Bill Text: IL HB4203 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Elimination of Racially Derogatory Language Act. Provides that no public body may display any racially derogatory language, including racial slurs, within its building, on its property, or at a public meeting at any time.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2022-03-25 - Rule 3-9(a) / Re-referred to Assignments [HB4203 Detail]
Download: Illinois-2021-HB4203-Introduced.html
Bill Title: Creates the Elimination of Racially Derogatory Language Act. Provides that no public body may display any racially derogatory language, including racial slurs, within its building, on its property, or at a public meeting at any time.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2022-03-25 - Rule 3-9(a) / Re-referred to Assignments [HB4203 Detail]
Download: Illinois-2021-HB4203-Introduced.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,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Sections | ||||||||||||||||||||||||||||
5 | 10-20.82 and 34-18.77 and by changing Section 14-6.01 as | ||||||||||||||||||||||||||||
6 | follows:
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7 | (105 ILCS 5/10-20.82 new) | ||||||||||||||||||||||||||||
8 | Sec. 10-20.82. Additional services for certain students | ||||||||||||||||||||||||||||
9 | experiencing trauma. | ||||||||||||||||||||||||||||
10 | (a) A school district must provide additional | ||||||||||||||||||||||||||||
11 | instructional services, support, or special accommodations to | ||||||||||||||||||||||||||||
12 | a student if the student's school determines that: | ||||||||||||||||||||||||||||
13 | (1) the student suffers from trauma related to the | ||||||||||||||||||||||||||||
14 | student experiencing the death of a sibling, parent, | ||||||||||||||||||||||||||||
15 | guardian, or household member by suicide or homicide or | ||||||||||||||||||||||||||||
16 | from trauma caused by domestic violence or abuse; | ||||||||||||||||||||||||||||
17 | (2) the trauma interferes with the student's ability | ||||||||||||||||||||||||||||
18 | to learn and to participate in the learning environment; | ||||||||||||||||||||||||||||
19 | and | ||||||||||||||||||||||||||||
20 | (3) the student does not qualify for either an | ||||||||||||||||||||||||||||
21 | individualized education program (IEP) under the federal | ||||||||||||||||||||||||||||
22 | Individuals with Disabilities Education Act or for | ||||||||||||||||||||||||||||
23 | services under Section 504 of the federal Rehabilitation |
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1 | Act of 1973. | ||||||
2 | (b) At the request of the parent or guardian of a student | ||||||
3 | who has experienced an event described under paragraph (1) of | ||||||
4 | subsection (a) and who may be at risk of academic failure or if | ||||||
5 | school personnel identify that a student's overall academic | ||||||
6 | performance and participation in the learning environment has | ||||||
7 | declined following the student experiencing an event described | ||||||
8 | under paragraph (1) of subsection (a) and the student may be at | ||||||
9 | risk of academic failure, the school district shall perform an | ||||||
10 | evaluation to assess whether the student may benefit from | ||||||
11 | additional instructional services, support, or special | ||||||
12 | accommodations. The evaluation of the student shall be | ||||||
13 | performed by appropriate school personnel, which may include | ||||||
14 | school counselors, school psychologists, school social | ||||||
15 | workers, school administrators, and educators with knowledge | ||||||
16 | of the student or the student's academic performance prior to | ||||||
17 | the student experiencing an event described under paragraph | ||||||
18 | (1) of subsection (a). | ||||||
19 | If the school determines from the evaluation that the | ||||||
20 | student requires additional instructional services, support, | ||||||
21 | or special accommodations, the school district shall develop | ||||||
22 | and implement a plan to provide to the student additional | ||||||
23 | instructional services, support, or special accommodations | ||||||
24 | based on the individual needs of the student. Additional | ||||||
25 | instructional services, support, or special accommodations | ||||||
26 | provided to a student may include accommodations with testing, |
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1 | supplementary aids, school counseling services, additional | ||||||
2 | assistance with homework, or modifications to the student's | ||||||
3 | learning environment. The plan may be modified as necessary | ||||||
4 | according to the needs of the student. | ||||||
5 | (c) A plan developed under subsection (b) shall remain in | ||||||
6 | place until the student (i) is no longer enrolled in the school | ||||||
7 | district or (ii) has demonstrated such significant and | ||||||
8 | sustained progress and improvement in academic performance | ||||||
9 | that the student no longer requires the additional | ||||||
10 | instructional services, support, or special accommodations | ||||||
11 | provided under the plan.
