Illinois General Assembly - Full Text of HB0016
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Full Text of HB0016  98th General Assembly

HB0016 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0016

 

Introduced 1/9/2013, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.9a  from Ch. 122, par. 10-20.9a
105 ILCS 5/10-20.55 new
105 ILCS 5/14-6.01  from Ch. 122, par. 14-6.01
105 ILCS 5/34-18.48 new

    Amends the School Code. Provides that a school board may create a committee on the retention of students, consisting of the district superintendent or his or her designee, a district administrator who directs student instruction and curriculum, a principal, and a teacher. Provides that prior to retention in a grade, a school may submit, by a date as set by the committee, the names of all students determined by the school to not qualify for promotion to the next higher grade and the reason for that determination. Requires the committee to review the school's decision to retain with respect to each student and make a final decision regarding whether or not to retain a particular student. Requires the committee to take into consideration the performance evaluation of the student's teacher or teachers. Provides that the committee may vote to prohibit the school district from retaining the student if the committee determines that the student is being retained due to inadequate instruction, resources, or facilities provided by the school district or due to the student having an undiagnosed learning disability. Amends the Children with Disabilities Article to provide that a child with a learning disability must not be denied promotion, graduation, or a general diploma on the basis of failing a minimal competency test when such failure can be directly related to the disabling condition of the student. Effective immediately.


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A BILL FOR

 

HB0016LRB098 00160 NHT 30161 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-20.9a and 14-6.01 and by adding Sections 10-20.55 and
634-18.48 as follows:
 
7    (105 ILCS 5/10-20.9a)  (from Ch. 122, par. 10-20.9a)
8    Sec. 10-20.9a. Final Grade; Promotion.
9    (a) Teachers shall administer the approved marking system
10or other approved means of evaluating pupil progress. The
11teacher shall maintain the responsibility and right to
12determine grades and other evaluations of students within the
13grading policies of the district based upon his or her
14professional judgment of available criteria pertinent to any
15given subject area or activity for which he or she is
16responsible. District policy shall provide the procedure and
17reasons by and for which a grade may be changed; provided that
18no grade or evaluation shall be changed without notification to
19the teacher concerning the nature and reasons for such change.
20If such a change is made, the person making the change shall
21assume such responsibility for determining the grade or
22evaluation, and shall initial such change.
23    (b) School districts shall not promote students to the next

 

 

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1higher grade level based upon age or any other social reasons
2not related to the academic performance of the students. On or
3before September 1, 1998, school boards shall adopt and enforce
4a policy on promotion as they deem necessary to ensure that
5students meet local goals and objectives and can perform at the
6expected grade level prior to promotion. Decisions to promote
7or retain students in any classes shall be based on successful
8completion of the curriculum, attendance, performance based on
9Illinois Goals and Assessment Program tests, the Iowa Test of
10Basic Skills, or other testing or any other criteria
11established by the school board. Students determined by the
12local district to not qualify for promotion to the next higher
13grade shall be provided remedial assistance, which may include,
14but shall not be limited to, a summer bridge program of no less
15than 90 hours, tutorial sessions, increased or concentrated
16instructional time, modifications to instructional materials,
17and retention in grade, subject to Section 10-20.53 of this
18Code.
19(Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
 
20    (105 ILCS 5/10-20.55 new)
21    Sec. 10-20.55. Committee on the retention of students.
22    (a) A school board may create a committee on the retention
23of students. The committee shall consist of the district
24superintendent or his or her designee, a district administrator
25who directs student instruction and curriculum, a principal

 

 

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1from a school of the district, and a teacher from a school of
2the district.
3    (b) Prior to retention in a grade, a school may submit, by
4a date as set by the committee on the retention of students,
5the names of all students determined by the school to not
6qualify for promotion to the next higher grade and the reason
7for that determination. The committee shall review the school's
8decision to retain with respect to each student and shall make
9a final decision regarding whether or not to retain a
10particular student. The committee shall take into
11consideration the performance evaluation of the student's
12teacher or teachers pursuant to Article 24A of this Code. The
13committee may vote to prohibit the school district from
14retaining the student if the committee determines that the
15student is being retained due to inadequate instruction,
16resources, or facilities provided by the school district or due
17to the student having an undiagnosed learning disability.
 
