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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| rules definitions of "case study",
"staff conference", |
2 |
| "individualized educational program", and "qualified
|
3 |
| specialist" appropriate to each category of children with
|
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| disabilities as defined in
this Article. For purposes of |
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| determining the eligibility of children from
homes in which a |
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| language other than English is used, the State Board of
|
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| Education shall include in the rules
definitions for "qualified |
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| bilingual specialists" and "linguistically and
culturally |
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| appropriate individualized educational programs". For purposes |
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| of this
Section, as well as Sections 14-8.02a, 14-8.02b, and |
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| 14-8.02c of this Code,
"parent" means a parent as defined in |
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| the federal Individuals with Disabilities Education Act (20 |
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| U.S.C. 1401(23)).
|
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| (b) No child shall be eligible for special education |
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| facilities except
with a carefully completed case study fully |
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| reviewed by professional
personnel in a multidisciplinary |
17 |
| staff conference and only upon the
recommendation of qualified |
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| specialists or a qualified bilingual specialist, if
available. |
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| At the conclusion of the multidisciplinary staff conference, |
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| the
parent of the child shall be given a copy of the |
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| multidisciplinary
conference summary report and |
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| recommendations, which includes options
considered, and be |
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| informed of their right to obtain an independent educational
|
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| evaluation if they disagree with the evaluation findings |
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| conducted or obtained
by the school district. If the school |
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| district's evaluation is shown to be
inappropriate, the school |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| district shall reimburse the parent for the cost of
the |
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| independent evaluation. The State Board of Education shall, |
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| with advice
from the State Advisory Council on Education of |
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| Children with
Disabilities on the
inclusion of specific |
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| independent educational evaluators, prepare a list of
|
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| suggested independent educational evaluators. The State Board |
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| of Education
shall include on the list clinical psychologists |
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| licensed pursuant to the
Clinical Psychologist Licensing Act. |
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| Such psychologists shall not be paid fees
in excess of the |
10 |
| amount that would be received by a school psychologist for
|
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| performing the same services. The State Board of Education |
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| shall supply school
districts with such list and make the list |
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| available to parents at their
request. School districts shall |
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| make the list available to parents at the time
they are |
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| informed of their right to obtain an independent educational
|
16 |
| evaluation. However, the school district may initiate an |
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| impartial
due process hearing under this Section within 5 days |
18 |
| of any written parent
request for an independent educational |
19 |
| evaluation to show that
its evaluation is appropriate. If the |
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| final decision is that the evaluation
is appropriate, the |
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| parent still has a right to an independent educational
|
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| evaluation, but not at public expense. An independent |
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| educational
evaluation at public expense must be completed |
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| within 30 days of a parent
written request unless the school |
25 |
| district initiates an
impartial due process hearing or the |
26 |
| parent or school district
offers reasonable grounds to show |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| that such 30 day time period should be
extended. If the due |
2 |
| process hearing decision indicates that the parent is entitled |
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| to an independent educational evaluation, it must be
completed |
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| within 30 days of the decision unless the parent or
the school |
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| district offers reasonable grounds to show that such 30 day
|
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| period should be extended. If a parent disagrees with the |
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| summary report or
recommendations of the multidisciplinary |
8 |
| conference or the findings of any
educational evaluation which |
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| results therefrom, the school
district shall not proceed with a |
10 |
| placement based upon such evaluation and
the child shall remain |
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| in his or her regular classroom setting.
No child shall be |
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| eligible for admission to a
special class for the educable |
13 |
| mentally disabled or for the
trainable
mentally disabled except |
14 |
| with a psychological evaluation
and
recommendation by a school |
15 |
| psychologist. Consent shall be obtained from
the parent of a |
16 |
| child before any evaluation is conducted.
If consent is not |
17 |
| given by the parent or if the parent disagrees with the |
18 |
| findings of the evaluation, then the school
district may |
19 |
| initiate an impartial due process hearing under this Section.
|
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| The school district may evaluate the child if that is the |
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| decision
resulting from the impartial due process hearing and |
22 |
| the decision is not
appealed or if the decision is affirmed on |
23 |
| appeal.
