Full Text of SB0460 101st General Assembly
SB0460enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 14-8.02f and by renumbering and changing Section 14-8.02g as | 6 | | added by Public Act 101-515 as follows: | 7 | | (105 ILCS 5/14-8.02f) | 8 | | Sec. 14-8.02f. Individualized education program meeting | 9 | | protections. | 10 | | (a) (Blank). | 11 | | (b) This subsection (b) applies only to a school district | 12 | | organized under Article 34. No later than 10 calendar days | 13 | | prior to a child's individualized education program meeting or | 14 | | as soon as possible if a meeting is scheduled within 10 | 15 | | calendar days with written parental consent, the school board | 16 | | or school personnel must provide the child's parent or guardian | 17 | | with a written notification of the services that require a | 18 | | specific data collection procedure from the school district for | 19 | | services related to the child's individualized education | 20 | | program. The notification must indicate, with a checkbox, | 21 | | whether specific data has been collected for the child's | 22 | | individualized education program services. For purposes of | 23 | | this subsection (b), individualized education program services |
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| 1 | | must include, but are not limited to, paraprofessional support, | 2 | | an extended school year, transportation, therapeutic day | 3 | | school, and services for specific learning disabilities. | 4 | | (c) Beginning on July 1, 2020, no No later than 3 school | 5 | | days prior to a child's individualized education program | 6 | | eligibility meeting or meeting to review a child's | 7 | | individualized education program, or as soon as possible if an | 8 | | individualized education program meeting is scheduled within 3 | 9 | | school days with the written consent of the child's parent or | 10 | | guardian, the local education agency must provide the child's | 11 | | parent or guardian with copies of all written material that | 12 | | will be considered by the individualized education program team | 13 | | at the meeting so that the parent or guardian may participate | 14 | | in the meeting as a fully-informed team member. The written | 15 | | material must include, but is not limited to, all evaluations | 16 | | and collected data that will be considered at the meeting and, | 17 | | for a child who already has an individualized education | 18 | | program, a copy of all individualized education program | 19 | | components that will be discussed by the individualized | 20 | | education program team, other than the components related to | 21 | | the educational and related service minutes proposed for the | 22 | | child and the child's educational placement. | 23 | | (d) Local education agencies must make related service logs | 24 | | that record the type of related services administered under the | 25 | | child's individualized education program and the minutes of | 26 | | each type of related service that has been administered |
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| 1 | | available to the child's parent or guardian at the annual | 2 | | review of the child's individualized education program and must | 3 | | also provide a copy of the related service logs at any time | 4 | | upon request of the child's parent or guardian. The local | 5 | | education agency must inform the child's parent or guardian | 6 | | within 20 school days from the beginning of the school year or | 7 | | upon establishment of an individualized education program of | 8 | | his or her ability to request those related service logs. If a | 9 | | child's individualized education program team determines that | 10 | | certain services are required in order for the child to receive | 11 | | a free, appropriate public education and those services are not | 12 | | administered within 10 school days after a date or frequency | 13 | | set forth by the child's individualized education program, then | 14 | | the local education agency shall provide the child's parent or | 15 | | guardian with written notification that those services have not | 16 | | yet been administered to the child. The notification must be | 17 | | provided to the child's parent or guardian within 3 school days | 18 | | of the local education agency's non-compliance with the child's | 19 | | individualized education program and must include information | 20 | | on the parent's or guardian's ability to request compensatory | 21 | | services. In this subsection (d), "school days" does not | 22 | | include days where a child is absent from school for reasons | 23 | | unrelated to a lack of individualized education program | 24 | | services. | 25 | | (e) The State Board of Education may create a telephone | 26 | | hotline to address complaints regarding the special education |
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| 1 | | services or lack of special education services of a school | 2 | | district subject to this Section. If a hotline is created, it | 3 | | must be available to all students enrolled in the school | 4 | | district, parents or guardians of those students, and school | 5 | | personnel. If a hotline is created, any complaints received | 6 | | through the hotline must be registered and recorded with the | 7 | | State Board's monitor of special education policies. No | 8 | | student, parent or guardian, or member of school personnel may | 9 | | be retaliated against for submitting a complaint through a | 10 | | telephone hotline created by the State Board under this | 11 | | subsection (e). | 12 | | (f) A school district subject to this Section may not use | 13 | | any measure that would prevent or delay an individualized | 14 | | education program team from adding a service to the program or | 15 | | create a time restriction in which a service is prohibited from | 16 | | being added to the program. The school district may not build | 17 | | functions into its computer software that would remove any | 18 | | services from a student's individualized education program | 19 | | without the approval of the program team and may not prohibit | 20 | | the program team from adding a service to the program.
| 21 | | (Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19.) | 22 | | (105 ILCS 5/14-8.02h) | 23 | | Sec. 14-8.02h 14-8.02g . Response to scientific, | 24 | | research-based intervention. | 25 | | (a) In this Section, "response to scientific, |
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| 1 | | research-based intervention" or "multi-tiered systems of | 2 | | support" means a tiered process of school support that utilizes | 3 | | differentiated instructional strategies for students, provides | 4 | | students with scientific, research-based interventions, | 5 | | continuously monitors student performance using | 6 | | scientifically, research-based progress monitoring | 7 | | instruments, and makes educational decisions based on a | 8 | | student's response to the interventions. Response to | 9 | | scientific, research-based intervention or multi-tiered | 10 | | systems of support use a problem-solving method to define the | 11 | | problem, analyze the problem using data to determine why there | 12 | | is a discrepancy between what is expected and what is | 13 | | occurring, establish one or more student performance goals, | 14 | | develop an intervention plan to address the performance goals, | 15 | | and delineate how the student's progress will be monitored and | 16 | | how implementation integrity will be ensured. | 17 | | (b) A school district may must utilize response to | 18 | | scientific, research-based intervention or multi-tiered | 19 | | systems of support as part of an evaluation procedure to | 20 | | determine if a child is eligible for special education services | 21 | | due to a specific learning disability. A school district may | 22 | | utilize the data generated during the response to scientific, | 23 | | research-based intervention or multi-tiered systems of support | 24 | | process in an evaluation to determine if a child is eligible | 25 | | for special education services due to any category of | 26 | | disability. |
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| 1 | | (c) The response to scientific, research-based | 2 | | intervention or multi-tiered systems of support process must | 3 | | involve a collaborative team approach, with the parent or | 4 | | guardian of a student being part of the collaborative team. The | 5 | | parent or guardian of a student must be involved in the data | 6 | | sharing and decision-making processes of support under this | 7 | | Section. The State Board of Education may provide guidance to a | 8 | | school district and identify available resources related to | 9 | | facilitating parental or guardian participation in the | 10 | | response to scientific, research-based intervention or | 11 | | multi-tiered systems of support process. | 12 | | (d) Nothing in this Section affects the responsibility of a | 13 | | school district to identify, locate, and evaluate children with | 14 | | disabilities who are in need of special education services in | 15 | | accordance with the federal Individuals with Disabilities | 16 | | Education Improvement Act of 2004, this Code, or any applicable | 17 | | federal or State rules.
| 18 | | (Source: P.A. 101-515, eff. 8-23-19; revised 10-7-19.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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