101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2025

 

Introduced 2/15/2019, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new

    Amends the School Code. Requires each school district to inform a student's parent or guardian if his or her child is beginning to receive tiered Response to Intervention support that is more intensive than the universal level of instruction and must allow the parent or guardian to participate in the process; defines "Response to Intervention". Provides that the information provided to the parent or guardian must include the problem or problems being addressed for the student, the student's performance goal or goals, the reason why the student is being moved to a more intense level of intervention, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. Provides that a school district must inform a parent or guardian with a child who is receiving Response to Intervention support above the universal level of instruction of the parent's or guardian's right to request a special education evaluation at any time. Requires a school district to request parental or guardian consent to conduct a case study evaluation of a student to determine if the student is in need of special education services if the student has been in the highest level of Response to Intervention support for 45 consecutive school days and has not shown meaningful, measurable progress under the performance goal or goals established for the student. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2025LRB101 08149 AXK 53215 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 adding Sections
510-20.69 and 34-18.61 as follows:
 
6    (105 ILCS 5/10-20.69 new)
7    Sec. 10-20.69. Response to Intervention.
8    (a) In this Section, "Response to Intervention" or "RtI"
9means a 3-tiered model of school support that utilizes
10differentiated instructional strategies for students and
11provides them with scientifically research-based interventions
12and continuous monitoring of their performance using
13scientifically research-based progress monitoring instruments,
14and makes educational decisions based on a student's response
15to those interventions. RtI uses a problem-solving method to
16define the problem, analyze the problem using data to determine
17why there is a discrepancy between what is expected of the
18student and what is occurring, establish one or more student
19performance goals, develop an intervention plan to address the
20performance goals, and delineate how the student's progress
21will be monitored and how implementation integrity will be
22ensured. RtI may be utilized as a component of an evaluation to
23determine if a child is eligible for special education services

 

 

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1due to a specific learning disability. Data collection using
2scientifically based data systems is an essential component of
3RtI, and progressively more intensive interventions and
4support for a student require more frequent monitoring of
5progress to ensure timely decision making.
6    (b) Because communication with a parent or guardian on the
7instructional strategies used on his or her child is important
8at all levels of intervention, a school district must inform a
9student's parent or guardian if his or her child is beginning
10to receive tiered RtI support that is more intensive than the
11universal level of instruction and must allow the parent or
12guardian to participate in the process. The information
13provided to the parent or guardian must include the problem or
14problems being addressed for the student, the student's
15performance goal or goals, the reason why the student is being
16moved to a more intense level of intervention, and how the
17parent or guardian may obtain a copy of any progress reports
18and data being collected for the student. A school district
19must inform a parent or guardian with a child who is receiving
20RtI support above the universal level of instruction of the
21parent's or guardian's right to request a special education
22evaluation at any time. A school district may not deny a
23parent's or guardian's request for an evaluation to determine
24if his or her child is eligible for special education services
25solely because the child is receiving RtI support.
26    (c) Nothing in this Section affects the responsibility of a

 

 

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1school district to identify, locate, and evaluate children with
2disabilities who are in need of special education services in
3accordance with the federal Individuals with Disabilities
4Education Improvement Act of 2004, this Code, and any
5applicable federal or State rules.
6    (d) A school district must request parental or guardian
7consent to conduct a case study evaluation of a student to
8determine if the student is in need of special education
9services if the student has been in the highest level of RtI
10support for 45 consecutive school days and has not shown
11meaningful, measurable progress under the performance goal or
12goals established for the student.
 
13    (105 ILCS 5/34-18.61 new)
14    Sec. 34-18.61. Response to Intervention.
15    (a) In this Section, "Response to Intervention" or "RtI"
16means a 3-tiered model of school support that utilizes
17differentiated instructional strategies for students and
18provides them with scientifically research-based interventions
19and continuous monitoring of their performance using
20scientifically research-based progress monitoring instruments,
21and makes educational decisions based on a student's response
22to those interventions. RtI uses a problem-solving method to
23define the problem, analyze the problem using data to determine
24why there is a discrepancy between what is expected of the
25student and what is occurring, establish one or more student

 

 

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1performance goals, develop an intervention plan to address the
2performance goals, and delineate how the student's progress
3will be monitored and how implementation integrity will be
4ensured. RtI may be utilized as a component of an evaluation to
5determine if a child is eligible for special education services
6due to a specific learning disability. Data collection using
7scientifically based data systems is an essential component of
8RtI, and progressively more intensive interventions and
9support for a student require more frequent monitoring of
10progress to ensure timely decision making.
11    (b) Because communication with a parent or guardian on the
12instructional strategies used on his or her child is important
13at all levels of intervention, the school district must inform
14a student's parent or guardian if his or her child is beginning
15to receive tiered RtI support that is more intensive than the
16universal level of instruction and must allow the parent or
17guardian to participate in the process. The information
18provided to the parent or guardian must include the problem or
19problems being addressed for the student, the student's
20performance goal or goals, the reason why the student is being
21moved to a more intense level of intervention, and how the
22parent or guardian may obtain a copy of any progress reports
23and data being collected for the student. The school district
24must inform a parent or guardian with a child who is receiving
25RtI support above the universal level of instruction of the
26parent's or guardian's right to request a special education

 

 

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1evaluation at any time. The school district may not deny a
2parent's or guardian's request for an evaluation to determine
3if his or her child is eligible for special education services
4solely because the child is receiving RtI support.
5    (c) Nothing in this Section affects the responsibility of
6the school district to identify, locate, and evaluate children
7with disabilities who are in need of special education services
8in accordance with the federal Individuals with Disabilities
9Education Improvement Act of 2004, this Code, and any
10applicable federal or State rules.
11    (d) The school district must request parental or guardian
12consent to conduct a case study evaluation of a student to
13determine if the student is in need of special education
14services if the student has been in the highest level of RtI
15support for 45 consecutive school days and has not shown
16meaningful, measurable progress under the performance goal or
17goals established for the student.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.