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Public Act 099-0592
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| HB0119 Enrolled | LRB099 03606 NHT 23614 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
14-6.01 and by adding Section 34-18.49 as follows:
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(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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Sec. 14-6.01. Powers and duties of school boards. School |
boards of
one or more school districts establishing and |
maintaining any of the
educational facilities described in this |
Article shall, in connection
therewith, exercise similar |
powers and duties as are prescribed by law
for the |
establishment, maintenance and management of other recognized
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educational facilities. Such school boards shall include only |
eligible
children in the program and shall comply with all the |
requirements of
this Article and all rules and regulations |
established by the State
Board of Education. Such school boards |
shall accept in part-time
attendance children with |
disabilities of the types
described in Sections
14-1.02 through |
14-1.07 who are enrolled in nonpublic schools. A
request for |
part-time attendance must be submitted by a parent or
guardian |
of the disabled child and may be made
only to those public
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schools located in the district where the child attending the |
nonpublic
school resides; however, nothing in this Section |
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shall be construed as
prohibiting an agreement between the |
district where the child resides
and another public school |
district to provide special educational
services if such an |
arrangement is deemed more convenient and
economical. Special |
education and related services must be provided in accordance |
with the student's IEP no later than 10 school attendance days |
after notice is provided to the parents pursuant to Section |
300.503 of Title 34 of the Code of Federal Regulations and |
implementing rules adopted by the State Board of Education. |
Transportation for students in part time attendance shall be
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provided only if required in the child's individualized |
educational program
on the basis of the child's disabling |
condition or as the
special education
program location may |
require.
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A school board shall publish a public notice in its |
newsletter of
general circulation or in the newsletter of |
another governmental entity of
general circulation in the |
district or if neither is available in the
district, then in a |
newspaper of general circulation in the district, the
right of |
all children with disabilities to a free
appropriate public |
education
as provided under this Code. Such notice shall |
identify the location and
phone number of the office or agent |
of the school district to whom
inquiries should be directed |
regarding the identification, assessment and
placement of such |
children.
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School boards shall immediately provide upon request by any |
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person
written materials and other information that indicates |
the specific
policies, procedures, rules and regulations |
regarding the identification,
evaluation or educational |
placement of children with
disabilities under Section
14-8.02 |
of the School Code. Such information shall include information
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regarding all rights and entitlements of such children under |
this Code, and
of the opportunity to present complaints with |
respect to any matter
relating to educational placement of the |
student, or the provision of a
free appropriate public |
education and to have an impartial due process
hearing on the |
complaint. The notice shall inform the parents or guardian
in |
the parents' or guardian's native language, unless it is |
clearly not
feasible to do so, of their rights and all |
procedures available pursuant to
this Act and federal Public |
Law 94-142; it shall be the responsibility of
the State |
Superintendent to develop uniform notices setting forth the
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procedures available under this Act and federal Public Law |
94-142, as
amended, to be used by all school boards. The notice |
shall also inform the
parents or guardian of the availability |
upon request of a list of free or
low-cost legal and other |
relevant services available locally to assist
parents or |
guardians in exercising rights or entitlements under this Code.
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Any parent or guardian who is deaf, or does not normally |
communicate
using spoken English, who participates in a meeting |
with a representative
of a local educational agency for the |
purposes of developing an
individualized educational program |
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shall be entitled to the services of
an interpreter.
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No disabled student or, in a school district organized |
under Article 34 of this Code, child with a learning disability |
may be denied promotion,
graduation or a general
diploma on the |
basis of failing a minimal competency test when such failure
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can be directly related to the disabling
condition of the |
student. For the
purpose of this Act, "minimal competency |
testing" is defined as tests which
are constructed to measure |
the acquisition of skills to or beyond a certain
defined |
standard.
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Effective July 1, 1966, high school districts are |
financially
responsible for the education of pupils with |
disabilities who
are residents in their
districts when such |
pupils have reached age 15 but may admit
children with |
disabilities into special educational facilities without
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regard to graduation
from the eighth grade after such pupils |
have reached the age of 14 1/2 years.
Upon a disabled pupil's |
attaining the age of 14 1/2 years,
it shall be
the duty of the |
elementary school district in which the pupil resides to
notify |
the high school district in which the pupil resides of the |
pupil's
current eligibility for special education services, of |
the pupil's current
program, and of all evaluation data upon |
which the current program is
based. After an examination of |
that information the high school district
may accept the |
current placement and all subsequent timelines shall be
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governed by the current individualized educational program; or |
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the high
school district may elect to conduct its own |
evaluation and
multidisciplinary staff conference and |
formulate its own individualized
educational program, in which |
case the procedures and timelines contained
in Section 14-8.02 |
shall apply.
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(Source: P.A. 98-219, eff. 8-9-13.)
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(105 ILCS 5/34-18.49 new) |
Sec. 34-18.49. Committee on the retention of students. |
(a) The board may create a committee on the retention of |
students. The committee shall consist of the general |
superintendent of schools or his or her designee, a district |
administrator who directs student instruction and curriculum, |
a principal from a school of the district, and a teacher from a |
school of the district. |
(b) Prior to retention in a grade, a school may submit, by |
a date as set by the committee on the retention of students, |
the names of all students determined by the school to not |
qualify for promotion to the next higher grade and the reason |
for that determination. The committee shall review the school's |
decision to retain with respect to each student and shall make |
a final decision regarding whether or not to retain a |
particular student. The committee shall take into |
consideration the relevant data and evidence gathered during |
the Response to Intervention process. The committee may vote to |
overturn a retention decision if the committee determines that |