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Full Text of SB0454  100th General Assembly

SB0454enr 100TH GENERAL ASSEMBLY



 


 
SB0454 EnrolledLRB100 04896 MLM 14906 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
514-8.02 and adding Section 14-8.02f as follows:
 
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    Sec. 14-8.02. Identification, evaluation, and placement of
8children.
9    (a) The State Board of Education shall make rules under
10which local school boards shall determine the eligibility of
11children to receive special education. Such rules shall ensure
12that a free appropriate public education be available to all
13children with disabilities as defined in Section 14-1.02. The
14State Board of Education shall require local school districts
15to administer non-discriminatory procedures or tests to
16English learners coming from homes in which a language other
17than English is used to determine their eligibility to receive
18special education. The placement of low English proficiency
19students in special education programs and facilities shall be
20made in accordance with the test results reflecting the
21student's linguistic, cultural and special education needs.
22For purposes of determining the eligibility of children the
23State Board of Education shall include in the rules definitions

 

 

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1of "case study", "staff conference", "individualized
2educational program", and "qualified specialist" appropriate
3to each category of children with disabilities as defined in
4this Article. For purposes of determining the eligibility of
5children from homes in which a language other than English is
6used, the State Board of Education shall include in the rules
7definitions for "qualified bilingual specialists" and
8"linguistically and culturally appropriate individualized
9educational programs". For purposes of this Section, as well as
10Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
11"parent" means a parent as defined in the federal Individuals
12with Disabilities Education Act (20 U.S.C. 1401(23)).
13    (b) No child shall be eligible for special education
14facilities except with a carefully completed case study fully
15reviewed by professional personnel in a multidisciplinary
16staff conference and only upon the recommendation of qualified
17specialists or a qualified bilingual specialist, if available.
18At the conclusion of the multidisciplinary staff conference,
19the parent of the child shall be given a copy of the
20multidisciplinary conference summary report and
21recommendations, which includes options considered, and be
22informed of their right to obtain an independent educational
23evaluation if they disagree with the evaluation findings
24conducted or obtained by the school district. If the school
25district's evaluation is shown to be inappropriate, the school
26district shall reimburse the parent for the cost of the

 

 

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1independent evaluation. The State Board of Education shall,
2with advice from the State Advisory Council on Education of
3Children with Disabilities on the inclusion of specific
4independent educational evaluators, prepare a list of
5suggested independent educational evaluators. The State Board
6of Education shall include on the list clinical psychologists
7licensed pursuant to the Clinical Psychologist Licensing Act.
8Such psychologists shall not be paid fees in excess of the
9amount that would be received by a school psychologist for
10performing the same services. The State Board of Education
11shall supply school districts with such list and make the list
12available to parents at their request. School districts shall
13make the list available to parents at the time they are
14informed of their right to obtain an independent educational
15evaluation. However, the school district may initiate an
16impartial due process hearing under this Section within 5 days
17of any written parent request for an independent educational
18evaluation to show that its evaluation is appropriate. If the
19final decision is that the evaluation is appropriate, the
20parent still has a right to an independent educational
21evaluation, but not at public expense. An independent
22educational evaluation at public expense must be completed
23within 30 days of a parent written request unless the school
24district initiates an impartial due process hearing or the
25parent or school district offers reasonable grounds to show
26that such 30 day time period should be extended. If the due

 

 

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1process hearing decision indicates that the parent is entitled
2to an independent educational evaluation, it must be completed
3within 30 days of the decision unless the parent or the school
4district offers reasonable grounds to show that such 30 day
5period should be extended. If a parent disagrees with the
6summary report or recommendations of the multidisciplinary
7conference or the findings of any educational evaluation which
8results therefrom, the school district shall not proceed with a
9placement based upon such evaluation and the child shall remain
10in his or her regular classroom setting. No child shall be
11eligible for admission to a special class for children with a
12mental disability who are educable or for children with a
13mental disability who are trainable except with a psychological
14evaluation and recommendation by a school psychologist.
15Consent shall be obtained from the parent of a child before any
16evaluation is conducted. If consent is not given by the parent
17or if the parent disagrees with the findings of the evaluation,
18then the school district may initiate an impartial due process
19hearing under this Section. The school district may evaluate
20the child if that is the decision resulting from the impartial
21due process hearing and the decision is not appealed or if the
22decision is affirmed on appeal. The determination of
23eligibility shall be made and the IEP meeting shall be
24completed within 60 school days from the date of written
25parental consent. In those instances when written parental
26consent is obtained with fewer than 60 pupil attendance days

