Full Text of SB0454 100th General Assembly
SB0454ham003 100TH GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 5/23/2018
| | 10000SB0454ham003 | | LRB100 04896 AXK 40687 a |
|
| 1 | | AMENDMENT TO SENATE BILL 454
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 454 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 14-8.02 and adding Section 14-8.02f 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 | 8 | | children.
| 9 | | (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
| 16 | | English learners coming from homes in which a language
other |
| | | 10000SB0454ham003 | - 2 - | LRB100 04896 AXK 40687 a |
|
| 1 | | than English is used to determine their eligibility to receive | 2 | | special
education. The placement of low English proficiency | 3 | | students in special
education programs and facilities shall be | 4 | | made in accordance with the test
results reflecting the | 5 | | student's linguistic, cultural and special education
needs. | 6 | | For purposes of determining the eligibility of children the | 7 | | State
Board of Education shall include in the rules definitions | 8 | | of "case study",
"staff conference", "individualized | 9 | | educational program", and "qualified
specialist" appropriate | 10 | | to each category of children with
disabilities as defined in
| 11 | | this Article. For purposes of determining the eligibility of | 12 | | children from
homes in which a language other than English is | 13 | | used, the State Board of
Education shall include in the rules
| 14 | | definitions for "qualified bilingual specialists" and | 15 | | "linguistically and
culturally appropriate individualized | 16 | | educational programs". For purposes of this
Section, as well as | 17 | | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
| 18 | | "parent" means a parent as defined in the federal Individuals | 19 | | with Disabilities Education Act (20 U.S.C. 1401(23)).
| 20 | | (b) No child shall be eligible for special education | 21 | | facilities except
with a carefully completed case study fully | 22 | | reviewed by professional
personnel in a multidisciplinary | 23 | | staff conference and only upon the
recommendation of qualified | 24 | | specialists or a qualified bilingual specialist, if
available. | 25 | | At the conclusion of the multidisciplinary staff conference, | 26 | | the
parent of the child shall be given a copy of the |
| | | 10000SB0454ham003 | - 3 - | LRB100 04896 AXK 40687 a |
|
| 1 | | multidisciplinary
conference summary report and | 2 | | recommendations, which includes options
considered, and be | 3 | | informed of their right to obtain an independent educational
| 4 | | evaluation if they disagree with the evaluation findings | 5 | | conducted or obtained
by the school district. If the school | 6 | | district's evaluation is shown to be
inappropriate, the school | 7 | | district shall reimburse the parent for the cost of
the | 8 | | independent evaluation. The State Board of Education shall, | 9 | | with advice
from the State Advisory Council on Education of | 10 | | Children with
Disabilities on the
inclusion of specific | 11 | | independent educational evaluators, prepare a list of
| 12 | | suggested independent educational evaluators. The State Board | 13 | | of Education
shall include on the list clinical psychologists | 14 | | licensed pursuant to the
Clinical Psychologist Licensing Act. | 15 | | Such psychologists shall not be paid fees
in excess of the | 16 | | amount that would be received by a school psychologist for
| 17 | | performing the same services. The State Board of Education | 18 | | shall supply school
districts with such list and make the list | 19 | | available to parents at their
request. School districts shall | 20 | | make the list available to parents at the time
they are | 21 | | informed of their right to obtain an independent educational
| 22 | | evaluation. However, the school district may initiate an | 23 | | impartial
due process hearing under this Section within 5 days | 24 | | of any written parent
request for an independent educational | 25 | | evaluation to show that
its evaluation is appropriate. If the | 26 | | final decision is that the evaluation
is appropriate, the |
| | | 10000SB0454ham003 | - 4 - | LRB100 04896 AXK 40687 a |
|
| 1 | | parent still has a right to an independent educational
| 2 | | evaluation, but not at public expense. An independent | 3 | | educational
evaluation at public expense must be completed | 4 | | within 30 days of a parent
written request unless the school | 5 | | district initiates an
impartial due process hearing or the | 6 | | parent or school district
offers reasonable grounds to show | 7 | | that such 30 day time period should be
extended. If the due | 8 | | process hearing decision indicates that the parent is entitled | 9 | | to an independent educational evaluation, it must be
completed | 10 | | within 30 days of the decision unless the parent or
the school | 11 | | district offers reasonable grounds to show that such 30 day
| 12 | | period should be extended. If a parent disagrees with the | 13 | | summary report or
recommendations of the multidisciplinary | 14 | | conference or the findings of any
educational evaluation which | 15 | | results therefrom, the school
district shall not proceed with a | 16 | | placement based upon such evaluation and
the child shall remain | 17 | | in his or her regular classroom setting.
