Sen. Christine Radogno
Filed: 11/9/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 757 




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    AMENDMENT NO. ______. Amend House Bill 757  by replacing the 
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title with the following:

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    "AN ACT concerning education, which may be referred to as 
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Brittany's Law."; and
 
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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The School Code is amended  by adding Section 
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14-16 as follows:
 
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    (105 ILCS 5/14-16  new)
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    Sec. 14-16. Participation in graduation ceremony.

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    (a)  The General Assembly finds the following:
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        (1)  Each year, school districts across this State 
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    celebrate their students' accomplishments through 
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    graduation ceremonies at which high school diplomas are 
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    bestowed upon students who have completed their high school 
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    requirements.
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        (2)  There are children with disabilities in this State 
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    who have finished 4 years of high school, but whose 
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    individualized education programs prescribe the 
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    continuation of special education, transition planning, 
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    transition services, or related services beyond the 
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    completion of 4 years of high school.
 


 






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        (3)  It is well-established that the awarding of a high 
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    school diploma to and the high school graduation of a child 
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    with a disability is tantamount to the termination of 
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    eligibility for special education and related services for 
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    the student under applicable federal law.
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        (4)  Many children with disabilities who will continue 
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    their public education in accordance with their 
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    individualized education programs after finishing 4 years 
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    of high school wish to celebrate their accomplishments by 
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    participating in a graduation ceremony with their 
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    classmates.
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        (5)  The opportunity for classmates with disabilities 
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    and those without disabilities to celebrate their 
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    accomplishments together only occurs once, and the 
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    opportunity to celebrate the receipt of a diploma several 
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    years after one's classmates have graduated diminishes the 
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    experience for students whose age peers have left high 
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    school several years earlier.
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    (b)  Beginning March 1, 2005, each school district that 
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operates a high school must have a policy and procedures that 
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allow a child with a disability who will have completed 4 years 
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of high school at the end of a school year to participate in 
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the graduation ceremony of the student's high school graduating 
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class and receive a certificate of completion if the student's 
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individualized education program prescribes special education, 
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transition planning, transition services, or related services 
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beyond the student's 4 years of high school.  The policy and 
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procedures must require  timely and meaningful written notice to 
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children with disabilities and their parents or guardians about 
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the school district's policy and procedures adopted in 
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accordance with this Section.
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    (c)  The State Board of Education shall monitor and enforce 
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compliance with the provisions of this Section and is 
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authorized to adopt rules for that purpose.
 
 


 






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    Section 90. The State Mandates Act is amended by adding 
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Section 8.28 as
follows:


 
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    (30 ILCS 805/8.28 new)

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    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this
Act, no reimbursement by the State is required for the 
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implementation of
any mandate created by this amendatory Act of 
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the 93rd General Assembly.

 

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