 

 

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1left in the school year, the eligibility determination shall be
2made and the IEP meeting shall be completed prior to the first
3day of the following school year. Special education and related
4services must be provided in accordance with the student's IEP
5no later than 10 school attendance days after notice is
6provided to the parents pursuant to Section 300.503 of Title 34
7of the Code of Federal Regulations and implementing rules
8adopted by the State Board of Education. The appropriate
9program pursuant to the individualized educational program of
10students whose native tongue is a language other than English
11shall reflect the special education, cultural and linguistic
12needs. No later than September 1, 1993, the State Board of
13Education shall establish standards for the development,
14implementation and monitoring of appropriate bilingual special
15individualized educational programs. The State Board of
16Education shall further incorporate appropriate monitoring
17procedures to verify implementation of these standards. The
18district shall indicate to the parent and the State Board of
19Education the nature of the services the child will receive for
20the regular school term while waiting placement in the
21appropriate special education class. At the child's initial IEP
22meeting and at each annual review meeting, the child's IEP team
23shall provide the child's parent or guardian with a written
24notification that informs the parent or guardian that the IEP
25team is required to consider whether the child requires
26assistive technology in order to receive free, appropriate

 

 

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1public education. The notification must also include a
2toll-free telephone number and internet address for the State's
3assistive technology program.
4    If the child is deaf, hard of hearing, blind, or visually
5impaired and he or she might be eligible to receive services
6from the Illinois School for the Deaf or the Illinois School
7for the Visually Impaired, the school district shall notify the
8parents, in writing, of the existence of these schools and the
9services they provide and shall make a reasonable effort to
10inform the parents of the existence of other, local schools
11that provide similar services and the services that these other
12schools provide. This notification shall include without
13limitation information on school services, school admissions
14criteria, and school contact information.
15    In the development of the individualized education program
16for a student who has a disability on the autism spectrum
17(which includes autistic disorder, Asperger's disorder,
18pervasive developmental disorder not otherwise specified,
19childhood disintegrative disorder, and Rett Syndrome, as
20defined in the Diagnostic and Statistical Manual of Mental
21Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
22consider all of the following factors:
23        (1) The verbal and nonverbal communication needs of the
24    child.
25        (2) The need to develop social interaction skills and
26    proficiencies.

 

 

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1        (3) The needs resulting from the child's unusual
2    responses to sensory experiences.
3        (4) The needs resulting from resistance to
4    environmental change or change in daily routines.
5        (5) The needs resulting from engagement in repetitive
6    activities and stereotyped movements.
7        (6) The need for any positive behavioral
8    interventions, strategies, and supports to address any
9    behavioral difficulties resulting from autism spectrum
10    disorder.
11        (7) Other needs resulting from the child's disability
12    that impact progress in the general curriculum, including
13    social and emotional development.
14Public Act 95-257 does not create any new entitlement to a
15service, program, or benefit, but must not affect any
16entitlement to a service, program, or benefit created by any
17other law.
18    If the student may be eligible to participate in the
19Home-Based Support Services Program for Adults with Mental
20Disabilities authorized under the Developmental Disability and
21Mental Disability Services Act upon becoming an adult, the
22student's individualized education program shall include plans
23for (i) determining the student's eligibility for those
24home-based services, (ii) enrolling the student in the program
25of home-based services, and (iii) developing a plan for the
26student's most effective use of the home-based services after

 

 

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1the student becomes an adult and no longer receives special
2educational services under this Article. The plans developed
3under this paragraph shall include specific actions to be taken
4by specified individuals, agencies, or officials.
5    (c) In the development of the individualized education
6program for a student who is functionally blind, it shall be
7presumed that proficiency in Braille reading and writing is
8essential for the student's satisfactory educational progress.
9For purposes of this subsection, the State Board of Education
10shall determine the criteria for a student to be classified as
11functionally blind. Students who are not currently identified
12as functionally blind who are also entitled to Braille
13instruction include: (i) those whose vision loss is so severe
14that they are unable to read and write at a level comparable to
15their peers solely through the use of vision, and (ii) those
16who show evidence of progressive vision loss that may result in
17functional blindness. Each student who is functionally blind
18shall be entitled to Braille reading and writing instruction
19that is sufficient to enable the student to communicate with
20the same level of proficiency as other students of comparable
21ability. Instruction should be provided to the extent that the
22student is physically and cognitively able to use Braille.
23Braille instruction may be used in combination with other
24special education services appropriate to the student's
25educational needs. The assessment of each student who is
26functionally blind for the purpose of developing the student's

