Illinois General Assembly - Full Text of HB3586
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Full Text of HB3586  101st General Assembly




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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
514-6.01 and 14-8.02f and by adding Section 14-8.02g as follows:
6    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
7    Sec. 14-6.01. Powers and duties of school boards. School
8boards of one or more school districts establishing and
9maintaining any of the educational facilities described in this
10Article shall, in connection therewith, exercise similar
11powers and duties as are prescribed by law for the
12establishment, maintenance, and management of other recognized
13educational facilities. Such school boards shall include only
14eligible children in the program and shall comply with all the
15requirements of this Article and all rules and regulations
16established by the State Board of Education. Such school boards
17shall accept in part-time attendance children with
18disabilities of the types described in Sections 14-1.02 through
1914-1.07 who are enrolled in nonpublic schools. A request for
20part-time attendance must be submitted by a parent or guardian
21of the child with a disability and may be made only to those
22public schools located in the district where the child
23attending the nonpublic school resides; however, nothing in



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1this Section shall be construed as prohibiting an agreement
2between the district where the child resides and another public
3school district to provide special educational services if such
4an arrangement is deemed more convenient and economical.
5Special education and related services must be provided in
6accordance with the student's IEP no later than 10 school
7attendance days after notice is provided to the parents
8pursuant to Section 300.503 of Title 34 of the Code of Federal
9Regulations and implementing rules adopted by the State Board
10of Education. Transportation for students in part time
11attendance shall be provided only if required in the child's
12individualized educational program on the basis of the child's
13disabling condition or as the special education program
14location may require.
15    Beginning with the 2019-2020 school year, a school board
16shall post on its Internet website, if any, and incorporate
17into its student handbook or newsletter notice that students
18with disabilities who do not qualify for an individualized
19education program, as required by the federal Individuals with
20Disabilities Education Act and implementing provisions of this
21Code, may qualify for services under Section 504 of the federal
22Rehabilitation Act of 1973 if the child (i) has a physical or
23mental impairment that substantially limits one or more major
24life activities, (ii) has a record of a physical or mental
25impairment, or (iii) is regarded as having a physical or mental
26impairment. Such notice shall identify the location and phone



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1number of the office or agent of the school district to whom
2inquiries should be directed regarding the identification,
3assessment and placement of such children.
4    For a school district organized under Article 34 only,
5beginning with the 2019-2020 school year, the school district
6shall, in collaboration with its primary office overseeing
7special education, publish on the school district's publicly
8available website any proposed changes to its special education
9policies, directives, guidelines, or procedures that impact
10the provision of educational or related services to students
11with disabilities or the procedural safeguards afforded to
12students with disabilities or their parents or guardians made
13by the school district or school board. Any policy, directive,
14guideline, or procedural change that impacts those provisions
15or safeguards that is authorized by the school district's
16primary office overseeing special education or any other
17administrative office of the school district must be published
18on the school district's publicly available website no later
19than 45 days before the adoption of that change. Any policy
20directive, guideline, or procedural change that impacts those
21provisions or safeguards that is authorized by the school board
22must be published on the school district's publicly available
23website no later than 30 days before the date of presentation
24to the school board for adoption. The school district's website
25must allow for virtual public comments on proposed special
26education policy, directive, guideline, or procedural changes



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1that impact the provision of educational or related services to
2students with disabilities or the procedural safeguards
3afforded to students with disabilities or their parents or
4guardians from the date of the notification of the proposed
5change on the website until the date the change is adopted by
6the school district or until the date the change is presented
7to the school board for adoption. After the period for public
8comment is closed, the school district must maintain all public
9comments for a period of not less than 2 years from the date
10the special education change is adopted. The public comments
11are subject to the Freedom of Information Act. The school board
12shall, at a minimum, advertise the notice of the change and
13availability for public comment on its website. The State Board
14of Education may add additional reporting requirements for the
15district beyond policy, directive, guideline, or procedural
16changes that impact the provision of educational or related
17services to students with disabilities or the procedural
18safeguards afforded to students with disabilities or their
19parents or guardians if the State Board determines it is in the
20best interest of the students enrolled in the district
21receiving special education services.
22    School boards shall immediately provide upon request by any
23person written materials and other information that indicates
24the specific policies, procedures, rules and regulations
25regarding the identification, evaluation or educational
26placement of children with disabilities under Section 14-8.02



