Bill Text: IL HB1107 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2023-2024 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB1107 Detail]

Download: Illinois-2023-HB1107-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1107 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.82 new
105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
105 ILCS 5/34-18.77 new
Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2023-2024 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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 adding Sections
10-20.82 and 34-18.77 and by changing Section 14-6.01 as
follows:
(105 ILCS 5/10-20.82 new)
Sec. 10-20.82. Additional services for certain students
experiencing trauma.
(a) A school district must provide additional
instructional services, support, or special accommodations to
a student if the student's school determines that:
(1) the student suffers from trauma related to the
student experiencing the death of a sibling, parent,
guardian, or household member by suicide or homicide or
from trauma caused by domestic violence or abuse;
(2) the trauma interferes with the student's ability
to learn and to participate in the learning environment;
and
(3) the student does not qualify for either an
individualized education program (IEP) under the federal
Individuals with Disabilities Education Act or for
services under Section 504 of the federal Rehabilitation

HB1107 - 2 - LRB103 05317 RJT 50335 b
Act of 1973.
(b) At the request of the parent or guardian of a student
who has experienced an event described under paragraph (1) of
subsection (a) and who may be at risk of academic failure or if
school personnel identify that a student's overall academic
performance and participation in the learning environment has
declined following the student experiencing an event described
under paragraph (1) of subsection (a) and the student may be at
risk of academic failure, the school district shall perform an
evaluation to assess whether the student may benefit from
additional instructional services, support, or special
accommodations. The evaluation of the student shall be
performed by appropriate school personnel, which may include
school counselors, school psychologists, school social
workers, school administrators, and educators with knowledge
of the student or the student's academic performance prior to
the student experiencing an event described under paragraph
(1) of subsection (a).
If the school determines from the evaluation that the
student requires additional instructional services, support,
or special accommodations, the school district shall develop
and implement a plan to provide to the student additional
instructional services, support, or special accommodations
based on the individual needs of the student. Additional
instructional services, support, or special accommodations
provided to a student may include accommodations with testing,

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supplementary aids, school counseling services, additional
assistance with homework, or modifications to the student's
learning environment. The plan may be modified as necessary
according to the needs of the student.
(c) A plan developed under subsection (b) shall remain in
place until the student (i) is no longer enrolled in the school
district or (ii) has demonstrated such significant and
sustained progress and improvement in academic performance
that the student no longer requires the additional
instructional services, support, or special accommodations
provided under the plan.
(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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
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

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request for part-time attendance must be submitted by a parent
or guardian of the child with a disability and may be made only
to those public schools located in the district where the
child attending the nonpublic school resides; however, nothing
in this Section 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 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.
A Beginning with the 2019-2020 school year, a school board
shall post on its Internet website, if any, and incorporate
into its student handbook or newsletter notice that students
with disabilities who do not qualify for an individualized
education program, as required by the federal Individuals with
Disabilities Education Act and implementing provisions of this
Code, may qualify for services under Section 504 of the
federal Rehabilitation Act of 1973 if the child (i) has a

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physical or mental impairment that substantially limits one or
more major life activities, (ii) has a record of a physical or
mental impairment, or (iii) is regarded as having a physical
or mental impairment, or (iv) beginning with the 2023-2024
school year, is a student who is at least 3 years old or older
and under 22 years old and who has experienced the death of a
sibling, parent, guardian, or household member by suicide or
homicide or suffers from trauma caused by domestic violence or
abuse. 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. The notice shall
also state that any parent who is deaf or does not typically
communicate using spoken English and who participates in a
Section 504 meeting with a representative of a local
educational agency shall be entitled to the services of an
interpreter.
For a school district organized under Article 34 only,
beginning with the 2019-2020 school year, the school district
shall, in collaboration with its primary office overseeing
special education, publish on the school district's publicly
available website any proposed changes to its special
education policies, directives, guidelines, or procedures that
impact the provision of educational or related services to
students with disabilities or the procedural safeguards
afforded to students with disabilities or their parents or

