103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1107

 

Introduced 1/12/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.82 new
105 ILCS 5/14-6.01  from Ch. 122, par. 14-6.01
105 ILCS 5/34-18.77 new

    Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2023-2024 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB1107LRB103 05317 RJT 50335 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
510-20.82 and 34-18.77 and by changing Section 14-6.01 as
6follows:
 
7    (105 ILCS 5/10-20.82 new)
8    Sec. 10-20.82. Additional services for certain students
9experiencing trauma.
10    (a) A school district must provide additional
11instructional services, support, or special accommodations to
12a student if the student's school determines that:
13        (1) the student suffers from trauma related to the
14    student experiencing the death of a sibling, parent,
15    guardian, or household member by suicide or homicide or
16    from trauma caused by domestic violence or abuse;
17        (2) the trauma interferes with the student's ability
18    to learn and to participate in the learning environment;
19    and
20        (3) the student does not qualify for either an
21    individualized education program (IEP) under the federal
22    Individuals with Disabilities Education Act or for
23    services under Section 504 of the federal Rehabilitation

 

 

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1    Act of 1973.
2    (b) At the request of the parent or guardian of a student
3who has experienced an event described under paragraph (1) of
4subsection (a) and who may be at risk of academic failure or if
5school personnel identify that a student's overall academic
6performance and participation in the learning environment has
7declined following the student experiencing an event described
8under paragraph (1) of subsection (a) and the student may be at
9risk of academic failure, the school district shall perform an
10evaluation to assess whether the student may benefit from
11additional instructional services, support, or special
12accommodations. The evaluation of the student shall be
13performed by appropriate school personnel, which may include
14school counselors, school psychologists, school social
15workers, school administrators, and educators with knowledge
16of the student or the student's academic performance prior to
17the student experiencing an event described under paragraph
18(1) of subsection (a).
19    If the school determines from the evaluation that the
20student requires additional instructional services, support,
21or special accommodations, the school district shall develop
22and implement a plan to provide to the student additional
23instructional services, support, or special accommodations
24based on the individual needs of the student. Additional
25instructional services, support, or special accommodations
26provided to a student may include accommodations with testing,

 

 

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1supplementary aids, school counseling services, additional
2assistance with homework, or modifications to the student's
3learning environment. The plan may be modified as necessary
4according to the needs of the student.
5    (c) A plan developed under subsection (b) shall remain in
6place until the student (i) is no longer enrolled in the school
7district or (ii) has demonstrated such significant and
8sustained progress and improvement in academic performance
9that the student no longer requires the additional
10instructional services, support, or special accommodations
11provided under the plan.
 
12    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
13    Sec. 14-6.01. Powers and duties of school boards. School
14boards of one or more school districts establishing and
15maintaining any of the educational facilities described in
16this Article shall, in connection therewith, exercise similar
17powers and duties as are prescribed by law for the
18establishment, maintenance, and management of other recognized
19educational facilities. Such school boards shall include only
20eligible children in the program and shall comply with all the
21requirements of this Article and all rules and regulations
22established by the State Board of Education. Such school
23boards shall accept in part-time attendance children with
24disabilities of the types described in Sections 14-1.02
25through 14-1.07 who are enrolled in nonpublic schools. A

 

 

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1request for part-time attendance must be submitted by a parent
2or guardian of the child with a disability and may be made only
3to those public schools located in the district where the
4child attending the nonpublic school resides; however, nothing
5in this Section shall be construed as prohibiting an agreement
6between the district where the child resides and another
7public school district to provide special educational services
8if such an arrangement is deemed more convenient and
9economical. Special education and related services must be
10provided in accordance with the student's IEP no later than 10
11school attendance days after notice is provided to the parents
12pursuant to Section 300.503 of Title 34 of the Code of Federal
13Regulations and implementing rules adopted by the State Board
14of Education. Transportation for students in part time
15attendance shall be provided only if required in the child's
16individualized educational program on the basis of the child's
17disabling condition or as the special education program
18location may require.
19    A Beginning with the 2019-2020 school year, a school board
20shall post on its Internet website, if any, and incorporate
21into its student handbook or newsletter notice that students
22with disabilities who do not qualify for an individualized
23education program, as required by the federal Individuals with
24Disabilities Education Act and implementing provisions of this
25Code, may qualify for services under Section 504 of the
26federal Rehabilitation Act of 1973 if the child (i) has a

