Section 401.5  Definitions

"Business Day" means Monday through Friday, except federal and State holidays.

"Combination Program" is a program that includes both educational and residential services.

"Educational Program" is a program consisting of special education and related services intended to meet the specific needs of the unique populations served.

"Facility" is the physical premises where a provider offers services.

"IEP Team" has the meaning ascribed in 34 CFR 300.23.

"Imminent Danger" is a situation in which the life or health of a student is knowingly or blatantly disregarded by:

causing a real, significant or impending risk of harm;

permitting the life or health of a student with a disability (as defined in the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)) to be threatened; or

causing or permitting a student to be placed in circumstances that endanger the student's life or health.

"Individualized Education Program" or "IEP" is a written statement for a student with a disability that conforms to the requirements of 34 CFR 300.320 and, for Illinois students, meets the requirements of 23 Ill. Adm. Code 226.230 (Content of the IEP).

"Individual Student Aide (noninstructional duties)" shall have the meaning ascribed in 23 Ill. Adm. Code 226.860.

"ISBE" means the Illinois State Board of Education.

"ISBE-approved" or "ISBE approval" means the approval of program in accordance with this Part.

"Paraprofessional Educator" or "Paraprofessional" shall have the meaning ascribed in 23 Ill. Adm. Code 226.860.

"Professional Staff" means administrators, supervisors, teachers and providers of related services, appropriately licensed in accordance with 23 Ill. Adm. Code 25 or 226.800 or Section 401.240, who either provide or direct the provision of special education or related services specified in the IEPs of students served, or who evaluate student progress or evaluate the provision of those special education or related services.  Facilities located outside the State of Illinois shall provide evidence of professional licensure/certification granted by their respective state licensing agencies for all employed personnel.  ISBE shall review the qualifications of each position to ensure comparability to the qualifications of Illinois personnel established in statute and Title 23 of the Illinois Administrative Code.  Professional staff does not include persons providing services other than special education and related services specified in the IEP or whose duties are limited to assisting professional staff.

"Program" is a set of educational and/or residential services provided by professional staff to meet specific needs of the unique population served.

"Programmatic Outcomes" are evidence of progress towards goals established by the program and are intended to demonstrate continuous program improvement. The provider shall not only establish goals for itself but shall also collect and analyze data for enrolled students with disabilities in alignment with those self-established goals. Further, this information shall be shared with the ISBE and with contracting districts to determine the nature of future technical assistance to the provider and to promote transparency.

"Provider" is any organization that offers special education and/or residential services to students with disabilities under contract with one or more Illinois public school districts and pursuant to Section 14-7.02 of the School Code.  A provider under this Part does not include an organization providing emergency and student-specific placements pursuant to 23 Ill. Adm. Code 226.330(g) or (i).

"Related Services" has the meaning ascribed in 23 Ill. Adm. Code 226.75.

"School Code" means 105 ILCS 5.

"Special Education" has the meaning ascribed in 23 Ill. Adm. Code 226.75.

(Source:  Amended at 46 Ill. Reg. 13278, effective July 13, 2022)