Bill Text: IL SB3514 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that, in a school district with a population of more than 500,000 inhabitants, the principal and all school personnel who are regular members of an individualized education program team shall determine the special education staffing needs of the school based on individualized education program minutes, status of the school's least restrictive environment, optimal scheduling protocols, and other relevant factors. Provides that once a staffing level is set, the school board shall provide full staffing for the school and shall fund the total cost of each position. Provides that the school board may not reduce the special education staffing levels of a school in which the general staffing levels are less than 90% of the State average. Provides that the school board may require more efficient staff scheduling if the scheduling does not impair or hinder any reasonable goals of the school's general education program. Prohibits the school district from banning the use of any measure that would prevent or delay an individualized education program team from adding a service to the program or creating a time restriction in which a service is prohibited from being added to the program. Makes other changes. Effective July 1, 2018.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Engrossed) 2018-05-31 - Final Action Deadline Extended-9(b) November 29, 2018 [SB3514 Detail]

Download: Illinois-2017-SB3514-Engrossed.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by adding Section
514-11.01a as follows:
6 (105 ILCS 5/14-11.01a new)
7 Sec. 14-11.01a. Staffing needs; city with more than 500,000
8inhabitants.
9 (a) In a school district with a population of more than
10500,000 inhabitants, the principal of a school and all school
11personnel who are regular members of an individualized
12education program team shall determine the special education
13staffing needs of the school based on individualized education
14program minutes, status of the school's least restrictive
15environment, optimal scheduling protocols, and other relevant
16factors. Once a staffing level is set, the school board shall
17provide full staffing for the school. The school board shall
18assign the type and number of special education positions at
19the school and shall fund the total cost of each position,
20including a staff member's full salary and benefits. The school
21board may not create incentives or protocols that would require
22a school to allocate funds from other parts of its budget to
23fund special education needs.

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1 (b) A school board subject to this Section may not reduce
2the special education staffing levels of a school in which the
3general staffing levels are less than 90% of the State average.
4If a school's staffing levels are above the required level and
5the school board decides to reduce the special education
6staffing level, it may use only criteria related to special
7education, including individualized education program minutes
8and schedules. If the school board believes the individualized
9education programs in a school are incorrectly structured, the
10school board shall inspect the programs and, if applicable,
11correct the programs to use them as a factor in reducing the
12school's staffing levels. The school board may require more
13efficient staff scheduling if the scheduling does not impair or
14hinder any reasonable goals of the school's general education
15program, including keeping class sizes less than 110% of the
16State average, enhancing school leadership, staffing for
17teacher observations and professional development, and
18expanding coursework and curricular instruction.
19 (c) A school district subject to this Section may not use
20any measure that would prevent or delay an individualized
21education program team from adding a service to the program or
22create a time restriction in which a service is prohibited from
23being added to the program. The school district may not build
24functions into its computer software that would remove any
25services from a student's individualized education program
26without the approval of the program team and may not prohibit

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1the program team from adding a service to the program.
2 Section 99. Effective date. This Act takes effect July 1,
32018.
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