Ill. Admin. Code tit. 23, § 1.20 - Operational Requirements
a)
Districts' and schools' recognition status is based upon compliance with the
requirements imposed by law, including but not limited to the recognition
standards established by the State Board of Education ("State Board") pursuant
to Section 2-3.25 of the School Code [105 ILCS 5 ] and this Part, as modified
or waived, if applicable, pursuant to Section 2-3.25g of the Code and Section
1.100
of this Part or Section 22-60 of the Code and Section
1.110
of this Part.
1) No later than September 30
of each year, each district shall apply for recognition of each school operated
by the district. This application shall be submitted to the respective regional
superintendent of schools through an electronic submission process established
by the State Superintendent of Education ("State Superintendent"), except that
a district operated pursuant to Article 34 of the Code shall submit its
application directly to the State Superintendent. For the purposes of this
Part, references to "regional superintendent of schools" shall be understood to
include the chief administrator of the Intermediate Service Centers established
in that portion of Cook County located outside of the City of Chicago. (See
105
ILCS 5/3-0.01.)
2) No later than October 15 of each year,
each regional superintendent of schools shall summarize, through an electronic
process established by the State Superintendent, the degree to which the
schools in the districts for which the regional superintendent is responsible
adhere to operational compliance requirements. The regional superintendent
shall recommend the assignment of recognition status as applicable considering
the compliance-related information supplied.
3) As part of this process, the regional
superintendent of schools shall periodically visit the region's districts as
the regional superintendent may deem necessary to ascertain the degree to which
the districts' schools comply with operational
requirements.
b) Based
upon the information provided by the district and the regional superintendent,
or information obtained by the State Superintendent by any other means, the
State Superintendent shall annually assign a recognition status for each school
and for each district as a whole and may, in accordance with
105 ILCS
5/1A-4 and this Subpart, change the existing
recognition status for a school or district at any time. The recognition status
of each school and district will be posted and maintained on the State Board's
website at https://www.isbe.net. In
each case, a district or school shall be recognized and assigned a status of
"Fully Recognized", "On Probation", or "Recognized Pending Further Review", or,
after action is taken by the State Board consistent with this Section, shall be
"Nonrecognized". A district or school that is placed on "Recognized Pending
Further Review" or "On Probation" status shall not, because of this change in
status, lose any rights or privileges afforded by the State Board to districts
and schools that are "Fully Recognized".
1)
Each school or district that meets the requirements imposed by law, including
the requirements established by the State Board pursuant to Section 2-3.25 of
the Code and this Part, shall be Fully Recognized.
2) A school or district shall be immediately
placed On Probation by the State Superintendent following the process outlined
in Section 1.20(e) if it:
A) exhibits
deficiencies that present a health hazard or a danger to students or
staff;
B) fails to offer required
coursework;
C) employs personnel
who lack the required qualifications and who are not in the process of
attaining these qualifications;
D)
fails or refuses to serve students according to relevant legal and regulatory
requirements; or
E) prolongs or
repeats instances of noncompliance to a degree that indicates an intention not
to comply with relevant requirements, including failure to correct deficiencies
as required by subsection (b)(3)(B).
3) A school or district shall be immediately
Recognized Pending Further Review by the State Superintendent if:
A) it exhibits any deficiencies other than
those delineated in subsection (b)(2); and
B) such deficiencies may be corrected prior
to the end of the school year following the school year in which they were
identified.
c)
The recognition status of a district or a school may, in accordance with
105 ILCS
5/1A-4 and this Part, be changed to On Probation or
Recognized Pending Further Review, upon written notification to the district or
school, by the State Superintendent at any time to reflect information
confirmed during the compliance monitoring process outlined in subsection (a)
or information obtained by the State Superintendent by any other means, subject
to the district's right to appeal the status change as provided in this
Section. Any change in status that may occur pursuant to this Section will be
posted on the State Board's website no later than 30 days after the change in
status.
d) Districts and Schools
Recognized Pending Further Review
1) The
superintendent of a district that is Recognized Pending Further Review, or in
which one or more schools are Recognized Pending Further Review, may, within 5
days after receipt of notification to this effect, request a conference at
which representatives of the district will have an opportunity to discuss
compliance issues with State Board staff. By agreement of the parties, the
conference may be conducted via videoconference or any other means.
