Bill Text: IL HB2618 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children with Disabilities Article of the School Code. For parties who agree to not use mediation during a challenge, provides that a parent shall have 10 days after a party declines to use mediation to file a request for a due process hearing to allow the student to remain in his or her present educational placement. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0122 [HB2618 Detail]
Download: Illinois-2017-HB2618-Enrolled.html
Bill Title: Amends the Children with Disabilities Article of the School Code. For parties who agree to not use mediation during a challenge, provides that a parent shall have 10 days after a party declines to use mediation to file a request for a due process hearing to allow the student to remain in his or her present educational placement. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0122 [HB2618 Detail]
Download: Illinois-2017-HB2618-Enrolled.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 14-8.02 and 14-8.02a 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 | ||||||
17 | than English is used to determine their eligibility to receive | ||||||
18 | special
education. The placement of low English proficiency | ||||||
19 | students in special
education programs and facilities shall be | ||||||
20 | made in accordance with the test
results reflecting the | ||||||
21 | student's linguistic, cultural and special education
needs. | ||||||
22 | For purposes of determining the eligibility of children the | ||||||
23 | State
Board of Education shall include in the rules definitions |
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| |||||||
1 | of "case study",
"staff conference", "individualized | ||||||
2 | educational program", and "qualified
specialist" appropriate | ||||||
3 | to each category of children with
disabilities as defined in
| ||||||
4 | this Article. For purposes of determining the eligibility of | ||||||
5 | children from
homes in which a language other than English is | ||||||
6 | used, the State Board of
Education shall include in the rules
| ||||||
7 | definitions for "qualified bilingual specialists" and | ||||||
8 | "linguistically and
culturally appropriate individualized | ||||||
9 | educational programs". For purposes of this
Section, as well as | ||||||
10 | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
| ||||||
11 | "parent" means a parent as defined in the federal Individuals | ||||||
12 | with Disabilities Education Act (20 U.S.C. 1401(23)).
| ||||||
13 | (b) No child shall be eligible for special education | ||||||
14 | facilities except
with a carefully completed case study fully | ||||||
15 | reviewed by professional
personnel in a multidisciplinary | ||||||
16 | staff conference and only upon the
recommendation of qualified | ||||||
17 | specialists or a qualified bilingual specialist, if
available. | ||||||
18 | At the conclusion of the multidisciplinary staff conference, | ||||||
19 | the
parent of the child shall be given a copy of the | ||||||
20 | multidisciplinary
conference summary report and | ||||||
21 | recommendations, which includes options
considered, and be | ||||||
22 | informed of their right to obtain an independent educational
| ||||||
23 | evaluation if they disagree with the evaluation findings | ||||||
24 | conducted or obtained
by the school district. If the school | ||||||
25 | district's evaluation is shown to be
inappropriate, the school | ||||||
26 | district shall reimburse the parent for the cost of
the |
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| |||||||
1 | independent evaluation. The State Board of Education shall, | ||||||
2 | with advice
from the State Advisory Council on Education of | ||||||
3 | Children with
Disabilities on the
inclusion of specific | ||||||
4 | independent educational evaluators, prepare a list of
| ||||||
5 | suggested independent educational evaluators. The State Board | ||||||
6 | of Education
shall include on the list clinical psychologists | ||||||
7 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
8 | Such psychologists shall not be paid fees
in excess of the | ||||||
9 | amount that would be received by a school psychologist for
| ||||||
10 | performing the same services. The State Board of Education | ||||||
11 | shall supply school
districts with such list and make the list | ||||||
12 | available to parents at their
request. School districts shall | ||||||
13 | make the list available to parents at the time
they are | ||||||
14 | informed of their right to obtain an independent educational
| ||||||
15 | evaluation. However, the school district may initiate an | ||||||
16 | impartial
due process hearing under this Section within 5 days | ||||||
17 | of any written parent
request for an independent educational | ||||||
18 | evaluation to show that
its evaluation is appropriate. If the | ||||||
19 | final decision is that the evaluation
is appropriate, the | ||||||
20 | parent still has a right to an independent educational
| ||||||
21 | evaluation, but not at public expense. An independent | ||||||
22 | educational
evaluation at public expense must be completed | ||||||
23 | within 30 days of a parent
written request unless the school | ||||||
24 | district initiates an
impartial due process hearing or the | ||||||
25 | parent or school district
offers reasonable grounds to show | ||||||
26 | that such 30 day time period should be
extended. If the due |
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| |||||||
1 | process hearing decision indicates that the parent is entitled | ||||||
2 | to an independent educational evaluation, it must be
completed | ||||||
3 | within 30 days of the decision unless the parent or
the school | ||||||
4 | district offers reasonable grounds to show that such 30 day
| ||||||
5 | period should be extended. If a parent disagrees with the | ||||||
6 | summary report or
recommendations of the multidisciplinary | ||||||
7 | conference or the findings of any
educational evaluation which | ||||||
8 | results therefrom, the school
district shall not proceed with a | ||||||
9 | placement based upon such evaluation and
the child shall remain | ||||||
10 | in his or her regular classroom setting.
No child shall be | ||||||
11 | eligible for admission to a
special class for children with a | ||||||
12 | mental disability who are educable or for children with a | ||||||
13 | mental disability who are trainable except with a psychological | ||||||
14 | evaluation
and
recommendation by a school psychologist. | ||||||
15 | Consent shall be obtained from
the parent of a child before any | ||||||
16 | evaluation is conducted.
If consent is not given by the parent | ||||||
17 | or if the parent disagrees with the findings of the evaluation, | ||||||
18 | then the school
district may initiate an impartial due process | ||||||
19 | hearing under this Section.
The school district may evaluate | ||||||
20 | the child if that is the decision
resulting from the impartial | ||||||
21 | due process hearing and the decision is not
appealed or if the | ||||||
22 | decision is affirmed on appeal.
