Sen. Melinda Bush

Filed: 5/18/2018





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2    AMENDMENT NO. ______. Amend House Bill 5770 by replacing
3everything after the enacting clause with the following:
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



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1shall accept in part-time attendance children with
2disabilities of the types described in Sections 14-1.02 through
314-1.07 who are enrolled in nonpublic schools. A request for
4part-time attendance must be submitted by a parent or guardian
5of the child with a disability and may be made only to those
6public schools located in the district where the child
7attending the nonpublic school resides; however, nothing in
8this Section shall be construed as prohibiting an agreement
9between the district where the child resides and another public
10school district to provide special educational services if such
11an arrangement is deemed more convenient and economical.
12Special education and related services must be provided in
13accordance with the student's IEP no later than 10 school
14attendance days after notice is provided to the parents
15pursuant to Section 300.503 of Title 34 of the Code of Federal
16Regulations and implementing rules adopted by the State Board
17of Education. Transportation for students in part time
18attendance shall be provided only if required in the child's
19individualized educational program on the basis of the child's
20disabling condition or as the special education program
21location may require.
22    Beginning with the 2019-2020 school year, a school board
23shall post on its Internet website, if any, and incorporate
24into its student handbook or newsletter notice that the school
25district provides a free, appropriate public education in the
26least restrictive environment and necessary related services



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1to all children with mental health and physical disabilities
2who are enrolled in the school district, as required by the
3federal Individuals With Disabilities Education Act, Section
4504 of the federal Rehabilitation Act of 1973, the federal
5Americans With Disabilities Act of 1990, and this Code. A
6school board shall publish a public notice in its newsletter of
7general circulation or in the newsletter of another
8governmental entity of general circulation in the district or
9if neither is available in the district, then in a newspaper of
10general circulation in the district, the right of all children
11with disabilities to a free appropriate public education as
12provided under this Code. Such notice shall identify the
13location and phone number of the office or agent of the school
14district to whom inquiries should be directed regarding the
15identification, assessment and placement of such children.
16    School boards shall immediately provide upon request by any
17person written materials and other information that indicates
18the specific policies, procedures, rules and regulations
19regarding the identification, evaluation or educational
20placement of children with disabilities under Section 14-8.02
21of the School Code. Such information shall include information
22regarding all rights and entitlements of such children under
23this Code, and of the opportunity to present complaints with
24respect to any matter relating to educational placement of the
25student, or the provision of a free appropriate public
26education and to have an impartial due process hearing on the



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1complaint. The notice shall inform the parents or guardian in
2the parents' or guardian's native language, unless it is
3clearly not feasible to do so, of their rights and all
4procedures available pursuant to this Act and federal Public
5Law 94-142; it shall be the responsibility of the State
6Superintendent to develop uniform notices setting forth the
7procedures available under this Act and federal Public Law
894-142, as amended, to be used by all school boards. The notice
9shall also inform the parents or guardian of the availability
10upon request of a list of free or low-cost legal and other
11relevant services available locally to assist parents or
12guardians in exercising rights or entitlements under this Code.
13    Any parent or guardian who is deaf, or does not normally
14communicate using spoken English, who participates in a meeting
15with a representative of a local educational agency for the
16purposes of developing an individualized educational program
17shall be entitled to the services of an interpreter.
18    No student with a disability or, in a school district
19organized under Article 34 of this Code, child with a learning
20disability may be denied promotion, graduation or a general
21diploma on the basis of failing a minimal competency test when
22such failure can be directly related to the disabling condition
23of the student. For the purpose of this Act, "minimal
24competency testing" is defined as tests which are constructed
25to measure the acquisition of skills to or beyond a certain
26defined standard.



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1    Effective July 1, 1966, high school districts are
2financially responsible for the education of pupils with
3disabilities who are residents in their districts when such
4pupils have reached age 15 but may admit children with
5disabilities into special educational facilities without
6regard to graduation from the eighth grade after such pupils
7have reached the age of 14 1/2 years. Upon a pupil with a
8disability attaining the age of 14 1/2 years, it shall be the
9duty of the elementary school district in which the pupil
10resides to notify the high school district in which the pupil
11resides of the pupil's current eligibility for special
12education services, of the pupil's current program, and of all
13evaluation data upon which the current program is based. After
14an examination of that information the high school district may
15accept the current placement and all subsequent timelines shall
16be governed by the current individualized educational program;
17or the high school district may elect to conduct its own
18evaluation and multidisciplinary staff conference and
19formulate its own individualized educational program, in which
20case the procedures and timelines contained in Section 14-8.02
21shall apply.
22(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
23100-201, eff. 8-18-17.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".