2) The superintendent of a district that is
Recognized Pending Further Review, or in which one or more schools are
Recognized Pending Further Review, may request a hearing to appeal the change
in recognition status within 10 days after the designation is issued or 10 days
after the conference in subsection (d)(1), whichever date is later. The request
for appeal must be submitted in writing to the State Superintendent at
RecognitionAppeal@isbe.net or, if the email address becomes inaccessible or is
changed, via mail to the Illinois State Board of Education at 100 N
1st Street, Springfield, IL 62777, and must set
forth evidence that the district or school is in compliance with the applicable
requirements that resulted in the change of recognition status. Upon receipt of
the district's request, the State Superintendent shall notify the district of
the date, time, and location of the hearing, which shall be held no sooner than
10 days after receipt of the request for appeal. The hearing may be conducted
via videoconference or any other means. The district may be represented by an
attorney throughout the appeal process.
A) The
hearing shall be conducted by a hearing officer, designated by the State
Superintendent, who is determined to be impartial and disinterested and to have
relevant knowledge of this Section and the enabling Sections of the School
Code. The hearing officer so designated shall not be an employee of the State
Board. The parties shall be notified of the appointment of the hearing
officer.
B) The hearing officer
shall convene a hearing at which the district shall have the opportunity to
present evidence that the district is in compliance with the applicable
requirements that resulted in the change of recognition status.
C) The hearing officer shall provide a
written decision to the district within 5 days of the date of the
hearing.
3) A district or
school that is Recognized Pending Further Review shall be Fully Recognized at
any time upon submission of satisfactory evidence that demonstrates the
district or school is in compliance with the applicable requirements that
resulted in the change of recognition status.
e) Districts and Schools Placed On Probation
1) The State Superintendent shall schedule a
conference with the superintendent of a district prior to placing that district
or any of its schools On Probation, at which representatives of the district
will discuss compliance issues with State Board staff. By agreement of the
parties, the conference may be conducted via videoconference or any other
means. Within 5 days after the date of the scheduled conference, the State
Superintendent will determine if the district or school(s) will be placed On
Probation and will notify the district to this effect.
2) The superintendent of a district that is
placed On Probation, or in which one or more schools are placed On Probation,
may request a hearing to appeal the change in recognition status of the
district or such school(s) within 10 days after the designation is issued
pursuant to subsection (e)(1). The request for appeal must be submitted in
writing to the State Superintendent at RecognitionAppeal@isbe.net or, if the
email address becomes inaccessible or is changed, via U.S. mail to the Illinois
State Board of Education at 100 N 1st Street, Springfield, IL 62777, and must
set forth evidence that the district is in compliance with the applicable
requirements that resulted in the change of recognition status. Upon receipt of
the district's request, the State Superintendent shall notify the district of
the date, time, and location of the hearing, which shall be held no sooner than
10 days after receipt of the request for appeal. The district may be
represented by an attorney throughout the appeal process.
A) The hearing shall be conducted by a
hearing officer, designated by the State Superintendent, who is determined to
be impartial and disinterested and to have relevant knowledge of this Section
and the enabling Sections of the School Code. The hearing officer so designated
shall not be an employee of the State Board. The parties shall be notified of
the appointment of the hearing officer.
B) The hearing officer shall convene a
hearing at which the district shall have the opportunity to present evidence
that the district is in compliance with the applicable requirements that
resulted in the change of recognition status.
C) The hearing officer shall provide a
written decision to the district within 5 days of the date of the
hearing.
3) Within 15
days of the conference pursuant to subsection (e)(1) or, if applicable, a
decision on the appeal described in subsection (e)(2) affirming the change in
recognition status, whichever is later, the district shall submit to the
regional superintendent of schools and the State Superintendent a corrective
action plan that conforms to the requirements of subsection (e)(4).
