Sen. Karina Villa

Filed: 3/31/2022

 

 


 

 


 
10200HB5214sam001LRB102 23868 RJT 38387 a

1
AMENDMENT TO HOUSE BILL 5214

2    AMENDMENT NO. ______. Amend House Bill 5214 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 14-6.01, 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

 

 

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1boards shall accept in part-time attendance children with
2disabilities of the types described in Sections 14-1.02
3through 14-1.07 who are enrolled in nonpublic schools. A
4request for part-time attendance must be submitted by a parent
5or guardian of the child with a disability and may be made only
6to those public schools located in the district where the
7child attending the nonpublic school resides; however, nothing
8in this Section shall be construed as prohibiting an agreement
9between the district where the child resides and another
10public school district to provide special educational services
11if such an arrangement is deemed more convenient and
12economical. Special education and related services must be
13provided in accordance with the student's IEP no later than 10
14school attendance days after notice is provided to the parents
15pursuant to Section 300.503 of Title 34 of the Code of Federal
16Regulations and implementing rules adopted by the State Board
17of Education. Transportation for students in part time
18attendance shall be provided only if required in the child's
19individualized educational program on the basis of the child's
20disabling condition or as the special education program
21location may require.
22    Beginning with the 2019-2020 school year, a school board
23shall post on its Internet website, if any, and incorporate
24into its student handbook or newsletter notice that students
25with disabilities who do not qualify for an individualized
26education program, as required by the federal Individuals with

 

 

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1Disabilities Education Act and implementing provisions of this
2Code, may qualify for services under Section 504 of the
3federal Rehabilitation Act of 1973 if the child (i) has a
4physical or mental impairment that substantially limits one or
5more major life activities, (ii) has a record of a physical or
6mental impairment, or (iii) is regarded as having a physical
7or mental impairment. Such notice shall identify the location
8and phone number of the office or agent of the school district
9to whom inquiries should be directed regarding the
10identification, assessment, and placement of such children.
11The notice shall also state that any parent who is deaf or does
12not typically communicate using spoken English and who
13participates in a Section 504 meeting with a representative of
14a local educational agency shall be entitled to the services
15of an interpreter.
16    For a school district organized under Article 34 only,
17beginning with the 2019-2020 school year, the school district
18shall, in collaboration with its primary office overseeing
19special education, publish on the school district's publicly
20available website any proposed changes to its special
21education policies, directives, guidelines, or procedures that
22impact the provision of educational or related services to
23students with disabilities or the procedural safeguards
24afforded to students with disabilities or their parents or
25guardians made by the school district or school board. Any
26policy, directive, guideline, or procedural change that

 

 

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1impacts those provisions or safeguards that is authorized by
2the school district's primary office overseeing special
3education or any other administrative office of the school
4district must be published on the school district's publicly
5available website no later than 45 days before the adoption of
6that change. Any policy directive, guideline, or procedural
7change that impacts those provisions or safeguards that is
8authorized by the school board must be published on the school
9district's publicly available website no later than 30 days
10before the date of presentation to the school board for
11adoption. The school district's website must allow for virtual
12public comments on proposed special education policy,
13directive, guideline, or procedural changes that impact the
14provision of educational or related services to students with
15disabilities or the procedural safeguards afforded to students
16with disabilities or their parents or guardians from the date
17of the notification of the proposed change on the website
18until the date the change is adopted by the school district or
19until the date the change is presented to the school board for
20adoption. After the period for public comment is closed, the
21school district must maintain all public comments for a period
22of not less than 2 years from the date the special education
23change is adopted. The public comments are subject to the
24Freedom of Information Act. The school board shall, at a
25minimum, advertise the notice of the change and availability
26for public comment on its website. The State Board of

 

 

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1Education may add additional reporting requirements for the
2district beyond policy, directive, guideline, or procedural
3changes that impact the provision of educational or related
4services to students with disabilities or the procedural
5safeguards afforded to students with disabilities or their
6parents or guardians if the State Board determines it is in the
7best interest of the students enrolled in the district
8receiving special education services.
9    School boards shall immediately provide upon request by
10any person written materials and other information that
11indicates the specific policies, procedures, rules and
12regulations regarding the identification, evaluation or
13educational placement of children with disabilities under
14Section 14-8.02 of the School Code. Such information shall
15include information regarding all rights and entitlements of
16such children under this Code, and of the opportunity to
17present complaints with respect to any matter relating to
18educational placement of the student, or the provision of a
19free appropriate public education and to have an impartial due
20process hearing on the complaint. The notice shall inform the
21parents or guardian in the parents' or guardian's native
22language, unless it is clearly not feasible to do so, of their
23rights and all procedures available pursuant to this Act and
24federal Public Law 94-142; it shall be the responsibility of
25the State Superintendent to develop uniform notices setting
26forth the procedures available under this Act and federal

 

 

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1Public Law 94-142, as amended, to be used by all school boards.
2The notice shall also inform the parents or guardian of the
3availability upon request of a list of free or low-cost legal
4and other relevant services available locally to assist
5parents or guardians in exercising rights or entitlements
6under this Code. For a school district organized under Article
734 only, the school district must make the entirety of its
8special education Procedural Manual and any other guidance
9documents pertaining to special education publicly available,
10in print and on the school district's website, in both English
11and Spanish. Upon request, the school district must make the
12Procedural Manual and other guidance documents available in
13print in any other language and accessible for individuals
14with disabilities.
15    Any parent or guardian who is deaf, or does not normally
16communicate using spoken English, who participates in a
17meeting with a representative of a local educational agency
18for the purposes of developing an individualized educational
19program shall be entitled to the services of an interpreter.
20    No student with a disability or, in a school district
21organized under Article 34 of this Code, child with a learning
22disability may be denied promotion, graduation or a general
23diploma on the basis of failing a minimal competency test when
24such failure can be directly related to the disabling
25condition of the student. For the purpose of this Act,
26"minimal competency testing" is defined as tests which are

