Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0124


 

Public Act 0124 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0124
 
HB0424 EnrolledLRB101 03355 AXK 48363 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
14-8.02 as follows:
 
    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
    Sec. 14-8.02. Identification, evaluation, and placement of
children.
    (a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules definitions
of "case study", "staff conference", "individualized
educational program", and "qualified specialist" appropriate
to each category of children with disabilities as defined in
this Article. For purposes of determining the eligibility of
children from homes in which a language other than English is
used, the State Board of Education shall include in the rules
definitions for "qualified bilingual specialists" and
"linguistically and culturally appropriate individualized
educational programs". For purposes of this Section, as well as
Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals
with Disabilities Education Act (20 U.S.C. 1401(23)).
    (b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of their right to obtain an independent educational
evaluation if they disagree with the evaluation findings
conducted or obtained by the school district. If the school
district's evaluation is shown to be inappropriate, the school
district shall reimburse the parent for the cost of the
independent evaluation. The State Board of Education shall,
with advice from the State Advisory Council on Education of
Children with Disabilities on the inclusion of specific
independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board
of Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the
amount that would be received by a school psychologist for
performing the same services. The State Board of Education
shall supply school districts with such list and make the list
available to parents at their request. School districts shall
make the list available to parents at the time they are
informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30 day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30 day
period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with a
placement based upon such evaluation and the child shall remain
in his or her regular classroom setting. No child shall be
eligible for admission to a special class for children with a
mental disability who are educable or for children with a
mental disability who are trainable except with a psychological
evaluation and recommendation by a school psychologist.
Consent shall be obtained from the parent of a child before any
evaluation is conducted. If consent is not given by the parent
or if the parent disagrees with the findings of the evaluation,
then the school district may initiate an impartial due process
hearing under this Section. The school district may evaluate
the child if that is the decision resulting from the impartial
due process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall be
made and the IEP meeting shall be completed prior to the first
day of the following school year. Special education and related
services must be provided in accordance with the student's IEP
no later than 10 school attendance days after notice is
provided to the parents pursuant to Section 300.503 of Title 34
of the Code of Federal Regulations and implementing rules
adopted by the State Board of Education. The appropriate
program pursuant to the individualized educational program of
students whose native tongue is a language other than English
shall reflect the special education, cultural and linguistic
needs. No later than September 1, 1993, the State Board of
Education shall establish standards for the development,
implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of
Education shall further incorporate appropriate monitoring
procedures to verify implementation of these standards. The
district shall indicate to the parent and the State Board of
Education the nature of the services the child will receive for
the regular school term while waiting placement in the
appropriate special education class. At the child's initial IEP
meeting and at each annual review meeting, the child's IEP team
shall provide the child's parent or guardian with a written
notification that informs the parent or guardian that the IEP
team is required to consider whether the child requires
assistive technology in order to receive free, appropriate
public education. The notification must also include a
toll-free telephone number and internet address for the State's
assistive technology program.
    If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify the
parents, in writing, of the existence of these schools and the
services they provide and shall make a reasonable effort to
inform the parents of the existence of other, local schools
that provide similar services and the services that these other
schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.
    In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
        (1) The verbal and nonverbal communication needs of the
    child.
        (2) The need to develop social interaction skills and
    proficiencies.
        (3) The needs resulting from the child's unusual
    responses to sensory experiences.
        (4) The needs resulting from resistance to
    environmental change or change in daily routines.
        (5) The needs resulting from engagement in repetitive
    activities and stereotyped movements.
        (6) The need for any positive behavioral
    interventions, strategies, and supports to address any
    behavioral difficulties resulting from autism spectrum
    disorder.
        (7) Other needs resulting from the child's disability
    that impact progress in the general curriculum, including
    social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
    If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be taken
by specified individuals, agencies, or officials.
    (c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result in
functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction
that is sufficient to enable the student to communicate with
the same level of proficiency as other students of comparable
ability. Instruction should be provided to the extent that the
student is physically and cognitively able to use Braille.
Braille instruction may be used in combination with other
special education services appropriate to the student's
educational needs. The assessment of each student who is
functionally blind for the purpose of developing the student's
individualized education program shall include documentation
of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized
education program for a student who is functionally blind shall
receive information describing the benefits of Braille
instruction. The individualized education program for each
student who is functionally blind shall specify the appropriate
learning medium or media based on the assessment report.
    (d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into regular
education classrooms are provided with supplementary services
to assist the children with disabilities to benefit from the
regular classroom instruction and are included on the teacher's
regular education class register. Subject to the limitation of
the preceding sentence, placement in special classes, separate
schools or other removal of the child with a disability from
the regular educational environment shall occur only when the
nature of the severity of the disability is such that education
in the regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily. The placement of
English learners with disabilities shall be in non-restrictive
environments which provide for integration with peers who do
not have disabilities in bilingual classrooms. Annually, each
January, school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
    (e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
    (f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that such
examination or treatment conflicts with his religious beliefs.
    (g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate or
change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. Such
written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2 years.
Any parent who is deaf, or does not normally communicate using
spoken English, who participates in a meeting with a
representative of a local educational agency for the purposes
of developing an individualized educational program shall be
entitled to the services of an interpreter. The State Board of
Education must adopt rules to establish the criteria,
standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.
    (g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
    To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements of
this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the proposed
visit, the purpose of the visit, and the approximate duration
of the visit. The visitor and the school district shall arrange
the visit or visits at times that are mutually agreeable.
Visitors shall comply with school safety, security, and
visitation policies at all times. School district visitation
policies must not conflict with this subsection (g-5). Visitors
shall be required to comply with the requirements of applicable
privacy laws, including those laws protecting the
confidentiality of education records such as the federal Family
Educational Rights and Privacy Act and the Illinois School
Student Records Act. The visitor shall not disrupt the
educational process.
        (1) A parent must be afforded reasonable access of
    sufficient duration and scope for the purpose of observing
    his or her child in the child's current educational
    placement, services, or program or for the purpose of
    visiting an educational placement or program proposed for
    the child.
        (2) An independent educational evaluator or a
    qualified professional retained by or on behalf of a parent
    or child must be afforded reasonable access of sufficient
    duration and scope for the purpose of conducting an
    evaluation of the child, the child's performance, the
    child's current educational program, placement, services,
    or environment, or any educational program, placement,
    services, or environment proposed for the child, including
    interviews of educational personnel, child observations,
    assessments, tests or assessments of the child's
    educational program, services, or placement or of any
    proposed educational program, services, or placement. If
    one or more interviews of school personnel are part of the
    evaluation, the interviews must be conducted at a mutually
    agreed upon time, date, and place that do not interfere
    with the school employee's school duties. The school
    district may limit interviews to personnel having
    information relevant to the child's current educational
    services, program, or placement or to a proposed
    educational service, program, or placement.
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank).
    (l) (Blank).
    (m) (Blank).
    (n) (Blank).
    (o) (Blank).
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-122, eff. 8-18-17; 100-863, eff.
8-14-18; 100-993, eff. 8-20-18.)

Effective Date: 1/1/2020