Rep. Harry Osterman
Filed: 3/26/2009
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1 | AMENDMENT TO HOUSE BILL 628
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2 | AMENDMENT NO. ______. Amend House Bill 628, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 14-8.02 as follows:
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7 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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8 | Sec. 14-8.02. Identification, Evaluation and Placement of | ||||||
9 | Children.
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10 | (a) The State Board of Education shall make rules under | ||||||
11 | which local school
boards shall determine the eligibility of | ||||||
12 | children to receive special
education. Such rules shall ensure | ||||||
13 | that a free appropriate public
education be available to all | ||||||
14 | children with disabilities as
defined in
Section 14-1.02. The | ||||||
15 | State Board of Education shall require local school
districts | ||||||
16 | to administer non-discriminatory procedures or tests to
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1 | limited English proficiency students coming from homes in which | ||||||
2 | a language
other than English is used to determine their | ||||||
3 | eligibility to receive special
education. The placement of low | ||||||
4 | English proficiency students in special
education programs and | ||||||
5 | facilities shall be made in accordance with the test
results | ||||||
6 | reflecting the student's linguistic, cultural and special | ||||||
7 | education
needs. For purposes of determining the eligibility of | ||||||
8 | children the State
Board of Education shall include in the | ||||||
9 | rules definitions of "case study",
"staff conference", | ||||||
10 | "individualized educational program", and "qualified
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11 | specialist" appropriate to each category of children with
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12 | disabilities as defined in
this Article. For purposes of | ||||||
13 | determining the eligibility of children from
homes in which a | ||||||
14 | language other than English is used, the State Board of
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15 | Education shall include in the rules
definitions for "qualified | ||||||
16 | bilingual specialists" and "linguistically and
culturally | ||||||
17 | appropriate individualized educational programs". For purposes | ||||||
18 | of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | ||||||
19 | 14-8.02c of this Code,
"parent" means a parent as defined in | ||||||
20 | the federal Individuals with Disabilities Education Act (20 | ||||||
21 | U.S.C. 1401(23)).
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22 | (b) No child shall be eligible for special education | ||||||
23 | facilities except
with a carefully completed case study fully | ||||||
24 | reviewed by professional
personnel in a multidisciplinary | ||||||
25 | staff conference and only upon the
recommendation of qualified | ||||||
26 | specialists or a qualified bilingual specialist, if
available. |
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1 | At the conclusion of the multidisciplinary staff conference, | ||||||
2 | the
parent of the child shall be given a copy of the | ||||||
3 | multidisciplinary
conference summary report and | ||||||
4 | recommendations, which includes options
considered, and be | ||||||
5 | informed of their right to obtain an independent educational
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6 | evaluation if they disagree with the evaluation findings | ||||||
7 | conducted or obtained
by the school district. If the school | ||||||
8 | district's evaluation is shown to be
inappropriate, the school | ||||||
9 | district shall reimburse the parent for the cost of
the | ||||||
10 | independent evaluation. The State Board of Education shall, | ||||||
11 | with advice
from the State Advisory Council on Education of | ||||||
12 | Children with
Disabilities on the
inclusion of specific | ||||||
13 | independent educational evaluators, prepare a list of
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14 | suggested independent educational evaluators. The State Board | ||||||
15 | of Education
shall include on the list clinical psychologists | ||||||
16 | licensed pursuant to the
Clinical Psychologist Licensing Act. | ||||||
17 | Such psychologists shall not be paid fees
in excess of the | ||||||
18 | amount that would be received by a school psychologist for
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19 | performing the same services. The State Board of Education | ||||||
20 | shall supply school
districts with such list and make the list | ||||||
21 | available to parents at their
request. School districts shall | ||||||
22 | make the list available to parents at the time
they are | ||||||
23 | informed of their right to obtain an independent educational
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24 | evaluation. However, the school district may initiate an | ||||||
25 | impartial
due process hearing under this Section within 5 days | ||||||
26 | of any written parent
request for an independent educational |
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1 | evaluation to show that
its evaluation is appropriate. If the | ||||||
2 | final decision is that the evaluation
is appropriate, the | ||||||
3 | parent still has a right to an independent educational
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4 | evaluation, but not at public expense. An independent | ||||||
5 | educational
evaluation at public expense must be completed | ||||||
6 | within 30 days of a parent
written request unless the school | ||||||
7 | district initiates an
impartial due process hearing or the | ||||||
8 | parent or school district
offers reasonable grounds to show | ||||||
9 | that such 30 day time period should be
extended. If the due | ||||||
10 | process hearing decision indicates that the parent is entitled | ||||||
11 | to an independent educational evaluation, it must be
completed | ||||||
12 | within 30 days of the decision unless the parent or
the school | ||||||
13 | district offers reasonable grounds to show that such 30 day
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14 | period should be extended. If a parent disagrees with the | ||||||
15 | summary report or
recommendations of the multidisciplinary | ||||||
16 | conference or the findings of any
educational evaluation which | ||||||
17 | results therefrom, the school
district shall not proceed with a | ||||||
18 | placement based upon such evaluation and
the child shall remain | ||||||
19 | in his or her regular classroom setting.
