HB5332 98TH GENERAL ASSEMBLY

LRB098 17746 NHT 54608 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5332

Introduced , by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-2
105 ILCS 5/14-4.05 new
105 ILCS 5/14-8.01	from Ch. 122, par. 14-8.01

Amends the Children with Disabilities Article of the School Code. Provides that if a student's individualized educational program (IEP) calls for services in a general education classroom, the student must be served in a class that is composed of students of whom at least 70% are without IEPs, that utilizes the general curriculum, that is taught by an instructor certified for general education, and that is not designated as a general remedial classroom. Provides that, in the formation of special education classes, consideration shall be given to the age of the students, the nature and severity of their disabilities, the educational needs of the students, and the degree of intervention necessary, subject to specified maximum class size limitations. Provides that, notwithstanding these class size limitations, class size shall be limited according to the needs of the students for individualized instruction and services. Provides that the maximum class sizes shall, if necessary, be further restricted at the local level to account for the activities and services in which the affected educators participate. Removes language that requires the State Board of Education to include a class size limitation in its standards and rules. Makes a related change.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 14-2 and 14-8.01 and by adding Section 14-4.05 as follows:

(105 ILCS 5/14-2)

Sec. 14-2. Definition of general education classroom for special education students receiving services in the general education classroom.

(a) With respect to the provisions of Section 14-4.05 of this Code any State statute or administrative rule that define defines a general education classroom to be composed of a certain percentage of students with individualized education programs (IEPs), students with individualized education programs shall exclude students receiving only speech services outside of the general education classroom, provided that the instruction the students receive in the general education classroom does not require modification.

(b) In every instance, a school district must ensure that composition of the general education classroom does not interfere with the provision of a free and appropriate public education to any student.

(Source: P.A. 97-284, eff. 8-9-11.)

(105 ILCS 5/14-4.05 new)

Sec. 14-4.05. Class size.

(a) In this Section, "IEP" means an individualized educational program.

(b) If a student's IEP calls for services in a general education classroom, the student must be served in a class that is composed of students of whom at least 70% are without IEPs, that utilizes the general curriculum, that is taught by an instructor certified for general education, and that is not designated as a general remedial classroom. For purposes of this subsection (b), a student who receives speech services outside of the general education classroom and who does not require modifications to the content of the general education curriculum shall be included in the calculation of the percentage of students without IEPs as provided under Section 14-2 of this Code.

(c) In this subsection (c):

"Class" means any circumstance in which only students with IEPs are served and at least one special education teacher is assigned and provides instruction or therapy or both exclusively to students with IEPs.

"Class size" means the total number of students an educator serves during any special education class.

In the formation of special education classes, consideration shall be given to the age of the students, the nature and severity of their disabilities, the educational needs of the students, and the degree of intervention necessary, subject to the limitations of this subsection (c).

(1) Except as provided in paragraph (5) of this subsection (c), classes in which all of the students receive special education services for 20% of the school day or less shall have at least one qualified teacher for each 15 students in attendance during any given class. However, the district may increase the class size by a maximum of 2 students if a paraprofessional is provided for the entire class.

(2) Except as provided in paragraph (5) of this subsection (c), each class in which any student receives special education services for more than 20% of the school day, but no more than 60% of the school day, shall have at least one qualified teacher for each 10 students in attendance during that class. However, the district may increase the class size by a maximum of 5 students if a paraprofessional is provided for the entire class.

(3) Except as provided in paragraph (5) of this subsection (c), each class in which any student receives special education services for more than 60% of the school day shall have at least one qualified teacher for each 8 students in attendance during that class. However, the district may increase the class size by a maximum of 5 students if a paraprofessional is provided for the entire class.

(4) Each class for children ages 3 through 5 shall have at least one qualified teacher for each 5 students in attendance during that class. However, the district may increase the class size by a maximum of 5 students if a paraprofessional is provided for the entire class.

(5) For any school year in which the amount of State reimbursement for teachers identified in Section 14-13.01 of this Code exceeds the amount in effect on January 1, 2007 by at least 100% and no corresponding reduction has been made in other State sources of support for special education:

(A) the maximum class size stated in paragraph (1) of this subsection (c) shall be 13 rather than 15;

(B) the maximum class size stated in paragraph (2) of this subsection (c) shall be 8 rather than 10; and

(C) the maximum class size stated in paragraph (3) of this subsection (c) shall be 6 rather than 8.

