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March 14, 2007

15 year old 8th graders with IEP

The following policy for testing pertains to 105 ILCS 5/14-6.01 of the school code (copied below) - 15 year old 8th grade students with disabilities by law become accountable to the high schools. High schools are financially responsible for the student as well as for the educational program of the student.

This law only pertains to elementary districts that feed into high school districts. It does not pertain to unit districts.

In response to questions from school districts regarding testing accountability, the following should occur for those students, who are 15 years old, in 8th grade, attend an elementary district and have an IEP:

The high school becomes the student's home school.
The student should be enrolled as a 9th grader with the serving school as the 8th grade placement.
Ninth graders do not test. Therefore these students do not test with ISAT, IAA or IMAGE.

It is recommended that an IEP meeting be called to make these changes.

For these students who have already tested, please void their test document and put it in the non-process box before returning to Pearson. A letter will be disseminated to districts from me explaining to parents why these students are not receiving scores.

My apologies for this inconvenience – this was brought to our attention in the last week.

105 ILCS 5/14-6.01

Effective July 1, 1966, high school districts are financially responsible for the education of pupils with disabilities who are residents in their districts when such pupils have reached age 15 but may admit children with disabilities into special educational facilities without regard to graduation from the eighth grade after such pupils have reached the age of 14 1/2 years. Upon a disabled pupil's attaining the age of 14 1/2 years, it shall be the duty of the elementary school district in which the pupil resides to notify the high school district in which the pupil resides of the pupil's current eligibility for special education services, of the pupil's current program, and of all evaluation data upon which the current program is based. After an examination of that information the high school district may accept the current placement and all subsequent timelines shall be governed by the current individualized educational program; or the high school district may elect to conduct its own evaluation and multidisciplinary staff conference and formulate its own individualized educational program, in which case the procedures and timelines contained in Section 14-8.02 shall apply.

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Illinois State Board of Education
100 North First Street
Springfield, IL 62777