Rules
Rules Currently in Effect
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.
Links to all these documents are found below.
Part 28 (Standards for Certification in Special Education)
25 Appendix C
25 Final Transition Rules
226 Final Transition Rules
Section 25.805 (Effective September 11, 2002)
