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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 105 ILCS 5/14-7.02c (105 ILCS 5/14-7.02c) Sec. 14-7.02c. Private therapeutic day schools; student enrollment data. The Illinois Purchased Care Review Board must accept amended student enrollment data from special education private therapeutic day schools that have specialized contractual agreements with a school district having a population exceeding 500,000 inhabitants in the 2016-2017 and 2017-2018 school years. The amended student enrollment data must be based on actual monthly enrollment days where a student placed by the school district was formally enrolled and began to receive services through the last date he or she was formally exited from the therapeutic day school. All enrolled days must be confined to the official beginning and end dates of the therapeutic day school's official calendar on file with the State Board of Education. In no instance may the amended enrollment be further reduced to account for student absences. A school district having a population of 500,000 or less inhabitants must be billed at the per diem rate approved by the Illinois Purchased Care Review Board based on days enrolled as prescribed in Section 900.330 of Title 89 of the Illinois Administrative Code.
(Source: P.A. 101-10, eff. 6-5-19.) |
105 ILCS 5/14-7.03 (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)
Sec. 14-7.03. Special education classes for children from orphanages,
foster family homes, children's homes, or State residential units. If a
school district maintains special education classes on the site of
orphanages and children's homes, or if children from the orphanages,
children's homes, foster family homes, other State agencies, or State
residential units for children attend classes for children with disabilities
in which the school district is a participating member of a joint
agreement, or if the children from the orphanages, children's homes,
foster family homes, other State agencies, or State residential units
attend classes for the children with disabilities maintained by the school
district, then reimbursement shall be paid to eligible districts in
accordance with the provisions of this Section by the Comptroller as directed
by the State Superintendent of Education.
The amount of tuition for such children shall be determined by the
actual cost of maintaining such classes, using the per capita cost formula
set forth in Section 14-7.01, such program and cost to be pre-approved by
the State Superintendent of Education.
If a school district makes a claim for reimbursement under Section
18-3 of this Code it shall not include in any claim filed under
this Section a claim for such children. Payments authorized by law,
including State or federal grants for education of children included in
this Section, shall be deducted in determining the tuition amount.
Nothing in this Code shall be construed so as to prohibit
reimbursement for the tuition of children placed in for profit facilities.
Private facilities shall provide adequate space at the
facility for special education classes provided by a school district or
joint agreement for children with disabilities who are
residents of the
facility at no cost to the school district or joint agreement upon
request of the school district or joint agreement. If such a private
facility provides space at no cost to the district or joint agreement
for special education classes provided to children with
disabilities who are
residents of the facility, the district or joint agreement shall not
include any costs for the use of those facilities in its claim for
reimbursement.
Reimbursement for tuition may include the cost of providing summer
school programs for children with severe and profound disabilities served
under this Section. Claims for that reimbursement shall be filed by
November 1 and shall be paid on or before December 15 from
appropriations made for the purposes of this Section.
The State Board of Education shall establish such rules and
regulations as may be necessary to implement the provisions of this
Section.
Claims filed on behalf of programs operated under this Section housed in an orphanage, children's home, private facility, State residential unit, district or joint agreement site,
jail, detention center, or county-owned shelter care facility
shall be on an individual student basis only for
eligible students with disabilities. These claims shall be in accordance with
applicable rules.
Each district claiming reimbursement for individual students shall have the
eligibility of those students verified by the State Board of Education. On
September 30, December 31, and March 31, the State Board of Education shall
voucher payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for individual students
for the regular school term must be received at the State Board of Education by June
15. Claims for individual students received after June 15 shall not
be honored. Claims received by June 15 may be amended until August 1. Final claims for individual students shall be vouchered by
August 31.
However, notwithstanding any other provisions of this Section or this Code, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 31 of the next fiscal year. Payments required to eliminate any insufficiency for prior fiscal year claims shall be made before any claims are paid for the current fiscal year.
Regional superintendents may operate special education classes for
children from orphanages, foster family homes, children's homes, or State residential
units located within the educational services region upon consent
of the school board otherwise so obligated. In electing to assume the
powers and duties of a school district in providing and maintaining such a
special education program, the regional superintendent may enter into joint
agreements with other districts and may contract with public or private
schools or the orphanage, foster family home, children's home, or State residential
unit for provision of the special education program. The regional
superintendent exercising the powers granted under this Section shall be reimbursed for the actual cost of providing such programs by the resident district as defined in Section 14-1.11a.
Any child who is not a resident of Illinois who is placed in a child
welfare institution, private facility, foster family home, State operated
program, orphanage, or children's home shall have the payment for his
educational tuition and any related services assured by the placing agent.
For each student with a disability who is placed in a residential facility by an Illinois public
agency or by any court in this State, the costs for educating the student
are eligible for reimbursement under this Section.
The district of residence of the student with a disability as
defined in Section 14-1.11a is responsible for the actual costs of
the student's special education program and is eligible for reimbursement under
this Section when placement is made by a State agency or the courts.
When a dispute arises over the determination of the district of
residence under this Section, the district or districts may appeal the decision in writing to
the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue a written decision on the matter. The decision of the State
Superintendent of Education shall be final.
In the event a district does not make a tuition
payment to another district that is providing the special education
program and services, the State Board of Education shall immediately
withhold 125% of
the then remaining annual tuition cost from the State aid or categorical
aid payment due to the
school district that is determined to be the resident school district. All
funds withheld by the State Board of Education shall immediately be
forwarded to the
school district where the student is being served.
When a child eligible for services under this Section 14-7.03 must be
placed in a nonpublic facility, that facility shall meet the programmatic
requirements of Section 14-7.02 and its regulations, and the educational
services shall be funded only in accordance with this Section 14-7.03.
(Source: P.A. 101-17, eff. 6-14-19.)
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105 ILCS 5/14-7.03a
(105 ILCS 5/14-7.03a) (from Ch. 122, par. 14-7.03a)
Sec. 14-7.03a.
(Repealed).
(Source: P.A. 80-1481. Repealed by P.A. 90-644, eff. 7-24-98.)
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105 ILCS 5/14-7.04
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies
may utilize federally funded health care programs to share in the costs of
services which are provided to children requiring special education and
related services and which are either listed on an individualized education
program established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the federal
Education of the Handicapped Act Amendments of 1986, Public Law No. 99-457.
