103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4474

 

Introduced 1/17/2024, by Rep. Nabeela Syed

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-8.02  from Ch. 122, par. 14-8.02

    Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student who is 17 years of age or older, or will be during that school year, the IEP team shall consider voter registration as an appropriate goal or competency to be included in the IEP, and, if appropriate, when and how voter registration shall be accomplished. Provides that any resulting decisions shall be included in the IEP. Effective July 1, 2024.


LRB103 35786 RJT 65868 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4474LRB103 35786 RJT 65868 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 Section
514-8.02 as follows:
 
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    (Text of Section before amendment by P.A. 103-197)
8    Sec. 14-8.02. Identification, evaluation, and placement of
9children.
10    (a) The State Board of Education shall make rules under
11which local school boards shall determine the eligibility of
12children to receive special education. Such rules shall ensure
13that a free appropriate public education be available to all
14children with disabilities as defined in Section 14-1.02. The
15State Board of Education shall require local school districts
16to administer non-discriminatory procedures or tests to
17English learners coming from homes in which a language other
18than English is used to determine their eligibility to receive
19special education. The placement of low English proficiency
20students in special education programs and facilities shall be
21made in accordance with the test results reflecting the
22student's linguistic, cultural and special education needs.
23For purposes of determining the eligibility of children the

 

 

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1State Board of Education shall include in the rules
2definitions of "case study", "staff conference",
3"individualized educational program", and "qualified
4specialist" appropriate to each category of children with
5disabilities as defined in this Article. For purposes of
6determining the eligibility of children from homes in which a
7language other than English is used, the State Board of
8Education shall include in the rules definitions for
9"qualified bilingual specialists" and "linguistically and
10culturally appropriate individualized educational programs".
11For purposes of this Section, as well as Sections 14-8.02a,
1214-8.02b, and 14-8.02c of this Code, "parent" means a parent
13as defined in the federal Individuals with Disabilities
14Education Act (20 U.S.C. 1401(23)).
15    (b) No child shall be eligible for special education
16facilities except with a carefully completed case study fully
17reviewed by professional personnel in a multidisciplinary
18staff conference and only upon the recommendation of qualified
19specialists or a qualified bilingual specialist, if available.
20At the conclusion of the multidisciplinary staff conference,
21the parent of the child and, if the child is in the legal
22custody of the Department of Children and Family Services, the
23Department's Office of Education and Transition Services shall
24be given a copy of the multidisciplinary conference summary
25report and recommendations, which includes options considered,
26and, in the case of the parent, be informed of his or her right

 

 

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1to obtain an independent educational evaluation if he or she
2disagrees with the evaluation findings conducted or obtained
3by the school district. If the school district's evaluation is
4shown to be inappropriate, the school district shall reimburse
5the parent for the cost of the independent evaluation. The
6State Board of Education shall, with advice from the State
7Advisory Council on Education of Children with Disabilities on
8the inclusion of specific independent educational evaluators,
9prepare a list of suggested independent educational
10evaluators. The State Board of Education shall include on the
11list clinical psychologists licensed pursuant to the Clinical
12Psychologist Licensing Act. Such psychologists shall not be
13paid fees in excess of the amount that would be received by a
14school psychologist for performing the same services. The
15State Board of Education shall supply school districts with
16such list and make the list available to parents at their
17request. School districts shall make the list available to
18parents at the time they are informed of their right to obtain
19an independent educational evaluation. However, the school
20district may initiate an impartial due process hearing under
21this Section within 5 days of any written parent request for an
22independent educational evaluation to show that its evaluation
23is appropriate. If the final decision is that the evaluation
24is appropriate, the parent still has a right to an independent
25educational evaluation, but not at public expense. An
26independent educational evaluation at public expense must be

 

 

