WHT Law

Consolidated Guide For School Law Timelines

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Consolidated Guide
School Law Timelines

The following are timelines that you are likely to encounter as you navigate through the Illinois School Code, the Illinois School Student Records Act, the federal Individuals with Disabilities Education Act, and their implementing regulations. These timelines are for your reference, but we recommend that you look at the entire section of the indicated statutory provisions or administrative regulation for more detailed information. Please note some timeframes are based strictly on Illinois law and are not applicable to other states. Items in ‘red’ are defined in the end notes.

The following are common cites to statues and regulations found this document:

  • Illinois School Code – 105 ILCS 5/__
  • Illinois School Student Records Act – 105 ILCS 10/___
  • Illinois Administrative Code, Title 23 (Education), Part 226 (Special Education) – 23 IAC 226.___
  • U.S. Code of Federal Regulations, Title 34 (Education), Part 300 (Education of Students with Disabilities) – 34 CFR § 300.___
  • U.S. Code, Title 20 (Education), Chapter 13 (Education of Individuals with Disabilities) – 20 USC § 1400 et seq.

 

STUDENT RECORDS

Student Records

Required Action

TIMELINE

Law/Regulation

Notes

Request for Transfer Student’s Records: Receiving school district shall request a transfer student’s school records from sending school or district

by the end of the next business day after date of enrollment

23 IAC 226.50(a)(2)(B)  
School District Request: A school district must honor the request for a transfer student’s school record from a receiving school district

within 10 calendar days of receipt of request

105 ILCS 10/8.1(b);
105 ILCS 5/2-3.13a
This timeline also applies to requests made by DCFS.
Parent/Student Request: A school district must honor a parent’s, student’s, or designated representative’s request to inspect and copy records within a reasonable time

no later than 15 school days after receipt of request

105 ILCS 10/5(c) Requests must be received by the official records custodian[i].

 

SPECIAL EDUCATION

Evaluations & IEPs

Required Action

TIMELINE

Law/Regulation

Notes

Request for Evaluation: School district’s response to parents’ request for a case study evaluation or referral for evaluation and notification of decision:

  • If NO – must provide explanation[ii] of decision not to evaluate
  • If YES – must convene domain meeting, identify necessary assessments, inform parents of those assessments, and provide informed consent on adomain review form[iii] consent to conduct assessments

within 14 school days of receipt of request

23 IAC 226.110(c)(3) School is required to provide written notice of their decision
Case Study Evaluation (CSE): Upon receiving parental informed consent for the evaluation, a school district must:

  • Conduct the initial evaluation
  • Convene an IEP meeting to determine special education eligibility

within 60 school days of receiving parental consent

23 IAC 226.110(d) If fewer than 60 school days remain in the school year, then prior to the first day of the next school year
Eligibility Determination: Provide written notice to parents concerning the eligibility determination[iv] reached with respect to the child

within 10 school days after the meeting

23 IAC 226.110(f) Parents are entitled to receive copies of any evaluation reports upon request
Initial IEP: Complete an initial IEP based on eligibility determination

within 30 calendar days after the date of eligibility determination

23 IAC 226.110(j) The initial IEP meeting is often merged with the eligibility determination meeting.
Copy of IEP: School district shall provide a copy of the IEP report to the parents

at the conclusion of the IEP meeting

23 IAC 226.110(f) There is no need for an affirmative request for a copy of the IEP.
Developed/Revised IEP: When IEP has been developed or revised, the district shall provide notice to the parents

