Full Text of HB0119 099th General Assembly
HB0119enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 14-6.01 and by adding Section 34-18.49 as follows:
| 6 | | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
| 7 | | Sec. 14-6.01. Powers and duties of school boards. School | 8 | | boards of
one or more school districts establishing and | 9 | | maintaining any of the
educational facilities described in this | 10 | | Article shall, in connection
therewith, exercise similar | 11 | | powers and duties as are prescribed by law
for the | 12 | | establishment, maintenance and management of other recognized
| 13 | | educational facilities. Such school boards shall include only | 14 | | eligible
children in the program and shall comply with all the | 15 | | requirements of
this Article and all rules and regulations | 16 | | established by the State
Board of Education. Such school boards | 17 | | shall accept in part-time
attendance children with | 18 | | disabilities of the types
described in Sections
14-1.02 through | 19 | | 14-1.07 who are enrolled in nonpublic schools. A
request for | 20 | | part-time attendance must be submitted by a parent or
guardian | 21 | | of the disabled child and may be made
only to those public
| 22 | | schools located in the district where the child attending the | 23 | | nonpublic
school resides; however, nothing in this Section |
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| 1 | | shall be construed as
prohibiting an agreement between the | 2 | | district where the child resides
and another public school | 3 | | district to provide special educational
services if such an | 4 | | arrangement is deemed more convenient and
economical. Special | 5 | | education and related services must be provided in accordance | 6 | | with the student's IEP no later than 10 school attendance days | 7 | | after notice is provided to the parents pursuant to Section | 8 | | 300.503 of Title 34 of the Code of Federal Regulations and | 9 | | implementing rules adopted by the State Board of Education. | 10 | | Transportation for students in part time attendance shall be
| 11 | | provided only if required in the child's individualized | 12 | | educational program
on the basis of the child's disabling | 13 | | condition or as the
special education
program location may | 14 | | require.
| 15 | | A school board shall publish a public notice in its | 16 | | newsletter of
general circulation or in the newsletter of | 17 | | another governmental entity of
general circulation in the | 18 | | district or if neither is available in the
district, then in a | 19 | | newspaper of general circulation in the district, the
right of | 20 | | all children with disabilities to a free
appropriate public | 21 | | education
as provided under this Code. Such notice shall | 22 | | identify the location and
phone number of the office or agent | 23 | | of the school district to whom
inquiries should be directed | 24 | | regarding the identification, assessment and
placement of such | 25 | | children.
| 26 | | School boards shall immediately provide upon request by any |
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| 1 | | person
written materials and other information that indicates | 2 | | the specific
policies, procedures, rules and regulations | 3 | | regarding the identification,
evaluation or educational | 4 | | placement of children with
disabilities under Section
14-8.02 | 5 | | of the School Code. Such information shall include information
| 6 | | regarding all rights and entitlements of such children under | 7 | | this Code, and
of the opportunity to present complaints with | 8 | | respect to any matter
relating to educational placement of the | 9 | | student, or the provision of a
free appropriate public | 10 | | education and to have an impartial due process
hearing on the | 11 | | complaint. The notice shall inform the parents or guardian
in | 12 | | the parents' or guardian's native language, unless it is | 13 | | clearly not
feasible to do so, of their rights and all | 14 | | procedures available pursuant to
this Act and federal Public | 15 | | Law 94-142; it shall be the responsibility of
the State | 16 | | Superintendent to develop uniform notices setting forth the
| 17 | | procedures available under this Act and federal Public Law | 18 | | 94-142, as
amended, to be used by all school boards. The notice | 19 | | shall also inform the
parents or guardian of the availability | 20 | | upon request of a list of free or
low-cost legal and other | 21 | | relevant services available locally to assist
parents or | 22 | | guardians in exercising rights or entitlements under this Code.
| 23 | | Any parent or guardian who is deaf, or does not normally | 24 | | communicate
using spoken English, who participates in a meeting | 25 | | with a representative
of a local educational agency for the | 26 | | purposes of developing an
individualized educational program |
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| 1 | | shall be entitled to the services of
an interpreter.
| 2 | | No disabled student or, in a school district organized | 3 | | under Article 34 of this Code, child with a learning disability | 4 | | may be denied promotion,
graduation or a general
diploma on the | 5 | | basis of failing a minimal competency test when such failure
| 6 | | can be directly related to the disabling
condition of the | 7 | | student. For the
purpose of this Act, "minimal competency | 8 | | testing" is defined as tests which
are constructed to measure | 9 | | the acquisition of skills to or beyond a certain
defined | 10 | | standard.
| 11 | | Effective July 1, 1966, high school districts are | 12 | | financially
responsible for the education of pupils with | 13 | | disabilities who
are residents in their
districts when such | 14 | | pupils have reached age 15 but may admit
children with | 15 | | disabilities into special educational facilities without
| 16 | | regard to graduation
from the eighth grade after such pupils | 17 | | have reached the age of 14 1/2 years.
Upon a disabled pupil's | 18 | | attaining the age of 14 1/2 years,
it shall be
the duty of the | 19 | | elementary school district in which the pupil resides to
notify | 20 | | the high school district in which the pupil resides of the | 21 | | pupil's
current eligibility for special education services, of | 22 | | the pupil's current
program, and of all evaluation data upon | 23 | | which the current program is
based. After an examination of | 24 | | that information the high school district
may accept the | 25 | | current placement and all subsequent timelines shall be
| 26 | | governed by the current individualized educational program; or |
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| 1 | | the high
school district may elect to conduct its own | 2 | | evaluation and
multidisciplinary staff conference and | 3 | | formulate its own individualized
educational program, in which | 4 | | case the procedures and timelines contained
in Section 14-8.02 | 5 | | shall apply.
| 6 | | (Source: P.A. 98-219, eff. 8-9-13.)
| 7 | | (105 ILCS 5/34-18.49 new) | 8 | | Sec. 34-18.49. Committee on the retention of students. | 9 | | (a) The board may create a committee on the retention of | 10 | | students. The committee shall consist of the general | 11 | | superintendent of schools or his or her designee, a district | 12 | | administrator who directs student instruction and curriculum, | 13 | | a principal from a school of the district, and a teacher from a | 14 | | school of the district. | 15 | | (b) Prior to retention in a grade, a school may submit, by | 16 | | a date as set by the committee on the retention of students, | 17 | | the names of all students determined by the school to not | 18 | | qualify for promotion to the next higher grade and the reason | 19 | | for that determination. The committee shall review the school's | 20 | | decision to retain with respect to each student and shall make | 21 | | a final decision regarding whether or not to retain a | 22 | | particular student. The committee shall take into | 23 | | consideration the relevant data and evidence gathered during | 24 | | the Response to Intervention process. The committee may vote to | 25 | | overturn a retention decision if the committee determines that |
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| 1 | | the student should be promoted after examining the student's | 2 | | access to remedial assistance, performance, attendance, and | 3 | | participation and the resources and facilities provided by the | 4 | | school district or due to the student having an undiagnosed | 5 | | learning disability.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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