Illinois General Assembly - Full Text of HB3679
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Full Text of HB3679  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Harry Benton


105 ILCS 5/14-8.02  from Ch. 122, par. 14-8.02

    Amends the Children With Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if during the initial development of the individualized education program is recognized that the student's needs are unlikely to change, the individualized education program shall continue without the need for the student's IEP team to meet until either the student or the parent requests a change in the student's individualized education program.

LRB103 30443 RJT 56875 b





HB3679LRB103 30443 RJT 56875 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
9    (a) 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
16English learners coming from homes in which a language other
17than English is used to determine their eligibility to receive
18special education. The placement of low English proficiency
19students in special education programs and facilities shall be
20made in accordance with the test results reflecting the
21student's linguistic, cultural and special education needs.
22For purposes of determining the eligibility of children the
23State Board of Education shall include in the rules



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1definitions 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
8"qualified bilingual specialists" and "linguistically and
9culturally appropriate individualized educational programs".
10For purposes of this Section, as well as Sections 14-8.02a,
1114-8.02b, and 14-8.02c of this Code, "parent" means a parent
12as defined in the federal Individuals with Disabilities
13Education Act (20 U.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 and, if the child is in the legal
21custody of the Department of Children and Family Services, the
22Department's Office of Education and Transition Services shall
23be given a copy of the multidisciplinary conference summary
24report and recommendations, which includes options considered,
25and, in the case of the parent, be informed of his or her right
26to obtain an independent educational evaluation if he or she



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



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



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1eligibility shall be made and the IEP meeting shall be
2completed within 60 school days from the date of written
3parental consent. In those instances when written parental
4consent is obtained with fewer than 60 pupil attendance days
5left in the school year, the eligibility determination shall
6be made and the IEP meeting shall be completed prior to the
7first day of the following school year. Special education and
8related services must be provided in accordance with the
9student's IEP no later than 10 school attendance days after
10notice is provided to the parents pursuant to Section 300.503
11of Title 34 of the Code of Federal Regulations and
12implementing rules adopted by the State Board of Education.
13The appropriate program pursuant to the individualized
14educational program of students whose native tongue is a
15language other than English shall reflect the special
16education, cultural and linguistic needs. No later than
17September 1, 1993, the State Board of Education shall
18establish standards for the development, implementation and
19monitoring of appropriate bilingual special individualized
20educational programs. The State Board of Education shall
21further incorporate appropriate monitoring procedures to
22verify implementation of these standards. The district shall
23indicate to the parent, the State Board of Education, and, if
24applicable, the Department's Office of Education and
25Transition Services the nature of the services the child will
26receive for the regular school term while awaiting placement



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1in the appropriate special education class. At the child's
2initial IEP meeting and at each annual review meeting, the
3child's IEP team shall provide the child's parent or guardian
4and, if applicable, the Department's Office of Education and
5Transition Services with a written notification that informs
6the parent or guardian or the Department's Office of Education
7and Transition Services that the IEP team is required to
8consider whether the child requires assistive technology in
9order to receive free, appropriate public education. The
10notification must also include a toll-free telephone number
11and internet address for the State's assistive technology
13    In the development of the individualized education program
14for a student, if during the initial development of the
15individualized education program is recognized that the
16student's needs are unlikely to change, the individualized
17education program shall continue without the need for the
18student's IEP team to meet until either the student or the
19parent requests a change in the student's individualized
20education program.
21    If the child is deaf, hard of hearing, blind, or visually
22impaired or has an orthopedic impairment or physical
23disability and he or she might be eligible to receive services
24from the Illinois School for the Deaf, the Illinois School for
25the Visually Impaired, or the Illinois Center for
26Rehabilitation and Education-Roosevelt, the school district



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



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



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



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1individualized education program for each student who is
2functionally blind shall specify the appropriate learning
3medium or media based on the assessment report.
4    (d) To the maximum extent appropriate, the placement shall
5provide the child with the opportunity to be educated with
6children who do not have a disability; provided that children
7with disabilities who are recommended to be placed into
8regular education classrooms are provided with supplementary
9services to assist the children with disabilities to benefit
10from the regular classroom instruction and are included on the
11teacher's regular education class register. Subject to the
12limitation of the preceding sentence, placement in special
13classes, separate schools or other removal of the child with a
14disability from the regular educational environment shall
15occur only when the nature of the severity of the disability is
16such that education in the regular classes with the use of
17supplementary aids and services cannot be achieved
18satisfactorily. The placement of English learners with
19disabilities shall be in non-restrictive environments which
20provide for integration with peers who do not have
21disabilities in bilingual classrooms. Annually, each January,
22school districts shall report data on students from
23non-English speaking backgrounds receiving special education
24and related services in public and private facilities as
25prescribed in Section 2-3.30. If there is a disagreement
26between parties involved regarding the special education