No child shall be | 18 | | eligible for admission to a
special class for children with a | 19 | | mental disability who are educable or for children with a | 20 | | mental disability who are trainable except with a psychological | 21 | | evaluation
and
recommendation by a school psychologist. | 22 | | Consent shall be obtained from
the parent of a child before any | 23 | | evaluation is conducted.
If consent is not given by the parent | 24 | | or if the parent disagrees with the findings of the evaluation, | 25 | | then the school
district may initiate an impartial due process | 26 | | hearing under this Section.
The school district may evaluate |
| | | 10000SB0454ham003 | - 5 - | LRB100 04896 AXK 40687 a |
|
| 1 | | the child if that is the decision
resulting from the impartial | 2 | | due process hearing and the decision is not
appealed or if the | 3 | | decision is affirmed on appeal.
The determination of | 4 | | eligibility shall be made and the IEP meeting shall be | 5 | | completed within 60 school days
from the date of written | 6 | | parental consent. In those instances when written parental | 7 | | consent is obtained with fewer than 60 pupil attendance days | 8 | | left in the school year,
the eligibility determination shall be | 9 | | made and the IEP meeting shall be completed prior to the first | 10 | | day of the
following school year. Special education and related | 11 | | services must be provided in accordance with the student's IEP | 12 | | no later than 10 school attendance days after notice is | 13 | | provided to the parents pursuant to Section 300.503 of Title 34 | 14 | | of the Code of Federal Regulations and implementing rules | 15 | | adopted by the State Board of Education. The appropriate
| 16 | | program pursuant to the individualized educational program of | 17 | | students
whose native tongue is a language other than English | 18 | | shall reflect the
special education, cultural and linguistic | 19 | | needs. No later than September
1, 1993, the State Board of | 20 | | Education shall establish standards for the
development, | 21 | | implementation and monitoring of appropriate bilingual special
| 22 | | individualized educational programs. The State Board of | 23 | | Education shall
further incorporate appropriate monitoring | 24 | | procedures to verify implementation
of these standards. The | 25 | | district shall indicate to the parent and
the State Board of | 26 | | Education the nature of the services the child will receive
for |
| | | 10000SB0454ham003 | - 6 - | LRB100 04896 AXK 40687 a |
|
| 1 | | the regular school term while waiting placement in the | 2 | | appropriate special
education class. At the child's initial IEP | 3 | | meeting and at each annual review meeting, the child's IEP team | 4 | | shall provide the child's parent or guardian with a written | 5 | | notification that informs the parent or guardian that the IEP | 6 | | team is required to consider whether the child requires | 7 | | assistive technology in order to receive free, appropriate | 8 | | public education. The notification must also include a toll | 9 | | free telephone number and internet address for the State's | 10 | | assistive technology program.
| 11 | | If the child is deaf, hard of hearing, blind, or visually | 12 | | impaired and
he or she might be eligible to receive services | 13 | | from the Illinois School for
the Deaf or the Illinois School | 14 | | for the Visually Impaired, the school
district shall notify the | 15 | | parents, in writing, of the existence of
these schools
and the | 16 | | services
they provide and shall make a reasonable effort to | 17 | | inform the parents of the existence of other, local schools | 18 | | that provide similar services and the services that these other | 19 | | schools provide. This notification
shall
include without | 20 | | limitation information on school services, school
admissions | 21 | | criteria, and school contact information.