 

 

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1constructed to measure the acquisition of skills to or beyond
2a certain defined standard.
3    Effective July 1, 1966, high school districts are
4financially responsible for the education of pupils with
5disabilities who are residents in their districts when such
6pupils have reached age 15 but may admit children with
7disabilities into special educational facilities without
8regard to graduation from the eighth grade after such pupils
9have reached the age of 14 1/2 years. Upon a pupil with a
10disability attaining the age of 14 1/2 years, it shall be the
11duty of the elementary school district in which the pupil
12resides to notify the high school district in which the pupil
13resides of the pupil's current eligibility for special
14education services, of the pupil's current program, and of all
15evaluation data upon which the current program is based. After
16an examination of that information the high school district
17may accept the current placement and all subsequent timelines
18shall be governed by the current individualized educational
19program; or the high school district may elect to conduct its
20own evaluation and multidisciplinary staff conference and
21formulate its own individualized educational program, in which
22case the procedures and timelines contained in Section 14-8.02
23shall apply.
24(Source: P.A. 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18;
25101-515, eff. 8-23-19.)
 

 

 

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1    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
2    (Text of Section before amendment by P.A. 102-199)
3    Sec. 14-8.02. Identification, evaluation, and placement of
4children.
5    (a) The State Board of Education shall make rules under
6which local school boards shall determine the eligibility of
7children to receive special education. Such rules shall ensure
8that a free appropriate public education be available to all
9children with disabilities as defined in Section 14-1.02. The
10State Board of Education shall require local school districts
11to administer non-discriminatory procedures or tests to
12English learners coming from homes in which a language other
13than English is used to determine their eligibility to receive
14special education. The placement of low English proficiency
15students in special education programs and facilities shall be
16made in accordance with the test results reflecting the
17student's linguistic, cultural and special education needs.
18For purposes of determining the eligibility of children the
19State Board of Education shall include in the rules
20definitions of "case study", "staff conference",
21"individualized educational program", and "qualified
22specialist" appropriate to each category of children with
23disabilities as defined in this Article. For purposes of
24determining the eligibility of children from homes in which a
25language other than English is used, the State Board of
26Education shall include in the rules definitions for

 

 

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1"qualified bilingual specialists" and "linguistically and
2culturally appropriate individualized educational programs".
3For purposes of this Section, as well as Sections 14-8.02a,
414-8.02b, and 14-8.02c of this Code, "parent" means a parent
5as defined in the federal Individuals with Disabilities
6Education Act (20 U.S.C. 1401(23)).
7    (b) No child shall be eligible for special education
8facilities except with a carefully completed case study fully
9reviewed by professional personnel in a multidisciplinary
10staff conference and only upon the recommendation of qualified
11specialists or a qualified bilingual specialist, if available.
12At the conclusion of the multidisciplinary staff conference,
13the parent of the child shall be given a copy of the
14multidisciplinary conference summary report and
15recommendations, which includes options considered, and be
16informed of his or her right to obtain an independent
17educational evaluation if he or she disagrees with the
18evaluation findings conducted or obtained by the school
19district. If the school district's evaluation is shown to be
20inappropriate, the school district shall reimburse the parent
21for the cost of the independent evaluation. The State Board of
22Education shall, with advice from the State Advisory Council
23on Education of Children with Disabilities on the inclusion of
24specific independent educational evaluators, prepare a list of
25suggested independent educational evaluators. The State Board
26of Education shall include on the list clinical psychologists

 

 

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1licensed pursuant to the Clinical Psychologist Licensing Act.
2Such psychologists shall not be paid fees in excess of the
3amount that would be received by a school psychologist for
4performing the same services. The State Board of Education
5shall supply school districts with such list and make the list
6available to parents at their request. School districts shall
7make the list available to parents at the time they are
8informed of their right to obtain an independent educational
9evaluation. However, the school district may initiate an
10impartial due process hearing under this Section within 5 days
11of any written parent request for an independent educational
12evaluation to show that its evaluation is appropriate. If the
13final decision is that the evaluation is appropriate, the
14parent still has a right to an independent educational
15evaluation, but not at public expense. An independent
16educational evaluation at public expense must be completed
17within 30 days of a parent written request unless the school
18district initiates an impartial due process hearing or the
19parent or school district offers reasonable grounds to show
20that such 30-day time period should be extended. If the due
21process hearing decision indicates that the parent is entitled
22to an independent educational evaluation, it must be completed
23within 30 days of the decision unless the parent or the school
24district offers reasonable grounds to show that such 30-day
25period should be extended. If a parent disagrees with the
26summary report or recommendations of the multidisciplinary

 

 

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1conference or the findings of any educational evaluation which
2results therefrom, the school district shall not proceed with
3a placement based upon such evaluation and the child shall
4remain in his or her regular classroom setting. No child shall
5be eligible for admission to a special class for children with
6a mental disability who are educable or for children with a
7mental disability who are trainable except with a
8psychological evaluation and recommendation by a school
9psychologist. Consent shall be obtained from the parent of a
10child before any evaluation is conducted. If consent is not
11given by the parent or if the parent disagrees with the
12findings of the evaluation, then the school district may
13initiate an impartial due process hearing under this Section.
14The school district may evaluate the child if that is the
15decision resulting from the impartial due process hearing and
16the decision is not appealed or if the decision is affirmed on
17appeal. The determination of eligibility shall be made and the
18IEP meeting shall be completed within 60 school days from the
19date of written parental consent. In those instances when
20written parental consent is obtained with fewer than 60 pupil
21attendance days left in the school year, the eligibility
22determination shall be made and the IEP meeting shall be
23completed prior to the first day of the following school year.
24Special education and related services must be provided in
25accordance with the student's IEP no later than 10 school
26attendance days after notice is provided to the parents

