093_SB0566enr

 
SB566 Enrolled                       LRB093 10775 NHT 11188 b

 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
 5    Section 14-8.02 as follows:

 6        (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
 7        Sec.  14-8.02.  Identification,  Evaluation and Placement
 8    of Children.
 9        (a)  The State Board of Education shall make rules  under
10    which  local school boards shall determine the eligibility of
11    children to  receive  special  education.  Such  rules  shall
12    ensure  that a free appropriate public education be available
13    to all children  with  disabilities  as  defined  in  Section
14    14-1.02.  The  State  Board  of Education shall require local
15    school districts to administer non-discriminatory  procedures
16    or  tests to limited English proficiency students coming from
17    homes in which a language  other  than  English  is  used  to
18    determine  their  eligibility  to  receive special education.
19    The placement of low English proficiency students in  special
20    education programs and facilities shall be made in accordance
21    with  the  test  results reflecting the student's linguistic,
22    cultural and  special  education  needs.    For  purposes  of
23    determining  the  eligibility  of children the State Board of
24    Education shall include in the  rules  definitions  of  "case
25    study",   "staff   conference",  "individualized  educational
26    program", and  "qualified  specialist"  appropriate  to  each
27    category  of  children  with  disabilities as defined in this
28    Article. For  purposes  of  determining  the  eligibility  of
29    children from homes in which a language other than English is
30    used,  the  State Board of Education, no later than September
31    1,  1993,  shall  include  in  the  rules   definitions   for
 
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 1    "qualified  bilingual  specialists"  and  "linguistically and
 2    culturally appropriate individualized educational  programs".
 3    In this Section, "parent" includes a foster parent.
 4        (b)  No  child  shall  be  eligible for special education
 5    facilities except with a carefully completed case study fully
 6    reviewed by professional  personnel  in  a  multidisciplinary
 7    staff   conference   and  only  upon  the  recommendation  of
 8    qualified specialists or a qualified bilingual specialist, if
 9    available. At the conclusion of the  multidisciplinary  staff
10    conference,  the  parent  or  guardian  of the child shall be
11    given a copy  of  the  multidisciplinary  conference  summary
12    report    and   recommendations,   which   includes   options
13    considered, and be informed  of  their  right  to  obtain  an
14    independent  educational evaluation if they disagree with the
15    evaluation findings  conducted  or  obtained  by  the  school
16    district.  If the school district's evaluation is shown to be
17    inappropriate, the school district shall reimburse the parent
18    for the cost of the independent evaluation. The  State  Board
19    of  Education  shall,  with  advice  from  the State Advisory
20    Council on Education of Children  with  Disabilities  on  the
21    inclusion  of  specific  independent  educational evaluators,
22    prepare  a  list   of   suggested   independent   educational
23    evaluators. The State Board of Education shall include on the
24    list clinical psychologists licensed pursuant to the Clinical
25    Psychologist  Licensing Act.  Such psychologists shall not be
26    paid fees in excess of the amount that would be received by a
27    school psychologist for performing  the  same  services.  The
28    State  Board  of Education shall supply school districts with
29    such list and make the list available  to  parents  at  their
30    request.  School  districts  shall make the list available to
31    parents at the time they  are  informed  of  their  right  to
32    obtain  an  independent  educational evaluation. However, the
33    school district may initiate an impartial due process hearing
34    under this Section within 5 days of  any  written  parent  or
 
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 1    guardian request for an independent educational evaluation to
 2    show  that  its  evaluation  is  appropriate.  If  the  final
 3    decision  is  that  the evaluation is appropriate, the parent
 4    still has a right to an independent  educational  evaluation,
 5    but   not  at  public  expense.  An  independent  educational
 6    evaluation at public expense must be completed within 30 days
 7    of a parent or guardian written  request  unless  the  school
 8    district  initiates  an  impartial due process hearing or the
 9    parent or  guardian  or  school  district  offers  reasonable
10    grounds  to  show  that  such  30  day  time period should be
11    extended. If the due process hearing decision indicates  that
12    the   parent  or  guardian  is  entitled  to  an  independent
13    educational evaluation, it must be completed within  30  days
14    of  the  decision unless the parent or guardian or the school
15    district offers reasonable grounds to show that such  30  day
16    period  should  be  extended.  If a parent disagrees with the
17    summary report or recommendations  of  the  multidisciplinary
18    conference  or  the  findings  of  any educational evaluation
19    which  results  therefrom,  the  school  district  shall  not
20    proceed with a placement based upon such evaluation  and  the
21    child  shall  remain in his or her regular classroom setting.
22    No child shall be eligible for admission to a  special  class
23    for  the  educable  mentally  disabled  or  for the trainable
24    mentally disabled except with a psychological evaluation  and
25    recommendation  by  a  school psychologist.  Consent shall be
26    obtained from the parent or guardian of a  child  before  any
27    evaluation  is  conducted.  If  consent  is  not given by the
28    parent or guardian or if the  parent  or  guardian  disagrees
29    with the findings of the evaluation, then the school district
30    may  initiate  an  impartial  due  process hearing under this
31    Section. The school district may evaluate the child  if  that
32    is  the  decision  resulting  from  the impartial due process
33    hearing and the decision is not appealed or if  the  decision
34    is affirmed on appeal. The determination of eligibility shall
 