The determination of eligibility shall be made and the |
24 |
| IEP meeting shall be completed within 60 school days
from the |
25 |
| date of written parental consent. In those instances when |
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| written parental consent is obtained with fewer than 60 pupil |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| attendance days left in the school year,
the eligibility |
2 |
| determination shall be made and the IEP meeting shall be |
3 |
| completed prior to the first day of the
following school year. |
4 |
| After a child has been determined to be eligible for a
special |
5 |
| education class, such child must be placed in the appropriate
|
6 |
| program pursuant to the individualized educational program by |
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| or no
later than the beginning of the next school semester. The |
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| appropriate
program pursuant to the individualized educational |
9 |
| program of students
whose native tongue is a language other |
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| than English shall reflect the
special education, cultural and |
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| linguistic needs. No later than September
1, 1993, the State |
12 |
| Board of Education shall establish standards for the
|
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| development, implementation and monitoring of appropriate |
14 |
| bilingual special
individualized educational programs. The |
15 |
| State Board of Education shall
further incorporate appropriate |
16 |
| monitoring procedures to verify implementation
of these |
17 |
| standards. The district shall indicate to the parent and
the |
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| State Board of Education the nature of the services the child |
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| will receive
for the regular school term while waiting |
20 |
| placement in the appropriate special
education class.
|
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| If the child is deaf, hard of hearing, blind, or visually |
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| impaired and
he or she might be eligible to receive services |
23 |
| from the Illinois School for
the Deaf or the Illinois School |
24 |
| for the Visually Impaired, the school
district shall notify the |
25 |
| parents, in writing, of the existence of
these schools
and the |
26 |
| services
they provide and shall make a reasonable effort to |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| inform the parents of the existence of other, local schools |
2 |
| that provide similar services and the services that these other |
3 |
| schools provide. This notification
shall
include without |
4 |
| limitation information on school services, school
admissions |
5 |
| criteria, and school contact information.
|
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| In the development of the individualized education program |
7 |
| for a student who has a disability on the autism spectrum |
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| (which includes autistic disorder, Asperger's disorder, |
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| pervasive developmental disorder not otherwise specified, |
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| childhood disintegrative disorder, and Rett Syndrome, as |
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| defined in the Diagnostic and Statistical Manual of Mental |
12 |
| Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
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| consider all of the following factors: |
14 |
| (1) The verbal and nonverbal communication needs of the |
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| child. |
16 |
| (2) The need to develop social interaction skills and |
17 |
| proficiencies. |
18 |
| (3) The needs resulting from the child's unusual |
19 |
| responses to sensory experiences. |
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| (4) The needs resulting from resistance to |
21 |
| environmental change or change in daily routines. |
22 |
| (5) The needs resulting from engagement in repetitive |
23 |
| activities and stereotyped movements. |
24 |
| (6) The need for any positive behavioral |
25 |
| interventions, strategies, and supports to address any |
26 |
| behavioral difficulties resulting from autism spectrum |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| disorder. |
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| (7) Other needs resulting from the child's disability |
3 |
| that impact progress in the general curriculum, including |
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| social and emotional development. |
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| Public Act 95-257
does not create any new entitlement to a |
6 |
| service, program, or benefit, but must not affect any |
7 |
| entitlement to a service, program, or benefit created by any |
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| other law.
|
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| If the student may be eligible to participate in the |
10 |
| Home-Based Support
Services Program for Mentally Disabled |
11 |
| Adults authorized under the
Developmental Disability and |
12 |
| Mental Disability Services Act upon becoming an
adult, the |
13 |
| student's individualized education program shall include plans |
14 |
| for
(i) determining the student's eligibility for those |
15 |
| home-based services, (ii)
enrolling the student in the program |
16 |
| of home-based services, and (iii)
developing a plan for the |
17 |
| student's most effective use of the home-based
services after |
18 |
| the student becomes an adult and no longer receives special
|
19 |
| educational services under this Article. The plans developed |
20 |
| under this
paragraph shall include specific actions to be taken |
21 |
| by specified individuals,
agencies, or officials.
|
22 |
| (c) In the development of the individualized education |
23 |
| program for a
student who is functionally blind, it shall be |
24 |
| presumed that proficiency in
Braille reading and writing is |
25 |
| essential for the student's satisfactory
educational progress. |
26 |
| For purposes of this subsection, the State Board of
Education |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| shall determine the criteria for a student to be classified as
|
2 |
| functionally blind. Students who are not currently identified |
3 |
| as
functionally blind who are also entitled to Braille |
4 |
| instruction include:
(i) those whose vision loss is so severe |
5 |
| that they are unable to read and
write at a level comparable to |
6 |
| their peers solely through the use of
vision, and (ii) those |
7 |
| who show evidence of progressive vision loss that
may result in |
8 |
| functional blindness. Each student who is functionally blind
|
9 |
| shall be entitled to Braille reading and writing instruction |
10 |
| that is
sufficient to enable the student to communicate with |
11 |
| the same level of
proficiency as other students of comparable |
12 |
| ability. Instruction should be
provided to the extent that the |
13 |
| student is physically and cognitively able
to use Braille. |
14 |
| Braille instruction may be used in combination with other
|
15 |
| special education services appropriate to the student's |
16 |
| educational needs.
