Rep. Michelle Mussman

Filed: 4/2/2024

 

 


 

 


 
10300HB0340ham002LRB103 03867 RJT 71730 a

1
AMENDMENT TO HOUSE BILL 340

2    AMENDMENT NO. ______. Amend House Bill 340 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
514-8.02f as follows:
 
6    (105 ILCS 5/14-8.02f)
7    Sec. 14-8.02f. Individualized education program meeting
8protections.
9    (a) (Blank).
10    (b) This subsection (b) applies only to a school district
11organized under Article 34. No later than 10 calendar days
12prior to a child's individualized education program meeting or
13as soon as possible if a meeting is scheduled within 10
14calendar days with written parental consent, the school board
15or school personnel must provide the child's parent or
16guardian with a written notification of the services that

 

 

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1require a specific data collection procedure from the school
2district for services related to the child's individualized
3education program. The notification must indicate, with a
4checkbox, whether specific data has been collected for the
5child's individualized education program services. For
6purposes of this subsection (b), individualized education
7program services must include, but are not limited to,
8paraprofessional support, an extended school year,
9transportation, therapeutic day school, and services for
10specific learning disabilities.
11    (c) Beginning on July 1, 2020, no later than 3 school days
12prior to a meeting to determine a child's eligibility for
13special education and related services or to review a child's
14individualized education program, or as soon as possible if an
15individualized education program meeting is scheduled within 3
16school days with the written consent of the child's parent or
17guardian, the local education agency must provide the child's
18parent or guardian copies of all written material that will be
19considered by the individualized education program team at the
20meeting so that the parent or guardian may participate in the
21meeting as a fully-informed team member. The parent or
22guardian shall have the option of choosing from the available
23methods of delivery, which must include regular mail and
24picking up the materials at school. The notice provided to the
25parent or guardian prior to the meeting pursuant to subsection
26(g) of Section 14-8.02 shall inform the parent or guardian of

 

 

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1the parent's or guardian's right to receive copies of all
2written material under this subsection (c) and shall provide
3the date when the written material will be delivered or made
4available to the parent or guardian.
5    For a meeting to determine the child's eligibility for
6special education, the written material must include all
7evaluations and collected data that will be considered at the
8meeting. For a child who is already eligible for special
9education and related services, the written material must
10include a copy of all individualized education program
11components that will be discussed by the individualized
12education program team, other than the components related to
13the educational and related service minutes proposed for the
14child and the child's placement.
15    Parents shall also be informed of their right to review
16and copy their child's school student records prior to any
17special education eligibility or individualized education
18program review meeting, subject to the requirements of
19applicable federal and State law.
20    (d) Local education agencies must make logs that record
21the delivery of related services administered under the
22child's individualized education program and the minutes of
23each type of related service that has been administered
24available to the child's parent or guardian at any time upon
25request of the child's parent or guardian. For purposes of
26this subsection (d), related services for which a log must be

 

 

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1made are: speech and language services, occupational therapy
2services, physical therapy services, school social work
3services, school counseling services, school psychology
4services, and school nursing services. The local education
5agency must inform the child's parent or guardian within 20
6school days from the beginning of the school year or upon
7establishment of an individualized education program of his or
8her ability to request those related service logs.
9    (d-5) If, at a meeting to develop or revise a child's
10individualized education program, the individualized education
11program team determines that a certain service is required in
12order for the child to receive a free, appropriate public
13education and that service is not implemented within 10 school
14days after the service was to be initiated as set forth by the
15child's individualized education program, then the local
16education agency shall provide the child's parent or guardian
17with written notification that the service has not yet been
18implemented. The notification must be provided to the child's
19parent or guardian within 3 school days of the local education
20agency's non-compliance with the child's individualized
21education program and must inform the parent or guardian about
22the school district's procedures for requesting compensatory
23services. In this subsection (d-5), "school days" does not
24include days where a child is absent from school for reasons
25unrelated to a lack of individualized education program
26services or when the service is available, but the child is

 

 

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1unavailable.
2    (e) The State Board of Education may create a telephone
3hotline to address complaints regarding the special education
4services or lack of special education services of a school
5district subject to this Section. If a hotline is created, it
6must be available to all students enrolled in the school
7district, parents or guardians of those students, and school
8personnel. If a hotline is created, any complaints received
9through the hotline must be registered and recorded with the
10State Board's monitor of special education policies. No
11student, parent or guardian, or member of school personnel may
12be retaliated against for submitting a complaint through a
13telephone hotline created by the State Board under this
14subsection (e).
15    (f) A school district subject to this Section may not use
16any measure that would prevent or delay an individualized
17education program team from adding a service to the program or
18create a time restriction in which a service is prohibited
19from being added to the program. The school district may not
20build functions into its computer software that would remove
21any services from a student's individualized education program
22without the approval of the program team and may not prohibit
23the program team from adding a service to the program.
24(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
25101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".