HB5214 EnrolledLRB102 23868 CMG 33061 b

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 Sections
514-6.01, 14-8.02, and 14-8.02a as follows:
 
6    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
7    Sec. 14-6.01. Powers and duties of school boards. School
8boards of one or more school districts establishing and
9maintaining any of the educational facilities described in
10this Article shall, in connection therewith, exercise similar
11powers and duties as are prescribed by law for the
12establishment, maintenance, and management of other recognized
13educational facilities. Such school boards shall include only
14eligible children in the program and shall comply with all the
15requirements of this Article and all rules and regulations
16established by the State Board of Education. Such school
17boards shall accept in part-time attendance children with
18disabilities of the types described in Sections 14-1.02
19through 14-1.07 who are enrolled in nonpublic schools. A
20request for part-time attendance must be submitted by a parent
21or guardian of the child with a disability and may be made only
22to those public schools located in the district where the
23child attending the nonpublic school resides; however, nothing

 

 

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1in this Section shall be construed as prohibiting an agreement
2between the district where the child resides and another
3public school district to provide special educational services
4if such an arrangement is deemed more convenient and
5economical. Special education and related services must be
6provided in accordance with the student's IEP no later than 10
7school attendance days after notice is provided to the parents
8pursuant to Section 300.503 of Title 34 of the Code of Federal
9Regulations and implementing rules adopted by the State Board
10of Education. Transportation for students in part time
11attendance shall be provided only if required in the child's
12individualized educational program on the basis of the child's
13disabling condition or as the special education program
14location may require.
15    Beginning with the 2019-2020 school year, a school board
16shall post on its Internet website, if any, and incorporate
17into its student handbook or newsletter notice that students
18with disabilities who do not qualify for an individualized
19education program, as required by the federal Individuals with
20Disabilities Education Act and implementing provisions of this
21Code, may qualify for services under Section 504 of the
22federal Rehabilitation Act of 1973 if the child (i) has a
23physical or mental impairment that substantially limits one or
24more major life activities, (ii) has a record of a physical or
25mental impairment, or (iii) is regarded as having a physical
26or mental impairment. Such notice shall identify the location

 

 

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1and phone number of the office or agent of the school district
2to whom inquiries should be directed regarding the
3identification, assessment, and placement of such children.
4The notice shall also state that any parent who is deaf or does
5not typically communicate using spoken English and who
6participates in a Section 504 meeting with a representative of
7a local educational agency shall be entitled to the services
8of an interpreter.
9    For a school district organized under Article 34 only,
10beginning with the 2019-2020 school year, the school district
11shall, in collaboration with its primary office overseeing
12special education, publish on the school district's publicly
13available website any proposed changes to its special
14education policies, directives, guidelines, or procedures that
15impact the provision of educational or related services to
16students with disabilities or the procedural safeguards
17afforded to students with disabilities or their parents or
18guardians made by the school district or school board. Any
19policy, directive, guideline, or procedural change that
20impacts those provisions or safeguards that is authorized by
21the school district's primary office overseeing special
22education or any other administrative office of the school
23district must be published on the school district's publicly
24available website no later than 45 days before the adoption of
25that change. Any policy directive, guideline, or procedural
26change that impacts those provisions or safeguards that is

 

 

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1authorized by the school board must be published on the school
2district's publicly available website no later than 30 days
3before the date of presentation to the school board for
4adoption. The school district's website must allow for virtual
5public comments on proposed special education policy,
6directive, guideline, or procedural changes that impact the
7provision of educational or related services to students with
8disabilities or the procedural safeguards afforded to students
9with disabilities or their parents or guardians from the date
10of the notification of the proposed change on the website
11until the date the change is adopted by the school district or
12until the date the change is presented to the school board for
13adoption. After the period for public comment is closed, the
14school district must maintain all public comments for a period
15of not less than 2 years from the date the special education
16change is adopted. The public comments are subject to the
17Freedom of Information Act. The school board shall, at a
18minimum, advertise the notice of the change and availability
19for public comment on its website. The State Board of
20Education may add additional reporting requirements for the
21district beyond policy, directive, guideline, or procedural
22changes that impact the provision of educational or related
23services to students with disabilities or the procedural
24safeguards afforded to students with disabilities or their
25parents or guardians if the State Board determines it is in the
26best interest of the students enrolled in the district

 

 

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1receiving special education services.
2    School boards shall immediately provide upon request by
3any person written materials and other information that
4indicates the specific policies, procedures, rules and
5regulations regarding the identification, evaluation or
6educational placement of children with disabilities under
7Section 14-8.02 of the School Code. Such information shall
8include information regarding all rights and entitlements of
9such children under this Code, and of the opportunity to
10present complaints with respect to any matter relating to
11educational placement of the student, or the provision of a
12free appropriate public education and to have an impartial due
13process hearing on the complaint. The notice shall inform the
14parents or guardian in the parents' or guardian's native
15language, unless it is clearly not feasible to do so, of their
16rights and all procedures available pursuant to this Act and
17federal Public Law 94-142; it shall be the responsibility of
18the State Superintendent to develop uniform notices setting
19forth the procedures available under this Act and federal
20Public Law 94-142, as amended, to be used by all school boards.
21The notice shall also inform the parents or guardian of the
22availability upon request of a list of free or low-cost legal
23and other relevant services available locally to assist
24parents or guardians in exercising rights or entitlements
25under this Code. For a school district organized under Article
2634 only, the school district must make the entirety of its

 

 

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1special education Procedural Manual and any other guidance
2documents pertaining to special education publicly available,
3in print and on the school district's website, in both English
4and Spanish. Upon request, the school district must make the
5Procedural Manual and other guidance documents available in
6print in any other language and accessible for individuals
7with disabilities.
8    Any parent or guardian who is deaf, or does not normally
9communicate using spoken English, who participates in a
10meeting with a representative of a local educational agency
11for the purposes of developing an individualized educational
12program shall be entitled to the services of an interpreter.
13    No student with a disability or, in a school district
14organized under Article 34 of this Code, child with a learning
15disability may be denied promotion, graduation or a general
16diploma on the basis of failing a minimal competency test when
17such failure can be directly related to the disabling
18condition of the student. For the purpose of this Act,
19"minimal competency testing" is defined as tests which are
20constructed to measure the acquisition of skills to or beyond
21a certain defined standard.
22    Effective July 1, 1966, high school districts are
23financially responsible for the education of pupils with
24disabilities who are residents in their districts when such
25pupils have reached age 15 but may admit children with
26disabilities into special educational facilities without

 

 

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1regard to graduation from the eighth grade after such pupils
2have reached the age of 14 1/2 years. Upon a pupil with a
3disability attaining the age of 14 1/2 years, it shall be the
4duty of the elementary school district in which the pupil
5resides to notify the high school district in which the pupil
6resides of the pupil's current eligibility for special
7education services, of the pupil's current program, and of all
8evaluation data upon which the current program is based. After
9an examination of that information the high school district
10may accept the current placement and all subsequent timelines
11shall be governed by the current individualized educational
12program; or the high school district may elect to conduct its
13own evaluation and multidisciplinary staff conference and
14formulate its own individualized educational program, in which
15case the procedures and timelines contained in Section 14-8.02
16shall apply.
17(Source: P.A. 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18;
18101-515, eff. 8-23-19.)
 
