Bill Text: IL HB5901 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Children with Disabilities Article of the School Code. For the Chicago school district only, requires the school district to refer any student in grade 3 for an individualized education program evaluation if the student is not reading at a grade 3 level. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5901 Detail]
Download: Illinois-2017-HB5901-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 changing Section | |||||||||||||||||||
5 | 14-8.02 as follows:
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6 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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7 | Sec. 14-8.02. Identification, evaluation , and placement of | |||||||||||||||||||
8 | children.
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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. For a | |||||||||||||||||||
14 | school district organized under Article 34 of this Code only, a | |||||||||||||||||||
15 | school district must refer any student in grade 3 for an | |||||||||||||||||||
16 | individualized education program evaluation if the student is | |||||||||||||||||||
17 | not reading at a grade 3 level. The State Board of Education | |||||||||||||||||||
18 | shall require local school
districts to administer | |||||||||||||||||||
19 | non-discriminatory procedures or tests to
English learners | |||||||||||||||||||
20 | coming from homes in which a language
other than English is | |||||||||||||||||||
21 | used to determine their eligibility to receive special
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22 | education. The placement of low English proficiency students in | |||||||||||||||||||
23 | special
education programs and facilities shall be made in |
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1 | accordance with the test
results reflecting the student's | ||||||
2 | linguistic, cultural and special education
needs. For purposes | ||||||
3 | of determining the eligibility of children the State
Board of | ||||||
4 | Education shall include in the rules definitions of "case | ||||||
5 | study",
"staff conference", "individualized educational | ||||||
6 | program", and "qualified
specialist" appropriate to each | ||||||
7 | category of children with
disabilities as defined in
this | ||||||
8 | Article. For purposes of determining the eligibility of | ||||||
9 | children from
homes in which a language other than English is | ||||||
10 | used, the State Board of
Education shall include in the rules
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11 | definitions for "qualified bilingual specialists" and | ||||||
12 | "linguistically and
culturally appropriate individualized | ||||||
13 | educational programs". For purposes of this
Section, as well as | ||||||
14 | Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
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15 | "parent" means a parent as defined in the federal Individuals | ||||||
16 | with Disabilities Education Act (20 U.S.C. 1401(23)).
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17 | (b) No child shall be eligible for special education | ||||||
18 | facilities except
with a carefully completed case study fully | ||||||
19 | reviewed by professional
personnel in a multidisciplinary | ||||||
20 | staff conference and only upon the
recommendation of qualified | ||||||
21 | specialists or a qualified bilingual specialist, if
available. | ||||||
22 | At the conclusion of the multidisciplinary staff conference, | ||||||
23 | the
parent of the child shall be given a copy of the | ||||||
24 | multidisciplinary
conference summary report and | ||||||
25 | recommendations, which includes options
considered, and be | ||||||
26 | informed of their right to obtain an independent educational
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1 | evaluation if they disagree with the evaluation findings | ||||||
2 | conducted or obtained
by the school district. If the school | ||||||
3 | district's evaluation is shown to be
inappropriate, the school | ||||||
4 | district shall reimburse the parent for the cost of
the | ||||||
5 | independent evaluation. The State Board of Education shall, | ||||||
6 | with advice
from the State Advisory Council on Education of | ||||||
7 | Children with
Disabilities on the
inclusion of specific | ||||||
8 | independent educational evaluators, prepare a list of
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9 | suggested independent educational evaluators. The State Board | ||||||
10 | of Education
shall include on the list clinical psychologists | ||||||
11 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
12 | Such psychologists shall not be paid fees
in excess of the | ||||||
13 | amount that would be received by a school psychologist for
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14 | performing the same services. The State Board of Education | ||||||
15 | shall supply school
districts with such list and make the list | ||||||
16 | available to parents at their
request. School districts shall | ||||||
17 | make the list available to parents at the time
they are | ||||||
18 | informed of their right to obtain an independent educational
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19 | evaluation. However, the school district may initiate an | ||||||
20 | impartial
due process hearing under this Section within 5 days | ||||||
21 | of any written parent
request for an independent educational | ||||||
22 | evaluation to show that
its evaluation is appropriate. If the | ||||||
23 | final decision is that the evaluation
is appropriate, the | ||||||
24 | parent still has a right to an independent educational
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25 | evaluation, but not at public expense. An independent | ||||||
26 | educational
evaluation at public expense must be completed |
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1 | within 30 days of a parent
written request unless the school | ||||||
2 | district initiates an
impartial due process hearing or the | ||||||
3 | parent or school district
offers reasonable grounds to show | ||||||
4 | that such 30 day time period should be
extended. If the due | ||||||
5 | process hearing decision indicates that the parent is entitled | ||||||
6 | to an independent educational evaluation, it must be
completed | ||||||
7 | within 30 days of the decision unless the parent or
the school | ||||||
8 | district offers reasonable grounds to show that such 30 day
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9 | period should be extended. If a parent disagrees with the | ||||||
10 | summary report or
recommendations of the multidisciplinary | ||||||
11 | conference or the findings of any
educational evaluation which | ||||||
12 | results therefrom, the school
district shall not proceed with a | ||||||
13 | placement based upon such evaluation and
the child shall remain | ||||||
14 | in his or her regular classroom setting.
