102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2355

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-1.02  from Ch. 122, par. 14-1.02
105 ILCS 5/14-1.03a  from Ch. 122, par. 14-1.03a
105 ILCS 5/14-1.09  from Ch. 122, par. 14-1.09
105 ILCS 5/14-1.09a  from Ch. 122, par. 14-1.09a

    Amends the Children with Disabilities Article of the School Code. For school years 2021-2022 through 2025-2026, provides that (i) an eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through the day before the student's 23rd birthday (rather than through the day before the student's 22nd birthday), (ii) the term "children with specific learning disabilities" includes children between the ages of 3 and 22 years (rather than children between the ages of 3 and 21 years), (iii) a school psychologist may offer school psychological services to children between the ages of 3 and 22 years (rather than to children between the ages of 3 and 21 years), and (iv) a school social worker may offer school social work services to children between the ages of 3 and 22 years (rather than to children between the ages of 3 and 21 years). Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2355LRB102 15490 CMG 20853 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 Sections
514-1.02, 14-1.03a, 14-1.09, and 14-1.09a as follows:
 
6    (105 ILCS 5/14-1.02)  (from Ch. 122, par. 14-1.02)
7    Sec. 14-1.02. Children with disabilities. "Children with
8disabilities" means children between the ages of 3 and 21 for
9whom it is determined, through definitions and procedures
10described in the Illinois Rules and Regulations to Govern the
11Organization and Administration of Special Education, that
12special education services are needed. An eligible student who
13requires continued public school educational experience to
14facilitate his or her successful transition and integration
15into adult life is eligible for such services through age 21,
16inclusive, which, for purposes of this Article, means the day
17before the student's 22nd birthday. An individualized
18education program must be written and agreed upon by
19appropriate school personnel and parents or their
20representatives for any child receiving special education.
21    However, for school years 2021-2022 through 2025-2026,
22"children with disabilities" means children between the ages
23of 3 and 22 for whom it is determined, through definitions and

 

 

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1procedures described in the Illinois Rules and Regulations to
2Govern the Organization and Administration of Special
3Education, that special education services are needed. An
4eligible student who requires continued public school
5educational experience to facilitate his or her successful
6transition and integration into adult life is eligible for
7such services through age 22, inclusive, which, for purposes
8of this Article, means the day before the student's 23rd
9birthday. An individualized education program must be written
10and agreed upon by appropriate school personnel and parents or
11their representatives for any child receiving special
12education.
13(Source: P.A. 95-14, eff. 7-16-07.)
 
14    (105 ILCS 5/14-1.03a)  (from Ch. 122, par. 14-1.03a)
15    Sec. 14-1.03a. Children with Specific Learning
16Disabilities. "Children with Specific Learning Disabilities"
17means children between the ages of 3 and 21 years who have a
18disorder in one or more of the basic psychological processes
19involved in understanding or in using language, spoken or
20written, which disorder may manifest itself in imperfect
21ability to listen, think, speak, read, write, spell or do
22mathematical calculations. Such disorders include such
23conditions as perceptual disabilities, brain injury, minimal
24brain dysfunction, dyslexia, and developmental aphasia. Such
25term does not include children who have learning problems

 

 

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1which are primarily the result of visual, hearing or motor
2disabilities, of an intellectual disability, emotional
3disturbance or environmental disadvantage.
4    However, for school years 2021-2022 through 2025-2026,
5"children with Specific Learning Disabilities" means children
6between the ages of 3 and 22 years who have a disorder in one
7or more of the basic psychological processes involved in
8understanding or in using language, spoken or written, which
9disorder may manifest itself in an imperfect ability to
10listen, think, speak, read, write, spell, or do mathematical
11calculations. Such disorders include such conditions as
12perceptual disabilities, brain injury, minimal brain
13dysfunction, dyslexia, and developmental aphasia. Such term
14does not include children who have learning problems that are
15primarily the result of visual, hearing, or motor
16disabilities, of an intellectual disability, of emotional
17disturbance or environmental disadvantage.
18(Source: P.A. 97-227, eff. 1-1-12.)
 
19    (105 ILCS 5/14-1.09)  (from Ch. 122, par. 14-1.09)
20    Sec. 14-1.09. School psychologist. "School psychologist"
21means a psychologist who meets the following qualifications:
22        (1) The psychologist:
23            (A) has graduated with a master's or higher degree
24        in psychology or educational psychology from an
25        institution of higher learning that maintains

 

 

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1        equipment, courses of study, and standards of
2        scholarship approved by the State Board of Education,
3        has had at least one school year of full-time
4        supervised experience in the delivery of school
5        psychological services of a character approved by the
6        State Superintendent of Education, and has such
7        additional qualifications as may be required by the
8        State Board of Education; or
9            (B) holds a valid Nationally Certified School
10        Psychologist (NCSP) credential.
11        (2) The psychologist holds a Professional Educator
12    License with a school psychologist endorsement issued
13    pursuant to Section 21B-25 of this Code. Persons so
14    licensed may use the title "school psychologist" and may
15    offer school psychological services which are limited to
16    those services set forth in 23 Ill. Adm. Code 226, Special
17    Education, pertaining to children between the ages of 3 to
18    21, promulgated by the State Board of Education. However,
19    for school years 2021-2022 through 2025-2026, persons so
20    licensed may use the title "school psychologist" and may
21    offer school psychological services that are limited to
22    those services set forth in 23 Ill. Adm. Code 226, Special
23    Education, pertaining to children between the ages of 3
24    and 22 years, adopted by the State Board of Education.
25    School psychologists may make evaluations, recommendations
26or interventions regarding the placement of children in

 

 

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1educational programs or special education classes. However, a
2school psychologist shall not provide such services outside
3his or her employment to any student in the district or
4districts which employ such school psychologist.
5(Source: P.A. 100-750, eff. 8-10-18.)
 
6    (105 ILCS 5/14-1.09a)  (from Ch. 122, par. 14-1.09a)
7    Sec. 14-1.09a. School social worker. "School social
8worker" means a social worker who has graduated with a
9master's or higher degree in social work from an accredited
10graduate school of social work and has such additional
11qualifications as may be required by the State Board of
12Education and who holds a Professional Educator License with a
13school support personnel endorsement for school social work
14pursuant to Section 21B-25 of this Code. Only persons so
15licensed and endorsed may use the title "school social
16worker". A social worker may offer school social work services
17as provided in this Code and other applicable laws and as set
18forth in 23 Ill. Adm. Code 226, Special Education, promulgated
19by the State Board of Education, governing the provision of
20special education and related services to children with
21disabilities and requirements for the treatment of children
22with disabilities between the ages of 3 and 21. However, for
23school years 2021-2022 through 2025-2026, a social worker may
24offer school social work services as provided in this Code and
25other applicable laws and as set forth in 23 Ill. Adm. Code

 

 

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1226, Special Education, adopted by the State Board of
2Education, governing the provision of special education and
3related services to children with disabilities and
4requirements for the treatment of children with disabilities
5between the ages of 3 and 22 years. School social workers may
6make evaluations, recommendations or interventions regarding
7the placement of children in educational programs or special
8education classes. However, a school social worker shall not
9provide such services outside his or her employment to any
10student in the district or districts which employ such school
11social worker.
12(Source: P.A. 100-356, eff. 8-25-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.