97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3541

 

Introduced 2/8/2012, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-8.02  from Ch. 122, par. 14-8.02

    Amends the School Code. Makes a technical change in a Section concerning the identification, evaluation, and placement of children in special education programs.


LRB097 16975 NHT 62166 b

 

 

A BILL FOR

 

SB3541LRB097 16975 NHT 62166 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-8.02 as follows:
 
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    Sec. 14-8.02. Identification, Evaluation and Placement of
8Children.
9    (a) The The State Board of Education shall make rules under
10which local school boards shall determine the eligibility of
11children to receive special education. Such rules shall ensure
12that a free appropriate public education be available to all
13children with disabilities as defined in Section 14-1.02. The
14State Board of Education shall require local school districts
15to administer non-discriminatory procedures or tests to
16limited English proficiency students coming from homes in which
17a language other than English is used to determine their
18eligibility to receive special education. The placement of low
19English proficiency students in special education programs and
20facilities shall be made in accordance with the test results
21reflecting the student's linguistic, cultural and special
22education needs. For purposes of determining the eligibility of
23children the State Board of Education shall include in the

 

 

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1rules definitions of "case study", "staff conference",
2"individualized educational program", and "qualified
3specialist" appropriate to each category of children with
4disabilities as defined in this Article. For purposes of
5determining the eligibility of children from homes in which a
6language other than English is used, the State Board of
7Education shall include in the rules definitions for "qualified
8bilingual specialists" and "linguistically and culturally
9appropriate individualized educational programs". For purposes
10of this Section, as well as Sections 14-8.02a, 14-8.02b, and
1114-8.02c of this Code, "parent" means a parent as defined in
12the federal Individuals with Disabilities Education Act (20
13U.S.C. 1401(23)).
14    (b) No child shall be eligible for special education
15facilities except with a carefully completed case study fully
16reviewed by professional personnel in a multidisciplinary
17staff conference and only upon the recommendation of qualified
18specialists or a qualified bilingual specialist, if available.
19At the conclusion of the multidisciplinary staff conference,
20the parent of the child shall be given a copy of the
21multidisciplinary conference summary report and
22recommendations, which includes options considered, and be
23informed of their right to obtain an independent educational
24evaluation if they disagree with the evaluation findings
25conducted or obtained by the school district. If the school
26district's evaluation is shown to be inappropriate, the school

 

 

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1district shall reimburse the parent for the cost of the
2independent evaluation. The State Board of Education shall,
3with advice from the State Advisory Council on Education of
4Children with Disabilities on the inclusion of specific
5independent educational evaluators, prepare a list of
6suggested independent educational evaluators. The State Board
7of Education shall include on the list clinical psychologists
8licensed pursuant to the Clinical Psychologist Licensing Act.
9Such psychologists shall not be paid fees in excess of the
10amount that would be received by a school psychologist for
11performing the same services. The State Board of Education
12shall supply school districts with such list and make the list
13available to parents at their request. School districts shall
14make the list available to parents at the time they are
15informed of their right to obtain an independent educational
16evaluation. However, the school district may initiate an
17impartial due process hearing under this Section within 5 days
18of any written parent request for an independent educational
19evaluation to show that its evaluation is appropriate. If the
20final decision is that the evaluation is appropriate, the
21parent still has a right to an independent educational
22evaluation, but not at public expense. An independent
23educational evaluation at public expense must be completed
24within 30 days of a parent written request unless the school
25district initiates an impartial due process hearing or the
26parent or school district offers reasonable grounds to show

 

 

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1that such 30 day time period should be extended. If the due
2process hearing decision indicates that the parent is entitled
3to an independent educational evaluation, it must be completed
4within 30 days of the decision unless the parent or the school
5district offers reasonable grounds to show that such 30 day
6period should be extended. If a parent disagrees with the
7summary report or recommendations of the multidisciplinary
8conference or the findings of any educational evaluation which
9results therefrom, the school district shall not proceed with a
10placement based upon such evaluation and the child shall remain
11in his or her regular classroom setting. No child shall be
12eligible for admission to a special class for the educable
13mentally disabled or for the trainable mentally disabled except
14with a psychological evaluation and recommendation by a school
15psychologist. Consent shall be obtained from the parent of a
16child before any evaluation is conducted. If consent is not
17given by the parent or if the parent disagrees with the
18findings of the evaluation, then the school district may
19initiate an impartial due process hearing under this Section.
20The school district may evaluate the child if that is the
21decision resulting from the impartial due process hearing and
22the decision is not appealed or if the decision is affirmed on
23appeal. The determination of eligibility shall be made and the
24IEP meeting shall be completed within 60 school days from the
25date of written parental consent. In those instances when
26written parental consent is obtained with fewer than 60 pupil

 

 

