State of Illinois
92nd General Assembly
Legislation

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92_SB1818

 
                                               LRB9214157NTpk

 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
 
                            -2-                LRB9214157NTpk
 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
 
                            -3-                LRB9214157NTpk
 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
 
                            -4-                LRB9214157NTpk
 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.  "Date  of  referral", as used in this subsection (b),
 5    means the date on which an evaluation is requested,  and  any
 6    rule  to  the  contrary  is  void.  In  those  instances when
 7    students are referred for evaluation with fewer than 60 pupil
 8    attendance days left in  the  school  year,  the  eligibility
 9    determination  shall  be  made  prior to the first day of the
10    following school year.  After a child has been determined  to
11    be eligible for a special education class, such child must be
12    placed   in   the   appropriate   program   pursuant  to  the
13    individualized educational program by or no  later  than  the
14    beginning  of  the  next  school  semester.   The appropriate
15    program pursuant to the individualized educational program of
16    students whose native tongue is a language other than English
17    shall reflect the special education, cultural and  linguistic
18    needs.   No  later than September 1, 1993, the State Board of
19    Education shall  establish  standards  for  the  development,
20    implementation   and   monitoring  of  appropriate  bilingual
21    special individualized educational programs.  The State Board
22    of Education shall further incorporate appropriate monitoring
23    procedures to verify implementation of these standards.   The
24    district  shall  indicate  to  the parent or guardian and the
25    State Board of Education the nature of the services the child
26    will receive  for  the  regular  school  term  while  waiting
27    placement in the appropriate special education class.
28        If  the  student  may  be  eligible to participate in the
29    Home-Based Support Services  Program  for  Mentally  Disabled
30    Adults  authorized  under  the  Developmental  Disability and
31    Mental Disability Services Act upon becoming  an  adult,  the
32    student's  individualized  education  program  shall  include
33    plans for (i) determining the student's eligibility for those
34    home-based  services,  (ii)  enrolling  the  student  in  the
 
                            -5-                LRB9214157NTpk
 1    program  of  home-based services, and (iii) developing a plan
 2    for the  student's  most  effective  use  of  the  home-based
 3    services  after  the  student  becomes an adult and no longer
 4    receives special educational  services  under  this  Article.
 5    The  plans  developed  under  this  paragraph  shall  include
 6    specific  actions  to  be  taken  by  specified  individuals,
 7    agencies, or officials.
 8        (c)  In  the  development of the individualized education
 9    program for a student who is functionally blind, it shall  be
10    presumed  that  proficiency in Braille reading and writing is
11    essential  for   the   student's   satisfactory   educational
12    progress.   For  purposes of this subsection, the State Board
13    of Education shall determine the criteria for a student to be
14    classified as  functionally  blind.   Students  who  are  not
15    currently  identified  as  functionally  blind  who  are also
16    entitled to Braille instruction include:    (i)  those  whose
17    vision  loss  is  so  severe that they are unable to read and
18    write at a level comparable to their peers solely through the
19    use  of  vision,  and  (ii)  those  who  show   evidence   of
20    progressive   vision  loss  that  may  result  in  functional
21    blindness.  Each student who is functionally blind  shall  be
22    entitled  to  Braille reading and writing instruction that is
23    sufficient to enable the student to communicate with the same
24    level of proficiency as other students of comparable ability.
25    Instruction should be provided to the extent that the student
26    is physically and cognitively able to use  Braille.   Braille
27    instruction  may  be  used  in combination with other special
28    education services appropriate to the  student's  educational
29    needs.    The  assessment of each student who is functionally
30    blind  for  the   purpose   of   developing   the   student's
31    individualized  education program shall include documentation
32    of the student's strengths and weaknesses in Braille skills.
33    Each   person   assisting   in   the   development   of   the
34    individualized  education  program  for  a  student  who   is
 