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1of the School Code. Such information shall include information
2regarding all rights and entitlements of such children under
3this Code, and of the opportunity to present complaints with
4respect to any matter relating to educational placement of the
5student, or the provision of a free appropriate public
6education and to have an impartial due process hearing on the
7complaint. The notice shall inform the parents or guardian in
8the parents' or guardian's native language, unless it is
9clearly not feasible to do so, of their rights and all
10procedures available pursuant to this Act and federal Public
11Law 94-142; it shall be the responsibility of the State
12Superintendent to develop uniform notices setting forth the
13procedures available under this Act and federal Public Law
1494-142, as amended, to be used by all school boards. The notice
15shall also inform the parents or guardian of the availability
16upon request of a list of free or low-cost legal and other
17relevant services available locally to assist parents or
18guardians in exercising rights or entitlements under this Code.
19For a school district organized under Article 34 only, the
20school district must make the entirety of its special education
21Procedural Manual and any other guidance documents pertaining
22to special education publicly available, in print and on the
23school district's website, in both English and Spanish. Upon
24request, the school district must make the Procedural Manual
25and other guidance documents available in print in any other
26language and accessible for individuals with disabilities.



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1    Any parent or guardian who is deaf, or does not normally
2communicate using spoken English, who participates in a meeting
3with a representative of a local educational agency for the
4purposes of developing an individualized educational program
5shall be entitled to the services of an interpreter.
6    No student with a disability or, in a school district
7organized under Article 34 of this Code, child with a learning
8disability may be denied promotion, graduation or a general
9diploma on the basis of failing a minimal competency test when
10such failure can be directly related to the disabling condition
11of the student. For the purpose of this Act, "minimal
12competency testing" is defined as tests which are constructed
13to measure the acquisition of skills to or beyond a certain
14defined standard.
15    Effective July 1, 1966, high school districts are
16financially responsible for the education of pupils with
17disabilities who are residents in their districts when such
18pupils have reached age 15 but may admit children with
19disabilities into special educational facilities without
20regard to graduation from the eighth grade after such pupils
21have reached the age of 14 1/2 years. Upon a pupil with a
22disability attaining the age of 14 1/2 years, it shall be the
23duty of the elementary school district in which the pupil
24resides to notify the high school district in which the pupil
25resides of the pupil's current eligibility for special
26education services, of the pupil's current program, and of all



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1evaluation data upon which the current program is based. After
2an examination of that information the high school district may
3accept the current placement and all subsequent timelines shall
4be governed by the current individualized educational program;
5or the high school district may elect to conduct its own
6evaluation and multidisciplinary staff conference and
7formulate its own individualized educational program, in which
8case the procedures and timelines contained in Section 14-8.02
9shall apply.
10(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16;
11100-201, eff. 8-18-17; 100-1112, eff. 8-28-18.)
12    (105 ILCS 5/14-8.02f)
13    Sec. 14-8.02f. Individualized education program meeting
14protections ; municipality with 1,000,000 or more inhabitants.
15    (a) (Blank). This Section only applies to school districts
16organized under Article 34 of this Code.
17    (b) This subsection (b) applies only to a school district
18organized under Article 34. No later than 10 calendar days
19prior to a child's individualized education program meeting or
20as soon as possible if a meeting is scheduled within 10
21calendar days with written parental consent, the school board
22or school personnel must provide the child's parent or guardian
23with a written notification of the services that require a
24specific data collection procedure from the school district for
25services related to the child's individualized education