 

 

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1physical or mental impairment that substantially limits one or
2more major life activities, (ii) has a record of a physical or
3mental impairment, or (iii) is regarded as having a physical
4or mental impairment, or (iv) beginning with the 2023-2024
5school year, is a student who is at least 3 years old or older
6and under 22 years old and who has experienced the death of a
7sibling, parent, guardian, or household member by suicide or
8homicide or suffers from trauma caused by domestic violence or
9abuse. Such notice shall identify the location and phone
10number of the office or agent of the school district to whom
11inquiries should be directed regarding the identification,
12assessment, and placement of such children. The notice shall
13also state that any parent who is deaf or does not typically
14communicate using spoken English and who participates in a
15Section 504 meeting with a representative of a local
16educational agency shall be entitled to the services of an
17interpreter.
18    For a school district organized under Article 34 only,
19beginning with the 2019-2020 school year, the school district
20shall, in collaboration with its primary office overseeing
21special education, publish on the school district's publicly
22available website any proposed changes to its special
23education policies, directives, guidelines, or procedures that
24impact the provision of educational or related services to
25students with disabilities or the procedural safeguards
26afforded to students with disabilities or their parents or

 

 

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1guardians made by the school district or school board. Any
2policy, directive, guideline, or procedural change that
3impacts those provisions or safeguards that is authorized by
4the school district's primary office overseeing special
5education or any other administrative office of the school
6district must be published on the school district's publicly
7available website no later than 45 days before the adoption of
8that change. Any policy directive, guideline, or procedural
9change that impacts those provisions or safeguards that is
10authorized by the school board must be published on the school
11district's publicly available website no later than 30 days
12before the date of presentation to the school board for
13adoption. The school district's website must allow for virtual
14public comments on proposed special education policy,
15directive, guideline, or procedural changes that impact the
16provision of educational or related services to students with
17disabilities or the procedural safeguards afforded to students
18with disabilities or their parents or guardians from the date
19of the notification of the proposed change on the website
20until the date the change is adopted by the school district or
21until the date the change is presented to the school board for
22adoption. After the period for public comment is closed, the
23school district must maintain all public comments for a period
24of not less than 2 years from the date the special education
25change is adopted. The public comments are subject to the
26Freedom of Information Act. The school board shall, at a

 

 

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1minimum, advertise the notice of the change and availability
2for public comment on its website. The State Board of
3Education may add additional reporting requirements for the
4district beyond policy, directive, guideline, or procedural
5changes that impact the provision of educational or related
6services to students with disabilities or the procedural
7safeguards afforded to students with disabilities or their
8parents or guardians if the State Board determines it is in the
9best interest of the students enrolled in the district
10receiving special education services.
11    School boards shall immediately provide upon request by
12any person written materials and other information that
13indicates the specific policies, procedures, rules and
14regulations regarding the identification, evaluation or
15educational placement of children with disabilities under
16Section 14-8.02 of the School Code. Such information shall
17include information regarding all rights and entitlements of
18such children under this Code, and of the opportunity to
19present complaints with respect to any matter relating to
20educational placement of the student, or the provision of a
21free appropriate public education and to have an impartial due
22process hearing on the complaint. The notice shall inform the
23parents or guardian in the parents' or guardian's native
24language, unless it is clearly not feasible to do so, of their
25rights and all procedures available pursuant to this Act and
26federal Public Law 94-142; it shall be the responsibility of

 

 