The assessment of each student who is |
17 |
| functionally blind for the purpose of
developing the student's |
18 |
| individualized education program shall include
documentation |
19 |
| of the student's strengths and weaknesses in Braille skills.
|
20 |
| Each person assisting in the development of the individualized |
21 |
| education
program for a student who is functionally blind shall |
22 |
| receive information
describing the benefits of Braille |
23 |
| instruction. The individualized
education program for each |
24 |
| student who is functionally blind shall
specify the appropriate |
25 |
| learning medium or media based on the assessment
report.
|
26 |
| (d) To the maximum extent appropriate, the placement shall |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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|
1 |
| provide the
child with the opportunity to be educated with |
2 |
| children who are not
disabled; provided that children with
|
3 |
| disabilities who are recommended to be
placed into regular |
4 |
| education classrooms are provided with supplementary
services |
5 |
| to assist the children with disabilities to benefit
from the |
6 |
| regular
classroom instruction and are included on the teacher's |
7 |
| regular education class
register. Subject to the limitation of |
8 |
| the preceding sentence, placement in
special classes, separate |
9 |
| schools or other removal of the disabled child
from the regular |
10 |
| educational environment shall occur only when the nature of
the |
11 |
| severity of the disability is such that education in the
|
12 |
| regular classes with
the use of supplementary aids and services |
13 |
| cannot be achieved satisfactorily.
The placement of limited |
14 |
| English proficiency students with disabilities shall
be in |
15 |
| non-restrictive environments which provide for integration |
16 |
| with
non-disabled peers in bilingual classrooms. Annually, |
17 |
| each January, school districts shall report data on students |
18 |
| from non-English
speaking backgrounds receiving special |
19 |
| education and related services in
public and private facilities |
20 |
| as prescribed in Section 2-3.30. If there
is a disagreement |
21 |
| between parties involved regarding the special education
|
22 |
| placement of any child, either in-state or out-of-state, the |
23 |
| placement is
subject to impartial due process procedures |
24 |
| described in Article 10 of the
Rules and Regulations to Govern |
25 |
| the Administration and Operation of Special
Education.
|
26 |
| (e) No child who comes from a home in which a language |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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| 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 and |
4 |
| used in his home, tests reasonably related to his
cultural |
5 |
| environment. All testing and evaluation materials and |
6 |
| procedures
utilized for evaluation and placement shall not be |
7 |
| linguistically, racially or
culturally discriminatory.
|
8 |
| (f) Nothing in this Article shall be construed to require |
9 |
| any child to
undergo any physical examination or medical |
10 |
| treatment whose parents object thereto on the grounds that such |
11 |
| examination or
treatment conflicts with his religious beliefs.
|
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| (g) School boards or their designee shall provide to the |
13 |
| parents of a child prior written notice of any decision (a) |
14 |
| proposing
to initiate or change, or (b) refusing to initiate or |
15 |
| change, the
identification, evaluation, or educational |
16 |
| placement of the child or the
provision of a free appropriate |
17 |
| public education to their child, and the
reasons therefor. Such |
18 |
| written notification shall also inform the
parent of the |
19 |
| opportunity to present complaints with respect
to any matter |
20 |
| relating to the educational placement of the student, or
the |
21 |
| provision of a free appropriate public education and to have an
|
22 |
| impartial due process hearing on the complaint. The notice |
23 |
| shall inform
the parents in the parents' native language,
|
24 |
| unless it is clearly not feasible to do so, of their rights and |
25 |
| all
procedures available pursuant to this Act and the federal |
26 |
| Individuals with Disabilities Education Improvement Act of |
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HB0628 Enrolled |
- 11 - |
LRB096 07454 NHT 17546 b |
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|
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| 2004 (Public Law 108-446); it
shall be the responsibility of |
2 |
| the State Superintendent to develop
uniform notices setting |
3 |
| forth the procedures available under this Act
and the federal |
4 |
| Individuals with Disabilities Education Improvement Act of |
5 |
| 2004 (Public Law 108-446) to be used by all school boards. The |
6 |
| notice
shall also inform the parents of the availability upon
|
7 |
| request of a list of free or low-cost legal and other relevant |
8 |
| services
available locally to assist parents in initiating an
|
9 |
| impartial due process hearing. Any parent who is deaf, or
does |
10 |
| not normally communicate using spoken English, who |
11 |
| participates in
a meeting with a representative of a local |
12 |
| educational agency for the
purposes of developing an |
13 |
| individualized educational program shall be
entitled to the |
14 |
| services of an interpreter.