Those federally funded health care programs shall also share in the cost
of all screenings and diagnostic evaluations for children suspected of
having or known to have a disability.
However, all such services shall continue to be initially funded by the
local educational agency and shall be provided regardless of subsequent
cost sharing with other funding sources. Federally funded health care
reimbursement funds are supplemental and shall not be used to reduce any
other Federal payments, private payments or State Board of Education funds
for special education as provided in Article 14 of the School Code for
which the local education agency is eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including screening
and diagnostic services, health care and treatment, preventive health care,
and any other measure to correct or improve health impairments of
Medicaid-eligible children, may also access federally funded health care
resources.
The State Board of Education and the Department of Healthcare and Family Services may enter
into an intergovernmental agreement whereby school districts or their
agents may claim medicaid matching funds for medicaid eligible special
education children as authorized by Section 1903 of the Social Security
Act. Under that intergovernmental agreement, school districts or their
agents may also claim federal funds for the services provided to special
education students enrolled in the Children's Health
Insurance Program.
(b) No employee or officer of a school district, special education
joint agreement, office of a regional superintendent of schools or the
State Board of Education may have a direct or indirect financial interest
in any agreement between the entity of which the person is an employee or
officer and any corporation, organization or other entity that collects or
participates in the collection of payments from private health care benefit
plans or federally funded health care programs authorized under this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/14-7.05 (105 ILCS 5/14-7.05)
Sec. 14-7.05. Placement in residential facility; payment of educational costs. For any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence as determined pursuant to this Article is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with this Code. Subject to this Section and relevant State appropriation, the resident district's financial responsibility and reimbursement must be calculated in accordance with the provisions of Section 14-7.02 of this Code. In those instances in which a district receives a block grant pursuant to Article 1D of this Code, the district's financial responsibility is limited to the actual educational costs of the placement, which must be paid by the district from its block grant appropriation. Resident district financial responsibility and reimbursement applies for both residential facilities that are approved by the State Board of Education and non-approved facilities, subject to the requirements of this Section. The Illinois placing agency or court remains responsible for funding the residential portion of the placement and for notifying the resident district prior to the placement, except in emergency situations. The residential facility in which the student is placed shall notify the resident district of the student's enrollment as soon as practicable after the placement. Failure of the placing agency or court to notify the resident district prior to the placement does not absolve the resident district of financial responsibility for the educational costs of the placement; however, the resident district shall not become financially responsible unless and until it receives written notice of the placement by either the placing agency, court, or residential facility. The placing agency or parent shall request an individualized education program (IEP) meeting from the resident district if the placement would entail additional educational services beyond the student's current IEP. The district of residence shall retain control of the IEP process, and any changes to the IEP must be done in compliance with the federal Individuals with Disabilities Education Act. Prior to the placement of a child in an out-of-state special education residential facility, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a special education residential facility located within this State, if any, that provides treatment and services comparable to those provided by the out-of-state special education residential facility. The placing agency or court must review annually the placement of a child in an out-of-state special education residential facility. As a part of the review, the placing agency or court must refer to the child or the child's parent or guardian the option to place the child in a comparable special education residential facility located within this State, if any. Payments shall be made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties. A residential facility providing educational services within the facility, but not approved by the State Board of Education, is required to demonstrate proof to the State Board of (i) appropriate licensure of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. A school district is under no obligation to pay such a residential facility unless and until such proof is provided to the State Board's satisfaction. When a dispute arises over the determination of the district of residence under this Section, any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items of information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 102-254, eff. 8-6-21; 102-894, eff. 5-20-22.) |
105 ILCS 5/14-8.01 (105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01) Sec. 14-8.01. Supervision of special education buildings and
facilities. All special educational facilities, building programs,
housing, and all educational programs for the types of children with disabilities
defined in Section 14-1.02 shall be under the
supervision of and
subject to the approval of the State Board of Education.
All special education facilities, building programs, and
housing shall comply with the building code authorized by Section 2-3.12.
All educational programs for children
with disabilities as defined in Section 14-1.02 administered by any State
agency shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that such
educational programs meet standards jointly developed and agreed to by
both the State Board of Education and the operating State agency,
including standards for educational personnel.
Any State agency providing special educational programs for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with the State
Board of Education and pursuant to the Illinois Administrative Procedure
Act as now or hereafter amended, to insure that all such programs comply
with this Section and Section 14-8.02.
No otherwise qualified child with a disability receiving special
education
and related services under Article 14 shall solely by reason of his or
her disability be excluded from the participation in or be
denied the
benefits of or be subjected to discrimination under any program or
activity provided by a State agency.
State agencies providing special education and related services,
including room and board, either directly or through grants or purchases
of services shall continue to provide these services according to
current law and practice. Room and board costs not provided by a State
agency other than the State Board of Education shall be provided by the
State Board of Education to the extent of available funds. An amount equal
to one-half of the State
education agency's share of IDEA PART B federal monies, or so
much thereof
as may actually be needed, shall annually be appropriated to pay for the
additional costs of providing for room and board for those children
placed pursuant to Section 14-7.02 of this Code and, after all such
room and
board costs are paid, for similar expenditures
for children served pursuant to
Section 14-7.02 or 14-7.02b of this Code. Any such excess
room and board funds must first be directed to those school districts
with students costing in excess of 4 times the district's per capita tuition
charge and then to
community based programs that serve as alternatives to residential
placements.
Beginning with Fiscal Year 1997 and continuing through Fiscal Year 2000,
100% of the former Chapter I, Section 89-313 federal funds shall be allocated
by
the State Board of Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and special education
cooperatives for the maintenance of instructional and related support services
to students with disabilities.
However, beginning with Fiscal Year 1998, the total IDEA Part B discretionary
funds available to the State Board of Education shall not exceed the maximum
permissible under federal law or 20% of the total federal funds available to
the State, whichever is less. After
all room and board
payments and similar
expenditures are made by the State Board of Education as required by this
Section, the State Board of Education may use the remaining funds for
administration and for providing discretionary activities. However, the State
Board of Education may use no more than 25% of its available IDEA Part B
discretionary funds for administrative services.
Special education and related services included in the child's
individualized educational program which are not provided by another
State agency shall be included in the special education and related
services provided by the State Board of Education and the local school
district.
