had determined
that an evaluation was not warranted.
4.
If, following the
evaluation is completed, the child shall remain in
the educational placement determined by the School District, which may include
suspension or expulsion without educational services.
H.
Referral to and Action by Law Enforcement and Judicial Authorities
The
LEGAL REF.: Individuals With Disabilities Education Improvement Act of 2004, 20 U.S.C. §§1412, 1413, and 1415.
Gun-Free Schools Act, 20 U.S.C. §3351 et seq.
34 C.F.R. §§300.101, 300.530 – 300.536.
105 ILCS 5/10-22.6 and 5/14-8.05.
23
Honig v. Doe, 108 S.Ct. 592 (1988).
CROSS REF.: 2:150 (Committees), 6:120 (Education of Children with Disabilities), 7:130 (Student Rights and Responsibilities), 7:190 (Student Discipline), 7:200 (Suspension Procedures),
ADOPTED: September 11, 2008
Revised March 12, 2009
Revised November 12, 2009
Revised October 4, 2011
LaSalle/Putnam
County Educational
1. The student is always under the constant
supervision of a C.B.S. staff member.
a. The visual and
auditory field of the student is available to staff but not to other students.
b. The supervising staff
member is within the room all times to supervise and selectively respond to the
student when determined necessary and appropriate.
c. The supervising
staff would immediately respond to the student when he/she meets the
appropriately determined contingency defined.
2. L.E.A.R.N.I.N.G.
Room will only be initiated with the express permission of the C.B.S. principal
or designee, or as a result of a C.B.S. intervention team decision made by
consensus. The parent will be notified as
soon as possible of the L.E.A.R.N.I.N.G. Room being implemented. The attached forms are to be used to initiate
or review all usage of the L.E.A.R.N.I.N.G. Room
a. The minimum amount of time to be spent in the
L.E.A.R.N.I.N.G. Room would be 30 minutes.
Lesser amounts of time would be appropriate to time-out, of course,
within the existing guidelines for time-out room usage.
b. The L.E.A.R.N.I.N.G. Room that is proposed to
endure past the close of any one school day for any student must be formally
reviewed by that particular child's intervention team prior to the close of
that school day.
3. Members of the
team will document the reasons for the continuing of the L.E.A.R.N.I.N.G. Room for
any additional time past the school day in which the suspension was
initiated.
a. This documentation must detail the consenting
or the non-consenting signatures of all available intervention team members and
the parent contact made.
b. This procedure is to occur daily whenever a
student serves additional L.E.A.R.N.I.N.G. Room time past the present school
day.
c. Use of an adequately sized room is
recommended. The door to this
L.E.A.R.N.I.N.G. Room is not
to be locked at any time.
4. If a student is
behaving inappropriately while in the L.E.A.R.N.I.N.G. Room, all of the rules
that are in effect elsewhere in the C.B.S. building will apply.
a. This includes the utilization of the time-out
room if a student's behavior warrants it.
b. The time-out room may be locked if the
student is felt likely to run from the room or is constantly opening and
closing the door for attention-getting purposes. However, the staff member in supervision of
the time-out room will be in constant eye contact with the student if and when
it is felt necessary that the door to the time-out room needs to be
locked. Time spent in the time-out room
is covered by C.B.S. school policy and procedure.
5. The intervention
team must continually review the overall frequency for the needed use of the
L.E.A.R.N.I.N.G. Room for all individual students. If the L.E.A.R.N.I.N.G. Room for all
individual students. If the L.E.A.R.N.I.N.G. Room has been required more than
occasionally, a multidisciplinary conference may need to be called at C.B.S. to
review the appropriateness of the student's present C.B.S. programming and to
possibly discuss placement alternatives that may be more appropriate. This same review would need to occur for any
student requiring excessive time-out room usage.
6. Students will be
expected to complete their regularly assigned school work while in the
L.E.A.R.N.I.N.G. Room and this work should be made available to the
L.E.A.R.N.I.N.G. Room supervisor. The
L.E.A.R.N.I.N.G. Room may have more than one student present within it at any
one time.
7. The
L.E.A.R.N.I.N.G. Room should be well lighted, ventilated, and relatively
comfortable with a desk and chair available for each student so that school
work can be accomplished. Also, a desk
and chair for the supervising staff member should be made available.
8. The
L.E.A.R.N.I.N.G. Room should be resistive to destructive behavior.
9. When not in use
for suspension purposes, this area could be used for testing, counseling, quiet
area, etc.
LaSalle/Putnam
County Educational
Students who are
in their seat and quiet at the close of the school day will be dismissed to
their respective transportation for the return trip home. Upon being dismissed, students are expected
to go directly to their transportation without communication of any kind (with
other staff) until they are actually on their transportation.
Any student not
quiet and ready to exit by five minutes prior to the close of school day may be
kept after school for a maximum of two (2) hours per day.
Other reasons
for detaining C.B.S. students after school may be:
1. Continuing discipline
problems that have not been effectively addressed through the C.B.S. Behavior
Management Plan.
2. Problems
occurring on the student's transportation to and/or from school.
NOTE:
After-school detention is not for make-up of out-of-instruction time.
C.B.S. staff
must always inform bus drivers of one or more of their student's
having to stay after school at the earliest possible time, but not later
than the actual closing time of the school day.
C.B.S. full time
certified staff (or C.B.S. full time aide(s) under the direction of a C.B.S.
certified staff member who is in the immediate proximity of the room where the
after-school detention is taking place) will monitor students who are kept
after school for any reason. The teacher
to whom the detained student(s) are assigned will notify one of the C.B.S.
social workers of the particular student(s) detention.
If this parent
contact cannot be made for any reason, the student is not to be detained after
school for that day or for any day until after the parent has been notified of
the student needing to serve a detention after school.
C.B.S. staff
will transport a detained student home only
after parents have been contacted and have refused or simply cannot in any way
come to C.B.S. to pick their student up.
LaSalle/Putnam
County Educational
1. A student is first
identified as behaviorally unable to profit from their immediate presence at
C.B.S. by the staff and the principal or the acting principal. All normal programmatic intervention
procedures are not beneficial and the student's behavior is a detriment, if not
a dangerous threat, to the normal operation of the C.B.S. intervention program
and to the staff and students there.
2. As soon as the
student is identified, the parent or legal guardian will be contacted to
transport the student from C.B.S. to home for the day or to other appropriate services. If the parent/legal guardian cannot be
contacted or refuses to do this, the student's emergency information will be
consulted to determine other possible persons to call in reference to the
problem.
3. If legally
responsible persons or other persons designated to act in emergencies of this
nature cannot be located, the following procedures should be implemented:
A. Notify and
request assistance from the student's probation officer and/or the probation
office if the student is under court supervision or on probation.
B. If the problem
cannot be resolved in this manner, request assistance in finding the
parent/legal guardian from the sending district social worker, psychologist, principal and/or police department as needed.
C. If the situation
cannot be resolved through the foregoing actions, the nature of the student's
problem will determine which of the following courses of action to pursue:
a. Bizarre behavior - emergency
referral to Mental Health in
b. Other - request aid
from D.C.F.S., Y.S.B., Detention Home and/or Mental Health. If these agencies are not responsive in
extreme emergency, the Seneca Police Department should be requested to
transport the student to the student's home, the sending district police
department, the "D" Home, Mental Health or some other similar
agency. The Seneca Police may
alternatively be requested to transport the out-of-control student to the
sheriff's office as appropriate for the MRAI process. The Seneca Police Department may also be
asked to communicate with and ask the student's resident district police
department to accomplish this transportation.
This step in this procedure should always be accomplished in such a way
so as to minimize the time and need for C.B.S. staff to be absent from the
school building and their assigned duties in order to transport students.
4. Notify all the
appropriate persons of actions taken, but in all cases, notify the
sending district, the student's transportation, L.E.A.S.E. and the parent.*
5. When all other
resources have been exhausted, maintain the student in the least restrictive
environment available at C.B.S. which is appropriate for the student's
behavior.
*The C.B.S. social worker is to stay with and
monitor the situation until the parent/legal guardian has been notified.
LaSalle/Putnam
County Educational
The policy of
C.B.S. relative to the transportation of students to and from Circuit Breaker
School shall be the following:
1. The local school district has the sole
responsibility and authority for its own transportation and driver
conduct. As C.B.S. does not have parking
facilities available for students, the district may not allow students to use a
vehicle to transport themselves to C.B.S.
2. All local school districts should inform
their drivers to use as much restraint as possible in returning students to
C.B.S. when they are disruptive on the bus while in proximity of the school.
3. All local school districts should inform
their drivers that no disruptive students are to be returned to C.B.S. if the
vehicle will arrive back to C.B.S. after the closing hour of the school.
4. All local school districts should
develop a policy for their drivers to follow for notifying both the local school
district and C.B.S. when a student is disruptive to the point where he is
removed from the bus while away from C.B.S. or in other emergency situations.
5. If C.B.S. students are returned to
C.B.S. and the local vehicle leaves for the day, it will be the responsibility
of C.B.S. to care for the student until the student is released either to an
agency that will assume responsibility for the student or back to the district
itself. In the event the student is released
to another agent other than the school, C.B.S. will contact the designated
local school party or parties of such an occurrence in the immediate time frame
of the event. Under no conditions shall
C.B.S. release a student back into the community unsupervised by a C.B.S. staff
member.
LEGAL REF.:
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The following student support
services may be provided by the member local districts or L.E.A.S.E. for
students with Individual Education Plans:
1. Health services supervised by a qualified
nurse. The Superintendent, Director or designee
may implement procedures to further a healthy school environment and prevent or
reduce the spread of disease, including head lice (Pediculus Humanus Capitis).
4. Guidance and counseling services.
5. For C.B.S.
students needing speech and language therapy on a regular basis per the
student's I.E.P., these services shall be provided, whenever possible, through
a cooperative arrangement with a school district in whose boundaries
If
this cooperative agreement is impossible to arrange, other arrangements for
this needed speech and language therapy will need to be made.
For
C.B.S. students in need of an initial speech and language evaluation,
referral will be made to the L.E.A.S.E. speech & language Coordinator, who
will in turn process the referral and take the necessary steps to complete a
speech and language evaluation if this is determined necessary.
This policy shall be implemented in a manner consistent with State and
federal laws, including the Individuals
with Disabilities Education Act, 42 U.S.C. §12101 et seq.
LEGAL REF.: Children’s Mental Health Act of 2003, 405 ILCS 49/1 et seq.
CROSS
REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
|
Actor |
Action |
|
School Nurse or designee |
Involves parent organization in the development and implementation of programs regarding prevention and treatment. Provides information regarding control to staff, students, and parents. Provides information material and/or inservice to school personnel on: 1. Confidentiality requirements 2. Identification 3. Preventing transmission in classrooms 4. Precautions against self-contamination and cross-contamination, e.g., a. Carpets should be vacuumed frequently b. Cloth-covered stuffed animals, sleeping mats, pillows, sofas, and other stuffed furniture should be discouraged 5. Treatment and resources for treatment 6. Readmission requirements 7. Respect for sensitivity of students and parents/guardians regarding this condition |
|
Parent/Guardian |
Assists in preventing and managing head lice outbreaks by regularly checking their children’s hair and providing immediate treatment if lice are detected. 7. Check your child’s hair and scalp regularly for eggs; they look like tiny white or grayish grains stuck to the hair. Head lice like clean heads, too. 8.
Do not
allow your child to use other children’s combs, brushes, hats, etc. 9. If you find your child does have head lice, please inform the school so other children in the class can be checked. 10. Call your physician for a medicated shampoo. Follow the instructions for the entire family. 11. Hats, combs, brushes, and bed linens should be cleaned thoroughly. After the medicated shampoo, you can loosen the eggs with scalp rinses of vinegar, and then slide the eggs off the hair shaft with tweezers, a special fine tooth comb, or your fingernails. |
|
Staff |
To prevent the spread of head lice infestations, reports all suspected cases of head lice to the school nurse or designee as soon as possible. |
|
School Nurse or designee |
Inspects the head of any student reasonably suspected of having head lice as soon as possible. Checks the siblings of any student with head lice and notifies other schools where siblings attend. Checks the student’s contacts for the presence of lice. Provides the student’s parent(s)/guardian(s) with information regarding head lice treatment. If more than one student is affected in any class, examines all students in the class and provides information about head lice to all parents/guardians of students in the class. |
|
Building Principal |
If eggs (nits) or lice are found, excludes the student from attendance and informs the parent(s)/guardian(s) about recommended treatment procedures and sources of further information. |
|
Staff |
Maintains the privacy of students identified as having head lice and excluded from attendance. |
|
Parents/Guardians |
Return an excluded student to school by bringing a note verifying treatment. |
|
School Nurse or designee |
Examines any excluded student and verify to the Building Principal that all eggs (nits) and lice are gone so that the student may return. |
|
Building Principal |
Notifies parent(s)/guardian(s) whose excluded student has not returned to school within 5 days of the following: School attendance laws Action that may be taken if absence continues Resources for treatment information |
LaSalle/Putnam County Educational
Student Support Committee
Each Building Principal shall annually appoint a building-level Student Support Committee that shall have the tasks described in this Administrative Procedure. Committee members must be school staff members who are qualified by professional licensing or experience to address issues concerning students who may have social, emotional, or mental health problems. As needed on a case-by-case basis, the Student Support Committee may request the involvement of the Building Principal, relevant teachers, and the parents/guardians. Records produced and shared among Committee members may be subject to laws governing student records. Confidential information given by a student to a therapist is governed by the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/1 et seq.
