Ill. Admin. Code tit. 23, § 425.50 - Renewal of Recognition
a)
Cycle for On-Site Review
1) Each school
recognized pursuant to Section
425.40(a)
and seeking continued recognition must receive periodic visits by a review team
as may be deemed necessary by the State Superintendent to ascertain the degree
to which the school complies with applicable requirements of Sections
425.20
and
425.30
and, for those schools receiving block grant funds under Section 2-3.51.5 of
the School Code, the degree to which the school complies with the requirements
of Section
425.80.
The process for renewal visits must be conducted in the same manner as visits
conducted under Section 425.40. The State Superintendent must consider the
evidence presented and proceed as discussed in subsection (c) of this
Section.
2) Each school recognized
pursuant to Section
425.40(b)
must be visited in keeping with the review cycle of the relevant accrediting
organization.
b) Renewal
in Intervening Years
1) For each school year
between on-site reviews, the chief school administrator of a school recognized
pursuant to Section
425.40(a)
must apply for renewal of the school 's recognition by submitting, in a format
and time specified by the State Superintendent, assurances that the school
continues to comply with the requirements of this Part, including any revisions
that may have occurred, and that no significant changes have been made in its
operations, its facilities, or its programs that would negatively impact
recognition.
2) If annual
professional development is required for any staff member pursuant to Section
425.30(f)(5),
the school 's chief school administrator must separately submit an assurance
that written plans for ensuring that the affected individuals complete relevant
activities are in place and are being followed. The school must maintain copies
of these plans and proof of their implementation in the individual's personnel
file.
3) For each school year
between on-site reviews, the chief school administrator of a school recognized
pursuant to Section
425.40(b)
must apply for renewal of the school 's recognition by submitting, in a manner
determined by the State Superintendent, evidence that the school 's
accreditation from the relevant organization is in effect for that school
year.
c) Based upon the
renewal application materials, the report and recommendation of the review team
if a site visit was conducted, or information obtained by the State
Superintendent by any other means, the State Superintendent will annually
assign a recognition status for the school at any time. The recognition status
of each school will be posted and maintained on the State Board's website at
https://www.isbe.net. In each case, a
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
school that is placed on Recognized Pending Further Review or On Probation
shall not, because of this change in status, lose any rights or privileges
afforded by the State Board to schools that are "Fully Recognized".
1) Each school that meets the requirements
imposed by law, including the requirements established by the State Board
pursuant to Section 2-3.25o of the Code and this Part, shall be Fully
Recognized.
2) A school shall be
immediately Recognized Pending Further Review by the State Superintendent if:
A) it exhibits any deficiencies other than
those delineated in subsection (c)(3); and
B) such deficiencies may be anticipated to be
corrected prior to the end of the school year following the school year in
which they were identified.
3) A school shall be immediately placed On
Probation by the State Superintendent following the process outlined in Section
425.50(f) 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 or 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 (c)(2)(B).
d) The recognition status of 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 school , by
the State Superintendent at any time to reflect information confirmed during
the compliance monitoring process outlined in subsection (a), through the
renewal application process outlined in subsection (b), or obtained by the
State Superintendent by any other means, subject to the school 's right to
appeal such status change as provided in this Section. Any change in status
that may occur pursuant to this subsection will be posted on the State Board's
website no later than 30 days after the change in status.
e) Schools Recognized Pending Further Review
1) The chief school administrator of a school
that is Recognized Pending Further Review may, within 5 days after receipt of
notification to this effect, request a conference at which representatives of
the school 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 chief school administrator of a school
that is 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 (e)(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 school is in
compliance with the applicable requirements that resulted in the change of
recognition status. Upon receipt of the school 's request, the State
Superintendent shall notify the school 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 school 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 school shall have the opportunity to present evidence that
the school 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 school within 5 days of the date of the
hearing.
3) A school that
is Recognized Pending Further Review shall be Fully Recognized at any time upon
submission of satisfactory evidence that demonstrates the school is in
compliance with the applicable requirements that resulted in the change of
recognition status.
f)
Schools Placed On Probation
1) The State
Superintendent shall schedule a conference with the chief school administrator
of a school prior to placing that school On Probation, at which representatives
of the school 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 school will be placed On
Probation and will notify the school to this effect.