A) If the plan is required to relate to areas
of noncompliance at the district level, the plan shall be signed by the
secretary of the local board of education as evidence that the board adopted a
resolution authorizing its submission.
B) If the plan is required to relate to areas
of noncompliance at one or more schools, the plan shall be signed by the
district superintendent and each affected principal.
4) The State Superintendent shall respond to
the submission of a plan within 15 days after receiving it and may consult with
the regional superintendent of schools to determine the appropriateness of the
actions proposed by the district to correct the cited deficiencies. The State
Superintendent shall approve a plan if it:
A)
specifies steps to be taken by the district that are directly related to the
area or areas of noncompliance cited;
B) provides evidence that the district has
the resources and the ability to take the steps described without giving rise
to other issues of compliance that would lead to probationary status;
and
C) specifies a timeline for
correction of the cited deficiencies that is demonstrably linked to the factors
leading to noncompliance and is no longer than needed to correct the identified
problems.
5) A district
or school that is On Probation shall be Fully Recognized at any time upon
submission of satisfactory evidence that demonstrates the district or school is
in compliance with the applicable requirements that resulted in the change of
recognition status.
f)
Nonrecognition of Districts
1) If a district's
corrective action plan does not meet the requirements of subsection (e), the
State Superintendent shall notify the district to this effect. If no plan is
submitted, or if no plan meeting the requirements of subsection (e) is received
within 15 days after the district's conference with State Board staff, or any
extended timeline pursuant to subsection (e)(3)(C), or after a decision on the
appeal affirming the change in recognition status, the State Superintendent
shall recommend to the State Board that the district be Nonrecognized subject
to the district's right to a hearing as set forth in subsection (f)(3) and
shall provide notification of this recommendation to the district.
2) If, at any time while a plan for
corrective action is in effect, the State Superintendent determines that the
agreed-upon actions are not being implemented in accordance with the plan or
the underlying areas of noncompliance are not being remedied, the State
Superintendent shall recommend to the State Board that the status of the
district be changed to Nonrecognized subject to the district's right to a
hearing as set forth in subsection (f)(3).
3) A district that has been recommended to be
Nonrecognized by the State Superintendent may submit a written request for a
hearing to the State Board within 30 days of being notified of the State
Superintendent's recommendation for nonrecognition. If the district does not
request a hearing to challenge the State Superintendent's recommendation that
the district be Nonrecognized within 30 days of being notified, the State Board
will make a determination on the State Superintendent's recommendation for
nonrecognition of the district at a State Board meeting, and the district will
be notified of the decision in writing.
A) The
request for a hearing must be formally approved by a local school board
resolution.
B) The local school
board resolution requesting the hearing must identify the specific findings
with which the district disagrees.
C) Upon submission of the local school board
resolution requesting a hearing, the State Superintendent shall give written
notice of the date, time and place of the hearing to the district
superintendent not less than 21 days before the hearing date. The notice shall
be sent by certified mail, return receipt requested. By agreement of both
parties, the hearing may be conducted via videoconference or any other
means.
D) The hearing shall be
conducted by a hearing officer, designated by the State Superintendent, who is
determined to be impartial and disinterested and to have relevant knowledge of
this Section and the enabling Sections of the School Code. The hearing officer
so designated shall not be an employee of the State Board. The parties shall be
notified of the appointment of the hearing officer.
E) The district may be represented by an
attorney throughout the proceedings. An attorney from the Office of the Legal
Counsel to the State Board, or an attorney selected by the State
Superintendent, will represent the State Superintendent.
F) Both the district and the State
Superintendent will be afforded the opportunity to file written briefs before
the hearing. The district shall submit its brief to the hearing officer and a
copy to the State Superintendent at the following address: Illinois State Board
of Education, Office of Legal Counsel, 100 N First St., Springfield, IL 62777.
