Section 401.20  Notification Requirements

a)         A provider that operates a facility subject to the requirements of this Part and intends to cease operations, move to a new location, expand existing physical facilities, or to discontinue any of the facility's approved programs shall ensure that the State Superintendent and each public school district with which it has entered into contracts for services receive no less than 40 business days' written notice of that intention. A provider shall also notify the State Superintendent in writing, so that the notification is reasonably calculated to be received at the State Board of Education's office at 100 North First Street, Springfield, Illinois 62777, within 40 business days after the following:

1)         Any change in its educational administration and organization, as described in its SBE approved application; and

2)         Any change in the number, type, or duties of the professional staff positions identified as part of the application for SBE approval or in the licensure status or credentials of any individual employed in such a position, provided that the change does not affect the program's or facility's compliance with the requirements of this Part.

b)         A provider shall notify the State Superintendent in writing, so that the notification is reasonably calculated to be received at the State Board of Education's office at 100 North First Street, Springfield, Illinois 62777, within five business days after the following:

1)         Any change in the facility's compliance with applicable fire prevention regulations or other federal, state, and local laws, ordinances, or regulations, as described in its approved application pursuant to Section 401.10(a)(5), or in the physical facilities used;

2)         Any change in the facility's approval or licensure to provide a residential program as described in its approved application;

3)         Any change in the facility's approval or licensure to operate in a state other than Illinois as described in its approved application;

4)         Any change in the number, type, or duties of the professional or paraprofessional positions identified as part of the application for SBE approval of an educational program or the education component of a combination program, or in the licensure/certification status or credentials of any individual employed in such a position, if the change will affect the program's compliance with the requirements of this Part.

A)        If any professional staff position subject to the notification requirements of this subsection (b)(4) remains vacant, the provider shall provide written notification to the State Superintendent and to the placing public school districts after 20 business days, after 40 business days, and again every 40 business days thereafter until the vacant position has been filled of its attempts to permanently fill those positions and of other efforts, including the use of substitutes or the use of virtual instruction, undertaken in order to provide necessary instruction and related services to the students enrolled.

B)        If the State Superintendent determines that the provider has not reported staffing changes in a program as required, the State Superintendent shall change the approval status of the program accordingly, pursuant to the provisions of Section 401.30.

c)         Before a provider that operates a nonpublic special education facility terminates a student's placement in a facility, the provider must request an IEP meeting from the contracting school district. If the provider elects to terminate the student's placement following the IEP meeting, the provider must give written notice to this effect to the contracting public school district, the student's parent or guardian, and the State Board of Education no later than 20 business days before the date of termination, unless the health and safety of any student are endangered.  The notice must include the detailed reasons for the termination and any actions taken to address the reasons for the termination.

d)         Notification to State Superintendent regarding any breaches of test security or other testing irregularities in connection with the State assessment shall conform to the requirements of Section 401.145.

(Source:  Amended at 49 Ill. Reg. 6929, effective May 5, 2025)