The determination of | ||||||
23 | eligibility shall be made and the IEP meeting shall be | ||||||
24 | completed within 60 school days
from the date of written | ||||||
25 | parental consent. In those instances when written parental | ||||||
26 | consent is obtained with fewer than 60 pupil attendance days |
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1 | left in the school year,
the eligibility determination shall be | ||||||
2 | made and the IEP meeting shall be completed prior to the first | ||||||
3 | day of the
following school year. Special education and related | ||||||
4 | services must be provided in accordance with the student's IEP | ||||||
5 | no later than 10 school attendance days after notice is | ||||||
6 | provided to the parents pursuant to Section 300.503 of Title 34 | ||||||
7 | of the Code of Federal Regulations and implementing rules | ||||||
8 | adopted by the State Board of Education. The appropriate
| ||||||
9 | program pursuant to the individualized educational program of | ||||||
10 | students
whose native tongue is a language other than English | ||||||
11 | shall reflect the
special education, cultural and linguistic | ||||||
12 | needs. No later than September
1, 1993, the State Board of | ||||||
13 | Education shall establish standards for the
development, | ||||||
14 | implementation and monitoring of appropriate bilingual special
| ||||||
15 | individualized educational programs. The State Board of | ||||||
16 | Education shall
further incorporate appropriate monitoring | ||||||
17 | procedures to verify implementation
of these standards. The | ||||||
18 | district shall indicate to the parent and
the State Board of | ||||||
19 | Education the nature of the services the child will receive
for | ||||||
20 | the regular school term while waiting placement in the | ||||||
21 | appropriate special
education class.
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22 | If the child is deaf, hard of hearing, blind, or visually | ||||||
23 | impaired and
he or she might be eligible to receive services | ||||||
24 | from the Illinois School for
the Deaf or the Illinois School | ||||||
25 | for the Visually Impaired, the school
district shall notify the | ||||||
26 | parents, in writing, of the existence of
these schools
and the |
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1 | services
they provide and shall make a reasonable effort to | ||||||
2 | inform the parents of the existence of other, local schools | ||||||
3 | that provide similar services and the services that these other | ||||||
4 | schools provide. This notification
shall
include without | ||||||
5 | limitation information on school services, school
admissions | ||||||
6 | criteria, and school contact information.
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7 | In the development of the individualized education program | ||||||
8 | for a student who has a disability on the autism spectrum | ||||||
9 | (which includes autistic disorder, Asperger's disorder, | ||||||
10 | pervasive developmental disorder not otherwise specified, | ||||||
11 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
12 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
13 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
14 | consider all of the following factors: | ||||||
15 | (1) The verbal and nonverbal communication needs of the | ||||||
16 | child. | ||||||
17 | (2) The need to develop social interaction skills and | ||||||
18 | proficiencies. | ||||||
19 | (3) The needs resulting from the child's unusual | ||||||
20 | responses to sensory experiences. | ||||||
21 | (4) The needs resulting from resistance to | ||||||
22 | environmental change or change in daily routines. | ||||||
23 | (5) The needs resulting from engagement in repetitive | ||||||
24 | activities and stereotyped movements. | ||||||
25 | (6) The need for any positive behavioral | ||||||
26 | interventions, strategies, and supports to address any |
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1 | behavioral difficulties resulting from autism spectrum | ||||||
2 | disorder. | ||||||
3 | (7) Other needs resulting from the child's disability | ||||||
4 | that impact progress in the general curriculum, including | ||||||
5 | social and emotional development. | ||||||
6 | Public Act 95-257
does not create any new entitlement to a | ||||||
7 | service, program, or benefit, but must not affect any | ||||||
8 | entitlement to a service, program, or benefit created by any | ||||||
9 | other law.
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10 | If the student may be eligible to participate in the | ||||||
11 | Home-Based Support
Services Program for Adults with Mental | ||||||
12 | Disabilities authorized under the
Developmental Disability and | ||||||
13 | Mental Disability Services Act upon becoming an
adult, the | ||||||
14 | student's individualized education program shall include plans | ||||||
15 | for
(i) determining the student's eligibility for those | ||||||
16 | home-based services, (ii)
enrolling the student in the program | ||||||
17 | of home-based services, and (iii)
developing a plan for the | ||||||
18 | student's most effective use of the home-based
services after | ||||||
19 | the student becomes an adult and no longer receives special
| ||||||
20 | educational services under this Article. The plans developed | ||||||
21 | under this
paragraph shall include specific actions to be taken | ||||||
22 | by specified individuals,
agencies, or officials.
| ||||||
23 | (c) In the development of the individualized education | ||||||
24 | program for a
student who is functionally blind, it shall be | ||||||
25 | presumed that proficiency in
Braille reading and writing is | ||||||
26 | essential for the student's satisfactory
educational progress. |
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1 | For purposes of this subsection, the State Board of
Education | ||||||
2 | shall determine the criteria for a student to be classified as
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3 | functionally blind. Students who are not currently identified | ||||||
4 | as
functionally blind who are also entitled to Braille | ||||||
5 | instruction include:
(i) those whose vision loss is so severe | ||||||
6 | that they are unable to read and
write at a level comparable to | ||||||
7 | their peers solely through the use of
vision, and (ii) those | ||||||
8 | who show evidence of progressive vision loss that
may result in | ||||||
9 | functional blindness. Each student who is functionally blind
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10 | shall be entitled to Braille reading and writing instruction | ||||||
11 | that is
sufficient to enable the student to communicate with | ||||||
12 | the same level of
proficiency as other students of comparable | ||||||
13 | ability. Instruction should be
provided to the extent that the | ||||||
14 | student is physically and cognitively able
to use Braille. | ||||||
15 | Braille instruction may be used in combination with other
| ||||||
16 | special education services appropriate to the student's | ||||||
17 | educational needs.
The assessment of each student who is | ||||||
18 | functionally blind for the purpose of
developing the student's | ||||||
19 | individualized education program shall include
documentation | ||||||
20 | of the student's strengths and weaknesses in Braille skills.
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21 | Each person assisting in the development of the individualized | ||||||
22 | education
program for a student who is functionally blind shall | ||||||
23 | receive information
describing the benefits of Braille | ||||||
24 | instruction. The individualized
education program for each | ||||||
25 | student who is functionally blind shall
specify the appropriate | ||||||
26 | learning medium or media based on the assessment
report.
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1 | (d) To the maximum extent appropriate, the placement shall | ||||||
2 | provide the
child with the opportunity to be educated with | ||||||
3 | children who do not have a disability; provided that children | ||||||
4 | with
disabilities who are recommended to be
placed into regular | ||||||
5 | education classrooms are provided with supplementary
services | ||||||
6 | to assist the children with disabilities to benefit
from the | ||||||
7 | regular
classroom instruction and are included on the teacher's | ||||||
8 | regular education class
register. Subject to the limitation of | ||||||
9 | the preceding sentence, placement in
special classes, separate | ||||||
10 | schools or other removal of the child with a disability
from | ||||||
11 | the regular educational environment shall occur only when the | ||||||
12 | nature of
the severity of the disability is such that education | ||||||
13 | in the
regular classes with
the use of supplementary aids and | ||||||
14 | services cannot be achieved satisfactorily.