Referrals
Staff members should refer a student suspected of having social, emotional, or mental health problems to the building-level Student Support Committee. The Student Support Committee will review information about a referred student, including prior interventions, and suggest appropriate steps for referral and follow-up. The Student Support Committee may offer strategies to a referred student’s classroom teachers and parents/guardians about ways they can manage, address, and/or enhance the student’s social and emotional development and mental health. In addition, the Student Support Committee may recommend coordinated educational, social work, school counseling, and/or student assistance services within the school as well as referrals to outside agencies.
Referrals under this procedure are unrelated to the special
education evaluation process and do not trigger the District’s timeline for
evaluations. However, the use of these
procedures shall not circumvent the special education process. See Administrative Procedure 6:120-AP, Special
Education Procedures Assuring the Implementation of Comprehensive Programming
for Children with Disabilities and Suspected Disabilities.
School Counseling, Social Work, and Psychological Services
The Student Support Committee may request school counselors, social workers, psychologists, and school nurses to provide support and consultation to teachers and school staff about strategies to promote the social and emotional development and mental health of all students. They may also be requested to provide screening and early detection approaches to identify students with social, emotional, and mental health problems.
Written permission from the parent/guardian is required for any on-going social work and psychological services. “On-going” is defined as more than 5 contacts in which the student received these services. Written consent may be obtained through an IEP or other designated form. That consent does not entitle parents/guardians to know the contents of all that is discussed. School counselors, social workers, and psychologists will inform parents/guardians of all issues that pose a health and/or safety risk; they will inform the Building Principal of any health or safety risks that are present in the school.
Psycho-Educational
Groups
As appropriate, the Student
Support Committee may recommend that a student participate in a variety of
psycho-educational groups. These groups
are typically led by school counselors, social workers, or psychologists, but
are not structured as therapeutic services.
Groups are designed to help students better understand issues and
develop strategies to manage issues of concern to them that may, if not addressed,
interfere significantly with the students’ educational progress or school
adjustment. Groups have a written
curriculum that guides discussion over a set period of time, generally 5 weeks. A student may participate in a group without
parent/guardian permission for one such time period; subsequent enrollment in
the same group requires parent/guardian permission.
Students in a group who present significant concern and for whom therapeutic services must be considered will be referred to the social workers, psychologists, or school counselors for individual consultation. (See above description of these services.)
School and Community Linkages
When possible, the Student Support Committee shall seek to establish linkages and partnerships with diverse community organizations to provide a coordinated approach to addressing children’s social and emotional development and mental health needs.
LEGAL REF.: Children’s Mental Health Act of 2003, 405 ILCS 49/1 et seq.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
Pupil accidents
which occur during the school day, or on the way to or from school, are to be
reported to the principal immediately.
An accident report form will be completed for each accident reported.
The reporting of
any injury sustained while a student is being transported on a school bus is
the responsibility of the person transporting that student.
The reporting of
any injury sustained during the school day is the responsibility of the
classroom teacher or the person in charge of the activity.
Proper reports
should be filed.
Emergency Medical Services
The school nurse
employed by the local high school will be available with approval from the
district to serve at Circuit Breaker School on an on-call basis to provide
emergency medical assistance and/or consultation as is needed during student
attendance hours.
In cases where either
the local high school nurse is unable to respond to an emergency or where the
emergency is of such a serious nature that the school nurse's services would
not be appropriate, it will then be necessary for a C.B.S. staff member to seek
the immediate assistance of a physician or emergency hospitalization and to
follow the C.B.S. emergency medical procedure as follows:
i.
The
teacher or staff person supervising reports the illness or injury to the
office.
ii.
If
the magnitude of the incident warrants and is beyond the ability of the
available local school nurse to deal with, and time allows, the parent will be
called to advise them of further actions to be taken and/or to get an okay for
the student to be taken to a local nurse/doctor at parent expense. In the event the parent cannot be located,
other people, possibly including the student's doctor, will be contacted via
information on the student's emergency medical form.
iii.
As
a result of #1 and #2 above, the student may be kept at C.B.S. until his bus or
parent/guardian arrives, or the student may be taken to a local nurse/doctor.
iv.
If
the situation is serious enough to require transportation by ambulance, such
will be requested from the local service.
v.
When
needed, C.B.S. may transport a student to the appropriate medical services.
vi.
All
concerned parties are notified of the incident by phone, including
parent/guardians, sending school and transportation as appropriate.
Emergency Medical Services - Use of the
In contacting the
local high school for emergency school nursing services, the nurse will be
directly contacted by the C.B.S. staff member in charge. As soon as is feasible, the C.B.S. principal
will contact the high school administration to report this request for nursing
services.
The C.B.S. staff
member requesting the nurse's services will then be responsible for logging the
time of the nurse's arrival on the scene and the time that the nurse's services
were completed. This information should
be made part of the C.B.S. incident report that is written to document this
incident.
In such a
circumstance where either the high school nurse's services would not be
appropriate because of the serious nature of the emergency, or where the high
school nurse is unable to respond, the C.B.S. staff member in charge will, as
immediately as is possible, contact a local physician or local ambulance
service when such action is deemed necessary as stated above. WHENEVER POSSIBLE AND WHEN THE EMERGENCY WILL
ALLOW IT, THE INJURED STUDENT'S EMERGENCY MEDICAL INFORMATION WILL BE CHECKED
AND THE PARENT, OR IF THE PARENT IS UNABLE TO BE REACHED, THE INDICATED CONTACT
PERSON WILL BE CONTACTED FOR DIRECTIONS AS TO HOW TO PROCEED PRIOR TO CALLING A
LOCAL PHYSICIAN OR LOCAL AMBULANCE SERVICE.
Parents must
assume themselves or through their insurance, all financial responsibility for
any medical attention required for their child that is not directly provided by
school personnel.
School Nursing (Non emergencies)
For illnesses
that are of a non-emergency nature but do require some type of future medical
attention to avoid further possible serious complications or the spread of the
disease to other students or staff, it will be appropriate to request the
services of the student's local district school nurse in helping to deal with
the illness before possible further serious implications are realized.
LaSalle/Putnam
County Educational
A child may be exempted from some or all physical activities when the appropriate excuses are submitted to the school by parent(s)/guardian(s) or by a person licensed under the Medical Practice Act.
Alternative activities and/or units of instruction will be provided for pupils whose physical or emotional condition, as determined by a person licensed under the Medical Practice Act, prevents their participation in the physical education courses.
LEGAL REF.: 105 ILCS 5/27-6.
23
CROSS REF.: 6:60 (Curriculum
Content)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Students should not take medication during school hours or
during school-related activities unless it is necessary for a student’s health
and well-being. When a student’s
licensed health care provider and parent(s)/guardian(s) believe that it is
necessary for the student to take a medication during school hours or
school-related activities, the parent/guardian must request that the school
dispense the medication to the child and otherwise follow the
No Special Education Alliance employee shall administer to any student, or supervise a student’s self-administration of, any prescription or non-prescription medication until a completed and signed “School Medication Authorization Form” is submitted by the student’s parent(s)/guardian(s). No student shall possess or consume any prescription or non-prescription medication on school grounds or at a school-related function other than as provided for in this policy and its implementing procedures. A student may possess an epinephrine auto-injector (EpiPen®) and/or medication prescribed for asthma for immediate use at the student’s discretion, provided the student’s parent(s)/guardian(s) has completed and signed a “School Medication Authorization Form.” The Special Education Alliance shall incur no liability, except for willful and wanton conduct, as a result of any injury arising from a student’s self-administration of medication or epinephrine auto-injector or the storage of any medication by school personnel. A student’s parent/guardian must indemnify and hold harmless the Special Education Alliance and its employees and agents, against any claims, except a claim based on willful and wanton conduct, arising out of a student’s self-administration of an epinephrine auto-injector and/or medication or the storage of any medication by school personnel.
Nothing in this policy shall prohibit any school employee from providing emergency assistance to students, including administering medication.
The Building Principal shall include this policy in the Student Handbook and shall provide a copy to the parents/guardians of students.
LEGAL REF.: 105 ILCS 5/10-20.14b, 5/10-22.21b, and 5/22-30.
CROSS REF.:
ADMIN.PROC.: 7:270-AP2 (Dispensing Medication), 7:270-E (School Medication Authorization Form)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
Local school district policy for the dispensation of medicine shall be the guide for L.E.A.S.E. Coordinators in making staffing recommendations in this area.
In absences of local policy, procedural guidelines developed by L.E.A.S.E. are suggested for use.
Medication required by a student shall generally not be administered at school by a member of the teaching staff. This policy includes even common and widely used preparations such as aspirin.
However, students recovering from temporary illness or students on permanent medication who require medication during the school day may bring medication to school following these guidelines:
Medication shall be brought to school in appropriately labeled containers. The name of the student and the names and phone numbers of the physician and pharmacy shall be indicated on the containers.
Medication shall be administered by the building nurse or in the nurse's absence, under the direction of the building principal or the building principal's designee.
All medicines shall be stored in an appropriate locked cabinet.
In all cases, the building principal with approval from the local district superintendent retains the discretion to reject a request for administering medicine.
LaSalle/Putnam
County Educational
|
Actor |
Action |
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Parents/Guardians |
Ask the child’s physician, dentist, or other health care provider who has authority to prescribe medications if a medication, either prescription or non-prescription, must be administered during the school day. “Medications” includes an epinephrine auto-injector (“EpiPen®”) and asthma inhaler medication. If so, ask the health care provider to complete a “School
Medicine Authorization Form.” This form must be completed and given to
the school before the school will store or dispense any medication and before
your child may possess asthma medication or an EpiPen®. If a student is on a medication indefinitely, the parent/guardian must file a new “School Medication Authorization Form” every year. Bring the medication to the school office. If the medicine is for asthma or is an EpiPen®, a student may keep possession of it for immediate use at the student’s discretion. Bring prescription medication to the school in the original package or appropriately labeled container. The container shall display: Student’s name Prescription number Medication name and dosage Administration route and/or other direction Dates to be taken Licensed prescriber’s name Pharmacy name, address, and phone number Bring non-prescription medications to school in the manufacturer’s original container with the label indicating the ingredients and the student’s name affixed. At the end of the treatment regime, remove any unused medication from the school. |
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School Office Personnel |
Provide a copy of these procedures, as well as a “School Medication Authorization Form,” to inquiring parents/guardians. Whenever a parent/guardian brings medication for a student to the office, summon the school nurse. If the school nurse is unavailable, accept the medication, provided the parent/guardian submits a completed “School Medication Authorization Form” and the medication is packaged in the appropriate container. Put the medication in the appropriate locked drawer or cabinet. Tell the school nurse about the medication as soon as possible. |
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School Nurse (certificated school nurse or non-certificated registered professional nurse) |
Ensure that a parent/guardian who brings medication for his or her child has complied with the parent/guardian’s responsibilities as described in this administrative procedure. In conjunction with the licensed prescriber and parent/guardian, identify circumstances, if any, in which the student may self-administer the medication and/or carry the medication. A student will be permitted to carry and self-administer medication for asthma or an EpiPen®. Store the medication in a locked drawer or cabinet. A student may keep possession of medication for asthma or an EpiPen®. Medications requiring refrigeration should be refrigerated in a secure area. Plan with the student the time(s) the student should come to the nurse’s office to receive medications. Document each dose of the medication in the student’s individual health record. Documentation shall include date, time, dosage, route, and the signature of the person administering the medication or supervising the student in self-administration. Assess effectiveness and side effects as required by the licensed prescriber. Provide written feedback to the licensed prescriber and the parent/guardian as requested by the licensed prescriber. Document whenever the medication is not administered as ordered along with the reasons. If the parent/guardian does not pick up the medication by the end of the school year, discard the medication in the presence of a witness. |
|
Building Principal |
Supervise the use of these procedures. Perform any duties described for school office personnel, as needed. Perform any duties described for school nurses, as needed, or delegate those duties to appropriate staff members. No staff member shall be required to administer medications to students, except school nurses, non-certificated and registered professional nurses, and administrators. Make arrangements, in conjunction with the parent/guardian, supervising teachers, and/or bus drivers for the student to receive needed medication while on a field trip. Unless these arrangements can be made, the student must forego the field trip. |
LEGAL REF.: 105 ILCS 5/10-20.14b, 5/10-22.21b, and 5/22-30.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
To be completed by the child’s parent(s)/guardian(s). A new form must be completed every school
year. Keep in the school nurse’s office
or, in the absence of a school nurse, the Building Principal’s office.