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1completed within 30 days of a parent written request unless
2the school district initiates an impartial due process hearing
3or the parent or school district offers reasonable grounds to
4show that such 30-day time period should be extended. If the
5due process hearing decision indicates that the parent is
6entitled to an independent educational evaluation, it must be
7completed within 30 days of the decision unless the parent or
8the school district offers reasonable grounds to show that
9such 30-day period should be extended. If a parent disagrees
10with the summary report or recommendations of the
11multidisciplinary conference or the findings of any
12educational evaluation which results therefrom, the school
13district shall not proceed with a placement based upon such
14evaluation and the child shall remain in his or her regular
15classroom setting. No child shall be eligible for admission to
16a special class for children with a mental disability who are
17educable or for children with a mental disability who are
18trainable except with a psychological evaluation and
19recommendation by a school psychologist. Consent shall be
20obtained from the parent of a child before any evaluation is
21conducted. If consent is not given by the parent or if the
22parent disagrees with the findings of the evaluation, then the
23school district may initiate an impartial due process hearing
24under this Section. The school district may evaluate the child
25if that is the decision resulting from the impartial due
26process hearing and the decision is not appealed or if the

 

 

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1decision is affirmed on appeal. The determination of
2eligibility shall be made and the IEP meeting shall be
3completed within 60 school days from the date of written
4parental consent. In those instances when written parental
5consent is obtained with fewer than 60 pupil attendance days
6left in the school year, the eligibility determination shall
7be made and the IEP meeting shall be completed prior to the
8first day of the following school year. Special education and
9related services must be provided in accordance with the
10student's IEP no later than 10 school attendance days after
11notice is provided to the parents pursuant to Section 300.503
12of Title 34 of the Code of Federal Regulations and
13implementing rules adopted by the State Board of Education.
14The appropriate program pursuant to the individualized
15educational program of students whose native tongue is a
16language other than English shall reflect the special
17education, cultural and linguistic needs. No later than
18September 1, 1993, the State Board of Education shall
19establish standards for the development, implementation and
20monitoring of appropriate bilingual special individualized
21educational programs. The State Board of Education shall
22further incorporate appropriate monitoring procedures to
23verify implementation of these standards. The district shall
24indicate to the parent, the State Board of Education, and, if
25applicable, the Department's Office of Education and
26Transition Services the nature of the services the child will

 

 

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1receive for the regular school term while awaiting placement
2in the appropriate special education class. At the child's
3initial IEP meeting and at each annual review meeting, the
4child's IEP team shall provide the child's parent or guardian
5and, if applicable, the Department's Office of Education and
6Transition Services with a written notification that informs
7the parent or guardian or the Department's Office of Education
8and Transition Services that the IEP team is required to
9consider whether the child requires assistive technology in
10order to receive free, appropriate public education. The
11notification must also include a toll-free telephone number
12and internet address for the State's assistive technology
13program.
14    If the child is deaf, hard of hearing, blind, or visually
15impaired or has an orthopedic impairment or physical
16disability and he or she might be eligible to receive services
17from the Illinois School for the Deaf, the Illinois School for
18the Visually Impaired, or the Illinois Center for
19Rehabilitation and Education-Roosevelt, the school district
20shall notify the parents, in writing, of the existence of
21these schools and the services they provide and shall make a
22reasonable effort to inform the parents of the existence of
23other, local schools that provide similar services and the
24services that these other schools provide. This notification
25shall include, without limitation, information on school
26services, school admissions criteria, and school contact

 

 

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1information.
2    In the development of the individualized education program
3for a student who has a disability on the autism spectrum
4(which includes autistic disorder, Asperger's disorder,
5pervasive developmental disorder not otherwise specified,
6childhood disintegrative disorder, and Rett Syndrome, as
7defined in the Diagnostic and Statistical Manual of Mental
8Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
9consider all of the following factors:
10        (1) The verbal and nonverbal communication needs of
11    the child.
12        (2) The need to develop social interaction skills and
13    proficiencies.
14        (3) The needs resulting from the child's unusual
15    responses to sensory experiences.
16        (4) The needs resulting from resistance to
17    environmental change or change in daily routines.
18        (5) The needs resulting from engagement in repetitive
19    activities and stereotyped movements.
20        (6) The need for any positive behavioral
21    interventions, strategies, and supports to address any
22    behavioral difficulties resulting from autism spectrum
23    disorder.
24        (7) Other needs resulting from the child's disability
25    that impact progress in the general curriculum, including
26    social and emotional development.