 

 

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1pursuant to Section 300.503 of Title 34 of the Code of Federal
2Regulations and implementing rules adopted by the State Board
3of Education. The appropriate program pursuant to the
4individualized educational program of students whose native
5tongue is a language other than English shall reflect the
6special education, cultural and linguistic needs. No later
7than September 1, 1993, the State Board of Education shall
8establish standards for the development, implementation and
9monitoring of appropriate bilingual special individualized
10educational programs. The State Board of Education shall
11further incorporate appropriate monitoring procedures to
12verify implementation of these standards. The district shall
13indicate to the parent and the State Board of Education the
14nature of the services the child will receive for the regular
15school term while awaiting waiting placement in the
16appropriate special education class. At the child's initial
17IEP meeting and at each annual review meeting, the child's IEP
18team shall provide the child's parent or guardian with a
19written notification that informs the parent or guardian that
20the IEP team is required to consider whether the child
21requires assistive technology in order to receive free,
22appropriate public education. The notification must also
23include a toll-free telephone number and internet address for
24the State's assistive technology program.
25    If the child is deaf, hard of hearing, blind, or visually
26impaired or has an orthopedic impairment or physical

 

 

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1disability and he or she might be eligible to receive services
2from the Illinois School for the Deaf, the Illinois School for
3the Visually Impaired, or the Illinois Center for
4Rehabilitation and Education-Roosevelt, the school district
5shall notify the parents, in writing, of the existence of
6these schools and the services they provide and shall make a
7reasonable effort to inform the parents of the existence of
8other, local schools that provide similar services and the
9services that these other schools provide. This notification
10shall include without limitation information on school
11services, school admissions criteria, and school contact
12information.
13    In the development of the individualized education program
14for a student who has a disability on the autism spectrum
15(which includes autistic disorder, Asperger's disorder,
16pervasive developmental disorder not otherwise specified,
17childhood disintegrative disorder, and Rett Syndrome, as
18defined in the Diagnostic and Statistical Manual of Mental
19Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
20consider all of the following factors:
21        (1) The verbal and nonverbal communication needs of
22    the child.
23        (2) The need to develop social interaction skills and
24    proficiencies.
25        (3) The needs resulting from the child's unusual
26    responses to sensory experiences.

 

 

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1        (4) The needs resulting from resistance to
2    environmental change or change in daily routines.
3        (5) The needs resulting from engagement in repetitive
4    activities and stereotyped movements.
5        (6) The need for any positive behavioral
6    interventions, strategies, and supports to address any
7    behavioral difficulties resulting from autism spectrum
8    disorder.
9        (7) Other needs resulting from the child's disability
10    that impact progress in the general curriculum, including
11    social and emotional development.
12Public Act 95-257 does not create any new entitlement to a
13service, program, or benefit, but must not affect any
14entitlement to a service, program, or benefit created by any
15other law.
16    If the student may be eligible to participate in the
17Home-Based Support Services Program for Adults with Mental
18Disabilities authorized under the Developmental Disability and
19Mental Disability Services Act upon becoming an adult, the
20student's individualized education program shall include plans
21for (i) determining the student's eligibility for those
22home-based services, (ii) enrolling the student in the program
23of home-based services, and (iii) developing a plan for the
24student's most effective use of the home-based services after
25the student becomes an adult and no longer receives special
26educational services under this Article. The plans developed

 

 

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1under this paragraph shall include specific actions to be
2taken by specified individuals, agencies, or officials.
3    (c) In the development of the individualized education
4program for a student who is functionally blind, it shall be
5presumed that proficiency in Braille reading and writing is
6essential for the student's satisfactory educational progress.
7For purposes of this subsection, the State Board of Education
8shall determine the criteria for a student to be classified as
9functionally blind. Students who are not currently identified
10as functionally blind who are also entitled to Braille
11instruction include: (i) those whose vision loss is so severe
12that they are unable to read and write at a level comparable to
13their peers solely through the use of vision, and (ii) those
14who show evidence of progressive vision loss that may result
15in functional blindness. Each student who is functionally
16blind shall be entitled to Braille reading and writing
17instruction that is sufficient to enable the student to
18communicate with the same level of proficiency as other
19students of comparable ability. Instruction should be provided
20to the extent that the student is physically and cognitively
21able to use Braille. Braille instruction may be used in
22combination with other special education services appropriate
23to the student's educational needs. The assessment of each
24student who is functionally blind for the purpose of
25developing the student's individualized education program
26shall include documentation of the student's strengths and

 

 

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1weaknesses in Braille skills. Each person assisting in the
2development of the individualized education program for a
3student who is functionally blind shall receive information
4describing the benefits of Braille instruction. The
5individualized education program for each student who is
6functionally blind shall specify the appropriate learning
7medium or media based on the assessment report.
8    (d) To the maximum extent appropriate, the placement shall
9provide the child with the opportunity to be educated with
10children who do not have a disability; provided that children
11with disabilities who are recommended to be placed into
12regular education classrooms are provided with supplementary
13services to assist the children with disabilities to benefit
14from the regular classroom instruction and are included on the
15teacher's regular education class register. Subject to the
16limitation of the preceding sentence, placement in special
17classes, separate schools or other removal of the child with a
18disability from the regular educational environment shall
19occur only when the nature of the severity of the disability is
20such that education in the regular classes with the use of
21supplementary aids and services cannot be achieved
22satisfactorily. The placement of English learners with
23disabilities shall be in non-restrictive environments which
24provide for integration with peers who do not have
25disabilities in bilingual classrooms. Annually, each January,
26school districts shall report data on students from

 

 