The State Board of Education with the advice of the Advisory Council
shall prescribe the standards and make the necessary rules and
regulations for special education programs administered by local school
boards, including but not limited to establishment of classes, training
requirements of teachers and other professional personnel, eligibility
and admission of pupils, the curriculum, class size limitation, building
programs, housing, transportation, special equipment and instructional
supplies, and the applications for claims for reimbursement. The State
Board of Education shall promulgate rules and regulations for annual
evaluations of the effectiveness of all special education programs and
annual evaluation by the local school district of the individualized
educational program for each child for whom it provides special
education services.
A school district is responsible for the provision of educational
services for all school age children residing within its boundaries
excluding any student placed under the provisions of Section 14-7.02 or any
student with a disability whose parent or guardian lives outside of the State of
Illinois as described in Section 14-1.11.
(Source: P.A. 99-143, eff. 7-27-15.)
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105 ILCS 5/14-8.02
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of children.
(a) The State Board of Education shall make rules under which local school
boards shall determine the eligibility of children to receive special
education. Such rules shall ensure that a free appropriate public
education be available to all children with disabilities as
defined in
Section 14-1.02. The State Board of Education shall require local school
districts to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language
other than English is used to determine their eligibility to receive special
education. The placement of low English proficiency students in special
education programs and facilities shall be made in accordance with the test
results reflecting the student's linguistic, cultural and special education
needs. For purposes of determining the eligibility of children the State
Board of Education shall include in the rules definitions of "case study",
"staff conference", "individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in
this Article. For purposes of determining the eligibility of children from
homes in which a language other than English is used, the State Board of
Education shall include in the rules
definitions for "qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs". For purposes of this
Section, as well as Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent as defined in the federal Individuals with Disabilities Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education facilities except
with a carefully completed case study fully reviewed by professional
personnel in a multidisciplinary staff conference and only upon the
recommendation of qualified specialists or a qualified bilingual specialist, if
available. At the conclusion of the multidisciplinary staff conference, the
parent of the child and, if the child is in the legal custody of the Department of Children and Family Services, the Department's Office of Education and Transition Services shall be given a copy of the multidisciplinary
conference summary report and recommendations, which includes options
considered, and, in the case of the parent, be informed of his or her right to obtain an independent educational
evaluation if he or she disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is shown to be
inappropriate, the school district shall reimburse the parent for the cost of
the independent evaluation. The State Board of Education shall, with advice
from the State Advisory Council on Education of Children with
Disabilities on the
inclusion of specific independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board of Education
shall include on the list clinical psychologists licensed pursuant to the
Clinical Psychologist Licensing Act. Such psychologists shall not be paid fees
in excess of the amount that would be received by a school psychologist for
performing the same services. The State Board of Education shall supply school
districts with such list and make the list available to parents at their
request. School districts shall make the list available to parents at the time
they are informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an impartial
due process hearing under this Section within 5 days of any written parent
request for an independent educational evaluation to show that
its evaluation is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent educational
evaluation, but not at public expense. An independent educational
evaluation at public expense must be completed within 30 days of a parent
written request unless the school district initiates an
impartial due process hearing or the parent or school district
offers reasonable grounds to show that such 30-day time period should be
extended. If the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that such 30-day
period should be extended. If a parent disagrees with the summary report or
recommendations of the multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such evaluation and
the child shall remain in his or her regular classroom setting.
No child shall be eligible for admission to a
special class for children with a mental disability who are educable or for children with a mental disability who are trainable except with a psychological evaluation
and
recommendation by a school psychologist. Consent shall be obtained from
the parent of a child before any evaluation is conducted.
If consent is not given by the parent or if the parent disagrees with the findings of the evaluation, then the school
district may initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the decision
resulting from the impartial due process hearing and the decision is not
appealed or if the decision is affirmed on appeal.
The determination of eligibility shall be made and the IEP meeting shall be completed within 60 school days
from the date of written parental consent. In those instances when written parental consent is obtained with fewer than 60 pupil attendance days left in the school year,
the eligibility determination shall be made and the IEP meeting shall be completed prior to the first day of the
following school year. Special education and related services must be provided in accordance with the student's IEP no later than 10 school attendance days after notice is provided to the parents pursuant to Section 300.503 of Title 34 of the Code of Federal Regulations and implementing rules adopted by the State Board of Education. The appropriate
program pursuant to the individualized educational program of students
whose native tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later than September
1, 1993, the State Board of Education shall establish standards for the
development, implementation and monitoring of appropriate bilingual special
individualized educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to verify implementation
of these standards. The district shall indicate to the parent, the State Board of Education, and, if applicable, the Department's Office of Education and Transition Services the nature of the services the child will receive
for the regular school term while awaiting placement in the appropriate special
education class. At the child's initial IEP meeting and at each annual review meeting, the child's IEP team shall provide the child's parent or guardian and, if applicable, the Department's Office of Education and Transition Services with a written notification that informs the parent or guardian or the Department's Office of Education and Transition Services that the IEP team is required to consider whether the child requires assistive technology in order to receive free, appropriate public education. The notification must also include a toll-free telephone number and internet address for the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually impaired or has an orthopedic impairment or physical disability and
he or she might be eligible to receive services from the Illinois School for
the Deaf, the Illinois School for the Visually Impaired, or the Illinois Center for Rehabilitation and Education-Roosevelt, the school
district shall notify the parents, in writing, of the existence of
these schools
and the services
they provide and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide. This notification
shall
include without limitation information on school services, school
admissions criteria, and school contact information.
In the development of the individualized education program for a student who has a disability on the autism spectrum (which includes autistic disorder, Asperger's disorder, pervasive developmental disorder not otherwise specified, childhood disintegrative disorder, and Rett Syndrome, as defined in the Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall consider all of the following factors: (1) The verbal and nonverbal communication needs of | | (2) The need to develop social interaction skills
| | (3) The needs resulting from the child's unusual
| | responses to sensory experiences.
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| (4) The needs resulting from resistance to
| | environmental change or change in daily routines.
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| (5) The needs resulting from engagement in
| | repetitive activities and stereotyped movements.
|
| (6) The need for any positive behavioral
| | interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder.
|
| (7) Other needs resulting from the child's
| | disability that impact progress in the general curriculum, including social and emotional development.
