Bill Text: IL HB5668 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the School Code. Requires the State Board of Education and each school board to (1) ensure that students with disabilities have an equal opportunity to participate in mainstream physical education programs and try out for and, if selected, participate in mainstream athletic programs; (2) ensure the provision of all reasonable accommodations necessary to provide students with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and (3) ensure that adapted, allied, or unified physical education and athletic programs are available. Sets forth exceptions to these requirements. Contains provisions concerning a school board's duty; policies, procedures, and opportunities; compliance, technical assistance, and rulemaking.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5668 Detail]

Download: Illinois-2013-HB5668-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5668 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-80 new
Amends the School Code. Requires the State Board of Education and each school board to (1) ensure that students with disabilities have an equal opportunity to participate in mainstream physical education programs and try out for and, if selected, participate in mainstream athletic programs; (2) ensure the provision of all reasonable accommodations necessary to provide students with disabilities an equal opportunity to participate, to the fullest extent possible, in mainstream physical education and mainstream athletic programs; and (3) ensure that adapted, allied, or unified physical education and athletic programs are available. Sets forth exceptions to these requirements. Contains provisions concerning a school board's duty; policies, procedures, and opportunities; compliance, technical assistance, and rulemaking.
LRB098 18745 NHT 53888 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB5668 LRB098 18745 NHT 53888 b
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 Section
22-80 as follows:
(105 ILCS 5/22-80 new)
Sec. 22-80. Fitness and athletic equity for students with
disabilities.
(a) In this Section:
"Adapted program" means a program that is developed for a
student with a disability.
"Allied program" or "unified program" means a program that
is specifically designed to combine groups of students with and
without disabilities together in physical activity.
"Mainstream athletic program" means an intramural or
interscholastic athletic activity that is developed and
offered to students in accordance with criteria established by
the State Board of Education.
"Mainstream physical education program" means a physical
education program that is developed and offered to students in
accordance with criteria established by the State Board of
Education.
"Student with a disability" means a student who meets the

HB5668 - 2 - LRB098 18745 NHT 53888 b
definition of a handicapped person under 45 CFR 84.3(j).
(b) A school board must be in compliance with the
provisions of this Section as expeditiously as possible, but no
later than 3 years after the effective date of this amendatory
Act of the 98th General Assembly.
(c) Subject to subsection (d) of this Section, the State
Board of Education and each school board shall:
(1) ensure that students with disabilities have an
equal opportunity to:
(A) participate in mainstream physical education
programs; and
(B) try out for and, if selected, participate in
mainstream athletic programs;
(2) ensure the provision of all reasonable
accommodations necessary to provide students with
disabilities an equal opportunity to participate, to the
fullest extent possible, in mainstream physical education
and mainstream athletic programs; and
(3) ensure that adapted, allied, or unified physical
education and athletic programs are available.
(d) An exception to the requirements under subsection (c)
of this Section may be made when the inclusion of a student:
(1) presents an objective safety risk to the student or
to others, based on an individualized assessment of the
student; or
(2) fundamentally alters the nature of the school's

HB5668 - 3 - LRB098 18745 NHT 53888 b
mainstream physical education or mainstream athletic
program.
(e) The provision of adapted, allied, or unified programs
for students with disabilities does not mitigate the duty of a
school board to provide an individual student with a disability
an equal opportunity to be fully included in mainstream
physical education and mainstream athletic programs.
(f) A school board shall:
(1) develop policies and procedures to promote and
protect the inclusion of students with disabilities into
mainstream physical education and mainstream athletic
programs; and
(2) provide the opportunity for students with
disabilities to participate in extracurricular or
interscholastic competition, as demonstrated by:
(A) equivalent opportunities for participation in
extracurricular or interscholastic athletic programs;
or
(B) evidence indicating that the interests and
abilities of students with disabilities have been
fully and effectively accommodated by the school
board's implemented programs.
The State Board of Education shall adopt a model policy to
assist a school board with the implementation of this Section.
(g) The State Board of Education shall monitor the
compliance of school boards with the provisions of this

HB5668 - 4 - LRB098 18745 NHT 53888 b
Section. The State Board of Education may investigate and take
corrective action in response to complaints from parents,
guardians, or legal representatives of students with
disabilities who allege a violation of the provisions of this
Section.
(h) On or before May 15 of each year, each school board
shall submit to the State Board of Education a report of the
school system's compliance with the provisions of this Section.
The first annual report completed by a school board shall
include:
(1) the number of students with disabilities that
participate in the school system's mainstream physical
education or mainstream athletic programs; and
(2) a description of plans by the school board to
affirmatively engage students with disabilities in
mainstream physical education or mainstream athletic
programs.
Subsequent reports submitted by a school board shall be
consistent with rules adopted by the State Board of Education.
On or before May 1 of each year, the State Board of
Education shall submit to the General Assembly a report of
compliance with the provisions of this Section.
(i) The State Board of Education shall provide technical
assistance to school boards concerning the provisions of this
Section.
(j) The State Board of Education shall adopt rules as

HB5668 - 5 - LRB098 18745 NHT 53888 b
necessary to implement this Section.