HB4068eng 104TH GENERAL ASSEMBLY

HB4068 Engrossed LRB104 13772 LNS 26532 b

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 14-8.02j as follows:

(105 ILCS 5/14-8.02j new)

Sec. 14-8.02j. Timelines for addressing requests for disability accommodations under Section 504 of the federal Rehabilitation Act of 1973.

(a) In this Section:

"Health care provider" means a physician licensed to practice medicine in all of its branches, a licensed physician assistant, or a licensed advanced practice registered nurse.

"Individualized health care plan" means a document developed with the involvement of a school nurse or, if a school nurse is unavailable, a licensed nurse, that is implemented in the school setting for a student with a significant health condition who requires direct or indirect nursing services at school.

"Qualified provider" means a licensed, certified, or registered practitioner meeting State standards to deliver specific services.

(b) Within 14 school days after receiving a written request for a federal Section 504 plan from a child's parent or guardian, a school district shall determine:

(1) whether the clinical information, which may include a diagnosis from a health care provider or qualified provider that is provided by the parent or guardian, is sufficient to support the existence of a disability pursuant to Section 504 of the federal Rehabilitation Act of 1973 and eligibility for a Section 504 plan;

(2) whether further evaluation is needed to make the determination in paragraph (1); or

(3) whether there is no basis for an evaluation or plan based on available information. If the school district makes the determination not to confer eligibility based on existing information or that an evaluation is to be conducted, the school district shall provide written notice to the parent or guardian explaining the rationale for the determination.

If the school district makes the determination that an evaluation is to be conducted, the school district shall convene a team of individuals, including the parent or guardian, having the knowledge and skills necessary to administer and interpret evaluation data. The composition of the team shall vary depending on the nature of the student's symptoms and other relevant factors. The team shall identify any assessments that are necessary and other relevant information, if any, that needs to be collected to complete the evaluation. The school district shall ensure that written notification of the team's conclusions is transmitted to the parent or guardian within the 14-school-day timeline under this subsection, along with the school district's request for the parent's or guardian's consent to conduct the needed assessments. After a meeting is scheduled within the 14-school-day timeline under this subsection, the parent or guardian may request, in writing, an extension of the 14-school-day timeline for up to 10 additional school days. The written request for an extension shall be maintained in the student's temporary school records.

(c) For a student with documentation from a health care provider indicating the need for an individualized health care plan to address a significant health condition that is a likely threat to the student's health or safety in the school setting, the appropriate school personnel shall, within 14 school days after receipt of (i) documentation from the health care provider outlining the student's medical need and (ii) duly executed authorization for the release of information forms pursuant to applicable federal and State laws to permit school personnel to communicate and exchange information with the health care provider, meet with the student's parent or guardian and, if appropriate, the student, to consider the creation of an individualized health care plan consistent with the health care provider's health or safety recommendations. If the appropriate school personnel agree with the health care provider's recommendations, implementation of the individualized health care plan shall commence within the 14-school-day timeline under this subsection. The creation of an individualized health care plan for a student does not preclude the development of a Section 504 plan for the student.

(d) Nothing in this Section supersedes the requirements in Section 22-30 of this Code, the Care of Students with Diabetes Act, or the Seizure Smart School Act.

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