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1the State Superintendent to develop uniform notices setting
2forth the procedures available under this Act and federal
3Public Law 94-142, as amended, to be used by all school boards.
4The notice shall also inform the parents or guardian of the
5availability upon request of a list of free or low-cost legal
6and other relevant services available locally to assist
7parents or guardians in exercising rights or entitlements
8under this Code. For a school district organized under Article
934 only, the school district must make the entirety of its
10special education Procedural Manual and any other guidance
11documents pertaining to special education publicly available,
12in print and on the school district's website, in both English
13and Spanish. Upon request, the school district must make the
14Procedural Manual and other guidance documents available in
15print in any other language and accessible for individuals
16with disabilities.
17    Any parent or guardian who is deaf, or does not normally
18communicate using spoken English, who participates in a
19meeting with a representative of a local educational agency
20for the purposes of developing an individualized educational
21program shall be entitled to the services of an interpreter.
22    No student with a disability or, in a school district
23organized under Article 34 of this Code, child with a learning
24disability may be denied promotion, graduation or a general
25diploma on the basis of failing a minimal competency test when
26such failure can be directly related to the disabling

 

 

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1condition of the student. For the purpose of this Act,
2"minimal competency testing" is defined as tests which are
3constructed to measure the acquisition of skills to or beyond
4a certain defined standard.
5    Effective July 1, 1966, high school districts are
6financially responsible for the education of pupils with
7disabilities who are residents in their districts when such
8pupils have reached age 15 but may admit children with
9disabilities into special educational facilities without
10regard to graduation from the eighth grade after such pupils
11have reached the age of 14 1/2 years. Upon a pupil with a
12disability attaining the age of 14 1/2 years, it shall be the
13duty of the elementary school district in which the pupil
14resides to notify the high school district in which the pupil
15resides of the pupil's current eligibility for special
16education services, of the pupil's current program, and of all
17evaluation data upon which the current program is based. After
18an examination of that information the high school district
19may accept the current placement and all subsequent timelines
20shall be governed by the current individualized educational
21program; or the high school district may elect to conduct its
22own evaluation and multidisciplinary staff conference and
23formulate its own individualized educational program, in which
24case the procedures and timelines contained in Section 14-8.02
25shall apply.
26(Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
 

 

 

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1    (105 ILCS 5/34-18.77 new)
2    Sec. 34-18.77. Additional services for certain students
3experiencing trauma.
4    (a) The school district must provide additional
5instructional services, support, or special accommodations to
6a student if the student's school determines that:
7        (1) the student suffers from trauma related to the
8    student experiencing the death of a sibling, parent,
9    guardian, or household member by suicide or homicide or
10    from trauma caused by domestic violence or abuse;
11        (2) the trauma interferes with the student's ability
12    to learn and to participate in the learning environment;
13    and
14        (3) the student does not qualify for either an
15    individualized education program (IEP) under the federal
16    Individuals with Disabilities Education Act or for
17    services under Section 504 of the federal Rehabilitation
18    Act of 1973.
19    (b) At the request of the parent or guardian of a student
20who has experienced an event described under paragraph (1) of
21subsection (a) and who may be at risk of academic failure or if
22school personnel identify that a student's overall academic
23performance and participation in the learning environment has
24declined following the student experiencing an event described
25under paragraph (1) of subsection (a) and the student may be at

 

 

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1risk of academic failure, the school district shall perform an
2evaluation to assess whether the student may benefit from
3additional instructional services, support, or special
4accommodations. The evaluation of the student shall be
5performed by appropriate school personnel, which may include
6school counselors, school psychologists, school social
7workers, school administrators, and educators with knowledge
8of the student or the student's academic performance prior to
9the student experiencing an event described under paragraph
10(1) of subsection (a).
11    If the school determines from the evaluation that the
12student requires additional instructional services, support,
13or special accommodations, the school district shall develop
14and implement a plan to provide to the student additional
15instructional services, support, or special accommodations
16based on the individual needs of the student. Additional
17instructional services, support, or special accommodations
18provided to a student may include accommodations with testing,
19supplementary aids, school counseling services, additional
20assistance with homework, or modifications to the student's
21learning environment. The plan may be modified as necessary
22according to the needs of the student.
23    (c) A plan developed under subsection (b) shall remain in
24place until the student (i) is no longer enrolled in the school
25district or (ii) has demonstrated such significant and
26sustained progress and improvement in academic performance

 

 

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1that the student no longer requires the additional
2instructional services, support, or special accommodations
3provided under the plan.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.