2) The chief school administrator of a school
that is placed On Probation may request a hearing to appeal the change in
recognition status of the school within 10 days after the designation is issued
pursuant to subsection (f)(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 school is in
compliance with the applicable requirements that resulted in the change of
recognition status. Upon receipt of the school 's request, the State
Superintendent shall notify the school 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 school 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 school shall have the opportunity to present evidence that
the school 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 school within 5 days of the date of the
hearing.
3) Within 15
days of the conference pursuant to subsection (f)(1) or, if applicable, a
decision on the appeal described in subsection (f)(2) affirming the change in
recognition status, whichever is later, the school shall submit to the State
Superintendent a corrective action plan that conforms to the requirements of
subsection (f)(4). The plan shall be signed by the chief school administrator
and each affected principal.
4) The
State Superintendent shall respond to the submission of a plan within 15 days
after receiving it. The State Superintendent shall approve a plan if it:
A) specifies steps to be taken by the school
that are directly related to the area or areas of noncompliance
cited;
B) provides evidence that
the school 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 school that is On Probation shall be
Fully Recognized at any time upon submission of satisfactory evidence that
demonstrates the school is in compliance with the applicable requirements that
resulted in the change of recognition status.
g) Nonrecognition of Schools
1) If a school 's plan does not meet the
requirements of subsection (f), the State Superintendent shall notify the
school to this effect. If no plan is submitted, or if no plan meeting the
requirements of subsection (f) is received within 15 days after the school 's
conference with staff, or any extended timeline pursuant to subsection
(f)(3)(B), or after a decision on the appeal affirming the change in
recognition status, the State Superintendent shall recommend to the State Board
that the school be Nonrecognized subject to the school 's right to a hearing as
set forth in subsection (g)(3) and shall provide notification of this
recommendation to the school .
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 school be changed to Nonrecognized
subject to the school 's right to a hearing as set forth in subsection
(g)(3).
3) A school 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 school does not request a hearing to challenge the State Superintendent's
recommendation that the school 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 school at a State
Board meeting, and the school will be notified of the decision in writing.
A) The request for a hearing must be
submitted by the chief school administrator.
B) The request for a hearing must identify
the specific findings with which the school disagrees.
C) Upon submission of the request for a
hearing, the State Superintendent shall give written notice of the date, time
and place of the hearing to the chief school administrator 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 school 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 school and the State
Superintendent will be afforded the opportunity to file written briefs before
the hearing. The school 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 chief school administrator or the school 's attorney, if represented
at the hearing by counsel.
i) The school '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 school 's brief.
G) At the time its brief is filed, either the
school 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
school shall present its argument first, followed by the argument for the State
Superintendent. The school 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
schools 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 (g)(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 school may
submit its own brief, or any two or more of the schools whose appeals are
consolidated may elect to write a joint brief and may request oral
argument.
iii) All schools 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 schools
may reserve at least 10 of their 40 minutes for rebuttal. The schools shall
either select one or more representatives to argue on behalf of the schools or
divide the time equally amongst all schools.
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
school from reaching an agreement as to the resolution of an appeal at any time
during the appeals process.
h) The timelines set forth in subsections
(d), (e), and (f) may be extended by the mutual agreement of the school and the
State Superintendent or designee.
i) A school shall not 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 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.
j) A school 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 clearly demonstrates that:
1) Any noncompliance matters that resulted in
nonrecognition have been resolved;
2) The 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 school will agree to any additional
corrective steps that the State Superintendent deems necessary to remedy any
harm caused by the school 's noncompliance.
k) If a recognized school fails to renew its
registration under subsection
425.30(a),
the school forfeits its recognition status. Because this loss of recognition
status is not due to an administrative action by the State Superintendent, the
appeal process in this Section does not apply. A school seeking to receive a
recognition status after forfeiting its status under this subsection must
follow the procedures in Section 425.40.
l) If a recognized school renews its
registration but fails to annually renew its recognition as required in
subsection (b)(1), the school forfeits its recognition status. Because this
loss of recognition status is not due to an administrative action by the State
Superintendent, the appeal process in this Section does not apply. A school
seeking to receive a recognition status after forfeiting its status under this
subsection must follow the procedures in Section 425.40.
Notes
Amended at 36 Ill. Reg. 2241, effective January 26, 2012
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.