Sen. Melinda Bush
Filed: 5/18/2018
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1 | AMENDMENT TO HOUSE BILL 5770
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2 | AMENDMENT NO. ______. Amend House Bill 5770 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 14-6.01 as follows:
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6 | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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7 | Sec. 14-6.01. Powers and duties of school boards. School | ||||||
8 | boards of
one or more school districts establishing and | ||||||
9 | maintaining any of the
educational facilities described in this | ||||||
10 | Article shall, in connection
therewith, exercise similar | ||||||
11 | powers and duties as are prescribed by law
for the | ||||||
12 | establishment, maintenance and management of other recognized
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13 | educational facilities. Such school boards shall include only | ||||||
14 | eligible
children in the program and shall comply with all the | ||||||
15 | requirements of
this Article and all rules and regulations | ||||||
16 | established by the State
Board of Education. Such school boards |
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1 | shall accept in part-time
attendance children with | ||||||
2 | disabilities of the types
described in Sections
14-1.02 through | ||||||
3 | 14-1.07 who are enrolled in nonpublic schools. A
request for | ||||||
4 | part-time attendance must be submitted by a parent or
guardian | ||||||
5 | of the child with a disability and may be made
only to those | ||||||
6 | public
schools located in the district where the child | ||||||
7 | attending the nonpublic
school resides; however, nothing in | ||||||
8 | this Section shall be construed as
prohibiting an agreement | ||||||
9 | between the district where the child resides
and another public | ||||||
10 | school district to provide special educational
services if such | ||||||
11 | an arrangement is deemed more convenient and
economical. | ||||||
12 | Special education and related services must be provided in | ||||||
13 | accordance with the student's IEP no later than 10 school | ||||||
14 | attendance days after notice is provided to the parents | ||||||
15 | pursuant to Section 300.503 of Title 34 of the Code of Federal | ||||||
16 | Regulations and implementing rules adopted by the State Board | ||||||
17 | of Education. Transportation for students in part time | ||||||
18 | attendance shall be
provided only if required in the child's | ||||||
19 | individualized educational program
on the basis of the child's | ||||||
20 | disabling condition or as the
special education
program | ||||||
21 | location may require.
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22 | Beginning with the 2019-2020 school year, a school board | ||||||
23 | shall post on its Internet website, if any, and incorporate | ||||||
24 | into its student handbook or newsletter notice that the school | ||||||
25 | district provides a free, appropriate public education in the | ||||||
26 | least restrictive environment and necessary related services |
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1 | to all children with mental health and physical disabilities | ||||||
2 | who are enrolled in the school district, as required by the | ||||||
3 | federal Individuals With Disabilities Education Act, Section | ||||||
4 | 504 of the federal Rehabilitation Act of 1973, the federal | ||||||
5 | Americans With Disabilities Act of 1990, and this Code. A | ||||||
6 | school board shall publish a public notice in its newsletter of
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7 | general circulation or in the newsletter of another | ||||||
8 | governmental entity of
general circulation in the district or | ||||||
9 | if neither is available in the
district, then in a newspaper of | ||||||
10 | general circulation in the district, the
right of all children | ||||||
11 | with disabilities to a free
appropriate public education
as | ||||||
12 | provided under this Code. Such notice shall identify the | ||||||
13 | location and
phone number of the office or agent of the school | ||||||
14 | district to whom
inquiries should be directed regarding the | ||||||
15 | identification, assessment and
placement of such children.
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16 | School boards shall immediately provide upon request by any | ||||||
17 | person
written materials and other information that indicates | ||||||
18 | the specific
policies, procedures, rules and regulations | ||||||
19 | regarding the identification,
evaluation or educational | ||||||
20 | placement of children with
disabilities under Section
14-8.02 | ||||||
21 | of the School Code. Such information shall include information
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22 | regarding all rights and entitlements of such children under | ||||||
23 | this Code, and
of the opportunity to present complaints with | ||||||
24 | respect to any matter
relating to educational placement of the | ||||||
25 | student, or the provision of a
free appropriate public | ||||||
26 | education and to have an impartial due process
hearing on the |
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1 | complaint. The notice shall inform the parents or guardian
in | ||||||
2 | the parents' or guardian's native language, unless it is | ||||||
3 | clearly not
feasible to do so, of their rights and all | ||||||
4 | procedures available pursuant to
this Act and federal Public | ||||||
5 | Law 94-142; it shall be the responsibility of
the State | ||||||
6 | Superintendent to develop uniform notices setting forth the
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7 | procedures available under this Act and federal Public Law | ||||||
8 | 94-142, as
amended, to be used by all school boards. The notice | ||||||
9 | shall also inform the
parents or guardian of the availability | ||||||
10 | upon request of a list of free or
low-cost legal and other | ||||||
11 | relevant services available locally to assist
parents or | ||||||
12 | guardians in exercising rights or entitlements under this Code.
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13 | Any parent or guardian who is deaf, or does not normally | ||||||
14 | communicate
using spoken English, who participates in a meeting | ||||||
15 | with a representative
of a local educational agency for the | ||||||
16 | purposes of developing an
individualized educational program | ||||||
17 | shall be entitled to the services of
an interpreter.
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18 | No student with a disability or, in a school district | ||||||
19 | organized under Article 34 of this Code, child with a learning | ||||||
20 | disability may be denied promotion,
graduation or a general
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21 | diploma on the basis of failing a minimal competency test when | ||||||
22 | such failure
can be directly related to the disabling
condition | ||||||
23 | of the student. For the
purpose of this Act, "minimal | ||||||
24 | competency testing" is defined as tests which
are constructed | ||||||
25 | to measure the acquisition of skills to or beyond a certain
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26 | defined standard.
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1 | Effective July 1, 1966, high school districts are | ||||||
2 | financially
responsible for the education of pupils with | ||||||
3 | disabilities who
are residents in their
districts when such | ||||||
4 | pupils have reached age 15 but may admit
children with | ||||||
5 | disabilities into special educational facilities without
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6 | regard to graduation
from the eighth grade after such pupils | ||||||
7 | have reached the age of 14 1/2 years.
Upon a pupil with a | ||||||
8 | disability attaining the age of 14 1/2 years,
it shall be
the | ||||||
9 | duty of the elementary school district in which the pupil | ||||||
10 | resides to
notify the high school district in which the pupil | ||||||
11 | resides of the pupil's
current eligibility for special | ||||||
12 | education services, of the pupil's current
program, and of all | ||||||
13 | evaluation data upon which the current program is
based. After | ||||||
14 | an examination of that information the high school district
may | ||||||
15 | accept the current placement and all subsequent timelines shall | ||||||
16 | be
governed by the current individualized educational program; | ||||||
17 | or the high
school district may elect to conduct its own | ||||||
18 | evaluation and
multidisciplinary staff conference and | ||||||
19 | formulate its own individualized
educational program, in which | ||||||
20 | case the procedures and timelines contained
in Section 14-8.02 | ||||||
21 | shall apply.
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22 | (Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16; | ||||||
23 | 100-201, eff. 8-18-17.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.".
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