The list below displays all the rules
of the State Board of Education that are currently in
effect. With the exception of the items discussed
under "Rules Affected by Federal Court Action,"
the rules are listed in the order of their appearance
within the Illinois Administrative Code as a whole.
To see all rules and amendments that are under development
at this time, go to "Proposed
Rules and Amendments".
Rules
Affected by Federal Court Action
Certain policies of the State Board of Education are
related to litigation commonly referred to as the "Corey
H." matter. These policies are formatted as
if they were true administrative rules, but they cannot
be integrated into the Illinois Administrative Code.
This situation affects various portions of Parts 25
(Certification) and 226 (Special Education), as well
as all of Part 28 (Standards for Certification in Special
Education).
After being filed as peremptory rules in October of
2000, Part 28 was suspended by the Joint Committee on
Administrative Rules, and that suspension was later
continued indefinitely by action of the General Assembly.
Consequently Part 28 cannot be accepted by the Secretary
of State for integration into the Illinois Administrative
Code, nor can any other rules having substantially the
same purpose or effect. Nevertheless, the material contained
in Part 28 is in effect due a federal court order. The
same is true with respect to a change in Appendix C
to Part 25 (Certification.)
In addition, selected portions of Part 25 (Certification)
and Part 226 (Special Education) constitute the "Final
Transition Rules" whose implementation is the subject
of a federal court order of August 15, 2001. These could
not be promulgated via the rulemaking process called
for in the Illinois Administrative Procedure Act because
they correspond to Part 28, but their content is in
effect nevertheless.
Most recently, the federal court ordered the implementation
of amendments to Section 25.805 of the rules (Requirements
of the Plan). These were adopted by the State Board
of Education on July 1, 2002, but the rulemaking process
could not be completed.
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