Illinois General Assembly - Full Text of HB3680
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Full Text of HB3680  103rd General Assembly




HB3680 EnrolledLRB103 30463 RJT 56896 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 Section
514-8.02 as follows:
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    Sec. 14-8.02. Identification, evaluation, and placement of
9    (a) The State Board of Education shall make rules under
10which local school boards shall determine the eligibility of
11children to receive special education. Such rules shall ensure
12that a free appropriate public education be available to all
13children with disabilities as defined in Section 14-1.02. The
14State Board of Education shall require local school districts
15to administer non-discriminatory procedures or tests to
16English learners coming from homes in which a language other
17than English is used to determine their eligibility to receive
18special education. The placement of low English proficiency
19students in special education programs and facilities shall be
20made in accordance with the test results reflecting the
21student's linguistic, cultural and special education needs.
22For purposes of determining the eligibility of children the
23State Board of Education shall include in the rules



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1definitions of "case study", "staff conference",
2"individualized educational program", and "qualified
3specialist" appropriate to each category of children with
4disabilities as defined in this Article. For purposes of
5determining the eligibility of children from homes in which a
6language other than English is used, the State Board of
7Education shall include in the rules definitions for
8"qualified bilingual specialists" and "linguistically and
9culturally appropriate individualized educational programs".
10For purposes of this Section, as well as Sections 14-8.02a,
1114-8.02b, and 14-8.02c of this Code, "parent" means a parent
12as defined in the federal Individuals with Disabilities
13Education Act (20 U.S.C. 1401(23)).
14    (b) No child shall be eligible for special education
15facilities except with a carefully completed case study fully
16reviewed by professional personnel in a multidisciplinary
17staff conference and only upon the recommendation of qualified
18specialists or a qualified bilingual specialist, if available.
19At the conclusion of the multidisciplinary staff conference,
20the parent of the child and, if the child is in the legal
21custody of the Department of Children and Family Services, the
22Department's Office of Education and Transition Services shall
23be given a copy of the multidisciplinary conference summary
24report and recommendations, which includes options considered,
25and, in the case of the parent, be informed of his or her right
26to obtain an independent educational evaluation if he or she



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1disagrees with the evaluation findings conducted or obtained
2by the school district. If the school district's evaluation is
3shown to be inappropriate, the school district shall reimburse
4the parent for the cost of the independent evaluation. The
5State Board of Education shall, with advice from the State
6Advisory Council on Education of Children with Disabilities on
7the inclusion of specific independent educational evaluators,
8prepare a list of suggested independent educational
9evaluators. The State Board of Education shall include on the
10list clinical psychologists licensed pursuant to the Clinical
11Psychologist Licensing Act. Such psychologists shall not be
12paid fees in excess of the amount that would be received by a
13school psychologist for performing the same services. The
14State Board of Education shall supply school districts with
15such list and make the list available to parents at their
16request. School districts shall make the list available to
17parents at the time they are informed of their right to obtain
18an independent educational evaluation. However, the school
19district may initiate an impartial due process hearing under
20this Section within 5 days of any written parent request for an
21independent educational evaluation to show that its evaluation
22is appropriate. If the final decision is that the evaluation
23is appropriate, the parent still has a right to an independent
24educational evaluation, but not at public expense. An
25independent educational evaluation at public expense must be
26completed within 30 days of a parent written request unless



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



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



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



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1    In the development of the individualized education program
2for a student who has a disability on the autism spectrum
3(which includes autistic disorder, Asperger's disorder,
4pervasive developmental disorder not otherwise specified,
5childhood disintegrative disorder, and Rett Syndrome, as
6defined in the Diagnostic and Statistical Manual of Mental
7Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
8consider all of the following factors:
9        (1) The verbal and nonverbal communication needs of
10    the child.
11        (2) The need to develop social interaction skills and
12    proficiencies.
13        (3) The needs resulting from the child's unusual
14    responses to sensory experiences.
15        (4) The needs resulting from resistance to
16    environmental change or change in daily routines.
17        (5) The needs resulting from engagement in repetitive
18    activities and stereotyped movements.
19        (6) The need for any positive behavioral
20    interventions, strategies, and supports to address any
21    behavioral difficulties resulting from autism spectrum
22    disorder.
23        (7) Other needs resulting from the child's disability
24    that impact progress in the general curriculum, including
25    social and emotional development.
26Public Act 95-257 does not create any new entitlement to a



