Bill Status of HB 628   96th General Assembly

Short Description:  SCH CD-SPEC ED-EXPERT WITNESS

House Sponsors
Rep. Harry Osterman-Lou Lang-Karen May-Marlow H. Colvin, Esther Golar, Elizabeth Coulson, Kathleen A. Ryg, Naomi D. Jakobsson and Deborah L. Graham

Senate Sponsors
(Sen. Heather Steans-Don Harmon-Iris Y. Martinez-Susan Garrett-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/25/2009HousePublic Act . . . . . . . . . 96-0657

Statutes Amended In Order of Appearance
105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
105 ILCS 5/14-8.02a

Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. Provides that a private evaluator or expert retained by or on behalf a parent or guardian shall be afforded reasonable and unimpeded access to educational personnel, facilities, classrooms, and buildings and to the child for the purpose of conducting any appropriate interviews, observations, assessments, tests, or evaluations of the child and of the child's current or proposed educational program, placement, and educational environment. Provides that a parent or guardian shall be afforded reasonable and unimpeded access to observe the child in his or her current or proposed educational program, placement, and educational environment. Provides that a parent or guardian who is a prevailing party in an impartial due process hearing or in a civil action may recover from an opposing party reasonable expert witness costs if the expert witness contributed to the relief obtained by the parent or guardian. Effective immediately.

House Committee Amendment No. 1
Removes the provisions concerning a private evaluator or expert retained by or on behalf of a parent or guardian being afforded reasonable and unimpeded access to educational personnel, facilities, classrooms, and buildings and to the child and a parent or guardian being afforded reasonable and unimpeded access to observe the child in his or her current or proposed educational program, placement, and educational environment. Provides instead that the parent, an independent educational evaluator, or an expert retained by or on behalf of a parent or child must be afforded access of sufficient duration and extent to educational personnel, facilities, classrooms, and buildings and to the child in order to conduct an evaluation of the child, the child's performance, the child's current educational program, placement, or environment, or any proposed educational program, placement, or environment. Provides that a parent or guardian who is a prevailing party in an impartial due process hearing or in a civil action may recover from an opposing party reasonable expert witness costs incurred (instead of if the expert witness contributed to the relief obtained) by the parent or guardian. Makes changes concerning what recoverable expert witness costs must include and the definition of "prevailing party".

House Floor Amendment No. 2
Deletes reference to:
105 ILCS 5/14-8.02a

Deletes everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that a parent, an independent educational evaluator, or an expert retained by or on behalf of a parent or child must be afforded access of sufficient duration and extent to educational personnel, facilities, classrooms, and buildings and to the child in order to conduct an evaluation of the child, the child's performance, the child's current educational program, placement, or environment, or any proposed educational program, placement, or environment. Sets forth requirements concerning the visit. Provides that interviews of educational personnel may be limited to personnel having information relevant to the child's current educational services, program, or placement or to a proposed educational service, program, or placement. Effective immediately.

Senate Floor Amendment No. 2
Deletes everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. With respect to any public school facility, building, or program and to any facility, building, or program supported in whole or in part by public funds, provides that a parent, an independent educational evaluator, or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access to educational facilities, personnel, classrooms, and buildings and to the child. Sets forth requirements concerning the visit. Provides that a parent must be afforded reasonable access of sufficient duration and scope for the purpose of observing his or her child in the child's current educational placement, services, or program or for the purpose of visiting an educational placement or program proposed for the child. Provides that an independent educational evaluator or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access of sufficient duration and scope for the purpose of conducting an evaluation of the child, the child's performance, the child's current educational program, placement, services, or environment, or any educational program, placement, services, or environment proposed for the child. Provides that the school district may limit interviews to personnel having information relevant to the child's current educational services, program, or placement or to a proposed educational service, program, or placement. Effective immediately.

Actions 
DateChamber Action
  2/5/2009HouseFiled with the Clerk by Rep. Harry Osterman
  2/6/2009HouseFirst Reading
  2/6/2009HouseReferred to Rules Committee
  2/11/2009HouseAssigned to Elementary & Secondary Education Committee
  2/18/2009HouseAdded Co-Sponsor Rep. Lou Lang
  2/19/2009HouseAdded Co-Sponsor Rep. Esther Golar
  2/20/2009HouseRemoved Co-Sponsor Rep. Lou Lang
  2/20/2009HouseAdded Chief Co-Sponsor Rep. Lou Lang
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Karen May
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  3/4/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee
  3/4/2009HouseHouse Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
  3/4/2009HouseDo Pass as Amended / Short Debate Elementary & Secondary Education Committee; 011-002-001
  3/4/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2009HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  3/26/2009HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/26/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Harry Osterman
  3/26/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/30/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  4/1/2009HouseSecond Reading - Short Debate
  4/1/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  4/2/2009HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  4/2/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/2/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2009HouseAdded Co-Sponsor Rep. Deborah L. Graham
  4/2/2009HouseThird Reading - Short Debate - Passed 079-035-000
  4/15/2009SenateArrive in Senate
  4/15/2009SenatePlaced on Calendar Order of First Reading
  4/15/2009SenateChief Senate Sponsor Sen. John J. Cullerton
  4/15/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Education
  4/22/2009SenateAlternate Chief Sponsor Changed to Sen. Heather Steans
  4/29/2009SenateHeld in Education
  5/5/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/6/2009SenateDo Pass Education; 010-000-000
  5/6/2009SenatePlaced on Calendar Order of 2nd Reading May 7, 2009
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading May 12, 2009
  5/12/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Susan Garrett
  5/14/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Heather Steans
  5/14/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/15/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Heather Steans
  5/15/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/17/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Education
  5/17/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Education
  5/18/2009SenateSenate Floor Amendment No. 1 Tabled in Education; by Senator Steans
  5/18/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Education; 009-000-000
  5/19/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/19/2009SenateRecalled to Second Reading
  5/19/2009SenateSenate Floor Amendment No. 2 Adopted; Steans
  5/19/2009SenatePlaced on Calendar Order of 3rd Reading
  5/19/2009SenateThird Reading - Passed; 057-000-000
  5/20/2009HouseArrived in House
  5/20/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/20/2009HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Harry Osterman
  5/20/2009HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/28/2009HouseSenate Floor Amendment No. 2 House Concurs 117-000-000
  5/28/2009HousePassed Both Houses
  6/26/2009HouseSent to the Governor
  8/25/2009HouseGovernor Approved
  8/25/2009HouseEffective Date August 25, 2009
  8/25/2009HousePublic Act . . . . . . . . . 96-0657

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