 

 

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1individualized education program shall include documentation
2of the student's strengths and weaknesses in Braille skills.
3Each person assisting in the development of the individualized
4education program for a student who is functionally blind shall
5receive information describing the benefits of Braille
6instruction. The individualized education program for each
7student who is functionally blind shall specify the appropriate
8learning medium or media based on the assessment report.
9    (d) To the maximum extent appropriate, the placement shall
10provide the child with the opportunity to be educated with
11children who do not have a disability; provided that children
12with disabilities who are recommended to be placed into regular
13education classrooms are provided with supplementary services
14to assist the children with disabilities to benefit from the
15regular classroom instruction and are included on the teacher's
16regular education class register. Subject to the limitation of
17the preceding sentence, placement in special classes, separate
18schools or other removal of the child with a disability from
19the regular educational environment shall occur only when the
20nature of the severity of the disability is such that education
21in the regular classes with the use of supplementary aids and
22services cannot be achieved satisfactorily. The placement of
23English learners with disabilities shall be in non-restrictive
24environments which provide for integration with peers who do
25not have disabilities in bilingual classrooms. Annually, each
26January, school districts shall report data on students from

 

 

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1non-English speaking backgrounds receiving special education
2and related services in public and private facilities as
3prescribed in Section 2-3.30. If there is a disagreement
4between parties involved regarding the special education
5placement of any child, either in-state or out-of-state, the
6placement is subject to impartial due process procedures
7described in Article 10 of the Rules and Regulations to Govern
8the Administration and Operation of Special Education.
9    (e) No child who comes from a home in which a language
10other than English is the principal language used may be
11assigned to any class or program under this Article until he
12has been given, in the principal language used by the child and
13used in his home, tests reasonably related to his cultural
14environment. All testing and evaluation materials and
15procedures utilized for evaluation and placement shall not be
16linguistically, racially or culturally discriminatory.
17    (f) Nothing in this Article shall be construed to require
18any child to undergo any physical examination or medical
19treatment whose parents object thereto on the grounds that such
20examination or treatment conflicts with his religious beliefs.
21    (g) School boards or their designee shall provide to the
22parents of a child prior written notice of any decision (a)
23proposing to initiate or change, or (b) refusing to initiate or
24change, the identification, evaluation, or educational
25placement of the child or the provision of a free appropriate
26public education to their child, and the reasons therefor. Such

 

 

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1written notification shall also inform the parent of the
2opportunity to present complaints with respect to any matter
3relating to the educational placement of the student, or the
4provision of a free appropriate public education and to have an
5impartial due process hearing on the complaint. The notice
6shall inform the parents in the parents' native language,
7unless it is clearly not feasible to do so, of their rights and
8all procedures available pursuant to this Act and the federal
9Individuals with Disabilities Education Improvement Act of
102004 (Public Law 108-446); it shall be the responsibility of
11the State Superintendent to develop uniform notices setting
12forth the procedures available under this Act and the federal
13Individuals with Disabilities Education Improvement Act of
142004 (Public Law 108-446) to be used by all school boards. The
15notice shall also inform the parents of the availability upon
16request of a list of free or low-cost legal and other relevant
17services available locally to assist parents in initiating an
18impartial due process hearing. The State Superintendent shall
19revise the uniform notices required by this subsection (g) to
20reflect current law and procedures at least once every 2 years.
21Any parent who is deaf, or does not normally communicate using
22spoken English, who participates in a meeting with a
23representative of a local educational agency for the purposes
24of developing an individualized educational program shall be
25entitled to the services of an interpreter.
26    (g-5) For purposes of this subsection (g-5), "qualified

 

 

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1professional" means an individual who holds credentials to
2evaluate the child in the domain or domains for which an
3evaluation is sought or an intern working under the direct
4supervision of a qualified professional, including a master's
5or doctoral degree candidate.
6    To ensure that a parent can participate fully and
7effectively with school personnel in the development of
8appropriate educational and related services for his or her
9child, the parent, an independent educational evaluator, or a
10qualified professional retained by or on behalf of a parent or
11child must be afforded reasonable access to educational
12facilities, personnel, classrooms, and buildings and to the
13child as provided in this subsection (g-5). The requirements of
14this subsection (g-5) apply to any public school facility,
15building, or program and to any facility, building, or program
16supported in whole or in part by public funds. Prior to
17visiting a school, school building, or school facility, the
18parent, independent educational evaluator, or qualified
19professional may be required by the school district to inform
20the building principal or supervisor in writing of the proposed
21visit, the purpose of the visit, and the approximate duration
22of the visit. The visitor and the school district shall arrange
23the visit or visits at times that are mutually agreeable.
24Visitors shall comply with school safety, security, and
25visitation policies at all times. School district visitation
26policies must not conflict with this subsection (g-5). Visitors