The placement of | ||||||
15 | English learners with disabilities shall
be in non-restrictive | ||||||
16 | environments which provide for integration with
peers who do | ||||||
17 | not have disabilities in bilingual classrooms. Annually, each | ||||||
18 | January, school districts shall report data on students from | ||||||
19 | non-English
speaking backgrounds receiving special education | ||||||
20 | and related services in
public and private facilities as | ||||||
21 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
22 | between parties involved regarding the special education
| ||||||
23 | placement of any child, either in-state or out-of-state, the | ||||||
24 | placement is
subject to impartial due process procedures | ||||||
25 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
26 | the Administration and Operation of Special
Education.
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1 | (e) No child who comes from a home in which a language | ||||||
2 | other than English
is the principal language used may be | ||||||
3 | assigned to any class or program
under this Article until he | ||||||
4 | has been given, in the principal language
used by the child and | ||||||
5 | used in his home, tests reasonably related to his
cultural | ||||||
6 | environment. All testing and evaluation materials and | ||||||
7 | procedures
utilized for evaluation and placement shall not be | ||||||
8 | linguistically, racially or
culturally discriminatory.
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9 | (f) Nothing in this Article shall be construed to require | ||||||
10 | any child to
undergo any physical examination or medical | ||||||
11 | treatment whose parents object thereto on the grounds that such | ||||||
12 | examination or
treatment conflicts with his religious beliefs.
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13 | (g) School boards or their designee shall provide to the | ||||||
14 | parents of a child prior written notice of any decision (a) | ||||||
15 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
16 | change, the
identification, evaluation, or educational | ||||||
17 | placement of the child or the
provision of a free appropriate | ||||||
18 | public education to their child, and the
reasons therefor. Such | ||||||
19 | written notification shall also inform the
parent of the | ||||||
20 | opportunity to present complaints with respect
to any matter | ||||||
21 | relating to the educational placement of the student, or
the | ||||||
22 | provision of a free appropriate public education and to have an
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23 | impartial due process hearing on the complaint. The notice | ||||||
24 | shall inform
the parents in the parents' native language,
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25 | unless it is clearly not feasible to do so, of their rights and | ||||||
26 | all
procedures available pursuant to this Act and the federal |
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1 | Individuals with Disabilities Education Improvement Act of | ||||||
2 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
3 | the State Superintendent to develop
uniform notices setting | ||||||
4 | forth the procedures available under this Act
and the federal | ||||||
5 | Individuals with Disabilities Education Improvement Act of | ||||||
6 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
7 | notice
shall also inform the parents of the availability upon
| ||||||
8 | request of a list of free or low-cost legal and other relevant | ||||||
9 | services
available locally to assist parents in initiating an
| ||||||
10 | impartial due process hearing. The State Superintendent shall | ||||||
11 | revise the uniform notices required by this subsection (g) to | ||||||
12 | reflect current law and procedures at least once every 2 years. | ||||||
13 | Any parent who is deaf, or
does not normally communicate using | ||||||
14 | spoken English, who participates in
a meeting with a | ||||||
15 | representative of a local educational agency for the
purposes | ||||||
16 | of developing an individualized educational program shall be
| ||||||
17 | entitled to the services of an interpreter.
| ||||||
18 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
19 | professional" means an individual who holds credentials to | ||||||
20 | evaluate the child in the domain or domains for which an | ||||||
21 | evaluation is sought or an intern working under the direct | ||||||
22 | supervision of a qualified professional, including a master's | ||||||
23 | or doctoral degree candidate. | ||||||
24 | To ensure that a parent can participate fully and | ||||||
25 | effectively with school personnel in the development of | ||||||
26 | appropriate educational and related services for his or her |
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1 | child, the parent, an independent educational evaluator, or a | ||||||
2 | qualified professional retained by or on behalf of a parent or | ||||||
3 | child must be afforded reasonable access to educational | ||||||
4 | facilities, personnel, classrooms, and buildings and to the | ||||||
5 | child as provided in this subsection (g-5). The requirements of | ||||||
6 | this subsection (g-5) apply to any public school facility, | ||||||
7 | building, or program and to any facility, building, or program | ||||||
8 | supported in whole or in part by public funds. Prior to | ||||||
9 | visiting a school, school building, or school facility, the | ||||||
10 | parent, independent educational evaluator, or qualified | ||||||
11 | professional may be required by the school district to inform | ||||||
12 | the building principal or supervisor in writing of the proposed | ||||||
13 | visit, the purpose of the visit, and the approximate duration | ||||||
14 | of the visit. The visitor and the school district shall arrange | ||||||
15 | the visit or visits at times that are mutually agreeable. | ||||||
16 | Visitors shall comply with school safety, security, and | ||||||
17 | visitation policies at all times. School district visitation | ||||||
18 | policies must not conflict with this subsection (g-5). Visitors | ||||||
19 | shall be required to comply with the requirements of applicable | ||||||
20 | privacy laws, including those laws protecting the | ||||||
21 | confidentiality of education records such as the federal Family | ||||||
22 | Educational Rights and Privacy Act and the Illinois School | ||||||
23 | Student Records Act. The visitor shall not disrupt the | ||||||
24 | educational process. | ||||||
25 | (1) A parent must be afforded reasonable access of | ||||||
26 | sufficient duration and scope for the purpose of observing |
| |||||||
| |||||||
1 | his or her child in the child's current educational | ||||||
2 | placement, services, or program or for the purpose of | ||||||
3 | visiting an educational placement or program proposed for | ||||||
4 | the child. | ||||||
5 | (2) An independent educational evaluator or a | ||||||
6 | qualified professional retained by or on behalf of a parent | ||||||
7 | or child must be afforded reasonable access of sufficient | ||||||
8 | duration and scope for the purpose of conducting an | ||||||
9 | evaluation of the child, the child's performance, the | ||||||
10 | child's current educational program, placement, services, | ||||||
11 | or environment, or any educational program, placement, | ||||||
12 | services, or environment proposed for the child, including | ||||||
13 | interviews of educational personnel, child observations, | ||||||
14 | assessments, tests or assessments of the child's | ||||||
15 | educational program, services, or placement or of any | ||||||
16 | proposed educational program, services, or placement. If | ||||||
17 | one or more interviews of school personnel are part of the | ||||||
18 | evaluation, the interviews must be conducted at a mutually | ||||||
19 | agreed upon time, date, and place that do not interfere | ||||||
20 | with the school employee's school duties. The school | ||||||
21 | district may limit interviews to personnel having | ||||||
22 | information relevant to the child's current educational | ||||||
23 | services, program, or placement or to a proposed | ||||||
24 | educational service, program, or placement. | ||||||
25 | (h) (Blank).