No child shall be | ||||||
15 | eligible for admission to a
special class for children with a | ||||||
16 | mental disability who are educable or for children with a | ||||||
17 | mental disability who are trainable except with a psychological | ||||||
18 | evaluation
and
recommendation by a school psychologist. | ||||||
19 | Consent shall be obtained from
the parent of a child before any | ||||||
20 | evaluation is conducted.
If consent is not given by the parent | ||||||
21 | or if the parent disagrees with the findings of the evaluation, | ||||||
22 | then the school
district may initiate an impartial due process | ||||||
23 | hearing under this Section.
The school district may evaluate | ||||||
24 | the child if that is the decision
resulting from the impartial | ||||||
25 | due process hearing and the decision is not
appealed or if the | ||||||
26 | decision is affirmed on appeal.
The determination of |
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1 | eligibility shall be made and the IEP meeting shall be | ||||||
2 | completed within 60 school days
from the date of written | ||||||
3 | parental consent. In those instances when written parental | ||||||
4 | consent is obtained with fewer than 60 pupil attendance days | ||||||
5 | left in the school year,
the eligibility determination shall be | ||||||
6 | made and the IEP meeting shall be completed prior to the first | ||||||
7 | day of the
following school year. Special education and related | ||||||
8 | services must be provided in accordance with the student's IEP | ||||||
9 | no later than 10 school attendance days after notice is | ||||||
10 | provided to the parents pursuant to Section 300.503 of Title 34 | ||||||
11 | of the Code of Federal Regulations and implementing rules | ||||||
12 | adopted by the State Board of Education. The appropriate
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13 | program pursuant to the individualized educational program of | ||||||
14 | students
whose native tongue is a language other than English | ||||||
15 | shall reflect the
special education, cultural and linguistic | ||||||
16 | needs. No later than September
1, 1993, the State Board of | ||||||
17 | Education shall establish standards for the
development, | ||||||
18 | implementation and monitoring of appropriate bilingual special
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19 | individualized educational programs. The State Board of | ||||||
20 | Education shall
further incorporate appropriate monitoring | ||||||
21 | procedures to verify implementation
of these standards. The | ||||||
22 | district shall indicate to the parent and
the State Board of | ||||||
23 | Education the nature of the services the child will receive
for | ||||||
24 | the regular school term while waiting placement in the | ||||||
25 | appropriate special
education class.
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26 | If the child is deaf, hard of hearing, blind, or visually |
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1 | impaired and
he or she might be eligible to receive services | ||||||
2 | from the Illinois School for
the Deaf or the Illinois School | ||||||
3 | for the Visually Impaired, the school
district shall notify the | ||||||
4 | parents, in writing, of the existence of
these schools
and the | ||||||
5 | services
they provide and shall make a reasonable effort to | ||||||
6 | inform the parents of the existence of other, local schools | ||||||
7 | that provide similar services and the services that these other | ||||||
8 | schools provide. This notification
shall
include without | ||||||
9 | limitation information on school services, school
admissions | ||||||
10 | criteria, and school contact information.