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1placement of any child, either in-state or out-of-state, the
2placement is subject to impartial due process procedures
3described in Article 10 of the Rules and Regulations to Govern
4the Administration and Operation of Special Education.
5    (e) No child who comes from a home in which a language
6other than English is the principal language used may be
7assigned to any class or program under this Article until he
8has been given, in the principal language used by the child and
9used in his home, tests reasonably related to his cultural
10environment. All testing and evaluation materials and
11procedures utilized for evaluation and placement shall not be
12linguistically, racially or culturally discriminatory.
13    (f) Nothing in this Article shall be construed to require
14any child to undergo any physical examination or medical
15treatment whose parents object thereto on the grounds that
16such examination or treatment conflicts with his religious
18    (g) School boards or their designee shall provide to the
19parents of a child or, if applicable, the Department of
20Children and Family Services' Office of Education and
21Transition Services prior written notice of any decision (a)
22proposing to initiate or change, or (b) refusing to initiate
23or change, the identification, evaluation, or educational
24placement of the child or the provision of a free appropriate
25public education to their child, and the reasons therefor. For
26a parent, such written notification shall also inform the



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1parent of the opportunity to present complaints with respect
2to any matter relating to the educational placement of the
3student, or the provision of a free appropriate public
4education and to have an impartial due process hearing on the
5complaint. The notice shall inform the parents in the parents'
6native language, unless it is clearly not feasible to do so, of
7their rights and all procedures available pursuant to this Act
8and the federal Individuals with Disabilities Education
9Improvement Act of 2004 (Public Law 108-446); it shall be the
10responsibility of the State Superintendent to develop uniform
11notices setting forth the procedures available under this Act
12and the federal Individuals with Disabilities Education
13Improvement Act of 2004 (Public Law 108-446) to be used by all
14school boards. The notice shall also inform the parents of the
15availability upon request of a list of free or low-cost legal
16and other relevant services available locally to assist
17parents in initiating an impartial due process hearing. The
18State Superintendent shall revise the uniform notices required
19by this subsection (g) to reflect current law and procedures
20at least once every 2 years. Any parent who is deaf or does not
21normally communicate using spoken English and who participates
22in a meeting with a representative of a local educational
23agency for the purposes of developing an individualized
24educational program or attends a multidisciplinary conference
25shall be entitled to the services of an interpreter. The State
26Board of Education must adopt rules to establish the criteria,



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1standards, and competencies for a bilingual language
2interpreter who attends an individualized education program
3meeting under this subsection to assist a parent who has
4limited English proficiency.
5    (g-5) For purposes of this subsection (g-5), "qualified
6professional" means an individual who holds credentials to
7evaluate the child in the domain or domains for which an
8evaluation is sought or an intern working under the direct
9supervision of a qualified professional, including a master's
10or doctoral degree candidate.
11    To ensure that a parent can participate fully and
12effectively with school personnel in the development of
13appropriate educational and related services for his or her
14child, the parent, an independent educational evaluator, or a
15qualified professional retained by or on behalf of a parent or
16child must be afforded reasonable access to educational
17facilities, personnel, classrooms, and buildings and to the
18child as provided in this subsection (g-5). The requirements
19of this subsection (g-5) apply to any public school facility,
20building, or program and to any facility, building, or program
21supported in whole or in part by public funds. Prior to
22visiting a school, school building, or school facility, the
23parent, independent educational evaluator, or qualified
24professional may be required by the school district to inform
25the building principal or supervisor in writing of the
26proposed visit, the purpose of the visit, and the approximate



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



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1    child observations, assessments, tests or assessments of
2    the child's educational program, services, or placement or
3    of any proposed educational program, services, or
4    placement. If one or more interviews of school personnel
5    are part of the evaluation, the interviews must be
6    conducted at a mutually agreed upon time, date, and place
7    that do not interfere with the school employee's school
8    duties. The school district may limit interviews to
9    personnel having information relevant to the child's
10    current educational services, program, or placement or to
11    a proposed educational service, program, or placement.
12(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
13102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
145-13-22; 102-1072, eff. 6-10-22.)