| ||||||
26 | (i) (Blank).
|
| |||||||
| |||||||
1 | (j) (Blank).
| ||||||
2 | (k) (Blank).
| ||||||
3 | (l) (Blank).
| ||||||
4 | (m) (Blank).
| ||||||
5 | (n) (Blank).
| ||||||
6 | (o) (Blank).
| ||||||
7 | (Source: P.A. 98-219, eff. 8-9-13; 99-30, eff. 7-10-15; 99-143, | ||||||
8 | eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
9 | (105 ILCS 5/14-8.02a)
| ||||||
10 | Sec. 14-8.02a. Impartial due process hearing; civil | ||||||
11 | action.
| ||||||
12 | (a) This Section
shall apply to all impartial due process | ||||||
13 | hearings requested on or after July
1, 2005. Impartial due | ||||||
14 | process hearings requested before July 1, 2005 shall be | ||||||
15 | governed by the rules described in Public Act 89-652. | ||||||
16 | (a-5) For purposes of this Section and Section 14-8.02b of | ||||||
17 | this Code, days shall be computed in accordance with Section | ||||||
18 | 1.11 of the Statute on Statutes.
| ||||||
19 | (b) The State Board of Education shall establish an | ||||||
20 | impartial due process
hearing system in accordance with this
| ||||||
21 | Section and may, with the advice and approval of the Advisory | ||||||
22 | Council on
Education of Children with Disabilities, promulgate | ||||||
23 | rules and regulations
consistent with this Section to establish | ||||||
24 | the rules and procedures for due process hearings.
| ||||||
25 | (c) (Blank).
|
| |||||||
| |||||||
1 | (d) (Blank).
| ||||||
2 | (e) (Blank).
| ||||||
3 | (f) An impartial due process hearing shall be convened upon | ||||||
4 | the request of a
parent, student if at least 18 years of age or | ||||||
5 | emancipated, or a
school district. A school district shall
make | ||||||
6 | a request in writing to the State Board of Education and | ||||||
7 | promptly mail a
copy of the request to the parents or student | ||||||
8 | (if at least 18 years of age or emancipated) at the parent's or | ||||||
9 | student's last
known address. A request made by the parent or | ||||||
10 | student shall be made in writing to the superintendent of the | ||||||
11 | school district where the student resides. The superintendent | ||||||
12 | shall forward the request to the State Board of Education | ||||||
13 | within 5 days after receipt of the request. The request shall | ||||||
14 | be filed no more than 2 years following the date the person or | ||||||
15 | school district knew or should have known of the event or | ||||||
16 | events forming the basis for the request. The request shall, at | ||||||
17 | a minimum, contain all of the following: | ||||||
18 | (1) The name of the student, the address of the | ||||||
19 | student's residence, and the name of the school the student | ||||||
20 | is attending. | ||||||
21 | (2) In the case of homeless children (as defined under | ||||||
22 | the federal McKinney-Vento Homeless Assistance Act (42 | ||||||
23 | U.S.C. 11434a(2)), available contact information for the | ||||||
24 | student and the name of the school the student is | ||||||
25 | attending. | ||||||
26 | (3) A description of the nature of the problem relating |
| |||||||
| |||||||
1 | to the actual or proposed placement, identification, | ||||||
2 | services, or evaluation of the student, including facts | ||||||
3 | relating to the problem. | ||||||
4 | (4) A proposed resolution of the problem to the extent | ||||||
5 | known and available to the party at the time. | ||||||
6 | (f-5) Within 3 days after receipt of the hearing request,
| ||||||
7 | the State Board of
Education shall appoint a due process | ||||||
8 | hearing officer using a rotating
appointment system and shall | ||||||
9 | notify the hearing officer of his or her
appointment. | ||||||
10 | For a school district other than a school district located | ||||||
11 | in a municipality having a population exceeding 500,000, a | ||||||
12 | hearing officer who is a current resident of the school | ||||||
13 | district, special
education cooperative, or other public | ||||||
14 | entity involved in the hearing shall recuse himself or herself. | ||||||
15 | A hearing officer who is a former employee of the school | ||||||
16 | district, special education cooperative, or other public | ||||||
17 | entity involved in the hearing shall immediately disclose the | ||||||
18 | former employment to the parties and shall recuse himself or | ||||||
19 | herself, unless the parties otherwise agree in writing. A
| ||||||
20 | hearing officer having a personal or professional interest that | ||||||
21 | may conflict
with his or her objectivity in the hearing shall | ||||||
22 | disclose the conflict to the parties and shall recuse himself | ||||||
23 | or herself unless the parties otherwise agree in writing. For | ||||||
24 | purposes of this subsection
an assigned hearing officer shall | ||||||
25 | be considered to have a conflict of interest
if, at any time | ||||||
26 | prior to the issuance of his or her written decision, he or she
|
| |||||||
| |||||||
1 | knows or should know that he or she may receive remuneration | ||||||
2 | from a party
to the hearing within 3 years following the | ||||||
3 | conclusion of the due process
hearing. | ||||||
4 | A party to a due process hearing shall be permitted one | ||||||
5 | substitution
of hearing officer as a matter of right, in | ||||||
6 | accordance with procedures
established by the rules adopted by | ||||||
7 | the State Board of Education under this
Section. The State | ||||||
8 | Board of Education shall randomly select and appoint
another | ||||||
9 | hearing officer within 3 days after receiving notice that the | ||||||
10 | appointed
hearing officer is ineligible to serve or upon | ||||||
11 | receiving a proper request for
substitution of hearing officer. | ||||||
12 | If a party withdraws its request for a due
process hearing | ||||||
13 | after a hearing officer has been appointed, that hearing
| ||||||
14 | officer shall retain jurisdiction over a subsequent hearing | ||||||
15 | that involves the
same parties and is requested within one year | ||||||
16 | from the date of withdrawal of
the previous request, unless | ||||||
17 | that hearing
officer is unavailable.