 

 

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1Public Act 95-257 does not create any new entitlement to a
2service, program, or benefit, but must not affect any
3entitlement to a service, program, or benefit created by any
4other law.
5    If the student may be eligible to participate in the
6Home-Based Support Services Program for Adults with Mental
7Disabilities authorized under the Developmental Disability and
8Mental Disability Services Act upon becoming an adult, the
9student's individualized education program shall include plans
10for (i) determining the student's eligibility for those
11home-based services, (ii) enrolling the student in the program
12of home-based services, and (iii) developing a plan for the
13student's most effective use of the home-based services after
14the student becomes an adult and no longer receives special
15educational services under this Article. The plans developed
16under this paragraph shall include specific actions to be
17taken by specified individuals, agencies, or officials.
18    (c) In the development of the individualized education
19program for a student who is functionally blind, it shall be
20presumed that proficiency in Braille reading and writing is
21essential for the student's satisfactory educational progress.
22For purposes of this subsection, the State Board of Education
23shall determine the criteria for a student to be classified as
24functionally blind. Students who are not currently identified
25as functionally blind who are also entitled to Braille
26instruction include: (i) those whose vision loss is so severe

 

 

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1that they are unable to read and write at a level comparable to
2their peers solely through the use of vision, and (ii) those
3who show evidence of progressive vision loss that may result
4in functional blindness. Each student who is functionally
5blind shall be entitled to Braille reading and writing
6instruction that is sufficient to enable the student to
7communicate with the same level of proficiency as other
8students of comparable ability. Instruction should be provided
9to the extent that the student is physically and cognitively
10able to use Braille. Braille instruction may be used in
11combination with other special education services appropriate
12to the student's educational needs. The assessment of each
13student who is functionally blind for the purpose of
14developing the student's individualized education program
15shall include documentation of the student's strengths and
16weaknesses in Braille skills. Each person assisting in the
17development of the individualized education program for a
18student who is functionally blind shall receive information
19describing the benefits of Braille instruction. The
20individualized education program for each student who is
21functionally blind shall specify the appropriate learning
22medium or media based on the assessment report.
23    (c-5) In the development of the individualized education
24program for a student who is 17 years of age or older, or will
25be during that school year, the IEP team shall consider voter
26registration as an appropriate goal or competency to be

 

 

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1included in the IEP, and, if appropriate, when and how voter
2registration shall be accomplished. Any resulting decisions
3shall be included in the IEP.
4    (d) To the maximum extent appropriate, the placement shall
5provide the child with the opportunity to be educated with
6children who do not have a disability; provided that children
7with disabilities who are recommended to be placed into
8regular education classrooms are provided with supplementary
9services to assist the children with disabilities to benefit
10from the regular classroom instruction and are included on the
11teacher's regular education class register. Subject to the
12limitation of the preceding sentence, placement in special
13classes, separate schools or other removal of the child with a
14disability from the regular educational environment shall
15occur only when the nature of the severity of the disability is
16such that education in the regular classes with the use of
17supplementary aids and services cannot be achieved
18satisfactorily. The placement of English learners with
19disabilities shall be in non-restrictive environments which
20provide for integration with peers who do not have
21disabilities in bilingual classrooms. Annually, each January,
22school districts shall report data on students from
23non-English speaking backgrounds receiving special education
24and related services in public and private facilities as
25prescribed in Section 2-3.30. If there is a disagreement
26between parties involved regarding the special education

 

 

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1placement of any child, either in-state or out-of-state, the
2placement is subject to impartial due process procedures
3described in Article 10 of the Rules and Regulations to Govern
4the Administration and Operation of Special Education.
5    (e) No child who comes from a home in which a language
6other than English is the principal language used may be
7assigned to any class or program under this Article until he
8has been given, in the principal language used by the child and
9used in his home, tests reasonably related to his cultural
10environment. All testing and evaluation materials and
11procedures utilized for evaluation and placement shall not be
12linguistically, racially or culturally discriminatory.
13    (f) Nothing in this Article shall be construed to require
14any child to undergo any physical examination or medical
15treatment whose parents object thereto on the grounds that
16such examination or treatment conflicts with his religious
17beliefs.
18    (g) School boards or their designee shall provide to the
19parents of a child or, if applicable, the Department of
20Children and Family Services' Office of Education and
21Transition Services prior written notice of any decision (a)
22proposing to initiate or change, or (b) refusing to initiate
23or change, the identification, evaluation, or educational
24placement of the child or the provision of a free appropriate
25public education to their child, and the reasons therefor. For
26a parent, such written notification shall also inform the