| 22 | | In the development of the individualized education program | 23 | | for a student who has a disability on the autism spectrum | 24 | | (which includes autistic disorder, Asperger's disorder, | 25 | | pervasive developmental disorder not otherwise specified, | 26 | | childhood disintegrative disorder, and Rett Syndrome, as |
| | | 10000SB0454ham003 | - 7 - | LRB100 04896 AXK 40687 a |
|
| 1 | | defined in the Diagnostic and Statistical Manual of Mental | 2 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 3 | | consider all of the following factors: | 4 | | (1) The verbal and nonverbal communication needs of the | 5 | | child. | 6 | | (2) The need to develop social interaction skills and | 7 | | proficiencies. | 8 | | (3) The needs resulting from the child's unusual | 9 | | responses to sensory experiences. | 10 | | (4) The needs resulting from resistance to | 11 | | environmental change or change in daily routines. | 12 | | (5) The needs resulting from engagement in repetitive | 13 | | activities and stereotyped movements. | 14 | | (6) The need for any positive behavioral | 15 | | interventions, strategies, and supports to address any | 16 | | behavioral difficulties resulting from autism spectrum | 17 | | disorder. | 18 | | (7) Other needs resulting from the child's disability | 19 | | that impact progress in the general curriculum, including | 20 | | social and emotional development. | 21 | | Public Act 95-257
does not create any new entitlement to a | 22 | | service, program, or benefit, but must not affect any | 23 | | entitlement to a service, program, or benefit created by any | 24 | | other law.
| 25 | | If the student may be eligible to participate in the | 26 | | Home-Based Support
Services Program for Adults with Mental |
| | | 10000SB0454ham003 | - 8 - | LRB100 04896 AXK 40687 a |
|
| 1 | | Disabilities authorized under the
Developmental Disability and | 2 | | Mental Disability Services Act upon becoming an
adult, the | 3 | | student's individualized education program shall include plans | 4 | | for
(i) determining the student's eligibility for those | 5 | | home-based services, (ii)
enrolling the student in the program | 6 | | of home-based services, and (iii)
developing a plan for the | 7 | | student's most effective use of the home-based
services after | 8 | | the student becomes an adult and no longer receives special
| 9 | | educational services under this Article. The plans developed | 10 | | under this
paragraph shall include specific actions to be taken | 11 | | by specified individuals,
agencies, or officials.
| 12 | | (c) In the development of the individualized education | 13 | | program for a
student who is functionally blind, it shall be | 14 | | presumed that proficiency in
Braille reading and writing is | 15 | | essential for the student's satisfactory
educational progress. | 16 | | For purposes of this subsection, the State Board of
Education | 17 | | shall determine the criteria for a student to be classified as
| 18 | | functionally blind. Students who are not currently identified | 19 | | as
functionally blind who are also entitled to Braille | 20 | | instruction include:
(i) those whose vision loss is so severe | 21 | | that they are unable to read and
write at a level comparable to | 22 | | their peers solely through the use of
vision, and (ii) those | 23 | | who show evidence of progressive vision loss that
may result in | 24 | | functional blindness. Each student who is functionally blind
| 25 | | shall be entitled to Braille reading and writing instruction | 26 | | that is
sufficient to enable the student to communicate with |
| | | 10000SB0454ham003 | - 9 - | LRB100 04896 AXK 40687 a |
|
| 1 | | the same level of
proficiency as other students of comparable | 2 | | ability. Instruction should be
provided to the extent that the | 3 | | student is physically and cognitively able
to use Braille. | 4 | | Braille instruction may be used in combination with other
| 5 | | special education services appropriate to the student's | 6 | | educational needs.