No child shall be | ||||||
20 | eligible for admission to a
special class for the educable | ||||||
21 | mentally disabled or for the
trainable
mentally disabled except | ||||||
22 | with a psychological evaluation
and
recommendation by a school | ||||||
23 | psychologist. Consent shall be obtained from
the parent of a | ||||||
24 | child before any evaluation is conducted.
If consent is not | ||||||
25 | given by the parent or if the parent disagrees with the | ||||||
26 | findings of the evaluation, then the school
district may |
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1 | initiate an impartial due process hearing under this Section.
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2 | The school district may evaluate the child if that is the | ||||||
3 | decision
resulting from the impartial due process hearing and | ||||||
4 | the decision is not
appealed or if the decision is affirmed on | ||||||
5 | appeal.
The determination of eligibility shall be made and the | ||||||
6 | IEP meeting shall be completed within 60 school days
from the | ||||||
7 | date of written parental consent. In those instances when | ||||||
8 | written parental consent is obtained with fewer than 60 pupil | ||||||
9 | attendance days left in the school year,
the eligibility | ||||||
10 | determination shall be made and the IEP meeting shall be | ||||||
11 | completed prior to the first day of the
following school year. | ||||||
12 | After a child has been determined to be eligible for a
special | ||||||
13 | education class, such child must be placed in the appropriate
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14 | program pursuant to the individualized educational program by | ||||||
15 | or no
later than the beginning of the next school semester. The | ||||||
16 | appropriate
program pursuant to the individualized educational | ||||||
17 | program of students
whose native tongue is a language other | ||||||
18 | than English shall reflect the
special education, cultural and | ||||||
19 | linguistic needs. No later than September
1, 1993, the State | ||||||
20 | Board of Education shall establish standards for the
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21 | development, implementation and monitoring of appropriate | ||||||
22 | bilingual special
individualized educational programs. The | ||||||
23 | State Board of Education shall
further incorporate appropriate | ||||||
24 | monitoring procedures to verify implementation
of these | ||||||
25 | standards. The district shall indicate to the parent and
the | ||||||
26 | State Board of Education the nature of the services the child |
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1 | will receive
for the regular school term while waiting | ||||||
2 | placement in the appropriate special
education class.
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3 | If the child is deaf, hard of hearing, blind, or visually | ||||||
4 | impaired and
he or she might be eligible to receive services | ||||||
5 | from the Illinois School for
the Deaf or the Illinois School | ||||||
6 | for the Visually Impaired, the school
district shall notify the | ||||||
7 | parents, in writing, of the existence of
these schools
and the | ||||||
8 | services
they provide and shall make a reasonable effort to | ||||||
9 | inform the parents of the existence of other, local schools | ||||||
10 | that provide similar services and the services that these other | ||||||
11 | schools provide. This notification
shall
include without | ||||||
12 | limitation information on school services, school
admissions | ||||||
13 | criteria, and school contact information.
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14 | In the development of the individualized education program | ||||||
15 | for a student who has a disability on the autism spectrum | ||||||
16 | (which includes autistic disorder, Asperger's disorder, | ||||||
17 | pervasive developmental disorder not otherwise specified, | ||||||
18 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
19 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
20 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
21 | consider all of the following factors: | ||||||
22 | (1) The verbal and nonverbal communication needs of the | ||||||
23 | child. | ||||||
24 | (2) The need to develop social interaction skills and | ||||||
25 | proficiencies. | ||||||
26 | (3) The needs resulting from the child's unusual |
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1 | responses to sensory experiences. | ||||||
2 | (4) The needs resulting from resistance to | ||||||
3 | environmental change or change in daily routines. | ||||||
4 | (5) The needs resulting from engagement in repetitive | ||||||
5 | activities and stereotyped movements. | ||||||
6 | (6) The need for any positive behavioral | ||||||
7 | interventions, strategies, and supports to address any | ||||||
8 | behavioral difficulties resulting from autism spectrum | ||||||
9 | disorder. | ||||||
10 | (7) Other needs resulting from the child's disability | ||||||
11 | that impact progress in the general curriculum, including | ||||||
12 | social and emotional development. | ||||||
13 | Public Act 95-257
does not create any new entitlement to a | ||||||
14 | service, program, or benefit, but must not affect any | ||||||
15 | entitlement to a service, program, or benefit created by any | ||||||
16 | other law.