 

 

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1parent of the opportunity to present complaints with respect
2to any matter relating to the educational placement of the
3student, or the provision of a free appropriate public
4education and to have an impartial due process hearing on the
5complaint. The notice shall inform the parents in the parents'
6native language, unless it is clearly not feasible to do so, of
7their rights and all procedures available pursuant to this Act
8and the federal Individuals with Disabilities Education
9Improvement Act of 2004 (Public Law 108-446); it shall be the
10responsibility of the State Superintendent to develop uniform
11notices setting forth the procedures available under this Act
12and the federal Individuals with Disabilities Education
13Improvement Act of 2004 (Public Law 108-446) to be used by all
14school boards. The notice shall also inform the parents of the
15availability upon request of a list of free or low-cost legal
16and other relevant services available locally to assist
17parents in initiating an impartial due process hearing. The
18State Superintendent shall revise the uniform notices required
19by this subsection (g) to reflect current law and procedures
20at least once every 2 years. Any parent who is deaf or does not
21normally communicate using spoken English and who participates
22in a meeting with a representative of a local educational
23agency for the purposes of developing an individualized
24educational program or attends a multidisciplinary conference
25shall be entitled to the services of an interpreter. The State
26Board of Education must adopt rules to establish the criteria,

 

 

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1standards, and competencies for a bilingual language
2interpreter who attends an individualized education program
3meeting under this subsection to assist a parent who has
4limited English proficiency.
5    (g-5) For purposes of this subsection (g-5), "qualified
6professional" means an individual who holds credentials to
7evaluate the child in the domain or domains for which an
8evaluation is sought or an intern working under the direct
9supervision of a qualified professional, including a master's
10or doctoral degree candidate.
11    To ensure that a parent can participate fully and
12effectively with school personnel in the development of
13appropriate educational and related services for his or her
14child, the parent, an independent educational evaluator, or a
15qualified professional retained by or on behalf of a parent or
16child must be afforded reasonable access to educational
17facilities, personnel, classrooms, and buildings and to the
18child as provided in this subsection (g-5). The requirements
19of this subsection (g-5) apply to any public school facility,
20building, or program and to any facility, building, or program
21supported in whole or in part by public funds. Prior to
22visiting a school, school building, or school facility, the
23parent, independent educational evaluator, or qualified
24professional may be required by the school district to inform
25the building principal or supervisor in writing of the
26proposed visit, the purpose of the visit, and the approximate

 

 

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1duration of the visit. The visitor and the school district
2shall arrange the visit or visits at times that are mutually
3agreeable. Visitors shall comply with school safety, security,
4and visitation policies at all times. School district
5visitation policies must not conflict with this subsection
6(g-5). Visitors shall be required to comply with the
7requirements of applicable privacy laws, including those laws
8protecting the confidentiality of education records such as
9the federal Family Educational Rights and Privacy Act and the
10Illinois School Student Records Act. The visitor shall not
11disrupt the educational process.
12        (1) A parent must be afforded reasonable access of
13    sufficient duration and scope for the purpose of observing
14    his or her child in the child's current educational
15    placement, services, or program or for the purpose of
16    visiting an educational placement or program proposed for
17    the child.
18        (2) An independent educational evaluator or a
19    qualified professional retained by or on behalf of a
20    parent or child must be afforded reasonable access of
21    sufficient duration and scope for the purpose of
22    conducting an evaluation of the child, the child's
23    performance, the child's current educational program,
24    placement, services, or environment, or any educational
25    program, placement, services, or environment proposed for
26    the child, including interviews of educational personnel,

 

 

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1    child observations, assessments, tests or assessments of
2    the child's educational program, services, or placement or
3    of any proposed educational program, services, or
4    placement. If one or more interviews of school personnel
5    are part of the evaluation, the interviews must be
6    conducted at a mutually agreed-upon agreed upon time,
7    date, and place that do not interfere with the school
8    employee's school duties. The school district may limit
9    interviews to personnel having information relevant to the
10    child's current educational services, program, or
11    placement or to a proposed educational service, program,
12    or placement.
13(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
14102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
155-13-22; 102-1072, eff. 6-10-22; revised 9-20-23.)
 
