Illinois General Assembly - Full Text of SB0460
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Full Text of SB0460  101st General Assembly


Sen. Jennifer Bertino-Tarrant

Adopted in Senate on Oct 30, 2019





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2    AMENDMENT NO. ______. Amend Senate Bill 460 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
514-8.02f and by renumbering and changing 14-8.02g as added by
6Public Act 101-515 as follows:
7    (105 ILCS 5/14-8.02f)
8    Sec. 14-8.02f. Individualized education program meeting
10    (a) (Blank).
11    (b) This subsection (b) applies only to a school district
12organized under Article 34. No later than 10 calendar days
13prior to a child's individualized education program meeting or
14as soon as possible if a meeting is scheduled within 10
15calendar days with written parental consent, the school board
16or school personnel must provide the child's parent or guardian



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1with a written notification of the services that require a
2specific data collection procedure from the school district for
3services related to the child's individualized education
4program. The notification must indicate, with a checkbox,
5whether specific data has been collected for the child's
6individualized education program services. For purposes of
7this subsection (b), individualized education program services
8must include, but are not limited to, paraprofessional support,
9an extended school year, transportation, therapeutic day
10school, and services for specific learning disabilities.
11    (c) Beginning on July 1, 2020, no No later than 3 school
12days prior to a child's individualized education program
13eligibility meeting or meeting to review a child's
14individualized education program, or as soon as possible if an
15individualized education program meeting is scheduled within 3
16school days with the written consent of the child's parent or
17guardian, the local education agency must provide the child's
18parent or guardian with copies of all written material that
19will be considered by the individualized education program team
20at the meeting so that the parent or guardian may participate
21in the meeting as a fully-informed team member. The written
22material must include, but is not limited to, all evaluations
23and collected data that will be considered at the meeting and,
24for a child who already has an individualized education
25program, a copy of all individualized education program
26components that will be discussed by the individualized



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1education program team, other than the components related to
2the educational and related service minutes proposed for the
3child and the child's educational placement.
4    (d) Local education agencies must make related service logs
5that record the type of related services administered under the
6child's individualized education program and the minutes of
7each type of related service that has been administered
8available to the child's parent or guardian at the annual
9review of the child's individualized education program and must
10also provide a copy of the related service logs at any time
11upon request of the child's parent or guardian. The local
12education agency must inform the child's parent or guardian
13within 20 school days from the beginning of the school year or
14upon establishment of an individualized education program of
15his or her ability to request those related service logs. If a
16child's individualized education program team determines that
17certain services are required in order for the child to receive
18a free, appropriate public education and those services are not
19administered within 10 school days after a date or frequency
20set forth by the child's individualized education program, then
21the local education agency shall provide the child's parent or
22guardian with written notification that those services have not
23yet been administered to the child. The notification must be
24provided to the child's parent or guardian within 3 school days
25of the local education agency's non-compliance with the child's
26individualized education program and must include information



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1on the parent's or guardian's ability to request compensatory
2services. In this subsection (d), "school days" does not
3include days where a child is absent from school for reasons
4unrelated to a lack of individualized education program
6    (e) The State Board of Education may create a telephone
7hotline to address complaints regarding the special education
8services or lack of special education services of a school
9district subject to this Section. If a hotline is created, it
10must be available to all students enrolled in the school
11district, parents or guardians of those students, and school
12personnel. If a hotline is created, any complaints received
13through the hotline must be registered and recorded with the
14State Board's monitor of special education policies. No
15student, parent or guardian, or member of school personnel may
16be retaliated against for submitting a complaint through a
17telephone hotline created by the State Board under this
18subsection (e).
19    (f) A school district subject to this Section may not use
20any measure that would prevent or delay an individualized
21education program team from adding a service to the program or
22create a time restriction in which a service is prohibited from
23being added to the program. The school district may not build
24functions into its computer software that would remove any
25services from a student's individualized education program
26without the approval of the program team and may not prohibit



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1the program team from adding a service to the program.
2(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19.)
3    (105 ILCS 5/14-8.02h)
4    Sec. 14-8.02h 14-8.02g. Response to scientific,
5research-based intervention.
6    (a) In this Section, "response to scientific,
7research-based intervention" or "multi-tiered systems of
8support" means a tiered process of school support that utilizes
9differentiated instructional strategies for students, provides
10students with scientific, research-based interventions,
11continuously monitors student performance using
12scientifically, research-based progress monitoring
13instruments, and makes educational decisions based on a
14student's response to the interventions. Response to
15scientific, research-based intervention or multi-tiered
16systems of support use a problem-solving method to define the
17problem, analyze the problem using data to determine why there
18is a discrepancy between what is expected and what is
19occurring, establish one or more student performance goals,
20develop an intervention plan to address the performance goals,
21and delineate how the student's progress will be monitored and
22how implementation integrity will be ensured.
23    (b) A school district may must utilize response to
24scientific, research-based intervention or multi-tiered
25systems of support as part of an evaluation procedure to



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1determine if a child is eligible for special education services
2due to a specific learning disability. A school district may
3utilize the data generated during the response to scientific,
4research-based intervention or multi-tiered systems of support
5process in an evaluation to determine if a child is eligible
6for special education services due to any category of
8    (c) The response to scientific, research-based
9intervention or multi-tiered systems of support process must
10involve a collaborative team approach, with the parent or
11guardian of a student being part of the collaborative team. The
12parent or guardian of a student must be involved in the data
13sharing and decision-making processes of support under this
14Section. The State Board of Education may provide guidance to a
15school district and identify available resources related to
16facilitating parental or guardian participation in the
17response to scientific, research-based intervention or
18multi-tiered systems of support process.
19    (d) Nothing in this Section affects the responsibility of a
20school district to identify, locate, and evaluate children with
21disabilities who are in need of special education services in
22accordance with the federal Individuals with Disabilities
23Education Improvement Act of 2004, this Code, or any applicable
24federal or State rules.
25(Source: P.A. 101-515, eff. 8-23-19; revised 10-7-19.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".