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Student’s Name: |
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Birth Date: |
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Address: |
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Home Phone: |
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Emergency Phone: |
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School: |
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Grade: |
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Teacher: |
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To be completed by
the student’s physician, physician assistant, or advanced practice RN:
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Physician’s Printed Name: |
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Office Address: |
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Office Phone: |
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Emergency Phone: |
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Medication name: |
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Purpose: |
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Dosage: |
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Frequency: |
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Time medication is to be administered or under what circumstances: |
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Prescription date: |
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Order date: |
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Discontinuation date: |
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Diagnosis requiring medication: |
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Is it necessary for this medication to be administered during the school day ? |
Yes No |
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Expected side effects, if any: |
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Time interval for re-evaluation: |
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Other medications student is receiving: |
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Physician’s signature |
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Date |
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For only
parents/guardians of students who need to carry asthma medication or an EpiPen®:
I authorize L.E.A.S.E. and its employees and agents, to allow my child or ward to possess and use his or her asthma medication and/or epinephrine auto-injector: (1) while in school, (2) while at a school-sponsored activity, (3) while under the supervision of school personnel, or (4) before or after normal school activities, such as while in before-school or after-school care on school-operated property. Illinois law requires the Alliance to inform parent(s)/guardian(s) that it, and its employees and agents, incur no liability, except for willful and wanton conduct, as a result of any injury arising from a student’s self-administration of medication or epinephrine auto-injector (105 ILCS 5/22-30).
If you agree please initial:
Parent(s)/guardian(s)
For all parents/guardians:
By signing below, I agree that I am primarily responsible for administering medication to my child. However, in the event that I am unable to do so or in the event of a medical emergency, I hereby authorize L.E.A.S.E. and its employees and agents, in my behalf, to administer or to attempt to administer to my child (or to allow my child to self-administer, while under the supervision of the employees and agents of L.E.A.S.E.), lawfully prescribed medication in the manner described above. I acknowledge that it may be necessary for the administration of medications to my child to be performed by an individual other than a school nurse and specifically consent to such practices, and
I agree to indemnify and hold harmless the
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Parent/Guardian
printed name |
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Parent/Guardian
printed name |
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Parent/Guardian
signature* |
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Date |
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Parent/Guardian
signature* |
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Date |
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*
Both parents and/or guardians, if available, should sign. |
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LaSalle/Putnam
County Educational
Written orders from parent(s)/guardian(s) to forgo life-sustaining treatment for their child or ward must be signed by the child’s physician and given to the Building Principal or Director. This policy shall be interpreted in accordance with the Illinois Health Care Surrogate Act (755 ILCS 40/1 et seq.).
Whenever an order to forgo life-sustaining treatment is
received, the Director shall convene a multi-disciplinary team that includes
the child’s parent(s)/guardian(s) and physician, as well as school personnel
designated by the Director. The team shall determine specific
interventions to be used by school staff members in the event the child suffers
a life-threatening episode at school or a school event. The
.
LEGAL REF.: 755 ILCS 40/1 et
seq.
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990).
In re:
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A student with or carrying a communicable and/or chronic infectious
disease has all rights, privileges, and services provided by law and the
The L.E.A.S.E. Executive Committee accepts its responsibility to manage and control the school environment so that it is free from communicable and chronic infectious diseases for both employees and students.
The L.E.A.S.E. Executive Committee also recognizes and affirms the rights of students to attend school in a regular school setting. In trying to legally balance the rights of all concerned, the Executive Committee of L.E.A.S.E. shall establish procedures which will promote and ensure appropriate student health standards consistent with all State and Federal statutes, including the confidentiality of records and the right to privacy.
LEGAL REF.: 105 ILCS 5/10-21.11.
410 ILCS 315/2a.
77 Ill. Admin Code 690.100 et seq.
Individuals With Disabilities Education Act, 20 U.S.C. § 1400 et seq.
Rehabilitation Act, Section 504, 29 U.S.C. § 794(a).
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A student with a communicable or infectious disease shall be treated as a “handicapped person” under Section 504 of the Rehabilitation Act of 1973, unless the student has an IEP under the Individuals with Disabilities in Education Act. For those students with an IEP, the District’s Administrative Procedure, 6:120-AP, Special Education Procedures Assuring the Implementation of Comprehensive Programming for Children with Disabilities, must also be followed and they will control whenever there is a conflict with these procedures.
Rules and guidance from the ISBE and Illinois Department of Public Health should be consulted and supersede these procedures (see “Management of Chronic Infectious Diseases in Schoolchildren,” revised 2003 by the ISBE and IDPH, http://www.isbe.net/spec-ed/PDF/chronicinfectiousdiseases2003.pdf and “Communicable Disease Guide” revised 2002, IDPH.
Managing Students with Communicable or Infectious Diseases
|
Actor |
Action |
|
Parents/Guardians |
Notifies the Building Principal where their child is enrolled if their child has a communicative or infectious disease. A communicative or infectious disease includes Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC), and Human Immunodeficiency Virus (HIV). See Exhibit 7:280-E2, Reporting and Exclusion Requirements for Common Communicable Diseases, for a list of communicative or infectious diseases. |
|
Department of Public Health or Local Health Authority |
Gives prompt (within 3 working days) and confidential notice of a child’s identity to the Building Principal of the school in which the child is enrolled whenever a child is reported as having AIDS or AIDS-related complex (ARC) or as having been exposed to Human Immune Deficiency Virus (HIV) (410 ILCS 315/2a; 77 Ill.Admin.Code §697.400). |
Building Principal or designee |
Upon having knowledge of a known or suspected case or carrier of a communicable disease: a.
Notifies the local health authority as
required by the “Communicable Disease Guide 2002,” published by the Illinois
Department of Public Health (77 Ill.Admin.Code
§690.200). See also Exhibit 7:280-E2, Reporting and Exclusion Requirements
for Common Communicable Diseases, identifying the diseases for which
there is mandatory reporting. b. Notifies the Superintendent. May, as necessary, disclose the infected child’s identity to the school nurse, the applicable classroom teachers, and those persons who, by federal or State law, are required to decide the placement or educational program of the child (410 ILCS 315/2a). c. Notifies others, as necessary, provided the child's identity is not revealed (410 ILCS 315/2a). d. Temporarily excludes a student from school attendance according to the “Communicable Diseases Guide 2002” published by the Illinois Department of Public Health. The Guide mandates exclusions for certain diseases and may require exclusion for others depending on the circumstances. Keeps the school open where a student with a communicable disease attended, except in the event of an emergency (77 Ill.Admin.Code §690.1000). |
District staff |
Observes all rules of the Illinois Department of Public Health regarding communicable and chronic infectious disease. See the Legal References for a list of these rules. Collects and maintains the student's medical information in a manner that ensures the strictest confidentiality and in accordance with federal and State laws regarding student records. |
Superintendent or designee |
Confirms that all required and appropriate notices are made. Convenes the Communicable and Chronic Infectious Disease Review Team. This Superintendent committee is composed of the District’s medical advisor, a school nurse, the Building Principal, and the Superintendent or designee (see 2:150-AP, Superintendent Committees). |
Communicable and Chronic Infectious Disease Review Team |
Arranges a meeting with the student's parent/guardian, personal physician, local health authorities, as well as persons with knowledge of the placement options available. The purpose of the meeting is to: a. Determine when an excluded student will return to school. This determination shall be based on whether the student poses a high risk of transmission of a communicable and chronic infectious disease to other students and staff. A student suspected of being infected with a disease for which isolation is required shall be refused admittance while acute symptoms are present (77 Ill.Admin.Code §690.1000). b. Perform a pre-placement evaluation (34 C.F.R. §104.35). See 7:280-E1, “Placement of School Children with Acquired Immunodeficiency Syndrome (AIDS),” published by the U.S. Dept. of Education Office for Civil Rights. c. Make a placement decision based on the pre-placement evaluation. The placement decision shall include any needed related services (34 C.F.R. §104.35). d. If there is a reason to believe that the student may have a disability requiring special education and related services, the child shall be referred for a special education evaluation. Referrals may also be made, at any time, by any concerned person, including but not limited to School District personnel, the child’s parent(s)/guardian(s), a community service agency employee, a professional having knowledge of a child’s problems, a child, or an ISBE employee. See the District’s “Special Education Procedures Assuring the Implementation of Comprehensive Programming for Children with Disabilities” (23 Ill.Admin.Code §226.110). Reports the results of the meeting to the Superintendent. |
|
Superintendent or designee |
Notifies the student’s parents/guardians when an excluded student can return to school and of the placement decision. If the student will not attend school, every reasonable effort shall be made to provide the student with an adequate alternative education. State regulations and school policy regarding homebound instruction shall apply. |
|
Communicable and Chronic Infectious Disease Review Team |
At least annually while a student has a contagious or infectious disease, arranges a meeting with the student’s parent/guardian, personal physician, local health authorities, as well as persons with knowledge of the placement options available, to review the student’s education placement and the provision of related services. |
Managing a Student with a Communicable or Infectious Disease Who Demonstrates Behavior that Could Result In Infecting Other Students or Staff Members
|
Actor |
Action |
|
Parents/Guardians or any staff member |
Notifies the Building Principal if a student with a communicable or infectious disease shows a lack of control of bodily secretions, has open sores that cannot be covered, or demonstrates behavior (e.g., biting) that could result in direct inoculation of potentially infected body fluids into the bloodstream. |
|
Building Principal |
Immediately notifies the Superintendent of the above. |
|
Superintendent or designee |
Upon being notified that a student is demonstrating behavior that could spread his or her disease, convenes the Communicable and Chronic Infectious Disease Review Team. If appropriate, notifies parents of students of possible exposure if their student may have been exposed to a communicable or infectious disease due to behaviors exhibited by a student having such a disease. |
Communicable and Chronic Infectious Disease Review Team |
Arranges a meeting with the student’s parent/guardian, personal physician, local health authorities, as well as persons with knowledge of the placement options available. The purpose of this meeting is to: a. Determine whether the student’s temporary removal from the classroom is appropriate because the student poses a high risk of transmitting a communicable and chronic infectious disease or whether another response exists to reduce the risk of transmission. A student suspected of being infected with a disease for which isolation is required shall be refused admittance while acute symptoms are present (77 Ill.Admin.Code §690.1000). b. Perform a pre-placement evaluation if the student will continue to attend school (34 C.F.R. §104.35). c. Make a placement decision based on the pre-placement evaluation. The placement decision shall include any needed related services (34 C.F.R. §104.35). If the student will continue to attend school, determine the student’s appropriate educational placement. The team shall also determine if the student needs related services or placement outside the regular classroom. Reports the meeting’s results to the Superintendent. |
|
Superintendent or Designee |
Notifies the student’s parent(s)/guardian(s) whether the student will attend school. If the student will not attend school or participate in school activities with other students, every reasonable effort shall be made to provide the student with an adequate alternative education; however, an individual student’s IEP will control. State regulations and school policy regarding homebound instruction apply. |
|
Communicable and Chronic Infectious Disease Review Team |
At least once a month while a student is removed from normal school attendance, arranges a meeting with the student’s parent/guardian, personal physician, local health authorities, as well as persons with knowledge of the placement options available, to review the removal and to determine whether the condition precipitating the removal has changed. |
General Post-Evaluation Procedures
|
Actor |
Action |
|
Parents/Guardians |
May appeal their child’s exclusion from school or educational placement to the School Board within 10 days of being notified of the action. |
|
Parents/Guardians |
When their child returns to school after an absence due to a communicable and chronic infectious disease, present a certificate from a physician licensed in Illinois stating that the child qualifies for re-admission to school under the rules of the Illinois Department of Public Health that regulate periods of incubation, communicability, quarantine, and reporting. |
Effect on
Other Staff or Students
A student with a communicable disease determined by this policy and proce3dure to be able to continue attendance at school is not considered a significant risk to others.