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| Public Act 95-257
does not create any new entitlement to a service, program, or benefit, but must not affect any entitlement to a service, program, or benefit created by any other law.
If the student may be eligible to participate in the Home-Based Support
Services Program for Adults with Mental Disabilities authorized under the
Developmental Disability and Mental Disability Services Act upon becoming an
adult, the student's individualized education program shall include plans for
(i) determining the student's eligibility for those home-based services, (ii)
enrolling the student in the program of home-based services, and (iii)
developing a plan for the student's most effective use of the home-based
services after the student becomes an adult and no longer receives special
educational services under this Article. The plans developed under this
paragraph shall include specific actions to be taken by specified individuals,
agencies, or officials.
(c) In the development of the individualized education program for a
student who is functionally blind, it shall be presumed that proficiency in
Braille reading and writing is essential for the student's satisfactory
educational progress. For purposes of this subsection, the State Board of
Education shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified as
functionally blind who are also entitled to Braille instruction include:
(i) those whose vision loss is so severe that they are unable to read and
write at a level comparable to their peers solely through the use of
vision, and (ii) those who show evidence of progressive vision loss that
may result in functional blindness. Each student who is functionally blind
shall be entitled to Braille reading and writing instruction that is
sufficient to enable the student to communicate with the same level of
proficiency as other students of comparable ability. Instruction should be
provided to the extent that the student is physically and cognitively able
to use Braille. Braille instruction may be used in combination with other
special education services appropriate to the student's educational needs.
The assessment of each student who is functionally blind for the purpose of
developing the student's individualized education program shall include
documentation of the student's strengths and weaknesses in Braille skills.
Each person assisting in the development of the individualized education
program for a student who is functionally blind shall receive information
describing the benefits of Braille instruction. The individualized
education program for each student who is functionally blind shall
specify the appropriate learning medium or media based on the assessment
report.
(d) To the maximum extent appropriate, the placement shall provide the
child with the opportunity to be educated with children who do not have a disability; provided that children with
disabilities who are recommended to be
placed into regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular
classroom instruction and are included on the teacher's regular education class
register. Subject to the limitation of the preceding sentence, placement in
special classes, separate schools or other removal of the child with a disability
from the regular educational environment shall occur only when the nature of
the severity of the disability is such that education in the
regular classes with
the use of supplementary aids and services cannot be achieved satisfactorily.
The placement of English learners with disabilities shall
be in non-restrictive environments which provide for integration with
peers who do not have disabilities in bilingual classrooms. Annually, each January, school districts shall report data on students from non-English
speaking backgrounds receiving special education and related services in
public and private facilities as prescribed in Section 2-3.30. If there
is a disagreement between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the placement is
subject to impartial due process procedures described in Article 10 of the
Rules and Regulations to Govern the Administration and Operation of Special
Education.
(e) No child who comes from a home in which a language other than English
is the principal language used may be assigned to any class or program
under this Article until he has been given, in the principal language
used by the child and used in his home, tests reasonably related to his
cultural environment. All testing and evaluation materials and procedures
utilized for evaluation and placement shall not be linguistically, racially or
culturally discriminatory.
(f) Nothing in this Article shall be construed to require any child to
undergo any physical examination or medical treatment whose parents object thereto on the grounds that such examination or
treatment conflicts with his religious beliefs.
(g) School boards or their designee shall provide to the parents of a child or, if applicable, the Department of Children and Family Services' Office of Education and Transition Services prior written notice of any decision (a) proposing
to initiate or change, or (b) refusing to initiate or change, the
identification, evaluation, or educational placement of the child or the
provision of a free appropriate public education to their child, and the
reasons therefor. For a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the student, or
the provision of a free appropriate public education and to have an
impartial due process hearing on the complaint. The notice shall inform
the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446); it
shall be the responsibility of the State Superintendent to develop
uniform notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) to be used by all school boards. The notice
shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant services
available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall revise the uniform notices required by this subsection (g) to reflect current law and procedures at least once every 2 years. Any parent who is deaf or
does not normally communicate using spoken English and who participates in
a meeting with a representative of a local educational agency for the
purposes of developing an individualized educational program or attends a multidisciplinary conference shall be
entitled to the services of an interpreter. The State Board of Education must adopt rules to establish the criteria, standards, and competencies for a bilingual language interpreter who attends an individualized education program meeting under this subsection to assist a parent who has limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified professional" means an individual who holds credentials to evaluate the child in the domain or domains for which an evaluation is sought or an intern working under the direct supervision of a qualified professional, including a master's or doctoral degree candidate.
To ensure that a parent can participate fully and effectively with school personnel in the development of appropriate educational and related services for his or her child, the parent, an independent educational evaluator, or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access to educational facilities, personnel, classrooms, and buildings and to the child as provided in this subsection (g-5). The requirements of this subsection (g-5) apply to any public school facility, building, or program and to any facility, building, or program supported in whole or in part by public funds. Prior to visiting a school, school building, or school facility, the parent, independent educational evaluator, or qualified professional may be required by the school district to inform the building principal or supervisor in writing of the proposed visit, the purpose of the visit, and the approximate duration of the visit. The visitor and the school district shall arrange the visit or visits at times that are mutually agreeable. Visitors shall comply with school safety, security, and visitation policies at all times. School district visitation policies must not conflict with this subsection (g-5). Visitors shall be required to comply with the requirements of applicable privacy laws, including those laws protecting the confidentiality of education records such as the federal Family Educational Rights and Privacy Act and the Illinois School Student Records Act. The visitor shall not disrupt the educational process.
(1) A parent must be afforded reasonable access of
| | sufficient duration and scope for the purpose of observing his or her child in the child's current educational placement, services, or program or for the purpose of visiting an educational placement or program proposed for the child.
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| (2) An independent educational evaluator or a
| | qualified professional retained by or on behalf of a parent or child must be afforded reasonable access of sufficient duration and scope for the purpose of conducting an evaluation of the child, the child's performance, the child's current educational program, placement, services, or environment, or any educational program, placement, services, or environment proposed for the child, including interviews of educational personnel, child observations, assessments, tests or assessments of the child's educational program, services, or placement or of any proposed educational program, services, or placement. If one or more interviews of school personnel are part of the evaluation, the interviews must be conducted at a mutually agreed upon time, date, and place that do not interfere with the school employee's school duties. The school district may limit interviews to personnel having information relevant to the child's current educational services, program, or placement or to a proposed educational service, program, or placement.