18    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)
19    Sec. 14-6.01. Powers and duties of school boards. School
20boards of one or more school districts establishing and
21maintaining any of the educational facilities described in this
22Article shall, in connection therewith, exercise similar
23powers and duties as are prescribed by law for the
24establishment, maintenance and management of other recognized
25educational facilities. Such school boards shall include only

 

 

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1eligible children in the program and shall comply with all the
2requirements of this Article and all rules and regulations
3established by the State Board of Education. Such school boards
4shall accept in part-time attendance children with
5disabilities of the types described in Sections 14-1.02 through
614-1.07 who are enrolled in nonpublic schools. A request for
7part-time attendance must be submitted by a parent or guardian
8of the disabled child and may be made only to those public
9schools located in the district where the child attending the
10nonpublic school resides; however, nothing in this Section
11shall be construed as prohibiting an agreement between the
12district where the child resides and another public school
13district to provide special educational services if such an
14arrangement is deemed more convenient and economical. Special
15educational services shall be provided to such students as soon
16as possible after the identification, evaluation and placement
17procedures provided in Section 14-8.02, but no later than the
18beginning of the next school semester following the completion
19of such procedures. Transportation for students in part time
20attendance shall be provided only if required in the child's
21individualized educational program on the basis of the child's
22disabling condition or as the special education program
23location may require.
24    A school board shall publish a public notice in its
25newsletter of general circulation or in the newsletter of
26another governmental entity of general circulation in the

 

 

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1district or if neither is available in the district, then in a
2newspaper of general circulation in the district, the right of
3all children with disabilities to a free appropriate public
4education as provided under this Code. Such notice shall
5identify the location and phone number of the office or agent
6of the school district to whom inquiries should be directed
7regarding the identification, assessment and placement of such
8children.
9    School boards shall immediately provide upon request by any
10person written materials and other information that indicates
11the specific policies, procedures, rules and regulations
12regarding the identification, evaluation or educational
13placement of children with disabilities under Section 14-8.02
14of the School Code. Such information shall include information
15regarding all rights and entitlements of such children under
16this Code, and of the opportunity to present complaints with
17respect to any matter relating to educational placement of the
18student, or the provision of a free appropriate public
19education and to have an impartial due process hearing on the
20complaint. The notice shall inform the parents or guardian in
21the parents' or guardian's native language, unless it is
22clearly not feasible to do so, of their rights and all
23procedures available pursuant to this Act and federal Public
24Law 94-142; it shall be the responsibility of the State
25Superintendent to develop uniform notices setting forth the
26procedures available under this Act and federal Public Law

 

 

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194-142, as amended, to be used by all school boards. The notice
2shall also inform the parents or guardian of the availability
3upon request of a list of free or low-cost legal and other
4relevant services available locally to assist parents or
5guardians in exercising rights or entitlements under this Code.
6    Any parent or guardian who is deaf, or does not normally
7communicate using spoken English, who participates in a meeting
8with a representative of a local educational agency for the
9purposes of developing an individualized educational program
10shall be entitled to the services of an interpreter.
11    No disabled student or child with a learning disability may
12be denied promotion, graduation or a general diploma on the
13basis of failing a minimal competency test when such failure
14can be directly related to the disabling condition of the
15student. For the purpose of this Act, "minimal competency
16testing" is defined as tests which are constructed to measure
17the acquisition of skills to or beyond a certain defined
18standard.
19    Effective July 1, 1966, high school districts are
20financially responsible for the education of pupils with
21disabilities who are residents in their districts when such
22pupils have reached age 15 but may admit children with
23disabilities into special educational facilities without
24regard to graduation from the eighth grade after such pupils
25have reached the age of 14 1/2 years. Upon a disabled pupil's
26attaining the age of 14 1/2 years, it shall be the duty of the

 

 

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1elementary school district in which the pupil resides to notify
2the high school district in which the pupil resides of the
3pupil's current eligibility for special education services, of
4the pupil's current program, and of all evaluation data upon
5which the current program is based. After an examination of
6that information the high school district may accept the
7current placement and all subsequent timelines shall be
8governed by the current individualized educational program; or
9the high school district may elect to conduct its own
10evaluation and multidisciplinary staff conference and
11formulate its own individualized educational program, in which
12case the procedures and timelines contained in Section 14-8.02
13shall apply.
14(Source: P.A. 89-397, eff. 8-20-95.)
 
15    (105 ILCS 5/34-18.48 new)
16    Sec. 34-18.48. Committee on the retention of students.
17    (a) The board may create a committee on the retention of
18students. The committee shall consist of the general
19superintendent of schools or his or her designee, a district
20administrator who directs student instruction and curriculum,
21a principal from a school of the district, and a teacher from a
22school of the district.
23    (b) Prior to retention in a grade, a school may submit, by
24a date as set by the committee on the retention of students,
25the names of all students determined by the school to not

 

 

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1qualify for promotion to the next higher grade and the reason
2for that determination. The committee shall review the school's
3decision to retain with respect to each student and shall make
4a final decision regarding whether or not to retain a
5particular student. The committee shall take into
6consideration the performance evaluation of the student's
7teacher or teachers pursuant to Article 24A of this Code. The
8committee may vote to prohibit the school district from
9retaining the student if the committee determines that the
10student is being retained due to inadequate instruction,
11resources, or facilities provided by the school district or due
12to the student having an undiagnosed learning disability.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.