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1non-English speaking backgrounds receiving special education
2and related services in public and private facilities as
3prescribed in Section 2-3.30. If there is a disagreement
4between parties involved regarding the special education
5placement of any child, either in-state or out-of-state, the
6placement is subject to impartial due process procedures
7described in Article 10 of the Rules and Regulations to Govern
8the Administration and Operation of Special Education.
9    (e) No child who comes from a home in which a language
10other than English is the principal language used may be
11assigned to any class or program under this Article until he
12has been given, in the principal language used by the child and
13used in his home, tests reasonably related to his cultural
14environment. All testing and evaluation materials and
15procedures utilized for evaluation and placement shall not be
16linguistically, racially or culturally discriminatory.
17    (f) Nothing in this Article shall be construed to require
18any child to undergo any physical examination or medical
19treatment whose parents object thereto on the grounds that
20such examination or treatment conflicts with his religious
21beliefs.
22    (g) School boards or their designee shall provide to the
23parents of a child prior written notice of any decision (a)
24proposing to initiate or change, or (b) refusing to initiate
25or change, the identification, evaluation, or educational
26placement of the child or the provision of a free appropriate

 

 

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1public education to their child, and the reasons therefor.
2Such written notification shall also inform the parent of the
3opportunity to present complaints with respect to any matter
4relating to the educational placement of the student, or the
5provision of a free appropriate public education and to have
6an impartial due process hearing on the complaint. The notice
7shall inform the parents in the parents' native language,
8unless it is clearly not feasible to do so, of their rights and
9all procedures available pursuant to this Act and the federal
10Individuals with Disabilities Education Improvement Act of
112004 (Public Law 108-446); it shall be the responsibility of
12the State Superintendent to develop uniform notices setting
13forth the procedures available under this Act and the federal
14Individuals with Disabilities Education Improvement Act of
152004 (Public Law 108-446) to be used by all school boards. The
16notice shall also inform the parents of the availability upon
17request of a list of free or low-cost legal and other relevant
18services available locally to assist parents in initiating an
19impartial due process hearing. The State Superintendent shall
20revise the uniform notices required by this subsection (g) to
21reflect current law and procedures at least once every 2
22years. Any parent who is deaf, or does not normally
23communicate using spoken English and , who participates in a
24meeting with a representative of a local educational agency
25for the purposes of developing an individualized educational
26program or attends a multidisciplinary conference shall be

 

 

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1entitled to the services of an interpreter. The State Board of
2Education must adopt rules to establish the criteria,
3standards, and competencies for a bilingual language
4interpreter who attends an individualized education program
5meeting under this subsection to assist a parent who has
6limited English proficiency.
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
21of this 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
2proposed visit, the purpose of the visit, and the approximate
3duration of the visit. The visitor and the school district
4shall arrange the visit or visits at times that are mutually
5agreeable. Visitors shall comply with school safety, security,
6and visitation policies at all times. School district
7visitation policies must not conflict with this subsection
8(g-5). Visitors shall be required to comply with the
9requirements of applicable privacy laws, including those laws
10protecting the confidentiality of education records such as
11the federal Family Educational Rights and Privacy Act and the
12Illinois School Student Records Act. The visitor shall not
13disrupt the educational 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
22    parent or child must be afforded reasonable access of
23    sufficient duration and scope for the purpose of
24    conducting an evaluation of the child, the child's
25    performance, the child's current educational program,
26    placement, services, or environment, or any educational

 

 

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1    program, placement, services, or environment proposed for
2    the child, including interviews of educational personnel,
3    child observations, assessments, tests or assessments of
4    the child's educational program, services, or placement or
5    of any proposed educational program, services, or
6    placement. If one or more interviews of school personnel
7    are part of the evaluation, the interviews must be
8    conducted at a mutually agreed upon time, date, and place
9    that do not interfere with the school employee's school
10    duties. The school district may limit interviews to
11    personnel having information relevant to the child's
12    current educational services, program, or placement or to
13    a proposed educational service, program, or placement.
14(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21;
15102-558, eff. 8-20-21.)
 
16    (Text of Section after amendment by P.A. 102-199)
17    Sec. 14-8.02. Identification, evaluation, and placement of
18children.
19    (a) The State Board of Education shall make rules under
20which local school boards shall determine the eligibility of
21children to receive special education. Such rules shall ensure
22that a free appropriate public education be available to all
23children with disabilities as defined in Section 14-1.02. The
24State Board of Education shall require local school districts
25to administer non-discriminatory procedures or tests to

 

 

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1English learners coming from homes in which a language other
2than English is used to determine their eligibility to receive
3special education. The placement of low English proficiency
4students in special education programs and facilities shall be
5made in accordance with the test results reflecting the
6student's linguistic, cultural and special education needs.
7For purposes of determining the eligibility of children the
8State Board of Education shall include in the rules
9definitions of "case study", "staff conference",
10"individualized educational program", and "qualified
11specialist" appropriate to each category of children with
12disabilities as defined in this Article. For purposes of
13determining the eligibility of children from homes in which a
14language other than English is used, the State Board of
15Education shall include in the rules definitions for
16"qualified bilingual specialists" and "linguistically and
17culturally appropriate individualized educational programs".
18For purposes of this Section, as well as Sections 14-8.02a,
1914-8.02b, and 14-8.02c of this Code, "parent" means a parent
20as defined in the federal Individuals with Disabilities
21Education Act (20 U.S.C. 1401(23)).
22    (b) No child shall be eligible for special education
23facilities except with a carefully completed case study fully
24reviewed by professional personnel in a multidisciplinary
25staff conference and only upon the recommendation of qualified
26specialists or a qualified bilingual specialist, if available.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1parent of the opportunity to present complaints with respect
2to any matter relating to the educational placement of the
3student, or the provision of a free appropriate public
4education and to have an impartial due process hearing on the
5complaint. The notice shall inform the parents in the parents'
6native language, unless it is clearly not feasible to do so, of
7their rights and all procedures available pursuant to this Act
8and the federal Individuals with Disabilities Education
9Improvement Act of 2004 (Public Law 108-446); it shall be the
10responsibility of the State Superintendent to develop uniform
11notices setting forth the procedures available under this Act
12and the federal Individuals with Disabilities Education
13Improvement Act of 2004 (Public Law 108-446) to be used by all
14school boards. The notice shall also inform the parents of the
15availability upon request of a list of free or low-cost legal
16and other relevant services available locally to assist
17parents in initiating an impartial due process hearing. The
18State Superintendent shall revise the uniform notices required
19by this subsection (g) to reflect current law and procedures
20at least once every 2 years. Any parent who is deaf, or does
21not normally communicate using spoken English and , who
22participates in a meeting with a representative of a local
23educational agency for the purposes of developing an
24individualized educational program or attends a
25multidisciplinary conference shall be entitled to the services
26of an interpreter. The State Board of Education must adopt

