HB5770 EnrolledLRB100 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    Beginning with the 2019-2020 school year, a school board
16shall post on its Internet website, if any, and incorporate
17into its student handbook or newsletter notice that students
18with disabilities who do not qualify for an individualized
19education program, as required by the federal Individuals with
20Disabilities Education Act and implementing provisions of this
21Code, may qualify for services under Section 504 of the federal
22Rehabilitation Act of 1973 if the child (i) has a physical or
23mental impairment that substantially limits one or more major
24life activities, (ii) has a record of a physical or mental
25impairment, or (iii) is regarded as having a physical or mental
26impairment. A school board shall publish a public notice in its



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1newsletter of general circulation or in the newsletter of
2another governmental entity of general circulation in the
3district or if neither is available in the district, then in a
4newspaper of general circulation in the district, the right of
5all children with disabilities to a free appropriate public
6education as provided under this Code. Such notice shall
7identify the location and phone number of the office or agent
8of the school district to whom inquiries should be directed
9regarding the identification, assessment and placement of such
11    School boards shall immediately provide upon request by any
12person written materials and other information that indicates
13the specific policies, procedures, rules and regulations
14regarding the identification, evaluation or educational
15placement of children with disabilities under Section 14-8.02
16of the School Code. Such information shall include information
17regarding all rights and entitlements of such children under
18this Code, and of the opportunity to present complaints with
19respect to any matter relating to educational placement of the
20student, or the provision of a free appropriate public
21education and to have an impartial due process hearing on the
22complaint. The notice shall inform the parents or guardian in
23the parents' or guardian's native language, unless it is
24clearly not feasible to do so, of their rights and all
25procedures available pursuant to this Act and federal Public
26Law 94-142; it shall be the responsibility of the State



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1Superintendent to develop uniform notices setting forth the
2procedures available under this Act and federal Public Law
394-142, as amended, to be used by all school boards. The notice
4shall also inform the parents or guardian of the availability
5upon request of a list of free or low-cost legal and other
6relevant services available locally to assist parents or
7guardians in exercising rights or entitlements under this Code.
8    Any parent or guardian who is deaf, or does not normally
9communicate using spoken English, who participates in a meeting
10with a representative of a local educational agency for the
11purposes of developing an individualized educational program
12shall be entitled to the services of an interpreter.
13    No student with a disability or, in a school district
14organized under Article 34 of this Code, child with a learning
15disability may be denied promotion, graduation or a general
16diploma on the basis of failing a minimal competency test when
17such failure can be directly related to the disabling condition
18of the student. For the purpose of this Act, "minimal
19competency testing" is defined as tests which are constructed
20to measure the acquisition of skills to or beyond a certain
21defined standard.
22    Effective July 1, 1966, high school districts are
23financially responsible for the education of pupils with
24disabilities who are residents in their districts when such
25pupils have reached age 15 but may admit children with
26disabilities into special educational facilities without



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1regard to graduation from the eighth grade after such pupils
2have reached the age of 14 1/2 years. Upon a pupil with a
3disability attaining the age of 14 1/2 years, it shall be the
4duty of the elementary school district in which the pupil
5resides to notify the high school district in which the pupil
6resides of the pupil's current eligibility for special
7education services, of the pupil's current program, and of all
8evaluation data upon which the current program is based. After
9an examination of that information the high school district may
10accept the current placement and all subsequent timelines shall
11be governed by the current individualized educational program;
12or the high school district may elect to conduct its own
13evaluation and multidisciplinary staff conference and
14formulate its own individualized educational program, in which
15case the procedures and timelines contained in Section 14-8.02
16shall apply.
17(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
18100-201, eff. 8-18-17.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.