The assessment of each student who is | 7 | | functionally blind for the purpose of
developing the student's | 8 | | individualized education program shall include
documentation | 9 | | of the student's strengths and weaknesses in Braille skills.
| 10 | | Each person assisting in the development of the individualized | 11 | | education
program for a student who is functionally blind shall | 12 | | receive information
describing the benefits of Braille | 13 | | instruction. The individualized
education program for each | 14 | | student who is functionally blind shall
specify the appropriate | 15 | | learning medium or media based on the assessment
report.
| 16 | | (d) To the maximum extent appropriate, the placement shall | 17 | | provide the
child with the opportunity to be educated with | 18 | | children who do not have a disability; provided that children | 19 | | with
disabilities who are recommended to be
placed into regular | 20 | | education classrooms are provided with supplementary
services | 21 | | to assist the children with disabilities to benefit
from the | 22 | | regular
classroom instruction and are included on the teacher's | 23 | | regular education class
register. Subject to the limitation of | 24 | | the preceding sentence, placement in
special classes, separate | 25 | | schools or other removal of the child with a disability
from | 26 | | the regular educational environment shall occur only when the |
| | | 10000SB0454ham003 | - 10 - | LRB100 04896 AXK 40687 a |
|
| 1 | | nature of
the severity of the disability is such that education | 2 | | in the
regular classes with
the use of supplementary aids and | 3 | | services cannot be achieved satisfactorily.
The placement of | 4 | | English learners with disabilities shall
be in non-restrictive | 5 | | environments which provide for integration with
peers who do | 6 | | not have disabilities in bilingual classrooms. Annually, each | 7 | | January, school districts shall report data on students from | 8 | | non-English
speaking backgrounds receiving special education | 9 | | and related services in
public and private facilities as | 10 | | prescribed in Section 2-3.30. If there
is a disagreement | 11 | | between parties involved regarding the special education
| 12 | | placement of any child, either in-state or out-of-state, the | 13 | | placement is
subject to impartial due process procedures | 14 | | described in Article 10 of the
Rules and Regulations to Govern | 15 | | the Administration and Operation of Special
Education.
| 16 | | (e) No child who comes from a home in which a language | 17 | | other than English
is the principal language used may be | 18 | | assigned to any class or program
under this Article until he | 19 | | has been given, in the principal language
used by the child and | 20 | | used in his home, tests reasonably related to his
cultural | 21 | | environment. All testing and evaluation materials and | 22 | | procedures
utilized for evaluation and placement shall not be | 23 | | linguistically, racially or
culturally discriminatory.
| 24 | | (f) Nothing in this Article shall be construed to require | 25 | | any child to
undergo any physical examination or medical | 26 | | treatment whose parents object thereto on the grounds that such |
| | | 10000SB0454ham003 | - 11 - | LRB100 04896 AXK 40687 a |
|
| 1 | | examination or
treatment conflicts with his religious beliefs.
| 2 | | (g) School boards or their designee shall provide to the | 3 | | parents of a child prior written notice of any decision (a) | 4 | | proposing
to initiate or change, or (b) refusing to initiate or | 5 | | change, the
identification, evaluation, or educational | 6 | | placement of the child or the
provision of a free appropriate | 7 | | public education to their child, and the
reasons therefor. Such | 8 | | written notification shall also inform the
parent of the | 9 | | opportunity to present complaints with respect
to any matter | 10 | | relating to the educational placement of the student, or
the | 11 | | provision of a free appropriate public education and to have an
| 12 | | impartial due process hearing on the complaint. The notice | 13 | | shall inform
the parents in the parents' native language,
| 14 | | unless it is clearly not feasible to do so, of their rights and | 15 | | all
procedures available pursuant to this Act and the federal | 16 | | Individuals with Disabilities Education Improvement Act of | 17 | | 2004 (Public Law 108-446); it
shall be the responsibility of | 18 | | the State Superintendent to develop
uniform notices setting | 19 | | forth the procedures available under this Act
and the federal | 20 | | Individuals with Disabilities Education Improvement Act of | 21 | | 2004 (Public Law 108-446) to be used by all school boards. The | 22 | | notice
shall also inform the parents of the availability upon
| 23 | | request of a list of free or low-cost legal and other relevant | 24 | | services
available locally to assist parents in initiating an
| 25 | | impartial due process hearing. The State Superintendent shall | 26 | | revise the uniform notices required by this subsection (g) to |
| | | 10000SB0454ham003 | - 12 - | LRB100 04896 AXK 40687 a |
|
| 1 | | reflect current law and procedures at least once every 2 years. | 2 | | Any parent who is deaf, or
does not normally communicate using | 3 | | spoken English, who participates in
a meeting with a | 4 | | representative of a local educational agency for the
purposes | 5 | | of developing an individualized educational program shall be
| 6 | | entitled to the services of an interpreter.
