99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1604

 

Introduced 2/20/2015, by Sen. Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-2

    Amends the Children with Disabilities Article of the School Code. Provides that the State Board of Education shall have no authority to adopt any administrative rules that establish or limit the class size or ratio of the student population of a general education class for special eduction students receiving services in general education classes beyond what may be required by federal rule or law, unless the Board fully funds the cost of additional teachers and other staff that are required by such class-size limitations. Limits the Board's authority to adopt any administrative rules that establish or limit the class size of special education classes. Defines "special education classes". Requires that any rule in effect on the effective date of this amendatory Act establishing or limiting the class size or ratio of the student population of general education classes for special education students receiving services in general education classes or establishing or limiting the class size of special education classes is null and void on the effective date of this amendatory Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-2 as follows:
 
6    (105 ILCS 5/14-2)
7    Sec. 14-2. Class size Definition of general education
8classroom for special education students receiving services in
9the general education classroom.
10    (a) The State Board of Education shall have no authority to
11adopt any administrative rules that establish or limit the
12class size or ratio of the student population of a general
13education class for special education students receiving
14services in general education classes beyond what may be
15required by federal rule or law, unless the State Board fully
16funds the cost of additional teachers and other staff that are
17required by such class-size limitations. With respect to any
18State statute or administrative rule that defines a general
19education classroom to be composed of a certain percentage of
20students with individualized education programs (IEPs),
21students with individualized education programs shall exclude
22students receiving only speech services outside of the general
23education classroom, provided that the instruction the

 

 

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1students receive in the general education classroom does not
2require modification.
3    (a-5) In this subsection (a-5), "special education
4classes" means any circumstance where only students with
5individualized educational programs are served and at least one
6special education teacher is assigned and provides instruction
7or therapy exclusively to students with individualized
8educational programs.
9    The State Board shall have no authority to adopt any
10administrative rules that establish or limit the class size of
11special education classes beyond what may be required by
12federal rule or law, unless the State Board fully funds the
13cost of additional teachers and other staff that are required
14by such class size limitation.
15    (b) (Blank). In every instance, a school district must
16ensure that composition of the general education classroom does
17not interfere with the provision of a free and appropriate
18public education to any student.
19    (c) Any rule in effect on the effective date of this
20amendatory Act of the 99th General Assembly establishing or
21limiting the class size or ratio of the student population of
22general education classes for special education students
23receiving services in general education classes or
24establishing or limiting the class size of special education
25classes is null and void on the effective date of this
26amendatory Act of the 99th General Assembly.

 

 

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1(Source: P.A. 97-284, eff. 8-9-11.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.