(6) The provisions of paragraphs (1) through (5) of this subsection (c) notwithstanding, class size shall be limited according to the needs of the students for individualized instruction and services.

(d) The maximum class sizes set forth in subsection (c) of this Section shall, if necessary, be further restricted at the local level to account for the activities and services in which the affected educators participate in order to provide students with IEPs the free, appropriate, public education in the least restrictive environment to which they are entitled.

(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)

Sec. 14-8.01. Supervision of special education buildings and facilities. All special educational facilities, building programs, housing, and all educational programs for the types of disabled children defined in Section 14-1.02 shall be under the supervision of and subject to the approval of the State Board of Education.

All special education facilities, building programs, and housing shall comply with the building code authorized by Section 2-3.12.

All educational programs for children with disabilities as defined in Section 14-1.02 administered by any State agency shall be under the general supervision of the State Board of Education. Such supervision shall be limited to insuring that such educational programs meet standards jointly developed and agreed to by both the State Board of Education and the operating State agency, including standards for educational personnel.

Any State agency providing special educational programs for children with disabilities as defined in Section 14-1.02 shall promulgate rules and regulations, in consultation with the State Board of Education and pursuant to the Illinois Administrative Procedure Act as now or hereafter amended, to insure that all such programs comply with this Section and Section 14-8.02.

No otherwise qualified disabled child receiving special education and related services under Article 14 shall solely by reason of his or her disability be excluded from the participation in or be denied the benefits of or be subjected to discrimination under any program or activity provided by a State agency.

State agencies providing special education and related services, including room and board, either directly or through grants or purchases of services shall continue to provide these services according to current law and practice. Room and board costs not provided by a State agency other than the State Board of Education shall be provided by the State Board of Education to the extent of available funds. An amount equal to one-half of the State education agency's share of IDEA PART B federal monies, or so much thereof as may actually be needed, shall annually be appropriated to pay for the additional costs of providing for room and board for those children placed pursuant to Section 14-7.02 of this Code and, after all such room and board costs are paid, for similar expenditures for children served pursuant to Section 14-7.02 or 14-7.02b of this Code. Any such excess room and board funds must first be directed to those school districts with students costing in excess of 4 times the district's per capita tuition charge and then to community based programs that serve as alternatives to residential placements.

Beginning with Fiscal Year 1997 and continuing through Fiscal Year 2000, 100% of the former Chapter I, Section 89-313 federal funds shall be allocated by the State Board of Education in the same manner as IDEA, PART B "flow through" funding to local school districts, joint agreements, and special education cooperatives for the maintenance of instructional and related support services to students with disabilities. However, beginning with Fiscal Year 1998, the total IDEA Part B discretionary funds available to the State Board of Education shall not exceed the maximum permissible under federal law or 20% of the total federal funds available to the State, whichever is less. After all room and board payments and similar expenditures are made by the State Board of Education as required by this Section, the State Board of Education may use the remaining funds for administration and for providing discretionary activities. However, the State Board of Education may use no more than 25% of its available IDEA Part B discretionary funds for administrative services.

Special education and related services included in the child's individualized educational program which are not provided by another State agency shall be included in the special education and related services provided by the State Board of Education and the local school district.

The State Board of Education with the advice of the Advisory Council shall prescribe the standards and make the necessary rules and regulations for special education programs administered by local school boards, including but not limited to establishment of classes, training requirements of teachers and other professional personnel, eligibility and admission of pupils, the curriculum, class size limitation, building programs, housing, transportation, special equipment and instructional supplies, and the applications for claims for reimbursement. The State Board of Education shall promulgate rules and regulations for annual evaluations of the effectiveness of all special education programs and annual evaluation by the local school district of the individualized educational program for each child for whom it provides special education services.

A school district is responsible for the provision of educational services for all school age children residing within its boundaries excluding any student placed under the provisions of Section 14-7.02 or any disabled student whose parent or guardian lives outside of the State of Illinois as described in Section 14-1.11.

(Source: P.A. 93-1022, eff. 8-24-04; 94-69, eff. 7-1-05.)