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guardians made by the school district or school board. Any
policy, directive, guideline, or procedural change that
impacts those provisions or safeguards that is authorized by
the school district's primary office overseeing special
education or any other administrative office of the school
district must be published on the school district's publicly
available website no later than 45 days before the adoption of
that change. Any policy directive, guideline, or procedural
change that impacts those provisions or safeguards that is
authorized by the school board must be published on the school
district's publicly available website no later than 30 days
before the date of presentation to the school board for
adoption. The school district's website must allow for virtual
public comments on proposed special education policy,
directive, guideline, or procedural changes that impact the
provision of educational or related services to students with
disabilities or the procedural safeguards afforded to students
with disabilities or their parents or guardians from the date
of the notification of the proposed change on the website
until the date the change is adopted by the school district or
until the date the change is presented to the school board for
adoption. After the period for public comment is closed, the
school district must maintain all public comments for a period
of not less than 2 years from the date the special education
change is adopted. The public comments are subject to the
Freedom of Information Act. The school board shall, at a

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minimum, advertise the notice of the change and availability
for public comment on its website. The State Board of
Education may add additional reporting requirements for the
district beyond policy, directive, guideline, or procedural
changes that impact the provision of educational or related
services to students with disabilities or the procedural
safeguards afforded to students with disabilities or their
parents or guardians if the State Board determines it is in the
best interest of the students enrolled in the district
receiving special education services.
School boards shall immediately provide upon request by
any 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 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

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the State Superintendent to develop uniform notices setting
forth the 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. For a school district organized under Article
34 only, the school district must make the entirety of its
special education Procedural Manual and any other guidance
documents pertaining to special education publicly available,
in print and on the school district's website, in both English
and Spanish. Upon request, the school district must make the
Procedural Manual and other guidance documents available in
print in any other language and accessible for individuals
with disabilities.
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 shall be entitled to the services of an interpreter.
No student with a disability 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 can be directly related to the disabling

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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.
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
regard to graduation from the eighth grade after such pupils
have reached the age of 14 1/2 years. Upon a pupil with a
disability 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 governed by the current individualized educational
program; or 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.
(Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)

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(105 ILCS 5/34-18.77 new)
Sec. 34-18.77. Additional services for certain students
experiencing trauma.
(a) The school district must provide additional
instructional services, support, or special accommodations to
a student if the student's school determines that:
(1) the student suffers from trauma related to the
student experiencing the death of a sibling, parent,
guardian, or household member by suicide or homicide or
from trauma caused by domestic violence or abuse;
(2) the trauma interferes with the student's ability
to learn and to participate in the learning environment;
and
(3) the student does not qualify for either an
individualized education program (IEP) under the federal
Individuals with Disabilities Education Act or for
services under Section 504 of the federal Rehabilitation
Act of 1973.
(b) At the request of the parent or guardian of a student
who has experienced an event described under paragraph (1) of
subsection (a) and who may be at risk of academic failure or if
school personnel identify that a student's overall academic
performance and participation in the learning environment has
declined following the student experiencing an event described
under paragraph (1) of subsection (a) and the student may be at

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risk of academic failure, the school district shall perform an
evaluation to assess whether the student may benefit from
additional instructional services, support, or special
accommodations. The evaluation of the student shall be
performed by appropriate school personnel, which may include
school counselors, school psychologists, school social
workers, school administrators, and educators with knowledge
of the student or the student's academic performance prior to
the student experiencing an event described under paragraph
(1) of subsection (a).
If the school determines from the evaluation that the
student requires additional instructional services, support,
or special accommodations, the school district shall develop
and implement a plan to provide to the student additional
instructional services, support, or special accommodations
based on the individual needs of the student. Additional
instructional services, support, or special accommodations
provided to a student may include accommodations with testing,
supplementary aids, school counseling services, additional
assistance with homework, or modifications to the student's
learning environment. The plan may be modified as necessary
according to the needs of the student.
(c) A plan developed under subsection (b) shall remain in
place until the student (i) is no longer enrolled in the school
district or (ii) has demonstrated such significant and
sustained progress and improvement in academic performance

HB1107 - 12 - LRB103 05317 RJT 50335 b
that the student no longer requires the additional
instructional services, support, or special accommodations
provided under the plan.
Section 99. Effective date. This Act takes effect upon
becoming law.