Illinois General Assembly - Full Text of HB5897
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Full Text of HB5897  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Fred Crespo


105 ILCS 5/14-8.02  from Ch. 122, par. 14-8.02

    Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago school district only, a school board must develop and distribute to every parent or guardian of a student in that school district a one-page summation of the statute of limitations for a parent or guardian to bring a claim against the school district and any possible courses of corrective action for a student who has been denied or received delayed individualized education program services. Provides that the summation must be distributed one month before the 2018-2019 school year and the State Board must approve the content of the summation before distribution by the school board. Effective immediately.

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HB5897LRB100 22239 AXK 40876 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 definitions



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



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



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1process hearing decision indicates that the parent is entitled
2to an independent educational evaluation, it must be completed
3within 30 days of the decision unless the parent or the school
4district offers reasonable grounds to show that such 30 day
5period should be extended. If a parent disagrees with the
6summary report or recommendations of the multidisciplinary
7conference or the findings of any educational evaluation which
8results therefrom, the school district shall not proceed with a
9placement based upon such evaluation and the child shall remain
10in his or her regular classroom setting. No child shall be
11eligible for admission to a special class for children with a
12mental disability who are educable or for children with a
13mental disability who are trainable except with a psychological
14evaluation and recommendation by a school psychologist.
15Consent shall be obtained from the parent of a child before any
16evaluation is conducted. If consent is not given by the parent
17or if the parent disagrees with the findings of the evaluation,
18then the school district may initiate an impartial due process
19hearing under this Section. The school district may evaluate
20the child if that is the decision resulting from the impartial
21due process hearing and the decision is not appealed or if the
22decision is affirmed on appeal. The determination of
23eligibility shall be made and the IEP meeting shall be
24completed within 60 school days from the date of written
25parental consent. In those instances when written parental
26consent is obtained with fewer than 60 pupil attendance days



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1left in the school year, the eligibility determination shall be
2made and the IEP meeting shall be completed prior to the first
3day of the following school year. Special education and related
4services must be provided in accordance with the student's IEP
5no later than 10 school attendance days after notice is
6provided to the parents pursuant to Section 300.503 of Title 34
7of the Code of Federal Regulations and implementing rules
8adopted by the State Board of Education. The appropriate
9program pursuant to the individualized educational program of
10students whose native tongue is a language other than English
11shall reflect the special education, cultural and linguistic
12needs. No later than September 1, 1993, the State Board of
13Education shall establish standards for the development,
14implementation and monitoring of appropriate bilingual special
15individualized educational programs. The State Board of
16Education shall further incorporate appropriate monitoring
17procedures to verify implementation of these standards. The
18district shall indicate to the parent and the State Board of
19Education the nature of the services the child will receive for
20the regular school term while waiting placement in the
21appropriate special education class.
22    If the child is deaf, hard of hearing, blind, or visually
23impaired and he or she might be eligible to receive services
24from the Illinois School for the Deaf or the Illinois School
25for the Visually Impaired, the school district shall notify the
26parents, in writing, of the existence of these schools and the



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



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



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



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



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



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1Individuals with Disabilities Education Improvement Act of
22004 (Public Law 108-446); it shall be the responsibility of
3the State Superintendent to develop uniform notices setting
4forth the procedures available under this Act and the federal
5Individuals with Disabilities Education Improvement Act of
62004 (Public Law 108-446) to be used by all school boards. The
7notice shall also inform the parents of the availability upon
8request of a list of free or low-cost legal and other relevant
9services available locally to assist parents in initiating an
10impartial due process hearing. The State Superintendent shall
11revise the uniform notices required by this subsection (g) to
12reflect current law and procedures at least once every 2 years.
13Any parent who is deaf, or does not normally communicate using
14spoken English, who participates in a meeting with a
15representative of a local educational agency for the purposes
16of developing an individualized educational program shall be
17entitled to the services of an interpreter.
18    (g-5) For purposes of this subsection (g-5), "qualified
19professional" means an individual who holds credentials to
20evaluate the child in the domain or domains for which an
21evaluation is sought or an intern working under the direct
22supervision of a qualified professional, including a master's
23or doctoral degree candidate.
24    To ensure that a parent can participate fully and
25effectively with school personnel in the development of
26appropriate educational and related services for his or her



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



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



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1    (j) (Blank).
2    (k) (Blank).
3    (l) (Blank).
4    (m) (Blank).
5    (n) (Blank).
6    (o) (Blank).
7    (p) For a school district organized under Article 34 of
8this Code only, a school board must develop and distribute to
9every parent or guardian of a student in that school district a
10one-page summation of the statute of limitations for a parent
11or guardian to bring a claim against the school district and
12any possible courses of corrective action for a student who has
13been denied or received delayed individualized education
14program services. The summation must be distributed one month
15before the beginning of the 2018-2019 school year and the State
16Board must approve the content of the summation before
17distribution by the school board.
18(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
1999-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.