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 students
25with disabilities who do not qualify for an individualized
26education program, as required by the federal Individuals with



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1Disabilities Education Act and implementing provisions of this
2Code, may qualify for services under Section 504 of the federal
3Rehabilitation Act of 1973 if the child (i) has a physical or
4mental impairment that substantially limits one or more major
5life activities, (ii) has a record of a physical or mental
6impairment, or (iii) is regarded as having a physical or mental
7impairment. A school board shall publish a public notice in its
8newsletter of general circulation or in the newsletter of
9another governmental entity of general circulation in the
10district or if neither is available in the district, then in a
11newspaper of general circulation in the district, the right of
12all children with disabilities to a free appropriate public
13education as provided under this Code. Such notice shall
14identify the location and phone number of the office or agent
15of the school district to whom inquiries should be directed
16regarding the identification, assessment and placement of such
18    School boards shall immediately provide upon request by any
19person written materials and other information that indicates
20the specific policies, procedures, rules and regulations
21regarding the identification, evaluation or educational
22placement of children with disabilities under Section 14-8.02
23of the School Code. Such information shall include information
24regarding all rights and entitlements of such children under
25this Code, and of the opportunity to present complaints with
26respect to any matter relating to educational placement of the



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1student, or the provision of a free appropriate public
2education and to have an impartial due process hearing on the
3complaint. The notice shall inform the parents or guardian in
4the parents' or guardian's native language, unless it is
5clearly not feasible to do so, of their rights and all
6procedures available pursuant to this Act and federal Public
7Law 94-142; it shall be the responsibility of the State
8Superintendent to develop uniform notices setting forth the
9procedures available under this Act and federal Public Law
1094-142, as amended, to be used by all school boards. The notice
11shall also inform the parents or guardian of the availability
12upon request of a list of free or low-cost legal and other
13relevant services available locally to assist parents or
14guardians in exercising rights or entitlements under this Code.
15    Any parent or guardian who is deaf, or does not normally
16communicate using spoken English, who participates in a meeting
17with a representative of a local educational agency for the
18purposes of developing an individualized educational program
19shall be entitled to the services of an interpreter.
20    No student with a disability or, in a school district
21organized under Article 34 of this Code, child with a learning
22disability may be denied promotion, graduation or a general
23diploma on the basis of failing a minimal competency test when
24such failure can be directly related to the disabling condition
25of the student. For the purpose of this Act, "minimal
26competency testing" is defined as tests which are constructed



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1to measure the acquisition of skills to or beyond a certain
2defined standard.
3    Effective July 1, 1966, high school districts are
4financially responsible for the education of pupils with
5disabilities who are residents in their districts when such
6pupils have reached age 15 but may admit children with
7disabilities into special educational facilities without
8regard to graduation from the eighth grade after such pupils
9have reached the age of 14 1/2 years. Upon a pupil with a
10disability attaining the age of 14 1/2 years, it shall be the
11duty of the elementary school district in which the pupil
12resides to notify the high school district in which the pupil
13resides of the pupil's current eligibility for special
14education services, of the pupil's current program, and of all
15evaluation data upon which the current program is based. After
16an examination of that information the high school district may
17accept the current placement and all subsequent timelines shall
18be governed by the current individualized educational program;
19or the high school district may elect to conduct its own
20evaluation and multidisciplinary staff conference and
21formulate its own individualized educational program, in which
22case the procedures and timelines contained in Section 14-8.02
23shall apply.
24(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
25100-201, eff. 8-18-17.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".