| ||||||
18 | Any party may raise
facts that constitute a conflict of | ||||||
19 | interest for the hearing officer at any
time before or during | ||||||
20 | the hearing and may move for recusal.
| ||||||
21 | (g) Impartial due process hearings shall be conducted | ||||||
22 | pursuant to this
Section and any rules and regulations | ||||||
23 | promulgated by the State Board of Education
consistent with | ||||||
24 | this Section and other governing laws and regulations. The | ||||||
25 | hearing shall address only those issues properly raised in the | ||||||
26 | hearing request under subsection (f) of this Section or, if |
| |||||||
| |||||||
1 | applicable, in the amended hearing request under subsection | ||||||
2 | (g-15) of this Section. The
hearing shall be closed to the | ||||||
3 | public unless the parents request
that the hearing be open to | ||||||
4 | the public. The parents involved in
the hearing shall have the | ||||||
5 | right to have the student who is the subject of the
hearing | ||||||
6 | present. The hearing shall be held at a time and place which | ||||||
7 | are
reasonably convenient to the parties involved. Upon the | ||||||
8 | request of
a party, the hearing officer shall hold the hearing | ||||||
9 | at a location neutral to
the parties if the hearing officer | ||||||
10 | determines that there is no cost for
securing the use of the | ||||||
11 | neutral location. Once appointed, the impartial due
process | ||||||
12 | hearing officer shall not communicate with the State Board of | ||||||
13 | Education
or its employees concerning the
hearing, except that, | ||||||
14 | where circumstances require, communications for
administrative | ||||||
15 | purposes that do not deal with substantive or procedural | ||||||
16 | matters
or issues on the merits are authorized, provided that | ||||||
17 | the hearing officer
promptly notifies all parties of the | ||||||
18 | substance of the communication as a matter
of record. | ||||||
19 | (g-5) Unless the school district has previously provided | ||||||
20 | prior written notice to the parent or student (if at least 18 | ||||||
21 | years of age or emancipated) regarding the subject matter of | ||||||
22 | the hearing request, the school district shall, within 10 days | ||||||
23 | after receiving a hearing request initiated by a parent or | ||||||
24 | student (if at least 18 years of age or emancipated), provide a | ||||||
25 | written response to the request that shall include all of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) An explanation of why the school district proposed | ||||||
2 | or refused to take the action or actions described in the | ||||||
3 | hearing request. | ||||||
4 | (2) A description of other options the IEP team | ||||||
5 | considered and the reasons why those options were rejected. | ||||||
6 | (3) A description of each evaluation procedure, | ||||||
7 | assessment, record, report, or other evidence the school | ||||||
8 | district used as the basis for the proposed or refused | ||||||
9 | action or actions. | ||||||
10 | (4) A description of the factors that are or were | ||||||
11 | relevant to the school district's proposed or refused | ||||||
12 | action or actions. | ||||||
13 | (g-10) When the hearing request has been initiated by a | ||||||
14 | school district, within 10 days after receiving the request, | ||||||
15 | the parent or student (if at least 18 years of age or | ||||||
16 | emancipated) shall provide the school district with a response | ||||||
17 | that specifically addresses the issues raised in the school | ||||||
18 | district's hearing request. The parent's or student's response | ||||||
19 | shall be provided in writing, unless he or she is illiterate or | ||||||
20 | has a disability that prevents him or her from providing a | ||||||
21 | written response. The parent's or student's response may be | ||||||
22 | provided in his or her native language, if other than English. | ||||||
23 | In the event that illiteracy or another disabling condition | ||||||
24 | prevents the parent or student from providing a written | ||||||
25 | response, the school district shall assist the parent or | ||||||
26 | student in providing the written response. |
| |||||||
| |||||||
1 | (g-15) Within 15 days after receiving notice of the hearing | ||||||
2 | request, the non-requesting party may challenge the | ||||||
3 | sufficiency of the request by submitting its challenge in | ||||||
4 | writing to the hearing officer. Within 5 days after receiving | ||||||
5 | the challenge to the sufficiency of the request, the hearing | ||||||
6 | officer shall issue a determination of the challenge in writing | ||||||
7 | to the parties. In the event that the hearing officer upholds | ||||||
8 | the challenge, the party who requested the hearing may, with | ||||||
9 | the consent of the non-requesting party or hearing officer, | ||||||
10 | file an amended request. Amendments are permissible for the | ||||||
11 | purpose of raising issues beyond those in the initial hearing | ||||||
12 | request. In addition, the party who requested the hearing may | ||||||
13 | amend the request once as a matter of right by filing the | ||||||
14 | amended request within 5 days after filing the initial request. | ||||||
15 | An amended request, other than an amended request as a matter | ||||||
16 | of right, shall be filed by the date determined by the hearing | ||||||
17 | officer, but in no event any later than 5 days prior to the | ||||||
18 | date of the hearing. If an amended request, other than an | ||||||
19 | amended request as a matter of right, raises issues that were | ||||||
20 | not part of the initial request, the applicable timeline for a | ||||||
21 | hearing, including the timeline under subsection (g-20) of this | ||||||
22 | Section, shall recommence. | ||||||
23 | (g-20) Within 15 days after receiving a request for a | ||||||
24 | hearing from a parent or student (if at least 18 years of age | ||||||
25 | or emancipated) or, in the event that the school district | ||||||
26 | requests a hearing, within 15 days after initiating the |
| |||||||
| |||||||
1 | request, the school district shall convene a resolution meeting | ||||||
2 | with the parent and relevant members of the IEP team who have | ||||||
3 | specific knowledge of the facts contained in the request for | ||||||
4 | the purpose of resolving the problem that resulted in the | ||||||
5 | request. The resolution meeting shall include a representative | ||||||
6 | of the school district who has decision-making authority on | ||||||
7 | behalf of the school district. Unless the parent is accompanied | ||||||
8 | by an attorney at the resolution meeting, the school district | ||||||
9 | may not include an attorney representing the school district. | ||||||
10 | The resolution meeting may not be waived unless agreed to | ||||||
11 | in writing by the school district and the parent or student (if | ||||||