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(h) In the development of the individualized education program or federal Section 504 plan for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing the student's individualized education program or federal Section 504 plan.
(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. 6-10-22; 103-197, eff. 1-1-24 .)
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105 ILCS 5/14-8.02a
(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil action.
(a) This Section
shall apply to all impartial due process hearings requested on or after July
1, 2005. Impartial due process hearings requested before July 1, 2005 shall be governed by the rules described in Public Act 89-652. (a-5) For purposes of this Section and Section 14-8.02b of this Code, days shall be computed in accordance with Section 1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an impartial due process
hearing system in accordance with this
Section and may, with the advice and approval of the Advisory Council on
Education of Children with Disabilities, promulgate rules and regulations
consistent with this Section to establish the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) An impartial due process hearing shall be convened upon the request of a
parent, student if at least 18 years of age or emancipated, or a
school district. A school district shall
make a request in writing to the State Board of Education and promptly mail a
copy of the request to the parents or student (if at least 18 years of age or emancipated) at the parent's or student's last
known address. A request made by the parent or student shall be made in writing to the superintendent of the school district where the student resides. The superintendent shall forward the request to the State Board of Education within 5 days after receipt of the request. The request shall be filed no more than 2 years following the date the person or school district knew or should have known of the event or events forming the basis for the request. The request shall, at a minimum, contain all of the following: (1) The name of the student, the address of the | | student's residence, and the name of the school the student is attending.
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| (2) In the case of homeless children (as defined
| | under the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))), available contact information for the student and the name of the school the student is attending.
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| (3) A description of the nature of the problem
| | relating to the actual or proposed placement, identification, services, or evaluation of the student, including facts relating to the problem.
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| (4) A proposed resolution of the problem to the
| | extent known and available to the party at the time.
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| (f-5) Within 3 days after receipt of the hearing request,
the State Board of
Education shall appoint a due process hearing officer using a rotating
appointment system and shall notify the hearing officer of his or her
appointment.
For a school district other than a school district located in a municipality having a population exceeding 500,000, a hearing officer who is a current resident of the school district, special
education cooperative, or other public entity involved in the hearing shall recuse himself or herself. A hearing officer who is a former employee of the school district, special education cooperative, or other public entity involved in the hearing shall immediately disclose the former employment to the parties and shall recuse himself or herself, unless the parties otherwise agree in writing. A
hearing officer having a personal or professional interest that may conflict
with his or her objectivity in the hearing shall disclose the conflict to the parties and shall recuse himself or herself unless the parties otherwise agree in writing. For purposes of this subsection
an assigned hearing officer shall be considered to have a conflict of interest
if, at any time prior to the issuance of his or her written decision, he or she
knows or should know that he or she may receive remuneration from a party
to the hearing within 3 years following the conclusion of the due process
hearing.
A party to a due process hearing shall be permitted one substitution
of hearing officer as a matter of right, in accordance with procedures
established by the rules adopted by the State Board of Education under this
Section. The State Board of Education shall randomly select and appoint
another hearing officer within 3 days after receiving notice that the appointed
hearing officer is ineligible to serve or upon receiving a proper request for
substitution of hearing officer. If a party withdraws its request for a due
process hearing after a hearing officer has been appointed, that hearing
officer shall retain jurisdiction over a subsequent hearing that involves the
same parties and is requested within one year from the date of withdrawal of
the previous request, unless that hearing
officer is unavailable.
Any party may raise
facts that constitute a conflict of interest for the hearing officer at any
time before or during the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted pursuant to this
Section and any rules and regulations promulgated by the State Board of Education
consistent with this Section and other governing laws and regulations. The hearing shall address only those issues properly raised in the hearing request under subsection (f) of this Section or, if applicable, in the amended hearing request under subsection (g-15) of this Section. The
hearing shall be closed to the public unless the parents request
that the hearing be open to the public. The parents involved in
the hearing shall have the right to have the student who is the subject of the
hearing present. The hearing shall be held at a time and place which are
reasonably convenient to the parties involved. Upon the request of
a party, the hearing officer shall hold the hearing at a location neutral to
the parties if the hearing officer determines that there is no cost for
securing the use of the neutral location. Once appointed, the impartial due
process hearing officer shall not communicate with the State Board of Education
or its employees concerning the
hearing, except that, where circumstances require, communications for
administrative purposes that do not deal with substantive or procedural matters
or issues on the merits are authorized, provided that the hearing officer
promptly notifies all parties of the substance of the communication as a matter
of record.
(g-5) Unless the school district has previously provided prior written notice to the parent or student (if at least 18 years of age or emancipated) regarding the subject matter of the hearing request, the school district shall, within 10 days after receiving a hearing request initiated by a parent or student (if at least 18 years of age or emancipated), provide a written response to the request that shall include all of the following:
(1) An explanation of why the school district
| | proposed or refused to take the action or actions described in the hearing request.
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| (2) A description of other options the IEP team
| | considered and the reasons why those options were rejected.
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| (3) A description of each evaluation procedure,
| | assessment, record, report, or other evidence the school district used as the basis for the proposed or refused action or actions.
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| (4) A description of the factors that are or were
| | relevant to the school district's proposed or refused action or actions.
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| (g-10) When the hearing request has been initiated by a school district, within 10 days after receiving the request, the parent or student (if at least 18 years of age or emancipated) shall provide the school district with a response that specifically addresses the issues raised in the school district's hearing request. The parent's or student's response shall be provided in writing, unless he or she is illiterate or has a disability that prevents him or her from providing a written response. The parent's or student's response may be provided in his or her native language, if other than English. In the event that illiteracy or another disabling condition prevents the parent or student from providing a written response, the school district shall assist the parent or student in providing the written response.
(g-15) Within 15 days after receiving notice of the hearing request, the non-requesting party may challenge the sufficiency of the request by submitting its challenge in writing to the hearing officer. Within 5 days after receiving the challenge to the sufficiency of the request, the hearing officer shall issue a determination of the challenge in writing to the parties. In the event that the hearing officer upholds the challenge, the party who requested the hearing may, with the consent of the non-requesting party or hearing officer, file an amended request. Amendments are permissible for the purpose of raising issues beyond those in the initial hearing request. In addition, the party who requested the hearing may amend the request once as a matter of right by filing the amended request within 5 days after filing the initial request. An amended request, other than an amended request as a matter of right, shall be filed by the date determined by the hearing officer, but in no event any later than 5 days prior to the date of the hearing. If an amended request, other than an amended request as a matter of right, raises issues that were not part of the initial request, the applicable timeline for a hearing, including the timeline under subsection (g-20) of this Section, shall recommence.