Immediately

23 IAC 226.220(a) No request is required.
IEP Implementation: A newly developed or revised IEP shall be implemented by the school district

no later than 10 calendar days after parental notice

23 IAC 226.220(a) Parent may waive the 10-day notice period before the IEP is implemented. 23 IAC 226.520.
Notice of School District’s Proposal: A school district is required to provide written notice to a parent prior to a proposal or refusal to initiate or change the identification, evaluation or educational placement of a child, or the provision of FAPE to a child

at least 10 calendar days prior to the implementation of the change in IEP

23 IAC 226.520  
Request for IEP Meeting: A child’s parent or teacher may request an IEP meeting

at any time

23 IAC 226.220(b)  
Response to Request for IEP Meeting: School district must respond to a parent’s or educational provider’s request for an IEP meeting

within 10 calendar days after request is made

23 IAC 226.220(b) A school district must respond in writing as to its agreement or disagreement, and in compliance with the requirements of 34 C.F.R § 300.503[v].
Notice to Parent of IEP Meeting: School district must provide a written notice of an IEP meeting to parents

at least 10 calendar days prior to meeting

23 IAC 226.530 A school district is responsible for taking necessary action to facilitate the parent’s participation in and understanding of the IEP meetings’ proceedings (including interpreter services)[vi]
New IEP for Transfer Student: School district must provide written notice to a parent of a transfer student regarding a proposed IEP meeting date

within 10 calendar days of enrollment

23 IAC 226.50(a)(1)(B) Until the new IEP is developed, the district shall implement services comparable to those described in the IEP from the sending school district
Adopting Sending District’s IEP for Transfer Student: School district must provide written notice of an IEP meeting to a parent of a transfer student.


 

 

 

 

within 10 calendar days after school records should have been received

23 IAC 226.50(a)(2)(C); See 105 ILCS 5/2-3.13a If records by sending district are received before time elapses, then sending school district’s IEP may be adopted. During this time the receiving school district shall be served in the setting that it believes will meet the child’s needs.
Parent’s Request for IEE: A parent may make a written request for an independent educational evaluation (IEE) at the public’s expense if the parent disagrees with an evaluation obtained by the public agency

at any time after the evaluation by the public agency

105 ILCS 5/14-8.02(b); 34 CFR § 300.502(b)

23 IAC 226.180

 
Response to Request for IEE: School district may respond to a request for an IEE by either ensuring that an IEE is provided or filing a due process complaint to request a hearing to show that its evaluation is appropriate

within 5 calendar days of receipt of written request

105 ILCS 5/14-8.02(b);

34 CFR § 300.502(b)

These are the only options available.
Completion of IEE: Based upon a written request for an IEE by the parents that a district agrees, or decision of a hearing officer if the school district files for due process, an IEE must be completed at the public expense.

within 30 calendar days of either the request or IHO decision

105 ILCS 5/14-8.02(b) This time period may be extended if either the parent or school district offer reasonable grounds to show the 30-day time period should be extended.
IEP Meeting to Discuss Results of an IEE: School district shall provide written notice convening the IEP Team’s meeting to consider the results of an IEE at public expense

within 10 calendar days of receipt of IEE

23 IAC 226.180(d)  
IEP Meeting to Discuss Results of a Private Evaluation: Upon a parent’s request, the school district shall send notice of an IEP meeting to consider the results of a private evaluation

within 10 calendar days of receipt of request

23 IAC 226.180(d)  
Notice of Unilateral Placements: Parents intending to unilaterally place their child in a private program must provide the school with written notice of their intent to remove their child and place him/her in a program chosen by them

at least 10 business days (including any holidays that occur on a business day) prior to the removal of the child

34 CFR § 300.148.(d) This protects the parent’s right to retroactive reimbursement under the Burlington[vii] and Carter[viii]cases.
Revocation of Parental Consent: Parent may revoke consent for any action by the school district orally or in writing; if done orally, school district must put a parent’s oral revocation of consent in writing and provide a copy to the parent

within 5 calendar days of revocation

23 IAC 226.540(a) A parent’s revocation of consent is effective immediately. 23 IAC 226.540(b).

A district is not liable for no longer providing special education or related services to a child whose parent has revoked consent[ix].