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12 | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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13 | Sec. 14-6.01. Powers and duties of school boards. School | ||||||
14 | boards of
one or more school districts establishing and | ||||||
15 | maintaining any of the
educational facilities described in | ||||||
16 | this Article shall, in connection
therewith, exercise similar | ||||||
17 | powers and duties as are prescribed by law
for the | ||||||
18 | establishment, maintenance, and management of other recognized
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19 | educational facilities. Such school boards shall include only | ||||||
20 | eligible
children in the program and shall comply with all the | ||||||
21 | requirements of
this Article and all rules and regulations | ||||||
22 | established by the State
Board of Education. Such school | ||||||
23 | boards shall accept in part-time
attendance children with | ||||||
24 | disabilities of the types
described in Sections
14-1.02 | ||||||
25 | through 14-1.07 who are enrolled in nonpublic schools. A
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1 | request for part-time attendance must be submitted by a parent | ||||||
2 | or
guardian of the child with a disability and may be made
only | ||||||
3 | to those public
schools located in the district where the | ||||||
4 | child attending the nonpublic
school resides; however, nothing | ||||||
5 | in this Section shall be construed as
prohibiting an agreement | ||||||
6 | between the district where the child resides
and another | ||||||
7 | public school district to provide special educational
services | ||||||
8 | if such an arrangement is deemed more convenient and
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9 | economical. Special education and related services must be | ||||||
10 | provided in accordance with the student's IEP no later than 10 | ||||||
11 | school attendance days after notice is provided to the parents | ||||||
12 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
13 | Regulations and implementing rules adopted by the State Board | ||||||
14 | of Education. Transportation for students in part time | ||||||
15 | attendance shall be
provided only if required in the child's | ||||||
16 | individualized educational program
on the basis of the child's | ||||||
17 | disabling condition or as the
special education
program | ||||||
18 | location may require.
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19 | A Beginning with the 2019-2020 school year, a school board | ||||||
20 | shall post on its Internet website, if any, and incorporate | ||||||
21 | into its student handbook or newsletter notice that students | ||||||
22 | with disabilities who do not qualify for an individualized | ||||||
23 | education program, as required by the federal Individuals with | ||||||
24 | Disabilities Education Act and implementing provisions of this | ||||||
25 | Code, may qualify for services under Section 504 of the | ||||||
26 | federal Rehabilitation Act of 1973 if the child (i) has a |
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1 | physical or mental impairment that substantially limits one or | ||||||
2 | more major life activities, (ii) has a record of a physical or | ||||||
3 | mental impairment, or (iii) is regarded as having a physical | ||||||
4 | or mental impairment , or (iv) beginning with the 2022-2023 | ||||||
5 | school year, is a student who is at least 3 years old or older | ||||||
6 | and under 22 years old and who has experienced the death of a | ||||||
7 | sibling, parent, guardian, or household member by suicide or | ||||||
8 | homicide or suffers from trauma caused by domestic violence or | ||||||
9 | abuse . Such notice shall identify the location and
phone | ||||||
10 | number of the office or agent of the school district to whom
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11 | inquiries should be directed regarding the identification, | ||||||
12 | assessment and
placement of such children.
