SB2355 102ND GENERAL ASSEMBLY

LRB102 15490 CMG 20853 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2355

Introduced 2/26/2021, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-1.02	from Ch. 122, par. 14-1.02
105 ILCS 5/14-1.03a	from Ch. 122, par. 14-1.03a
105 ILCS 5/14-1.09	from Ch. 122, par. 14-1.09
105 ILCS 5/14-1.09a	from Ch. 122, par. 14-1.09a

Amends the Children with Disabilities Article of the School Code. For school years 2021-2022 through 2025-2026, provides that (i) an eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through the day before the student's 23rd birthday (rather than through the day before the student's 22nd birthday), (ii) the term "children with specific learning disabilities" includes children between the ages of 3 and 22 years (rather than children between the ages of 3 and 21 years), (iii) a school psychologist may offer school psychological services to children between the ages of 3 and 22 years (rather than to children between the ages of 3 and 21 years), and (iv) a school social worker may offer school social work services to children between the ages of 3 and 22 years (rather than to children between the ages of 3 and 21 years). 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 changing Sections 14-1.02, 14-1.03a, 14-1.09, and 14-1.09a as follows:

(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)

Sec. 14-1.02. Children with disabilities. "Children with disabilities" means children between the ages of 3 and 21 for whom it is determined, through definitions and procedures described in the Illinois Rules and Regulations to Govern the Organization and Administration of Special Education, that special education services are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 21, inclusive, which, for purposes of this Article, means the day before the student's 22nd birthday. An individualized education program must be written and agreed upon by appropriate school personnel and parents or their representatives for any child receiving special education.

However, for school years 2021-2022 through 2025-2026, "children with disabilities" means children between the ages of 3 and 22 for whom it is determined, through definitions and procedures described in the Illinois Rules and Regulations to Govern the Organization and Administration of Special Education, that special education services are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 22, inclusive, which, for purposes of this Article, means the day before the student's 23rd birthday. An individualized education program must be written and agreed upon by appropriate school personnel and parents or their representatives for any child receiving special education.

(Source: P.A. 95-14, eff. 7-16-07.)

(105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)

Sec. 14-1.03a. Children with Specific Learning Disabilities. "Children with Specific Learning Disabilities" means children between the ages of 3 and 21 years who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Such disorders include such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing or motor disabilities, of an intellectual disability, emotional disturbance or environmental disadvantage.

However, for school years 2021-2022 through 2025-2026, "children with Specific Learning Disabilities" means children between the ages of 3 and 22 years who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems that are primarily the result of visual, hearing, or motor disabilities, of an intellectual disability, of emotional disturbance or environmental disadvantage.

(Source: P.A. 97-227, eff. 1-1-12.)

(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)

Sec. 14-1.09. School psychologist. "School psychologist" means a psychologist who meets the following qualifications:

(1) The psychologist:

(A) has graduated with a master's or higher degree in psychology or educational psychology from an institution of higher learning that maintains equipment, courses of study, and standards of scholarship approved by the State Board of Education, has had at least one school year of full-time supervised experience in the delivery of school psychological services of a character approved by the State Superintendent of Education, and has such additional qualifications as may be required by the State Board of Education; or

(B) holds a valid Nationally Certified School Psychologist (NCSP) credential.

(2) The psychologist holds a Professional Educator License with a school psychologist endorsement issued pursuant to Section 21B-25 of this Code. Persons so licensed may use the title "school psychologist" and may offer school psychological services which are limited to those services set forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children between the ages of 3 to 21, promulgated by the State Board of Education. However, for school years 2021-2022 through 2025-2026, persons so licensed may use the title "school psychologist" and may offer school psychological services that are limited to those services set forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children between the ages of 3 and 22 years, adopted by the State Board of Education.

School psychologists may make evaluations, recommendations or interventions regarding the placement of children in educational programs or special education classes. However, a school psychologist shall not provide such services outside his or her employment to any student in the district or districts which employ such school psychologist.

(Source: P.A. 100-750, eff. 8-10-18.)

(105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)

Sec. 14-1.09a. School social worker. "School social worker" means a social worker who has graduated with a master's or higher degree in social work from an accredited graduate school of social work and has such additional qualifications as may be required by the State Board of Education and who holds a Professional Educator License with a school support personnel endorsement for school social work pursuant to Section 21B-25 of this Code. Only persons so licensed and endorsed may use the title "school social worker". A social worker may offer school social work services as provided in this Code and other applicable laws and as set forth in 23 Ill. Adm. Code 226, Special Education, promulgated by the State Board of Education, governing the provision of special education and related services to children with disabilities and requirements for the treatment of children with disabilities between the ages of 3 and 21. However, for school years 2021-2022 through 2025-2026, a social worker may offer school social work services as provided in this Code and other applicable laws and as set forth in 23 Ill. Adm. Code 226, Special Education, adopted by the State Board of Education, governing the provision of special education and related services to children with disabilities and requirements for the treatment of children with disabilities between the ages of 3 and 22 years. School social workers may make evaluations, recommendations or interventions regarding the placement of children in educational programs or special education classes. However, a school social worker shall not provide such services outside his or her employment to any student in the district or districts which employ such school social worker.

(Source: P.A. 100-356, eff. 8-25-17.)

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