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1program. The notification must indicate, with a checkbox,
2whether specific data has been collected for the child's
3individualized education program services. For purposes of
4this subsection (b), individualized education program services
5must include, but are not limited to, paraprofessional support,
6an extended school year, transportation, therapeutic day
7school, and services for specific learning disabilities.
8    (c) No later than 3 5 school days prior to a child's
9individualized education program eligibility meeting or
10meeting to review a child's individualized education program,
11or as soon as possible if an individualized education program
12meeting is scheduled within 3 school days with the written
13consent of the child's parent or guardian, the local education
14agency must provide the child's parent or guardian with copies
15of all written material that will be considered by the
16individualized education program team at the meeting so that
17the parent or guardian may participate in the meeting as a
18fully-informed team member. The written material must include,
19but is not limited to, all evaluations and collected data that
20will be considered at the meeting and, for a child who already
21has an individualized education program, a copy of all
22individualized education program components that will be
23discussed by the individualized education program team, other
24than the components related to the educational and related
25service minutes proposed for the child and the child's
26educational placement. as soon as possible if a meeting is



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1scheduled within 5 school days with written parental consent,
2the school board or school personnel must provide the child's
3parent or guardian with a draft individualized education
4program. The draft must contain all relevant information
5collected about the child and must include, but is not limited
6to, the program's goals, draft accommodations and
7modifications, copies of all conducted evaluations, and any
8collected data.
9    (d) Local education agencies must make related service logs
10that record the type of related services administered under the
11child's individualized education program and the minutes of
12each type of related service that has been administered
13available to the child's parent or guardian at the annual
14review of the child's individualized education program and must
15also provide a copy of the related service logs at any time
16upon request of the child's parent or guardian. The local
17education agency must inform the child's parent or guardian
18within 20 school days from the beginning of the school year or
19upon establishment of an individualized education program of
20his or her ability to request those related service logs. If a
21child's individualized education program team determines that
22certain services are required in order for the child to receive
23a free, appropriate public education and those services are not
24administered implemented within 10 school days after a date or
25frequency set forth by the child's individualized education
26program the team's determination, then the local education



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1agency school board shall provide the child's parent or
2guardian with written notification that those services have not
3yet been administered to the child. The notification must be
4provided to the child's parent or guardian within 3 school days
5of the local education agency's non-compliance with the child's
6individualized education program and must include information
7on the parent's or guardian's ability to request compensatory
8services. In this subsection (d), "school days" does not
9include days where a child is absent from school for reasons
10unrelated to a lack of individualized education program
12    (e) The State Board of Education may create a telephone
13hotline to address complaints regarding the special education
14services or lack of special education services of a school
15district subject to this Section. If a hotline is created, it
16must be available to all students enrolled in the school
17district, parents or guardians of those students, and school
18personnel. If a hotline is created, any complaints received
19through the hotline must be registered and recorded with the
20State Board's monitor of special education policies. No
21student, parent or guardian, or member of school personnel may
22be retaliated against for submitting a complaint through a
23telephone hotline created by the State Board under this
24subsection (e).
25    (f) A school district subject to this Section may not use
26any measure that would prevent or delay an individualized



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1education program team from adding a service to the program or
2create a time restriction in which a service is prohibited from
3being added to the program. The school district may not build
4functions into its computer software that would remove any
5services from a student's individualized education program
6without the approval of the program team and may not prohibit
7the program team from adding a service to the program.
8(Source: P.A. 100-993, eff. 8-20-18.)
9    (105 ILCS 5/14-8.02g new)
10    Sec. 14-8.02g. Response to scientific, research-based
12    (a) In this Section, "response to scientific,
13research-based intervention" or "multi-tiered systems of
14support" means a tiered process of school support that utilizes
15differentiated instructional strategies for students, provides
16students with scientific, research-based interventions,
17continuously monitors student performance using
18scientifically, research-based progress monitoring
19instruments, and makes educational decisions based on a
20student's response to the interventions. Response to
21scientific, research-based intervention or multi-tiered
22systems of support use a problem-solving method to define the
23problem, analyze the problem using data to determine why there
24is a discrepancy between what is expected and what is
25occurring, establish one or more student performance goals,



