95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1953

 

Introduced 2/7/2008, by Sen. Deanna Demuzio

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-8.02e new

    Amends the Children with Disabilities Article of the School Code. Provides that in implementing a response to intervention (RTI) process for a student suspected of having a specific learning disability or other disability that adversely impacts the academic progress of the student, a school district must comply with specified procedures prior to implementing RTI. Provides that if a student who is participating in RTI is alleged to have engaged in behavior that is in violation of a code of student conduct, the school district shall be deemed to have knowledge that the student is a student with a disability, pursuant to federal law, and shall follow the procedures set forth in federal law if the school district proposes to take disciplinary action against the student. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1953 LRB095 17706 NHT 43781 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 School Code is amended by adding Section
5 14-8.02e as follows:
 
6     (105 ILCS 5/14-8.02e new)
7     Sec. 14-8.02e. Response to intervention; parental rights
8 and involvement.
9     (a) In implementing a response to intervention (RTI)
10 process, pursuant to 34 CFR 300.304 and rules adopted by the
11 State Board of Education, for a student suspected of having a
12 specific learning disability or other disability that
13 adversely impacts the academic progress of the student, a
14 school district must comply with all of the following
15 procedures prior to implementing RTI:
16         (1) Convene a meeting between the student's parents and
17     appropriate school personnel who are involved in the
18     process of referring the student for RTI and discuss with
19     the parents the reasons why RTI is considered appropriate
20     for the student and the proposed content of the
21     intervention strategies and develop, with the
22     participation of the parents, the individualized goals of
23     RTI for the student.

 

 

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1         (2) Provide an explanation in writing to the parents of
2     how data will be collected and analyzed for the student.
3         (3) Establish with the parents a mutually agreed upon
4     process and schedule for sharing data and progress reports
5     with the parents, which must be confirmed in writing.
6         (4) In consultation with appropriate school personnel
7     and the parents, establish and confirm in writing a maximum
8     time that RTI will be implemented for the student, absent
9     subsequent consent by the parents to extend the maximum
10     time.
11         (5) Provide written notice to the parents of their
12     right, under this Article and 20 U.S.C. Sec. 1415, to
13     request an evaluation to determine whether the student is
14     eligible for special education during the period in which
15     RTI is being used for the student. A parental request for
16     an evaluation must not be denied solely on the basis that
17     the student is participating in RTI.
18     (b) If a student who is participating in RTI is alleged to
19 have engaged in behavior that is in violation of a code of
20 student conduct, the school district shall be deemed to have
21 knowledge that the student is a child with a disability,
22 pursuant to 20 U.S.C. Sec. 1415(k)(5), and shall follow the
23 procedures set forth in 20 U.S.C. 1415(k) if the school
24 district proposes to take disciplinary action against the
25 student.
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.