Therefore, any expense associated with precautionary or preventative measures such as medication or any type of medical treatment that is felt necessary by students or staff in order to lessen their chance of contracting any disease will be the sole responsibility of the individual seeking such medication or treatment.
It will be within the discretion of the C.B.S. Principal to advise, as he deems appropriate, and as the law allows, any staff or students of an identified contagious condition within the school.
Appeal Process
A decision on a student’s placement or individualized educational program may be appealed in accordance with The School Code and the Illinois Administrative Code.
The
LEGAL REF.: 105 ILCS
5/10-21.11 and 5/34-18.13.
410 ILCS
315/0.01 et seq.
105 ILCS
10/1 et seq.
23 Ill.Admin.Code §226.
77 Ill.Admin.Code §§665, 690, 693, 694, 695, 696, and 697.
“Communicable Disease Guide” (
34 C.F.R. §104.34 and 104.35.
Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. §701 et seq.
CROSS REF.: 2:150 (Committees), 5:40 (Communicable and Chronic Infectious Disease)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
The following are excerpts from, “Placement of School Children with Acquired Immune Deficiency Syndrome (AIDS),” U.S. Department of Education, Office for Civil Rights:
www.ed.gov/about/offices/list/ocr/docs/hq53e9.html.
OCR Policy on the School Placement of Children with AIDS
Children with AIDS are handicapped persons. Section 504 prohibits discrimination against persons with handicaps in federally assisted programs such as elementary and secondary schools.***
Where Should Children with AIDS Be Educated
Most children with AIDS can attend school in the regular classroom without restrictions. There has been no medical evidence disclosed to show that AIDS is contagious in the school setting. According to the latest medical information, there have been no reported cases of the transmission of the AIDS virus in schools. The Surgeon General and other health authorities, such as the Centers for Disease Control and the American Medical Association, have reinforced this position stating that there is no significant risk of contracting AIDS in the classroom.
If a parent or school official believes that a child with AIDS needs related services or placement outside the regular classroom, Section 504 requires an evaluation and placement process to determine the appropriate educational setting for a child with AIDS. However, a full educational evaluation is not required when neither the school officials nor parents believe that a child is in need of special education or related services.
If an evaluation is necessary, Section 504 requires the following procedures. Placement determinations are to be made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options available. The group may include the child’s physician, public health personnel, the child’s parent or guardian, and personnel familiar with all possible educational services. The group would draw upon information from a variety of sources, such as tests, teacher recommendations, and assessments of the child’s physical condition.
In making placement decisions, the information needed by the placement team varies with the handicapping condition. In the case of children with AIDS, the placement group must have the benefit of the latest reliable public health information with regard to the risks that the disease entails. This information would be considered along with information on the child’s medical condition, behavior, and so forth. In each case, risks and benefits to both the infected child and others in the setting should be weighed.
A Child with AIDS Has a Right to Section 504 Procedural Safeguards
Section 504 requires elementary and secondary school Alliances to provide a free appropriate public education for handicapped students that includes evaluation and placement procedures, and a system of procedural safeguards that includes notice to parents or guardians of their rights under the law, an opportunity for the child’s parents or guardians to examine relevant records, an impartial hearing with an opportunity for participation by the parents or guardians and representation by counsel, and a review procedure.
A Child with AIDS Has a Right to Confidentiality
Under Section 504, singling out children handicapped with AIDS for treatment that differs from that provided to nonhandicapped children or children with other handicaps with respect to confidentiality would constitute different treatment on the basis of handicap, and would be a violation of the regulation.
This provision would not affect State and local public health rules regarding the duty of school Alliances to report specified diseases to public health departments. However, when reporting any cases of AIDS to public health authorities, school Alliances should convey such information in a manner that respects the privacy of the individual and the confidential nature of the information, in the same way that information about other diseases is treated.
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:285
School attendance may increase a student’s risk of exposure to allergens that could trigger a food-allergic reaction. A food allergy is an adverse reaction to a food protein. While it is not possible for the Alliance or C.B.S. to completely eliminate the risks of exposure to allergens when a student is at school, a Food Allergy Management Program using a cooperative effort among students’ families, staff members, and students helps the Alliance and C.B.S. reduce these risks and provide accommodations and proper treatment for allergic reactions.
The Director or designee shall develop and implement a Food Allergy Management Program that:
1. Fully implements the following goals established in The School Code: (a) identifying students with food allergies, (b) preventing exposure to known allergens, (c) responding to allergic reactions with prompt recognition of symptoms and treatment, and (d) educating and training all staff about management of students with food allergies, including administration of medication with an auto-injector, and providing an in-service training program for staff who work with students that is conducted by a person with expertise in anaphylactic reactions and management.
2. Follows and references the applicable best practices specific to the Alliance’s needs in the joint State Board of Education and Ill. Dept. of Public Health publication Guidelines for Managing Life-Threatening Food Allergies in Schools, available at:
www.isbe.net/nutrition/pdf/food_allergy_guidelines.pdf.
3. Complies with State and federal law and is in alignment with Executive Committee policies.
LEGAL REF.: 105 ILCS 5/2-3.149 and 5/10-22.39.
Guidelines
for Managing Life-Threatening Food Allergies in Schools (Guidelines),
jointly published by the State Board of Education and Ill. Dept. of Public
Health.
CROSS REF.: 4:110 (Transportation), 4:120 (Food Services), 4:170 (Safety), 5:100 (Staff Development Program), 6:120 (Education of Children with Disabilities), 6:240 (Field Trips), 7:250 (Student Support Services), 7:270 (Administering Medicines to Students), 8:100, (Relations with Other Organizations and Agencies)
ADOPTED: December 9, 2010
LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) 7:285AP1
The following procedure implements policy 7:285, Food Allergy Management Program, which is based upon the joint State Board of Education (ISBE) and Ill. Dept. of Public Health (IDPH) publication, Guidelines for Managing Life-Threatening Food Allergies in Schools (ISBE/IDPH Guidelines), available at: www.isbe.net/nutrition/pdf/food_allergy_guidelines.pdf (105 ILCS 5/2-3.149(b), added by P.A. 96-349 and renumbered by P.A. 96-1000). The Alliance’s Food Allergy Management Program is developed and collectively implemented by the Building Principal, staff, students and their families, and the community.
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Actor |
Action |
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Director or Designee Building Principal or designee |
Establish a Building-wide Food Allergy Management Committee Facilitate Committee review of the Food Allergy Management Plan that incorporates ISBE/IDPH Guidelines for managing Life Threatening Food Allergies in Schools. Recommend, through the Executive Director, any policy/procedural changes necessary to the Policy Guide. Recommend, through the Executive Director, a plan for Executive Committee approval. Educate and train building staff regularly. Staff training should include: · How to recognize symptoms of an allergic reaction · Review of high-risk areas · Steps to take to prevent exposure to allergies · How to administer an epinephrine auto-injector · How to respond to a student with a known allergy as well as a student with previously unknown allergy · Information to increase awareness of bullying and sensitivity to issues that students with food allergies face in the school setting · Provide information to students and their parent(s)/guardian(s) on food allergen management plan and how to better understand allergen prevention. · Monitor the allergen plan by periodically assessing its effectiveness and reporting any necessary changes to the Executive Committee for review. · Have a process in place to: (1) inform all relevant staff members who are responsible for supervising a student with known allergies, and (2) involvement and supervision needed for the students; upon receipt of parental consent to release allergy information. |
LaSalle/Putnam
County Educational
The Cooperative and/or the local member districts will develop
and implement a comprehensive and continuing adolescent suicide awareness and
prevention program. The Cooperative
and/or its member districts will attempt to develop a liaison between the State
or community mental health agency and the
LEGAL REF.: 105 ILCS 5/3-14.8 and 5/27-23.2.
CROSS REF.: 6:60 (Curriculum Content)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
School-Sponsored Publications and Web Sites
School-sponsored publications, productions, and web sites are
part of the curriculum and are not a public forum for general student use.
School authorities may edit or delete material that is inconsistent with the
All school-sponsored communications shall comply with the ethics and rules of responsible journalism. Text that is libelous, obscene, vulgar, lewd, invades the privacy of others, conflicts with the basic educational mission of the school, is socially inappropriate, is inappropriate due to the maturity of the students, or is materially disruptive to the educational process will not be tolerated.
The author’s name will accompany personal opinions and editorial statements. An opportunity for the expression of differing opinions from those published/produced will be provided within the same media.
Non-School
Sponsored Publications and Web Sites Accessed or Distributed At School
Students are prohibited from accessing and/or distributing at school any written or electronic material, including material from the Internet that:
1. Will cause substantial disruption of the proper and orderly operation and discipline of the school or school activities;
2. Violates the rights of others, including but not limited to material that is libelous, invades the privacy of others, or infringes on a copyright;
3. Is socially inappropriate or inappropriate due to maturity level of the students, including but not limited to material that is obscene, pornographic, or pervasively lewd and vulgar, or contains indecent and vulgar language;
4. Is primarily intended for the immediate solicitation of funds; or
5. Is distributed in kindergarten through eighth grade and is primarily prepared by non-students, unless it is being used for school purposes. Nothing herein shall be interpreted to prevent the inclusion of material from outside sources or the citation to such sources as long as the material to be distributed or accessed is primarily prepared by students.
The distribution of non-school-sponsored written material
shall occur at a time and place and in a manner that will not cause disruption,
be coercive, or result in the perception that the distribution or the material
is endorsed by the
Accessing or distributing “at school” includes accessing or distributing on school property or at school-related activities. A student engages in gross disobedience and misconduct and may be disciplined for: (1) accessing or distributing forbidden material, or (2) for writing, creating, or publishing such material intending for it to be accessed or distributed at school.
Student-Created or
Distributed Written or Electronic Material Including Blogs
A student engages in gross disobedience and misconduct and may be disciplined for creating and/or distributing written or electronic material, including Internet material and blogs, that causes substantial disruption to school operations or interferes with the rights of other students or staff members.
LEGAL REF.: Hazelwood v. Kuhlmeier, 108 S.Ct. 562 (1988).
Hedges v.
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 89 S.Ct. 733 (1969).
CROSS REF.: 6:235 (Access to Electronic Networks), 8:25 (Advertising and Distributing Materials in School Provided by Non-School Related Entities)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
A student or group of students seeking to distribute more than 10 copies of the same written material on one or more days to students must comply with the following guidelines:
1. The student(s) must notify the Building Principal of the intent to distribute, in writing, at least 24 hours before distributing the material. No prior approval of the material is required.
2. The material may be distributed at times and locations selected by the Building Principal, such as, before the beginning or ending of classes at a central location inside the building.
3. The Building Principal may impose additional requirements whenever necessary to prevent disruption, congestion, or the perception that the material is school-endorsed.
4. Distribution must be done in an orderly and peaceful manner, and may not be coercive.
5. The distribution must be conducted in a manner that does not cause additional work for school personnel. Students who distribute material are responsible for cleaning up any materials thrown on school grounds.
6. Students must not distribute written material that:
a. Will cause substantial disruption of the proper and orderly operation and discipline of the school or school activities;
b. Violates the rights of others, including but not limited to, material that is libelous, invades the privacy of others, or infringes on a copyright;
c. Is socially inappropriate or inappropriate due to the students’ maturity level, including but not limited to, material that is obscene, pornographic, or pervasively lewd and vulgar, or contains indecent and vulgar language;
d. Is primarily intended for the immediate solicitation of funds; or
e. Is primarily prepared by non-students and distributed in elementary and/or middle schools.
12. A student may use Board policy 2:260, Uniform Grievance Procedure, to resolve a complaint.
13. Whenever these guidelines require written notification, the appropriate administrator may assist the student in preparing such notification.
A student or group of students seeking to distribute 10 or fewer copies of the same written material on one or more days to students must distribute such material at times and places and in a manner that will not cause substantial disruption of the proper and orderly operation and discipline of the school or school activities and in compliance with paragraphs 4, 5, 6, and 7.
LEGAL REF.: Hazelwood v. Kuhlmeier, 108 S.Ct. 562 (1988).
Hedges v.
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
[For high school and
unit Alliances]
Student groups or clubs that are not school sponsored are granted free use of school premises for a meeting or series of meetings under the following conditions:
1. The meeting is held during those noninstructional times identified by the Director or designee for noncurricular student groups, clubs, or organizations to meet. “Noninstructional time” means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends. “Noncurricular student groups” are those student groups, clubs, or organizations that do not directly relate to the curriculum.
