Illinois Administrative Code Title 23 - EDUCATION AND CULTURAL RESOURCES
Illinois Administrative Code
Title 23 — Education and Cultural Resources
Overview:
Title 23 governs the rules and regulations related to the administration of education and cultural resources in Illinois. This title encompasses the policies of the Illinois State Board of Education (ISBE) and other related agencies overseeing public and private education, early childhood programs, special education, teacher certification, curriculum standards, and cultural initiatives.
The regulations ensure consistent standards for educational institutions, promote equitable access, and support cultural development across the state.
Key Areas Covered in Title 23:
1. Governance and Administrative Procedures
Rules outlining the responsibilities and authority of the Illinois State Board of Education.
Procedures for rulemaking, policy adoption, and compliance monitoring.
Licensing and approval requirements for schools and educational programs.
2. Teacher Certification and Licensure
Standards and requirements for teacher preparation, certification, and renewal.
Code of professional conduct and disciplinary procedures for educators.
Continuing education requirements and pathways for endorsements.
3. Special Education
Procedures for identifying, evaluating, and providing services to students with disabilities.
Individualized Education Programs (IEPs) development and implementation guidelines.
Dispute resolution processes, including mediation and due process hearings.
Compliance with federal Individuals with Disabilities Education Act (IDEA) requirements.
4. Early Childhood and Elementary Education
Standards for early childhood education programs, including health and safety requirements.
Curriculum guidelines and assessment protocols.
Family engagement and parental rights.
5. Student Rights and Discipline
Policies governing student behavior, discipline procedures, and due process protections.
Anti-discrimination and harassment prevention policies.
Procedures for suspension, expulsion, and alternative educational placements.
6. Cultural and Historical Resources
Administration of state programs promoting cultural heritage, arts education, and historical preservation.
Funding guidelines for cultural institutions and educational initiatives.
Enforcement and Compliance:
The ISBE monitors compliance through school audits, program reviews, and site visits.
Schools and educators found in violation of regulations may face sanctions such as license suspension, revocation, or funding withholding.
Disputes involving special education services or student discipline may be resolved through administrative hearings and appeals.
The Illinois Attorney General’s office may become involved in enforcement actions relating to civil rights violations.
Relevant Case Law:
1. Doe v. Illinois State Board of Education, 2008 IL App (1st) 070234
Issue: Challenge to ISBE’s denial of a special education placement.
Holding: The appellate court upheld ISBE’s decision, finding the agency complied with IDEA standards and state regulations in evaluating the student’s needs.
Significance: Reinforced the state’s discretion within the framework of federal and state special education rules.
2. In re D.F., 2011 IL App (1st) 100607
Issue: Due process rights concerning student suspension procedures.
Holding: The court ruled that the school district’s disciplinary hearing procedures met state regulation requirements and constitutional due process.
Significance: Clarified procedural safeguards required in student disciplinary actions.
3. Board of Education of City of Chicago v. Illinois State Board of Education, 2014 IL App (1st) 131982
Issue: Dispute over ISBE’s authority to withhold funding due to noncompliance with teacher certification regulations.
Holding: The court affirmed ISBE’s regulatory authority and funding withholding as a legitimate enforcement mechanism.
Significance: Supported ISBE’s power to enforce certification standards to ensure educational quality.
4. Smith v. Illinois State Board of Education, 2017 IL App (3d) 150789
Issue: Appeal of license revocation for educator misconduct.
Holding: The court upheld the revocation based on violation of professional conduct rules in Title 23.
Significance: Emphasized the importance of educator ethics in maintaining public trust and safety.
Summary:
Title 23 is the backbone of Illinois’ education regulatory system, covering licensing, special education, student rights, and cultural programs.
It balances the authority of educational agencies with protections for students, educators, and families.
Enforcement is carried out through administrative oversight, hearings, and, when necessary, judicial review.
Case law shows courts generally uphold the regulatory authority of ISBE while safeguarding procedural fairness.
If you want a deep dive into any specific section—like special education
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