Early Intervention Program to School District: For a child transitioning from an early intervention program into a special education program of a school district, school district shall ensure that either an IEP or Individualized Family Service Plan (IFSP) is in effect

on the child’s 3rd Birthday

23 IAC 226.260;

34 CFR § 300.101

Where child’s birthday is during the summer, the IEP Team shall determine when services will begin.
Expiration of Special Education Eligibility: An eligible student must continue to receive special education services from his public school district

until the day before his/her 22nd Birthday

23 IAC 226.50(c)(1);

34 CFR § 300.101

 

 

 

DUE PROCESS

 

Due Process Hearing Requests & Procedures

Required Action

TIMELINE

Law/Regulation

Notes

Request for Due Process Hearing: A parent, guardian or public agency may file a due process complaint regarding a violation related to the identification, evaluation or educational placement of a child with a disability

not more than 2 years after the parent or public agency knew or should have known of the violation

34 CFR § 300.507(a);

105 ILCS 5/14-8.02a(f)

A due process hearing request must be made in writing to the superintendent of the school district where the student resides.
Notification to ISBE of Due Process Request: School district Superintendent shall forward the due process request to the Illinois State Board of Education (ISBE) in Springfield, IL by certified mail or other means that provides evidence of delivery

within 5 calendar days of receipt of request

34 CFR § 300.508(a)(2);

105 ILCS 5/14-8.02a(f);

23 IAC 226.615;

 
Appointment of an Impartial Hearing Officer (IHO): ISBE shall appoint a due process hearing officer, and notify the hearing officer of his/her appointment

within 3 calendar days of receipt of due process request

23 IAC 226.635;

105 ILCS 5/14-8.02a(f-5)

This same timeline applies when ISBE receives a request for a substitution of an IHO (see below) or receives notice that an IHO is ineligible to serve.
Request for IHO Substitution: A request for a substitution of the hearing officer shall be submitted to the Due Process Coordinator at ISBE via letter or facsimile

no later than 5 calendar days of notice of the IHO’s appointment

23 IAC 226.635;

105 ILCS 5/14-8.02a(f-5)

A party is permitted one substitution of an IHO as a matter of right.
School District Response to Due Process Hearing Request: Unless a school district has previously provided prior written notice with regard to the subject matter of the hearing request, a school district must provide a written response to the parent(s) or student[i]

within 10 calendar days of receipt of the hearing request

34 CFR § 300.508(e)(1);

105 ILCS 5/14-8.02a(g-5)

 
Parent/Student Response to Due Process Hearing Request: When a hearing request is initiated by a school district, a parent or student shall provide a written response that specifically addresses the issues raised in the hearing request

within 10 calendar days of receipt of the hearing request

105 ILCS 5/14-8.02a(g-10)

A parent/student response does not need to be in writing if the parent/student is illiterate or has a disability that prevents him/her from providing a written response. The response may also be in the parent/student’s native language.
Sufficiency of Complaint: A party may challenge the sufficiency of the other party’s due process hearing request in writing to the IHO

within 15 calendar days of receipt of the hearing request

34 CFR § 300.508(d)(1);

105 ILCS 5/14-8.02a(g-15)

If the challenge is upheld, the requesting party may file an amended complaint with the consent of the other party or IHO.
Determination on Sufficiency Challenge: The IHO shall issue his/her determination in writing on the challenge to the hearing request’s sufficiency to both parties

within 5 calendar days of receipt of the challenge

34 CFR § 300.508(d)(2);

105 ILCS 5/14-8.02a(g-15)

 
Resolution Session: School district shall convene a resolution meeting with the parent(s) and relevant members of the IEP team who have specific knowledge of the facts contained in the hearing request for the purpose of resolving the problem

within 15 calendar days of receipt of the parent/student’s hearing request or initiating the hearing request

34 CFR § 300.510(a)(1);

105 ILCS 5/14-8.02a(g-20)

The resolution session may be waived by written agreement of the parties; or in the alternative, by the parties’ written agreement to utilize mediation instead.

If not waived, both parties must cooperate in the scheduling of the resolution session or risk dismissal of the hearing request, or granting of all relief set forth in the hearing request, as appropriate.

