93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7344

 

Introduced 10/27/2004, by Rep. Eileen Lyons - Julie Hamos

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-16 new
30 ILCS 805/8.28 new

    Amends the Children with Disabilities Article of the School Code. Provides that each school district that operates a high school must have a policy and procedures that allow a child with a disability who will have completed 4 years of high school at the end of a school year to participate in the graduation ceremony of the student's high school graduating class and receive a certificate of completion if the student's individualized education program prescribes special education, transition planning, transition services, or related services beyond the student's 4 years of high school. Provides for notification about the policy and procedures. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB093 23743 RAS 53762 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB7344 LRB093 23743 RAS 53762 b

1     AN ACT concerning education, which may be referred to as
2 Brittany's Law.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The School Code is amended by adding Section
6 14-16 as follows:
 
7     (105 ILCS 5/14-16 new)
8     Sec. 14-16. Participation in graduation ceremony.
9     (a) The General Assembly finds the following:
10             (1) Each year, school districts across this State
11     celebrate their students' accomplishments through
12     graduation ceremonies at which high school diplomas are
13     bestowed upon students who have completed their high school
14     requirements.
15             (2) There are children with disabilities in this
16     State who have finished 4 years of high school, but whose
17     individualized education programs prescribe the
18     continuation of special education, transition planning,
19     transition services, or related services beyond the
20     completion of 4 years of high school.
21             (3) It is well-established that the awarding of a
22     high school diploma to and the high school graduation of a
23     child with a disability is tantamount to the termination of
24     eligibility for special education and related services for
25     the student under applicable federal law.
26             (4) Many children with disabilities who will
27     continue their public education in accordance with their
28     individualized education programs after finishing 4 years
29     of high school wish to celebrate their accomplishments by
30     participating in a graduation ceremony with their
31     classmates.
32             (5) The opportunity for classmates with

 

 

HB7344 - 2 - LRB093 23743 RAS 53762 b

1     disabilities and those without disabilities to celebrate
2     their accomplishments together only occurs once, and the
3     opportunity to celebrate the receipt of a diploma several
4     years after one's classmates have graduated diminishes the
5     experience for students whose age peers have left high
6     school several years earlier.
7     (b) Beginning March 1, 2005, each school district that
8 operates a high school must have a policy and procedures that
9 allow a child with a disability who will have completed 4 years
10 of high school at the end of a school year to participate in
11 the graduation ceremony of the student's high school graduating
12 class and receive a certificate of completion if the student's
13 individualized education program prescribes special education,
14 transition planning, transition services, or related services
15 beyond the student's 4 years of high school. The policy and
16 procedures must require timely and meaningful written notice to
17 children with disabilities and their parents or guardians about
18 the school district's policy and procedures adopted in
19 accordance with this Section.
20     (c) The State Board of Education shall monitor and enforce
21 compliance with the provisions of this Section and is
22 authorized to adopt rules for that purpose.
 
23     Section 90. The State Mandates Act is amended by adding
24 Section 8.28 as follows:
 
25     (30 ILCS 805/8.28 new)
26     Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8
27 of this Act, no reimbursement by the State is required for the
28 implementation of any mandate created by this amendatory Act of
29 the 93rd General Assembly.
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.