(g-20) Within 15 days after receiving a request for a hearing from a parent or student (if at least 18 years of age or emancipated) or, in the event that the school district requests a hearing, within 15 days after initiating the request, the school district shall convene a resolution meeting with the parent and relevant members of the IEP team who have specific knowledge of the facts contained in the request for the purpose of resolving the problem that resulted in the request. The resolution meeting shall include a representative of the school district who has decision-making authority on behalf of the school district. Unless the parent is accompanied by an attorney at the resolution meeting, the school district may not include an attorney representing the school district.
The resolution meeting may not be waived unless agreed to in writing by the school district and the parent or student (if at least 18 years of age or emancipated) or the parent or student (if at least 18 years of age or emancipated) and the school district agree in writing to utilize mediation in place of the resolution meeting. If either party fails to cooperate in the scheduling or convening of the resolution meeting, the hearing officer may order an extension of the timeline for completion of the resolution meeting or, upon the motion of a party and at least 7 days after ordering the non-cooperating party to cooperate, order the dismissal of the hearing request or the granting of all relief set forth in the request, as appropriate.
In the event that the school district and the parent or student (if at least 18 years of age or emancipated) agree to a resolution of the problem that resulted in the hearing request, the terms of the resolution shall be committed to writing and signed by the parent or student (if at least 18 years of age or emancipated) and the representative of the school district with decision-making authority. The agreement shall be legally binding and shall be enforceable in any State or federal court of competent jurisdiction. In the event that the parties utilize the resolution meeting process, the process shall continue until no later than the 30th day following the receipt of the hearing request by the non-requesting party (or as properly extended by order of the hearing officer) to resolve the issues underlying the request, at which time the timeline for completion of the impartial due process hearing shall commence. The State Board of Education may, by rule, establish additional procedures for the conduct of resolution meetings.
(g-25) If mutually agreed to in writing, the parties to a hearing request may request State-sponsored mediation as a substitute for the resolution process described in subsection (g-20) of this Section or may utilize mediation at the close of the resolution process if all issues underlying the hearing request have not been resolved through the resolution process.
(g-30) If mutually agreed to in writing, the parties to a hearing request may waive the resolution process described in subsection (g-20) of this Section. Upon signing a written agreement to waive the resolution process, the parties shall be required to forward the written waiver to the hearing officer appointed to the case within 2 business days following the signing of the waiver by the parties. The timeline for the impartial due process hearing shall commence on the date of the signing of the waiver by the parties.
(g-35) The timeline for completing the impartial due process hearing, as set forth in subsection (h) of this Section, shall be initiated upon the occurrence of any one of the following events:
(1) The unsuccessful completion of the resolution
| | process as described in subsection (g-20) of this Section.
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| (2) The mutual agreement of the parties to waive the
| | resolution process as described in subsection (g-25) or (g-30) of this Section.
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(g-40) The hearing officer shall convene a prehearing conference no later than 14
days before the scheduled date for the due process hearing for the general
purpose of aiding in the fair, orderly, and expeditious conduct of the hearing.
The hearing officer shall provide the parties with written notice of the
prehearing conference at least 7 days in advance of the conference. The
written notice shall require the parties to notify the hearing officer by a
date certain whether they intend to participate in the prehearing conference.
The hearing officer may conduct the prehearing conference in person or by
telephone. Each party shall at the prehearing conference (1) disclose whether
it is represented by legal counsel or intends to retain legal counsel; (2) clarify
matters it believes to be in dispute in the case and the specific relief
being sought; (3) disclose whether there are any additional evaluations for the student
that it intends to
introduce into the
hearing record that have not been previously disclosed to the other parties;
(4) disclose a list of all documents it intends to introduce into the hearing record,
including the date and a brief description of each document; and (5) disclose the names
of all witnesses it intends to call to testify at the hearing. The hearing
officer shall specify the order of presentation to be used at the hearing. If
the
prehearing conference is held by telephone, the parties shall transmit the
information required in this paragraph in such a manner that it is available to
all parties at the time of the prehearing conference. The State Board of
Education may, by
rule, establish additional procedures for the conduct of prehearing
conferences.
(g-45) The
impartial due process hearing officer shall not initiate or participate in any
ex parte communications with the parties, except to arrange the date, time,
and location of the prehearing conference, due process hearing, or other status conferences convened at the discretion of the hearing officer
and to
receive confirmation of whether a party intends to participate in the
prehearing conference.
(g-50) The parties shall disclose and provide to each other
any evidence which they intend to submit into the hearing record no later than
5 days before the hearing. Any party to a hearing has the right to prohibit
the introduction of any evidence at the hearing that has not been disclosed to
that party at least 5 days before the hearing. The party requesting a hearing shall not be permitted at the hearing to raise issues that were not raised in the party's initial or amended request, unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties to present their respective cases at the hearing within a cumulative period of 7 days. When scheduling hearing dates, the hearing officer shall schedule the final day of the hearing no more than 30 calendar days after the first day of the hearing unless good cause is shown. This subsection (g-55) shall not be applied in a manner that (i) denies any party to the hearing a fair and reasonable allocation of time and opportunity to present its case in its entirety or (ii) deprives any party to the hearing of the safeguards accorded under the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), regulations promulgated under the Individuals with Disabilities Education Improvement Act of 2004, or any other applicable law. The school district shall present evidence that the special education needs
of the child have been appropriately identified and that the special education
program and related services proposed to meet the needs of the child are
adequate, appropriate, and available. Any party to the hearing shall have the
right to (1) be represented
by counsel and be accompanied and advised by individuals with special knowledge
or training with respect to the problems of children with disabilities, at the
party's own expense; (2) present evidence and confront and cross-examine
witnesses; (3) move for the exclusion of witnesses from the hearing until they
are called to testify, provided, however, that this provision may not be
invoked to exclude the individual designated by a party to assist that party or
its representative in the presentation of the case; (4) obtain a written or
electronic verbatim record of
the proceedings within 30 days of receipt of a written request from the parents
by the school district; and (5) obtain a written decision, including findings
of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the conclusion of the
hearing.