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 1    be  made  within  60 school days from the date of referral by
 2    school authorities for evaluation by the district or date  of
 3    application  for  admittance by the parent or guardian of the
 4    child.  In those instances when  students  are  referred  for
 5    evaluation  with  fewer than 60 pupil attendance days left in
 6    the school year, the eligibility determination shall be  made
 7    prior to the first day of the following school year.  After a
 8    child  has  been  determined  to  be  eligible  for a special
 9    education class, such child must be placed in the appropriate
10    program pursuant to the individualized educational program by
11    or no later than the beginning of the next  school  semester.
12    The   appropriate  program  pursuant  to  the  individualized
13    educational program of students  whose  native  tongue  is  a
14    language   other  than  English  shall  reflect  the  special
15    education, cultural and  linguistic  needs.   No  later  than
16    September  1,  1993,  the  State  Board  of  Education  shall
17    establish  standards  for the development, implementation and
18    monitoring of appropriate  bilingual  special  individualized
19    educational  programs.   The  State  Board of Education shall
20    further  incorporate  appropriate  monitoring  procedures  to
21    verify implementation of these standards.  The district shall
22    indicate to the parent or guardian and  the  State  Board  of
23    Education  the  nature of the services the child will receive
24    for the regular school term while waiting  placement  in  the
25    appropriate special education class.
26        If the child is deaf, hard of hearing, blind, or visually
27    impaired  and he or she might be eligible to receive services
28    from the Illinois School for the Deaf or the Illinois  School
29    for  the  Visually Impaired, the school district shall notify
30    the parents or guardian, in  writing,  of  the  existence  of
31    these   schools   and   the   services  they  provide.   This
32    notification shall include without limitation information  on
33    school  services,  school  admissions  criteria,  and  school
34    contact information.
 
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 1        If  the  student  may  be  eligible to participate in the
 2    Home-Based Support Services  Program  for  Mentally  Disabled
 3    Adults  authorized  under  the  Developmental  Disability and
 4    Mental Disability Services Act upon becoming  an  adult,  the
 5    student's  individualized  education  program  shall  include
 6    plans for (i) determining the student's eligibility for those
 7    home-based  services,  (ii)  enrolling  the  student  in  the
 8    program  of  home-based services, and (iii) developing a plan
 9    for the  student's  most  effective  use  of  the  home-based
10    services  after  the  student  becomes an adult and no longer
11    receives special educational  services  under  this  Article.
12    The  plans  developed  under  this  paragraph  shall  include
13    specific  actions  to  be  taken  by  specified  individuals,
14    agencies, or officials.
15        (c)  In  the  development of the individualized education
16    program for a student who is functionally blind, it shall  be
17    presumed  that  proficiency in Braille reading and writing is
18    essential  for   the   student's   satisfactory   educational
19    progress.   For  purposes of this subsection, the State Board
20    of Education shall determine the criteria for a student to be
21    classified as  functionally  blind.   Students  who  are  not
22    currently  identified  as  functionally  blind  who  are also
23    entitled to Braille instruction include:    (i)  those  whose
24    vision  loss  is  so  severe that they are unable to read and
25    write at a level comparable to their peers solely through the
26    use  of  vision,  and  (ii)  those  who  show   evidence   of
27    progressive   vision  loss  that  may  result  in  functional
28    blindness.  Each student who is functionally blind  shall  be
29    entitled  to  Braille reading and writing instruction that is
30    sufficient to enable the student to communicate with the same
31    level of proficiency as other students of comparable ability.
32    Instruction should be provided to the extent that the student
33    is physically and cognitively able to use  Braille.   Braille
34    instruction  may  be  used  in combination with other special
 