| 7 | | (g-5) For purposes of this subsection (g-5), "qualified | 8 | | professional" means an individual who holds credentials to | 9 | | evaluate the child in the domain or domains for which an | 10 | | evaluation is sought or an intern working under the direct | 11 | | supervision of a qualified professional, including a master's | 12 | | or doctoral degree candidate. | 13 | | To ensure that a parent can participate fully and | 14 | | effectively with school personnel in the development of | 15 | | appropriate educational and related services for his or her | 16 | | child, the parent, an independent educational evaluator, or a | 17 | | qualified professional retained by or on behalf of a parent or | 18 | | child must be afforded reasonable access to educational | 19 | | facilities, personnel, classrooms, and buildings and to the | 20 | | child as provided in this subsection (g-5). The requirements of | 21 | | this subsection (g-5) apply to any public school facility, | 22 | | building, or program and to any facility, building, or program | 23 | | supported in whole or in part by public funds. Prior to | 24 | | visiting a school, school building, or school facility, the | 25 | | parent, independent educational evaluator, or qualified | 26 | | professional may be required by the school district to inform |
| | | 10000SB0454ham003 | - 13 - | LRB100 04896 AXK 40687 a |
|
| 1 | | the building principal or supervisor in writing of the proposed | 2 | | visit, the purpose of the visit, and the approximate duration | 3 | | of the visit. The visitor and the school district shall arrange | 4 | | the visit or visits at times that are mutually agreeable. | 5 | | Visitors shall comply with school safety, security, and | 6 | | visitation policies at all times. School district visitation | 7 | | policies must not conflict with this subsection (g-5). Visitors | 8 | | shall be required to comply with the requirements of applicable | 9 | | privacy laws, including those laws protecting the | 10 | | confidentiality of education records such as the federal Family | 11 | | Educational Rights and Privacy Act and the Illinois School | 12 | | Student Records Act. The visitor shall not disrupt the | 13 | | educational process. | 14 | | (1) A parent must be afforded reasonable access of | 15 | | sufficient duration and scope for the purpose of observing | 16 | | his or her child in the child's current educational | 17 | | placement, services, or program or for the purpose of | 18 | | visiting an educational placement or program proposed for | 19 | | the child. | 20 | | (2) An independent educational evaluator or a | 21 | | qualified professional retained by or on behalf of a parent | 22 | | or child must be afforded reasonable access of sufficient | 23 | | duration and scope for the purpose of conducting an | 24 | | evaluation of the child, the child's performance, the | 25 | | child's current educational program, placement, services, | 26 | | or environment, or any educational program, placement, |
| | | 10000SB0454ham003 | - 14 - | LRB100 04896 AXK 40687 a |
|
| 1 | | services, or environment proposed for the child, including | 2 | | interviews of educational personnel, child observations, | 3 | | assessments, tests or assessments of the child's | 4 | | educational program, services, or placement or of any | 5 | | proposed educational program, services, or placement. If | 6 | | one or more interviews of school personnel are part of the | 7 | | evaluation, the interviews must be conducted at a mutually | 8 | | agreed upon time, date, and place that do not interfere | 9 | | with the school employee's school duties. The school | 10 | | district may limit interviews to personnel having | 11 | | information relevant to the child's current educational | 12 | | services, program, or placement or to a proposed | 13 | | educational service, program, or placement. | 14 | | (h) (Blank).
| 15 | | (i) (Blank).
| 16 | | (j) (Blank).
| 17 | | (k) (Blank).
| 18 | | (l) (Blank).
| 19 | | (m) (Blank).
| 20 | | (n) (Blank).
| 21 | | (o) (Blank).