16    (Text of Section after amendment by P.A. 103-197)
17    Sec. 14-8.02. Identification, evaluation, and placement of
18children.
19    (a) The State Board of Education shall make rules under
20which local school boards shall determine the eligibility of
21children to receive special education. Such rules shall ensure
22that a free appropriate public education be available to all
23children with disabilities as defined in Section 14-1.02. The
24State Board of Education shall require local school districts
25to administer non-discriminatory procedures or tests to

 

 

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1English learners coming from homes in which a language other
2than English is used to determine their eligibility to receive
3special education. The placement of low English proficiency
4students in special education programs and facilities shall be
5made in accordance with the test results reflecting the
6student's linguistic, cultural and special education needs.
7For purposes of determining the eligibility of children the
8State Board of Education shall include in the rules
9definitions of "case study", "staff conference",
10"individualized educational program", and "qualified
11specialist" appropriate to each category of children with
12disabilities as defined in this Article. For purposes of
13determining the eligibility of children from homes in which a
14language other than English is used, the State Board of
15Education shall include in the rules definitions for
16"qualified bilingual specialists" and "linguistically and
17culturally appropriate individualized educational programs".
18For purposes of this Section, as well as Sections 14-8.02a,
1914-8.02b, and 14-8.02c of this Code, "parent" means a parent
20as defined in the federal Individuals with Disabilities
21Education Act (20 U.S.C. 1401(23)).
22    (b) No child shall be eligible for special education
23facilities except with a carefully completed case study fully
24reviewed by professional personnel in a multidisciplinary
25staff conference and only upon the recommendation of qualified
26specialists or a qualified bilingual specialist, if available.

 

 

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1At the conclusion of the multidisciplinary staff conference,
2the parent of the child and, if the child is in the legal
3custody of the Department of Children and Family Services, the
4Department's Office of Education and Transition Services shall
5be given a copy of the multidisciplinary conference summary
6report and recommendations, which includes options considered,
7and, in the case of the parent, be informed of his or her right
8to obtain an independent educational evaluation if he or she
9disagrees with the evaluation findings conducted or obtained
10by the school district. If the school district's evaluation is
11shown to be inappropriate, the school district shall reimburse
12the parent for the cost of the independent evaluation. The
13State Board of Education shall, with advice from the State
14Advisory Council on Education of Children with Disabilities on
15the inclusion of specific independent educational evaluators,
16prepare a list of suggested independent educational
17evaluators. The State Board of Education shall include on the
18list clinical psychologists licensed pursuant to the Clinical
19Psychologist Licensing Act. Such psychologists shall not be
20paid fees in excess of the amount that would be received by a
21school psychologist for performing the same services. The
22State Board of Education shall supply school districts with
23such list and make the list available to parents at their
24request. School districts shall make the list available to
25parents at the time they are informed of their right to obtain
26an independent educational evaluation. However, the school

 

 

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1district may initiate an impartial due process hearing under
2this Section within 5 days of any written parent request for an
3independent educational evaluation to show that its evaluation
4is appropriate. If the final decision is that the evaluation
5is appropriate, the parent still has a right to an independent
6educational evaluation, but not at public expense. An
7independent educational evaluation at public expense must be
8completed within 30 days of a parent written request unless
9the school district initiates an impartial due process hearing
10or the parent or school district offers reasonable grounds to
11show that such 30-day time period should be extended. If the
12due process hearing decision indicates that the parent is
13entitled to an independent educational evaluation, it must be
14completed within 30 days of the decision unless the parent or
15the school district offers reasonable grounds to show that
16such 30-day period should be extended. If a parent disagrees
17with the summary report or recommendations of the
18multidisciplinary conference or the findings of any
19educational evaluation which results therefrom, the school
20district shall not proceed with a placement based upon such
21evaluation and the child shall remain in his or her regular
22classroom setting. No child shall be eligible for admission to
23a special class for children with a mental disability who are
24educable or for children with a mental disability who are
25trainable except with a psychological evaluation and
26recommendation by a school psychologist. Consent shall be

 

 