                            -6-                LRB9214157NTpk
 1    functionally  blind  shall receive information describing the
 2    benefits  of   Braille   instruction.    The   individualized
 3    education  program for each student who is functionally blind
 4    shall specify the appropriate learning medium or media  based
 5    on the assessment report.
 6        (d)  To  the  maximum  extent  appropriate, the placement
 7    shall provide the child with the opportunity to  be  educated
 8    with  children  who  are not disabled; provided that children
 9    with disabilities who  are  recommended  to  be  placed  into
10    regular  education classrooms are provided with supplementary
11    services to assist the children with disabilities to  benefit
12    from  the  regular  classroom instruction and are included on
13    the teacher's regular education class register.   Subject  to
14    the  limitation  of  the  preceding  sentence,  placement  in
15    special  classes,  separate  schools  or other removal of the
16    disabled child from the regular educational environment shall
17    occur only when the nature of the severity of the  disability
18    is such that education in the regular classes with the use of
19    supplementary   aids   and   services   cannot   be  achieved
20    satisfactorily.  The placement of limited English proficiency
21    students  with  disabilities  shall  be  in   non-restrictive
22    environments  which provide for integration with non-disabled
23    peers in bilingual classrooms.  By January 1993 and  annually
24    thereafter,  school  districts  shall report data on students
25    from  non-English  speaking  backgrounds  receiving   special
26    education   and   related  services  in  public  and  private
27    facilities as prescribed in Section 2-3.30.  If  there  is  a
28    disagreement  between  parties involved regarding the special
29    education  placement  of  any  child,  either   in-state   or
30    out-of-state,  the  placement  is  subject  to  impartial due
31    process procedures described in Article 10 of the  Rules  and
32    Regulations  to  Govern  the  Administration and Operation of
33    Special Education.
34        (e)  No child who comes from a home in which  a  language
 
                            -7-                LRB9214157NTpk
 1    other  than  English  is  the  principal language used may be
 2    assigned to any class or program under this Article until  he
 3    has  been  given, in the principal language used by the child
 4    and used  in  his  home,  tests  reasonably  related  to  his
 5    cultural  environment.  All  testing and evaluation materials
 6    and procedures utilized for evaluation  and  placement  shall
 7    not be linguistically, racially or culturally discriminatory.
 8        (f)  Nothing  in  this  Article  shall  be  construed  to
 9    require  any  child  to  undergo  any physical examination or
10    medical treatment whose parents or guardian object thereto on
11    the grounds that such examination or treatment conflicts with
12    his religious beliefs.
13        (g)  School boards or their designee shall provide to the
14    parents or guardian of a child prior written  notice  of  any
15    decision (a) proposing to initiate or change, or (b) refusing
16    to  initiate  or  change,  the identification, evaluation, or
17    educational placement of the child or the provision of a free
18    appropriate public education to their child, and the  reasons
19    therefor.   Such  written  notification shall also inform the
20    parent or guardian of the opportunity to  present  complaints
21    with  respect  to  any  matter  relating  to  the educational
22    placement  of  the  student,  or  the  provision  of  a  free
23    appropriate public education and to  have  an  impartial  due
24    process  hearing  on  the complaint.  The notice shall inform
25    the parents or guardian in the parents' or guardian's  native
26    language,  unless  it  is  clearly  not feasible to do so, of
27    their rights and all procedures available  pursuant  to  this
28    Act and federal law 94-142; it shall be the responsibility of
29    the  State  Superintendent to develop uniform notices setting
30    forth the procedures available under this Act and federal law
31    94-142 to be used by all school  boards.   The  notice  shall
32    also  inform the parents or guardian of the availability upon
33    request of a  list  of  free  or  low-cost  legal  and  other
34    relevant  services  available  locally  to  assist parents or
 
