Section 226.760  Evaluation of Special Education

a)         The extent to which a school district is fulfilling its responsibilities to children with disabilities shall be determined by the State Board of Education.  Official representatives of the State Board shall be authorized to examine all documentation, including student records, that would facilitate the determination.

b)         Evaluation by the State Board of Education shall focus on the district's provision of special education services, on each special education cooperative organization of which it is a participant, and on community resources utilized by the district.

c)         Evaluation of special education services shall be based on all of the following elements.

1)         The performance of the program, as evidenced by data that state education agencies must collect, including without limitation the information collected pursuant to 34 CFR 300.170, 300.600, 300.601, 300.602, and 300.646;

2)         The adequacy of the policies and procedures developed pursuant to Section 226.710 of this Part;

3)         The extent to which children with disabilities are being adequately served and the effectiveness of each special education service; and

4)         Records maintained to demonstrate compliance with the assurances furnished in applications for State and federal funds.

d)         The State Board of Education shall provide written reports of its evaluations and any subsequent recommendations or actions to the appropriate boards of education.

e)         Compliance with the requirements of this Part shall be a factor in determining a district's recognition status pursuant to 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision).

f)         A district whose status is changed to "nonrecognized" due to an unfavorable evaluation of its compliance with the requirements of this Part shall have the opportunity to request a hearing pursuant to the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10] and the State Board's rules for Contested Cases and Other Formal Hearings (23 Ill. Adm. Code 475).

(Source:  Amended at 31 Ill. Reg. 9915, effective June 28, 2007)