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1obtained from the parent of a child before any evaluation is
2conducted. If consent is not given by the parent or if the
3parent disagrees with the findings of the evaluation, then the
4school district may initiate an impartial due process hearing
5under this Section. The school district may evaluate the child
6if that is the decision resulting from the impartial due
7process hearing and the decision is not appealed or if the
8decision is affirmed on appeal. The determination of
9eligibility shall be made and the IEP meeting shall be
10completed within 60 school days from the date of written
11parental consent. In those instances when written parental
12consent is obtained with fewer than 60 pupil attendance days
13left in the school year, the eligibility determination shall
14be made and the IEP meeting shall be completed prior to the
15first day of the following school year. Special education and
16related services must be provided in accordance with the
17student's IEP no later than 10 school attendance days after
18notice is provided to the parents pursuant to Section 300.503
19of Title 34 of the Code of Federal Regulations and
20implementing rules adopted by the State Board of Education.
21The appropriate program pursuant to the individualized
22educational program of students whose native tongue is a
23language other than English shall reflect the special
24education, cultural and linguistic needs. No later than
25September 1, 1993, the State Board of Education shall
26establish standards for the development, implementation and

 

 

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1monitoring of appropriate bilingual special individualized
2educational programs. The State Board of Education shall
3further incorporate appropriate monitoring procedures to
4verify implementation of these standards. The district shall
5indicate to the parent, the State Board of Education, and, if
6applicable, the Department's Office of Education and
7Transition Services the nature of the services the child will
8receive for the regular school term while awaiting placement
9in the appropriate special education class. At the child's
10initial IEP meeting and at each annual review meeting, the
11child's IEP team shall provide the child's parent or guardian
12and, if applicable, the Department's Office of Education and
13Transition Services with a written notification that informs
14the parent or guardian or the Department's Office of Education
15and Transition Services that the IEP team is required to
16consider whether the child requires assistive technology in
17order to receive free, appropriate public education. The
18notification must also include a toll-free telephone number
19and internet address for the State's assistive technology
20program.
21    If the child is deaf, hard of hearing, blind, or visually
22impaired or has an orthopedic impairment or physical
23disability and he or she might be eligible to receive services
24from the Illinois School for the Deaf, the Illinois School for
25the Visually Impaired, or the Illinois Center for
26Rehabilitation and Education-Roosevelt, the school district

 

 

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1shall notify the parents, in writing, of the existence of
2these schools and the services they provide and shall make a
3reasonable effort to inform the parents of the existence of
4other, local schools that provide similar services and the
5services that these other schools provide. This notification
6shall include, without limitation, information on school
7services, school admissions criteria, and school contact
8information.
9    In the development of the individualized education program
10for a student who has a disability on the autism spectrum
11(which includes autistic disorder, Asperger's disorder,
12pervasive developmental disorder not otherwise specified,
13childhood disintegrative disorder, and Rett Syndrome, as
14defined in the Diagnostic and Statistical Manual of Mental
15Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
16consider all of the following factors:
17        (1) The verbal and nonverbal communication needs of
18    the child.
19        (2) The need to develop social interaction skills and
20    proficiencies.
21        (3) The needs resulting from the child's unusual
22    responses to sensory experiences.
23        (4) The needs resulting from resistance to
24    environmental change or change in daily routines.
25        (5) The needs resulting from engagement in repetitive
26    activities and stereotyped movements.

 

 

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1        (6) The need for any positive behavioral
2    interventions, strategies, and supports to address any
3    behavioral difficulties resulting from autism spectrum
4    disorder.
5        (7) Other needs resulting from the child's disability
6    that impact progress in the general curriculum, including
7    social and emotional development.
8Public Act 95-257 does not create any new entitlement to a
9service, program, or benefit, but must not affect any
10entitlement to a service, program, or benefit created by any
11other law.
12    If the student may be eligible to participate in the
13Home-Based Support Services Program for Adults with Mental
14Disabilities authorized under the Developmental Disability and
15Mental Disability Services Act upon becoming an adult, the
16student's individualized education program shall include plans
17for (i) determining the student's eligibility for those
18home-based services, (ii) enrolling the student in the program
19of home-based services, and (iii) developing a plan for the
20student's most effective use of the home-based services after
21the student becomes an adult and no longer receives special
22educational services under this Article. The plans developed
23under this paragraph shall include specific actions to be
24taken by specified individuals, agencies, or officials.
25    (c) In the development of the individualized education
26program for a student who is functionally blind, it shall be

