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Public Act 101-0598


 

Public Act 0598 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0598
 
SB0460 EnrolledLRB101 04221 AXK 49229 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
14-8.02f and by renumbering and changing Section 14-8.02g as
added by Public Act 101-515 as follows:
 
    (105 ILCS 5/14-8.02f)
    Sec. 14-8.02f. Individualized education program meeting
protections.
    (a) (Blank).
    (b) This subsection (b) applies only to a school district
organized under Article 34. No later than 10 calendar days
prior to a child's individualized education program meeting or
as soon as possible if a meeting is scheduled within 10
calendar days with written parental consent, the school board
or school personnel must provide the child's parent or guardian
with a written notification of the services that require a
specific data collection procedure from the school district for
services related to the child's individualized education
program. The notification must indicate, with a checkbox,
whether specific data has been collected for the child's
individualized education program services. For purposes of
this subsection (b), individualized education program services
must include, but are not limited to, paraprofessional support,
an extended school year, transportation, therapeutic day
school, and services for specific learning disabilities.
    (c) Beginning on July 1, 2020, no No later than 3 school
days prior to a child's individualized education program
eligibility meeting or meeting to review a child's
individualized education program, or as soon as possible if an
individualized education program meeting is scheduled within 3
school days with the written consent of the child's parent or
guardian, the local education agency must provide the child's
parent or guardian with copies of all written material that
will be considered by the individualized education program team
at the meeting so that the parent or guardian may participate
in the meeting as a fully-informed team member. The written
material must include, but is not limited to, all evaluations
and collected data that will be considered at the meeting and,
for a child who already has an individualized education
program, a copy of all individualized education program
components that will be discussed by the individualized
education program team, other than the components related to
the educational and related service minutes proposed for the
child and the child's educational placement.
    (d) Local education agencies must make related service logs
that record the type of related services administered under the
child's individualized education program and the minutes of
each type of related service that has been administered
available to the child's parent or guardian at the annual
review of the child's individualized education program and must
also provide a copy of the related service logs at any time
upon request of the child's parent or guardian. The local
education agency must inform the child's parent or guardian
within 20 school days from the beginning of the school year or
upon establishment of an individualized education program of
his or her ability to request those related service logs. If a
child's individualized education program team determines that
certain services are required in order for the child to receive
a free, appropriate public education and those services are not
administered within 10 school days after a date or frequency
set forth by the child's individualized education program, then
the local education agency shall provide the child's parent or
guardian with written notification that those services have not
yet been administered to the child. The notification must be
provided to the child's parent or guardian within 3 school days
of the local education agency's non-compliance with the child's
individualized education program and must include information
on the parent's or guardian's ability to request compensatory
services. In this subsection (d), "school days" does not
include days where a child is absent from school for reasons
unrelated to a lack of individualized education program
services.
    (e) The State Board of Education may create a telephone
hotline to address complaints regarding the special education
services or lack of special education services of a school
district subject to this Section. If a hotline is created, it
must be available to all students enrolled in the school
district, parents or guardians of those students, and school
personnel. If a hotline is created, any complaints received
through the hotline must be registered and recorded with the
State Board's monitor of special education policies. No
student, parent or guardian, or member of school personnel may
be retaliated against for submitting a complaint through a
telephone hotline created by the State Board under this
subsection (e).
    (f) A school district subject to this Section may not use
any measure that would prevent or delay an individualized
education program team from adding a service to the program or
create a time restriction in which a service is prohibited from
being added to the program. The school district may not build
functions into its computer software that would remove any
services from a student's individualized education program
without the approval of the program team and may not prohibit
the program team from adding a service to the program.
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19.)
 
    (105 ILCS 5/14-8.02h)
    Sec. 14-8.02h 14-8.02g. Response to scientific,
research-based intervention.
    (a) In this Section, "response to scientific,
research-based intervention" or "multi-tiered systems of
support" means a tiered process of school support that utilizes
differentiated instructional strategies for students, provides
students with scientific, research-based interventions,
continuously monitors student performance using
scientifically, research-based progress monitoring
instruments, and makes educational decisions based on a
student's response to the interventions. Response to
scientific, research-based intervention or multi-tiered
systems of support use a problem-solving method to define the
problem, analyze the problem using data to determine why there
is a discrepancy between what is expected and what is
occurring, establish one or more student performance goals,
develop an intervention plan to address the performance goals,
and delineate how the student's progress will be monitored and
how implementation integrity will be ensured.
    (b) A school district may must utilize response to
scientific, research-based intervention or multi-tiered
systems of support as part of an evaluation procedure to
determine if a child is eligible for special education services
due to a specific learning disability. A school district may
utilize the data generated during the response to scientific,
research-based intervention or multi-tiered systems of support
process in an evaluation to determine if a child is eligible
for special education services due to any category of
disability.
    (c) The response to scientific, research-based
intervention or multi-tiered systems of support process must
involve a collaborative team approach, with the parent or
guardian of a student being part of the collaborative team. The
parent or guardian of a student must be involved in the data
sharing and decision-making processes of support under this
Section. The State Board of Education may provide guidance to a
school district and identify available resources related to
facilitating parental or guardian participation in the
response to scientific, research-based intervention or
multi-tiered systems of support process.
    (d) Nothing in this Section affects the responsibility of a
school district to identify, locate, and evaluate children with
disabilities who are in need of special education services in
accordance with the federal Individuals with Disabilities
Education Improvement Act of 2004, this Code, or any applicable
federal or State rules.
(Source: P.A. 101-515, eff. 8-23-19; revised 10-7-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/6/2019