Resolution Period: Where the issues are not satisfactorily resolved, the due process hearing may occur after the resolution period, which is

 

within 30 calendar days of receipt of the hearing request

34 CFR § 300.510(b);

105 ILCS 5/14-8.02a(g-20)

This timeline is routinely extended.
Revocation of Resolution Agreement: If the resolution session results in an executed written settlement agreement of the parties, a party may void the agreement

within 3 business days of execution

34 CFR § 300.510(e)  
Prehearing Conference: An IHO must convene a prehearing conference with both parties to aid in the fair and expeditious conduct of the hearing

at least 14 calendar days before the scheduled date of the hearing

105 ILCS 5/14-8.02a(g-40) The IHO must provide notice of the prehearing conference to the parties at least   7 calendar days in advance.
Due Process Hearing: A hearing must be conducted and a decision must be made by the IHO and delivered to the parties

 

 

within 45 calendar days after the expiration of the 30-day resolution period or the adjusted time period[ii]

34 CFR § 300.515(a);

105 ILCS 5/14-8.02a(h)

 
IHO’s Decision: The IHO shall issue a written decision[xii], including findings of fact and conclusions of law and send the decision by certified mail to the parents or student (if the student requests the hearing), the school district, the director of special education, legal representatives of the parties, and the State Board of Education

within 10 calendar days after the conclusion of the hearing

105 ILCS 5/14-8.02a(h);

23 IAC 226.670

If necessary, the decision must be translated into the parent/student’s native language. 23 IAC 226.670[xiii]
Request for Clarification: A party may request in writing from an IHO for clarification of his/her due process hearing decision, specifying the portions of the decision for which clarification is sought and mailing a copy of the request to all parties of record and to the State Board of Education

within 5 calendar days of receipt of the decision

105 ILCS 5/14-8.02a(h);

23 IAC 226.670

A copy of the request for clarification must be sent to all parties. The request must specify which portions of the decision require clarification, and why.
Response to Request for Clarification: The IHO shall issue a clarification of the specified portion of the decision or issue a partial or full denial of the request in writing and mail copies to all the parties to whom the decision was mailed

within 10 calendar days of receipt of the request

105 ILCS 5/14-8.02a(h)  

 

Appeal – Civil Action: A party aggrieved by the findings and decisions of the IHO in a due process hearing, may appeal the decision in a court of competent jurisdiction

within 120 calendar days after a copy of the IHO’s decision is mailed to the party

34 CFR § 300.516(a);

105 ILCS 5/14-8.02a(i)

 

 

 

 

SCHOOL DISCIPLINE

 

Regular Education Students

Required Action

TIMELINE

Law/Regulation

Notes

Suspension: A non-disabled student may be suspended for a serious act of misconduct

for 10 consecutive school days or less
(per suspension)

105 ILCS 5/10-22.6(b) The suspension may be longer if for gross disobedience or misconduct on a school bus for safety reasons.

There is no upward limit on the cumulative number of days a non-disabled student may be suspended during the school year.

Notice of Suspension: A parent/guardian must receive a notice of the suspension which includes the reason for the suspension, the length of the suspension, and a notice of the parent/guardian’s right to review the school’s decision

Immediately

105 ILCS 5/10-22.6(b) This notice may be oral or written.
Review of Suspension Decision: A school board or its appointed hearing officer shall review the action of the superintendent, principal, assistant principal or dean of students to suspend, at a meeting where the parent/guardian may appear to discuss the suspension with the board or its hearing officer

upon the request of the parent/guardian

105 ILCS 5/10-22.6(b) If a hearing officer is appointed, he/she shall report to the school board a  written summary of the evidence heard at the meeting.

Upon receiving the written report of the hearing officer or after conducting the meeting, the school board may take action as it finds appropriate.

Expulsion: A non-disabled student may be removed from school for gross disobedience or misconduct for a period of time

from more than 10 school days to a period of time not to exceed 2 school years[xiv]

105 ILCS 5/10-22.6(a);

105 ILCS 5/10-22.6(d)

A student may be expelled only after the parent/guardian has been requested to appear at a meeting with the school board or hearing officer.

Notice of the hearing must be sent by registered or certified mail, and must state the time, place, and purposes of the hearing.