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17 | If the student may be eligible to participate in the | ||||||
18 | Home-Based Support
Services Program for Mentally Disabled | ||||||
19 | Adults authorized under the
Developmental Disability and | ||||||
20 | Mental Disability Services Act upon becoming an
adult, the | ||||||
21 | student's individualized education program shall include plans | ||||||
22 | for
(i) determining the student's eligibility for those | ||||||
23 | home-based services, (ii)
enrolling the student in the program | ||||||
24 | of home-based services, and (iii)
developing a plan for the | ||||||
25 | student's most effective use of the home-based
services after | ||||||
26 | the student becomes an adult and no longer receives special
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1 | educational services under this Article. The plans developed | ||||||
2 | under this
paragraph shall include specific actions to be taken | ||||||
3 | by specified individuals,
agencies, or officials.
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4 | (c) In the development of the individualized education | ||||||
5 | program for a
student who is functionally blind, it shall be | ||||||
6 | presumed that proficiency in
Braille reading and writing is | ||||||
7 | essential for the student's satisfactory
educational progress. | ||||||
8 | For purposes of this subsection, the State Board of
Education | ||||||
9 | shall determine the criteria for a student to be classified as
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10 | functionally blind. Students who are not currently identified | ||||||
11 | as
functionally blind who are also entitled to Braille | ||||||
12 | instruction include:
(i) those whose vision loss is so severe | ||||||
13 | that they are unable to read and
write at a level comparable to | ||||||
14 | their peers solely through the use of
vision, and (ii) those | ||||||
15 | who show evidence of progressive vision loss that
may result in | ||||||
16 | functional blindness. Each student who is functionally blind
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17 | shall be entitled to Braille reading and writing instruction | ||||||
18 | that is
sufficient to enable the student to communicate with | ||||||
19 | the same level of
proficiency as other students of comparable | ||||||
20 | ability. Instruction should be
provided to the extent that the | ||||||
21 | student is physically and cognitively able
to use Braille. | ||||||
22 | Braille instruction may be used in combination with other
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23 | special education services appropriate to the student's | ||||||
24 | educational needs.
The assessment of each student who is | ||||||
25 | functionally blind for the purpose of
developing the student's | ||||||
26 | individualized education program shall include
documentation |
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1 | of the student's strengths and weaknesses in Braille skills.
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2 | Each person assisting in the development of the individualized | ||||||
3 | education
program for a student who is functionally blind shall | ||||||
4 | receive information
describing the benefits of Braille | ||||||
5 | instruction. The individualized
education program for each | ||||||
6 | student who is functionally blind shall
specify the appropriate | ||||||
7 | learning medium or media based on the assessment
report.
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8 | (d) To the maximum extent appropriate, the placement shall | ||||||
9 | provide the
child with the opportunity to be educated with | ||||||
10 | children who are not
disabled; provided that children with
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11 | disabilities who are recommended to be
placed into regular | ||||||
12 | education classrooms are provided with supplementary
services | ||||||
13 | to assist the children with disabilities to benefit
from the | ||||||
14 | regular
classroom instruction and are included on the teacher's | ||||||
15 | regular education class
register. Subject to the limitation of | ||||||
16 | the preceding sentence, placement in
special classes, separate | ||||||
17 | schools or other removal of the disabled child
from the regular | ||||||
18 | educational environment shall occur only when the nature of
the | ||||||
19 | severity of the disability is such that education in the
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20 | regular classes with
the use of supplementary aids and services | ||||||
21 | cannot be achieved satisfactorily.
The placement of limited | ||||||
22 | English proficiency students with disabilities shall
be in | ||||||
23 | non-restrictive environments which provide for integration | ||||||
24 | with
non-disabled peers in bilingual classrooms. Annually, | ||||||
25 | each January, school districts shall report data on students | ||||||
26 | from non-English
speaking backgrounds receiving special |
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1 | education and related services in
public and private facilities | ||||||
2 | as prescribed in Section 2-3.30. If there
is a disagreement | ||||||
3 | between parties involved regarding the special education
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4 | placement of any child, either in-state or out-of-state, the | ||||||
5 | placement is
subject to impartial due process procedures | ||||||
6 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
7 | the Administration and Operation of Special
Education.
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8 | (e) No child who comes from a home in which a language | ||||||
9 | other than English
is the principal language used may be | ||||||
10 | assigned to any class or program
under this Article until he | ||||||
11 | has been given, in the principal language
used by the child and | ||||||
12 | used in his home, tests reasonably related to his
cultural | ||||||
13 | environment. All testing and evaluation materials and | ||||||
14 | procedures
utilized for evaluation and placement shall not be | ||||||
15 | linguistically, racially or
culturally discriminatory.
