HB5327 101ST GENERAL ASSEMBLY

LRB101 19195 CMG 68658 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5327

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-17 new

Amends the School Code. Provides that the Protection and Advocacy System for the State of Illinois, Equip for Equality, shall expand its Special Education Rights Clinic and Parent Helpline. Provides that the Special Education Rights Clinic shall partner with the State Board of Education to ensure that its materials for parents are visible and accessible locally, engage in rights training, and provide parents with information and strategies to resolve problems themselves through its parent helpline. Provides that Equip for Equality shall work in partnership with the State Board to ensure that all parents are able to learn about and have access to specified resources. Provides for an annual report. Provides findings provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative findings.

(1) Parents of students in special education have the right under federal law to be meaningful participants with schools in planning for their student's education on at least an annual basis.

(2) Many parents find this process intimidating as they often face a large team of school personnel and feel alone and unsupported when they put forth opinions and recommendations that differ from those of the schools' teams, and most have no place to turn for assistance.

(3) Parents of students who have been subjected to the misuse of restraints and time out are fearful of questioning their students' schools because they are concerned their students' might be discharged or the school might call the police instead.

(4) Parents are not informed about the law governing the use of restraint and time out in the schools and do not know that they can file a complaint with the State Board of Education. Even if they have educated themselves on these issues, most will not feel comfortable taking this step on their own and many will worry about the ramifications for their student. If the State wants parents to report such incidents to the State Board, parents need assistance in this area, including the ability to have a third party file the complaint so that they may remain anonymous.

(5) The last legal needs study of low income families in Illinois found that education was the highest area of legal need and that 92% of legal needs went unmet each year.

(6) According to Mayor Daley's Task Force on Special Education, many parents have many questions and concerns about their students' education, require information about their students' rights as well as their own, and do not trust the school system to tell them what they need to know. The Task Force recommended the establishment of an office for parent advocacy that would be independent of the school system, so that parents would feel comfortable turning to it for assistance and advice.

(7) In 2007, Equip for Equality launched the Special Education Rights Clinic to fulfill this purpose. A cornerstone of the Clinic is an innovative Parent Helpline that is staffed by in-house attorneys and trained volunteer attorneys at corporate legal departments and law firms. The National Council on Disability that advises the President and Congress on disability policy identified the Parent Helpline at Equip for Equality as a promising State development to be watched as it appeared to be an effective way to support parents in resolving problems themselves.

(8) The Parent Helpline's use of interpreter services means that diverse parents, including non-English speaking parents, benefit from this critical assistance.

(9) Parents need basic information on the law governing the use of restraint and time out in schools and their rights and strategies to address their misuse, including reporting to the State Board. Equip for Equality is best positioned to develop a parent packet on this issue in partnership with the State Board for dissemination to all special education parents. The Helpline should be utilized to assist parents in filing complaints with the State Board and be given the option of having Equip for Equality file complaints for them anonymously.

(10) The effectiveness of the Special Education Rights Clinic and Parent Helpline has been documented by an independently conducted telephone survey of a sample of parents who received assistance. The research found that the vast majority of parents found the information provided helpful, took action based on the advice they received, and most were able to resolve the problem. The vast majority of parents said there was no other agency or organization that provided the same type of assistance.

(11) The General Assembly finds that the Governor designated, federally mandated Protection & Advocacy System, Equip for Equality, and the Parent Helpline at its Special Education Rights Clinic are uniquely qualified and positioned to support and empower parents of Illinois' 282,000 students in special education so that they can be effective advocates for their students. The State Board shall form a strategic partnership with Equip for Equality and support this effort, through a State appropriation for this purpose.

Section 5. The School Code is amended by adding Section 14-17 as follows:

(105 ILCS 5/14-17 new)

Sec. 14-17. Parent helpline on special education rights, rights materials, and training.

(a) To help ensure that students with disabilities throughout Illinois receive the individualized educational services they require to be successful and are entitled to under federal law, and that parents have support and assistance to effectively advocate for their students' rights and safety, the Governor-designated, federally mandated Protection and Advocacy System for the State of Illinois, Equip for Equality, shall expand its Special Education Rights Clinic and Parent Helpline so that it can meet the needs of diverse parents of Illinois' 282,000 special education students statewide.

Subject to appropriation, the Special Education Rights Clinic shall partner with the State Board to ensure that its materials for parents are visible and accessible locally, engage in rights training, and provide parents with information and strategies to resolve problems themselves through its Parent Helpline.

(b) Equip for Equality shall work in partnership with the State Board to ensure that all parents are able to learn about and have access to:

(1) Parent Helpline. Staffed with volunteer attorneys and in-house Helpline attorneys, the Helpline shall answer questions from parents about their rights and responsibilities and strategies that they may pursue to resolve problems with their students' schools. The Helpline shall provide advice and strategies to parents whose students have been subjected to the misuse of restraints and time out, including instruction on how to file a complaint with the State Board, or, if they prefer, Equip for Equality will file an anonymous complaint on their behalf.

(2) Student and parent rights materials. The Special Education Rights Clinic will provide the State Board with standardized rights materials electronically for it to share with school districts for the dissemination to parents about their students' rights as well as their own rights. All school districts shall cooperate with the State Board to ensure that parents have access to this important information in compliance with the State Board's guidance; and

(3) Parent training and outreach. The Special Education Rights Clinic shall reach out to diverse parents statewide and conduct in-person training with parents and guardians on his or her student's special education rights. Specific training about restraints and time out shall be offered.

(c) Equip for Equality shall issue an annual report to the Governor, General Assembly, and the State Superintendent of Education.

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