 

 

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1rules to establish the criteria, standards, and competencies
2for a bilingual language interpreter who attends an
3individualized education program meeting under this subsection
4to assist a parent who has limited English proficiency.
5    (g-5) For purposes of this subsection (g-5), "qualified
6professional" means an individual who holds credentials to
7evaluate the child in the domain or domains for which an
8evaluation is sought or an intern working under the direct
9supervision of a qualified professional, including a master's
10or doctoral degree candidate.
11    To ensure that a parent can participate fully and
12effectively with school personnel in the development of
13appropriate educational and related services for his or her
14child, the parent, an independent educational evaluator, or a
15qualified professional retained by or on behalf of a parent or
16child must be afforded reasonable access to educational
17facilities, personnel, classrooms, and buildings and to the
18child as provided in this subsection (g-5). The requirements
19of this subsection (g-5) apply to any public school facility,
20building, or program and to any facility, building, or program
21supported in whole or in part by public funds. Prior to
22visiting a school, school building, or school facility, the
23parent, independent educational evaluator, or qualified
24professional may be required by the school district to inform
25the building principal or supervisor in writing of the
26proposed visit, the purpose of the visit, and the approximate

 

 

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

 

 

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1    child observations, assessments, tests or assessments of
2    the child's educational program, services, or placement or
3    of any proposed educational program, services, or
4    placement. If one or more interviews of school personnel
5    are part of the evaluation, the interviews must be
6    conducted at a mutually agreed upon time, date, and place
7    that do not interfere with the school employee's school
8    duties. The school district may limit interviews to
9    personnel having information relevant to the child's
10    current educational services, program, or placement or to
11    a proposed educational service, program, or placement.
12(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
13102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised
1410-14-21.)
 
15    (105 ILCS 5/14-8.02a)
16    Sec. 14-8.02a. Impartial due process hearing; civil
17action.
18    (a) This Section shall apply to all impartial due process
19hearings requested on or after July 1, 2005. Impartial due
20process hearings requested before July 1, 2005 shall be
21governed by the rules described in Public Act 89-652.
22    (a-5) For purposes of this Section and Section 14-8.02b of
23this Code, days shall be computed in accordance with Section
241.11 of the Statute on Statutes.
25    (b) The State Board of Education shall establish an

 

 

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1impartial due process hearing system in accordance with this
2Section and may, with the advice and approval of the Advisory
3Council on Education of Children with Disabilities, promulgate
4rules and regulations consistent with this Section to
5establish the rules and procedures for due process hearings.
6    (c) (Blank).
7    (d) (Blank).
8    (e) (Blank).
9    (f) An impartial due process hearing shall be convened
10upon the request of a parent, student if at least 18 years of
11age or emancipated, or a school district. A school district
12shall make a request in writing to the State Board of Education
13and promptly mail a copy of the request to the parents or
14student (if at least 18 years of age or emancipated) at the
15parent's or student's last known address. A request made by
16the parent or student shall be made in writing to the
17superintendent of the school district where the student
18resides. The superintendent shall forward the request to the
19State Board of Education within 5 days after receipt of the
20request. The request shall be filed no more than 2 years
21following the date the person or school district knew or
22should have known of the event or events forming the basis for
23the request. The request shall, at a minimum, contain all of
24the following:
25        (1) The name of the student, the address of the
26    student's residence, and the name of the school the

 

 

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1    student is attending.
2        (2) In the case of homeless children (as defined under
3    the federal McKinney-Vento Homeless Assistance Act (42
4    U.S.C. 11434a(2))), available contact information for the
5    student and the name of the school the student is
6    attending.
7        (3) A description of the nature of the problem
8    relating to the actual or proposed placement,
9    identification, services, or evaluation of the student,
10    including facts relating to the problem.
11        (4) A proposed resolution of the problem to the extent
12    known and available to the party at the time.
13    (f-5) Within 3 days after receipt of the hearing request,
14the State Board of Education shall appoint a due process
15hearing officer using a rotating appointment system and shall
16notify the hearing officer of his or her appointment.
17    For a school district other than a school district located
18in a municipality having a population exceeding 500,000, a
19hearing officer who is a current resident of the school
20district, special education cooperative, or other public
21entity involved in the hearing shall recuse himself or
22herself. A hearing officer who is a former employee of the
23school district, special education cooperative, or other
24public entity involved in the hearing shall immediately
25disclose the former employment to the parties and shall recuse
26himself or herself, unless the parties otherwise agree in

 

 

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1writing. A hearing officer having a personal or professional
2interest that may conflict with his or her objectivity in the
3hearing shall disclose the conflict to the parties and shall
4recuse himself or herself unless the parties otherwise agree
5in writing. For purposes of this subsection an assigned
6hearing officer shall be considered to have a conflict of
7interest if, at any time prior to the issuance of his or her
8written decision, he or she knows or should know that he or she
9may receive remuneration from a party to the hearing within 3
10years following the conclusion of the due process hearing.
11    A party to a due process hearing shall be permitted one
12substitution of hearing officer as a matter of right, in
13accordance with procedures established by the rules adopted by
14the State Board of Education under this Section. The State
15Board of Education shall randomly select and appoint another
16hearing officer within 3 days after receiving notice that the
17appointed hearing officer is ineligible to serve or upon
18receiving a proper request for substitution of hearing
19officer. If a party withdraws its request for a due process
20hearing after a hearing officer has been appointed, that
21hearing officer shall retain jurisdiction over a subsequent
22hearing that involves the same parties and is requested within
23one year from the date of withdrawal of the previous request,
24unless that hearing officer is unavailable.
25    Any party may raise facts that constitute a conflict of
26interest for the hearing officer at any time before or during