2. All
noncurriculum related
student groups that are not
3. The meeting is student-initiated, meaning that the request is made by a student.
4. Attendance at the meeting is voluntary.
5. The school will not sponsor the meeting.
6. School employees are present at religious meetings only in a non-participatory capacity.
7. The meeting and/or any activities during the meeting do not materially or substantially interfere with the orderly conduct of educational activities.
8. Non-school persons do not direct, conduct, control, or regularly attend the meetings.
9. The school retains its authority to maintain order and discipline.
10. A school staff member or other responsible adult is present in a supervisory capacity.
11. The Director or designee approves the meeting or series of meetings.
The Director or designee shall develop administrative procedures to implement this policy.
LEGAL REF.: Equal Access Act, 20 U.S.C. §4071 et seq.
Board
of Education of Westside Community School Dist. v. Mergens,
496
Gernetzke v. Kenosha Unified School Dist. No. 1, 274 F.3d 464 (7th Cir. 2001), cert. denied, 122 S.Ct. 1606.
CROSS REF.: 7:10 (Equal Education Opportunities), 8:20 (Use of School Facilities)
ADOPTED: September 11, 2008
LaSalle/Putnam
County Educational
[For high school and unit Alliances]
A student must complete this form to request the free use of school premises for a meeting of a student group that is not school sponsored. Only one student needs to complete the application. The completed application should be submitted to the Building Principal at least one week before the first meeting. When a copy of this form is returned to the student with the necessary approval signature, the group may use the designated school premises, at the identified time, for its meetings.
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Student applicant |
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Student contact number |
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Student group |
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Requested premise |
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Program/Meeting |
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Program/Activity date(s) and time(s) |
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Materials to be brought into facility, if
any |
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The
following rules apply to the free use of school premises by non-school
sponsored student groups: 1. The meeting(s) must be
student-initiated, meaning that a request to use school premises is being
made by a student. 2. The meeting(s) must occur
during non-instructional time identified by the Director. This time is typically before classroom
instruction begins or after it ends. 3. In scheduling the use of
school premises, activities associated with the 4. The assigned room and its
contents must be restored to its original condition and configuration after
each use. Only modular furniture may
be moved. Nothing shall be adhered or
affixed to walls that will leave marks. Any decorations used shall be removed
after the meeting. The contents of any
assigned room are the property of the School Alliance or teacher and shall
not be handled or removed. 5. Before any meeting, a
member of the non-school sponsored student group must give the office the names
of anyone attending the meeting who is neither a student nor a school staff
member. All visitors must register at
the school office before proceeding to any scheduled student meeting. Non-school individuals may not regularly
attend meetings. 6. The following mediums are
available on request to announce group meetings: ·
Office bulletin board containing announcements ·
Public address system ·
Student newspaper ·
School or Alliance Website 7. No activity is allowed on school
grounds that would violate the student disciplinary policy. Any student who engages in misconduct is
subject to disciplinary action, including suspension and expulsion. 8. A school staff member or
other responsible adult must be present in a supervisory capacity. 9. The Equal Access Act, 20
U.S.C. §4071 et seq., controls the free use of school premises
by non-school sponsored student groups.
The use of school facilities by non-school sponsored groups is
governed by Board policy 8:20, Community
Use of School Facilities. |
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I agree to
abide by the conditions stated in this application and to adhere to all Board
policies and administrative procedures.
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applicant signature |
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Note to office: after the Building Principal acts on
this application, return a copy of it to the student making the request and
keep the original in the office.
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Approved Denied This non-school sponsored student group may meet in the
following location at the identified times: Location: Time: |
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Building
Principal or designee |
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LaSalle/Putnam
County Educational
School student records are confidential and information from them shall not be released other than as provided by law. Any record that contains personally identifiable information or other information that would link the document to an individual student is a school student record if maintained by the Alliance, except: (1) records that are kept in the sole possession of a school staff member, are destroyed not later than the student’s graduation or permanent withdrawal, and are not accessible or revealed to any other person except a temporary substitute teacher, and (2) records kept by law enforcement officials working in the school.
State and federal law grants students and parents/guardians
certain rights, including the right to inspect, copy, and challenge school
records. The information contained in
school student records shall be kept current, accurate, clear, and
relevant. All information maintained
concerning a student receiving special education services shall be directly
related to the provision of services to that child. The
The Director shall implement this policy with administrative procedures. The Director shall also designate a records custodian who shall maintain student records. The Director or designee shall inform staff members of this policy, and shall inform students and their parents/guardians of it, as well as their rights regarding student school records.
Student Biometric Information Collection
The Director or designee may recommend a student biometric information collection system solely for the purposes of identification and fraud prevention. Such recommendation shall be consistent with budget requirements and in compliance with State law. Biometric information means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans.
Before collecting student biometric information, the District
shall obtain written permission from the person having legal custody or the
student (if over the age of 18). Upon a student’s 18th birthday, the
All collected biometric information shall be stored and
transmitted in a manner that protects it from disclosure.
The Alliance will discontinue use of a student’s biometric information and destroy all collected biometric information within 30 days after: (1) the student graduates or withdraws from the Alliance, or (2) the Alliance receives a written request to discontinue use of biometric information from the person having legal custody of the student or the student (if over the age of 18). Requests to discontinue using a student’s biometric information shall be forwarded to the Superintendent or designee.
The Director or designee shall develop procedures to implement this policy consistent with State and federal law.
The L.E.A.S.E. Central Office maintains only a partial temporary record for each student receiving special education services. The temporary record contents are defined in the Illinois School Code.
Local districts within the Cooperative are responsible for maintenance of the complete student temporary record. All information in any student record should reference authorship including job title and date of development. The temporary records kept in the L.E.A.S.E. Office shall be returned to the appropriate, local member district from L.E.A.S.E. per L.E.A.S.E. Administrative Procedure 7:340 AP1. However, this shall not include situations where the information is maintained anonymously for research or planning.
Within L.E.A.S.E., the local school district holds the sole official, complete special education student temporary record for each resident special education student.
LEGAL REF.: Chicago Tribune Co. v.
Owasso I.S.D. No. I-011 v. Falvo, 122 S.Ct. 934
(2002).
Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; 34 C.F.R. Part 99.
Children’s Privacy Protection and Parental Empowerment Act, 325 ILCS 17/1 et seq.
105 ILCS 5/10-20.21b, 20.37 and 20.40, 5/14-1.01 et
seq. and 10/1 et
seq.
50 ILCS 205/7.
23 Ill.Admin.Code §§226 and 375.
CROSS REF.: 5:100 (Staff Development Program), 5:130 (Responsibilities Concerning Internal Information), 7:15 (Student and Family Privacy Rights)
ADOPTED: September 11, 2008
LaSalle/Putnam County Educational
School
student records are confidential and information from them shall not be
released other than as provided by law.
State and federal law grant students and parent(s)/guardian(s) certain
rights, including the right to inspect, copy, and challenge their or their
child's school records. The information
contained in school student records shall be kept current, accurate, clear and
relevant. All information maintained
concerning a student receiving special education services shall be directly
related to the provision of services to that child. The district may release directory
information as permitted by law, but parent(s)/guardian(s) shall have the right to object to the release of
directory information regarding their child.
L.E.A.S.E. Central Office
Maintenance of Records
The
L.E.A.S.E. Central Office maintains only a partial temporary record for
each student receiving special education services. The temporary record may include one or more
(but rarely all) of the following:
social developmental studies;
school psychological reports;
disciplinary information;
multidisciplinary conference
reports;
individualized education plans;
information pertaining to
release of records;
other
relevant information not required to be in the permanent record.
Local
districts within the Cooperative are responsible for maintenance of the
complete student temporary record. All
information in any student record should reference authorship including job
title and date of development. The
temporary records kept in the L.E.A.S.E. Office shall be returned to the
appropriate, local member district from L.E.A.S.E. per L.E.A.S.E.
Administrative Procedure 11.01P8.
However, this shall not include situations where the information is
maintained anonymously for research or planning.
Within
L.E.A.S.E., the local school district holds the sole official, complete
special education student temporary record for each resident special education
student.
Nothing
contained in this policy shall make available to a parent or student
confidential letters and statements of recommendation furnished in connection
with applications for employment, application for admission to a post-secondary
educational institution, or receipt of an honor or honorary recognition,
provided such letters and statements are not used for purposes other than those
for which they were specifically intended, and
1.
were
placed in a school student record prior to January 1, 1975; or
2.
the student has waived access
thereto after being advised of his rights to obtain upon request the names of
all such persons making such confidential recommendations.
Definitions
A.
"Authorized
Person" means a parent or any person specifically designated in writing as
a representative by a parent shall have the right to inspect and copy all
school student "permanent" and "temporary" records of that
parent's child, provided that that parent's child has not attained the age of
eighteen (18) years, graduated from secondary school, become married or entered
into military service, whichever occurs first.
A student who has not attained the age of eighteen (18) years shall have
the right to inspect and copy only his or her school student
"permanent" record.
B.
"Student
Permanent Records" means the minimum personal information necessary to a
school in the education of the student and contained in a school student
record. Such information includes:
1.
students'
and parents' names and addresses, date of birth, place of birth, and gender;
2.
grades,
class rank, graduation date, grade level achieved, and scores on college
entrance exams;
3.
attendance
records;
4.
accident
reports and health record;
5.
honors
and awards received;
6.
information
regarding participation in school sponsored activities; and
7.
record or release of
student permanent record information.
C. "Student Temporary Record"
means all information contained in a school student record but not required to
be in the student permanent record. Such
information includes:
1.
family
background information;
2.
intelligence
and aptitude test scores;
3.
psychological
evaluation reports and intelligence and personality tests;
4.
elementary
and secondary achievement level test results;
5.
participation
in extracurricular activities including any offices held in school sponsored
clubs or organizations;
6.
honors
and awards received;
7.
teacher
anecdotal records;
8.
disciplinary
information, including information regarding serious disciplinary infractions
involving drugs, weapons, or bodily harm to another that resulted in expulsion,
suspension or the imposition of punishment or sanction;
9.
special
education files;
10.
verified
reports from non-educational persons, agencies, or organizations;
11.
other
verified information of clear relevance to the education of the student; and
12.
record of release of
student temporary record information.
D. "Directory
Information" includes:
1.
identifying
information: names, addresses, gender,
grade level, date of birth, and place of birth;
2.
academic
awards, degrees, and honors;
3.
information
regarding participation in school-sponsored activities;
4.
major
field of study; and
5.
period of attendance
in school.
E. "Student"
means any person enrolled or previously enrolled in a school.
F.
"Parent"
means a person who is the natural parent of the student, or other adult who has
the primary responsibility for the care and upbringing of the student. All rights and privileges accorded to a
person under this policy shall become exclusively those of the student upon his
or her eighteenth (18) birthday, graduation from secondary school, marriage, or
entry into military service, whichever occurs first. Such rights and privileges may also be
exercised by the student at any time with respect to the student's permanent
school record.
Notification
A.
Upon
the initial enrollment or transfer of a student, the principal of the student's
resident school shall notify the student and the student's parents of their
rights of access to the student's records.
B.
This
notification may be delivered by any means likely to reach the parents,
including direct mail, parent/teacher conferences, delivery by the student to
their parent, or incorporated in a "parent/student" handbook, or
other informational brochure for students and parents disseminated by the
school.
C.
Such
notification shall consist of:
1.
the
types of information contained in the permanent and temporary records;
2.
the
right to inspect and copy permanent and temporary records, and the cost of
copying such records;
3.
the
right to control access and release of school records and the right to request
a copy of information released;
4.
the
rights and procedures for challenging the contents of the school student
record;
5.
the
persons, agencies or organizations having access to student records without
parental consent';
6.
the
right to copy any school record or information contained therein proposed to be
destroyed or deleted, and the school's schedule for reviewing and destroying
such information;
7.
the
categories of information the school has designated as "directory
information" and the right of the parents to prohibit the release of such
information;
8.
a
statement informing the parents that no person may condition the granting or
withholding of any right, privilege, or benefits or make as a condition of
employment, credit, or insurance the securing by any individual of any
information from a student's temporary record which such individual may obtain
through the exercise of any right secured under law or this policy.
9.
the right of the
parents to inspect and challenge the information contained in a school student
record prior to the transfer of the record to another school district, in the
event of transfer of the student to that district.
D.
The
principal of each school shall assure that school personnel are informed of the
provisions of this policy.
Procedures Governing Access to
Student Records
A.
Each
building principal is the official records custodian for students attending
his/her school and is responsible for the maintenance, care, and security of
all school student records, including special education records and records of
former students, whether or not such records are in his/her personal custody
and control. The L.E.A.S.E. Central
Office records custodian will be the Director or someone else so designated by
the Director.
