HB5668 98TH GENERAL ASSEMBLY

LRB098 18745 NHT 53888 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5668

Introduced , by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-80 new

Amends the School Code. Requires the State Board of Education and each school board to (1) ensure that students with disabilities have an equal opportunity to participate in mainstream physical education programs and try out for and, if selected, participate in mainstream athletic programs; (2) ensure the provision of all reasonable accommodations necessary to provide students with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and (3) ensure that adapted, allied, or unified physical education and athletic programs are available. Sets forth exceptions to these requirements. Contains provisions concerning a school board's duty; policies, procedures, and opportunities; compliance, technical assistance, and rulemaking.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-80 as follows:

(105 ILCS 5/22-80 new)

Sec. 22-80. Fitness and athletic equity for students with disabilities.

(a) In this Section:

"Adapted program" means a program that is developed for a student with a disability.

"Allied program" or "unified program" means a program that is specifically designed to combine groups of students with and without disabilities together in physical activity.

"Mainstream athletic program" means an intramural or interscholastic athletic activity that is developed and offered to students in accordance with criteria established by the State Board of Education.

"Mainstream physical education program" means a physical education program that is developed and offered to students in accordance with criteria established by the State Board of Education.

"Student with a disability" means a student who meets the definition of a handicapped person under 45 CFR 84.3(j).

(b) A school board must be in compliance with the provisions of this Section as expeditiously as possible, but no later than 3 years after the effective date of this amendatory Act of the 98th General Assembly.

(c) Subject to subsection (d) of this Section, the State Board of Education and each school board shall:

(1) ensure that students with disabilities have an equal opportunity to:

(A) participate in mainstream physical education programs; and

(B) try out for and, if selected, participate in mainstream athletic programs;

(2) ensure the provision of all reasonable accommodations necessary to provide students with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and

(3) ensure that adapted, allied, or unified physical education and athletic programs are available.

(d) An exception to the requirements under subsection (c) of this Section may be made when the inclusion of a student:

(1) presents an objective safety risk to the student or to others, based on an individualized assessment of the student; or

(2) fundamentally alters the nature of the school's mainstream physical education or mainstream athletic program.

(e) The provision of adapted, allied, or unified programs for students with disabilities does not mitigate the duty of a school board to provide an individual student with a disability an equal opportunity to be fully included in mainstream physical education and mainstream athletic programs.

(f) A school board shall:

(1) develop policies and procedures to promote and protect the inclusion of students with disabilities into mainstream physical education and mainstream athletic programs; and

(2) provide the opportunity for students with disabilities to participate in extracurricular or interscholastic competition, as demonstrated by:

(A) equivalent opportunities for participation in extracurricular or interscholastic athletic programs; or

(B) evidence indicating that the interests and abilities of students with disabilities have been fully and effectively accommodated by the school board's implemented programs.

The State Board of Education shall adopt a model policy to assist a school board with the implementation of this Section.

(g) The State Board of Education shall monitor the compliance of school boards with the provisions of this Section. The State Board of Education may investigate and take corrective action in response to complaints from parents, guardians, or legal representatives of students with disabilities who allege a violation of the provisions of this Section.

(h) On or before May 15 of each year, each school board shall submit to the State Board of Education a report of the school system's compliance with the provisions of this Section. The first annual report completed by a school board shall include:

(1) the number of students with disabilities that participate in the school system's mainstream physical education or mainstream athletic programs; and

(2) a description of plans by the school board to affirmatively engage students with disabilities in mainstream physical education or mainstream athletic programs. Subsequent reports submitted by a school board shall be consistent with rules adopted by the State Board of Education.

On or before May 1 of each year, the State Board of Education shall submit to the General Assembly a report of compliance with the provisions of this Section.

(i) The State Board of Education shall provide technical assistance to school boards concerning the provisions of this Section.

(j) The State Board of Education shall adopt rules as necessary to implement this Section.