Ill. Admin. Code tit. 89 § 828.40

Current through Register Vol. 48, No. 39, September 27, 2024

Section 828.40 - What May Not be Appealed

a) The following matters are not appealable under this Part, but are appealable under the Department of Human Services-Division of Rehabilitation Services

(DHS-DRS) rules found at 89 Ill. Adm. Code 510 (Appeals and Hearings).

1) Matters concerning sex equity or discrimination on the basis of sex as prohibited by the Illinois School Code [105 ILCS 5/10-22.5 and 27-1] and the Education Amendments of 1972 (20 USC 1681) . Matters of sex equity may ultimately be appealed to the State Superintendent of Education.

2) Matters concerning student records as set forth in the Illinois School Student Records Act [105 ILCS 10 ] and the Family Educational Rights and Privacy Act of 1974 (FERPA) ( 20 USC 1232 g).

3) Matters concerning Vocational Rehabilitation Services under the federal Rehabilitation Act of 1973, as amended ( 29 USC 701 et seq.).

b) The following matters are not appealable under this Part:

1) Changes in services or procedures over which DHS-DRS exercises no discretion or control.

2) Issues related to the legality of DHS-DRS rules.

3) Changes in services or procedures that are mandated by federal or State law or regulation.

Ill. Admin. Code tit. 89, § 828.40

Amended at 37 Ill. Reg. 6358, effective April 25, 2013