19    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
20    (Text of Section before amendment by P.A. 102-199)
21    Sec. 14-8.02. Identification, evaluation, and placement of
22children.
23    (a) The State Board of Education shall make rules under
24which local school boards shall determine the eligibility of
25children to receive special education. Such rules shall ensure

 

 

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1that a free appropriate public education be available to all
2children with disabilities as defined in Section 14-1.02. The
3State Board of Education shall require local school districts
4to administer non-discriminatory procedures or tests to
5English learners coming from homes in which a language other
6than English is used to determine their eligibility to receive
7special education. The placement of low English proficiency
8students in special education programs and facilities shall be
9made in accordance with the test results reflecting the
10student's linguistic, cultural and special education needs.
11For purposes of determining the eligibility of children the
12State Board of Education shall include in the rules
13definitions of "case study", "staff conference",
14"individualized educational program", and "qualified
15specialist" appropriate to each category of children with
16disabilities as defined in this Article. For purposes of
17determining the eligibility of children from homes in which a
18language other than English is used, the State Board of
19Education shall include in the rules definitions for
20"qualified bilingual specialists" and "linguistically and
21culturally appropriate individualized educational programs".
22For purposes of this Section, as well as Sections 14-8.02a,
2314-8.02b, and 14-8.02c of this Code, "parent" means a parent
24as defined in the federal Individuals with Disabilities
25Education Act (20 U.S.C. 1401(23)).
26    (b) No child shall be eligible for special education

 

 

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1facilities except with a carefully completed case study fully
2reviewed by professional personnel in a multidisciplinary
3staff conference and only upon the recommendation of qualified
4specialists or a qualified bilingual specialist, if available.
5At the conclusion of the multidisciplinary staff conference,
6the parent of the child shall be given a copy of the
7multidisciplinary conference summary report and
8recommendations, which includes options considered, and be
9informed of his or her right to obtain an independent
10educational evaluation if he or she disagrees with the
11evaluation findings conducted or obtained by the school
12district. If the school district's evaluation is shown to be
13inappropriate, the school district shall reimburse the parent
14for the cost of the independent evaluation. The State Board of
15Education shall, with advice from the State Advisory Council
16on Education of Children with Disabilities on the inclusion of
17specific independent educational evaluators, prepare a list of
18suggested independent educational evaluators. The State Board
19of Education shall include on the list clinical psychologists
20licensed pursuant to the Clinical Psychologist Licensing Act.
21Such psychologists shall not be paid fees in excess of the
22amount that would be received by a school psychologist for
23performing the same services. The State Board of Education
24shall supply school districts with such list and make the list
25available to parents at their request. School districts shall
26make the list available to parents at the time they are

 

 

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

 

 

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1psychological evaluation and recommendation by a school
2psychologist. Consent shall be obtained from the parent of a
3child before any evaluation is conducted. If consent is not
4given by the parent or if the parent disagrees with the
5findings of the evaluation, then the school district may
6initiate an impartial due process hearing under this Section.
7The school district may evaluate the child if that is the
8decision resulting from the impartial due process hearing and
9the decision is not appealed or if the decision is affirmed on
10appeal. The determination of eligibility shall be made and the
11IEP meeting shall be completed within 60 school days from the
12date of written parental consent. In those instances when
13written parental consent is obtained with fewer than 60 pupil
14attendance days left in the school year, the eligibility
15determination shall be made and the IEP meeting shall be
16completed prior to the first day of the following school year.
17Special education and related services must be provided in
18accordance with the student's IEP no later than 10 school
19attendance days after notice is provided to the parents
20pursuant to Section 300.503 of Title 34 of the Code of Federal
21Regulations and implementing rules adopted by the State Board
22of Education. The appropriate program pursuant to the
23individualized educational program of students whose native
24tongue is a language other than English shall reflect the
25special education, cultural and linguistic needs. No later
26than September 1, 1993, the State Board of Education shall

 

 

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1establish standards for the development, implementation and
2monitoring of appropriate bilingual special individualized
3educational programs. The State Board of Education shall
4further incorporate appropriate monitoring procedures to
5verify implementation of these standards. The district shall
6indicate to the parent and the State Board of Education the
7nature of the services the child will receive for the regular
8school term while awaiting waiting placement in the
9appropriate special education class. At the child's initial
10IEP meeting and at each annual review meeting, the child's IEP
11team shall provide the child's parent or guardian with a
12written notification that informs the parent or guardian that
13the IEP team is required to consider whether the child
14requires assistive technology in order to receive free,
15appropriate public education. The notification must also
16include a toll-free telephone number and internet address for
17the State's assistive technology program.
18    If the child is deaf, hard of hearing, blind, or visually
19impaired or has an orthopedic impairment or physical
20disability and he or she might be eligible to receive services
21from the Illinois School for the Deaf, the Illinois School for
22the Visually Impaired, or the Illinois Center for
23Rehabilitation and Education-Roosevelt, the school district
24shall notify the parents, in writing, of the existence of
25these schools and the services they provide and shall make a
26reasonable effort to inform the parents of the existence of

 

 

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1other, local schools that provide similar services and the
2services that these other schools provide. This notification
3shall include without limitation information on school
4services, school admissions criteria, and school contact
5information.
6    In the development of the individualized education program
7for a student who has a disability on the autism spectrum
8(which includes autistic disorder, Asperger's disorder,
9pervasive developmental disorder not otherwise specified,
10childhood disintegrative disorder, and Rett Syndrome, as
11defined in the Diagnostic and Statistical Manual of Mental
12Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
13consider all of the following factors:
14        (1) The verbal and nonverbal communication needs of
15    the child.
16        (2) The need to develop social interaction skills and
17    proficiencies.
18        (3) The needs resulting from the child's unusual
19    responses to sensory experiences.
20        (4) The needs resulting from resistance to
21    environmental change or change in daily routines.
22        (5) The needs resulting from engagement in repetitive
23    activities and stereotyped movements.
24        (6) The need for any positive behavioral
25    interventions, strategies, and supports to address any
26    behavioral difficulties resulting from autism spectrum

 

 

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1    disorder.
2        (7) Other needs resulting from the child's disability
3    that impact progress in the general curriculum, including
4    social and emotional development.
5Public Act 95-257 does not create any new entitlement to a
6service, program, or benefit, but must not affect any
7entitlement to a service, program, or benefit created by any
8other law.
9    If the student may be eligible to participate in the
10Home-Based Support Services Program for Adults with Mental
11Disabilities authorized under the Developmental Disability and
12Mental Disability Services Act upon becoming an adult, the
13student's individualized education program shall include plans
14for (i) determining the student's eligibility for those
15home-based services, (ii) enrolling the student in the program
16of home-based services, and (iii) developing a plan for the
17student's most effective use of the home-based services after
18the student becomes an adult and no longer receives special
19educational services under this Article. The plans developed
20under this paragraph shall include specific actions to be
21taken by specified individuals, agencies, or officials.
22    (c) In the development of the individualized education
23program for a student who is functionally blind, it shall be
24presumed that proficiency in Braille reading and writing is
25essential for the student's satisfactory educational progress.
26For purposes of this subsection, the State Board of Education