If at issue, the school district shall present evidence that it has
properly identified and evaluated the nature and
severity of the student's suspected or identified disability and that, if the
student has been or should have been determined eligible for special education
and related services, that it is providing or has offered a free appropriate
public education to the student in the least restrictive environment,
consistent with
procedural safeguards and in accordance with an individualized educational
program.
At any time prior to the conclusion of the hearing, the impartial due
process hearing officer shall have the authority to require additional
information and order independent evaluations for the
student at the expense of the school district. The State Board of Education
and the school district shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may request that the
due process hearing officer issue a subpoena to compel the testimony of
witnesses or the production of documents relevant to the
resolution of the hearing. Whenever a person refuses to comply with any
subpoena issued under this Section, the circuit court of the county in which
that hearing is pending, on application of the impartial hearing officer or the
party requesting the issuance of the subpoena, may compel compliance through
the contempt powers of
the court in the same manner as if the requirements of a subpoena issued by the
court had been disobeyed.
(h) The impartial hearing officer shall issue a written decision, including
findings of fact and conclusions of law, within 10 calendar days, excluding Saturday, Sunday, and any State holiday, after the
conclusion of the hearing and send by certified mail a copy of the decision to the parents
or student (if the student requests the hearing), the school
district, the director of special education, legal representatives of the
parties, and the State Board of Education. Unless the hearing officer has
granted specific extensions of time at the request of a party, a final
decision, including the clarification of a decision requested under this
subsection, shall be reached and mailed to the parties named above not later
than 45 days after the initiation of the timeline for conducting the hearing, as described in subsection (g-35) of this Section. The
decision shall specify the educational and related services that shall be
provided to the student in accordance with the student's needs and the timeline for which the school district shall submit evidence to the State Board of Education to demonstrate compliance with the hearing officer's decision in the event that the decision orders the school district to undertake corrective action.
The hearing officer shall retain jurisdiction for the sole purpose of
considering a request for clarification of the final decision submitted in
writing by a party to the impartial hearing officer within 5 days after receipt
of the decision.
A copy of the request for clarification shall specify the portions of the
decision for which clarification is sought and shall be mailed to all parties
of record and to the State Board of Education. The request shall
operate to stay implementation of those portions of the decision for which
clarification is sought, pending action on the request by the hearing officer,
unless the parties otherwise agree. The hearing officer shall issue a
clarification of the specified portion of the decision or issue a partial or
full denial of the request in writing within 10 days of receipt of the request
and mail copies to all parties to whom the decision was mailed. This
subsection does not permit a party to request, or authorize a hearing officer
to entertain, reconsideration of the decision itself. The statute of
limitations for seeking review of the decision shall be tolled from the date
the request is submitted until the date the hearing officer acts upon the
request. The hearing officer's decision shall be binding upon the school district
and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing aggrieved by the final
written decision of the impartial due process hearing officer shall have the
right to commence a civil action with respect to the issues presented in the
impartial due process hearing. That civil action shall be brought in any
court of competent jurisdiction within
120 days after a copy of the
decision of the impartial due process hearing officer is mailed to the party as
provided in
subsection (h). The civil action authorized by this subsection shall not be
exclusive of any rights or causes of action otherwise
available. The commencement of a civil action under this subsection shall
operate as a supersedeas. In any action brought under this subsection the
Court shall receive the records of the impartial due process hearing, shall
hear additional evidence at the request of a party, and, basing its decision on
the preponderance of the evidence, shall grant such relief as the court
determines is appropriate. In any instance where a school district willfully
disregards applicable regulations or statutes regarding a child covered by this
Article, and which disregard has been detrimental to the child, the school
district shall be liable for any reasonable attorney's fees incurred by the
parent in connection with proceedings under this Section.
(j) During the pendency of any administrative or judicial proceeding
conducted
pursuant to this Section, including mediation (if the school district or other public entity voluntarily agrees to participate in mediation), unless the school district and the
parents or student (if at least 18 years of age or emancipated) otherwise agree, the student shall remain in
his or her present educational placement and continue in his or her present
eligibility status and special education and related services, if any. If mediation fails to resolve the dispute between the parties, or if the parties do not agree to use mediation, the parent (or student if 18 years of age or older or emancipated) shall have 10 days after the mediation concludes, or after a party declines to use mediation, to file a request for a due process hearing in order to continue to invoke the "stay-put" provisions of this subsection (j). If applying for initial admission to the
school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or emancipated), be placed in the school district program until all such proceedings
have been completed. The costs for any special education and related services
or placement incurred following 60 school days after the initial request for
evaluation shall be borne by the school district if the services or placement
is in accordance with the final determination as to the special education and
related services or placement that must be provided to the child, provided that
during that 60-day period there have been no delays caused by the child's
parent. The requirements and procedures of this subsection (j) shall be included in the uniform notices developed by the State Superintendent under subsection (g) of Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described in
Section 14-1.02 are not known or are unavailable or the child is a youth in care as defined in Section 4d of the Children and Family Services Act, a person shall be assigned to serve as surrogate parent for the child in
matters relating to the identification, evaluation, and educational placement
of the child and the provision of a free appropriate public education to the
child. Persons shall be assigned as surrogate parents by the State
Superintendent of Education. The State Board of Education shall promulgate
rules and regulations establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making assignments of
persons as surrogate parents.
Surrogate parents shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency involved in the
education or care of the student, or the State Board of Education.
Services of any person assigned as surrogate parent shall terminate if the
parent
becomes available unless otherwise requested by the parents. The assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal authority
relative to the child. Any person participating in good faith as surrogate
parent on behalf of the child before school officials or a hearing officer
shall have immunity from civil or criminal liability that otherwise might
result by reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing or mediation, the hearing officer or mediator shall require that
interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf
or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English.
(m) If any provision of this Section or its application to any person or
circumstance is held invalid, the invalidity of that provision or application
does not affect other provisions or applications of the Section that can be
given effect without the invalid application or provision, and to this end the
provisions of this Section are severable, unless otherwise provided by this
Section.
(Source: P.A. 102-1072, eff. 6-10-22.)