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16 | (f) Nothing in this Article shall be construed to require | ||||||
17 | any child to
undergo any physical examination or medical | ||||||
18 | treatment whose parents object thereto on the grounds that such | ||||||
19 | examination or
treatment conflicts with his religious beliefs.
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20 | (g) School boards or their designee shall provide to the | ||||||
21 | parents of a child prior written notice of any decision (a) | ||||||
22 | proposing
to initiate or change, or (b) refusing to initiate or | ||||||
23 | change, the
identification, evaluation, or educational | ||||||
24 | placement of the child or the
provision of a free appropriate | ||||||
25 | public education to their child, and the
reasons therefor. Such | ||||||
26 | written notification shall also inform the
parent of the |
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1 | opportunity to present complaints with respect
to any matter | ||||||
2 | relating to the educational placement of the student, or
the | ||||||
3 | provision of a free appropriate public education and to have an
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4 | impartial due process hearing on the complaint. The notice | ||||||
5 | shall inform
the parents in the parents' native language,
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6 | unless it is clearly not feasible to do so, of their rights and | ||||||
7 | all
procedures available pursuant to this Act and the federal | ||||||
8 | Individuals with Disabilities Education Improvement Act of | ||||||
9 | 2004 (Public Law 108-446); it
shall be the responsibility of | ||||||
10 | the State Superintendent to develop
uniform notices setting | ||||||
11 | forth the procedures available under this Act
and the federal | ||||||
12 | Individuals with Disabilities Education Improvement Act of | ||||||
13 | 2004 (Public Law 108-446) to be used by all school boards. The | ||||||
14 | notice
shall also inform the parents of the availability upon
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15 | request of a list of free or low-cost legal and other relevant | ||||||
16 | services
available locally to assist parents in initiating an
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17 | impartial due process hearing. Any parent who is deaf, or
does | ||||||
18 | not normally communicate using spoken English, who | ||||||
19 | participates in
a meeting with a representative of a local | ||||||
20 | educational agency for the
purposes of developing an | ||||||
21 | individualized educational program shall be
entitled to the | ||||||
22 | services of an interpreter.
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23 | (g-5) To ensure that a parent can participate fully and | ||||||
24 | effectively with school personnel in the development of | ||||||
25 | appropriate educational and related services for his or her | ||||||
26 | child, the parent, an independent educational evaluator, or an |
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1 | expert retained by or on behalf of a parent or child must be | ||||||
2 | afforded access of sufficient duration and extent to | ||||||
3 | educational personnel, facilities, classrooms, and buildings | ||||||
4 | and to the child in order to conduct an evaluation of the | ||||||
5 | child, the child's performance, the child's current | ||||||
6 | educational program, placement, or environment, or any | ||||||
7 | proposed educational program, placement, or environment, | ||||||
8 | including interviews, observations, assessments, tests, or | ||||||
9 | assessments of the child's educational program or placement or | ||||||
10 | any proposed educational program or placement. Interviews of | ||||||
11 | educational personnel may be limited to personnel having | ||||||
12 | information relevant to the child's current educational | ||||||
13 | services, program, or placement or to a proposed educational | ||||||
14 | service, program, or placement. For purposes of this subsection | ||||||
15 | (g-5), "expert" includes a therapist, doctorate level educator | ||||||
16 | or specialist, academician, physician, diagnostician, | ||||||
17 | educational consultant, certified, licensed, or otherwise | ||||||
18 | credentialed professional, or student or intern in an | ||||||
19 | accredited program working under the direct supervision of a | ||||||
20 | therapist, doctorate level educator or specialist, | ||||||
21 | academician, physician, diagnostician, educational consultant, | ||||||
22 | or certified, licensed, or otherwise credentialed | ||||||
23 | professional. Prior to visiting a school, a school building, or | ||||||
24 | a school facility, the parent, independent educational | ||||||
25 | evaluator, or expert may be required to inform the building | ||||||
26 | principal or supervisor in writing of the proposed visit, the |
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1 | purposes of the visit, and the approximate duration of the | ||||||
2 | visit and arrange a visit at a mutually agreeable time. | ||||||
3 | Visitors shall comply with school safety and security policies | ||||||
4 | and protect students' right of privacy and may not disrupt the | ||||||
5 | educational process. | ||||||
6 | (h) (Blank).
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7 | (i) (Blank).
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8 | (j) (Blank).
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9 | (k) (Blank).
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10 | (l) (Blank).
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11 | (m) (Blank).
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12 | (n) (Blank).
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13 | (o) (Blank).
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14 | (Source: P.A. 94-376, eff. 7-29-05; 94-1100, eff. 2-2-07; | ||||||
15 | 95-257, eff. 1-1-08; 95-876, eff. 8-21-08.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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