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



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



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



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



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



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



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



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1    personnel having information relevant to the child's
2    current educational services, program, or placement or to
3    a proposed educational service, program, or placement.
4    (h) In the development of the individualized education
5program or federal Section 504 plan for a student, if the
6student needs extra accommodation during emergencies,
7including natural disasters or an active shooter situation,
8then that accommodation shall be taken into account when
9developing the student's individualized education program or
10federal Section 504 plan.
11(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
12102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
135-13-22; 102-1072, eff. 6-10-22.)
14    Section 10. The School Safety Drill Act is amended by
15changing Section 20 as follows:
16    (105 ILCS 128/20)
17    Sec. 20. Number of drills; incidents covered; local
18authority participation.
19    (a) During each academic year, schools must conduct a
20minimum of 3 school evacuation drills to address and prepare
21students and school personnel for fire incidents. These drills
22must meet all of the following criteria:
23        (1) One of the 3 school evacuation drills shall
24    require the participation of the appropriate local fire



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1    department or district.
2            (A) Each local fire department or fire district
3        must contact the appropriate school administrator or
4        his or her designee no later than September 1 of each
5        year in order to arrange for the participation of the
6        department or district in the school evacuation drill.
7            (B) Each school administrator or his or her
8        designee must contact the responding local fire
9        official no later than September 15 of each year and
10        propose to the local fire official 4 dates within the
11        month of October, during at least 2 different weeks of
12        October, on which the drill shall occur. The fire
13        official may choose any of the 4 available dates, and
14        if he or she does so, the drill shall occur on that
15        date.
16            (C) The school administrator or his or her
17        designee and the local fire official may also, by
18        mutual agreement, set any other date for the drill,
19        including a date outside of the month of October.
20            (D) If the fire official does not select one of the
21        4 offered dates in October or set another date by
22        mutual agreement, the requirement that the school
23        include the local fire service in one of its mandatory
24        school evacuation drills shall be waived. Schools,
25        however, shall continue to be strongly encouraged to
26        include the fire service in a school evacuation drill



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1        at a mutually agreed-upon time.
2            (E) Upon the participation of the local fire
3        service, the appropriate local fire official shall
4        certify that the school evacuation drill was
5        conducted.
6            (F) When scheduling the school evacuation drill,
7        the school administrator or his or her designee and
8        the local fire department or fire district may, by
9        mutual agreement on or before September 14, choose to
10        waive the provisions of subparagraphs (B), (C), and
11        (D) of this paragraph (1).
12        Additional school evacuation drills for fire incidents
13    may involve the participation of the appropriate local
14    fire department or district.
15        (2) Schools may conduct additional school evacuation
16    drills to account for other evacuation incidents,
17    including without limitation suspicious items or bomb
18    threats.
19        (3) All drills shall be conducted at each school
20    building that houses school children.
21    (b) During each academic year, schools must conduct a
22minimum of one bus evacuation drill. This drill shall be
23accounted for in the curriculum in all public schools and in
24all other educational institutions in this State that are
25supported or maintained, in whole or in part, by public funds
26and that provide instruction in any of the grades kindergarten



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1through 12. This curriculum shall include instruction in safe
2bus riding practices for all students. Schools may conduct
3additional bus evacuation drills. All drills shall be
4conducted at each school building that houses school children.
5    (b-5) Notwithstanding the minimum requirements established
6by this Act, private schools that do not utilize a bus to
7transport students for any purpose are exempt from subsection
8(b) of this Section, provided that the chief school
9administrator of the private school provides written assurance
10to the State Board of Education that the private school does
11not plan to utilize a bus to transport students for any purpose
12during the current academic year. The assurance must be made
13on a form supplied by the State Board of Education and filed no
14later than October 15. If a private school utilizes a bus to
15transport students for any purpose during an academic year
16when an assurance pursuant to this subsection (b-5) has been
17filed with the State Board of Education, the private school
18shall immediately notify the State Board of Education and
19comply with subsection (b) of this Section no later than 30
20calendar days after utilization of the bus to transport
21students, except that, at the discretion of the private
22school, students chosen for participation in the bus
23evacuation drill need include only the subgroup of students
24that are utilizing bus transportation.
25    (c) During each academic year, schools must conduct a law
26enforcement lockdown drill to address a school shooting