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105 ILCS 5/14-8.02b
(105 ILCS 5/14-8.02b)
Sec. 14-8.02b. Expedited Hearings. (a) The changes made to this Section by this amendatory Act of the 94th General Assembly shall apply to all expedited hearings requested on or after the effective date of this amendatory Act of the 94th General Assembly.
(b) Unless otherwise provided by this
Section,
the
provisions of Section 14-8.02a are applicable to this Section. The
State Board of
Education shall provide for the conduct of expedited hearings in accordance
with the
Individuals with Disabilities Education Act, Public Law 108-446, 20 USC
Sections 1400 et seq.
(hereafter IDEA).
(c) An expedited hearing may be requested by:
(i) a parent or student if the student is at least 18 | | years of age or emancipated, if there is a disagreement with regard to a determination that the student's behavior was not a manifestation of the student's disability, or if there is a disagreement regarding the district's decision to move the student to an interim alternative educational setting for behavior at school, on school premises, or at a school function involving a weapon or drug or for behavior at school, on school premises, or at a school function involving the infliction of serious bodily injury by the student, as defined by IDEA pursuant to Section 615(k)(1)(G); and
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(ii) a school district, if school personnel believe
| | that maintaining the current placement of the student is substantially likely to result in injury to the student or others pursuant to Section 615(k)(3)(A) of IDEA.
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(d) A school district shall make a request in writing to the State Board of
Education
and promptly mail a copy of the request to the parents or
student (if at least 18 years of age or emancipated) at the
parents' or student's last known address. A request made by the parent or student (if at least 18 years of age or emancipated) shall
be made in
writing to the superintendent of the school district in which the student
resides, who shall
forward the request to the State Board of Education within one business day of receipt
of
the request.
Upon receipt of the request, the State Board of Education shall appoint a due
process
hearing officer using a rotating appointment system and shall notify the
hearing officer of
his or her appointment.
(e) A request for an expedited hearing initiated by a district for the sole
purpose of
moving a student from his or her current placement to an interim alternative
educational
setting because of dangerous misconduct must be accompanied by all
documentation that
substantiates the district's position that maintaining the student in
his or her current
placement is substantially likely to result in injury to the student or to
others. Also, the
documentation shall include written statements of (1) whether the district is represented by legal
counsel or
intends to retain legal counsel; (2) the matters the district believes to be
in dispute in the
case and the specific relief being sought; and (3) the names of all witnesses
the district
intends to call to testify at the hearing.
(f) An expedited hearing requested by the parent or student (if at least 18 years of age or emancipated) to
challenge
the removal of the student from his or her current placement to an interim
alternative
educational setting or a manifestation determination made by the district as
described
in IDEA shall include a written statement as to the reason the parent believes
that the action taken by the district is not supported by substantial evidence
and all
relevant documentation in the parent's
possession. Also, the
documentation
shall include written statements of (1) whether the parent is represented by legal
counsel or intends to retain legal
counsel; (2) the matters the parent believes to be in dispute in
the case and the specific relief
being sought; and (3) the names of all witnesses the parent intends
to call to testify
at the hearing.
(g) Except as otherwise described in this subsection (g), the school district shall be required to convene the resolution meeting described in subsection (g-20) of Section 14-8.02a of this Code unless the parties choose to utilize mediation in place of the resolution meeting or waive the resolution meeting in accordance with procedures described in subsection (g-30) of Section 14-8.02a of this Code. The resolution meeting shall be convened within 7 days after the date that the expedited hearing request is received by the district.
(h) The hearing officer shall not initiate or participate in any ex parte
communications
with the parties, except to arrange the date, time, and location of the
expedited hearing.
The hearing officer shall contact the parties within 5 days after appointment and set
a hearing
date which shall be no earlier than 15 calendar days following the school district's receipt of the expedited hearing request or upon completion of the resolution meeting, if earlier, and no later than 20 school days after receipt of the expedited hearing request. The hearing
officer shall
set a date no less than 2 business days prior to the date of the expedited hearing for the parties to exchange documentation and a list of witnesses. The non-requesting party shall not be required to submit a written response to the expedited hearing request. The parties may request mediation. The mediation shall not delay the timeline set by the hearing officer for conducting the expedited hearing. The length of the hearing shall not exceed 2 days unless good cause is shown. Good cause shall be determined by the hearing officer in his or her sole discretion and may include the unavailability of a party or witness to attend the scheduled hearing.
(i) Any party to the hearing shall have the right to (1) be represented by
counsel and
be accompanied and advised by individuals with special knowledge or training
with
respect to the problems of children with disabilities, at the party's own
expense; (2)
present evidence and confront and cross-examine witnesses; (3) move for the
exclusion
of witnesses from the hearing until they are called to testify, provided,
however, that this
provision may not be invoked to exclude the individual designated by a party to
assist
that party or its representative in the presentation of the case; (4) in
accord with the
provisions of subsection (g-55) of Section 14-8.02a, obtain a written or
electronic
verbatim
record of the proceedings; and (5) obtain a written decision, including
findings of fact and
conclusions of law, within 10 school
days after the conclusion of the hearing.
(j) The State Board of Education and the school district shall share equally the
costs
of providing a written or electronic verbatim record of the proceedings. Any
party may
request that the hearing officer issue a subpoena to compel the testimony of
witnesses or
the production of documents relevant to the resolution of the hearing.
Whenever a person
refuses to comply with any subpoena issued under this Section, the circuit
court of the
county in which that hearing is pending, on application of the impartial
hearing officer or
the party requesting the issuance of the subpoena, may compel compliance
through the
contempt powers of the court in the same manner as if the requirements of a
subpoena
issued by the court had been disobeyed.
(k) The impartial hearing officer shall issue a final written decision, including
findings of fact and conclusions of law, within 10 school days after the conclusion of
the hearing
and mail a copy of the decision to the parents or student (if the
student requests
the hearing), the school district, the director of special education, legal
representatives of
the parties, and the State Board of Education.
(l) The hearing officer presiding over the expedited hearing shall hear only that
issue
or issues identified by IDEA as proper for expedited hearings, leaving all
other issues to
be heard under a separate request to be initiated and processed in accordance
with the
hearing procedures provided for in this Article and in accordance with the
implementing
regulations.
(Source: P.A. 94-1100, eff. 2-2-07.)
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