SB2025sam002 101ST GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/2/2019

10100SB2025sam002 LRB101 08149 AXK 58903 a

AMENDMENT TO SENATE BILL 2025

AMENDMENT NO. ______. Amend Senate Bill 2025, AS AMENDED, by replacing everything after the enacting clause with the following:

"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. Multi-tiered systems of support.

(a) In this Section, "Multi-tiered systems of support", "MTSS", "Response to Intervention", or "RtI" means a tiered model of school support, not including special education services, that (i) utilizes differentiated instructional strategies for students, (ii) provides students with scientifically research-based interventions and continuous monitoring of their performance using scientifically research-based progress monitoring instruments, and (iii) makes educational decisions based on a student's response to those interventions. Multi-tiered systems of support and Response to Intervention use 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. MTSS or RtI may be utilized as a component of an evaluation to determine if a student is eligible for special education services due to a disability. Data collection using scientifically based data systems is an essential component of MTSS and RtI. Progressively more intensive interventions and support for a student requires more frequent monitoring of progress to ensure timely decision-making.

(b) Because communication with a student's parent or guardian on the instructional strategies used for the student is important at all levels of intervention, a school district must inform a student's parent or guardian if the student begins to receive MTSS or RtI support at the highest level of intervention short of eligibility for special education services. The information provided to the parent or guardian must include the area or areas in which the student requires more intensive intervention, the student's performance goal or goals, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. The information may be provided to the parent or guardian using any reasonable and understandable means of communication likely to reach the parent or guardian, including a text or email message, phone call, or note, and a school district is not required to provide notice via a formal written notification or a special form. A school district must note in the student's school student record that the information has been provided to the parent or guardian.

(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.

(105 ILCS 5/34-18.61 new)

Sec. 34-18.61. Multi-tiered systems of support.

(a) In this Section, "Multi-tiered systems of support", "MTSS", "Response to Intervention", or "RtI" means a tiered model of school support, not including special education services, that (i) utilizes differentiated instructional strategies for students, (ii) provides students with scientifically research-based interventions and continuous monitoring of their performance using scientifically research-based progress monitoring instruments, and (iii) makes educational decisions based on a student's response to those interventions. Multi-tiered systems of support and Response to Intervention use 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. MTSS or RtI may be utilized as a component of an evaluation to determine if a student is eligible for special education services due to a disability. Data collection using scientifically based data systems is an essential component of MTSS and RtI. Progressively more intensive interventions and support for a student requires more frequent monitoring of progress to ensure timely decision-making.

(b) Because communication with a student's parent or guardian on the instructional strategies used for the student is important at all levels of intervention, the school district must inform a student's parent or guardian if the student begins to receive MTSS or RtI support at the highest level of intervention short of eligibility for special education services. The information provided to the parent or guardian must include the area or areas in which the student requires more intensive intervention, the student's performance goal or goals, and how the parent or guardian may obtain a copy of any progress reports and data being collected for the student. The information may be provided to the parent or guardian using any reasonable and understandable means of communication likely to reach the parent or guardian, including a text or e-mail message, phone call, or note, and the school district if not required to provide notice via a formal written notification or a special form. The school district must note in the student's school student record that the information has been provided to the parent or guardian.

(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.

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