Each records custodian will protect the confidentiality
of any personally identifiable information at the collection, storage,
disclosure and destruction stages and shall:
a. respond to any request for inspection
and review of an education record; including a request for a copy of an
education record;
b. respond to any request for an
explanation or interpretation of an education record;
c. respond to any request to amend an
education record;
d. respond to any request to disclose or
release personally identifiable information;
e. respond to any request to destroy an
education record;
f. keep a record of parties obtaining
access to education records (except access by parents and authorized employees
of the school district), including the name of the party, the date access took
place, and the purpose of the authorized use;
g. maintain, for public inspection, a
current listing of the names and positions of the employees who may have access
to personally identifiable information;
h. provide parents, on request, a list of
the types and locations of education records collected, maintained, or used by
the school district;
i. ensure that the confidentiality of
personally identifiable information at collection, storage, disclosure, and
destruction stages is protected;
B.
All
requests to inspect and copy school student records shall be made in writing,
dated, signed, and submitted to the principal of the building the student
attends or for L.E.A.S.E. to the designated L.E.A.S.E. records custodian. Except for parents and students, all persons
requesting access to information contained in school student records must
provide the school with appropriate identification and a copy of the statute
authorizing such access.
Upon receiving a request from any person
to inspect and review an education record, the records custodian shall verify
that the person requesting the opportunity to inspect and review an educational
record is an "authorized person" as defined in the
"Definitions" (letter A) above.
The records custodian shall presume that the parent has authority to
inspect and review records relating to his or her student unless the agency has
been advised that the parent does not have this authority under applicable
State law governing such matters as guardianship, separation and divorce.
For divorced
parents and upon a proper request, records will be provided to either divorced
parent when either of such parents request records unless a court order is
known to exist prohibiting any such release.
C.
A
parent's or student's written request to inspect and copy records, or to allow
a specifically designated representative to inspect and copy records, shall be
granted within a reasonable time, and in no case later than fifteen (15) school
days after the date of receipt of such written request by the principal or the
appropriate L.E.A.S.E. records custodian.
D.
The
school shall charge its reasonable costs for copying of school student records,
not to exceed $.35 per page, to any person permitted to copy such records,
except that no parent or student shall be denied a copy of school student
records as permitted under law and this policy for inability to bear the cost
of such copying.
E.
Whenever
access to any person is granted pursuant to law or this policy, at the option
of either the parent or the school, a qualified professional who may be a
psychologist, Coordinator, counselor or other advisor, and who may be an
employee of the school or employed by the parent, may be present to interpret
the information contained in the student "temporary" record. If the school requires that a professional be
present, the school shall secure and bear any cost of the presence of the
professional. If the parent so requests,
the school shall secure and bear any cost of the presence of a professional
employed by the school.
F.
The
records custodian shall ensure that an authorized person who requests an
explanation or interpretation of any information contained in an education
record receives an appropriate explanation or interpretation with the following
stipulations.
a. for an authorized person who is deaf,
an appropriate explanation or interpretation of the information contained in
the education record must be provided in writing.
b. for an authorized person who cannot be
physically present at a meeting held by the school district to explain or
interpret, an appropriate explanation or interpretation must be provided either
telephonically or in writing.
c.
for an authorized person for whom
English is not the primary language, an appropriate explanation or
interpretation of the information contained in the education record must be
provided in the primary language of the person.
G.
Any
inspection or copying of school student records by a parent, student or
specifically designated representative shall take place only on days school is
in session between the hours of 9:00 a.m. and 3:00 p.m., or at such other time
as agreed to by the Superintendent or Director of Special Education and the
person(s) requesting such inspection and/or copying.
H.
Parents
shall have the right to challenge the accuracy, relevance, or propriety of any
entry in the school student records of child, exclusive of academic grades and
references to expulsions or out-of-school suspensions, if the challenge is made
at the time the student's school student records are forwarded to another
school to which the student is transferring.
Such challenges shall be governed by procedures prescribed in this
policy. Parents shall also have the
right to insert in their child's school student record a statement of
reasonable length setting forth their position on any disputed information
contained in that record. The school
shall include a copy of such statement in any subsequent dissemination of the information
in dispute.
I. In the event that a written request
for access to public records is denied, in whole or in part, the education
agency administration shall provide the requester with a written denial and
notice of the right to appeal in accordance with the statutes and the local education
agency administrative procedures for disclosure of public records.
Compilation, Maintenance, Care
and Security of School Student Records
A.
No
information may be contained in or added to a school student record unless it
is of clear relevance to the education of the student.
B.
Information
added to a student's "temporary" record must include the name,
signature, and position of the person who has added the information as well as
the date of its entry.
C.
Student
"permanent" records must be maintained for not less than sixty (60)
years after the student has transferred, graduated, or otherwise permanently
withdrawn from school.
D.
Students'
"temporary" records and the information contained therein must be
maintained for at least five (5) years after the student has transferred,
graduated, or otherwise permanently withdrawn from school. Anonymous information from the students'
"temporary" records may be maintained indefinitely for authorized
research, statistical reporting or planning purposes so long as no student or
parent can be individually identified from the data or information maintained.
E.
The
principal of each school will be responsible for reviewing each student's
"temporary" record every four years or upon a student's change in
attendance centers, whichever occurs first, for verification of entries and
elimination or correction of all out-of-date, inaccurate, misleading,
unnecessary, or irrelevant data or information.
F.
Before
any school student record is destroyed or information deleted therefrom, the parents shall be given fifteen (15) days
notice of such intent and a statement of their opportunity to copy the record
and information.
The Illinois School Code
indicates that each local district should document its attempt/s to notify the
parents of their right to copy student temporary record information before it
is discarded. The written notice shall
describe the personally identifiable information which the school district
intends to destroy and shall inform the parents that the information will be destroyed
no earlier than sixty (60) days from the date of the notice. The notice shall also outline the procedure
which the parents may follow if they wish to formally object to the destruction
of the records in question. A sample
form for this is attached (see ISBE 86-38).
Whether or not you use this form, it is
recommended that you indefinitely retain a copy of your documented attempt/s to
make parent notification in case a parent or student should later request a
copy of a temporary student record that has been destroyed. These requests are sometimes made.
G.
Upon
graduation, transfer, or permanent withdrawal of a student from a school, the
school shall notify the parents and the student of the destruction schedule for
the student "permanent" and "temporary" records, and of
their right to request a copy of such records at any time prior to their
destruction. Notification must consist
of the following: the date of notification;
parent's name(s); name of the Superintendent' name of the student' and the schedule
of the destruction date of "temporary" and "permanent"
records.
Release
of School Student Records to Other than a Parent, Student, or Designated
Representative of a Parent
A.
Consent:
Except as hereafter provided, no school student records or information
contained therein may be released, transferred, disclosed, or otherwise
disseminated without the prior specific dated written consent of the parent
designating to whom the records may be released. At the time any such consent is requested or
obtained, the parent shall be advised in writing that he/she has the right to
inspect and copy such records and challenge their contents in accordance with
the procedures prescribed by law and this policy.
B.
Officials:
School student records or information contained therein may be released
to persons authorized or required by State or federal law to gain such access
including the official records custodian of another school in which the student
has enrolled, or intends to enroll, upon the request of such official in
accordance with this policy. The parents
must receive prior written notice of the nature and substance of the
information proposed to be released, and given an opportunity to inspect and
copy such records and challenge their contents in accordance with the
procedures prescribed by law and this policy.
C.
Juvenile Authorities: School student records or information
contained therein may be released to juvenile authorities when necessary for
the discharge of their official duties who request information prior to the
adjudication of the student and who certify in writing that the information
will not be disclosed to any other party except as provided under law or court
order. "Juvenile authorities"
means: (1) a judge of the circuit court and members of the staff of the court
designated by the judge; (2) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (3) probation officers and court
appointed advocates for the juvenile authorized by the judge hearing the case;
(4) any individual, public or private agency having custody of the child
pursuant to court order; (5) any individual, public or private agency providing
education, medical or mental health service to the child when the requested
information is needed to determine the appropriate service or treatment for the
minor; (6) any potential placement provider when such release is authorized by
the court for the limited purpose of determining the appropriateness of the
potential placement; (7) law enforcement officers and prosecutors; (8) adult
and juvenile prisoner review boards; (9) authorized military personnel; and
(10) individuals authorized by court.
D.
Court Orders:
School student records or information contained therein may be released pursuant
to a court order, provided that the parent shall be given prompt written notice
upon receipt of such order of the terms of the order, the nature and substance
of the information proposed to be released in compliance with such order, their
opportunity to inspect and copy the school student records, and to challenge
their contents in accordance with the procedures prescribed by law and this
policy.
E.
Emergency:
School student records or information may be released without parental
consent to appropriate persons in connection with an emergency, if the
knowledge of such information is necessary to protect the health or safety of
the student or other persons, provided that the parents are notified as soon as
possible of: the information released;
the date of release; the person, agency, or organization who received the
information, and the purpose of the release.
F.
No Notice or Consent: School student records or information
contained therein may be released without parental consent or notification if
such information is "directory" information and parents have not
requested that any or all such information not be released. Prior to the release of "directory"
information, districts shall notify affected parents in writing. The notification must include the
following: the date of notification; the
parents' names; the name of the student; the "directory" information
to be released; and the scheduled date of release. The district may provide this notification in
the manner specified by law and this policy.
Record
of Release of School Student Records
A record of any release of school
student records or information shall be made and kept as part of the school
student record. Such record of release
shall be available only to the parent and the Superintendent. Each record of release shall also include:
A.
the
nature and substance of the records or information released;
B.
the
name and signature of the Superintendent/Director releasing such records or
information;
C.
the
name of the person requesting such records or information, the capacity in
which such a request has been made, and the purpose of such request;
D.
the
date of the release; and
E.
a copy of any consent to such
release.
Challenge
Procedures
A.
Parents
shall have the right to challenge the accuracy, relevance or propriety of any
entry in the school student records, exclusive of academic grades and
references to expulsions or out-of-school suspensions.
B.
Requests
for a hearing to challenge school student records must be submitted in writing
and shall contain notice of the specific entry or entries to be challenged and
the basis of the challenge.
C.
Within
fifteen (15) school days from receipt of the request for a hearing, an initial
informal conference shall be held, between the parents and a school district
representative appointed by the Superintendent to attempt to resolve the
challenge.
D.
If
the challenge is not disposed of at the informal conference, the school
district shall appoint a hearing officer to conduct a hearing on the
challenge. The hearing officer shall not
be employed in the attendance center in which the student is enrolled.
E.
The
hearing shall be held no later than fifteen (15) days after the informal
conference except by agreement of all interested parties. The hearing officer shall notify parents and
school officials of the time and place of the hearing.
F.
At
the hearing each party shall have:
1.
the
right to present evidence and to call witnesses;
2.
the
right to cross-examine witnesses;
3.
the
right to counsel; and
4.
the right to a written statement of
any decision and the reasons therefore.
G.
A
verbatim record of the hearing shall be made by a tape recorder or a court
reporter. A typewritten transcript may
be prepared by either party in the event of an appeal of the hearing officer's
decision. However, a typewritten
transcript is not required in an appeal.
H.
The
written decision of the hearing officer and the reasons therefore shall be
rendered no later than ten (10) school days after the conclusion of the
hearing, and shall be transmitted immediately to the parents and school
district. It shall be based solely on
the information presented at the hearing and shall be one of the following:
1.
To
retain the challenged contents of the student record;
2.
To
remove the challenged contents of the student record;
3.
To
change, clarify or add to the challenged contents of the student record.
I.
Any
party shall have the right to appeal the decision of the hearing officer to the
Superintendent of the Regional Office of Education (ROE) within twenty (20)
school days after such decision is transmitted.
If the parent appeals, the parent shall so inform the school and within
ten (10) school days the school shall forward a transcript of the hearing, a
copy of the record entry in question, and any other pertinent information to
the ROE Superintendent. The school may
initiate an appeal on its own behalf by the same procedures. Upon receipt of such documents, the ROE
Superintendent shall examine the documents and record to determine whether the
school's proposed action in regard to the student's record is in compliance
with the Act, make findings and issue a written decision to the parents and the
school within twenty (20) school days of the receipt of the appeal documents. If the subject of the appeal involved the
accuracy, relevance or propriety of any entry in special education records, the
ROE Superintendent should seek advice from special education personnel:
1.
who
were not authors of the entry, and
2.
whose special education
skills are relevant to the subject(s) of the entry in question.
J.
The
school shall be responsible for implementing the decision of the ROE
Superintendent.