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11 | In the development of the individualized education program | ||||||
12 | for a student who has a disability on the autism spectrum | ||||||
13 | (which includes autistic disorder, Asperger's disorder, | ||||||
14 | pervasive developmental disorder not otherwise specified, | ||||||
15 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
16 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
17 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
18 | consider all of the following factors: | ||||||
19 | (1) The verbal and nonverbal communication needs of the | ||||||
20 | child. | ||||||
21 | (2) The need to develop social interaction skills and | ||||||
22 | proficiencies. | ||||||
23 | (3) The needs resulting from the child's unusual | ||||||
24 | responses to sensory experiences. | ||||||
25 | (4) The needs resulting from resistance to | ||||||
26 | environmental change or change in daily routines. |
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1 | (5) The needs resulting from engagement in repetitive | ||||||
2 | activities and stereotyped movements. | ||||||
3 | (6) The need for any positive behavioral | ||||||
4 | interventions, strategies, and supports to address any | ||||||
5 | behavioral difficulties resulting from autism spectrum | ||||||
6 | disorder. | ||||||
7 | (7) Other needs resulting from the child's disability | ||||||
8 | that impact progress in the general curriculum, including | ||||||
9 | social and emotional development. | ||||||
10 | Public Act 95-257
does not create any new entitlement to a | ||||||
11 | service, program, or benefit, but must not affect any | ||||||
12 | entitlement to a service, program, or benefit created by any | ||||||
13 | other law.
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14 | If the student may be eligible to participate in the | ||||||
15 | Home-Based Support
Services Program for Adults with Mental | ||||||
16 | Disabilities authorized under the
Developmental Disability and | ||||||
17 | Mental Disability Services Act upon becoming an
adult, the | ||||||
18 | student's individualized education program shall include plans | ||||||
19 | for
(i) determining the student's eligibility for those | ||||||
20 | home-based services, (ii)
enrolling the student in the program | ||||||
21 | of home-based services, and (iii)
developing a plan for the | ||||||
22 | student's most effective use of the home-based
services after | ||||||
23 | the student becomes an adult and no longer receives special
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24 | educational services under this Article. The plans developed | ||||||
25 | under this
paragraph shall include specific actions to be taken | ||||||
26 | by specified individuals,
agencies, or officials.
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1 | (c) In the development of the individualized education | ||||||
2 | program for a
student who is functionally blind, it shall be | ||||||
3 | presumed that proficiency in
Braille reading and writing is | ||||||
4 | essential for the student's satisfactory
educational progress. | ||||||
5 | For purposes of this subsection, the State Board of
Education | ||||||
6 | shall determine the criteria for a student to be classified as
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7 | functionally blind. Students who are not currently identified | ||||||
8 | as
functionally blind who are also entitled to Braille | ||||||
9 | instruction include:
(i) those whose vision loss is so severe | ||||||
10 | that they are unable to read and
write at a level comparable to | ||||||
11 | their peers solely through the use of
vision, and (ii) those | ||||||
12 | who show evidence of progressive vision loss that
may result in | ||||||
13 | functional blindness. Each student who is functionally blind
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14 | shall be entitled to Braille reading and writing instruction | ||||||
15 | that is
sufficient to enable the student to communicate with | ||||||
16 | the same level of
proficiency as other students of comparable | ||||||
17 | ability. Instruction should be
provided to the extent that the | ||||||
18 | student is physically and cognitively able
to use Braille. | ||||||
19 | Braille instruction may be used in combination with other
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20 | special education services appropriate to the student's | ||||||
21 | educational needs.
The assessment of each student who is | ||||||
22 | functionally blind for the purpose of
developing the student's | ||||||
23 | individualized education program shall include
documentation | ||||||
24 | of the student's strengths and weaknesses in Braille skills.
