Full Text of HB0628 96th General Assembly
HB0628sam001 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 5/14/2009
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| AMENDMENT TO HOUSE BILL 628
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| AMENDMENT NO. ______. Amend House Bill 628 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 14-8.02 as follows:
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| (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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| Sec. 14-8.02. Identification, Evaluation and Placement of | 8 |
| Children.
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| (a) The State Board of Education shall make rules under | 10 |
| which local school
boards shall determine the eligibility of | 11 |
| children to receive special
education. Such rules shall ensure | 12 |
| that a free appropriate public
education be available to all | 13 |
| children with disabilities as
defined in
Section 14-1.02. The | 14 |
| State Board of Education shall require local school
districts | 15 |
| to administer non-discriminatory procedures or tests to
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| limited English proficiency students coming from homes in which |
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| a language
other than English is used to determine their | 2 |
| eligibility to receive special
education. The placement of low | 3 |
| English proficiency students in special
education programs and | 4 |
| facilities shall be made in accordance with the test
results | 5 |
| reflecting the student's linguistic, cultural and special | 6 |
| education
needs. For purposes of determining the eligibility of | 7 |
| children the State
Board of Education shall include in the | 8 |
| rules definitions of "case study",
"staff conference", | 9 |
| "individualized educational program", and "qualified
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| specialist" appropriate to each category of children with
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| disabilities as defined in
this Article. For purposes of | 12 |
| determining the eligibility of children from
homes in which a | 13 |
| language other than English is used, the State Board of
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| Education shall include in the rules
definitions for "qualified | 15 |
| bilingual specialists" and "linguistically and
culturally | 16 |
| appropriate individualized educational programs". For purposes | 17 |
| of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | 18 |
| 14-8.02c of this Code,
"parent" means a parent as defined in | 19 |
| the federal Individuals with Disabilities Education Act (20 | 20 |
| U.S.C. 1401(23)).
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| (b) No child shall be eligible for special education | 22 |
| facilities except
with a carefully completed case study fully | 23 |
| reviewed by professional
personnel in a multidisciplinary | 24 |
| staff conference and only upon the
recommendation of qualified | 25 |
| specialists or a qualified bilingual specialist, if
available. | 26 |
| At the conclusion of the multidisciplinary staff conference, |
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| the
parent of the child shall be given a copy of the | 2 |
| multidisciplinary
conference summary report and | 3 |
| recommendations, which includes options
considered, and be | 4 |
| informed of their right to obtain an independent educational
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| evaluation if they disagree with the evaluation findings | 6 |
| conducted or obtained
by the school district. If the school | 7 |
| district's evaluation is shown to be
inappropriate, the school | 8 |
| district shall reimburse the parent for the cost of
the | 9 |
| independent evaluation. The State Board of Education shall, | 10 |
| with advice
from the State Advisory Council on Education of | 11 |
| Children with
Disabilities on the
inclusion of specific | 12 |
| independent educational evaluators, prepare a list of
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| suggested independent educational evaluators. The State Board | 14 |
| of Education
shall include on the list clinical psychologists | 15 |
| licensed pursuant to the
Clinical Psychologist Licensing Act. | 16 |
| Such psychologists shall not be paid fees
in excess of the | 17 |
| amount that would be received by a school psychologist for
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| performing the same services. The State Board of Education | 19 |
| shall supply school
districts with such list and make the list | 20 |
| available to parents at their
request. School districts shall | 21 |
| make the list available to parents at the time
they are | 22 |
| informed of their right to obtain an independent educational
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| evaluation. However, the school district may initiate an | 24 |
| impartial
due process hearing under this Section within 5 days | 25 |
| of any written parent
request for an independent educational | 26 |
| evaluation to show that
its evaluation is appropriate. If the |
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| final decision is that the evaluation
is appropriate, the | 2 |
| parent still has a right to an independent educational
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| evaluation, but not at public expense. An independent | 4 |
| educational
evaluation at public expense must be completed | 5 |
| within 30 days of a parent
written request unless the school | 6 |
| district initiates an
impartial due process hearing or the | 7 |
| parent or school district
offers reasonable grounds to show | 8 |
| that such 30 day time period should be
extended. If the due | 9 |
| process hearing decision indicates that the parent is entitled | 10 |
| to an independent educational evaluation, it must be
completed | 11 |
| within 30 days of the decision unless the parent or
the school | 12 |
| district offers reasonable grounds to show that such 30 day
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| period should be extended. If a parent disagrees with the | 14 |
| summary report or
recommendations of the multidisciplinary | 15 |
| conference or the findings of any
educational evaluation which | 16 |
| results therefrom, the school
district shall not proceed with a | 17 |
| placement based upon such evaluation and
the child shall remain | 18 |
| in his or her regular classroom setting.