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 1    education services appropriate to the  student's  educational
 2    needs.    The  assessment of each student who is functionally
 3    blind  for  the   purpose   of   developing   the   student's
 4    individualized  education program shall include documentation
 5    of the student's strengths and weaknesses in Braille skills.
 6    Each   person   assisting   in   the   development   of   the
 7    individualized  education  program  for  a  student  who   is
 8    functionally  blind  shall receive information describing the
 9    benefits  of   Braille   instruction.    The   individualized
10    education  program for each student who is functionally blind
11    shall specify the appropriate learning medium or media  based
12    on the assessment report.
13        (d)  To  the  maximum  extent  appropriate, the placement
14    shall provide the child with the opportunity to  be  educated
15    with  children  who  are not disabled; provided that children
16    with disabilities who  are  recommended  to  be  placed  into
17    regular  education classrooms are provided with supplementary
18    services to assist the children with disabilities to  benefit
19    from  the  regular  classroom instruction and are included on
20    the teacher's regular education class register.   Subject  to
21    the  limitation  of  the  preceding  sentence,  placement  in
22    special  classes,  separate  schools  or other removal of the
23    disabled child from the regular educational environment shall
24    occur only when the nature of the severity of the  disability
25    is such that education in the regular classes with the use of
26    supplementary   aids   and   services   cannot   be  achieved
27    satisfactorily.  The placement of limited English proficiency
28    students  with  disabilities  shall  be  in   non-restrictive
29    environments  which provide for integration with non-disabled
30    peers in bilingual classrooms.  By January 1993 and  annually
31    thereafter,  school  districts  shall report data on students
32    from  non-English  speaking  backgrounds  receiving   special
33    education   and   related  services  in  public  and  private
34    facilities as prescribed in Section 2-3.30.  If  there  is  a
 
SB566 Enrolled             -7-       LRB093 10775 NHT 11188 b
 1    disagreement  between  parties involved regarding the special
 2    education  placement  of  any  child,  either   in-state   or
 3    out-of-state,  the  placement  is  subject  to  impartial due
 4    process procedures described in Article 10 of the  Rules  and
 5    Regulations  to  Govern  the  Administration and Operation of
 6    Special Education.
 7        (e)  No child who comes from a home in which  a  language
 8    other  than  English  is  the  principal language used may be
 9    assigned to any class or program under this Article until  he
10    has  been  given, in the principal language used by the child
11    and used  in  his  home,  tests  reasonably  related  to  his
12    cultural  environment.  All  testing and evaluation materials
13    and procedures utilized for evaluation  and  placement  shall
14    not be linguistically, racially or culturally discriminatory.
15        (f)  Nothing  in  this  Article  shall  be  construed  to
16    require  any  child  to  undergo  any physical examination or
17    medical treatment whose parents or guardian object thereto on
18    the grounds that such examination or treatment conflicts with
19    his religious beliefs.
20        (g)  School boards or their designee shall provide to the
21    parents or guardian of a child prior written  notice  of  any
22    decision (a) proposing to initiate or change, or (b) refusing
23    to  initiate  or  change,  the identification, evaluation, or
24    educational placement of the child or the provision of a free
25    appropriate public education to their child, and the  reasons
26    therefor.   Such  written  notification shall also inform the
27    parent or guardian of the opportunity to  present  complaints
28    with  respect  to  any  matter  relating  to  the educational
29    placement  of  the  student,  or  the  provision  of  a  free
30    appropriate public education and to  have  an  impartial  due
31    process  hearing  on  the complaint.  The notice shall inform
32    the parents or guardian in the parents' or guardian's  native
33    language,  unless  it  is  clearly  not feasible to do so, of
34    their rights and all procedures available  pursuant  to  this
 