 

 

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1the hearing and may move for recusal.
2    (g) Impartial due process hearings shall be conducted
3pursuant to this Section and any rules and regulations
4promulgated by the State Board of Education consistent with
5this Section and other governing laws and regulations. The
6hearing shall address only those issues properly raised in the
7hearing request under subsection (f) of this Section or, if
8applicable, in the amended hearing request under subsection
9(g-15) of this Section. The hearing shall be closed to the
10public unless the parents request that the hearing be open to
11the public. The parents involved in the hearing shall have the
12right to have the student who is the subject of the hearing
13present. The hearing shall be held at a time and place which
14are reasonably convenient to the parties involved. Upon the
15request of a party, the hearing officer shall hold the hearing
16at a location neutral to the parties if the hearing officer
17determines that there is no cost for securing the use of the
18neutral location. Once appointed, the impartial due process
19hearing officer shall not communicate with the State Board of
20Education or its employees concerning the hearing, except
21that, where circumstances require, communications for
22administrative purposes that do not deal with substantive or
23procedural matters or issues on the merits are authorized,
24provided that the hearing officer promptly notifies all
25parties of the substance of the communication as a matter of
26record.

 

 

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1    (g-5) Unless the school district has previously provided
2prior written notice to the parent or student (if at least 18
3years of age or emancipated) regarding the subject matter of
4the hearing request, the school district shall, within 10 days
5after receiving a hearing request initiated by a parent or
6student (if at least 18 years of age or emancipated), provide a
7written response to the request that shall include all of the
8following:
9        (1) An explanation of why the school district proposed
10    or refused to take the action or actions described in the
11    hearing request.
12        (2) A description of other options the IEP team
13    considered and the reasons why those options were
14    rejected.
15        (3) A description of each evaluation procedure,
16    assessment, record, report, or other evidence the school
17    district used as the basis for the proposed or refused
18    action or actions.
19        (4) A description of the factors that are or were
20    relevant to the school district's proposed or refused
21    action or actions.
22    (g-10) When the hearing request has been initiated by a
23school district, within 10 days after receiving the request,
24the parent or student (if at least 18 years of age or
25emancipated) shall provide the school district with a response
26that specifically addresses the issues raised in the school

 

 

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1district's hearing request. The parent's or student's response
2shall be provided in writing, unless he or she is illiterate or
3has a disability that prevents him or her from providing a
4written response. The parent's or student's response may be
5provided in his or her native language, if other than English.
6In the event that illiteracy or another disabling condition
7prevents the parent or student from providing a written
8response, the school district shall assist the parent or
9student in providing the written response.
10    (g-15) Within 15 days after receiving notice of the
11hearing request, the non-requesting party may challenge the
12sufficiency of the request by submitting its challenge in
13writing to the hearing officer. Within 5 days after receiving
14the challenge to the sufficiency of the request, the hearing
15officer shall issue a determination of the challenge in
16writing to the parties. In the event that the hearing officer
17upholds the challenge, the party who requested the hearing
18may, with the consent of the non-requesting party or hearing
19officer, file an amended request. Amendments are permissible
20for the purpose of raising issues beyond those in the initial
21hearing request. In addition, the party who requested the
22hearing may amend the request once as a matter of right by
23filing the amended request within 5 days after filing the
24initial request. An amended request, other than an amended
25request as a matter of right, shall be filed by the date
26determined by the hearing officer, but in no event any later

 

 

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1than 5 days prior to the date of the hearing. If an amended
2request, other than an amended request as a matter of right,
3raises issues that were not part of the initial request, the
4applicable timeline for a hearing, including the timeline
5under subsection (g-20) of this Section, shall recommence.
6    (g-20) Within 15 days after receiving a request for a
7hearing from a parent or student (if at least 18 years of age
8or emancipated) or, in the event that the school district
9requests a hearing, within 15 days after initiating the
10request, the school district shall convene a resolution
11meeting with the parent and relevant members of the IEP team
12who have specific knowledge of the facts contained in the
13request for the purpose of resolving the problem that resulted
14in the request. The resolution meeting shall include a
15representative of the school district who has decision-making
16authority on behalf of the school district. Unless the parent
17is accompanied by an attorney at the resolution meeting, the
18school district may not include an attorney representing the
19school district.
20    The resolution meeting may not be waived unless agreed to
21in writing by the school district and the parent or student (if
22at least 18 years of age or emancipated) or the parent or
23student (if at least 18 years of age or emancipated) and the
24school district agree in writing to utilize mediation in place
25of the resolution meeting. If either party fails to cooperate
26in the scheduling or convening of the resolution meeting, the

 

 

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1hearing officer may order an extension of the timeline for
2completion of the resolution meeting or, upon the motion of a
3party and at least 7 days after ordering the non-cooperating
4party to cooperate, order the dismissal of the hearing request
5or the granting of all relief set forth in the request, as
6appropriate.
7    In the event that the school district and the parent or
8student (if at least 18 years of age or emancipated) agree to a
9resolution of the problem that resulted in the hearing
10request, the terms of the resolution shall be committed to
11writing and signed by the parent or student (if at least 18
12years of age or emancipated) and the representative of the
13school district with decision-making authority. The agreement
14shall be legally binding and shall be enforceable in any State
15or federal court of competent jurisdiction. In the event that
16the parties utilize the resolution meeting process, the
17process shall continue until no later than the 30th day
18following the receipt of the hearing request by the
19non-requesting party (or as properly extended by order of the
20hearing officer) to resolve the issues underlying the request,
21at which time the timeline for completion of the impartial due
22process hearing shall commence. The State Board of Education
23may, by rule, establish additional procedures for the conduct
24of resolution meetings.
25    (g-25) If mutually agreed to in writing, the parties to a
26hearing request may request State-sponsored mediation as a