                            -8-                LRB9214157NTpk
 1    guardians in initiating an  impartial  due  process  hearing.
 2    Any  parent  or  guardian  who  is deaf, or does not normally
 3    communicate using  spoken  English,  who  participates  in  a
 4    meeting  with  a representative of a local educational agency
 5    for the purposes of developing an individualized  educational
 6    program shall be entitled to the services of an interpreter.
 7        (h)  A  Level I due process hearing, hereinafter referred
 8    as the hearing, shall be conducted upon the  request  of  the
 9    parents  or  guardian   or local school board by an impartial
10    hearing officer appointed as follows:  If the request is made
11    through the local school district, within 5  school  days  of
12    receipt  of  the  request,  the  local  school district shall
13    forward the request to the State  Superintendent.   Within  5
14    days after receiving this request of hearing, the State Board
15    of Education shall provide a list of 5 prospective, impartial
16    hearing  officers.  The  State Board of Education, by rule or
17    regulation, shall establish criteria  for  determining  which
18    persons can be included on such a list of prospective hearing
19    officers.  No one on the list may be a resident of the school
20    district.   No  more  than  2  of  the  5 prospective hearing
21    officers shall be gainfully employed by  or  administratively
22    connected with any school district, or any joint agreement or
23    cooperative  program  in  which school districts participate.
24    In addition, no more than 2  of  the  5  prospective  hearing
25    officers  shall  be gainfully employed by or administratively
26    connected  with  private  providers  of   special   education
27    services.   The  State  Board  of  Education  shall  actively
28    recruit  applicants  for hearing officer positions. The board
29    and the parents or guardian or  their  legal  representatives
30    within 5 days shall alternately strike one name from the list
31    until  only  one  name remains. The parents or guardian shall
32    have the right to proceed first with the  striking.  The  per
33    diem  allowance  for the hearing officer shall be established
34    and paid by the State Board of Education.  The hearing  shall
 
                            -9-                LRB9214157NTpk
 1    be  closed  to the public except that the parents or guardian
 2    may require that the hearing be public. The  hearing  officer
 3    shall  not be an employee of the school district, an employee
 4    in any joint agreement or cooperative program  in  which  the
 5    district  participates,  or  any other agency or organization
 6    that is directly involved in the diagnosis, education or care
 7    of the student or the State Board of Education. All impartial
 8    hearing officers shall be adequately trained in  federal  and
 9    state  law,  rules  and  regulations  and  case law regarding
10    special education. The State Board  of  Education  shall  use
11    resources from within and outside the agency for the purposes
12    of  conducting  this  training. The impartial hearing officer
13    shall have the authority to require additional information or
14    evidence where he  or  she  deems  it  necessary  to  make  a
15    complete  record  and  may order an independent evaluation of
16    the child, the cost of said evaluation  to  be  paid  by  the
17    local  school district.  Such hearing shall not be considered
18    adversary in nature, but shall be  directed  toward  bringing
19    out  all facts necessary for the impartial hearing officer to
20    render an informed decision.  The State  Board  of  Education
21    shall,  with  the advice and approval of the Advisory Council
22    on Education of Children with Disabilities, promulgate  rules
23    and  regulations  to  establish  the  qualifications  of  the
24    hearing  officers  and  the  rules  and  procedure  for  such
25    hearings.    The  school district shall present evidence that
26    the  special  education  needs  of  the   child   have   been
27    appropriately  identified  and  that  the  special  education
28    program  and  related  services proposed to meet the needs of
29    the child are adequate, appropriate and available. Any  party
30    to the hearing shall have the right to: (a) be represented by
31    counsel  and  be  accompanied and advised by individuals with
32    special knowledge or training with respect to the problems of
33    children with disabilities at the party's  own  expense;  (b)
34    present  evidence  and  confront and cross-examine witnesses;
 