SB566 Enrolled             -8-       LRB093 10775 NHT 11188 b
 1    Act and federal law 94-142; it shall be the responsibility of
 2    the  State  Superintendent to develop uniform notices setting
 3    forth the procedures available under this Act and federal law
 4    94-142 to be used by all school  boards.   The  notice  shall
 5    also  inform the parents or guardian of the availability upon
 6    request of a  list  of  free  or  low-cost  legal  and  other
 7    relevant  services  available  locally  to  assist parents or
 8    guardians in initiating an  impartial  due  process  hearing.
 9    Any  parent  or  guardian  who  is deaf, or does not normally
10    communicate using  spoken  English,  who  participates  in  a
11    meeting  with  a representative of a local educational agency
12    for the purposes of developing an individualized  educational
13    program shall be entitled to the services of an interpreter.
14        (h)  A  Level I due process hearing, hereinafter referred
15    as the hearing, shall be conducted upon the  request  of  the
16    parents  or  guardian   or local school board by an impartial
17    hearing officer appointed as follows:  If the request is made
18    through the local school district, within 5  school  days  of
19    receipt  of  the  request,  the  local  school district shall
20    forward the request to the State  Superintendent.   Within  5
21    days after receiving this request of hearing, the State Board
22    of Education shall provide a list of 5 prospective, impartial
23    hearing  officers.  The  State Board of Education, by rule or
24    regulation, shall establish criteria  for  determining  which
25    persons can be included on such a list of prospective hearing
26    officers.  No one on the list may be a resident of the school
27    district.   No  more  than  2  of  the  5 prospective hearing
28    officers shall be gainfully employed by  or  administratively
29    connected with any school district, or any joint agreement or
30    cooperative  program  in  which school districts participate.
31    In addition, no more than 2  of  the  5  prospective  hearing
32    officers  shall  be gainfully employed by or administratively
33    connected  with  private  providers  of   special   education
34    services.   The  State  Board  of  Education  shall  actively
 
SB566 Enrolled             -9-       LRB093 10775 NHT 11188 b
 1    recruit  applicants  for hearing officer positions. The board
 2    and the parents or guardian or  their  legal  representatives
 3    within 5 days shall alternately strike one name from the list
 4    until  only  one  name remains. The parents or guardian shall
 5    have the right to proceed first with the  striking.  The  per
 6    diem  allowance  for the hearing officer shall be established
 7    and paid by the State Board of Education.  The hearing  shall
 8    be  closed  to the public except that the parents or guardian
 9    may require that the hearing be public. The  hearing  officer
10    shall  not be an employee of the school district, an employee
11    in any joint agreement or cooperative program  in  which  the
12    district  participates,  or  any other agency or organization
13    that is directly involved in the diagnosis, education or care
14    of the student or the State Board of Education. All impartial
15    hearing officers shall be adequately trained in  federal  and
16    state  law,  rules  and  regulations  and  case law regarding
17    special education. The State Board  of  Education  shall  use
18    resources from within and outside the agency for the purposes
19    of  conducting  this  training. The impartial hearing officer
20    shall have the authority to require additional information or
21    evidence where he  or  she  deems  it  necessary  to  make  a
22    complete  record  and  may order an independent evaluation of
23    the child, the cost of said evaluation  to  be  paid  by  the
24    local  school district.  Such hearing shall not be considered
25    adversary in nature, but shall be  directed  toward  bringing
26    out  all facts necessary for the impartial hearing officer to
27    render an informed decision.  The State  Board  of  Education
28    shall,  with  the advice and approval of the Advisory Council
29    on Education of Children with Disabilities, promulgate  rules
30    and  regulations  to  establish  the  qualifications  of  the
31    hearing  officers  and  the  rules  and  procedure  for  such
32    hearings.    The  school district shall present evidence that
33    the  special  education  needs  of  the   child   have   been
34    appropriately  identified  and  that  the  special  education
 
SB566 Enrolled             -10-      LRB093 10775 NHT 11188 b
 1    program  and  related  services proposed to meet the needs of
 2    the child are adequate, appropriate and available. Any  party
 3    to the hearing shall have the right to: (a) be represented by
 4    counsel  and  be  accompanied and advised by individuals with
 5    special knowledge or training with respect to the problems of
 6    children with disabilities at the party's  own  expense;  (b)
 7    present  evidence  and  confront and cross-examine witnesses;
 8    (c) prohibit the introduction of any evidence at the  hearing
 9    that  has  not  been  disclosed to that party at least 5 days
10    before the  hearing;  (d)  obtain  a  written  or  electronic
11    verbatim  record  of the hearing; (e) obtain written findings
12    of fact and a written decision.  The student shall be allowed
13    to attend the hearing unless the hearing officer  finds  that
14    attendance is not in the child's best interest or detrimental
15    to  the  child.   The  hearing  officer  shall specify in the
16    findings the reasons for denying attendance by  the  student.
17    The   hearing   officer,   or  the  State  Superintendent  in
18    connection with State level hearings, may subpoena and compel
19    the attendance of witnesses and the  production  of  evidence
20    reasonably  necessary  to the resolution of the hearing.  The
21    subpoena may be issued upon request of any party.  The  State
22    Board  of  Education and the school board shall share equally
23    the costs of providing a written or electronic record of  the
24    proceedings. Such record shall be transcribed and transmitted
25    to  the  State  Superintendent  no  later  than 10 days after
26    receipt of notice  of  appeal.   The  hearing  officer  shall
27    render  a decision and shall submit a copy of the findings of
28    fact and decision to the parent or guardian and to the  local
29    school  board  within  10 school days after the conclusion of
30    the hearing.  The hearing officer may continue the hearing in
31    order  to  obtain  additional  information,   and,   at   the
32    conclusion  of  the  hearing, shall issue a decision based on
33    the record which specifies the special education and  related
34    services  which  shall be provided to the child in accordance
 