Special Education Students

Required Action

TIMELINE

Law/Regulation

Notes

Suspension: A special education student may be suspended without the need for a manifestation determination review (MDR), consent of parents, or provision of special education services

for up to 10 school days in the school year

34 CFR § 300.530(a);

20 U.S.C. § 1415(k);

23 IAC 226.400

The same notice requirements apply as stated above for non-disabled students.

A suspension of a disabled student for in excess of 10 school days (consecutive or non-consecutive) may be considered a “change of placement”.

Manifestation Determination Review (MDR): If a disabled student is expelled or there is a “change of placement”, the school district shall convene a MDR meeting to determine whether the conduct in question was a caused by or had a substantial relationship to the student’s disability; and whether the conduct was the result of the school district’s failure to implement the IEP

within 10 school days of the decision to expel or “change the placement” of the student

23 IAC 226.400;

34 CFR § 300.530

If the conduct was a result of the student’s disability or due to the failure of the school district to implement the IEP, a functional behavioral assessment (“FBA)” must be conducted and a behavioral intervention plan (BIP) must be implemented or revised if one already exists.
Interim Alternative Educational Setting (IAES): A disabled student may be placed in an IAES, without regard to the result of an MDR, if he/she while at school, on school premises, or at a school function: (1) carries or possesses a weapon[xv]; (2) knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance[xvi], or (3) inflicts serious bodily injury[xvii] upon another person

for up to 45 school days

34 CFR § 300.530(g)  
IEP Meeting for an IAES: School district must convene an IEP meeting after placing a student in an IAES

within 10 business days of the placement decision

34 CFR § 300.530(g)  
Expedited Due Process Hearing Requests: A due process hearing must take place upon a parent/guardian’s request for a due process hearing to challenge any decision regarding the manifestation determination, placement resulting from an MDR, or alternative 45-day placement, OR upon a school district’s request for a hearing to place a student in an alternative 45-day placement

within 20 school days of the request

20 U.S.C. § 1415(k)(1)-(4);

105 ILCS 5/14-8.02b

 
Expedited Due Process Decision: An IHO must issue a decision in a hearing regarding the above inquiries as mandated by statute

within 10 school days of the hearing

20 U.S.C. § 1415(k)(1) & (2)  

 


[i] Official Records Custodian – “(a) Each school shall designate an official records custodian who is responsible for the maintenance, care and security of all school student records, whether or not such records are in his personal custody or control. (b) The official records custodian shall take all reasonable measures to prevent unauthorized access to or dissemination of school student records.” 105 ILCS 10/4(a)-(b).

[ii] Pursuant to 23 IAC 226.110, if the school district determines not to conduct an evaluation it must provide written notice to the parents in accordance with 34 CFR § 300.503(b). Section 300.503(b) states as follows: “The noticed required . . . must include – (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency’s proposal or refusal. 34 CFR § 300.503(b).

[iii] The 60-school day time frame does not commence until the parents have signed the domain review form, providing consent to conduct the indicated assessments. 23 IAC 226.110(c)(3); 34 CFR § 300.305.

[iv] Pursuant to Section 300.306, “In interpreting evaluation data for the purpose of determining if a child is a child with a disability under [34 CFR §300.8], and the educational needs of the child, each public agency must – (i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and (ii) Ensure that information obtained from all of these sources is documented and carefully considered.” 34 CFR § 300.306(c). Further “Upon completion of the administration of assessment and other evaluation measures – . . . [t]he public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.” 34 CFR § 300.306(a)(2). There is no longer a requirement that parents must request these materials.

[v] Section 300.503 states as follows: “(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency – (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or (2) Refuses to initiate or change the identification, evaluation, or education placement of the child or the provision of FAPE to the child. (b) Content of notice. The notice required under paragraph (a) of this section must include – (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency’s proposal or refusal. (c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be – (i) Written in language understandable to the general public; and (ii) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. (2) If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure – (i) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; (ii) That the parent understands the content of the notice; and (iii) That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.” 34 CFR § 300.503 (Emphasis added.)