 

 

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1substitute for the resolution process described in subsection
2(g-20) of this Section or may utilize mediation at the close of
3the resolution process if all issues underlying the hearing
4request have not been resolved through the resolution process.
5    (g-30) If mutually agreed to in writing, the parties to a
6hearing request may waive the resolution process described in
7subsection (g-20) of this Section. Upon signing a written
8agreement to waive the resolution process, the parties shall
9be required to forward the written waiver to the hearing
10officer appointed to the case within 2 business days following
11the signing of the waiver by the parties. The timeline for the
12impartial due process hearing shall commence on the date of
13the signing of the waiver by the parties.
14    (g-35) The timeline for completing the impartial due
15process hearing, as set forth in subsection (h) of this
16Section, shall be initiated upon the occurrence of any one of
17the following events:
18        (1) The unsuccessful completion of the resolution
19    process as described in subsection (g-20) of this Section.
20        (2) The mutual agreement of the parties to waive the
21    resolution process as described in subsection (g-25) or
22    (g-30) of this Section.
23    (g-40) The hearing officer shall convene a prehearing
24conference no later than 14 days before the scheduled date for
25the due process hearing for the general purpose of aiding in
26the fair, orderly, and expeditious conduct of the hearing. The

 

 

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

 

 

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1initiate or participate in any ex parte communications with
2the parties, except to arrange the date, time, and location of
3the prehearing conference, due process hearing, or other
4status conferences convened at the discretion of the hearing
5officer and to receive confirmation of whether a party intends
6to participate in the prehearing conference.
7    (g-50) The parties shall disclose and provide to each
8other any evidence which they intend to submit into the
9hearing record no later than 5 days before the hearing. Any
10party to a hearing has the right to prohibit the introduction
11of any evidence at the hearing that has not been disclosed to
12that party at least 5 days before the hearing. The party
13requesting a hearing shall not be permitted at the hearing to
14raise issues that were not raised in the party's initial or
15amended request, unless otherwise permitted in this Section.
16    (g-55) All reasonable efforts must be made by the parties
17to present their respective cases at the hearing within a
18cumulative period of 7 days. When scheduling hearing dates,
19the hearing officer shall schedule the final day of the
20hearing no more than 30 calendar days after the first day of
21the hearing unless good cause is shown. This subsection (g-55)
22shall not be applied in a manner that (i) denies any party to
23the hearing a fair and reasonable allocation of time and
24opportunity to present its case in its entirety or (ii)
25deprives any party to the hearing of the safeguards accorded
26under the federal Individuals with Disabilities Education

 

 

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1Improvement Act of 2004 (Public Law 108-446), regulations
2promulgated under the Individuals with Disabilities Education
3Improvement Act of 2004, or any other applicable law. The
4school district shall present evidence that the special
5education needs of the child have been appropriately
6identified and that the special education program and related
7services proposed to meet the needs of the child are adequate,
8appropriate, and available. Any party to the hearing shall
9have the right to (1) be represented by counsel and be
10accompanied and advised by individuals with special knowledge
11or training with respect to the problems of children with
12disabilities, at the party's own expense; (2) present evidence
13and confront and cross-examine witnesses; (3) move for the
14exclusion of witnesses from the hearing until they are called
15to testify, provided, however, that this provision may not be
16invoked to exclude the individual designated by a party to
17assist that party or its representative in the presentation of
18the case; (4) obtain a written or electronic verbatim record
19of the proceedings within 30 days of receipt of a written
20request from the parents by the school district; and (5)
21obtain a written decision, including findings of fact and
22conclusions of law, within 10 calendar days, excluding
23Saturday, Sunday, and any State holiday, after the conclusion
24of the hearing. If at issue, the school district shall present
25evidence that it has properly identified and evaluated the
26nature and severity of the student's suspected or identified

 

 

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1disability and that, if the student has been or should have
2been determined eligible for special education and related
3services, that it is providing or has offered a free
4appropriate public education to the student in the least
5restrictive environment, consistent with procedural safeguards
6and in accordance with an individualized educational program.
7At any time prior to the conclusion of the hearing, the
8impartial due process hearing officer shall have the authority
9to require additional information and order independent
10evaluations for the student at the expense of the school
11district. The State Board of Education and the school district
12shall share equally the costs of providing a written or
13electronic verbatim record of the proceedings. Any party may
14request that the due process hearing officer issue a subpoena
15to compel the testimony of witnesses or the production of
16documents relevant to the resolution of the hearing. Whenever
17a person refuses to comply with any subpoena issued under this
18Section, the circuit court of the county in which that hearing
19is pending, on application of the impartial hearing officer or
20the party requesting the issuance of the subpoena, may compel
21compliance through the contempt powers of the court in the
22same manner as if the requirements of a subpoena issued by the
23court had been disobeyed.
24    (h) The impartial hearing officer shall issue a written
25decision, including findings of fact and conclusions of law,
26within 10 calendar days, excluding Saturday, Sunday, and any

 

 