 

 

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1shall determine the criteria for a student to be classified as
2functionally blind. Students who are not currently identified
3as functionally blind who are also entitled to Braille
4instruction include: (i) those whose vision loss is so severe
5that they are unable to read and write at a level comparable to
6their peers solely through the use of vision, and (ii) those
7who show evidence of progressive vision loss that may result
8in functional blindness. Each student who is functionally
9blind shall be entitled to Braille reading and writing
10instruction that is sufficient to enable the student to
11communicate with the same level of proficiency as other
12students of comparable ability. Instruction should be provided
13to the extent that the student is physically and cognitively
14able to use Braille. Braille instruction may be used in
15combination with other special education services appropriate
16to the student's educational needs. The assessment of each
17student who is functionally blind for the purpose of
18developing the student's individualized education program
19shall include documentation of the student's strengths and
20weaknesses in Braille skills. Each person assisting in the
21development of the individualized education program for a
22student who is functionally blind shall receive information
23describing the benefits of Braille instruction. The
24individualized education program for each student who is
25functionally blind shall specify the appropriate learning
26medium or media based on the assessment report.

 

 

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1    (d) To the maximum extent appropriate, the placement shall
2provide the child with the opportunity to be educated with
3children who do not have a disability; provided that children
4with disabilities who are recommended to be placed into
5regular education classrooms are provided with supplementary
6services to assist the children with disabilities to benefit
7from the regular classroom instruction and are included on the
8teacher's regular education class register. Subject to the
9limitation of the preceding sentence, placement in special
10classes, separate schools or other removal of the child with a
11disability from the regular educational environment shall
12occur only when the nature of the severity of the disability is
13such that education in the regular classes with the use of
14supplementary aids and services cannot be achieved
15satisfactorily. The placement of English learners with
16disabilities shall be in non-restrictive environments which
17provide for integration with peers who do not have
18disabilities in bilingual classrooms. Annually, each January,
19school districts shall report data on students from
20non-English speaking backgrounds receiving special education
21and related services in public and private facilities as
22prescribed in Section 2-3.30. If there is a disagreement
23between parties involved regarding the special education
24placement of any child, either in-state or out-of-state, the
25placement is subject to impartial due process procedures
26described in Article 10 of the Rules and Regulations to Govern

 

 

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1the Administration and Operation of Special Education.
2    (e) No child who comes from a home in which a language
3other than English is the principal language used may be
4assigned to any class or program under this Article until he
5has been given, in the principal language used by the child and
6used in his home, tests reasonably related to his cultural
7environment. All testing and evaluation materials and
8procedures utilized for evaluation and placement shall not be
9linguistically, racially or culturally discriminatory.
10    (f) Nothing in this Article shall be construed to require
11any child to undergo any physical examination or medical
12treatment whose parents object thereto on the grounds that
13such examination or treatment conflicts with his religious
14beliefs.
15    (g) School boards or their designee shall provide to the
16parents of a child prior written notice of any decision (a)
17proposing to initiate or change, or (b) refusing to initiate
18or change, the identification, evaluation, or educational
19placement of the child or the provision of a free appropriate
20public education to their child, and the reasons therefor.
21Such written notification shall also inform the parent of the
22opportunity to present complaints with respect to any matter
23relating to the educational placement of the student, or the
24provision of a free appropriate public education and to have
25an impartial due process hearing on the complaint. The notice
26shall inform the parents in the parents' native language,

 

 

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1unless it is clearly not feasible to do so, of their rights and
2all procedures available pursuant to this Act and the federal
3Individuals with Disabilities Education Improvement Act of
42004 (Public Law 108-446); it shall be the responsibility of
5the State Superintendent to develop uniform notices setting
6forth the procedures available under this Act and the federal
7Individuals with Disabilities Education Improvement Act of
82004 (Public Law 108-446) to be used by all school boards. The
9notice shall also inform the parents of the availability upon
10request of a list of free or low-cost legal and other relevant
11services available locally to assist parents in initiating an
12impartial due process hearing. The State Superintendent shall
13revise the uniform notices required by this subsection (g) to
14reflect current law and procedures at least once every 2
15years. Any parent who is deaf, or does not normally
16communicate using spoken English and , who participates in a
17meeting with a representative of a local educational agency
18for the purposes of developing an individualized educational
19program or attends a multidisciplinary conference shall be
20entitled to the services of an interpreter. The State Board of
21Education must adopt rules to establish the criteria,
22standards, and competencies for a bilingual language
23interpreter who attends an individualized education program
24meeting under this subsection to assist a parent who has
25limited English proficiency.
26    (g-5) For purposes of this subsection (g-5), "qualified

 

 

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1professional" means an individual who holds credentials to
2evaluate the child in the domain or domains for which an
3evaluation is sought or an intern working under the direct
4supervision of a qualified professional, including a master's
5or doctoral degree candidate.
6    To ensure that a parent can participate fully and
7effectively with school personnel in the development of
8appropriate educational and related services for his or her
9child, the parent, an independent educational evaluator, or a
10qualified professional retained by or on behalf of a parent or
11child must be afforded reasonable access to educational
12facilities, personnel, classrooms, and buildings and to the
13child as provided in this subsection (g-5). The requirements
14of this subsection (g-5) apply to any public school facility,
15building, or program and to any facility, building, or program
16supported in whole or in part by public funds. Prior to
17visiting a school, school building, or school facility, the
18parent, independent educational evaluator, or qualified
19professional may be required by the school district to inform
20the building principal or supervisor in writing of the
21proposed visit, the purpose of the visit, and the approximate
22duration of the visit. The visitor and the school district
23shall arrange the visit or visits at times that are mutually
24agreeable. Visitors shall comply with school safety, security,
25and visitation policies at all times. School district
26visitation policies must not conflict with this subsection

 

 

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1(g-5). Visitors shall be required to comply with the
2requirements of applicable privacy laws, including those laws
3protecting the confidentiality of education records such as
4the federal Family Educational Rights and Privacy Act and the
5Illinois School Student Records Act. The visitor shall not
6disrupt the educational process.
7        (1) A parent must be afforded reasonable access of
8    sufficient duration and scope for the purpose of observing
9    his or her child in the child's current educational
10    placement, services, or program or for the purpose of
11    visiting an educational placement or program proposed for
12    the child.
13        (2) An independent educational evaluator or a
14    qualified professional retained by or on behalf of a
15    parent or child must be afforded reasonable access of
16    sufficient duration and scope for the purpose of
17    conducting an evaluation of the child, the child's
18    performance, the child's current educational program,
19    placement, services, or environment, or any educational
20    program, placement, services, or environment proposed for
21    the child, including interviews of educational personnel,
22    child observations, assessments, tests or assessments of
23    the child's educational program, services, or placement or
24    of any proposed educational program, services, or
25    placement. If one or more interviews of school personnel
26    are part of the evaluation, the interviews must be

 

 

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1    conducted at a mutually agreed upon time, date, and place
2    that do not interfere with the school employee's school
3    duties. The school district may limit interviews to
4    personnel having information relevant to the child's
5    current educational services, program, or placement or to
6    a proposed educational service, program, or placement.
7(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21;
8102-558, eff. 8-20-21.)
 