 

 

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1shall be required to comply with the requirements of applicable
2privacy laws, including those laws protecting the
3confidentiality of education records such as the federal Family
4Educational Rights and Privacy Act and the Illinois School
5Student Records Act. The visitor shall not disrupt the
6educational process.
7        (1) A parent must be afforded reasonable access of
8    sufficient duration and scope for the purpose of observing
9    his or her child in the child's current educational
10    placement, services, or program or for the purpose of
11    visiting an educational placement or program proposed for
12    the child.
13        (2) An independent educational evaluator or a
14    qualified professional retained by or on behalf of a parent
15    or child must be afforded reasonable access of sufficient
16    duration and scope for the purpose of conducting an
17    evaluation of the child, the child's performance, the
18    child's current educational program, placement, services,
19    or environment, or any educational program, placement,
20    services, or environment proposed for the child, including
21    interviews of educational personnel, child observations,
22    assessments, tests or assessments of the child's
23    educational program, services, or placement or of any
24    proposed educational program, services, or placement. If
25    one or more interviews of school personnel are part of the
26    evaluation, the interviews must be conducted at a mutually

 

 

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1    agreed upon time, date, and place that do not interfere
2    with the school employee's school duties. The school
3    district may limit interviews to personnel having
4    information relevant to the child's current educational
5    services, program, or placement or to a proposed
6    educational service, program, or placement.
7    (h) (Blank).
8    (i) (Blank).
9    (j) (Blank).
10    (k) (Blank).
11    (l) (Blank).
12    (m) (Blank).
13    (n) (Blank).
14    (o) (Blank).
15(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
1699-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
 
17    (105 ILCS 5/14-8.02f new)
18    Sec. 14-8.02f. Individualized education program meeting;
19municipality with 1,000,000 or more inhabitants.
20    (a) This Section only applies to school districts organized
21under Article 34 of this Code.
22    (b) No later than 10 calendar days prior to a child's
23individualized education program meeting or as soon as possible
24if a meeting is scheduled within 10 calendar days with written
25parental consent, the school board or school personnel must

 

 

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1provide the child's parent or guardian with a written
2notification of the services that require a specific data
3collection procedure from the school district for services
4related to the child's individualized education program. The
5notification must indicate, with a checkbox, whether specific
6data has been collected for the child's individualized
7education program services. For purposes of this subsection
8(b), individualized education program services must include,
9but are not limited to, paraprofessional support, an extended
10school year, transportation, therapeutic day school, and
11services for specific learning disabilities.
12    (c) No later than 5 school days prior to a child's
13individualized education program meeting or as soon as possible
14if a meeting is scheduled within 5 school days with written
15parental consent, the school board or school personnel must
16provide the child's parent or guardian with a draft
17individualized education program. The draft must contain all
18relevant information collected about the child and must
19include, but is not limited to, the program's goals, draft
20accommodations and modifications, copies of all conducted
21evaluations, and any collected data.
22    (d) If a child's individualized education program team
23determines that certain services are required in order for the
24child to receive a free, appropriate public education and those
25services are not implemented within 10 school days after the
26team's determination, then the school board shall provide the

 

 

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1child's parent or guardian with notification that those
2services have not yet been administered to the child.
3    (e) The State Board of Education may create a telephone
4hotline to address complaints regarding the special education
5services or lack of special education services of a school
6district subject to this Section. If a hotline is created, it
7must be available to all students enrolled in the school
8district, parents or guardians of those students, and school
9personnel. If a hotline is created, any complaints received
10through the hotline must be registered and recorded with the
11State Board's monitor of special education policies. No
12student, parent or guardian, or member of school personnel may
13be retaliated against for submitting a complaint through a
14telephone hotline created by the State Board under this
15subsection (e).
16    (f) A school district subject to this Section may not use
17any measure that would prevent or delay an individualized
18education program team from adding a service to the program or
19create a time restriction in which a service is prohibited from
20being added to the program. The school district may not build
21functions into its computer software that would remove any
22services from a student's individualized education program
23without the approval of the program team and may not prohibit
24the program team from adding a service to the program.
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.