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

HB3586eng 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 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 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 5 school days with written parental
13or guardian consent, the local education agency must provide
14the child's parent or guardian with copies of all relevant
15information collected about the child so that the parent or
16guardian may participate in the meeting as a fully-informed
17team member. The relevant documentation must include, but is
18not limited to, all evaluations and collected data that will be
19considered at the meeting and, for a child who is already found
20to be eligible for an individualized education program, a draft
21copy of all individualized education program components that
22will be discussed by the individualized education program team,
23other than the educational and related service minutes proposed
24for the child and the child's educational placement. as soon as
25possible if a meeting is scheduled within 5 school days with
26written parental consent, the school board or school personnel

 

 

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

 

 

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1yet been administered to the child. The notification must be
2provided to the child's parent or guardian within 3 school days
3of the local education agency's non-compliance with the child's
4individualized education program and must include information
5on the parent's or guardian's ability to request compensatory
6services. In this subsection (d), "school days" does not
7include days where a child is absent from school for reasons
8unrelated to a lack of individualized education program
9services.
10    (e) The State Board of Education may create a telephone
11hotline to address complaints regarding the special education
12services or lack of special education services of a school
13district subject to this Section. If a hotline is created, it
14must be available to all students enrolled in the school
15district, parents or guardians of those students, and school
16personnel. If a hotline is created, any complaints received
17through the hotline must be registered and recorded with the
18State Board's monitor of special education policies. No
19student, parent or guardian, or member of school personnel may
20be retaliated against for submitting a complaint through a
21telephone hotline created by the State Board under this
22subsection (e).
23    (f) A school district subject to this Section may not use
24any measure that would prevent or delay an individualized
25education program team from adding a service to the program or
26create a time restriction in which a service is prohibited from

 

 

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1being added to the program. The school district may not build
2functions into its computer software that would remove any
3services from a student's individualized education program
4without the approval of the program team and may not prohibit
5the program team from adding a service to the program.
6(Source: P.A. 100-993, eff. 8-20-18.)
 
7    Section 10. The Illinois School Student Records Act is
8amended by changing Section 2 as follows:
 
9    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
10    Sec. 2. As used in this Act,
11    (a) "Student" means any person enrolled or previously
12enrolled in a school.
13    (b) "School" means any public preschool, day care center,
14kindergarten, nursery, elementary or secondary educational
15institution, vocational school, special educational facility
16or any other elementary or secondary educational agency or
17institution and any person, agency or institution which
18maintains school student records from more than one school, but
19does not include a private or non-public school.
20    (c) "State Board" means the State Board of Education.
21    (d) "School Student Record" means any writing or other
22recorded information concerning a student and by which a
23student may be individually identified, maintained by a school
24or at its direction or by an employee of a school, regardless

 

 

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

 

 

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1teacher evaluations, and other information of clear relevance
2to the education of the student, all subject to regulations of
3the State Board. The information shall include information
4provided under Section 8.6 of the Abused and Neglected Child
5Reporting Act and information contained in service logs
6maintained by a local education agency under subsection (d) of
7Section 14-8.02f of the School Code. In addition, the student
8temporary record shall include information regarding serious
9disciplinary infractions that resulted in expulsion,
10suspension, or the imposition of punishment or sanction. For
11purposes of this provision, serious disciplinary infractions
12means: infractions involving drugs, weapons, or bodily harm to
13another.
14    (g) "Parent" means a person who is the natural parent of
15the student or other person who has the primary responsibility
16for the care and upbringing of the student. All rights and
17privileges accorded to a parent under this Act shall become
18exclusively those of the student upon his 18th birthday,
19graduation from secondary school, marriage or entry into
20military service, whichever occurs first. Such rights and
21privileges may also be exercised by the student at any time
22with respect to the student's permanent school record.
23(Source: P.A. 92-295, eff. 1-1-02.)
 
24    Section 99. Effective date. This Act takes effect July 1,
252019.