HB5241 100TH GENERAL ASSEMBLY

LRB100 19040 AXK 34294 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5241

Introduced , by Rep. William Davis

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-11.01a new

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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 14-11.01a as follows:

(105 ILCS 5/14-11.01a new)

Sec. 14-11.01a. Staffing needs; city with more than 500,000 inhabitants.

(a) In a school district with a population of more than 500,000 inhabitants, the principal of a school 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. Once a staffing level is set, the school board shall provide full staffing for the school. The school board shall assign the type and number of special education positions at the school and shall fund the total cost of each position, including a staff member's full salary and benefits. The school board may not create incentives or protocols that would require a school to allocate funds from other parts of its budget to fund special education needs.

(b) A school board subject to this Section 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. If a school's staffing levels are above the required level and the school board decides to reduce the special education staffing level, it may use only criteria related to special education, including individualized education program minutes and schedules. If the school board believes the individualized education programs in a school are incorrectly structured, the school board shall inspect the programs and, if applicable, correct the programs to use them as a factor in reducing the school's staffing levels. 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, including keeping class sizes less than 110% of the State average, enhancing school leadership, staffing for teacher observations and professional development, and expanding coursework and curricular instruction.

(c) A school district subject to this Section may not ban 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. The school district may not build functions into its computer software that would remove any services from a student's individualized education program without the approval of the program team and may not prohibit the program team from adding a service to the program.

Section 99. Effective date. This Act takes effect July 1, 2018.