9    (Text of Section after amendment by P.A. 102-199)
10    Sec. 14-8.02. Identification, evaluation, and placement of
11children.
12    (a) The State Board of Education shall make rules under
13which local school boards shall determine the eligibility of
14children to receive special education. Such rules shall ensure
15that a free appropriate public education be available to all
16children with disabilities as defined in Section 14-1.02. The
17State Board of Education shall require local school districts
18to administer non-discriminatory procedures or tests to
19English learners coming from homes in which a language other
20than English is used to determine their eligibility to receive
21special education. The placement of low English proficiency
22students in special education programs and facilities shall be
23made in accordance with the test results reflecting the
24student's linguistic, cultural and special education needs.
25For purposes of determining the eligibility of children the

 

 

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1State Board of Education shall include in the rules
2definitions of "case study", "staff conference",
3"individualized educational program", and "qualified
4specialist" appropriate to each category of children with
5disabilities as defined in this Article. For purposes of
6determining the eligibility of children from homes in which a
7language other than English is used, the State Board of
8Education shall include in the rules definitions for
9"qualified bilingual specialists" and "linguistically and
10culturally appropriate individualized educational programs".
11For purposes of this Section, as well as Sections 14-8.02a,
1214-8.02b, and 14-8.02c of this Code, "parent" means a parent
13as defined in the federal Individuals with Disabilities
14Education Act (20 U.S.C. 1401(23)).
15    (b) No child shall be eligible for special education
16facilities except with a carefully completed case study fully
17reviewed by professional personnel in a multidisciplinary
18staff conference and only upon the recommendation of qualified
19specialists or a qualified bilingual specialist, if available.
20At the conclusion of the multidisciplinary staff conference,
21the parent of the child and, if the child is in the legal
22custody of the Department of Children and Family Services, the
23Department's Office of Education and Transition Services shall
24be given a copy of the multidisciplinary conference summary
25report and recommendations, which includes options considered,
26and, in the case of the parent, be informed of his or her right

 

 

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

 

 

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

 

 

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1decision is affirmed on appeal. The determination of
2eligibility shall be made and the IEP meeting shall be
3completed within 60 school days from the date of written
4parental consent. In those instances when written parental
5consent is obtained with fewer than 60 pupil attendance days
6left in the school year, the eligibility determination shall
7be made and the IEP meeting shall be completed prior to the
8first day of the following school year. Special education and
9related services must be provided in accordance with the
10student's IEP no later than 10 school attendance days after
11notice is provided to the parents pursuant to Section 300.503
12of Title 34 of the Code of Federal Regulations and
13implementing rules adopted by the State Board of Education.
14The appropriate program pursuant to the individualized
15educational program of students whose native tongue is a
16language other than English shall reflect the special
17education, cultural and linguistic needs. No later than
18September 1, 1993, the State Board of Education shall
19establish standards for the development, implementation and
20monitoring of appropriate bilingual special individualized
21educational programs. The State Board of Education shall
22further incorporate appropriate monitoring procedures to
23verify implementation of these standards. The district shall
24indicate to the parent, the State Board of Education, and, if
25applicable, the Department's Office of Education and
26Transition Services the nature of the services the child will

 

 

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1receive for the regular school term while awaiting waiting
2placement in the appropriate special education class. At the
3child's initial IEP meeting and at each annual review meeting,
4the child's IEP team shall provide the child's parent or
5guardian and, if applicable, the Department's Office of
6Education and Transition Services with a written notification
7that informs the parent or guardian or the Department's Office
8of Education and Transition Services that the IEP team is
9required to consider whether the child requires assistive
10technology in order to receive free, appropriate public
11education. The notification must also include a toll-free
12telephone number and internet address for the State's
13assistive technology program.
14    If the child is deaf, hard of hearing, blind, or visually
15impaired or has an orthopedic impairment or physical
16disability and he or she might be eligible to receive services
17from the Illinois School for the Deaf, the Illinois School for
18the Visually Impaired, or the Illinois Center for
19Rehabilitation and Education-Roosevelt, the school district
20shall notify the parents, in writing, of the existence of
21these schools and the services they provide and shall make a
22reasonable effort to inform the parents of the existence of
23other, local schools that provide similar services and the
24services that these other schools provide. This notification
25shall include without limitation information on school
26services, school admissions criteria, and school contact

 

 

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1information.
2    In the development of the individualized education program
3for a student who has a disability on the autism spectrum
4(which includes autistic disorder, Asperger's disorder,
5pervasive developmental disorder not otherwise specified,
6childhood disintegrative disorder, and Rett Syndrome, as
7defined in the Diagnostic and Statistical Manual of Mental
8Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
9consider all of the following factors:
10        (1) The verbal and nonverbal communication needs of
11    the child.
12        (2) The need to develop social interaction skills and
13    proficiencies.
14        (3) The needs resulting from the child's unusual
15    responses to sensory experiences.
16        (4) The needs resulting from resistance to
17    environmental change or change in daily routines.
18        (5) The needs resulting from engagement in repetitive
19    activities and stereotyped movements.
20        (6) The need for any positive behavioral
21    interventions, strategies, and supports to address any
22    behavioral difficulties resulting from autism spectrum
23    disorder.
24        (7) Other needs resulting from the child's disability
25    that impact progress in the general curriculum, including
26    social and emotional development.

 

 

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1Public Act 95-257 does not create any new entitlement to a
2service, program, or benefit, but must not affect any
3entitlement to a service, program, or benefit created by any
4other law.
5    If the student may be eligible to participate in the
6Home-Based Support Services Program for Adults with Mental
7Disabilities authorized under the Developmental Disability and
8Mental Disability Services Act upon becoming an adult, the
9student's individualized education program shall include plans
10for (i) determining the student's eligibility for those
11home-based services, (ii) enrolling the student in the program
12of home-based services, and (iii) developing a plan for the
13student's most effective use of the home-based services after
14the student becomes an adult and no longer receives special
15educational services under this Article. The plans developed
16under this paragraph shall include specific actions to be
17taken by specified individuals, agencies, or officials.
18    (c) In the development of the individualized education
19program for a student who is functionally blind, it shall be
20presumed that proficiency in Braille reading and writing is
21essential for the student's satisfactory educational progress.
22For purposes of this subsection, the State Board of Education
23shall determine the criteria for a student to be classified as
24functionally blind. Students who are not currently identified
25as functionally blind who are also entitled to Braille
26instruction include: (i) those whose vision loss is so severe

 

 

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1that they are unable to read and write at a level comparable to
2their peers solely through the use of vision, and (ii) those
3who show evidence of progressive vision loss that may result
4in functional blindness. Each student who is functionally
5blind shall be entitled to Braille reading and writing
6instruction that is sufficient to enable the student to
7communicate with the same level of proficiency as other
8students of comparable ability. Instruction should be provided
9to the extent that the student is physically and cognitively
10able to use Braille. Braille instruction may be used in
11combination with other special education services appropriate
12to the student's educational needs. The assessment of each
13student who is functionally blind for the purpose of
14developing the student's individualized education program
15shall include documentation of the student's strengths and
16weaknesses in Braille skills. Each person assisting in the
17development of the individualized education program for a
18student who is functionally blind shall receive information
19describing the benefits of Braille instruction. The
20individualized education program for each student who is
21functionally blind shall specify the appropriate learning
22medium or media based on the assessment report.
23    (d) To the maximum extent appropriate, the placement shall
24provide the child with the opportunity to be educated with
25children who do not have a disability; provided that children
26with disabilities who are recommended to be placed into