                            -10-               LRB9214157NTpk
 1    (c) prohibit the introduction of any evidence at the  hearing
 2    that  has  not  been  disclosed to that party at least 5 days
 3    before the  hearing;  (d)  obtain  a  written  or  electronic
 4    verbatim  record  of the hearing; (e) obtain written findings
 5    of fact and a written decision.  The student shall be allowed
 6    to attend the hearing unless the hearing officer  finds  that
 7    attendance is not in the child's best interest or detrimental
 8    to  the  child.   The  hearing  officer  shall specify in the
 9    findings the reasons for denying attendance by  the  student.
10    The   hearing   officer,   or  the  State  Superintendent  in
11    connection with State level hearings, may subpoena and compel
12    the attendance of witnesses and the  production  of  evidence
13    reasonably  necessary  to the resolution of the hearing.  The
14    subpoena may be issued upon request of any party.  The  State
15    Board  of  Education and the school board shall share equally
16    the costs of providing a written or electronic record of  the
17    proceedings. Such record shall be transcribed and transmitted
18    to  the  State  Superintendent  no  later  than 10 days after
19    receipt of notice  of  appeal.   The  hearing  officer  shall
20    render  a decision and shall submit a copy of the findings of
21    fact and decision to the parent or guardian and to the  local
22    school  board  within  10 school days after the conclusion of
23    the hearing.  The hearing officer may continue the hearing in
24    order  to  obtain  additional  information,   and,   at   the
25    conclusion  of  the  hearing, shall issue a decision based on
26    the record which specifies the special education and  related
27    services  which  shall be provided to the child in accordance
28    with the child's needs. The hearing officer's decision  shall
29    be  binding upon the local school board and the parent unless
30    such decision is appealed pursuant to the provisions of  this
31    Section.
32        (i)  Any  party  aggrieved by the decision may appeal the
33    hearing officer's decision to the State  Board  of  Education
34    and  shall  serve  copies of the notice of such appeal on the
 
                            -11-               LRB9214157NTpk
 1    State Superintendent and on all other  parties.   The  review
 2    referred  to  in  this Section shall be known as the Level II
 3    review. The State Board of Education shall provide a list  of
 4    5  prospective,  impartial  reviewing officers.  No reviewing
 5    officer shall be an employee of the State Board of  Education
 6    or  gainfully  employed by or administratively connected with
 7    the school district, joint agreement or  cooperative  program
 8    which  is  a   party to this review.  Each person on the list
 9    shall be accredited by a national  arbitration  organization.
10    The  per diem allowance for the review officers shall be paid
11    by the State Board of Education and may not exceed $250.  All
12    reviewing officers on the list provided by the State Board of
13    Education shall be trained in federal and  state  law,  rules
14    and  regulations  and  case  law regarding special education.
15    The State Board of Education shall use resources from  within
16    and  outside  the  agency for the purposes of conducting this
17    training.  No one on the list may be a resident of the school
18    district.  The board and the parents  or  guardian  or  other
19    legal  representatives within 5 days shall alternately strike
20    one name from the list until  only  one  name  remains.   The
21    parents  or  guardian  shall  have the right to proceed first
22    with the striking.  The reviewing officer so  selected  shall
23    conduct  an  impartial  review of the Level I hearing and may
24    issue subpoenas requiring the attendance of witnesses at such
25    review. The parties to  the  appeal  shall  be  afforded  the
26    opportunity  to present oral argument and additional evidence
27    at the review. Upon completion of the  review  the  reviewing
28    officer  shall  render a decision and shall provide a copy of
29    the decision to all parties.
30        (j)  No later than 30 days after  receipt  of  notice  of
31    appeal,  a  final decision shall be reached and a copy mailed
32    to each  of  the  parties.  A  reviewing  officer  may  grant
33    specific extensions of time beyond the 30-day deadline at the
34    request  of  either  party. If a Level II hearing is convened
 
                            -12-               LRB9214157NTpk
 1    the final decision of a Level II hearing officer shall  occur
 2    no more than 30 days following receipt of a notice of appeal,
 3    unless an extension of time is granted by the hearing officer
 4    at the request of either party.  The State Board of Education
 5    shall   establish   rules  and  regulations  delineating  the
 6    standards to be used in  determining  whether  the  reviewing
 7    officer  shall  grant  such extensions. Each hearing and each
 8    review involving oral argument must be conducted  at  a  time
 9    and  place which are reasonably convenient to the parents and
10    the child involved.
11        (k)  Any party aggrieved by the decision of the reviewing
12    officer, including the parent or  guardian,  shall  have  the
13    right  to  bring a civil action with respect to the complaint
14    presented pursuant to  this  Section,  which  action  may  be
15    brought in any circuit court of competent jurisdiction within
16    120  days after a copy of the decision is mailed to the party
17    as provided in subsection (j).   The  civil  action  provided
18    above  shall  not  be  exclusive  of  any rights or causes of
19    action otherwise available.   The  commencement  of  a  civil
20    action  under subsection (k) of this Section shall operate as
21    a supersedeas.  In any action brought under this Section  the
22    court   shall  receive  the  records  of  the  administrative
23    proceedings, shall hear additional evidence at the request of
24    a party, and basing its decision on the preponderance of  the
25    evidence  shall  grant such relief as the court determines is
26    appropriate.  In  any  instance  where  a   school   district
27    willfully   disregards  applicable  regulations  or  statutes
28    regarding  a  child  covered  by  this  Article,  and   which
29    disregard  has  been  detrimental  to  the  child, the school
30    district shall be liable for any reasonable  attorney's  fees
31    incurred  by  the  parent  or  guardian  in  connection  with
32    proceedings under this Section.
33        (l)  During  the  pendency  of  any proceedings conducted
34    pursuant to this Section, unless the State Superintendent  of
 