 

 

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1presumed that proficiency in Braille reading and writing is
2essential for the student's satisfactory educational progress.
3For purposes of this subsection, the State Board of Education
4shall determine the criteria for a student to be classified as
5functionally blind. Students who are not currently identified
6as functionally blind who are also entitled to Braille
7instruction include: (i) those whose vision loss is so severe
8that they are unable to read and write at a level comparable to
9their peers solely through the use of vision, and (ii) those
10who show evidence of progressive vision loss that may result
11in functional blindness. Each student who is functionally
12blind shall be entitled to Braille reading and writing
13instruction that is sufficient to enable the student to
14communicate with the same level of proficiency as other
15students of comparable ability. Instruction should be provided
16to the extent that the student is physically and cognitively
17able to use Braille. Braille instruction may be used in
18combination with other special education services appropriate
19to the student's educational needs. The assessment of each
20student who is functionally blind for the purpose of
21developing the student's individualized education program
22shall include documentation of the student's strengths and
23weaknesses in Braille skills. Each person assisting in the
24development of the individualized education program for a
25student who is functionally blind shall receive information
26describing the benefits of Braille instruction. The

 

 

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1individualized education program for each student who is
2functionally blind shall specify the appropriate learning
3medium or media based on the assessment report.
4    (c-5) In the development of the individualized education
5program for a student who is 17 years of age or older, or will
6be during that school year, the IEP team shall consider voter
7registration as an appropriate goal or competency to be
8included in the IEP, and, if appropriate, when and how voter
9registration shall be accomplished. Any resulting decisions
10shall be included in the IEP.
11    (d) To the maximum extent appropriate, the placement shall
12provide the child with the opportunity to be educated with
13children who do not have a disability; provided that children
14with disabilities who are recommended to be placed into
15regular education classrooms are provided with supplementary
16services to assist the children with disabilities to benefit
17from the regular classroom instruction and are included on the
18teacher's regular education class register. Subject to the
19limitation of the preceding sentence, placement in special
20classes, separate schools or other removal of the child with a
21disability from the regular educational environment shall
22occur only when the nature of the severity of the disability is
23such that education in the regular classes with the use of
24supplementary aids and services cannot be achieved
25satisfactorily. The placement of English learners with
26disabilities shall be in non-restrictive environments which

 

 

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1provide for integration with peers who do not have
2disabilities in bilingual classrooms. Annually, each January,
3school districts shall report data on students from
4non-English speaking backgrounds receiving special education
5and related services in public and private facilities as
6prescribed in Section 2-3.30. If there is a disagreement
7between parties involved regarding the special education
8placement of any child, either in-state or out-of-state, the
9placement is subject to impartial due process procedures
10described in Article 10 of the Rules and Regulations to Govern
11the Administration and Operation of Special Education.
12    (e) No child who comes from a home in which a language
13other than English is the principal language used may be
14assigned to any class or program under this Article until he
15has been given, in the principal language used by the child and
16used in his home, tests reasonably related to his cultural
17environment. All testing and evaluation materials and
18procedures utilized for evaluation and placement shall not be
19linguistically, racially or culturally discriminatory.
20    (f) Nothing in this Article shall be construed to require
21any child to undergo any physical examination or medical
22treatment whose parents object thereto on the grounds that
23such examination or treatment conflicts with his religious
24beliefs.
25    (g) School boards or their designee shall provide to the
26parents of a child or, if applicable, the Department of

 

 

