SB2025 101ST GENERAL ASSEMBLY

LRB101 08149 AXK 53215 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2025

Introduced 2/15/2019, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new

Amends the School Code. Requires each school district to inform a student's parent or guardian if his or her child is beginning to receive tiered Response to Intervention support that is more intensive than the universal level of instruction and must allow the parent or guardian to participate in the process; defines "Response to Intervention". Provides that the information provided to the parent or guardian must include the problem or problems being addressed for the student, the student's performance goal or goals, the reason why the student is being moved to a more intense level of intervention, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. Provides that a school district must inform a parent or guardian with a child who is receiving Response to Intervention support above the universal level of instruction of the parent's or guardian's right to request a special education evaluation at any time. Requires a school district to request parental or guardian consent to conduct a case study evaluation of a student to determine if the student is in need of special education services if the student has been in the highest level of Response to Intervention support for 45 consecutive school days and has not shown meaningful, measurable progress under the performance goal or goals established for the student. Effective immediately.

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 Sections 10-20.69 and 34-18.61 as follows:

(105 ILCS 5/10-20.69 new)

Sec. 10-20.69. Response to Intervention.

(a) In this Section, "Response to Intervention" or "RtI" means a 3-tiered model of school support that utilizes differentiated instructional strategies for students and provides them with scientifically research-based interventions and continuous monitoring of their performance using scientifically research-based progress monitoring instruments, and makes educational decisions based on a student's response to those interventions. RtI uses a problem-solving method to define the problem, analyze the problem using data to determine why there is a discrepancy between what is expected of the student and what is occurring, establish one or more student performance goals, develop an intervention plan to address the performance goals, and delineate how the student's progress will be monitored and how implementation integrity will be ensured. RtI may be utilized as a component of an evaluation to determine if a child is eligible for special education services due to a specific learning disability. Data collection using scientifically based data systems is an essential component of RtI, and progressively more intensive interventions and support for a student require more frequent monitoring of progress to ensure timely decision making.

(b) Because communication with a parent or guardian on the instructional strategies used on his or her child is important at all levels of intervention, a school district must inform a student's parent or guardian if his or her child is beginning to receive tiered RtI support that is more intensive than the universal level of instruction and must allow the parent or guardian to participate in the process. The information provided to the parent or guardian must include the problem or problems being addressed for the student, the student's performance goal or goals, the reason why the student is being moved to a more intense level of intervention, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. A school district must inform a parent or guardian with a child who is receiving RtI support above the universal level of instruction of the parent's or guardian's right to request a special education evaluation at any time. A school district may not deny a parent's or guardian's request for an evaluation to determine if his or her child is eligible for special education services solely because the child is receiving RtI support.

(c) Nothing in this Section affects the responsibility of a school district to identify, locate, and evaluate children with disabilities who are in need of special education services in accordance with the federal Individuals with Disabilities Education Improvement Act of 2004, this Code, and any applicable federal or State rules.

(d) A school district must request parental or guardian consent to conduct a case study evaluation of a student to determine if the student is in need of special education services if the student has been in the highest level of RtI support for 45 consecutive school days and has not shown meaningful, measurable progress under the performance goal or goals established for the student.

(105 ILCS 5/34-18.61 new)

Sec. 34-18.61. Response to Intervention.

(a) In this Section, "Response to Intervention" or "RtI" means a 3-tiered model of school support that utilizes differentiated instructional strategies for students and provides them with scientifically research-based interventions and continuous monitoring of their performance using scientifically research-based progress monitoring instruments, and makes educational decisions based on a student's response to those interventions. RtI uses a problem-solving method to define the problem, analyze the problem using data to determine why there is a discrepancy between what is expected of the student and what is occurring, establish one or more student performance goals, develop an intervention plan to address the performance goals, and delineate how the student's progress will be monitored and how implementation integrity will be ensured. RtI may be utilized as a component of an evaluation to determine if a child is eligible for special education services due to a specific learning disability. Data collection using scientifically based data systems is an essential component of RtI, and progressively more intensive interventions and support for a student require more frequent monitoring of progress to ensure timely decision making.

(b) Because communication with a parent or guardian on the instructional strategies used on his or her child is important at all levels of intervention, the school district must inform a student's parent or guardian if his or her child is beginning to receive tiered RtI support that is more intensive than the universal level of instruction and must allow the parent or guardian to participate in the process. The information provided to the parent or guardian must include the problem or problems being addressed for the student, the student's performance goal or goals, the reason why the student is being moved to a more intense level of intervention, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. The school district must inform a parent or guardian with a child who is receiving RtI support above the universal level of instruction of the parent's or guardian's right to request a special education evaluation at any time. The school district may not deny a parent's or guardian's request for an evaluation to determine if his or her child is eligible for special education services solely because the child is receiving RtI support.

(c) Nothing in this Section affects the responsibility of the school district to identify, locate, and evaluate children with disabilities who are in need of special education services in accordance with the federal Individuals with Disabilities Education Improvement Act of 2004, this Code, and any applicable federal or State rules.

(d) The school district must request parental or guardian consent to conduct a case study evaluation of a student to determine if the student is in need of special education services if the student has been in the highest level of RtI support for 45 consecutive school days and has not shown meaningful, measurable progress under the performance goal or goals established for the student.

Section 99. Effective date. This Act takes effect upon becoming law.