 

 

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1regular education classrooms are provided with supplementary
2services to assist the children with disabilities to benefit
3from the regular classroom instruction and are included on the
4teacher's regular education class register. Subject to the
5limitation of the preceding sentence, placement in special
6classes, separate schools or other removal of the child with a
7disability from the regular educational environment shall
8occur only when the nature of the severity of the disability is
9such that education in the regular classes with the use of
10supplementary aids and services cannot be achieved
11satisfactorily. The placement of English learners with
12disabilities shall be in non-restrictive environments which
13provide for integration with peers who do not have
14disabilities in bilingual classrooms. Annually, each January,
15school districts shall report data on students from
16non-English speaking backgrounds receiving special education
17and related services in public and private facilities as
18prescribed in Section 2-3.30. If there is a disagreement
19between parties involved regarding the special education
20placement of any child, either in-state or out-of-state, the
21placement is subject to impartial due process procedures
22described in Article 10 of the Rules and Regulations to Govern
23the Administration and Operation of Special Education.
24    (e) No child who comes from a home in which a language
25other than English is the principal language used may be
26assigned to any class or program under this Article until he

 

 

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1has been given, in the principal language used by the child and
2used in his home, tests reasonably related to his cultural
3environment. All testing and evaluation materials and
4procedures utilized for evaluation and placement shall not be
5linguistically, racially or culturally discriminatory.
6    (f) Nothing in this Article shall be construed to require
7any child to undergo any physical examination or medical
8treatment whose parents object thereto on the grounds that
9such examination or treatment conflicts with his religious
10beliefs.
11    (g) School boards or their designee shall provide to the
12parents of a child or, if applicable, the Department of
13Children and Family Services' Office of Education and
14Transition Services prior written notice of any decision (a)
15proposing to initiate or change, or (b) refusing to initiate
16or change, the identification, evaluation, or educational
17placement of the child or the provision of a free appropriate
18public education to their child, and the reasons therefor. For
19a parent, such written notification shall also inform the
20parent of the opportunity to present complaints with respect
21to any matter relating to the educational placement of the
22student, or the provision of a free appropriate public
23education and to have an impartial due process hearing on the
24complaint. The notice shall inform the parents in the parents'
25native language, unless it is clearly not feasible to do so, of
26their rights and all procedures available pursuant to this Act

 

 

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1and the federal Individuals with Disabilities Education
2Improvement Act of 2004 (Public Law 108-446); it shall be the
3responsibility of the State Superintendent to develop uniform
4notices setting forth the procedures available under this Act
5and the federal Individuals with Disabilities Education
6Improvement Act of 2004 (Public Law 108-446) to be used by all
7school boards. The notice shall also inform the parents of the
8availability upon request of a list of free or low-cost legal
9and other relevant services available locally to assist
10parents in initiating an impartial due process hearing. The
11State Superintendent shall revise the uniform notices required
12by this subsection (g) to reflect current law and procedures
13at least once every 2 years. Any parent who is deaf, or does
14not normally communicate using spoken English and , who
15participates in a meeting with a representative of a local
16educational agency for the purposes of developing an
17individualized educational program or attends a
18multidisciplinary conference shall be entitled to the services
19of an interpreter. The State Board of Education must adopt
20rules to establish the criteria, standards, and competencies
21for a bilingual language interpreter who attends an
22individualized education program meeting under this subsection
23to assist a parent who has limited English proficiency.
24    (g-5) For purposes of this subsection (g-5), "qualified
25professional" means an individual who holds credentials to
26evaluate the child in the domain or domains for which an

 

 

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1evaluation is sought or an intern working under the direct
2supervision of a qualified professional, including a master's
3or doctoral degree candidate.
4    To ensure that a parent can participate fully and
5effectively with school personnel in the development of
6appropriate educational and related services for his or her
7child, the parent, an independent educational evaluator, or a
8qualified professional retained by or on behalf of a parent or
9child must be afforded reasonable access to educational
10facilities, personnel, classrooms, and buildings and to the
11child as provided in this subsection (g-5). The requirements
12of this subsection (g-5) apply to any public school facility,
13building, or program and to any facility, building, or program
14supported in whole or in part by public funds. Prior to
15visiting a school, school building, or school facility, the
16parent, independent educational evaluator, or qualified
17professional may be required by the school district to inform
18the building principal or supervisor in writing of the
19proposed visit, the purpose of the visit, and the approximate
20duration of the visit. The visitor and the school district
21shall arrange the visit or visits at times that are mutually
22agreeable. Visitors shall comply with school safety, security,
23and visitation policies at all times. School district
24visitation policies must not conflict with this subsection
25(g-5). Visitors shall be required to comply with the
26requirements of applicable privacy laws, including those laws

 

 

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1protecting the confidentiality of education records such as
2the federal Family Educational Rights and Privacy Act and the
3Illinois School Student Records Act. The visitor shall not
4disrupt the educational process.
5        (1) A parent must be afforded reasonable access of
6    sufficient duration and scope for the purpose of observing
7    his or her child in the child's current educational
8    placement, services, or program or for the purpose of
9    visiting an educational placement or program proposed for
10    the child.
11        (2) An independent educational evaluator or a
12    qualified professional retained by or on behalf of a
13    parent or child must be afforded reasonable access of
14    sufficient duration and scope for the purpose of
15    conducting an evaluation of the child, the child's
16    performance, the child's current educational program,
17    placement, services, or environment, or any educational
18    program, placement, services, or environment proposed for
19    the child, including interviews of educational personnel,
20    child observations, assessments, tests or assessments of
21    the child's educational program, services, or placement or
22    of any proposed educational program, services, or
23    placement. If one or more interviews of school personnel
24    are part of the evaluation, the interviews must be
25    conducted at a mutually agreed upon time, date, and place
26    that do not interfere with the school employee's school

 

 

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1    duties. The school district may limit interviews to
2    personnel having information relevant to the child's
3    current educational services, program, or placement or to
4    a proposed educational service, program, or placement.
5(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
6102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised
710-14-21.)
 
8    (105 ILCS 5/14-8.02a)
9    Sec. 14-8.02a. Impartial due process hearing; civil
10action.
11    (a) This Section shall apply to all impartial due process
12hearings requested on or after July 1, 2005. Impartial due
13process hearings requested before July 1, 2005 shall be
14governed by the rules described in Public Act 89-652.
15    (a-5) For purposes of this Section and Section 14-8.02b of
16this Code, days shall be computed in accordance with Section
171.11 of the Statute on Statutes.
18    (b) The State Board of Education shall establish an
19impartial due process hearing system in accordance with this
20Section and may, with the advice and approval of the Advisory
21Council on Education of Children with Disabilities, promulgate
22rules and regulations consistent with this Section to
23establish the rules and procedures for due process hearings.
24    (c) (Blank).
25    (d) (Blank).

