Rep. Laura Fine

Filed: 5/18/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 454 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
514-8.02 as follows:
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    Sec. 14-8.02. Identification, evaluation, and placement of
9    (a) The State Board of Education shall make rules under
10which local school boards shall determine the eligibility of
11children to receive special education. Such rules shall ensure
12that a free appropriate public education be available to all
13children with disabilities as defined in Section 14-1.02. The
14State Board of Education shall require local school districts
15to administer non-discriminatory procedures or tests to
16English learners coming from homes in which a language other



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1than English is used to determine their eligibility to receive
2special education. The placement of low English proficiency
3students in special education programs and facilities shall be
4made in accordance with the test results reflecting the
5student's linguistic, cultural and special education needs.
6For purposes of determining the eligibility of children the
7State Board of Education shall include in the rules definitions
8of "case study", "staff conference", "individualized
9educational program", and "qualified specialist" appropriate
10to each category of children with disabilities as defined in
11this Article. For purposes of determining the eligibility of
12children from homes in which a language other than English is
13used, the State Board of Education shall include in the rules
14definitions for "qualified bilingual specialists" and
15"linguistically and culturally appropriate individualized
16educational programs". For purposes of this Section, as well as
17Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
18"parent" means a parent as defined in the federal Individuals
19with Disabilities Education Act (20 U.S.C. 1401(23)).
20    (b) No child shall be eligible for special education
21facilities except with a carefully completed case study fully
22reviewed by professional personnel in a multidisciplinary
23staff conference and only upon the recommendation of qualified
24specialists or a qualified bilingual specialist, if available.
25At the conclusion of the multidisciplinary staff conference,
26the parent of the child shall be given a copy of the



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1multidisciplinary conference summary report and
2recommendations, which includes options considered, and be
3informed of their right to obtain an independent educational
4evaluation if they disagree with the evaluation findings
5conducted or obtained by the school district. If the school
6district's evaluation is shown to be inappropriate, the school
7district shall reimburse the parent for the cost of the
8independent evaluation. The State Board of Education shall,
9with advice from the State Advisory Council on Education of
10Children with Disabilities on the inclusion of specific
11independent educational evaluators, prepare a list of
12suggested independent educational evaluators. The State Board
13of Education shall include on the list clinical psychologists
14licensed pursuant to the Clinical Psychologist Licensing Act.
15Such psychologists shall not be paid fees in excess of the
16amount that would be received by a school psychologist for
17performing the same services. The State Board of Education
18shall supply school districts with such list and make the list
19available to parents at their request. School districts shall
20make the list available to parents at the time they are
21informed of their right to obtain an independent educational
22evaluation. However, the school district may initiate an
23impartial due process hearing under this Section within 5 days
24of any written parent request for an independent educational
25evaluation to show that its evaluation is appropriate. If the
26final decision is that the evaluation is appropriate, the



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1parent still has a right to an independent educational
2evaluation, but not at public expense. An independent
3educational evaluation at public expense must be completed
4within 30 days of a parent written request unless the school
5district initiates an impartial due process hearing or the
6parent or school district offers reasonable grounds to show
7that such 30 day time period should be extended. If the due
8process hearing decision indicates that the parent is entitled
9to an independent educational evaluation, it must be completed
10within 30 days of the decision unless the parent or the school
11district offers reasonable grounds to show that such 30 day
12period should be extended. If a parent disagrees with the
13summary report or recommendations of the multidisciplinary
14conference or the findings of any educational evaluation which
15results therefrom, the school district shall not proceed with a
16placement based upon such evaluation and the child shall remain
17in his or her regular classroom setting. No child shall be
18eligible for admission to a special class for children with a
19mental disability who are educable or for children with a
20mental disability who are trainable except with a psychological
21evaluation and recommendation by a school psychologist.
22Consent shall be obtained from the parent of a child before any
23evaluation is conducted. If consent is not given by the parent
24or if the parent disagrees with the findings of the evaluation,
25then the school district may initiate an impartial due process
26hearing under this Section. The school district may evaluate



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1the child if that is the decision resulting from the impartial
2due process hearing and the decision is not appealed or if the
3decision is affirmed on appeal. The determination of
4eligibility shall be made and the IEP meeting shall be
5completed within 60 school days from the date of written
6parental consent. In those instances when written parental
7consent is obtained with fewer than 60 pupil attendance days
8left in the school year, the eligibility determination shall be
9made and the IEP meeting shall be completed prior to the first
10day of the following school year. Special education and related
11services must be provided in accordance with the student's IEP
12no later than 10 school attendance days after notice is
13provided to the parents pursuant to Section 300.503 of Title 34
14of the Code of Federal Regulations and implementing rules
15adopted by the State Board of Education. The appropriate
16program pursuant to the individualized educational program of
17students whose native tongue is a language other than English
18shall reflect the special education, cultural and linguistic
19needs. No later than September 1, 1993, the State Board of
20Education shall establish standards for the development,
21implementation and monitoring of appropriate bilingual special
22individualized educational programs. The State Board of
23Education shall further incorporate appropriate monitoring
24procedures to verify implementation of these standards. The
25district shall indicate to the parent and the State Board of
26Education the nature of the services the child will receive for