SB566 Enrolled             -11-      LRB093 10775 NHT 11188 b
 1    with the child's needs. The hearing officer's decision  shall
 2    be  binding upon the local school board and the parent unless
 3    such decision is appealed pursuant to the provisions of  this
 4    Section.
 5        (i)  Any  party  aggrieved by the decision may appeal the
 6    hearing officer's decision to the State  Board  of  Education
 7    and  shall  serve  copies of the notice of such appeal on the
 8    State Superintendent and on all other  parties.   The  review
 9    referred  to  in  this Section shall be known as the Level II
10    review. The State Board of Education shall provide a list  of
11    5  prospective,  impartial  reviewing officers.  No reviewing
12    officer shall be an employee of the State Board of  Education
13    or  gainfully  employed by or administratively connected with
14    the school district, joint agreement or  cooperative  program
15    which  is  a   party to this review.  Each person on the list
16    shall be accredited by a national  arbitration  organization.
17    The  per diem allowance for the review officers shall be paid
18    by the State Board of Education and may not exceed $250.  All
19    reviewing officers on the list provided by the State Board of
20    Education shall be trained in federal and  state  law,  rules
21    and  regulations  and  case  law regarding special education.
22    The State Board of Education shall use resources from  within
23    and  outside  the  agency for the purposes of conducting this
24    training.  No one on the list may be a resident of the school
25    district.  The board and the parents  or  guardian  or  other
26    legal  representatives within 5 days shall alternately strike
27    one name from the list until  only  one  name  remains.   The
28    parents  or  guardian  shall  have the right to proceed first
29    with the striking.  The reviewing officer so  selected  shall
30    conduct  an  impartial  review of the Level I hearing and may
31    issue subpoenas requiring the attendance of witnesses at such
32    review. The parties to  the  appeal  shall  be  afforded  the
33    opportunity  to present oral argument and additional evidence
34    at the review. Upon completion of the  review  the  reviewing
 
SB566 Enrolled             -12-      LRB093 10775 NHT 11188 b
 1    officer  shall  render a decision and shall provide a copy of
 2    the decision to all parties.
 3        (j)  No later than 30 days after  receipt  of  notice  of
 4    appeal,  a  final decision shall be reached and a copy mailed
 5    to each  of  the  parties.  A  reviewing  officer  may  grant
 6    specific extensions of time beyond the 30-day deadline at the
 7    request  of  either  party. If a Level II hearing is convened
 8    the final decision of a Level II hearing officer shall  occur
 9    no more than 30 days following receipt of a notice of appeal,
10    unless an extension of time is granted by the hearing officer
11    at the request of either party.  The State Board of Education
12    shall   establish   rules  and  regulations  delineating  the
13    standards to be used in  determining  whether  the  reviewing
14    officer  shall  grant  such extensions. Each hearing and each
15    review involving oral argument must be conducted  at  a  time
16    and  place which are reasonably convenient to the parents and
17    the child involved.
18        (k)  Any party aggrieved by the decision of the reviewing
19    officer, including the parent or  guardian,  shall  have  the
20    right  to  bring a civil action with respect to the complaint
21    presented pursuant to  this  Section,  which  action  may  be
22    brought in any circuit court of competent jurisdiction within
23    120  days after a copy of the decision is mailed to the party
24    as provided in subsection (j).   The  civil  action  provided
25    above  shall  not  be  exclusive  of  any rights or causes of
26    action otherwise available.   The  commencement  of  a  civil
27    action  under subsection (k) of this Section shall operate as
28    a supersedeas.  In any action brought under this Section  the
29    court   shall  receive  the  records  of  the  administrative
30    proceedings, shall hear additional evidence at the request of
31    a party, and basing its decision on the preponderance of  the
32    evidence  shall  grant such relief as the court determines is
33    appropriate.  In  any  instance  where  a   school   district
34    willfully   disregards  applicable  regulations  or  statutes
 