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25 | Each person assisting in the development of the individualized | ||||||
26 | education
program for a student who is functionally blind shall |
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1 | receive information
describing the benefits of Braille | ||||||
2 | instruction. The individualized
education program for each | ||||||
3 | student who is functionally blind shall
specify the appropriate | ||||||
4 | learning medium or media based on the assessment
report.
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5 | (d) To the maximum extent appropriate, the placement shall | ||||||
6 | provide the
child with the opportunity to be educated with | ||||||
7 | children who do not have a disability; provided that children | ||||||
8 | with
disabilities who are recommended to be
placed into regular | ||||||
9 | education classrooms are provided with supplementary
services | ||||||
10 | to assist the children with disabilities to benefit
from the | ||||||
11 | regular
classroom instruction and are included on the teacher's | ||||||
12 | regular education class
register. Subject to the limitation of | ||||||
13 | the preceding sentence, placement in
special classes, separate | ||||||
14 | schools or other removal of the child with a disability
from | ||||||
15 | the regular educational environment shall occur only when the | ||||||
16 | nature of
the severity of the disability is such that education | ||||||
17 | in the
regular classes with
the use of supplementary aids and | ||||||
18 | services cannot be achieved satisfactorily.
The placement of | ||||||
19 | English learners with disabilities shall
be in non-restrictive | ||||||
20 | environments which provide for integration with
peers who do | ||||||
21 | not have disabilities in bilingual classrooms. Annually, each | ||||||
22 | January, school districts shall report data on students from | ||||||
23 | non-English
speaking backgrounds receiving special education | ||||||
24 | and related services in
public and private facilities as | ||||||
25 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
26 | between parties involved regarding the special education
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1 | placement of any child, either in-state or out-of-state, the | ||||||
2 | placement is
subject to impartial due process procedures | ||||||
3 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
4 | the Administration and Operation of Special
Education.
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5 | (e) No child who comes from a home in which a language | ||||||
6 | other than English
is the principal language used may be | ||||||
7 | assigned to any class or program
under this Article until he | ||||||
8 | has been given, in the principal language
used by the child and | ||||||
9 | used in his home, tests reasonably related to his
cultural | ||||||
10 | environment. All testing and evaluation materials and | ||||||
11 | procedures
utilized for evaluation and placement shall not be | ||||||
12 | linguistically, racially or
culturally discriminatory.
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13 | (f) Nothing in this Article shall be construed to require | ||||||
14 | any child to
undergo any physical examination or medical | ||||||
15 | treatment whose parents object thereto on the grounds that such | ||||||
16 | examination or
treatment conflicts with his religious beliefs.
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17 | (g) School boards or their designee shall provide to the | ||||||
18 | parents of a child prior written notice of any decision (a) | ||||||
19 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
20 | change, the
identification, evaluation, or educational | ||||||
21 | placement of the child or the
provision of a free appropriate | ||||||
22 | public education to their child, and the
reasons therefor. Such | ||||||
23 | written notification shall also inform the
parent of the | ||||||
24 | opportunity to present complaints with respect
to any matter | ||||||
25 | relating to the educational placement of the student, or
the | ||||||
26 | provision of a free appropriate public education and to have an
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1 | impartial due process hearing on the complaint. The notice | ||||||
2 | shall inform
the parents in the parents' native language,
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3 | unless it is clearly not feasible to do so, of their rights and | ||||||
4 | all
procedures available pursuant to this Act and the federal | ||||||
5 | Individuals with Disabilities Education Improvement Act of | ||||||
6 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
7 | the State Superintendent to develop
uniform notices setting | ||||||
8 | forth the procedures available under this Act
and the federal | ||||||
9 | Individuals with Disabilities Education Improvement Act of | ||||||
10 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
11 | notice
shall also inform the parents of the availability upon
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12 | request of a list of free or low-cost legal and other relevant | ||||||
13 | services
available locally to assist parents in initiating an
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14 | impartial due process hearing. The State Superintendent shall | ||||||
15 | revise the uniform notices required by this subsection (g) to | ||||||
16 | reflect current law and procedures at least once every 2 years. | ||||||
17 | Any parent who is deaf, or
does not normally communicate using | ||||||
18 | spoken English, who participates in
a meeting with a | ||||||
19 | representative of a local educational agency for the
purposes | ||||||
20 | of developing an individualized educational program shall be
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21 | entitled to the services of an interpreter.