 

 

HB5214 Enrolled- 36 -LRB102 23868 CMG 33061 b

1    (e) (Blank).
2    (f) An impartial due process hearing shall be convened
3upon the request of a parent, student if at least 18 years of
4age or emancipated, or a school district. A school district
5shall make a request in writing to the State Board of Education
6and promptly mail a copy of the request to the parents or
7student (if at least 18 years of age or emancipated) at the
8parent's or student's last known address. A request made by
9the parent or student shall be made in writing to the
10superintendent of the school district where the student
11resides. The superintendent shall forward the request to the
12State Board of Education within 5 days after receipt of the
13request. The request shall be filed no more than 2 years
14following the date the person or school district knew or
15should have known of the event or events forming the basis for
16the request. The request shall, at a minimum, contain all of
17the following:
18        (1) The name of the student, the address of the
19    student's residence, and the name of the school the
20    student is attending.
21        (2) In the case of homeless children (as defined under
22    the federal McKinney-Vento Homeless Assistance Act (42
23    U.S.C. 11434a(2))), available contact information for the
24    student and the name of the school the student is
25    attending.
26        (3) A description of the nature of the problem

 

 

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1    relating to the actual or proposed placement,
2    identification, services, or evaluation of the student,
3    including facts relating to the problem.
4        (4) A proposed resolution of the problem to the extent
5    known and available to the party at the time.
6    (f-5) Within 3 days after receipt of the hearing request,
7the State Board of Education shall appoint a due process
8hearing officer using a rotating appointment system and shall
9notify the hearing officer of his or her appointment.
10    For a school district other than a school district located
11in a municipality having a population exceeding 500,000, a
12hearing officer who is a current resident of the school
13district, special education cooperative, or other public
14entity involved in the hearing shall recuse himself or
15herself. A hearing officer who is a former employee of the
16school district, special education cooperative, or other
17public entity involved in the hearing shall immediately
18disclose the former employment to the parties and shall recuse
19himself or herself, unless the parties otherwise agree in
20writing. A hearing officer having a personal or professional
21interest that may conflict with his or her objectivity in the
22hearing shall disclose the conflict to the parties and shall
23recuse himself or herself unless the parties otherwise agree
24in writing. For purposes of this subsection an assigned
25hearing officer shall be considered to have a conflict of
26interest if, at any time prior to the issuance of his or her

 

 

HB5214 Enrolled- 38 -LRB102 23868 CMG 33061 b

1written decision, he or she knows or should know that he or she
2may receive remuneration from a party to the hearing within 3
3years following the conclusion of the due process hearing.
4    A party to a due process hearing shall be permitted one
5substitution of hearing officer as a matter of right, in
6accordance with procedures established by the rules adopted by
7the State Board of Education under this Section. The State
8Board of Education shall randomly select and appoint another
9hearing officer within 3 days after receiving notice that the
10appointed hearing officer is ineligible to serve or upon
11receiving a proper request for substitution of hearing
12officer. If a party withdraws its request for a due process
13hearing after a hearing officer has been appointed, that
14hearing officer shall retain jurisdiction over a subsequent
15hearing that involves the same parties and is requested within
16one year from the date of withdrawal of the previous request,
17unless that hearing officer is unavailable.
18    Any party may raise facts that constitute a conflict of
19interest for the hearing officer at any time before or during
20the hearing and may move for recusal.
21    (g) Impartial due process hearings shall be conducted
22pursuant to this Section and any rules and regulations
23promulgated by the State Board of Education consistent with
24this Section and other governing laws and regulations. The
25hearing shall address only those issues properly raised in the
26hearing request under subsection (f) of this Section or, if

 

 

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1applicable, in the amended hearing request under subsection
2(g-15) of this Section. The hearing shall be closed to the
3public unless the parents request that the hearing be open to
4the public. The parents involved in the hearing shall have the
5right to have the student who is the subject of the hearing
6present. The hearing shall be held at a time and place which
7are reasonably convenient to the parties involved. Upon the
8request of a party, the hearing officer shall hold the hearing
9at a location neutral to the parties if the hearing officer
10determines that there is no cost for securing the use of the
11neutral location. Once appointed, the impartial due process
12hearing officer shall not communicate with the State Board of
13Education or its employees concerning the hearing, except
14that, where circumstances require, communications for
15administrative purposes that do not deal with substantive or
16procedural matters or issues on the merits are authorized,
17provided that the hearing officer promptly notifies all
18parties of the substance of the communication as a matter of
19record.
20    (g-5) Unless the school district has previously provided
21prior written notice to the parent or student (if at least 18
22years of age or emancipated) regarding the subject matter of
23the hearing request, the school district shall, within 10 days
24after receiving a hearing request initiated by a parent or
25student (if at least 18 years of age or emancipated), provide a
26written response to the request that shall include all of the

 

 

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1following:
2        (1) An explanation of why the school district proposed
3    or refused to take the action or actions described in the
4    hearing request.
5        (2) A description of other options the IEP team
6    considered and the reasons why those options were
7    rejected.
8        (3) A description of each evaluation procedure,
9    assessment, record, report, or other evidence the school
10    district used as the basis for the proposed or refused
11    action or actions.
12        (4) A description of the factors that are or were
13    relevant to the school district's proposed or refused
14    action or actions.
15    (g-10) When the hearing request has been initiated by a
16school district, within 10 days after receiving the request,
17the parent or student (if at least 18 years of age or
18emancipated) shall provide the school district with a response
19that specifically addresses the issues raised in the school
20district's hearing request. The parent's or student's response
21shall be provided in writing, unless he or she is illiterate or
22has a disability that prevents him or her from providing a
23written response. The parent's or student's response may be
24provided in his or her native language, if other than English.
25In the event that illiteracy or another disabling condition
26prevents the parent or student from providing a written

 

 

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1response, the school district shall assist the parent or
2student in providing the written response.
3    (g-15) Within 15 days after receiving notice of the
4hearing request, the non-requesting party may challenge the
5sufficiency of the request by submitting its challenge in
6writing to the hearing officer. Within 5 days after receiving
7the challenge to the sufficiency of the request, the hearing
8officer shall issue a determination of the challenge in
9writing to the parties. In the event that the hearing officer
10upholds the challenge, the party who requested the hearing
11may, with the consent of the non-requesting party or hearing
12officer, file an amended request. Amendments are permissible
13for the purpose of raising issues beyond those in the initial
14hearing request. In addition, the party who requested the
15hearing may amend the request once as a matter of right by
16filing the amended request within 5 days after filing the
17initial request. An amended request, other than an amended
18request as a matter of right, shall be filed by the date
19determined by the hearing officer, but in no event any later
20than 5 days prior to the date of the hearing. If an amended
21request, other than an amended request as a matter of right,
22raises issues that were not part of the initial request, the
23applicable timeline for a hearing, including the timeline
24under subsection (g-20) of this Section, shall recommence.
25    (g-20) Within 15 days after receiving a request for a
26hearing from a parent or student (if at least 18 years of age

 

 