12 | at least 18 years of age or emancipated) or the parent or | ||||||
13 | student (if at least 18 years of age or emancipated) and the | ||||||
14 | school district agree in writing to utilize mediation in place | ||||||
15 | of the resolution meeting. If either party fails to cooperate | ||||||
16 | in the scheduling or convening of the resolution meeting, the | ||||||
17 | hearing officer may order an extension of the timeline for | ||||||
18 | completion of the resolution meeting or, upon the motion of a | ||||||
19 | party and at least 7 days after ordering the non-cooperating | ||||||
20 | party to cooperate, order the dismissal of the hearing request | ||||||
21 | or the granting of all relief set forth in the request, as | ||||||
22 | appropriate. | ||||||
23 | In the event that the school district and the parent or | ||||||
24 | student (if at least 18 years of age or emancipated) agree to a | ||||||
25 | resolution of the problem that resulted in the hearing request, | ||||||
26 | the terms of the resolution shall be committed to writing and |
| |||||||
| |||||||
1 | signed by the parent or student (if at least 18 years of age or | ||||||
2 | emancipated) and the representative of the school district with | ||||||
3 | decision-making authority. The agreement shall be legally | ||||||
4 | binding and shall be enforceable in any State or federal court | ||||||
5 | of competent jurisdiction. In the event that the parties | ||||||
6 | utilize the resolution meeting process, the process shall | ||||||
7 | continue until no later than the 30th day following the receipt | ||||||
8 | of the hearing request by the non-requesting party (or as | ||||||
9 | properly extended by order of the hearing officer) to resolve | ||||||
10 | the issues underlying the request, at which time the timeline | ||||||
11 | for completion of the impartial due process hearing shall | ||||||
12 | commence. The State Board of Education may, by rule, establish | ||||||
13 | additional procedures for the conduct of resolution meetings. | ||||||
14 | (g-25) If mutually agreed to in writing, the parties to a | ||||||
15 | hearing request may request State-sponsored mediation as a | ||||||
16 | substitute for the resolution process described in subsection | ||||||
17 | (g-20) of this Section or may utilize mediation at the close of | ||||||
18 | the resolution process if all issues underlying the hearing | ||||||
19 | request have not been resolved through the resolution process. | ||||||
20 | (g-30) If mutually agreed to in writing, the parties to a | ||||||
21 | hearing request may waive the resolution process described in | ||||||
22 | subsection (g-20) of this Section. Upon signing a written | ||||||
23 | agreement to waive the resolution process, the parties shall be | ||||||
24 | required to forward the written waiver to the hearing officer | ||||||
25 | appointed to the case within 2 business days following the | ||||||
26 | signing of the waiver by the parties. The timeline for the |
| |||||||
| |||||||
1 | impartial due process hearing shall commence on the date of the | ||||||
2 | signing of the waiver by the parties. | ||||||
3 | (g-35) The timeline for completing the impartial due | ||||||
4 | process hearing, as set forth in subsection (h) of this | ||||||
5 | Section, shall be initiated upon the occurrence of any one of | ||||||
6 | the following events: | ||||||
7 | (1) The unsuccessful completion of the resolution | ||||||
8 | process as described in subsection (g-20) of this Section. | ||||||
9 | (2) The mutual agreement of the parties to waive the | ||||||
10 | resolution process as described in subsection (g-25) or | ||||||
11 | (g-30) of this Section.
| ||||||
12 | (g-40) The hearing officer shall convene a prehearing | ||||||
13 | conference no later than 14
days before the scheduled date for | ||||||
14 | the due process hearing for the general
purpose of aiding in | ||||||
15 | the fair, orderly, and expeditious conduct of the hearing.
The | ||||||
16 | hearing officer shall provide the parties with written notice | ||||||
17 | of the
prehearing conference at least 7 days in advance of the | ||||||
18 | conference. The
written notice shall require the parties to | ||||||
19 | notify the hearing officer by a
date certain whether they | ||||||
20 | intend to participate in the prehearing conference.
The hearing | ||||||
21 | officer may conduct the prehearing conference in person or by
| ||||||
22 | telephone. Each party shall at the prehearing conference (1) | ||||||
23 | disclose whether
it is represented by legal counsel or intends | ||||||
24 | to retain legal counsel; (2) clarify
matters it believes to be | ||||||
25 | in dispute in the case and the specific relief
being sought; | ||||||
26 | (3) disclose whether there are any additional evaluations for |
| |||||||
| |||||||
1 | the student
that it intends to
introduce into the
hearing | ||||||
2 | record that have not been previously disclosed to the other | ||||||
3 | parties;
(4) disclose a list of all documents it intends to | ||||||
4 | introduce into the hearing record,
including the date and a | ||||||
5 | brief description of each document; and (5) disclose the names
| ||||||
6 | of all witnesses it intends to call to testify at the hearing. | ||||||
7 | The hearing
officer shall specify the order of presentation to | ||||||
8 | be used at the hearing. If
the
prehearing conference is held by | ||||||
9 | telephone, the parties shall transmit the
information required | ||||||
10 | in this paragraph in such a manner that it is available to
all | ||||||
11 | parties at the time of the prehearing conference. The State | ||||||
12 | Board of
Education may, by
rule, establish additional | ||||||
13 | procedures for the conduct of prehearing
conferences.
| ||||||
14 | (g-45) The
impartial due process hearing officer shall not | ||||||
15 | initiate or participate in any
ex parte communications with the | ||||||
16 | parties, except to arrange the date, time,
and location of the | ||||||
17 | prehearing conference, due process hearing, or other status | ||||||
18 | conferences convened at the discretion of the hearing officer
| ||||||
19 | and to
receive confirmation of whether a party intends to | ||||||
20 | participate in the
prehearing conference. | ||||||
21 | (g-50) The parties shall disclose and provide to each other
| ||||||
22 | any evidence which they intend to submit into the hearing | ||||||
23 | record no later than
5 days before the hearing. Any party to a | ||||||
24 | hearing has the right to prohibit
the introduction of any | ||||||
25 | evidence at the hearing that has not been disclosed to
that | ||||||
26 | party at least 5 days before the hearing. The party requesting |
| |||||||
| |||||||
1 | a hearing shall not be permitted at the hearing to raise issues | ||||||
2 | that were not raised in the party's initial or amended request, | ||||||
3 | unless otherwise permitted in this Section.