LEG.
REF.:
34 CFR 300.221;
State Board of Education Regulations on Student Records 20 U.S.C. 1232 g.
23
CROSS
REF.:
ADOPTED: September 11, 2009
LaSalle/Putnam County Educational
A.
Confidentiality
1. The school student records of a child
with disabilities shall be maintained confidentially in accordance with the
requirements of the Individuals with Disabilities Education Act, the Family
Educational Rights and Privacy Act, The Illinois School Student Records Act,
the Illinois School Code, the Illinois Mental Health and Developmental
Disabilities Confidentiality Act, and their respective implementing
regulations.
2. The
3.
The
Records Custodian shall assume responsibility for the following:
a.
Respond
to any request for inspection and review of school student records, including a
request for a copy of school student records;
b.
Respond to any
request for an explanation or interpretation of a school student record;
c.
Respond
to any request to amend or destroy a school student record;
d.
Respond
to any request to disclose or release personally identifiable information
and/or school student records;
e.
Keep
a record of parties obtaining access to school student records including the
name of the party, the date access took place, and the purpose of the
authorized use;
f.
Maintain,
for public inspection, a current listing of the names and positions of the
employees who may have access to personally identifiable information;
g.
Provide
upon request from the parent(s)/guardian(s) or the child at the age of
majority, a list of the types and locations of school student records
collected, maintained, or used by the
h.
Take
all reasonable measures to protect the confidentiality of personally
identifiable information at collection, storage, disclosure, and destruction
stages of maintenance of school student records.
4.
The
school principal, person with like duties, or principal’s designee, shall take
all action necessary to assure that each person collecting or using personally
identifiable information receives training or instruction regarding the
policies and procedures governing confidentiality of personally identifiable
information.
5.
The
School District will notify the parent(s)/guardian(s) or the child with
disabilities at the age of majority of the right to access the school student
records, to request amendments and to request a records hearing:
a. The school will notify annually the child and the student's
parent(s) if the child is under the age of majority, of their rights under the
federal and State law with respect to access including, but not limited to, the
following:
(1) The
types and location of information contained in the permanent and temporary
school student records;
(2) The
right to inspect and copy permanent and temporary school student records and
the cost of copying such records;
(3) The
right to control access to and release of school student records and the right
to request a copy of information released;
(4) The
rights and procedures for challenging the contents of school student records
that maybe inaccurate, misleading or improper;
(5) The
persons, agencies or organizations having access to the school student records
without parental consent;
(6) The
right to copy any school student record or information contained therein which
is proposed to be destroyed or deleted and the school's schedule for reviewing
and destroying such information;
(7) The
categories of information the school has designated as "directory
information" and the right of the parent(s)/guardian(s) to prohibit the
release of such information.
b.
Notice will be delivered by the means most likely to reach the
parent(s)/guardian(s) or the child at the age of majority, including direct
mail, parent-teacher conferences, delivery by the child to the parent, or
incorporated in a "parent-student" handbook or other informational
brochure for children and parent(s)/guardian(s) disseminated by the school.
B.
Type of Records
Subject to Disclosure
1. School student records available for
review by parent(s)/guardian(s) or authorized persons are those writings or other
recorded information concerning a child and by which a child may be
individually identified, maintained by a school or at its direction or by an
employee of a school, regardless of how or where the information is stored. The following are not school student records
and are not subject to disclosure.
Writings or other recorded information maintained by an employee of the
School District or other person at the direction of the School District for
his/her exclusive use, provided that all such writings and other recorded
information are destroyed not later than the student’s graduation or permanent
withdrawal from the school, and provided further that no such records or
recorded information may be released or disclosed to any person except a person
designated by the school as a substitute unless they are first incorporated in
a school student record and made subject to all of the provisions of federal
and State law.
2. School student records do not include
information maintained by law enforcement professionals working in the school.
C.
Inspection and
Review of School Student Records
1.
The
2.
The
Records Custodian shall respond to and grant any written request to inspect and
to copy school student records to a parent(s)/guardian(s) or authorized
representative within 15 school days after the date of receipt of such written
request by the Records Custodian.
3.
If
requested by an authorized person, the Records Custodian shall provide a copy
of the school student record if he/she determines that the
parent(s)/guardian(s) will be effectively prevented from exercising his/her
right to inspect and review school student records at the location where such
records are normally maintained (or at any other location where the School
District offers to produce such records). The
D.
Release of
Personally Identifiable Information
1.
The
School District shall obtain written parental consent or consent from the child
at age of majority before permitting personally identifiable information to be
released or used except as otherwise authorized by law.
2.
The
School District may not release, transfer, disclose or otherwise disseminate
information maintained in the school student record, except as follows and as
provided by law:
a.
To
a parent(s)/guardian(s) or child or person specifically designated as a
representative by a parent, or;
b.
To
an employee or official of the school or School District or State Board of
Education with current demonstrable educational or administrative interest in
the student, in furtherance of such interest.
c.
To
the official records custodian of another school within
d.
To
any person for the purpose of research, statistical reporting or planning, provided that no child or parent(s)/guardian(s)
can be identified from the information released and the person. Special to whom
the information is released signs an affidavit agreeing to comply with all
applicable statutes and rules pertaining to school student records.
e.
Pursuant
to a court order, provided that the parent(s)/guardian(s) shall be given prompt
written notice upon receipt of such order of the terms of the order, the nature
and substance of the information proposed to be released in compliance with
such order and an opportunity to inspect and copy the school student records
and to challenge their contents.
f.
To
any person as specifically required by State or federal law.
g.
To
juvenile authorities when necessary for the discharge of their official duties
who request information prior to adjudication of the child and who certify in
writing that the information will not be disclosed to any other party except as
provided under law or order of the court. For purposes of this Section, a
juvenile authority means:
(1)
A
judge of the circuit court and members of the staff of the court designated by
the judge;
(2)
Parties
to the proceedings under the Juvenile Court Act of 1987 and their attorneys;
(3)
Probation
officers and court-appointed advocates for the juvenile authorized by the judge
hearing the case;
(4)
Any
individual, public or private agency having custody of the child pursuant to
court order;
(5)
Any
individual, public or private agency providing education, medical or mental
health service to the child when the requested information is needed to
determine the appropriate service or treatment for the minor;
(6)
Any
potential placement provider when such release is authorized by the court for
the limited purpose of determining the appropriateness of the potential
placement;
(7)
Law
enforcement officers and prosecutors;
(8)
Adult
and juvenile prisoner review boards;
(9)
Authorized
military personnel;
(10)
Individuals
authorized by court.
h.
Subject
to regulations of the State Board, in connection with an emergency, to
appropriate persons if the knowledge of such information is necessary to
protect the health or safety of the child or other persons.
i.
To
any person, with the prior specific-dated written consent of the
parent(s)/guardian(s) designating the person to whom the records may be released,
provided that at the time any such consent is requested or obtained, the
parent(s)/guardian(s) shall be advised in writing that he has the right to
inspect and copy such records, to challenge their contents, and to limit any
such consent to designated records or designated portions of the information
contained therein, as provided by law and as described herein.
E.
Transfer of
Records
1.
The
Good Standing form. “In good standing” means that the student’s
medical records are up-to-date and complete and the child is not being disciplined
by a suspension or expulsion.
a. Prior written notice must be provided to the
parent(s)/guardian(s) regarding the nature and substance of the information
being released/transferred. Prior written parental
consent is required to transfer the student’s school student record to the
receiving public School District if to the extent that
such school student records contain mental health and or developmental
disabilities information protected by the Illinois Mental Health and
Developmental Disabilities Confidentialities Act.
b. The School District shall send the
parent(s)/guardian(s) and the child at age of majority notice that the record
is being forwarded to the new
c. The
d. Upon transfer, graduation or permanent
withdrawal, psychological evaluations, special education files and other
information contained in the student temporary records which may be of
continued assistance to the child may, after 5 years, be transferred to the
custody of the parent(s)/guardian(s) or to the child if the child has succeeded
to the rights of the parent(s)/guardian(s).
The
F.
Amendment of
School Student Records
1.
A
parent(s)/guardian(s) who believes that information in the school student
records is inaccurate or misleading or violates the privacy or other rights of
the student, exclusive of grades of the child and references to expulsions or
out-of-school suspensions, may if the challenge is made at the time the
student’s records are forwarded to another school which the child is
transferring, challenge the specific entry in question.
2.
The
request for a hearing must be submitted in writing and contain notice of the specific
entry or entries to be challenged and the root of the challenge.
3.
The
school principal, or principal’s designee, upon receiving a written request
from a parent(s)/guardian(s), shall hold an informal conference with the
parent(s)/guardian(s) within 15 school days from the date of receipt of the
request. The school principal,
or principal’s designee, will amend or delete information he or she determines
to be inaccurate, irrelevant or improper.
If the school principal, or principal’s
designee, refuses to amend the information, he or she shall inform the
parent(s)/guardian(s) of the refusal and advise the parent(s)/guardian(s) of
his/her right to proceed with a hearing.
4.
If
the dispute is not resolved by the informal conference, formal procedures shall
be initiated:
a.
A
hearing officer, who shall not be employed in the attendance center where the
child is enrolled, shall be appointed by the School District.
b.
The
hearing officer shall conduct a hearing within a reasonable time, but no later
than 15 days after the informal conference, unless the parent(s)/guardian(s)
and school officials agree upon an extension of time. The hearing officer shall
notify the parent(s)/guardian(s) and the school officials of the time and place
of the hearing.
c.
A
verbatim record of the hearing shall be made by a tape recorder or a court
reporter.
5.
The
written decision of the hearing officer shall, no later than10 days after the
conclusion of the hearing, be transmitted to the parent(s)/guardian(s) and the
a.
To
retain the challenged contents of the student record;
b.
To
remove the challenged contents of the student record; or
c.
To
change, clarify or add to the challenged contents of the student record.
6.
Any
party shall have the right to appeal the decision of the local hearing officer
to the Regional Superintendent within 20 school days after such decision is
transmitted. If the parent(s)/guardian(s)
appeals, the parent(s)/guardian(s) shall so inform the school and within 10
school days, the
a.
Who
were not authors of the entry; and
b.
Whose
special education skills are relevant to the subject(s) of the entry in question.
7.
The
8.
If,
as a result of the hearing, it is determined that the information is
inaccurate, misleading or otherwise in violation of the privacy or other rights
of the student, the
9.
If,
as a result of the hearing, it is determined that the information is not
inaccurate, misleading or otherwise in violation of the privacy or other rights
of the student, the School District shall inform the parent(s)/guardian(s) of
his/her right to place in the record a statement commenting on the information
or setting forth any reasons for disagreeing with the decision of the School
District.
10.
The
a. Is maintained by
the School District as part of the record of the child as long as the record or
contested portion is maintained by the
b. Is disclosed by
the
G.
Retention
and Destruction of Records
1.
The
a.
The permanent record shall include:
(1)
Basic identifying information;
(2)
Academic transcripts;
(3)
Attendance record;
(4)
Accident and health reports;
(5)
Scores received on the Prairie State
Achievement Examination;
(6)
Information pertaining to release of
this record;
(7)
Honors and awards, and;
(8)
School-sponsored activities and
athletics.
b.
No
other information shall be placed in the permanent record. The permanent record
shall be maintained for at least 60 years after the child graduated, withdrew,
or transferred.
c.
The temporary record may include:
(1)
Family background;
(2)
Intelligence and aptitude scores;
(3)
Psychological reports;
(4)
Achievement
test results, including scores on the Illinois Standards Achievement Test;
(5)
Participation in extracurricular activities;
(6)
Honors and awards;
(7)
Teacher anecdotal records;
(8)
Disciplinary
information, specifically including information regarding an expulsion,
suspension, or other punishment for misconduct involving drugs, weapons, or
bodily harm to another;
(9)
Special education files;
(10)
Verified
reports or information from non-educational persons, agencies or organizations;
(11)
Other verified information of clear
relevance to the student’s education, and;
(12)
Information pertaining to releases of
the record.
d.
Information in the temporary record will
indicate authorship and date.
e.
The
District will maintain the student's temporary record for at least 5 years
after the child transfers, graduates, or permanently withdraws.
3.
The
LEGAL REF.: 20
U.S.C. §§ 1232g (Family Educational Rights and Privacy Act), 20 U.S.C. §§ 1412
(State eligibility), 1413 (local educational agency eligibility).
34 C.F.R. §§ 300.127,
300.560-576, 300.740.
34 C.F.R. Part 99.
105 ILCS 10/1 et seq.;
740 ILCS 110/1 et seq.; 50
ILCS § 205/1 et seq.
