Illinois General Assembly - Full Text of SB0460
Illinois General Assembly

Previous General Assemblies

Full Text of SB0460  101st General Assembly



SB0460 EnrolledLRB101 04221 AXK 49229 b

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 Section
514-8.02f and by renumbering and changing Section 14-8.02g as
6added by Public 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
17with a written notification of the services that require a
18specific data collection procedure from the school district for
19services related to the child's individualized education
20program. The notification must indicate, with a checkbox,
21whether specific data has been collected for the child's
22individualized education program services. For purposes of
23this subsection (b), individualized education program services



SB0460 Enrolled- 2 -LRB101 04221 AXK 49229 b

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



SB0460 Enrolled- 3 -LRB101 04221 AXK 49229 b

1available to the child's parent or guardian at the annual
2review of the child's individualized education program and must
3also provide a copy of the related service logs at any time
4upon request of the child's parent or guardian. The local
5education agency must inform the child's parent or guardian
6within 20 school days from the beginning of the school year or
7upon establishment of an individualized education program of
8his or her ability to request those related service logs. If a
9child's individualized education program team determines that
10certain services are required in order for the child to receive
11a free, appropriate public education and those services are not
12administered within 10 school days after a date or frequency
13set forth by the child's individualized education program, then
14the local education agency shall provide the child's parent or
15guardian with written notification that those services have not
16yet been administered to the child. The notification must be
17provided to the child's parent or guardian within 3 school days
18of the local education agency's non-compliance with the child's
19individualized education program and must include information
20on the parent's or guardian's ability to request compensatory
21services. In this subsection (d), "school days" does not
22include days where a child is absent from school for reasons
23unrelated to a lack of individualized education program
25    (e) The State Board of Education may create a telephone
26hotline to address complaints regarding the special education



SB0460 Enrolled- 4 -LRB101 04221 AXK 49229 b

1services or lack of special education services of a school
2district subject to this Section. If a hotline is created, it
3must be available to all students enrolled in the school
4district, parents or guardians of those students, and school
5personnel. If a hotline is created, any complaints received
6through the hotline must be registered and recorded with the
7State Board's monitor of special education policies. No
8student, parent or guardian, or member of school personnel may
9be retaliated against for submitting a complaint through a
10telephone hotline created by the State Board under this
11subsection (e).
12    (f) A school district subject to this Section may not use
13any measure that would prevent or delay an individualized
14education program team from adding a service to the program or
15create a time restriction in which a service is prohibited from
16being added to the program. The school district may not build
17functions into its computer software that would remove any
18services from a student's individualized education program
19without the approval of the program team and may not prohibit
20the 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,
24research-based intervention.
25    (a) In this Section, "response to scientific,



SB0460 Enrolled- 5 -LRB101 04221 AXK 49229 b

1research-based intervention" or "multi-tiered systems of
2support" means a tiered process of school support that utilizes
3differentiated instructional strategies for students, provides
4students with scientific, research-based interventions,
5continuously monitors student performance using
6scientifically, research-based progress monitoring
7instruments, and makes educational decisions based on a
8student's response to the interventions. Response to
9scientific, research-based intervention or multi-tiered
10systems of support use a problem-solving method to define the
11problem, analyze the problem using data to determine why there
12is a discrepancy between what is expected and what is
13occurring, establish one or more student performance goals,
14develop an intervention plan to address the performance goals,
15and delineate how the student's progress will be monitored and
16how implementation integrity will be ensured.
17    (b) A school district may must utilize response to
18scientific, research-based intervention or multi-tiered
19systems of support as part of an evaluation procedure to
20determine if a child is eligible for special education services
21due to a specific learning disability. A school district may
22utilize the data generated during the response to scientific,
23research-based intervention or multi-tiered systems of support
24process in an evaluation to determine if a child is eligible
25for special education services due to any category of



SB0460 Enrolled- 6 -LRB101 04221 AXK 49229 b

1    (c) The response to scientific, research-based
2intervention or multi-tiered systems of support process must
3involve a collaborative team approach, with the parent or
4guardian of a student being part of the collaborative team. The
5parent or guardian of a student must be involved in the data
6sharing and decision-making processes of support under this
7Section. The State Board of Education may provide guidance to a
8school district and identify available resources related to
9facilitating parental or guardian participation in the
10response to scientific, research-based intervention or
11multi-tiered systems of support process.
12    (d) Nothing in this Section affects the responsibility of a
13school district to identify, locate, and evaluate children with
14disabilities who are in need of special education services in
15accordance with the federal Individuals with Disabilities
16Education Improvement Act of 2004, this Code, or any applicable
17federal 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
20becoming law.