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1State holiday, after the conclusion of the hearing and send by
2certified mail a copy of the decision to the parents or student
3(if the student requests the hearing), the school district,
4the director of special education, legal representatives of
5the parties, and the State Board of Education. Unless the
6hearing officer has granted specific extensions of time at the
7request of a party, a final decision, including the
8clarification of a decision requested under this subsection,
9shall be reached and mailed to the parties named above not
10later than 45 days after the initiation of the timeline for
11conducting the hearing, as described in subsection (g-35) of
12this Section. The decision shall specify the educational and
13related services that shall be provided to the student in
14accordance with the student's needs and the timeline for which
15the school district shall submit evidence to the State Board
16of Education to demonstrate compliance with the hearing
17officer's decision in the event that the decision orders the
18school district to undertake corrective action. The hearing
19officer shall retain jurisdiction for the sole purpose of
20considering a request for clarification of the final decision
21submitted in writing by a party to the impartial hearing
22officer within 5 days after receipt of the decision. A copy of
23the request for clarification shall specify the portions of
24the decision for which clarification is sought and shall be
25mailed to all parties of record and to the State Board of
26Education. The request shall operate to stay implementation of

 

 

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1those portions of the decision for which clarification is
2sought, pending action on the request by the hearing officer,
3unless the parties otherwise agree. The hearing officer shall
4issue a clarification of the specified portion of the decision
5or issue a partial or full denial of the request in writing
6within 10 days of receipt of the request and mail copies to all
7parties to whom the decision was mailed. This subsection does
8not permit a party to request, or authorize a hearing officer
9to entertain, reconsideration of the decision itself. The
10statute of limitations for seeking review of the decision
11shall be tolled from the date the request is submitted until
12the date the hearing officer acts upon the request. The
13hearing officer's decision shall be binding upon the school
14district and the parents unless a civil action is commenced.
15    (i) Any party to an impartial due process hearing
16aggrieved by the final written decision of the impartial due
17process hearing officer shall have the right to commence a
18civil action with respect to the issues presented in the
19impartial due process hearing. That civil action shall be
20brought in any court of competent jurisdiction within 120 days
21after a copy of the decision of the impartial due process
22hearing officer is mailed to the party as provided in
23subsection (h). The civil action authorized by this subsection
24shall not be exclusive of any rights or causes of action
25otherwise available. The commencement of a civil action under
26this subsection shall operate as a supersedeas. In any action

 

 

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1brought under this subsection the Court shall receive the
2records of the impartial due process hearing, shall hear
3additional evidence at the request of a party, and, basing its
4decision on the preponderance of the evidence, shall grant
5such relief as the court determines is appropriate. In any
6instance where a school district willfully disregards
7applicable regulations or statutes regarding a child covered
8by this Article, and which disregard has been detrimental to
9the child, the school district shall be liable for any
10reasonable attorney's fees incurred by the parent in
11connection with proceedings under this Section.
12    (j) During the pendency of any administrative or judicial
13proceeding conducted pursuant to this Section, including
14mediation (if the school district or other public entity
15voluntarily agrees to participate in mediation), unless the
16school district and the parents or student (if at least 18
17years of age or emancipated) otherwise agree, the student
18shall remain in his or her present educational placement and
19continue in his or her present eligibility status and special
20education and related services, if any. If mediation fails to
21resolve the dispute between the parties, or if the parties do
22not agree to use mediation, the parent (or student if 18 years
23of age or older or emancipated) shall have 10 days after the
24mediation concludes, or after a party declines to use
25mediation, to file a request for a due process hearing in order
26to continue to invoke the "stay-put" provisions of this

 

 

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1subsection (j). If applying for initial admission to the
2school district, the student shall, with the consent of the
3parents (if the student is not at least 18 years of age or
4emancipated), be placed in the school district program until
5all such proceedings have been completed. The costs for any
6special education and related services or placement incurred
7following 60 school days after the initial request for
8evaluation shall be borne by the school district if the
9services or placement is in accordance with the final
10determination as to the special education and related services
11or placement that must be provided to the child, provided that
12during that 60-day period there have been no delays caused by
13the child's parent. The requirements and procedures of this
14subsection (j) shall be included in the uniform notices
15developed by the State Superintendent under subsection (g) of
16Section 14-8.02 of this Code.
17    (k) Whenever the parents of a child of the type described
18in Section 14-1.02 are not known or are unavailable or the
19child is a youth in care as defined in Section 4d of the
20Children and Family Services Act, a person shall be assigned
21to serve as surrogate parent for the child in matters relating
22to the identification, evaluation, and educational placement
23of the child and the provision of a free appropriate public
24education to the child. Persons shall be assigned as surrogate
25parents by the State Superintendent of Education. The State
26Board of Education shall promulgate rules and regulations

 

 

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1establishing qualifications of those persons and their
2responsibilities and the procedures to be followed in making
3assignments of persons as surrogate parents. Surrogate parents
4shall not be employees of the school district, an agency
5created by joint agreement under Section 10-22.31, an agency
6involved in the education or care of the student, or the State
7Board of Education. Services of any person assigned as
8surrogate parent shall terminate if the parent becomes
9available unless otherwise requested by the parents. The
10assignment of a person as surrogate parent at no time
11supersedes, terminates, or suspends the parents' legal
12authority relative to the child. Any person participating in
13good faith as surrogate parent on behalf of the child before
14school officials or a hearing officer shall have immunity from
15civil or criminal liability that otherwise might result by
16reason of that participation, except in cases of willful and
17wanton misconduct.
18    (l) At all stages of the hearing or mediation, the hearing
19officer or mediator shall require that interpreters licensed
20pursuant to the Interpreter for the Deaf Licensure Act of 2007
21be made available by the school district for persons who are
22deaf or qualified interpreters be made available by the school
23district for persons whose normally spoken language is other
24than English.
25    (m) If any provision of this Section or its application to
26any person or circumstance is held invalid, the invalidity of

 

 

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1that provision or application does not affect other provisions
2or applications of the Section that can be given effect
3without the invalid application or provision, and to this end
4the provisions of this Section are severable, unless otherwise
5provided by this Section.
6(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
7100-849, eff. 8-14-18; 100-863, eff. 8-14-18.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".