| 22 | | (Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; | 23 | | 99-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
| 24 | | (105 ILCS 5/14-8.02f new) | 25 | | Sec. 14-8.02f. Individualized education program meeting; |
| | | 10000SB0454ham003 | - 15 - | LRB100 04896 AXK 40687 a |
|
| 1 | | municipality with 1,000,000 or more inhabitants. | 2 | | (a) This Section only applies to school districts organized | 3 | | under Article 34 of this Code. | 4 | | (b) No later than 10 calendar days prior to a child's | 5 | | individualized education program meeting or as soon as possible | 6 | | if a meeting is scheduled within 10 calendar days with written | 7 | | parental consent, the school board or school personnel must | 8 | | provide the child's parent or guardian with a written | 9 | | notification of the services that require a specific data | 10 | | collection procedure from the school district for services | 11 | | related to the child's individualized education program. The | 12 | | notification must indicate, with a checkbox, whether specific | 13 | | data has been collected for the child's individualized | 14 | | education program services. For purposes of this subsection | 15 | | (b), individualized education program services must include, | 16 | | but are not limited to, paraprofessional support, an extended | 17 | | school year, transportation, therapeutic day school, and | 18 | | services for specific learning disabilities. | 19 | | (c) No later than 5 school days prior to a child's | 20 | | individualized education program meeting or as soon as possible | 21 | | if a meeting is scheduled within 5 school days with written | 22 | | parental consent, the school board or school personnel must | 23 | | provide the child's parent or guardian with a draft | 24 | | individualized education program. The draft must contain all | 25 | | relevant information collected about the child and must | 26 | | include, but is not limited to, the program's goals, draft |
| | | 10000SB0454ham003 | - 16 - | LRB100 04896 AXK 40687 a |
|
| 1 | | accommodations and modifications, copies of all conducted | 2 | | evaluations, and any collected data. | 3 | | (d) If a child's individualized education program team | 4 | | determines that certain services are required in order for the | 5 | | child to receive a free, appropriate public education and those | 6 | | services are not implemented within 10 school days after the | 7 | | team's determination, then the school board shall provide the | 8 | | child's parent or guardian with notification that those | 9 | | services have not yet been administered to the child. | 10 | | (e) If the child's individualized education program team | 11 | | determines paraprofessional support minutes or instructional | 12 | | minutes requiring delivery from a special education teacher in | 13 | | any setting are required in order for the child to receive a | 14 | | free, appropriate public education, then the child's | 15 | | individualized education program must indicate all | 16 | | paraprofessional support minutes, any instructional minutes | 17 | | requiring delivery from a special education teacher in any | 18 | | setting, and a description of the responsibilities of school | 19 | | personnel providing paraprofessional or instructional minutes. | 20 | | A quarterly report card provided by a school district to a | 21 | | child with an individualized education program must include the | 22 | | number of direct service minutes provided to the child for that | 23 | | quarter, delineated by service type. | 24 | | (f) The State Board of Education may create a telephone | 25 | | hotline to address complaints regarding the special education | 26 | | services or lack of special education services of a school |
| | | 10000SB0454ham003 | - 17 - | LRB100 04896 AXK 40687 a |
|
| 1 | | district subject to this Section. If a hotline is created, it | 2 | | must be available to all students enrolled in the school | 3 | | district, parents or guardians of those students, and school | 4 | | personnel. If a hotline is created, any complaints received | 5 | | through the hotline must be registered and recorded with the | 6 | | State Board's monitor of special education policies. No | 7 | | student, parent or guardian, or member of school personnel may | 8 | | be retaliated against for submitting a complaint through a | 9 | | telephone hotline created by the State Board under this | 10 | | subsection (f). | 11 | | (g) A school district subject to this Section may not use | 12 | | any measure that would prevent or delay an individualized | 13 | | education program team from adding a service to the program or | 14 | | create a time restriction in which a service is prohibited from | 15 | | being added to the program. The school district may not build | 16 | | functions into its computer software that would remove any | 17 | | services from a student's individualized education program | 18 | | without the approval of the program team and may not prohibit | 19 | | the program team from adding a service to the program.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
|
|