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Public Act 101-0515


 

Public Act 0515 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0515
 
HB3586 EnrolledLRB101 09750 AXK 54851 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 Sections
14-6.01 and 14-8.02f and by adding Section 14-8.02g as follows:
 
    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
    Sec. 14-6.01. Powers and duties of school boards. School
boards of one or more school districts establishing and
maintaining any of the educational facilities described in this
Article shall, in connection therewith, exercise similar
powers and duties as are prescribed by law for the
establishment, maintenance, and management of other recognized
educational facilities. Such school boards shall include only
eligible children in the program and shall comply with all the
requirements of this Article and all rules and regulations
established by the State Board of Education. Such school boards
shall accept in part-time attendance children with
disabilities of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools. A request for
part-time attendance must be submitted by a parent or guardian
of the child with a disability and may be made only to those
public schools located in the district where the child
attending the nonpublic school resides; however, nothing in
this Section shall be construed as prohibiting an agreement
between the district where the child resides and another public
school district to provide special educational services if such
an arrangement is deemed more convenient and economical.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. Transportation for students in part time
attendance shall be provided only if required in the child's
individualized educational program on the basis of the child's
disabling condition or as the special education program
location may require.
    Beginning with the 2019-2020 school year, a school board
shall post on its Internet website, if any, and incorporate
into its student handbook or newsletter notice that students
with disabilities who do not qualify for an individualized
education program, as required by the federal Individuals with
Disabilities Education Act and implementing provisions of this
Code, may qualify for services under Section 504 of the federal
Rehabilitation Act of 1973 if the child (i) has a physical or
mental impairment that substantially limits one or more major
life activities, (ii) has a record of a physical or mental
impairment, or (iii) is regarded as having a physical or mental
impairment. Such notice shall identify the location and phone
number of the office or agent of the school district to whom
inquiries should be directed regarding the identification,
assessment and placement of such children.
    For a school district organized under Article 34 only,
beginning with the 2019-2020 school year, the school district
shall, in collaboration with its primary office overseeing
special education, publish on the school district's publicly
available website any proposed changes to its special education
policies, directives, guidelines, or procedures that impact
the provision of educational or related services to students
with disabilities or the procedural safeguards afforded to
students with disabilities or their parents or guardians made
by the school district or school board. Any policy, directive,
guideline, or procedural change that impacts those provisions
or safeguards that is authorized by the school district's
primary office overseeing special education or any other
administrative office of the school district must be published
on the school district's publicly available website no later
than 45 days before the adoption of that change. Any policy
directive, guideline, or procedural change that impacts those
provisions or safeguards that is authorized by the school board
must be published on the school district's publicly available
website no later than 30 days before the date of presentation
to the school board for adoption. The school district's website
must allow for virtual public comments on proposed special
education policy, directive, guideline, or procedural changes
that impact the provision of educational or related services to
students with disabilities or the procedural safeguards
afforded to students with disabilities or their parents or
guardians from the date of the notification of the proposed
change on the website until the date the change is adopted by
the school district or until the date the change is presented
to the school board for adoption. After the period for public
comment is closed, the school district must maintain all public
comments for a period of not less than 2 years from the date
the special education change is adopted. The public comments
are subject to the Freedom of Information Act. The school board
shall, at a minimum, advertise the notice of the change and
availability for public comment on its website. The State Board
of Education may add additional reporting requirements for the
district beyond policy, directive, guideline, or procedural
changes that impact the provision of educational or related
services to students with disabilities or the procedural
safeguards afforded to students with disabilities or their
parents or guardians if the State Board determines it is in the
best interest of the students enrolled in the district
receiving special education services.
    School boards shall immediately provide upon request by any
person written materials and other information that indicates
the specific policies, procedures, rules and regulations
regarding the identification, evaluation or educational
placement of children with disabilities under Section 14-8.02
of the School Code. Such information shall include information
regarding all rights and entitlements of such children under
this Code, and of the opportunity to present complaints with
respect to any matter relating to educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents or guardian in
the parents' or guardian's native language, unless it is
clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and federal Public
Law 94-142; it shall be the responsibility of the State
Superintendent to develop uniform notices setting forth the
procedures available under this Act and federal Public Law
94-142, as amended, to be used by all school boards. The notice
shall also inform the parents or guardian of the availability
upon request of a list of free or low-cost legal and other
relevant services available locally to assist parents or
guardians in exercising rights or entitlements under this Code.
For a school district organized under Article 34 only, the
school district must make the entirety of its special education
Procedural Manual and any other guidance documents pertaining
to special education publicly available, in print and on the
school district's website, in both English and Spanish. Upon
request, the school district must make the Procedural Manual
and other guidance documents available in print in any other
language and accessible for individuals with disabilities.
    Any parent or guardian who is deaf, or does not normally
communicate using spoken English, who participates in a meeting
with a representative of a local educational agency for the
purposes of developing an individualized educational program
shall be entitled to the services of an interpreter.
    No student with a disability or, in a school district
organized under Article 34 of this Code, child with a learning
disability may be denied promotion, graduation or a general
diploma on the basis of failing a minimal competency test when
such failure can be directly related to the disabling condition
of the student. For the purpose of this Act, "minimal
competency testing" is defined as tests which are constructed
to measure the acquisition of skills to or beyond a certain
defined standard.
    Effective July 1, 1966, high school districts are
financially responsible for the education of pupils with
disabilities who are residents in their districts when such
pupils have reached age 15 but may admit children with
disabilities into special educational facilities without
regard to graduation from the eighth grade after such pupils
have reached the age of 14 1/2 years. Upon a pupil with a
disability attaining the age of 14 1/2 years, it shall be the
duty of the elementary school district in which the pupil
resides to notify the high school district in which the pupil
resides of the pupil's current eligibility for special
education services, of the pupil's current program, and of all
evaluation data upon which the current program is based. After
an examination of that information the high school district may
accept the current placement and all subsequent timelines shall
be governed by the current individualized educational program;
or the high school district may elect to conduct its own
evaluation and multidisciplinary staff conference and
formulate its own individualized educational program, in which
case the procedures and timelines contained in Section 14-8.02
shall apply.
(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
100-201, eff. 8-18-17; 100-1112, eff. 8-28-18.)
 