|
15 |
| (g-5) For purposes of this subsection (g-5), "qualified |
16 |
| professional" means an individual who holds credentials to |
17 |
| evaluate the child in the domain or domains for which an |
18 |
| evaluation is sought or an intern working under the direct |
19 |
| supervision of a qualified professional, including a master's |
20 |
| or doctoral degree candidate. |
21 |
| To ensure that a parent can participate fully and |
22 |
| effectively with school personnel in the development of |
23 |
| appropriate educational and related services for his or her |
24 |
| child, the parent, an independent educational evaluator, or a |
25 |
| qualified professional retained by or on behalf of a parent or |
26 |
| child must be afforded reasonable access to educational |
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HB0628 Enrolled |
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LRB096 07454 NHT 17546 b |
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|
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| facilities, personnel, classrooms, and buildings and to the |
2 |
| child as provided in this subsection (g-5). The requirements of |
3 |
| this subsection (g-5) apply to any public school facility, |
4 |
| building, or program and to any facility, building, or program |
5 |
| supported in whole or in part by public funds. Prior to |
6 |
| visiting a school, school building, or school facility, the |
7 |
| parent, independent educational evaluator, or qualified |
8 |
| professional may be required by the school district to inform |
9 |
| the building principal or supervisor in writing of the proposed |
10 |
| visit, the purpose of the visit, and the approximate duration |
11 |
| of the visit. The visitor and the school district shall arrange |
12 |
| the visit or visits at times that are mutually agreeable. |
13 |
| Visitors shall comply with school safety, security, and |
14 |
| visitation policies at all times. School district visitation |
15 |
| policies must not conflict with this subsection (g-5). Visitors |
16 |
| shall be required to comply with the requirements of applicable |
17 |
| privacy laws, including those laws protecting the |
18 |
| confidentiality of education records such as the federal Family |
19 |
| Educational Rights and Privacy Act and the Illinois School |
20 |
| Student Records Act. The visitor shall not disrupt the |
21 |
| educational process. |
22 |
| (1) A parent must be afforded reasonable access of |
23 |
| sufficient duration and scope for the purpose of observing |
24 |
| his or her child in the child's current educational |
25 |
| placement, services, or program or for the purpose of |
26 |
| visiting an educational placement or program proposed for |
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HB0628 Enrolled |
- 13 - |
LRB096 07454 NHT 17546 b |
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|
1 |
| the child. |
2 |
| (2) An independent educational evaluator or a |
3 |
| qualified professional retained by or on behalf of a parent |
4 |
| or child must be afforded reasonable access of sufficient |
5 |
| duration and scope for the purpose of conducting an |
6 |
| evaluation of the child, the child's performance, the |
7 |
| child's current educational program, placement, services, |
8 |
| or environment, or any educational program, placement, |
9 |
| services, or environment proposed for the child, including |
10 |
| interviews of educational personnel, child observations, |
11 |
| assessments, tests or assessments of the child's |
12 |
| educational program, services, or placement or of any |
13 |
| proposed educational program, services, or placement. If |
14 |
| one or more interviews of school personnel are part of the |
15 |
| evaluation, the interviews must be conducted at a mutually |
16 |
| agreed upon time, date, and place that do not interfere |
17 |
| with the school employee's school duties. The school |
18 |
| district may limit interviews to personnel having |
19 |
| information relevant to the child's current educational |
20 |
| services, program, or placement or to a proposed |
21 |
| educational service, program, or placement. |
22 |
| (h) (Blank).
|
23 |
| (i) (Blank).
|
24 |
| (j) (Blank).
|
25 |
| (k) (Blank).
|
26 |
| (l) (Blank).
|