23 Ill. Admin. Code Subpart K and §§ 226.50 (requirements
for FAPE), 226.75 (definitions), 226.220 (factors in development of the IEP),
226.740 (records; confidentiality).
23
CROSS REF.:
ADOPTED: September 11, 2008
LaSalle/Putnam
Educational
LASALLE/PUTNAM COUNTY EDUCATIONAL
PHONE/TDD:
TO: All
District Superintendents/Principals
FROM: Mary
Jane Chapman, Executive Director
RE: Student
temporary records to be returned by the L.E.A.S.E. Office
Your district
school psychologist has received, or soon will be receiving special education
(temporary) student records that belong to your district that we no longer feel
we need to keep at the L.E.A.S.E. Office.
We are returning these records to your district since the district
retains the ultimate responsibility for temporary student records. Of course, and as you know, your district
holds the sole official, complete special education student temporary
record for each resident special education student in your district. Therefore, some of the enclosed records may
be duplicative of records already on file in your district.
Effective
This same section of the Code further
states that before any school student record is destroyed or information
deleted therein, the parent shall be given reasonable prior notice and
opportunity to copy the record and information proposed to be destroyed or
deleted.
Some of the
records we are returning are for students who have moved, graduated or who
are no longer in your district. If
these records are already five years old, after proper notice to parents,
they may be destroyed.
Others of
these returned files, however, are for students who are currently actively
enrolled in your district. THESE
RECORDS MUST BE RETAINED for at least five years after the student has
transferred, graduated or otherwise permanently withdrawn from the school.
All of the accompanying files are being
returned due to one of the reasons (#1 - #7) listed on the next page.
As indicated above, you should continue
to retain these files for at least 5 years after the student transfers,
graduates or otherwise permanently withdraws from your district. Destroy
these records only after at least five years have elapsed
It is important to note that the Illinois
School Code indicates that you should document your attempt/s to notify the
parent of their right to copy this student temporary record information before
it is discarded. A sample news article
for this purpose is attached. Whether or
not you use this suggested article, I would recommend that you retain a copy of
your attempt/s to make parent notification indefinitely in case a parent or
student should later request a copy of a temporary record that has been
destroyed. These requests are
infrequently, but sometimes, made.
If you have any questions in regard to
this procedure, please contact L.E.A.S.E. Records Custodian,
xc: L.E.A.S.E. Central Office Staff
C.B.S.
Principal
LaSalle/Putnam
Educational
When
any student:
1. is staffed
from Preschool to Kindergarten, the L.E.A.S.E. Office will keep the
file 5 years and then return
it to the local district. Mark date on
file to return.
2. is found
eligible for special education, but the parent refuses placement or the student is not placed by
the school, the L.E.A.S.E. Office will keep the file for 5 years and then return it to
the local district. Mark date on file to
return.
3. has ONLY an
audiological in the active file this file will be opened (reopened) with an
orange label. The L.E.A.S.E. Office will
keep this
4. is a 2.6
year old Preschooler that has passed a preschool screening, the file
will be so marked and kept by the L.E.A.S.E. Office for 5 years. If no
further activity results within the 5 year period, the file will be returned to
the local district. Mark date on file
for return. ADDITIONAL NOTE: For
preschoolers screened by the Team and subsequently referred for case study
evaluation - Records will be kept in the main file and a list of these referred
students will be kept at the appropriate Coordinator Secretary's desk for
follow up by the Coordinator after no more than three months have passed from
the date of the referral.
5. dies, the L.E.A.S.E.
Office will return the file immediately to the resident district.
6. graduates
or ages out of special education, the L.E.A.S.E. Office will keep the
file for 1 year before returning to the district.
7. is
staffed from a special education program to a regular education program; moves
out-of-county; drops out - the L.E.A.S.E. Office will keep these
records for 5 years beyond
the last date recorded in the file and then return the file to the local
district. Mark date on file for return.
8. is
found ineligible for special education at an initial staffing, the
L.E.A.S.E. Office will keep the file 5
full school years and then return the file to the local district. Mark date on file for return.
FOR L.E.A.S.E. STAFF USE ONLY:
9. has only a
referral in the file, the referral will be kept in a file tub within a
locked file cabinet until either closure is attained and documented or another
evaluation record is received. As soon
as another student record is received, a file is created. The
appropriate Coordinator is responsible for seeing that closure to the referral
is documented in some manner when no further records are received before
creating a file for filing. Coordinators
are to follow up on any referrals received with no other information as soon as
three months have passed from the date of the referral. The referrals are to be dated accordingly for
follow-up.
Revised 5/19/09
FORMS REF: Consent to Release
Newspaper Notification of Destroying Records
LaSalle/Putnam County
Educational
This notification may be distributed by any means likely to reach the
parents/guardians.
The
The permanent record shall include:
Basic identifying
information, including the student’s name and address, birth date and place,
gender, and the names and addresses of the student’s parent(s)/guardian(s)
Academic transcripts,
including grades, class rank, graduation date, grade level achieved, and scores
on college entrance examinations
Attendance record
Accident and health reports
Record of release of permanent record information in accordance with
105 ILCS 10/6(c)
Scores received on all State assessment tests administered at the high
school level (that is, grades 9 through 12)
The permanent
record may include:
Honors and awards received
School-sponsored activities and athletics
No other information
shall be kept in the permanent record.
The permanent record shall be maintained for at least 60 years after the
student graduated, withdrew, or transferred.
All information not
required to be kept in the student permanent record is kept in the student temporary
record and must include:
A record of release of temporary record information in accordance with
105 ILCS 10/6(c)
Scores received on the
State assessment tests administered in the elementary grade levels (that is,
kindergarten through grade 8)
Information regarding
serious infractions (that is, those involving drugs, weapons, or bodily harm to
another) that resulted in expulsion, suspension, or the imposition of
punishment or sanction
Information provided
under the Abused and Neglected Child Reporting Act (325 ILCS 5/8.6), including
any final finding report received from a Child Protective Service Unit
Completed home language survey
The
temporary record may include:
Family background information
Intelligence test scores, group and individual
Aptitude test scores
Reports of
psychological evaluations, including information on intelligence, personality
and academic information obtained through test administration, observation, or
interviews
Elementary and
secondary achievement level test results
Participation in
extracurricular activities, including any offices held in school-sponsored
clubs or organizations
Honors and awards received
Teacher anecdotal records
Other disciplinary information
Special education
files, including the report of the multidisciplinary staffing on which
placement or nonplacement was based, and all records
and tape recordings relating to special education placement hearings and
appeals
Verified reports or information from non-educational persons, agencies,
or organizations
Verified information of clear relevance to the student’s education
The Family Educational
Rights and Privacy Act (FERPA) and the Illinois Student Records Act afford
parents/guardians and students over 18 years of age (“eligible students”)
certain rights with respect to the student’s education records. They are:
1. The
right to inspect and copy the student’s education records within 15 school days
of the day the District receives a request for access.
The degree of access a student has to his or
her records depends on the student’s age.
Students less than 18 years of age have the right to inspect and copy
only their permanent record. Students 18 years of age or older have access and copy rights to
both permanent and temporary records.
Parents/guardians or students should submit to the Building Principal
(or appropriate school official) a written request that identifies the
record(s) they wish to inspect. The
Principal will make arrangements for access and notify the
parent(s)/guardian(s) or student of the time and place where the records may be
inspected. The
These rights are denied to any person against
whom an order of protection has been entered concerning a student (105 ILCS 5/10-22.3c
and 10/5a, and 750 ILCS 60/214(b)(15).
2.
The
right to request the amendment of the student’s education
records that the parent(s)/ guardian(s) or eligible student believes are
inaccurate, misleading, irrelevant, or improper.
Parents/guardians or eligible students may
ask the
If the
3. The
right to permit disclosure of personally identifiable information contained in
the student’s education records, except to the extent that the FERPA or
Disclosure is permitted without consent to
school officials with legitimate educational or administrative interests. A school official is a person employed by the
Alliance as an administrator, supervisor, instructor, or support staff member
(including health or medical staff and law enforcement unit personnel); a
person serving on the School Board; a person or company with whom the Alliance
has contracted to perform a special task (such as an attorney, auditor, medical
consultant, or therapist); or any parent(s)/guardian(s) or student serving on
an official committee, such as a disciplinary or grievance committee, or
assisting another school official in performing his or her tasks.
A school official has a legitimate
educational interest if the official needs to review an education record in
order to fulfill his or her professional responsibility.
Upon request, the
When a challenge is made at the time the
student’s records are being forwarded to another school to which the student is
transferring, there is no right to challenge:
(1) academic grades, or (2) references to expulsions or out-of-school
suspensions.
Disclosure is also permitted without consent
to: any person for research, statistical reporting or planning, provided that
no student or parent(s)/guardian(s) can be identified; any person named in a
court order; appropriate persons if the knowledge of such information is
necessary to protect the health or safety of the student or other persons; and
juvenile authorities when necessary for the discharge of their official duties
who request information before adjudication of the student.
4. The
right to a copy of any school student record proposed to be destroyed or
deleted.
Student records are reviewed every 4 years or
upon a student’s change in attendance centers, whichever occurs first.
5.
The right to prohibit the release of
directory information concerning the parent’s/ guardian’s child.
Throughout the
school year, the
Name
Address
Gender
Grade level
Birth date and place
Parents’/guardians’
names and addresses
Academic awards,
degrees, and honors
Information in relation
to school‑sponsored activities, organizations,
and athletics
Major field of study
Period of attendance in
school
Any parent/guardian or eligible student may
prohibit the release of any or all of the above information by delivering a
written objection to the Building Principal within 30 days of the date of this
notice. No directory information will be
released within this time period, unless the parents/guardians or eligible
student is specifically informed otherwise.
A photograph of an unnamed student is not a school record because the student
is not individually identified. The
6.
The
right to request that military recruiters or institutions of higher learning
not be granted access to your secondary school student’s name, address, and
telephone numbers without your prior written consent.
Federal law requires a secondary school to grant
military recruiters and institutions of higher learning, upon their request,
access to secondary school students’ names, addresses, and telephone numbers,
unless the parents/guardians request that the information not be disclosed
without prior written consent. If you
wish to exercise this option, notify the Building Principal where your student
is enrolled for further instructions.
7. The
right contained in this statement: No
person may condition the granting or withholding of any right, privilege or benefits
or make as a condition of employment, credit, or insurance the securing by any
individual of any information from a student’s temporary record which such
individual may obtain through the exercise of any right secured under State
law.
8. The
right to file a complaint with the
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
LaSalle/Putnam
County Educational
Distribute to legal custodian(s) at the time they register a child for
school and to students reaching their 18th birthdays before
graduation, marriage or entry into military service. Return to the Building Principal to be kept
in the student’s temporary record.
Student Name
The District collects
biometric information from its students only for identification and/or fraud
prevention purposes. Biometric
information includes any information collected through an identification
process for individuals based on their unique behavioral or physiological
characteristics, including fingerprint, hand geometry, voice, or facial
recognition or iris or retinal scans. The
School Code requires written permission from the individual who has legal
custody of the student or from the student if he or she has reached the age of
18 to collect biometric information from students.
When collecting
biometric information, The School Code also requires the District to:
1. Store, transmit, and protect
all biometric information from disclosure.
2. Prohibit the sale, lease, or other disclosure
of biometric information to another person or entity unless: (1) prior written permission by you is
granted or (2) the disclosure is required by court order.
3. Discontinue the use of a student’s biometric information
under either of the following conditions:
(a)
Upon the
student’s graduation or withdrawal from the school district; or
(b)
Upon
receipt in writing of a request for discontinuation by the individual having
legal custody of the student or by the student if he or she has reached the age
of 18.
4.
Destroy
all of a student’s biometric information within 30 days after the occurrence of
either conditions 3(a) or 3(b) above.
I consent to the collection of biometric information
of the above named student by the
Legal Custodian (if student is under age 18) signature
Student (if age 18 or over) signature Date
LaSalle/Putnam
Educational
a. E-mail correspondence should generally
reference only one student per e-mail.
b. Care must be used in addressing such
e-mail communications, to ensure that they are sent only to authorized and
intended recipients.
c. Distribution lists should be used with
caution and be updated to keep the e-mail addresses of intended recipients
current, and to limit distribution only to people who are authorized to receive
communication about particular students.
d. Employees should be instructed to read
confidential e-mail communications in private, and not leave their e-mail
window open at an unattended work station.
LEGAL REF.: June 14, 2007 L.E.A.S.E. Executive
Committee meeting
CROSS
REF.:
ADOPTED: September 11, 2008