    (105 ILCS 5/14-8.02f)
    Sec. 14-8.02f. Individualized education program meeting
protections ; municipality with 1,000,000 or more inhabitants.
    (a) (Blank). This Section only applies to school districts
organized under Article 34 of this Code.
    (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) No later than 3 5 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. as soon as possible if a meeting is
scheduled within 5 school days with written parental consent,
the school board or school personnel must provide the child's
parent or guardian with a draft individualized education
program. The draft must contain all relevant information
collected about the child and must include, but is not limited
to, the program's goals, draft accommodations and
modifications, copies of all conducted evaluations, and any
collected data.
    (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 implemented within 10 school days after a date or
frequency set forth by the child's individualized education
program the team's determination, then the local education
agency school board 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.)
 
    (105 ILCS 5/14-8.02g new)
    Sec. 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 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.
 
    Section 10. The Illinois School Student Records Act is
amended by changing Section 2 as follows:
 
    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
    Sec. 2. As used in this Act,
    (a) "Student" means any person enrolled or previously
enrolled in a school.
    (b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school, but
does not include a private or non-public school.
    (c) "State Board" means the State Board of Education.
    (d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the student's
graduation or permanent withdrawal from the school; and
provided further that no such records or recorded information
may be released or disclosed to any person except a person
designated by the school as a substitute unless they are first
incorporated in a school student record and made subject to all
of the provisions of this Act. School student records shall not
include information maintained by law enforcement
professionals working in the school.
    (e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
    (f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act and information contained in service logs
maintained by a local education agency under subsection (d) of
Section 14-8.02f of the School Code. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm to
another.
    (g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(Source: P.A. 92-295, eff. 1-1-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019