Bill Status of HB 4365   102nd General Assembly

Short Description:  SCHCD-SPEC ED/PRIVATE FACILITY

House Sponsors
Rep. Daniel Didech-William Davis-Robyn Gabel-Jennifer Gong-Gershowitz-Lindsey LaPointe and Suzanne Ness

Senate Sponsors
(Sen. Laura Fine-Christopher Belt, Laura M. Murphy and Omar Aquino)


Last Action  View All Actions

DateChamber Action
  4/22/2022HousePublic Act . . . . . . . . . 102-0703

Statutes Amended In Order of Appearance
105 ILCS 5/14-7.02from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.05
105 ILCS 5/14-15.01from Ch. 122, par. 14-15.01

Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. Allows a child's individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to both nonpublic special education facilities that are approved by the State Board of Education and nonpublic special education facilities that are not approved by the State Board of Education. Requires that a nonpublic special education facility providing services to demonstrate proof to the State Board of Education of (i) appropriate certification of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. Sets forth provisions concerning requests for approval by the State Board of Education of a nonpublic special education facility. Provides that the Community and Residential Service Authority has the power to make final determinations regarding the approval of nonpublic special education facilities. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
105 ILCS 5/14-7.05
105 ILCS 5/14-15.01

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Allows a student's (instead of child's) individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to emergency placements in nonpublic special education facilities that are not approved by the State Board of Education. Provides that a school district may place a student in a nonpublic special education facility providing educational services within the facility, but not approved by the State Board of Education, under specified circumstances. Removes provisions that provide that a school district has no obligation to pay a residential facility unless and until specified proof is provided to the satisfaction of the State Board of Education. Removes provisions that provide that if the State Board of Education denies approval in writing or does not respond to a facility's or resident district's request for approval within 10 days after the request is submitted to the State Board of Education, the matter shall be referred to the Community and Residential Services Authority, which shall make the determination and notify the facility or resident district and the State Board of Education within 10 days after the Authority receives the referral. Provides that emergency placement in an approved facility may continue so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education. Removes changes to provisions concerning placement in a residential facility and payment of educational costs and provisions concerning the Community and Residential Services Authority. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  1/5/2022HouseFiled with the Clerk by Rep. Daniel Didech
  1/5/2022HouseFirst Reading
  1/5/2022HouseReferred to Rules Committee
  1/19/2022HouseAssigned to Appropriations-Elementary & Secondary Education Committee
  2/18/2022HouseCommittee Deadline Extended-Rule 9(b) February 25, 2022
  2/22/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  2/22/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/23/2022HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  2/23/2022HouseRemoved Co-Sponsor Rep. Lindsey LaPointe
  2/25/2022HouseRule 19(a) / Re-referred to Rules Committee
  3/1/2022HouseAssigned to Appropriations-Elementary & Secondary Education Committee
  3/1/2022HouseHouse Committee Amendment No. 1 Rules Refers to Appropriations-Elementary & Secondary Education Committee
  3/1/2022HouseFinal Action Deadline Extended-9(b) March 31, 2022
  3/1/2022HouseMoved to Suspend Rule 21 Rep. Natalie A. Manley
  3/1/2022HouseSuspend Rule 21 - Prevailed
  3/2/2022HouseHouse Committee Amendment No. 1 Adopted in Appropriations-Elementary & Secondary Education Committee; by Voice Vote
  3/2/2022HouseDo Pass as Amended / Short Debate Appropriations-Elementary & Secondary Education Committee; 016-000-000
  3/2/2022HousePlaced on Calendar 2nd Reading - Short Debate
  3/2/2022HouseAdded Chief Co-Sponsor Rep. William Davis
  3/2/2022HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  3/2/2022HouseAdded Chief Co-Sponsor Rep. Jennifer Gong-Gershowitz
  3/2/2022HouseAdded Chief Co-Sponsor Rep. Lindsey LaPointe
  3/2/2022HouseSecond Reading - Short Debate
  3/2/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  3/3/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2022HouseThird Reading - Short Debate - Passed 105-000-000
  3/3/2022HouseAdded Co-Sponsor Rep. Suzanne Ness
  3/4/2022SenateArrive in Senate
  3/4/2022SenatePlaced on Calendar Order of First Reading
  3/4/2022SenateChief Senate Sponsor Sen. Laura Fine
  3/4/2022SenateFirst Reading
  3/4/2022SenateReferred to Assignments
  3/16/2022SenateAssigned to Education
  3/22/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Christopher Belt
  3/23/2022SenateDo Pass Education; 012-000-000
  3/23/2022SenatePlaced on Calendar Order of 2nd Reading
  3/23/2022SenateSecond Reading
  3/23/2022SenatePlaced on Calendar Order of 3rd Reading March 24, 2022
  3/30/2022SenateThird Reading - Passed; 056-000-000
  3/30/2022HousePassed Both Houses
  3/30/2022SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  3/30/2022SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  4/19/2022HouseSent to the Governor
  4/22/2022HouseGovernor Approved
  4/22/2022HouseEffective Date April 22, 2022
  4/22/2022HousePublic Act . . . . . . . . . 102-0703

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