SB1953 95TH GENERAL ASSEMBLY

LRB095 17706 NHT 43781 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1953

Introduced 2/7/2008, by Sen. Deanna Demuzio

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-8.02e new

Amends the Children with Disabilities Article of the School Code. Provides that in implementing a response to intervention (RTI) process for a student suspected of having a specific learning disability or other disability that adversely impacts the academic progress of the student, a school district must comply with specified procedures prior to implementing RTI. Provides that if a student who is participating in RTI is alleged to have engaged in behavior that is in violation of a code of student conduct, the school district shall be deemed to have knowledge that the student is a student with a disability, pursuant to federal law, and shall follow the procedures set forth in federal law if the school district proposes to take disciplinary action against 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 Section 14-8.02e as follows:

(105 ILCS 5/14-8.02e new)

Sec. 14-8.02e. Response to intervention; parental rights and involvement.

(a) In implementing a response to intervention (RTI) process, pursuant to 34 CFR 300.304 and rules adopted by the State Board of Education, for a student suspected of having a specific learning disability or other disability that adversely impacts the academic progress of the student, a school district must comply with all of the following procedures prior to implementing RTI:

(1) Convene a meeting between the student's parents and appropriate school personnel who are involved in the process of referring the student for RTI and discuss with the parents the reasons why RTI is considered appropriate for the student and the proposed content of the intervention strategies and develop, with the participation of the parents, the individualized goals of RTI for the student.

(2) Provide an explanation in writing to the parents of how data will be collected and analyzed for the student.

(3) Establish with the parents a mutually agreed upon process and schedule for sharing data and progress reports with the parents, which must be confirmed in writing.

(4) In consultation with appropriate school personnel and the parents, establish and confirm in writing a maximum time that RTI will be implemented for the student, absent subsequent consent by the parents to extend the maximum time.

(5) Provide written notice to the parents of their right, under this Article and 20 U.S.C. Sec. 1415, to request an evaluation to determine whether the student is eligible for special education during the period in which RTI is being used for the student. A parental request for an evaluation must not be denied solely on the basis that the student is participating in RTI.

(b) If a student who is participating in RTI is alleged to have engaged in behavior that is in violation of a code of student conduct, the school district shall be deemed to have knowledge that the student is a child with a disability, pursuant to 20 U.S.C. Sec. 1415(k)(5), and shall follow the procedures set forth in 20 U.S.C. 1415(k) if the school district proposes to take disciplinary action against the student.

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