No child shall be | 19 |
| eligible for admission to a
special class for the educable | 20 |
| mentally disabled or for the
trainable
mentally disabled except | 21 |
| with a psychological evaluation
and
recommendation by a school | 22 |
| psychologist. Consent shall be obtained from
the parent of a | 23 |
| child before any evaluation is conducted.
If consent is not | 24 |
| given by the parent or if the parent disagrees with the | 25 |
| findings of the evaluation, then the school
district may | 26 |
| initiate an impartial due process hearing under this Section.
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| The school district may evaluate the child if that is the | 2 |
| decision
resulting from the impartial due process hearing and | 3 |
| the decision is not
appealed or if the decision is affirmed on | 4 |
| appeal.
The determination of eligibility shall be made and the | 5 |
| IEP meeting shall be completed within 60 school days
from the | 6 |
| date of written parental consent. In those instances when | 7 |
| written parental consent is obtained with fewer than 60 pupil | 8 |
| attendance days left in the school year,
the eligibility | 9 |
| determination shall be made and the IEP meeting shall be | 10 |
| completed prior to the first day of the
following school year. | 11 |
| After a child has been determined to be eligible for a
special | 12 |
| education class, such child must be placed in the appropriate
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| program pursuant to the individualized educational program by | 14 |
| or no
later than the beginning of the next school semester. The | 15 |
| appropriate
program pursuant to the individualized educational | 16 |
| program of students
whose native tongue is a language other | 17 |
| than English shall reflect the
special education, cultural and | 18 |
| linguistic needs. No later than September
1, 1993, the State | 19 |
| Board of Education shall establish standards for the
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| development, implementation and monitoring of appropriate | 21 |
| bilingual special
individualized educational programs. The | 22 |
| State Board of Education shall
further incorporate appropriate | 23 |
| monitoring procedures to verify implementation
of these | 24 |
| standards. The district shall indicate to the parent and
the | 25 |
| State Board of Education the nature of the services the child | 26 |
| will receive
for the regular school term while waiting |
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| placement in the appropriate special
education class.
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| If the child is deaf, hard of hearing, blind, or visually | 3 |
| impaired and
he or she might be eligible to receive services | 4 |
| from the Illinois School for
the Deaf or the Illinois School | 5 |
| for the Visually Impaired, the school
district shall notify the | 6 |
| parents, in writing, of the existence of
these schools
and the | 7 |
| services
they provide and shall make a reasonable effort to | 8 |
| inform the parents of the existence of other, local schools | 9 |
| that provide similar services and the services that these other | 10 |
| schools provide. This notification
shall
include without | 11 |
| limitation information on school services, school
admissions | 12 |
| criteria, and school contact information.
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| In the development of the individualized education program | 14 |
| for a student who has a disability on the autism spectrum | 15 |
| (which includes autistic disorder, Asperger's disorder, | 16 |
| pervasive developmental disorder not otherwise specified, | 17 |
| childhood disintegrative disorder, and Rett Syndrome, as | 18 |
| defined in the Diagnostic and Statistical Manual of Mental | 19 |
| Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 20 |
| consider all of the following factors: | 21 |
| (1) The verbal and nonverbal communication needs of the | 22 |
| child. | 23 |
| (2) The need to develop social interaction skills and | 24 |
| proficiencies. | 25 |
| (3) The needs resulting from the child's unusual | 26 |
| responses to sensory experiences. |
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| (4) The needs resulting from resistance to | 2 |
| environmental change or change in daily routines. | 3 |
| (5) The needs resulting from engagement in repetitive | 4 |
| activities and stereotyped movements. | 5 |
| (6) The need for any positive behavioral | 6 |
| interventions, strategies, and supports to address any | 7 |
| behavioral difficulties resulting from autism spectrum | 8 |
| disorder. | 9 |
| (7) Other needs resulting from the child's disability | 10 |
| that impact progress in the general curriculum, including | 11 |
| social and emotional development. | 12 |
| Public Act 95-257
does not create any new entitlement to a | 13 |
| service, program, or benefit, but must not affect any | 14 |
| entitlement to a service, program, or benefit created by any | 15 |
| other law.
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| If the student may be eligible to participate in the | 17 |
| Home-Based Support
Services Program for Mentally Disabled | 18 |
| Adults authorized under the
Developmental Disability and | 19 |
| Mental Disability Services Act upon becoming an
adult, the | 20 |
| student's individualized education program shall include plans | 21 |
| for
(i) determining the student's eligibility for those | 22 |
| home-based services, (ii)
enrolling the student in the program | 23 |
| of home-based services, and (iii)
developing a plan for the | 24 |
| student's most effective use of the home-based
services after | 25 |
| the student becomes an adult and no longer receives special
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| educational services under this Article. The plans developed |
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| under this
paragraph shall include specific actions to be taken | 2 |
| by specified individuals,
agencies, or officials.
