HB6899 93RD GENERAL ASSEMBLY

LRB093 19948 NHT 45692 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6899

Introduced 02/09/04, by Roger L. Eddy

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-170 new

Amends the Illinois Administrative Procedure Act. Provides that the special education rule of the Illinois State Board of Education (ISBE) concerning an expedited due process hearing is changed by operation of law. Provides that ISBE may amend the rule only by general rulemaking under the Act. Effective January 1, 2005.

A BILL FOR

AN ACT concerning education.

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

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-170 as follows:

(5 ILCS 100/5-170 new)

Sec. 5-170. Illinois State Board of Education special education rules. Notwithstanding any other provision of this Act or any other law to the contrary, the following special education rule of the Illinois State Board of Education (ISBE) in Part 226 of Title 23 of the Illinois Administrative Code is amended to read as follows by operation of law. This rule, as set forth in this Section, takes effect on the effective date of this amendatory Act of the 93rd General Assembly and may be amended by ISBE only by general rulemaking as provided in Section 5-40 of this Act.

Section 226.655. Expedited Due Process Hearing. Requests for expedited due process hearings shall be made in accordance with Section 14-8.02b of the School Code.

(a) The State Board of Education shall arrange for an expedited hearing when:

(1) The local school district requests such a hearing because school personnel maintain that it is dangerous for the child to be in the current placement.

(2) The parent requests such a hearing because the parent disagrees with the district's placement decision when a child is moved to an interim alternative educational setting for a weapon or drug violation.

(3) The parent requests such a hearing because the parent disagrees with the district's determination that a child's behavior was not a manifestation of the child's disability.

(b) During the pendency of an expedited hearing, the child's placement shall be the interim alternative educational setting that was determined appropriate by the IEP Team.

(c) The hearing officer shall determine:

(1) In a case where a school district has requested the hearing because school personnel maintain it is dangerous for the child to be in the current placement, whether the child shall be placed in the proposed alternative educational setting;

(2) In a case where a parent requests a hearing because the parent disagrees with the district's placement decision when a child is moved to an interim alternative educational setting for a weapon or drug violation, whether the interim alternative educational placement: (A) is selected so as to enable the child to continue to progress in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those services described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and (B) includes services and modifications that address the behavior and are designed to prevent the behavior from reoccurring; or

(3) When the parent requests such a hearing because the parent disagrees with the district's determination that the child's behavior was not a manifestation of the child's disability, whether the local school district has demonstrated that the child's behavior was not a manifestation of the child's disability. (See Section 226.410 of this Part).

(d) The hearing officer shall consider the following factors in determining whether an interim alternative placement is appropriate:

(1) Whether the local school district has demonstrated by substantial evidence (i.e., beyond a preponderance of the evidence) that maintaining the current placement of the child is substantially likely to result in injury to the child or to others;

(2) Whether the child's current placement is appropriate;

(3) Whether the district has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and

(4) Whether the interim alternative educational setting will permit full implementation of the student's IEP and includes services and modifications designed to prevent the undesired behavior from recurring.

(e) If all the conditions set forth in subsection (d) of this Section are met, the hearing officer shall order a change in the child's placement to an appropriate interim alternative educational setting for not more than 45 days.

(1) This new alternative educational setting shall be identified by the IEP Team as provided in Section 226.400(h) of this Part.

(2) If the district demonstrates that the student is substantially likely to injure himself or herself or others if returned to the placement that was used prior to the student's removal, the hearing officer may order that the student remain in the interim setting for subsequent periods of up to 45 days each.

(f) An expedited hearing shall result in a decision within ten school days after the request for the hearing, unless the parents and the local school district agree otherwise.

Section 99. Effective date. This Act takes effect January 1, 2005.