[vi] Section 226.530 states as follows: “With respect to parents’ participation in meetings, school districts shall conform to the requirements of 34 CFR 300.322 and 300.501.  For purposes of 34 CFR 300.322(a)(1), “notifying parents of the meeting early enough to ensure that they will have an opportunity to attend” means the district shall provide written notification no later than ten days prior to the proposed date of the meeting.  In addition, the district shall take whatever action is necessary to facilitate the parent’s understanding of and participation in the proceedings at a meeting, including arranging for and covering the expense of an interpreter for parents whose native language is other than English or for an interpreter licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 [225 ILCS 443] for parents who are deaf.” 23 IAC 226.530 (Emphasis added.)

[vii] School Committee of Burlington v. Department of Education of Massachusetts, 471 U.S. 359 (1985).

[viii] Florence County School District Four v. Carter, 510 U.S. 7 (1993)

[ix] If a parent fails to respond or refuses to consent to the initial provision of special education services for his/her child (34 CFR § 300.300(b)(3)), or revokes consent to services at any time subsequent to the initial provision of special education and related services (34 CFR § 300.300(b)(4)), the district may not continue to provide such services to the child and will not be considered in violation of the requirement to make FAPE available to the child. 34 CFR § 300.300(b)(3)-(4).

[x] A student may file and respond to a due process hearing request if at least 18 years of age or emancipated. See 105 ILCS 14-8.02a et seq.

[xi] The 45-day timeline for the due process hearing may start after one of the following events: (1) both parties agree in writing to waive the resolution session; (2) after either the mediation or resolution meeting starts but before the end of the 30-day period, parties agree in writing that no agreement is possible; or (3) both parties agree in writing to continue the medication at the end of the 30-day resolution period, but later, a party withdraws from the mediation process. 34 CFR § 300.510(c).

[xii] Pursuant to the Illinois School Code, “[t]he decision shall specify the educational and related services that shall be provided to the student in accordance with the student’s needs and the timeline for which the school district shall submit evidence to the State Board of Education to demonstrate compliance with the hearing officer’s decision in the event that the decision orders the school district to undertake corrective action.” 105 ILCS 5/14-8.02a(h). In other words, the IHO must order a specific placement.

[xiii] “The bases and timelines for decisions of hearing officers shall conform to the requirements of 34 CFR 300.513 and Section 14-8.02a(h) of the School Code [105 ILCS 5/14-8.02a(h)]. In addition, the hearing officer’s decision shall be sent by certified mail to the parties enumerated in Section 14-8.02a(h) of the School Code.  The [hearing] decision shall be translated into the native language of the parents if their primary language is other than English. 23 IAC 226.670 (Emphasis added.)

[xiv] “A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year: (1) A firearm. For the purposes of this Section, ‘firearm’ means any gun, rifle, shotgun, or weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act (430 ILCS 65/1.1), or firearm as defined by Section 24-1 of the Criminal Code of 1961. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent’s determination may be modified by the board on a case-by-case basis. (2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including “look alikes” of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent’s determination may be modified by the board on a case-by-case basis.” 105 ILCS 5/10-22.6(d)(1)-(2).

[xv] Pursuant to Section 300.530(i)(4), “weapon” for the purposes of the IDEA has the meaning given to the term “dangerous weapon” under paragraph (2) of the first subsection (g) of Section 930 of title 18, United States Code. 34 CFR § 300.530(i)(4). Pursuant to that section, “[t]he term ‘dangerous weapon’ means a weapon, device, instrument material, or substance, animate or inanimate, that is used for or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade less than 2½ inches in length.” 18 U.S.C. § 930(g)(2).

[xvi] Pursuant to Section 300.530(i)(1), “controlled substance” means “a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).” 34 CFR § 300.530(i)(1). Further, this same section defines “illegal drug” as “a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.” 34 CFR § 300.530(i)(2). Please note, that the above definition does not include alcohol.

[xvii] Section 300.530(i)(4) refers to the definition of “serious bodily injury” under 18 U.S.C. § 1365. That statute states, “the term “serious bodily injury’ means bodily injury which involves – (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member organ, or mental facility.” 18 U.S.C. § 1365(h)(3).