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1attendance days left in the school year, the eligibility
2determination shall be made and the IEP meeting shall be
3completed prior to the first day of the following school year.
4After a child has been determined to be eligible for a special
5education class, such child must be placed in the appropriate
6program pursuant to the individualized educational program by
7or no later than the beginning of the next school semester. The
8appropriate program pursuant to the individualized educational
9program of students whose native tongue is a language other
10than English shall reflect the special education, cultural and
11linguistic needs. No later than September 1, 1993, the State
12Board of Education shall establish standards for the
13development, implementation and monitoring of appropriate
14bilingual special individualized educational programs. The
15State Board of Education shall further incorporate appropriate
16monitoring procedures to verify implementation of these
17standards. The district shall indicate to the parent and the
18State Board of Education the nature of the services the child
19will receive for the regular school term while waiting
20placement in the appropriate special education class.
21    If the child is deaf, hard of hearing, blind, or visually
22impaired and he or she might be eligible to receive services
23from the Illinois School for the Deaf or the Illinois School
24for the Visually Impaired, the school district shall notify the
25parents, in writing, of the existence of these schools and the
26services they provide and shall make a reasonable effort to

 

 

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1inform the parents of the existence of other, local schools
2that provide similar services and the services that these other
3schools provide. This notification shall include without
4limitation information on school services, school admissions
5criteria, and school contact information.
6    In the development of the individualized education program
7for a student who has a disability on the autism spectrum
8(which includes autistic disorder, Asperger's disorder,
9pervasive developmental disorder not otherwise specified,
10childhood disintegrative disorder, and Rett Syndrome, as
11defined in the Diagnostic and Statistical Manual of Mental
12Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
13consider all of the following factors:
14        (1) The verbal and nonverbal communication needs of the
15    child.
16        (2) The need to develop social interaction skills and
17    proficiencies.
18        (3) The needs resulting from the child's unusual
19    responses to sensory experiences.
20        (4) The needs resulting from resistance to
21    environmental change or change in daily routines.
22        (5) The needs resulting from engagement in repetitive
23    activities and stereotyped movements.
24        (6) The need for any positive behavioral
25    interventions, strategies, and supports to address any
26    behavioral difficulties resulting from autism spectrum

 

 

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1    disorder.
2        (7) Other needs resulting from the child's disability
3    that impact progress in the general curriculum, including
4    social and emotional development.
5Public Act 95-257 does not create any new entitlement to a
6service, program, or benefit, but must not affect any
7entitlement to a service, program, or benefit created by any
8other law.
9    If the student may be eligible to participate in the
10Home-Based Support Services Program for Mentally Disabled
11Adults authorized under the Developmental Disability and
12Mental Disability Services Act upon becoming an adult, the
13student's individualized education program shall include plans
14for (i) determining the student's eligibility for those
15home-based services, (ii) enrolling the student in the program
16of home-based services, and (iii) developing a plan for the
17student's most effective use of the home-based services after
18the student becomes an adult and no longer receives special
19educational services under this Article. The plans developed
20under this paragraph shall include specific actions to be taken
21by specified individuals, agencies, or officials.
22    (c) In the development of the individualized education
23program for a student who is functionally blind, it shall be
24presumed that proficiency in Braille reading and writing is
25essential for the student's satisfactory educational progress.
26For purposes of this subsection, the State Board of Education

 

 

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1shall determine the criteria for a student to be classified as
2functionally blind. Students who are not currently identified
3as functionally blind who are also entitled to Braille
4instruction include: (i) those whose vision loss is so severe
5that they are unable to read and write at a level comparable to
6their peers solely through the use of vision, and (ii) those
7who show evidence of progressive vision loss that may result in
8functional blindness. Each student who is functionally blind
9shall be entitled to Braille reading and writing instruction
10that is sufficient to enable the student to communicate with
11the same level of proficiency as other students of comparable
12ability. Instruction should be provided to the extent that the
13student is physically and cognitively able to use Braille.
14Braille instruction may be used in combination with other
15special education services appropriate to the student's
16educational needs. The assessment of each student who is
17functionally blind for the purpose of developing the student's
18individualized education program shall include documentation
19of the student's strengths and weaknesses in Braille skills.
20Each person assisting in the development of the individualized
21education program for a student who is functionally blind shall
22receive information describing the benefits of Braille
23instruction. The individualized education program for each
24student who is functionally blind shall specify the appropriate
25learning medium or media based on the assessment report.
26    (d) To the maximum extent appropriate, the placement shall

 

 

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1provide the child with the opportunity to be educated with
2children who are not disabled; provided that children with
3disabilities who are recommended to be placed into regular
4education classrooms are provided with supplementary services
5to assist the children with disabilities to benefit from the
6regular classroom instruction and are included on the teacher's
7regular education class register. Subject to the limitation of
8the preceding sentence, placement in special classes, separate
9schools or other removal of the disabled child from the regular
10educational environment shall occur only when the nature of the
11severity of the disability is such that education in the
12regular classes with the use of supplementary aids and services
13cannot be achieved satisfactorily. The placement of limited
14English proficiency students with disabilities shall be in
15non-restrictive environments which provide for integration
16with non-disabled peers in bilingual classrooms. Annually,
17each January, school districts shall report data on students
18from non-English speaking backgrounds receiving special
19education and related services in public and private facilities
20as prescribed in Section 2-3.30. If there is a disagreement
21between parties involved regarding the special education
22placement of any child, either in-state or out-of-state, the
23placement is subject to impartial due process procedures
24described in Article 10 of the Rules and Regulations to Govern
25the Administration and Operation of Special Education.
26    (e) No child who comes from a home in which a language

