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.


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A BILL FOR

 

HB6899 LRB093 19948 NHT 45692 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Administrative Procedure Act is
5 amended by adding Section 5-170 as follows:
 
6     (5 ILCS 100/5-170 new)
7     Sec. 5-170. Illinois State Board of Education special
8 education rules. Notwithstanding any other provision of this
9 Act or any other law to the contrary, the following special
10 education rule of the Illinois State Board of Education (ISBE)
11 in Part 226 of Title 23 of the Illinois Administrative Code is
12 amended to read as follows by operation of law. This rule, as
13 set forth in this Section, takes effect on the effective date
14 of this amendatory Act of the 93rd General Assembly and may be
15 amended by ISBE only by general rulemaking as provided in
16 Section 5-40 of this Act.
 
17     Section 226.655. Expedited Due Process Hearing. Requests
18 for expedited due process hearings shall be made in accordance
19 with Section 14-8.02b of the School Code.
20     (a) The State Board of Education shall arrange for an
21     expedited hearing when:
22         (1) The local school district requests such a hearing
23     because school personnel maintain that it is dangerous for
24     the child to be in the current placement.
25         (2) The parent requests such a hearing because the
26     parent disagrees with the district's placement decision
27     when a child is moved to an interim alternative educational
28     setting for a weapon or drug violation.
29         (3) The parent requests such a hearing because the
30     parent disagrees with the district's determination that a
31     child's behavior was not a manifestation of the child's

 

 

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1     disability.
2     (b) During the pendency of an expedited hearing, the
3     child's placement shall be the interim alternative educational
4     setting that was determined appropriate by the IEP Team.
5     (c) The hearing officer shall determine:
6         (1) In a case where a school district has requested the
7     hearing because school personnel maintain it is dangerous
8     for the child to be in the current placement, whether the
9     child shall be placed in the proposed alternative
10     educational setting;
11         (2) In a case where a parent requests a hearing because
12     the parent disagrees with the district's placement
13     decision when a child is moved to an interim alternative
14     educational setting for a weapon or drug violation, whether
15     the interim alternative educational placement: (A) is
16     selected so as to enable the child to continue to progress
17     in the general curriculum, although in another setting, and
18     to continue to receive those services and modifications,
19     including those services described in the child's current
20     IEP, that will enable the child to meet the goals set out
21     in that IEP; and (B) includes services and modifications
22     that address the behavior and are designed to prevent the
23     behavior from reoccurring; or
24         (3) When the parent requests such a hearing because the
25     parent disagrees with the district's determination that
26     the child's behavior was not a manifestation of the child's
27     disability, whether the local school district has
28     demonstrated that the child's behavior was not a
29     manifestation of the child's disability. (See Section
30     226.410 of this Part).
31     (d) The hearing officer shall consider the following
32     factors in determining whether an interim alternative
33     placement is appropriate:
34         (1) Whether the local school district has demonstrated
35     by substantial evidence (i.e., beyond a preponderance of
36     the evidence) that maintaining the current placement of the

 

 

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1     child is substantially likely to result in injury to the
2     child or to others;
3         (2) Whether the child's current placement is
4     appropriate;
5         (3) Whether the district has made reasonable efforts to
6     minimize the risk of harm in the child's current placement,
7     including the use of supplementary aids and services; and
8         (4) Whether the interim alternative educational
9     setting will permit full implementation of the student's
10     IEP and includes services and modifications designed to
11     prevent the undesired behavior from recurring.
12     (e) If all the conditions set forth in subsection (d) of
13     this Section are met, the hearing officer shall order a change
14     in the child's placement to an appropriate interim alternative
15     educational setting for not more than 45 days.
16         (1) This new alternative educational setting shall be
17     identified by the IEP Team as provided in Section
18     226.400(h) of this Part.
19         (2) If the district demonstrates that the student is
20     substantially likely to injure himself or herself or others
21     if returned to the placement that was used prior to the
22     student's removal, the hearing officer may order that the
23     student remain in the interim setting for subsequent
24     periods of up to 45 days each.
25     (f) An expedited hearing shall result in a decision within
26     ten school days after the request for the hearing, unless the
27     parents and the local school district agree otherwise.
 
28     Section 99. Effective date. This Act takes effect January
29 1, 2005.