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1Children and Family Services' Office of Education and
2Transition Services prior written notice of any decision (a)
3proposing to initiate or change, or (b) refusing to initiate
4or change, the identification, evaluation, or educational
5placement of the child or the provision of a free appropriate
6public education to their child, and the reasons therefor. For
7a parent, such written notification shall also inform the
8parent of the opportunity to present complaints with respect
9to any matter relating to the educational placement of the
10student, or the provision of a free appropriate public
11education and to have an impartial due process hearing on the
12complaint. The notice shall inform the parents in the parents'
13native language, unless it is clearly not feasible to do so, of
14their rights and all procedures available pursuant to this Act
15and the federal Individuals with Disabilities Education
16Improvement Act of 2004 (Public Law 108-446); it shall be the
17responsibility of the State Superintendent to develop uniform
18notices setting forth the procedures available under this Act
19and the federal Individuals with Disabilities Education
20Improvement Act of 2004 (Public Law 108-446) to be used by all
21school boards. The notice shall also inform the parents of the
22availability upon request of a list of free or low-cost legal
23and other relevant services available locally to assist
24parents in initiating an impartial due process hearing. The
25State Superintendent shall revise the uniform notices required
26by this subsection (g) to reflect current law and procedures

 

 

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1at least once every 2 years. Any parent who is deaf or does not
2normally communicate using spoken English and who participates
3in a meeting with a representative of a local educational
4agency for the purposes of developing an individualized
5educational program or attends a multidisciplinary conference
6shall be entitled to the services of an interpreter. The State
7Board of Education must adopt rules to establish the criteria,
8standards, and competencies for a bilingual language
9interpreter who attends an individualized education program
10meeting under this subsection to assist a parent who has
11limited English proficiency.
12    (g-5) For purposes of this subsection (g-5), "qualified
13professional" means an individual who holds credentials to
14evaluate the child in the domain or domains for which an
15evaluation is sought or an intern working under the direct
16supervision of a qualified professional, including a master's
17or doctoral degree candidate.
18    To ensure that a parent can participate fully and
19effectively with school personnel in the development of
20appropriate educational and related services for his or her
21child, the parent, an independent educational evaluator, or a
22qualified professional retained by or on behalf of a parent or
23child must be afforded reasonable access to educational
24facilities, personnel, classrooms, and buildings and to the
25child as provided in this subsection (g-5). The requirements
26of this subsection (g-5) apply to any public school facility,

 

 

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1building, or program and to any facility, building, or program
2supported in whole or in part by public funds. Prior to
3visiting a school, school building, or school facility, the
4parent, independent educational evaluator, or qualified
5professional may be required by the school district to inform
6the building principal or supervisor in writing of the
7proposed visit, the purpose of the visit, and the approximate
8duration of the visit. The visitor and the school district
9shall arrange the visit or visits at times that are mutually
10agreeable. Visitors shall comply with school safety, security,
11and visitation policies at all times. School district
12visitation policies must not conflict with this subsection
13(g-5). Visitors shall be required to comply with the
14requirements of applicable privacy laws, including those laws
15protecting the confidentiality of education records such as
16the federal Family Educational Rights and Privacy Act and the
17Illinois School Student Records Act. The visitor shall not
18disrupt the educational process.
19        (1) A parent must be afforded reasonable access of
20    sufficient duration and scope for the purpose of observing
21    his or her child in the child's current educational
22    placement, services, or program or for the purpose of
23    visiting an educational placement or program proposed for
24    the child.
25        (2) An independent educational evaluator or a
26    qualified professional retained by or on behalf of a

 

 

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1    parent or child must be afforded reasonable access of
2    sufficient duration and scope for the purpose of
3    conducting an evaluation of the child, the child's
4    performance, the child's current educational program,
5    placement, services, or environment, or any educational
6    program, placement, services, or environment proposed for
7    the child, including interviews of educational personnel,
8    child observations, assessments, tests or assessments of
9    the child's educational program, services, or placement or
10    of any proposed educational program, services, or
11    placement. If one or more interviews of school personnel
12    are part of the evaluation, the interviews must be
13    conducted at a mutually agreed-upon agreed upon time,
14    date, and place that do not interfere with the school
15    employee's school duties. The school district may limit
16    interviews to personnel having information relevant to the
17    child's current educational services, program, or
18    placement or to a proposed educational service, program,
19    or placement.
20    (h) In the development of the individualized education
21program or federal Section 504 plan for a student, if the
22student needs extra accommodation during emergencies,
23including natural disasters or an active shooter situation,
24then that accommodation shall be taken into account when
25developing the student's individualized education program or
26federal Section 504 plan.

 

 

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1(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
2102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
36-10-22; 103-197, eff. 1-1-24; revised 9-20-23.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect July 1,
122024.