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22 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
23 | professional" means an individual who holds credentials to | ||||||
24 | evaluate the child in the domain or domains for which an | ||||||
25 | evaluation is sought or an intern working under the direct | ||||||
26 | supervision of a qualified professional, including a master's |
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1 | or doctoral degree candidate. | ||||||
2 | To ensure that a parent can participate fully and | ||||||
3 | effectively with school personnel in the development of | ||||||
4 | appropriate educational and related services for his or her | ||||||
5 | child, the parent, an independent educational evaluator, or a | ||||||
6 | qualified professional retained by or on behalf of a parent or | ||||||
7 | child must be afforded reasonable access to educational | ||||||
8 | facilities, personnel, classrooms, and buildings and to the | ||||||
9 | child as provided in this subsection (g-5). The requirements of | ||||||
10 | this subsection (g-5) apply to any public school facility, | ||||||
11 | building, or program and to any facility, building, or program | ||||||
12 | supported in whole or in part by public funds. Prior to | ||||||
13 | visiting a school, school building, or school facility, the | ||||||
14 | parent, independent educational evaluator, or qualified | ||||||
15 | professional may be required by the school district to inform | ||||||
16 | the building principal or supervisor in writing of the proposed | ||||||
17 | visit, the purpose of the visit, and the approximate duration | ||||||
18 | of the visit. The visitor and the school district shall arrange | ||||||
19 | the visit or visits at times that are mutually agreeable. | ||||||
20 | Visitors shall comply with school safety, security, and | ||||||
21 | visitation policies at all times. School district visitation | ||||||
22 | policies must not conflict with this subsection (g-5). Visitors | ||||||
23 | shall be required to comply with the requirements of applicable | ||||||
24 | privacy laws, including those laws protecting the | ||||||
25 | confidentiality of education records such as the federal Family | ||||||
26 | Educational Rights and Privacy Act and the Illinois School |
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1 | Student Records Act. The visitor shall not disrupt the | ||||||
2 | educational process. | ||||||
3 | (1) A parent must be afforded reasonable access of | ||||||
4 | sufficient duration and scope for the purpose of observing | ||||||
5 | his or her child in the child's current educational | ||||||
6 | placement, services, or program or for the purpose of | ||||||
7 | visiting an educational placement or program proposed for | ||||||
8 | the child. | ||||||
9 | (2) An independent educational evaluator or a | ||||||
10 | qualified professional retained by or on behalf of a parent | ||||||
11 | or child must be afforded reasonable access of sufficient | ||||||
12 | duration and scope for the purpose of conducting an | ||||||
13 | evaluation of the child, the child's performance, the | ||||||
14 | child's current educational program, placement, services, | ||||||
15 | or environment, or any educational program, placement, | ||||||
16 | services, or environment proposed for the child, including | ||||||
17 | interviews of educational personnel, child observations, | ||||||
18 | assessments, tests or assessments of the child's | ||||||
19 | educational program, services, or placement or of any | ||||||
20 | proposed educational program, services, or placement. If | ||||||
21 | one or more interviews of school personnel are part of the | ||||||
22 | evaluation, the interviews must be conducted at a mutually | ||||||
23 | agreed upon time, date, and place that do not interfere | ||||||
24 | with the school employee's school duties. The school | ||||||
25 | district may limit interviews to personnel having | ||||||
26 | information relevant to the child's current educational |
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1 | services, program, or placement or to a proposed | ||||||
2 | educational service, program, or placement. | ||||||
3 | (h) (Blank).
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4 | (i) (Blank).
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5 | (j) (Blank).
| ||||||
6 | (k) (Blank).
| ||||||
7 | (l) (Blank).
| ||||||
8 | (m) (Blank).
| ||||||
9 | (n) (Blank).
| ||||||
10 | (o) (Blank).
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11 | (Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
12 | 99-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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