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1incident. No later than 90 days after the first day of each
2school year, schools must conduct at least one law enforcement
3lockdown drill that addresses an active threat or an active
4shooter within a school building. Such drills must be
5conducted according to the school district's or private
6school's emergency and crisis response plans, protocols, and
7procedures to evaluate the preparedness of school personnel
8and students. Law enforcement lockdown drills must be
9conducted on days and times when students are normally present
10in the school building and must involve participation from all
11school personnel and students present at school at the time of
12the lockdown drill, except that administrators or school
13support personnel in their discretion may exempt students from
14the lockdown drill. The appropriate local law enforcement
15agency shall observe the administration of the lockdown drill.
16All drills must be conducted at each school building that
17houses school children.
18        (1) A law enforcement lockdown drill must meet all of
19    the following criteria:
20            (A) During each calendar year, the appropriate
21        local law enforcement agency shall contact the
22        appropriate school administrator to request to
23        participate in a law enforcement lockdown drill. The
24        school administrator and local law enforcement agency
25        shall set, by mutual agreement, a date for the
26        lockdown drill.



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1            (A-5) The lockdown drill shall require the on-site
2        participation of the local law enforcement agency. If
3        a mutually agreeable date cannot be reached between
4        the school administrator and the appropriate local law
5        enforcement agency, then the school shall still hold
6        the lockdown drill without participation from the
7        agency.
8            (B) Upon the participation of a local law
9        enforcement agency in a law enforcement lockdown
10        drill, the appropriate local law enforcement official
11        shall certify that the law enforcement lockdown drill
12        was conducted and notify the school in a timely manner
13        of any deficiencies noted during the drill.
14            (C) The lockdown drill must not include
15        simulations that mimic an actual school shooting
16        incident or active shooter event.
17            (D) All lockdown drills must be announced in
18        advance to all school personnel and students prior to
19        the commencement of the drill.
20            (E) Lockdown drill content must be age appropriate
21        and developmentally appropriate.
22            (F) Lockdown drills must include and involve
23        school personnel, including school-based mental health
24        professionals.
25            (G) Lockdown drills must include trauma-informed
26        approaches to address the concerns and well-being of



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1        students and school personnel.
2        (2) Schools may conduct additional law enforcement
3    drills at their discretion.
4        (3) (Blank).
5        (4) School administrators and school support personnel
6    may, in their discretion, exempt a student or students
7    from participating in a walk-through lockdown drill. When
8    deciding whether to exempt a student from participating in
9    a walk-through lockdown drill, the administrator and
10    school support personnel shall include the student's
11    individualized education program team or federal Section
12    504 plan team in the decision to exempt the student from
13    participating.
14        (5) Schools must provide sufficient information and
15    notification to parents and guardians in advance of any
16    walk-through lockdown drill that involves the
17    participation of students. Schools must also provide to
18    parents and guardians an opportunity to exempt their child
19    for any reason from participating in the walk-through
20    lockdown drill.
21        (6) Schools must provide alternative safety education
22    and instruction related to an active threat or active
23    shooter event to students who do not participate in a
24    walk-through lockdown drill to provide them with essential
25    information, training, and instruction through less
26    sensorial safety training methods.



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1        (7) During the drill, students must be allowed to ask
2    questions related to the drill.
3        (8) Law enforcement may choose to run an active
4    shooter simulation, including simulated gun fire drills,
5    but only on school days when students are not present.
6    Parental notification is not required for drills conducted
7    pursuant to this paragraph (8) if students are not
8    required to be present.
9    (d) During each academic year, schools must conduct a
10minimum of one severe weather and shelter-in-place drill to
11address and prepare students and school personnel for possible
12tornado incidents and may conduct additional severe weather
13and shelter-in-place drills to account for other incidents,
14including without limitation earthquakes or hazardous
15materials. All drills shall be conducted at each school
16building that houses school children.
17(Source: P.A. 102-395, eff. 8-16-21.)