HB5214 Enrolled- 42 -LRB102 23868 CMG 33061 b

1or emancipated) or, in the event that the school district
2requests a hearing, within 15 days after initiating the
3request, the school district shall convene a resolution
4meeting with the parent and relevant members of the IEP team
5who have specific knowledge of the facts contained in the
6request for the purpose of resolving the problem that resulted
7in the request. The resolution meeting shall include a
8representative of the school district who has decision-making
9authority on behalf of the school district. Unless the parent
10is accompanied by an attorney at the resolution meeting, the
11school district may not include an attorney representing the
12school district.
13    The resolution meeting may not be waived unless agreed to
14in writing by the school district and the parent or student (if
15at least 18 years of age or emancipated) or the parent or
16student (if at least 18 years of age or emancipated) and the
17school district agree in writing to utilize mediation in place
18of the resolution meeting. If either party fails to cooperate
19in the scheduling or convening of the resolution meeting, the
20hearing officer may order an extension of the timeline for
21completion of the resolution meeting or, upon the motion of a
22party and at least 7 days after ordering the non-cooperating
23party to cooperate, order the dismissal of the hearing request
24or the granting of all relief set forth in the request, as
25appropriate.
26    In the event that the school district and the parent or

 

 

HB5214 Enrolled- 43 -LRB102 23868 CMG 33061 b

1student (if at least 18 years of age or emancipated) agree to a
2resolution of the problem that resulted in the hearing
3request, the terms of the resolution shall be committed to
4writing and signed by the parent or student (if at least 18
5years of age or emancipated) and the representative of the
6school district with decision-making authority. The agreement
7shall be legally binding and shall be enforceable in any State
8or federal court of competent jurisdiction. In the event that
9the parties utilize the resolution meeting process, the
10process shall continue until no later than the 30th day
11following the receipt of the hearing request by the
12non-requesting party (or as properly extended by order of the
13hearing officer) to resolve the issues underlying the request,
14at which time the timeline for completion of the impartial due
15process hearing shall commence. The State Board of Education
16may, by rule, establish additional procedures for the conduct
17of resolution meetings.
18    (g-25) If mutually agreed to in writing, the parties to a
19hearing request may request State-sponsored mediation as a
20substitute for the resolution process described in subsection
21(g-20) of this Section or may utilize mediation at the close of
22the resolution process if all issues underlying the hearing
23request have not been resolved through the resolution process.
24    (g-30) If mutually agreed to in writing, the parties to a
25hearing request may waive the resolution process described in
26subsection (g-20) of this Section. Upon signing a written

 

 

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1agreement to waive the resolution process, the parties shall
2be required to forward the written waiver to the hearing
3officer appointed to the case within 2 business days following
4the signing of the waiver by the parties. The timeline for the
5impartial due process hearing shall commence on the date of
6the signing of the waiver by the parties.
7    (g-35) The timeline for completing the impartial due
8process hearing, as set forth in subsection (h) of this
9Section, shall be initiated upon the occurrence of any one of
10the following events:
11        (1) The unsuccessful completion of the resolution
12    process as described in subsection (g-20) of this Section.
13        (2) The mutual agreement of the parties to waive the
14    resolution process as described in subsection (g-25) or
15    (g-30) of this Section.
16    (g-40) The hearing officer shall convene a prehearing
17conference no later than 14 days before the scheduled date for
18the due process hearing for the general purpose of aiding in
19the fair, orderly, and expeditious conduct of the hearing. The
20hearing officer shall provide the parties with written notice
21of the prehearing conference at least 7 days in advance of the
22conference. The written notice shall require the parties to
23notify the hearing officer by a date certain whether they
24intend to participate in the prehearing conference. The
25hearing officer may conduct the prehearing conference in
26person or by telephone. Each party shall at the prehearing

 

 

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1conference (1) disclose whether it is represented by legal
2counsel or intends to retain legal counsel; (2) clarify
3matters it believes to be in dispute in the case and the
4specific relief being sought; (3) disclose whether there are
5any additional evaluations for the student that it intends to
6introduce into the hearing record that have not been
7previously disclosed to the other parties; (4) disclose a list
8of all documents it intends to introduce into the hearing
9record, including the date and a brief description of each
10document; and (5) disclose the names of all witnesses it
11intends to call to testify at the hearing. The hearing officer
12shall specify the order of presentation to be used at the
13hearing. If the prehearing conference is held by telephone,
14the parties shall transmit the information required in this
15paragraph in such a manner that it is available to all parties
16at the time of the prehearing conference. The State Board of
17Education may, by rule, establish additional procedures for
18the conduct of prehearing conferences.
19    (g-45) The impartial due process hearing officer shall not
20initiate or participate in any ex parte communications with
21the parties, except to arrange the date, time, and location of
22the prehearing conference, due process hearing, or other
23status conferences convened at the discretion of the hearing
24officer and to receive confirmation of whether a party intends
25to participate in the prehearing conference.
26    (g-50) The parties shall disclose and provide to each

 

 

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1other any evidence which they intend to submit into the
2hearing record no later than 5 days before the hearing. Any
3party to a hearing has the right to prohibit the introduction
4of any evidence at the hearing that has not been disclosed to
5that party at least 5 days before the hearing. The party
6requesting a hearing shall not be permitted at the hearing to
7raise issues that were not raised in the party's initial or
8amended request, unless otherwise permitted in this Section.
9    (g-55) All reasonable efforts must be made by the parties
10to present their respective cases at the hearing within a
11cumulative period of 7 days. When scheduling hearing dates,
12the hearing officer shall schedule the final day of the
13hearing no more than 30 calendar days after the first day of
14the hearing unless good cause is shown. This subsection (g-55)
15shall not be applied in a manner that (i) denies any party to
16the hearing a fair and reasonable allocation of time and
17opportunity to present its case in its entirety or (ii)
18deprives any party to the hearing of the safeguards accorded
19under the federal Individuals with Disabilities Education
20Improvement Act of 2004 (Public Law 108-446), regulations
21promulgated under the Individuals with Disabilities Education
22Improvement Act of 2004, or any other applicable law. The
23school district shall present evidence that the special
24education needs of the child have been appropriately
25identified and that the special education program and related
26services proposed to meet the needs of the child are adequate,

 

 

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1appropriate, and available. Any party to the hearing shall
2have the right to (1) be represented by counsel and be
3accompanied and advised by individuals with special knowledge
4or training with respect to the problems of children with
5disabilities, at the party's own expense; (2) present evidence
6and confront and cross-examine witnesses; (3) move for the
7exclusion of witnesses from the hearing until they are called
8to testify, provided, however, that this provision may not be
9invoked to exclude the individual designated by a party to
10assist that party or its representative in the presentation of
11the case; (4) obtain a written or electronic verbatim record
12of the proceedings within 30 days of receipt of a written
13request from the parents by the school district; and (5)
14obtain a written decision, including findings of fact and
15conclusions of law, within 10 calendar days, excluding
16Saturday, Sunday, and any State holiday, after the conclusion
17of the hearing. If at issue, the school district shall present
18evidence that it has properly identified and evaluated the
19nature and severity of the student's suspected or identified
20disability and that, if the student has been or should have
21been determined eligible for special education and related
22services, that it is providing or has offered a free
23appropriate public education to the student in the least
24restrictive environment, consistent with procedural safeguards
25and in accordance with an individualized educational program.
26At any time prior to the conclusion of the hearing, the