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13 | For a school district organized under Article 34 only, | ||||||
14 | beginning with the 2019-2020 school year, the school district | ||||||
15 | shall, in collaboration with its primary office overseeing | ||||||
16 | special education, publish on the school district's publicly | ||||||
17 | available website any proposed changes to its special | ||||||
18 | education policies, directives, guidelines, or procedures that | ||||||
19 | impact the provision of educational or related services to | ||||||
20 | students with disabilities or the procedural safeguards | ||||||
21 | afforded to students with disabilities or their parents or | ||||||
22 | guardians made by the school district or school board. Any | ||||||
23 | policy, directive, guideline, or procedural change that | ||||||
24 | impacts those provisions or safeguards that is authorized by | ||||||
25 | the school district's primary office overseeing special | ||||||
26 | education or any other administrative office of the school |
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1 | district must be published on the school district's publicly | ||||||
2 | available website no later than 45 days before the adoption of | ||||||
3 | that change. Any policy directive, guideline, or procedural | ||||||
4 | change that impacts those provisions or safeguards that is | ||||||
5 | authorized by the school board must be published on the school | ||||||
6 | district's publicly available website no later than 30 days | ||||||
7 | before the date of presentation to the school board for | ||||||
8 | adoption. The school district's website must allow for virtual | ||||||
9 | public comments on proposed special education policy, | ||||||
10 | directive, guideline, or procedural changes that impact the | ||||||
11 | provision of educational or related services to students with | ||||||
12 | disabilities or the procedural safeguards afforded to students | ||||||
13 | with disabilities or their parents or guardians from the date | ||||||
14 | of the notification of the proposed change on the website | ||||||
15 | until the date the change is adopted by the school district or | ||||||
16 | until the date the change is presented to the school board for | ||||||
17 | adoption. After the period for public comment is closed, the | ||||||
18 | school district must maintain all public comments for a period | ||||||
19 | of not less than 2 years from the date the special education | ||||||
20 | change is adopted. The public comments are subject to the | ||||||
21 | Freedom of Information Act. The school board shall, at a | ||||||
22 | minimum, advertise the notice of the change and availability | ||||||
23 | for public comment on its website. The State Board of | ||||||
24 | Education may add additional reporting requirements for the | ||||||
25 | district beyond policy, directive, guideline, or procedural | ||||||
26 | changes that impact the provision of educational or related |
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1 | services to students with disabilities or the procedural | ||||||
2 | safeguards afforded to students with disabilities or their | ||||||
3 | parents or guardians if the State Board determines it is in the | ||||||
4 | best interest of the students enrolled in the district | ||||||
5 | receiving special education services. | ||||||
6 | School boards shall immediately provide upon request by | ||||||
7 | any person
written materials and other information that | ||||||
8 | indicates the specific
policies, procedures, rules and | ||||||
9 | regulations regarding the identification,
evaluation or | ||||||
10 | educational placement of children with
disabilities under | ||||||
11 | Section
14-8.02 of the School Code. Such information shall | ||||||
12 | include information
regarding all rights and entitlements of | ||||||
13 | such children under this Code, and
of the opportunity to | ||||||
14 | present complaints with respect to any matter
relating to | ||||||
15 | educational placement of the student, or the provision of a
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16 | free appropriate public education and to have an impartial due | ||||||
17 | process
hearing on the complaint. The notice shall inform the | ||||||
18 | parents or guardian
in the parents' or guardian's native | ||||||
19 | language, unless it is clearly not
feasible to do so, of their | ||||||
20 | rights and all procedures available pursuant to
this Act and | ||||||
21 | federal Public Law 94-142; it shall be the responsibility of
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22 | the State Superintendent to develop uniform notices setting | ||||||
23 | forth the
procedures available under this Act and federal | ||||||
24 | Public Law 94-142, as
amended, to be used by all school boards. | ||||||
25 | The notice shall also inform the
parents or guardian of the | ||||||
26 | availability upon request of a list of free or
low-cost legal |
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1 | and other relevant services available locally to assist
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2 | parents or guardians in exercising rights or entitlements | ||||||
3 | under this Code. For a school district organized under Article | ||||||
4 | 34 only, the school district must make the entirety of its | ||||||
5 | special education Procedural Manual and any other guidance | ||||||
6 | documents pertaining to special education publicly available, | ||||||
7 | in print and on the school district's website, in both English | ||||||
8 | and Spanish. Upon request, the school district must make the | ||||||
9 | Procedural Manual and other guidance documents available in | ||||||
10 | print in any other language and accessible for individuals | ||||||
11 | with disabilities.
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12 | Any parent or guardian who is deaf, or does not normally | ||||||
13 | communicate
using spoken English, who participates in a | ||||||
14 | meeting with a representative
of a local educational agency | ||||||
15 | for the purposes of developing an
individualized educational | ||||||
16 | program shall be entitled to the services of
an interpreter.
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17 | No student with a disability or, in a school district | ||||||
18 | organized under Article 34 of this Code, child with a learning | ||||||
19 | disability may be denied promotion,
graduation or a general
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20 | diploma on the basis of failing a minimal competency test when | ||||||
21 | such failure
can be directly related to the disabling
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22 | condition of the student. For the
purpose of this Act, | ||||||
23 | "minimal competency testing" is defined as tests which
are | ||||||
24 | constructed to measure the acquisition of skills to or beyond | ||||||
25 | a certain
defined standard.