| ||||||
4 | (g-55) All reasonable efforts must be made by the parties | ||||||
5 | to present their respective cases at the hearing within a | ||||||
6 | cumulative period of 7 days. When scheduling hearing dates, the | ||||||
7 | hearing officer shall schedule the final day of the hearing no | ||||||
8 | more than 30 calendar days after the first day of the hearing | ||||||
9 | unless good cause is shown. This subsection (g-55) shall not be | ||||||
10 | applied in a manner that (i) denies any party to the hearing a | ||||||
11 | fair and reasonable allocation of time and opportunity to | ||||||
12 | present its case in its entirety or (ii) deprives any party to | ||||||
13 | the hearing of the safeguards accorded under the federal | ||||||
14 | Individuals with Disabilities Education Improvement Act of | ||||||
15 | 2004 (Public Law 108-446), regulations promulgated under the | ||||||
16 | Individuals with Disabilities Education Improvement Act of | ||||||
17 | 2004, or any other applicable law. The school district shall | ||||||
18 | present evidence that the special education needs
of the child | ||||||
19 | have been appropriately identified and that the special | ||||||
20 | education
program and related services proposed to meet the | ||||||
21 | needs of the child are
adequate, appropriate, and available. | ||||||
22 | Any party to the hearing shall have the
right to (1) be | ||||||
23 | represented
by counsel and be accompanied and advised by | ||||||
24 | individuals with special knowledge
or training with respect to | ||||||
25 | the problems of children with disabilities, at the
party's own | ||||||
26 | expense; (2) present evidence and confront and cross-examine
|
| |||||||
| |||||||
1 | witnesses; (3) move for the exclusion of witnesses from the | ||||||
2 | hearing until they
are called to testify, provided, however, | ||||||
3 | that this provision may not be
invoked to exclude the | ||||||
4 | individual designated by a party to assist that party or
its | ||||||
5 | representative in the presentation of the case; (4) obtain a | ||||||
6 | written or
electronic verbatim record of
the proceedings within | ||||||
7 | 30 days of receipt of a written request from the parents
by the | ||||||
8 | school district; and (5) obtain a written decision, including | ||||||
9 | findings
of fact and conclusions of law, within 10 days after | ||||||
10 | the conclusion of the
hearing.
If at issue, the school district | ||||||
11 | shall present evidence that it has
properly identified and | ||||||
12 | evaluated the nature and
severity of the student's suspected or | ||||||
13 | identified disability and that, if the
student has been or | ||||||
14 | should have been determined eligible for special education
and | ||||||
15 | related services, that it is providing or has offered a free | ||||||
16 | appropriate
public education to the student in the least | ||||||
17 | restrictive environment,
consistent with
procedural safeguards | ||||||
18 | and in accordance with an individualized educational
program.
| ||||||
19 | At any time prior to the conclusion of the hearing, the | ||||||
20 | impartial due
process hearing officer shall have the authority | ||||||
21 | to require additional
information and order independent | ||||||
22 | evaluations for the
student at the expense of the school | ||||||
23 | district. The State Board of Education
and the school district | ||||||
24 | shall share equally the costs of providing a written or
| ||||||
25 | electronic verbatim record of the proceedings. Any party may | ||||||
26 | request that the
due process hearing officer issue a subpoena |
| |||||||
| |||||||
1 | to compel the testimony of
witnesses or the production of | ||||||
2 | documents relevant to the
resolution of the hearing. Whenever a | ||||||
3 | person refuses to comply with any
subpoena issued under this | ||||||
4 | Section, the circuit court of the county in which
that hearing | ||||||
5 | is pending, on application of the impartial hearing officer or | ||||||
6 | the
party requesting the issuance of the subpoena, may compel | ||||||
7 | compliance through
the contempt powers of
the court in the same | ||||||
8 | manner as if the requirements of a subpoena issued by the
court | ||||||
9 | had been disobeyed.
| ||||||
10 | (h) The impartial hearing officer shall issue a written | ||||||
11 | decision, including
findings of fact and conclusions of law, | ||||||
12 | within 10 days after the
conclusion of the hearing and send by | ||||||
13 | certified mail a copy of the decision to the parents
or student | ||||||
14 | (if the student requests the hearing), the school
district, the | ||||||
15 | director of special education, legal representatives of the
| ||||||
16 | parties, and the State Board of Education. Unless the hearing | ||||||
17 | officer has
granted specific extensions of time at the request | ||||||
18 | of a party, a final
decision, including the clarification of a | ||||||
19 | decision requested under this
subsection, shall be reached and | ||||||
20 | mailed to the parties named above not later
than 45 days after | ||||||
21 | the initiation of the timeline for conducting the hearing, as | ||||||
22 | described in subsection (g-35) of this Section. The
decision | ||||||
23 | shall specify the educational and related services that shall | ||||||
24 | be
provided to the student in accordance with the student's | ||||||
25 | needs and the timeline for which the school district shall | ||||||
26 | submit evidence to the State Board of Education to demonstrate |
| |||||||
| |||||||
1 | compliance with the hearing officer's decision in the event | ||||||
2 | that the decision orders the school district to undertake | ||||||
3 | corrective action.
The hearing officer shall retain | ||||||
4 | jurisdiction for the sole purpose of
considering a request for | ||||||
5 | clarification of the final decision submitted in
writing by a | ||||||
6 | party to the impartial hearing officer within 5 days after | ||||||
7 | receipt
of the decision.