The State Superintendent shall submit its brief to the hearing officer and a
copy to the district superintendent or the district's attorney, if represented
at the hearing by counsel.
i) The district's
brief shall be due 7 days after receipt of the notice of the appointment of the
hearing officer.
ii) The State
Superintendent's brief shall be due 7 days after the State Superintendent's
receipt of the district's brief.
G) At the time its brief is filed, either the
district or the State Superintendent may request an opportunity to present
witnesses and oral argument before the hearing officer.
H) If requested, each party may produce
witnesses at the hearing. After the completion of witness testimony, if oral
argument has been requested, each party will be given at least 30 minutes for
oral argument. The hearing officer may ask questions during such arguments. The
district shall present its argument first followed by the argument for the
State Superintendent. The district will then be allowed at least 10 minutes for
a rebuttal. If neither party requests oral argument, the hearing officer may
request that the parties make an oral presentation on the date scheduled for
the hearing.
I) If two or more
districts request an appeal regarding the same issue(s), the appeals may be
consolidated if consolidation would secure economies of time and effort,
promote uniformity of decision-making by the hearing officer, and consolidation
would not prejudice the rights of a party. Consolidated appeals shall be
handled as provided in this subsection (f)(3)(I).
i) The hearing officer may consider any
objections by the parties related to the consolidation of appeals prior to such
consolidation.
ii) Each district
may submit its own brief, or any two or more of the districts whose appeals are
consolidated may elect to write a joint brief and may request oral
argument.
iii) All districts whose
appeals are consolidated will be given an opportunity to produce witnesses and
a collective total of at least 40 minutes for oral argument, and the districts
may reserve at least 10 of their 40 minutes for rebuttal. The districts shall
either select one or more representatives to argue on behalf of the districts
or divide the time equally amongst all districts.
iv) The State Superintendent shall submit one
brief in response to the issue(s) subject to the consolidated appeal and shall
have at least 30 minutes for oral argument.
J) During the hearing, the hearing officer
shall consider only those issues raised in the written briefs, witness
testimony if any and oral argument of the parties if the parties request the
opportunity to present oral arguments. All hearings shall be
recorded.
K) Within 14 days after
the hearing, the hearing officer shall submit a written recommendation for
action to the State Board and shall state the reasons for the recommendations.
The hearing officer may recommend that the State Board adopt, modify, or reject
the recommendation of the State Superintendent, in whole or in part.
L) A final decision shall be rendered by the
State Board after receipt of the hearing officer's recommendation and the
parties shall be notified in writing of the decision. The decision shall
specify whether it is final, and, if so, that it is subject to the
Administrative Review Law [735 ILCS 5 /Art. III].
M) Nothing contained in this Section shall
preclude the State Superintendent or the State Board, when required, and the
district from reaching an agreement as to the resolution of an appeal at any
time during the appeals process.
g) The timelines set forth in subsections
(d), (e), and (f) may be extended by the mutual agreement of the district and
the State Superintendent or designee.
h) Neither a district nor a school shall be
Nonrecognized under this Section without first having been placed On Probation.
Except that, the State Superintendent may recommend to the State Board that a
district or school that was previously On Probation be Nonrecognized if it is
subsequently noncompliant with the same requirements that led to its previous
placement On Probation and both instances of noncompliance occur within the
same school year. A district that is Nonrecognized, or in which one or more
schools are Nonrecognized, shall be subject to the provisions of Section
18-8.15(h)(6) of the Code.
i)
Subject to Section 5-32 of the Code, a school or district that has been
Nonrecognized by the State Board pursuant to this section may petition the
State Board to be returned to Fully Recognized status if the school or district
clearly demonstrates that:
1) Any
noncompliance matters that resulted in nonrecognition have been
resolved;
2) The district or school
has developed systems and processes to ensure that the noncompliance issues
that resulted in the change in recognition status will not recur; and
3) The district or school will agree to any
additional corrective steps that the State Superintendent deems necessary to
remedy any harm caused by the district's or school's noncompliance.
Notes
Amended at 38 Ill. Reg. 6127, effective February 27, 2014
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