                            -13-               LRB9214157NTpk
 1    Education, or the school district and the parents or guardian
 2    otherwise agree, the student shall remain in the then current
 3    educational  placement  of  such  student, or if applying for
 4    initial admission to the school  district,  shall,  with  the
 5    consent  of  the parents or guardian, be placed in the school
 6    district  program  until  all  such  proceedings  have   been
 7    completed.   The  costs for any special education and related
 8    services or placement incurred following 60 school days after
 9    the initial request for evaluation  shall  be  borne  by  the
10    school   district  if  such  services  or  placement  are  in
11    accordance with the final determination  as  to  the  special
12    education  and  related  services  or placement which must be
13    provided to the child, provided however that in said  60  day
14    period there have been no delays caused by the child's parent
15    or guardian.
16        (m)  Whenever  (i)  the parents or guardian of a child of
17    the type described in Section 14-1.02 are not  known  or  are
18    unavailable or (ii) the child is a ward of the State residing
19    in  a  residential  facility,  a  person shall be assigned to
20    serve as surrogate parent for the child in  matters  relating
21    to  the identification, evaluation, and educational placement
22    of the child and the provision of a free  appropriate  public
23    education  to the child.  Surrogate parents shall be assigned
24    by the State Superintendent of Education.  The State Board of
25    Education shall promulgate rules and regulations establishing
26    qualifications of such persons and their responsibilities and
27    the procedures to be followed  in  making  such  assignments.
28    Such  surrogate  parents shall not be employees of the school
29    district, an agency created by joint agreement under  Section
30    10-22.31,  an agency involved in the education or care of the
31    student, or the State Board of Education.  For a child who is
32    a ward of the State residing in a residential  facility,  the
33    surrogate  parent  may  be  an employee of a nonpublic agency
34    that provides only non-educational care.    Services  of  any
 
                            -14-               LRB9214157NTpk
 1    person  assigned  as  surrogate parent shall terminate if the
 2    parent  or  guardian  becomes  available   unless   otherwise
 3    requested  by  the  parents or guardian.  The assignment of a
 4    person as surrogate parent at no time supersedes, terminates,
 5    or  suspends  the  parents'  or  guardian's  legal  authority
 6    relative to the child.   Any  person  participating  in  good
 7    faith  as  surrogate  parent  on  behalf  of the child before
 8    school officials or a hearing  officer  shall  have  immunity
 9    from  civil or criminal liability that otherwise might result
10    by reason of such participation, except in cases  of  willful
11    and wanton misconduct.
12        (n)  At  all  stages  of  the hearing the hearing officer
13    shall require that interpreters  be  made  available  by  the
14    local school district for persons who are deaf or for persons
15    whose normally spoken language is other than English.
16        (o)  Whenever   a  person  refuses  to  comply  with  any
17    subpoena issued under this Section, the circuit court of  the
18    county  in  which  such hearing is pending, on application of
19    the State  Superintendent  of  Education  or  the  party  who
20    requested  issuance  of  the subpoena may compel obedience by
21    attachment proceedings as for  contempt,  as  in  a  case  of
22    disobedience  of  the  requirements  of  a subpoena from such
23    court for refusal to testify therein.
24    (Source: P.A. 91-784, eff. 6-9-00.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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