 

 

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1impartial due process hearing officer shall have the authority
2to require additional information and order independent
3evaluations for the student at the expense of the school
4district. The State Board of Education and the school district
5shall share equally the costs of providing a written or
6electronic verbatim record of the proceedings. Any party may
7request that the due process hearing officer issue a subpoena
8to compel the testimony of witnesses or the production of
9documents relevant to the resolution of the hearing. Whenever
10a person refuses to comply with any subpoena issued under this
11Section, the circuit court of the county in which that hearing
12is pending, on application of the impartial hearing officer or
13the party requesting the issuance of the subpoena, may compel
14compliance through the contempt powers of the court in the
15same manner as if the requirements of a subpoena issued by the
16court had been disobeyed.
17    (h) The impartial hearing officer shall issue a written
18decision, including findings of fact and conclusions of law,
19within 10 calendar days, excluding Saturday, Sunday, and any
20State holiday, after the conclusion of the hearing and send by
21certified mail a copy of the decision to the parents or student
22(if the student requests the hearing), the school district,
23the director of special education, legal representatives of
24the parties, and the State Board of Education. Unless the
25hearing officer has granted specific extensions of time at the
26request of a party, a final decision, including the

 

 

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1clarification of a decision requested under this subsection,
2shall be reached and mailed to the parties named above not
3later than 45 days after the initiation of the timeline for
4conducting the hearing, as described in subsection (g-35) of
5this Section. The decision shall specify the educational and
6related services that shall be provided to the student in
7accordance with the student's needs and the timeline for which
8the school district shall submit evidence to the State Board
9of Education to demonstrate compliance with the hearing
10officer's decision in the event that the decision orders the
11school district to undertake corrective action. The hearing
12officer shall retain jurisdiction for the sole purpose of
13considering a request for clarification of the final decision
14submitted in writing by a party to the impartial hearing
15officer within 5 days after receipt of the decision. A copy of
16the request for clarification shall specify the portions of
17the decision for which clarification is sought and shall be
18mailed to all parties of record and to the State Board of
19Education. The request shall operate to stay implementation of
20those portions of the decision for which clarification is
21sought, pending action on the request by the hearing officer,
22unless the parties otherwise agree. The hearing officer shall
23issue a clarification of the specified portion of the decision
24or issue a partial or full denial of the request in writing
25within 10 days of receipt of the request and mail copies to all
26parties to whom the decision was mailed. This subsection does

 

 

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1not permit a party to request, or authorize a hearing officer
2to entertain, reconsideration of the decision itself. The
3statute of limitations for seeking review of the decision
4shall be tolled from the date the request is submitted until
5the date the hearing officer acts upon the request. The
6hearing officer's decision shall be binding upon the school
7district and the parents unless a civil action is commenced.
8    (i) Any party to an impartial due process hearing
9aggrieved by the final written decision of the impartial due
10process hearing officer shall have the right to commence a
11civil action with respect to the issues presented in the
12impartial due process hearing. That civil action shall be
13brought in any court of competent jurisdiction within 120 days
14after a copy of the decision of the impartial due process
15hearing officer is mailed to the party as provided in
16subsection (h). The civil action authorized by this subsection
17shall not be exclusive of any rights or causes of action
18otherwise available. The commencement of a civil action under
19this subsection shall operate as a supersedeas. In any action
20brought under this subsection the Court shall receive the
21records of the impartial due process hearing, shall hear
22additional evidence at the request of a party, and, basing its
23decision on the preponderance of the evidence, shall grant
24such relief as the court determines is appropriate. In any
25instance where a school district willfully disregards
26applicable regulations or statutes regarding a child covered

 

 

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1by this Article, and which disregard has been detrimental to
2the child, the school district shall be liable for any
3reasonable attorney's fees incurred by the parent in
4connection with proceedings under this Section.
5    (j) During the pendency of any administrative or judicial
6proceeding conducted pursuant to this Section, including
7mediation (if the school district or other public entity
8voluntarily agrees to participate in mediation), unless the
9school district and the parents or student (if at least 18
10years of age or emancipated) otherwise agree, the student
11shall remain in his or her present educational placement and
12continue in his or her present eligibility status and special
13education and related services, if any. If mediation fails to
14resolve the dispute between the parties, or if the parties do
15not agree to use mediation, the parent (or student if 18 years
16of age or older or emancipated) shall have 10 days after the
17mediation concludes, or after a party declines to use
18mediation, to file a request for a due process hearing in order
19to continue to invoke the "stay-put" provisions of this
20subsection (j). If applying for initial admission to the
21school district, the student shall, with the consent of the
22parents (if the student is not at least 18 years of age or
23emancipated), be placed in the school district program until
24all such proceedings have been completed. The costs for any
25special education and related services or placement incurred
26following 60 school days after the initial request for

 

 

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1evaluation shall be borne by the school district if the
2services or placement is in accordance with the final
3determination as to the special education and related services
4or placement that must be provided to the child, provided that
5during that 60-day period there have been no delays caused by
6the child's parent. The requirements and procedures of this
7subsection (j) shall be included in the uniform notices
8developed by the State Superintendent under subsection (g) of
9Section 14-8.02 of this Code.
10    (k) Whenever the parents of a child of the type described
11in Section 14-1.02 are not known or are unavailable or the
12child is a youth in care as defined in Section 4d of the
13Children and Family Services Act, a person shall be assigned
14to serve as surrogate parent for the child in matters relating
15to the identification, evaluation, and educational placement
16of the child and the provision of a free appropriate public
17education to the child. Persons shall be assigned as surrogate
18parents by the State Superintendent of Education. The State
19Board of Education shall promulgate rules and regulations
20establishing qualifications of those persons and their
21responsibilities and the procedures to be followed in making
22assignments of persons as surrogate parents. Surrogate parents
23shall not be employees of the school district, an agency
24created by joint agreement under Section 10-22.31, an agency
25involved in the education or care of the student, or the State
26Board of Education. Services of any person assigned as

 

 

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1surrogate parent shall terminate if the parent becomes
2available unless otherwise requested by the parents. The
3assignment of a person as surrogate parent at no time
4supersedes, terminates, or suspends the parents' legal
5authority relative to the child. Any person participating in
6good faith as surrogate parent on behalf of the child before
7school officials or a hearing officer shall have immunity from
8civil or criminal liability that otherwise might result by
9reason of that participation, except in cases of willful and
10wanton misconduct.
11    (l) At all stages of the hearing or mediation, the hearing
12officer or mediator shall require that interpreters licensed
13pursuant to the Interpreter for the Deaf Licensure Act of 2007
14be made available by the school district for persons who are
15deaf or qualified interpreters be made available by the school
16district for persons whose normally spoken language is other
17than English.
18    (m) If any provision of this Section or its application to
19any person or circumstance is held invalid, the invalidity of
20that provision or application does not affect other provisions
21or applications of the Section that can be given effect
22without the invalid application or provision, and to this end
23the provisions of this Section are severable, unless otherwise
24provided by this Section.
25(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
26100-849, eff. 8-14-18; 100-863, eff. 8-14-18.)
 

 

 

HB5214 Enrolled- 54 -LRB102 23868 CMG 33061 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.