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26 | Effective July 1, 1966, high school districts are |
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1 | financially
responsible for the education of pupils with | ||||||
2 | disabilities who
are residents in their
districts when such | ||||||
3 | pupils have reached age 15 but may admit
children with | ||||||
4 | disabilities into special educational facilities without
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5 | regard to graduation
from the eighth grade after such pupils | ||||||
6 | have reached the age of 14 1/2 years.
Upon a pupil with a | ||||||
7 | disability attaining the age of 14 1/2 years,
it shall be
the | ||||||
8 | duty of the elementary school district in which the pupil | ||||||
9 | resides to
notify the high school district in which the pupil | ||||||
10 | resides of the pupil's
current eligibility for special | ||||||
11 | education services, of the pupil's current
program, and of all | ||||||
12 | evaluation data upon which the current program is
based. After | ||||||
13 | an examination of that information the high school district
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14 | may accept the current placement and all subsequent timelines | ||||||
15 | shall be
governed by the current individualized educational | ||||||
16 | program; or the high
school district may elect to conduct its | ||||||
17 | own evaluation and
multidisciplinary staff conference and | ||||||
18 | formulate its own individualized
educational program, in which | ||||||
19 | case the procedures and timelines contained
in Section 14-8.02 | ||||||
20 | shall apply.
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21 | (Source: P.A. 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18; | ||||||
22 | 101-515, eff. 8-23-19.)
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23 | (105 ILCS 5/34-18.77 new) | ||||||
24 | Sec. 34-18.77. Additional services for certain students | ||||||
25 | experiencing trauma. |
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1 | (a) The school district must provide additional | ||||||
2 | instructional services, support, or special accommodations to | ||||||
3 | a student if the student's school determines that: | ||||||
4 | (1) the student suffers from trauma related to the | ||||||
5 | student experiencing the death of a sibling, parent, | ||||||
6 | guardian, or household member by suicide or homicide or | ||||||
7 | from trauma caused by domestic violence or abuse; | ||||||
8 | (2) the trauma interferes with the student's ability | ||||||
9 | to learn and to participate in the learning environment; | ||||||
10 | and | ||||||
11 | (3) the student does not qualify for either an | ||||||
12 | individualized education program (IEP) under the federal | ||||||
13 | Individuals with Disabilities Education Act or for | ||||||
14 | services under Section 504 of the federal Rehabilitation | ||||||
15 | Act of 1973. | ||||||
16 | (b) At the request of the parent or guardian of a student | ||||||
17 | who has experienced an event described under paragraph (1) of | ||||||
18 | subsection (a) and who may be at risk of academic failure or if | ||||||
19 | school personnel identify that a student's overall academic | ||||||
20 | performance and participation in the learning environment has | ||||||
21 | declined following the student experiencing an event described | ||||||
22 | under paragraph (1) of subsection (a) and the student may be at | ||||||
23 | risk of academic failure, the school district shall perform an | ||||||
24 | evaluation to assess whether the student may benefit from | ||||||
25 | additional instructional services, support, or special | ||||||
26 | accommodations. The evaluation of the student shall be |
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1 | performed by appropriate school personnel, which may include | ||||||
2 | school counselors, school psychologists, school social | ||||||
3 | workers, school administrators, and educators with knowledge | ||||||
4 | of the student or the student's academic performance prior to | ||||||
5 | the student experiencing an event described under paragraph | ||||||
6 | (1) of subsection (a). | ||||||
7 | If the school determines from the evaluation that the | ||||||
8 | student requires additional instructional services, support, | ||||||
9 | or special accommodations, the school district shall develop | ||||||
10 | and implement a plan to provide to the student additional | ||||||
11 | instructional services, support, or special accommodations | ||||||
12 | based on the individual needs of the student. Additional | ||||||
13 | instructional services, support, or special accommodations | ||||||
14 | provided to a student may include accommodations with testing, | ||||||
15 | supplementary aids, school counseling services, additional | ||||||
16 | assistance with homework, or modifications to the student's | ||||||
17 | learning environment. The plan may be modified as necessary | ||||||
18 | according to the needs of the student. | ||||||
19 | (c) A plan developed under subsection (b) shall remain in | ||||||
20 | place until the student (i) is no longer enrolled in the school | ||||||
21 | district or (ii) has demonstrated such significant and | ||||||
22 | sustained progress and improvement in academic performance | ||||||
23 | that the student no longer requires the additional | ||||||
24 | instructional services, support, or special accommodations | ||||||
25 | provided under the plan.
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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