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| (c) In the development of the individualized education | 4 |
| program for a
student who is functionally blind, it shall be | 5 |
| presumed that proficiency in
Braille reading and writing is | 6 |
| essential for the student's satisfactory
educational progress. | 7 |
| For purposes of this subsection, the State Board of
Education | 8 |
| shall determine the criteria for a student to be classified as
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| functionally blind. Students who are not currently identified | 10 |
| as
functionally blind who are also entitled to Braille | 11 |
| instruction include:
(i) those whose vision loss is so severe | 12 |
| that they are unable to read and
write at a level comparable to | 13 |
| their peers solely through the use of
vision, and (ii) those | 14 |
| who show evidence of progressive vision loss that
may result in | 15 |
| functional blindness. Each student who is functionally blind
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| shall be entitled to Braille reading and writing instruction | 17 |
| that is
sufficient to enable the student to communicate with | 18 |
| the same level of
proficiency as other students of comparable | 19 |
| ability. Instruction should be
provided to the extent that the | 20 |
| student is physically and cognitively able
to use Braille. | 21 |
| Braille instruction may be used in combination with other
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| special education services appropriate to the student's | 23 |
| educational needs.
The assessment of each student who is | 24 |
| functionally blind for the purpose of
developing the student's | 25 |
| individualized education program shall include
documentation | 26 |
| of the student's strengths and weaknesses in Braille skills.
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| Each person assisting in the development of the individualized | 2 |
| education
program for a student who is functionally blind shall | 3 |
| receive information
describing the benefits of Braille | 4 |
| instruction. The individualized
education program for each | 5 |
| student who is functionally blind shall
specify the appropriate | 6 |
| learning medium or media based on the assessment
report.
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| (d) To the maximum extent appropriate, the placement shall | 8 |
| provide the
child with the opportunity to be educated with | 9 |
| children who are not
disabled; provided that children with
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| disabilities who are recommended to be
placed into regular | 11 |
| education classrooms are provided with supplementary
services | 12 |
| to assist the children with disabilities to benefit
from the | 13 |
| regular
classroom instruction and are included on the teacher's | 14 |
| regular education class
register. Subject to the limitation of | 15 |
| the preceding sentence, placement in
special classes, separate | 16 |
| schools or other removal of the disabled child
from the regular | 17 |
| educational environment shall occur only when the nature of
the | 18 |
| severity of the disability is such that education in the
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| regular classes with
the use of supplementary aids and services | 20 |
| cannot be achieved satisfactorily.
The placement of limited | 21 |
| English proficiency students with disabilities shall
be in | 22 |
| non-restrictive environments which provide for integration | 23 |
| with
non-disabled peers in bilingual classrooms. Annually, | 24 |
| each January, school districts shall report data on students | 25 |
| from non-English
speaking backgrounds receiving special | 26 |
| education and related services in
public and private facilities |
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| as prescribed in Section 2-3.30. If there
is a disagreement | 2 |
| between parties involved regarding the special education
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| placement of any child, either in-state or out-of-state, the | 4 |
| placement is
subject to impartial due process procedures | 5 |
| described in Article 10 of the
Rules and Regulations to Govern | 6 |
| the Administration and Operation of Special
Education.
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| (e) No child who comes from a home in which a language | 8 |
| other than English
is the principal language used may be | 9 |
| assigned to any class or program
under this Article until he | 10 |
| has been given, in the principal language
used by the child and | 11 |
| used in his home, tests reasonably related to his
cultural | 12 |
| environment. All testing and evaluation materials and | 13 |
| procedures
utilized for evaluation and placement shall not be | 14 |
| linguistically, racially or
culturally discriminatory.
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| (f) Nothing in this Article shall be construed to require | 16 |
| any child to
undergo any physical examination or medical | 17 |
| treatment whose parents object thereto on the grounds that such | 18 |
| examination or
treatment conflicts with his religious beliefs.