A copy of the request for | ||||||
8 | clarification shall specify the portions of the
decision for | ||||||
9 | which clarification is sought and shall be mailed to all | ||||||
10 | parties
of record and to the State Board of Education. The | ||||||
11 | request shall
operate to stay implementation of those portions | ||||||
12 | of the decision for which
clarification is sought, pending | ||||||
13 | action on the request by the hearing officer,
unless the | ||||||
14 | parties otherwise agree. The hearing officer shall issue a
| ||||||
15 | clarification of the specified portion of the decision or issue | ||||||
16 | a partial or
full denial of the request in writing within 10 | ||||||
17 | days of receipt of the request
and mail copies to all parties | ||||||
18 | to whom the decision was mailed. This
subsection does not | ||||||
19 | permit a party to request, or authorize a hearing officer
to | ||||||
20 | entertain, reconsideration of the decision itself. The statute | ||||||
21 | of
limitations for seeking review of the decision shall be | ||||||
22 | tolled from the date
the request is submitted until the date | ||||||
23 | the hearing officer acts upon the
request. The hearing | ||||||
24 | officer's decision shall be binding upon the school district
| ||||||
25 | and the parents unless a civil action is commenced.
| ||||||
26 | (i) Any party to an impartial due process hearing aggrieved |
| |||||||
| |||||||
1 | by the final
written decision of the impartial due process | ||||||
2 | hearing officer shall have the
right to commence a civil action | ||||||
3 | with respect to the issues presented in the
impartial due | ||||||
4 | process hearing. That civil action shall be brought in any
| ||||||
5 | court of competent jurisdiction within
120 days after a copy of | ||||||
6 | the
decision of the impartial due process hearing officer is | ||||||
7 | mailed to the party as
provided in
subsection (h). The civil | ||||||
8 | action authorized by this subsection shall not be
exclusive of | ||||||
9 | any rights or causes of action otherwise
available. The | ||||||
10 | commencement of a civil action under this subsection shall
| ||||||
11 | operate as a supersedeas. In any action brought under this | ||||||
12 | subsection the
Court shall receive the records of the impartial | ||||||
13 | due process hearing, shall
hear additional evidence at the | ||||||
14 | request of a party, and, basing its decision on
the | ||||||
15 | preponderance of the evidence, shall grant such relief as the | ||||||
16 | court
determines is appropriate. In any instance where a school | ||||||
17 | district willfully
disregards applicable regulations or | ||||||
18 | statutes regarding a child covered by this
Article, and which | ||||||
19 | disregard has been detrimental to the child, the school
| ||||||
20 | district shall be liable for any reasonable attorney's fees | ||||||
21 | incurred by the
parent in connection with proceedings under | ||||||
22 | this Section.
| ||||||
23 | (j) During the pendency of any administrative or judicial | ||||||
24 | proceeding
conducted
pursuant to this Section, including | ||||||
25 | mediation (if the school district or other public entity | ||||||
26 | voluntarily agrees to participate in mediation), unless the |
| |||||||
| |||||||
1 | school district and the
parents or student (if at least 18 | ||||||
2 | years of age or emancipated) otherwise agree, the student shall | ||||||
3 | remain in
his or her present educational placement and continue | ||||||
4 | in his or her present
eligibility status and special education | ||||||
5 | and related services, if any. If mediation fails to resolve the | ||||||
6 | dispute between the parties, or if the parties do not agree to | ||||||
7 | use mediation, the parent (or student if 18 years of age or | ||||||
8 | older or emancipated) shall have 10 days after the mediation | ||||||
9 | concludes , or after a party declines to use mediation, to file | ||||||
10 | a request for a due process hearing in order to continue to | ||||||
11 | invoke the "stay-put" provisions of this subsection (j). If | ||||||
12 | applying for initial admission to the
school district, the | ||||||
13 | student shall, with the consent of the parents (if the student | ||||||
14 | is not at least 18 years of age or emancipated), be placed in | ||||||
15 | the school district program until all such proceedings
have | ||||||
16 | been completed. The costs for any special education and related | ||||||
17 | services
or placement incurred following 60 school days after | ||||||
18 | the initial request for
evaluation shall be borne by the school | ||||||
19 | district if the services or placement
is in accordance with the | ||||||
20 | final determination as to the special education and
related | ||||||
21 | services or placement that must be provided to the child, | ||||||
22 | provided that
during that 60 day period there have been no | ||||||
23 | delays caused by the child's
parent. The requirements and | ||||||
24 | procedures of this subsection (j) shall be included in the | ||||||
25 | uniform notices developed by the State Superintendent under | ||||||
26 | subsection (g) of Section 14-8.02 of this Code.
|
| |||||||
| |||||||
1 | (k) Whenever the parents of a child of the type described | ||||||
2 | in
Section 14-1.02 are not known, are unavailable, or the child | ||||||
3 | is a ward of the
State, a person shall be assigned to serve as | ||||||
4 | surrogate parent for the child in
matters relating to the | ||||||
5 | identification, evaluation, and educational placement
of the | ||||||
6 | child and the provision of a free appropriate public education | ||||||
7 | to the
child. Persons shall be assigned as surrogate parents by | ||||||
8 | the State
Superintendent of Education. The State Board of | ||||||
9 | Education shall promulgate
rules and regulations establishing | ||||||
10 | qualifications of those persons and their
responsibilities and | ||||||
11 | the procedures to be followed in making assignments of
persons | ||||||
12 | as surrogate parents.
Surrogate parents shall not be employees | ||||||
13 | of the school district, an agency
created by joint agreement | ||||||
14 | under Section 10-22.31, an agency involved in the
education or | ||||||
15 | care of the student, or the State Board of Education.
Services | ||||||
16 | of any person assigned as surrogate parent shall terminate if | ||||||
17 | the
parent
becomes available unless otherwise requested by the | ||||||
18 | parents. The assignment of a person as surrogate parent at no | ||||||
19 | time
supersedes, terminates, or suspends the parents' legal | ||||||
20 | authority
relative to the child. Any person participating in | ||||||
21 | good faith as surrogate
parent on behalf of the child before | ||||||
22 | school officials or a hearing officer
shall have immunity from | ||||||
23 | civil or criminal liability that otherwise might
result by | ||||||
24 | reason of that participation, except in cases of willful and
| ||||||
25 | wanton misconduct.
| ||||||
26 | (l) At all stages of the hearing the hearing officer shall |
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| |||||||
1 | require that
interpreters be made available by the school | ||||||
2 | district for persons who are deaf
or for persons whose normally | ||||||
3 | spoken language is other than English.
| ||||||
4 | (m) If any provision of this Section or its application to | ||||||
5 | any person or
circumstance is held invalid, the invalidity of | ||||||
6 | that provision or application
does not affect other provisions | ||||||
7 | or applications of the Section that can be
given effect without | ||||||
8 | the invalid application or provision, and to this end the
| ||||||
9 | provisions of this Section are severable, unless otherwise | ||||||
10 | provided by this
Section.
| ||||||
11 | (Source: P.A. 98-383, eff. 8-16-13.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|