State of Illinois
2017 and 2018


Introduced , by Rep. Deb Conroy


105 ILCS 5/14-6.01  from Ch. 122, par. 14-6.01

    Amends the School Code. Provides that, beginning with the 2018-2019 school year, a school board shall notify students and the parents or guardians of students, electronically or in the form of a letter, that a student may be eligible to receive mental health services from the school district under a federal Section 504 plan. Effective immediately.

LRB100 19591 AXK 34861 b






HB5770LRB100 19591 AXK 34861 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
514-6.01 as follows:
6    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
7    Sec. 14-6.01. Powers and duties of school boards. School
8boards of one or more school districts establishing and
9maintaining any of the educational facilities described in this
10Article shall, in connection therewith, exercise similar
11powers and duties as are prescribed by law for the
12establishment, maintenance and management of other recognized
13educational facilities. Such school boards shall include only
14eligible children in the program and shall comply with all the
15requirements of this Article and all rules and regulations
16established by the State Board of Education. Such school boards
17shall accept in part-time attendance children with
18disabilities of the types described in Sections 14-1.02 through
1914-1.07 who are enrolled in nonpublic schools. A request for
20part-time attendance must be submitted by a parent or guardian
21of the child with a disability and may be made only to those
22public schools located in the district where the child
23attending the nonpublic school resides; however, nothing in



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1this Section shall be construed as prohibiting an agreement
2between the district where the child resides and another public
3school district to provide special educational services if such
4an arrangement is deemed more convenient and economical.
5Special education and related services must be provided in
6accordance with the student's IEP no later than 10 school
7attendance days after notice is provided to the parents
8pursuant to Section 300.503 of Title 34 of the Code of Federal
9Regulations and implementing rules adopted by the State Board
10of Education. Transportation for students in part time
11attendance shall be provided only if required in the child's
12individualized educational program on the basis of the child's
13disabling condition or as the special education program
14location may require.
15    A school board shall publish a public notice in its
16newsletter of general circulation or in the newsletter of
17another governmental entity of general circulation in the
18district or if neither is available in the district, then in a
19newspaper of general circulation in the district, the right of
20all children with disabilities to a free appropriate public
21education as provided under this Code. Such notice shall
22identify the location and phone number of the office or agent
23of the school district to whom inquiries should be directed
24regarding the identification, assessment and placement of such
26    School boards shall immediately provide upon request by any



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1person written materials and other information that indicates
2the specific policies, procedures, rules and regulations
3regarding the identification, evaluation or educational
4placement of children with disabilities under Section 14-8.02
5of the School Code. Such information shall include information
6regarding all rights and entitlements of such children under
7this Code, and of the opportunity to present complaints with
8respect to any matter relating to educational placement of the
9student, or the provision of a free appropriate public
10education and to have an impartial due process hearing on the
11complaint. The notice shall inform the parents or guardian in
12the parents' or guardian's native language, unless it is
13clearly not feasible to do so, of their rights and all
14procedures available pursuant to this Act and federal Public
15Law 94-142; it shall be the responsibility of the State
16Superintendent to develop uniform notices setting forth the
17procedures available under this Act and federal Public Law
1894-142, as amended, to be used by all school boards. The notice
19shall also inform the parents or guardian of the availability
20upon request of a list of free or low-cost legal and other
21relevant services available locally to assist parents or
22guardians in exercising rights or entitlements under this Code.
23    Beginning with the 2018-2019 school year, a school board
24shall notify the school district's students and the parents or
25guardians of those students, electronically or in the form of a
26letter, that a student may be eligible to receive mental health



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1services from the school district under a federal Section 504
3    Any parent or guardian who is deaf, or does not normally
4communicate using spoken English, who participates in a meeting
5with a representative of a local educational agency for the
6purposes of developing an individualized educational program
7shall be entitled to the services of an interpreter.
8    No student with a disability or, in a school district
9organized under Article 34 of this Code, child with a learning
10disability may be denied promotion, graduation or a general
11diploma on the basis of failing a minimal competency test when
12such failure can be directly related to the disabling condition
13of the student. For the purpose of this Act, "minimal
14competency testing" is defined as tests which are constructed
15to measure the acquisition of skills to or beyond a certain
16defined standard.
17    Effective July 1, 1966, high school districts are
18financially responsible for the education of pupils with
19disabilities who are residents in their districts when such
20pupils have reached age 15 but may admit children with
21disabilities into special educational facilities without
22regard to graduation from the eighth grade after such pupils
23have reached the age of 14 1/2 years. Upon a pupil with a
24disability attaining the age of 14 1/2 years, it shall be the
25duty of the elementary school district in which the pupil
26resides to notify the high school district in which the pupil



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1resides of the pupil's current eligibility for special
2education services, of the pupil's current program, and of all
3evaluation data upon which the current program is based. After
4an examination of that information the high school district may
5accept the current placement and all subsequent timelines shall
6be governed by the current individualized educational program;
7or the high school district may elect to conduct its own
8evaluation and multidisciplinary staff conference and
9formulate its own individualized educational program, in which
10case the procedures and timelines contained in Section 14-8.02
11shall apply.
12(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
13100-201, eff. 8-18-17.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.