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1develop an intervention plan to address the performance goals,
2and delineate how the student's progress will be monitored and
3how implementation integrity will be ensured.
4    (b) A school district must utilize response to scientific,
5research-based intervention or multi-tiered systems of support
6as part of an evaluation procedure to determine if a child is
7eligible for special education services due to a specific
8learning disability. A school district may utilize the data
9generated during the response to scientific, research-based
10intervention or multi-tiered systems of support process in an
11evaluation to determine if a child is eligible for special
12education services due to any category of disability.
13    (c) The response to scientific, research-based
14intervention or multi-tiered systems of support process must
15involve a collaborative team approach, with the parent or
16guardian of a student being part of the collaborative team. The
17parent or guardian of a student must be involved in the data
18sharing and decision-making processes of support under this
19Section. The State Board of Education may provide guidance to a
20school district and identify available resources related to
21facilitating parental or guardian participation in the
22response to scientific, research-based intervention or
23multi-tiered systems of support process.
24    (d) Nothing in this Section affects the responsibility of a
25school district to identify, locate, and evaluate children with
26disabilities who are in need of special education services in



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1accordance with the federal Individuals with Disabilities
2Education Improvement Act of 2004, this Code, or any applicable
3federal or State rules.
4    Section 10. The Illinois School Student Records Act is
5amended by changing Section 2 as follows:
6    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
7    Sec. 2. As used in this Act,
8    (a) "Student" means any person enrolled or previously
9enrolled in a school.
10    (b) "School" means any public preschool, day care center,
11kindergarten, nursery, elementary or secondary educational
12institution, vocational school, special educational facility
13or any other elementary or secondary educational agency or
14institution and any person, agency or institution which
15maintains school student records from more than one school, but
16does not include a private or non-public school.
17    (c) "State Board" means the State Board of Education.
18    (d) "School Student Record" means any writing or other
19recorded information concerning a student and by which a
20student may be individually identified, maintained by a school
21or at its direction or by an employee of a school, regardless
22of how or where the information is stored. The following shall
23not be deemed school student records under this Act: writings
24or other recorded information maintained by an employee of a



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1school or other person at the direction of a school for his or
2her exclusive use; provided that all such writings and other
3recorded information are destroyed not later than the student's
4graduation or permanent withdrawal from the school; and
5provided further that no such records or recorded information
6may be released or disclosed to any person except a person
7designated by the school as a substitute unless they are first
8incorporated in a school student record and made subject to all
9of the provisions of this Act. School student records shall not
10include information maintained by law enforcement
11professionals working in the school.
12    (e) "Student Permanent Record" means the minimum personal
13information necessary to a school in the education of the
14student and contained in a school student record. Such
15information may include the student's name, birth date,
16address, grades and grade level, parents' names and addresses,
17attendance records, and such other entries as the State Board
18may require or authorize.
19    (f) "Student Temporary Record" means all information
20contained in a school student record but not contained in the
21student permanent record. Such information may include family
22background information, intelligence test scores, aptitude
23test scores, psychological and personality test results,
24teacher evaluations, and other information of clear relevance
25to the education of the student, all subject to regulations of
26the State Board. The information shall include information



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1provided under Section 8.6 of the Abused and Neglected Child
2Reporting Act and information contained in service logs
3maintained by a local education agency under subsection (d) of
4Section 14-8.02f of the School Code. In addition, the student
5temporary record shall include information regarding serious
6disciplinary infractions that resulted in expulsion,
7suspension, or the imposition of punishment or sanction. For
8purposes of this provision, serious disciplinary infractions
9means: infractions involving drugs, weapons, or bodily harm to
11    (g) "Parent" means a person who is the natural parent of
12the student or other person who has the primary responsibility
13for the care and upbringing of the student. All rights and
14privileges accorded to a parent under this Act shall become
15exclusively those of the student upon his 18th birthday,
16graduation from secondary school, marriage or entry into
17military service, whichever occurs first. Such rights and
18privileges may also be exercised by the student at any time
19with respect to the student's permanent school record.
20(Source: P.A. 92-295, eff. 1-1-02.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.