SB566 Enrolled             -13-      LRB093 10775 NHT 11188 b
 1    regarding  a  child  covered  by  this  Article,  and   which
 2    disregard  has  been  detrimental  to  the  child, the school
 3    district shall be liable for any reasonable  attorney's  fees
 4    incurred  by  the  parent  or  guardian  in  connection  with
 5    proceedings under this Section.
 6        (l)  During  the  pendency  of  any proceedings conducted
 7    pursuant to this Section, unless the State Superintendent  of
 8    Education, or the school district and the parents or guardian
 9    otherwise agree, the student shall remain in the then current
10    educational  placement  of  such  student, or if applying for
11    initial admission to the school  district,  shall,  with  the
12    consent  of  the parents or guardian, be placed in the school
13    district  program  until  all  such  proceedings  have   been
14    completed.   The  costs for any special education and related
15    services or placement incurred following 60 school days after
16    the initial request for evaluation  shall  be  borne  by  the
17    school   district  if  such  services  or  placement  are  in
18    accordance with the final determination  as  to  the  special
19    education  and  related  services  or placement which must be
20    provided to the child, provided however that in said  60  day
21    period there have been no delays caused by the child's parent
22    or guardian.
23        (m)  Whenever  (i)  the parents or guardian of a child of
24    the type described in Section 14-1.02 are not  known  or  are
25    unavailable or (ii) the child is a ward of the State residing
26    in  a  residential  facility,  a  person shall be assigned to
27    serve as surrogate parent for the child in  matters  relating
28    to  the identification, evaluation, and educational placement
29    of the child and the provision of a free  appropriate  public
30    education  to the child.  Surrogate parents shall be assigned
31    by the State Superintendent of Education.  The State Board of
32    Education shall promulgate rules and regulations establishing
33    qualifications of such persons and their responsibilities and
34    the procedures to be followed  in  making  such  assignments.
 
SB566 Enrolled             -14-      LRB093 10775 NHT 11188 b
 1    Such  surrogate  parents shall not be employees of the school
 2    district, an agency created by joint agreement under  Section
 3    10-22.31,  an agency involved in the education or care of the
 4    student, or the State Board of Education.  For a child who is
 5    a ward of the State residing in a residential  facility,  the
 6    surrogate  parent  may  be  an employee of a nonpublic agency
 7    that provides only non-educational care.    Services  of  any
 8    person  assigned  as  surrogate parent shall terminate if the
 9    parent  or  guardian  becomes  available   unless   otherwise
10    requested  by  the  parents or guardian.  The assignment of a
11    person as surrogate parent at no time supersedes, terminates,
12    or  suspends  the  parents'  or  guardian's  legal  authority
13    relative to the child.   Any  person  participating  in  good
14    faith  as  surrogate  parent  on  behalf  of the child before
15    school officials or a hearing  officer  shall  have  immunity
16    from  civil or criminal liability that otherwise might result
17    by reason of such participation, except in cases  of  willful
18    and wanton misconduct.
19        (n)  At  all  stages  of  the hearing the hearing officer
20    shall require that interpreters  be  made  available  by  the
21    local school district for persons who are deaf or for persons
22    whose normally spoken language is other than English.
23        (o)  Whenever   a  person  refuses  to  comply  with  any
24    subpoena issued under this Section, the circuit court of  the
25    county  in  which  such hearing is pending, on application of
26    the State  Superintendent  of  Education  or  the  party  who
27    requested  issuance  of  the subpoena may compel obedience by
28    attachment proceedings as for  contempt,  as  in  a  case  of
29    disobedience  of  the  requirements  of  a subpoena from such
30    court for refusal to testify therein.
31    (Source: P.A. 91-784, eff. 6-9-00.)

32        Section 90.  The State Mandates Act is amended by  adding
33    Section 8.27 as follows:
 
SB566 Enrolled             -15-      LRB093 10775 NHT 11188 b
 1        (30 ILCS 805/8.27 new)
 2        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
 3    and 8 of this Act, no reimbursement by the State is  required
 4    for  the  implementation  of  any  mandate  created  by  this
 5    amendatory Act of the 93rd General Assembly.

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.