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| (g) School boards or their designee shall provide to the | 20 |
| parents of a child prior written notice of any decision (a) | 21 |
| proposing
to initiate or change, or (b) refusing to initiate or | 22 |
| change, the
identification, evaluation, or educational | 23 |
| placement of the child or the
provision of a free appropriate | 24 |
| public education to their child, and the
reasons therefor. Such | 25 |
| written notification shall also inform the
parent of the | 26 |
| opportunity to present complaints with respect
to any matter |
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| relating to the educational placement of the student, or
the | 2 |
| provision of a free appropriate public education and to have an
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| impartial due process hearing on the complaint. The notice | 4 |
| shall inform
the parents in the parents' native language,
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| unless it is clearly not feasible to do so, of their rights and | 6 |
| all
procedures available pursuant to this Act and the federal | 7 |
| Individuals with Disabilities Education Improvement Act of | 8 |
| 2004 (Public Law 108-446); it
shall be the responsibility of | 9 |
| the State Superintendent to develop
uniform notices setting | 10 |
| forth the procedures available under this Act
and the federal | 11 |
| Individuals with Disabilities Education Improvement Act of | 12 |
| 2004 (Public Law 108-446) to be used by all school boards. The | 13 |
| notice
shall also inform the parents of the availability upon
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| request of a list of free or low-cost legal and other relevant | 15 |
| services
available locally to assist parents in initiating an
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| impartial due process hearing. Any parent who is deaf, or
does | 17 |
| not normally communicate using spoken English, who | 18 |
| participates in
a meeting with a representative of a local | 19 |
| educational agency for the
purposes of developing an | 20 |
| individualized educational program shall be
entitled to the | 21 |
| services of an interpreter.
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| (g-5) For purposes of this subsection (g-5), "qualified | 23 |
| professional" means an individual who holds credentials to | 24 |
| evaluate the child in the domain or domains for which an | 25 |
| evaluation is sought or an intern working under the direct | 26 |
| supervision of a qualified professional, including a master's |
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| or doctoral degree candidate. | 2 |
| To ensure that a parent can participate fully and | 3 |
| effectively with school personnel in the development of | 4 |
| appropriate educational and related services for his or her | 5 |
| child, the parent, an independent educational evaluator, or a | 6 |
| qualified professional retained by or on behalf of a parent or | 7 |
| child must be afforded reasonable access to educational | 8 |
| facilities, personnel, classrooms, and buildings and to the | 9 |
| child as provided in this subsection (g-5). The requirements of | 10 |
| this subsection (g-5) apply to any public school facility, | 11 |
| building, or program and to any facility, building, or program | 12 |
| supported in whole or in part by public funds. Prior to | 13 |
| visiting a school, school building, or school facility, the | 14 |
| parent, independent educational evaluator, or qualified | 15 |
| professional may be required by the school district to inform | 16 |
| the building principal or supervisor in writing of the proposed | 17 |
| visit, the purpose of the visit, and the approximate duration | 18 |
| of the visit. The visitor and the school district shall arrange | 19 |
| the visit or visits at times that are mutually agreeable. | 20 |
| Visitors shall comply with school safety and security policies | 21 |
| at all times. Visitors shall be required to comply with the | 22 |
| requirements of applicable privacy laws, including those laws | 23 |
| protecting the confidentiality of education records such as the | 24 |
| federal Family Educational Rights and Privacy Act and the | 25 |
| Illinois School Student Records Act. The visitor shall not | 26 |
| disrupt the educational process. |
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| (1) A parent must be afforded reasonable access of | 2 |
| sufficient duration and scope for the purpose of observing | 3 |
| his or her child in the child's current educational | 4 |
| placement, services, or program or for the purpose of | 5 |
| visiting an educational placement or program proposed for | 6 |
| the child. | 7 |
| (2) An independent educational evaluator or a | 8 |
| qualified professional retained by or on behalf of a parent | 9 |
| or child must be afforded reasonable access of sufficient | 10 |
| duration and scope for the purpose of conducting an | 11 |
| evaluation of the child, the child's performance, the | 12 |
| child's current educational program, placement, services, | 13 |
| or environment, or any educational program, placement, | 14 |
| services, or environment proposed for the child, including | 15 |
| interviews of educational personnel, child observations, | 16 |
| assessments, tests or assessments of the child's | 17 |
| educational program, services, or placement or of any | 18 |
| proposed educational program, services, or placement. If | 19 |
| one or more interviews of school personnel are part of the | 20 |
| evaluation, the interviews must be conducted at a mutually | 21 |
| agreed upon time and place. The school district may limit | 22 |
| interviews to personnel having information relevant to the | 23 |
| child's current educational services, program, or | 24 |
| placement or to a proposed educational service, program, or | 25 |
| placement. | 26 |
| (h) (Blank).
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| (i) (Blank).
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| (j) (Blank).
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| (k) (Blank).
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| (l) (Blank).
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| (m) (Blank).
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| (n) (Blank).
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| (o) (Blank).
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| (Source: P.A. 94-376, eff. 7-29-05; 94-1100, eff. 2-2-07; | 9 |
| 95-257, eff. 1-1-08; 95-876, eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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