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1the regular school term while waiting placement in the
2appropriate special education class. At the child's initial IEP
3meeting and at each annual review meeting, the child's IEP team
4shall provide the child's parent or guardian with a written
5notification that informs the parent or guardian that the IEP
6team is required to consider whether the child requires
7assistive technology in order to receive free, appropriate
8public education. The notification must also include a toll
9free telephone number and internet address for the State's
10assistive technology program.
11    If the child is deaf, hard of hearing, blind, or visually
12impaired and he or she might be eligible to receive services
13from the Illinois School for the Deaf or the Illinois School
14for the Visually Impaired, the school district shall notify the
15parents, in writing, of the existence of these schools and the
16services they provide and shall make a reasonable effort to
17inform the parents of the existence of other, local schools
18that provide similar services and the services that these other
19schools provide. This notification shall include without
20limitation information on school services, school admissions
21criteria, and school contact information.
22    In the development of the individualized education program
23for a student who has a disability on the autism spectrum
24(which includes autistic disorder, Asperger's disorder,
25pervasive developmental disorder not otherwise specified,
26childhood disintegrative disorder, and Rett Syndrome, as



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1defined in the Diagnostic and Statistical Manual of Mental
2Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
3consider all of the following factors:
4        (1) The verbal and nonverbal communication needs of the
5    child.
6        (2) The need to develop social interaction skills and
7    proficiencies.
8        (3) The needs resulting from the child's unusual
9    responses to sensory experiences.
10        (4) The needs resulting from resistance to
11    environmental change or change in daily routines.
12        (5) The needs resulting from engagement in repetitive
13    activities and stereotyped movements.
14        (6) The need for any positive behavioral
15    interventions, strategies, and supports to address any
16    behavioral difficulties resulting from autism spectrum
17    disorder.
18        (7) Other needs resulting from the child's disability
19    that impact progress in the general curriculum, including
20    social and emotional development.
21Public Act 95-257 does not create any new entitlement to a
22service, program, or benefit, but must not affect any
23entitlement to a service, program, or benefit created by any
24other law.
25    If the student may be eligible to participate in the
26Home-Based Support Services Program for Adults with Mental



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1Disabilities authorized under the Developmental Disability and
2Mental Disability Services Act upon becoming an adult, the
3student's individualized education program shall include plans
4for (i) determining the student's eligibility for those
5home-based services, (ii) enrolling the student in the program
6of home-based services, and (iii) developing a plan for the
7student's most effective use of the home-based services after
8the student becomes an adult and no longer receives special
9educational services under this Article. The plans developed
10under this paragraph shall include specific actions to be taken
11by specified individuals, agencies, or officials.
12    (c) In the development of the individualized education
13program for a student who is functionally blind, it shall be
14presumed that proficiency in Braille reading and writing is
15essential for the student's satisfactory educational progress.
16For purposes of this subsection, the State Board of Education
17shall determine the criteria for a student to be classified as
18functionally blind. Students who are not currently identified
19as functionally blind who are also entitled to Braille
20instruction include: (i) those whose vision loss is so severe
21that they are unable to read and write at a level comparable to
22their peers solely through the use of vision, and (ii) those
23who show evidence of progressive vision loss that may result in
24functional blindness. Each student who is functionally blind
25shall be entitled to Braille reading and writing instruction
26that is sufficient to enable the student to communicate with



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1the same level of proficiency as other students of comparable
2ability. Instruction should be provided to the extent that the
3student is physically and cognitively able to use Braille.
4Braille instruction may be used in combination with other
5special education services appropriate to the student's
6educational needs. The assessment of each student who is
7functionally blind for the purpose of developing the student's
8individualized education program shall include documentation
9of the student's strengths and weaknesses in Braille skills.
10Each person assisting in the development of the individualized
11education program for a student who is functionally blind shall
12receive information describing the benefits of Braille
13instruction. The individualized education program for each
14student who is functionally blind shall specify the appropriate
15learning medium or media based on the assessment report.
16    (d) To the maximum extent appropriate, the placement shall
17provide the child with the opportunity to be educated with
18children who do not have a disability; provided that children
19with disabilities who are recommended to be placed into regular
20education classrooms are provided with supplementary services
21to assist the children with disabilities to benefit from the
22regular classroom instruction and are included on the teacher's
23regular education class register. Subject to the limitation of
24the preceding sentence, placement in special classes, separate
25schools or other removal of the child with a disability from
26the regular educational environment shall occur only when the