 

 

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1other than English is the principal language used may be
2assigned to any class or program under this Article until he
3has been given, in the principal language used by the child and
4used in his home, tests reasonably related to his cultural
5environment. All testing and evaluation materials and
6procedures utilized for evaluation and placement shall not be
7linguistically, racially or culturally discriminatory.
8    (f) Nothing in this Article shall be construed to require
9any child to undergo any physical examination or medical
10treatment whose parents object thereto on the grounds that such
11examination or treatment conflicts with his religious beliefs.
12    (g) School boards or their designee shall provide to the
13parents of a child prior written notice of any decision (a)
14proposing to initiate or change, or (b) refusing to initiate or
15change, the identification, evaluation, or educational
16placement of the child or the provision of a free appropriate
17public education to their child, and the reasons therefor. Such
18written notification shall also inform the parent of the
19opportunity to present complaints with respect to any matter
20relating to the educational placement of the student, or the
21provision of a free appropriate public education and to have an
22impartial due process hearing on the complaint. The notice
23shall inform the parents in the parents' native language,
24unless it is clearly not feasible to do so, of their rights and
25all procedures available pursuant to this Act and the federal
26Individuals with Disabilities Education Improvement Act of

 

 

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12004 (Public Law 108-446); it shall be the responsibility of
2the State Superintendent to develop uniform notices setting
3forth the procedures available under this Act and the federal
4Individuals with Disabilities Education Improvement Act of
52004 (Public Law 108-446) to be used by all school boards. The
6notice shall also inform the parents of the availability upon
7request of a list of free or low-cost legal and other relevant
8services available locally to assist parents in initiating an
9impartial due process hearing. Any parent who is deaf, or does
10not normally communicate using spoken English, who
11participates in a meeting with a representative of a local
12educational agency for the purposes of developing an
13individualized educational program shall be entitled to the
14services of an interpreter.
15    (g-5) For purposes of this subsection (g-5), "qualified
16professional" means an individual who holds credentials to
17evaluate the child in the domain or domains for which an
18evaluation is sought or an intern working under the direct
19supervision of a qualified professional, including a master's
20or doctoral degree candidate.
21    To ensure that a parent can participate fully and
22effectively with school personnel in the development of
23appropriate educational and related services for his or her
24child, the parent, an independent educational evaluator, or a
25qualified professional retained by or on behalf of a parent or
26child must be afforded reasonable access to educational

 

 

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1facilities, personnel, classrooms, and buildings and to the
2child as provided in this subsection (g-5). The requirements of
3this subsection (g-5) apply to any public school facility,
4building, or program and to any facility, building, or program
5supported in whole or in part by public funds. Prior to
6visiting a school, school building, or school facility, the
7parent, independent educational evaluator, or qualified
8professional may be required by the school district to inform
9the building principal or supervisor in writing of the proposed
10visit, the purpose of the visit, and the approximate duration
11of the visit. The visitor and the school district shall arrange
12the visit or visits at times that are mutually agreeable.
13Visitors shall comply with school safety, security, and
14visitation policies at all times. School district visitation
15policies must not conflict with this subsection (g-5). Visitors
16shall be required to comply with the requirements of applicable
17privacy laws, including those laws protecting the
18confidentiality of education records such as the federal Family
19Educational Rights and Privacy Act and the Illinois School
20Student Records Act. The visitor shall not disrupt the
21educational process.
22        (1) A parent must be afforded reasonable access of
23    sufficient duration and scope for the purpose of observing
24    his or her child in the child's current educational
25    placement, services, or program or for the purpose of
26    visiting an educational placement or program proposed for

 

 

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1    the child.
2        (2) An independent educational evaluator or a
3    qualified professional retained by or on behalf of a parent
4    or child must be afforded reasonable access of sufficient
5    duration and scope for the purpose of conducting an
6    evaluation of the child, the child's performance, the
7    child's current educational program, placement, services,
8    or environment, or any educational program, placement,
9    services, or environment proposed for the child, including
10    interviews of educational personnel, child observations,
11    assessments, tests or assessments of the child's
12    educational program, services, or placement or of any
13    proposed educational program, services, or placement. If
14    one or more interviews of school personnel are part of the
15    evaluation, the interviews must be conducted at a mutually
16    agreed upon time, date, and place that do not interfere
17    with the school employee's school duties. The school
18    district may limit interviews to personnel having
19    information relevant to the child's current educational
20    services, program, or placement or to a proposed
21    educational service, program, or placement.
22    (h) (Blank).
23    (i) (Blank).
24    (j) (Blank).
25    (k) (Blank).
26    (l) (Blank).

 

 

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1    (m) (Blank).
2    (n) (Blank).
3    (o) (Blank).
4(Source: P.A. 95-257, eff. 1-1-08; 95-876, eff. 8-21-08;
596-657, eff. 8-25-09.)