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1nature of the severity of the disability is such that education
2in the regular classes with the use of supplementary aids and
3services cannot be achieved satisfactorily. The placement of
4English learners with disabilities shall be in non-restrictive
5environments which provide for integration with peers who do
6not have disabilities in bilingual classrooms. Annually, each
7January, school districts shall report data on students from
8non-English speaking backgrounds receiving special education
9and related services in public and private facilities as
10prescribed in Section 2-3.30. If there is a disagreement
11between parties involved regarding the special education
12placement of any child, either in-state or out-of-state, the
13placement is subject to impartial due process procedures
14described in Article 10 of the Rules and Regulations to Govern
15the Administration and Operation of Special Education.
16    (e) No child who comes from a home in which a language
17other than English is the principal language used may be
18assigned to any class or program under this Article until he
19has been given, in the principal language used by the child and
20used in his home, tests reasonably related to his cultural
21environment. All testing and evaluation materials and
22procedures utilized for evaluation and placement shall not be
23linguistically, racially or culturally discriminatory.
24    (f) Nothing in this Article shall be construed to require
25any child to undergo any physical examination or medical
26treatment whose parents object thereto on the grounds that such



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1examination or treatment conflicts with his religious beliefs.
2    (g) School boards or their designee shall provide to the
3parents of a child prior written notice of any decision (a)
4proposing to initiate or change, or (b) refusing to initiate or
5change, the identification, evaluation, or educational
6placement of the child or the provision of a free appropriate
7public education to their child, and the reasons therefor. Such
8written notification shall also inform the parent of the
9opportunity to present complaints with respect to any matter
10relating to the educational placement of the student, or the
11provision of a free appropriate public education and to have an
12impartial due process hearing on the complaint. The notice
13shall inform the parents in the parents' native language,
14unless it is clearly not feasible to do so, of their rights and
15all procedures available pursuant to this Act and the federal
16Individuals with Disabilities Education Improvement Act of
172004 (Public Law 108-446); it shall be the responsibility of
18the State Superintendent to develop uniform notices setting
19forth the procedures available under this Act and the federal
20Individuals with Disabilities Education Improvement Act of
212004 (Public Law 108-446) to be used by all school boards. The
22notice shall also inform the parents of the availability upon
23request of a list of free or low-cost legal and other relevant
24services available locally to assist parents in initiating an
25impartial due process hearing. The State Superintendent shall
26revise the uniform notices required by this subsection (g) to



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1reflect current law and procedures at least once every 2 years.
2Any parent who is deaf, or does not normally communicate using
3spoken English, who participates in a meeting with a
4representative of a local educational agency for the purposes
5of developing an individualized educational program shall be
6entitled to the services of an interpreter.
7    (g-5) For purposes of this subsection (g-5), "qualified
8professional" means an individual who holds credentials to
9evaluate the child in the domain or domains for which an
10evaluation is sought or an intern working under the direct
11supervision of a qualified professional, including a master's
12or doctoral degree candidate.
13    To ensure that a parent can participate fully and
14effectively with school personnel in the development of
15appropriate educational and related services for his or her
16child, the parent, an independent educational evaluator, or a
17qualified professional retained by or on behalf of a parent or
18child must be afforded reasonable access to educational
19facilities, personnel, classrooms, and buildings and to the
20child as provided in this subsection (g-5). The requirements of
21this subsection (g-5) apply to any public school facility,
22building, or program and to any facility, building, or program
23supported in whole or in part by public funds. Prior to
24visiting a school, school building, or school facility, the
25parent, independent educational evaluator, or qualified
26professional may be required by the school district to inform



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1the building principal or supervisor in writing of the proposed
2visit, the purpose of the visit, and the approximate duration
3of the visit. The visitor and the school district shall arrange
4the visit or visits at times that are mutually agreeable.
5Visitors shall comply with school safety, security, and
6visitation policies at all times. School district visitation
7policies must not conflict with this subsection (g-5). Visitors
8shall be required to comply with the requirements of applicable
9privacy laws, including those laws protecting the
10confidentiality of education records such as the federal Family
11Educational Rights and Privacy Act and the Illinois School
12Student Records Act. The visitor shall not disrupt the
13educational process.
14        (1) A parent must be afforded reasonable access of
15    sufficient duration and scope for the purpose of observing
16    his or her child in the child's current educational
17    placement, services, or program or for the purpose of
18    visiting an educational placement or program proposed for
19    the child.
20        (2) An independent educational evaluator or a
21    qualified professional retained by or on behalf of a parent
22    or child must be afforded reasonable access of sufficient
23    duration and scope for the purpose of conducting an
24    evaluation of the child, the child's performance, the
25    child's current educational program, placement, services,
26    or environment, or any educational program, placement,



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1    services, or environment proposed for the child, including
2    interviews of educational personnel, child observations,
3    assessments, tests or assessments of the child's
4    educational program, services, or placement or of any
5    proposed educational program, services, or placement. If
6    one or more interviews of school personnel are part of the
7    evaluation, the interviews must be conducted at a mutually
8    agreed upon time, date, and place that do not interfere
9    with the school employee's school duties. The school
10    district may limit interviews to personnel having
11    information relevant to the child's current educational
12    services, program, or placement or to a proposed
13    educational service, program, or placement.
14    (h) (Blank).
15    (i) (Blank).
16    (j) (Blank).
17    (k) (Blank).
18    (l) (Blank).
19    (m) (Blank).
20    (n) (Blank).
21    (o) (Blank).
22(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
2399-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised