Illinois General Assembly - Full Text of HB4822
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Full Text of HB4822  95th General Assembly


Rep. Elizabeth Coulson

Filed: 4/9/2008





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2     AMENDMENT NO. ______. Amend House Bill 4822, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 5. The School Code is amended by changing Section
6 14-8.03 as follows:
7     (105 ILCS 5/14-8.03)  (from Ch. 122, par. 14-8.03)
8     Sec. 14-8.03. Transition goals, supports, and services.
9     (a) For purposes of this Section, "transition services"
10 means a coordinated set of activities for a child with a
11 disability that (i) is designed to be within a results-oriented
12 process that is focused on improving the academic and
13 functional achievement of the child with a disability to
14 facilitate the child's movement from school to post-school
15 activities, including post-secondary education, vocational
16 education, integrated employment (including supported



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1 employment), continuing and adult education, adult services,
2 independent living, or community participation; (ii) is based
3 on the individual child's needs, taking into account the
4 child's strengths, preferences, and interests; and (iii)
5 includes instruction, related services, community experiences,
6 the development of employment and other post-school adult
7 living objectives, and, if appropriate, acquisition of daily
8 living skills, benefits planning, work incentives education,
9 and the provision of a functional vocational evaluation.
10 Transition services for a child with a disability may be
11 special education, if provided as specially designed
12 instruction, or a related service if required to assist a child
13 with a disability to benefit from special education.
14     (a-5) Beginning no later than the first individualized
15 education plan (IEP) in effect when the student turns age 14
16 1/2 (or younger if determined appropriate by the IEP Team) and
17 updated annually thereafter, the IEP must include (i)
18 measurable post-secondary goals based upon age-appropriate
19 transition assessments and other information available
20 regarding the student that are related to training, education,
21 employment, and, where appropriate, independent living skills
22 and (ii) the transition services needed to assist the student
23 in reaching those goals, including courses of study. A school
24 district shall consider, and develop when needed, the
25 transition goals and supports for eligible students with
26 disabilities not later than the school year in which the



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1 student reaches age 14 1/2 at the individualized education plan
2 meeting and provide services as identified on the student's
3 individualized education plan. Transition goals shall be based
4 on appropriate evaluation procedures and information, take
5 into consideration the preferences of the student and his or
6 her parents or guardian, be outcome-oriented, and include
7 employment, post-secondary education, and community living
8 alternatives. Consideration of these goals shall result in the
9 clarification of a school district's responsibility to deliver
10 specific educational services such as vocational training and
11 community living skills instruction.
12     (b) Transition planning must be conducted as part of the
13 IEP process and must be governed by the procedures applicable
14 to the development, review, and revision of the IEP, including
15 notices to the parents and student, parent and student
16 participation, and annual review. To appropriately assess and
17 develop IEP transition goals and transition services for a
18 child with a disability plan for the student's transition
19 needs, additional participants individualized education plan
20 team members may be necessary and may be invited asked by the
21 school district, parent, or student to participate assist in
22 the transition planning process. Additional participants
23 individualized education plan team members may include without
24 limitation a representative from the Department of Human
25 Services or another State agency, a case coordinator, or
26 persons representing other public or community agencies or



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1 services, such as adult service providers or public community
2 colleges. The IEP individualized education plan shall identify
3 specify each person responsible for coordinating and
4 delivering transition services. If the IEP team determines that
5 the student requires transition services from a public or
6 private entity outside of the school district, the IEP team
7 shall identify potential outside resources, assign one or more
8 IEP team members to contact the appropriate outside entities,
9 make the necessary referrals, provide any information and
10 documents necessary to complete the referral, follow up with
11 the entity to ensure that the student has been successfully
12 linked to the entity, and monitor the student's progress to
13 determine if the student's IEP transition goals and benchmarks
14 are being met. The student's IEP shall indicate one or more
15 specific time periods during the school year when the IEP team
16 shall review the services provided by the outside entity and
17 the student's progress in such activities. The public school's
18 responsibility for delivering educational services does not
19 extend beyond the time the student leaves school or when the
20 student's eligibility ends due to age under this Article
21 student reaches age 21.
22     (c) A school district shall submit annually a summary of
23 each eligible student's IEP transition goals and transition
24 services needed supports resulting from the IEP Team
25 individualized education plan team meeting to the appropriate
26 local Transition Planning Committee. If students with



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1 disabilities who are ineligible for special education services
2 request transition services, local public school districts
3 shall assist those students by identifying post-secondary
4 school goals, delivering appropriate education services, and
5 coordinating with other agencies and services for assistance.
6     (d) Notwithstanding any other rulemaking authority that
7 may exist, neither the Governor nor any agency or agency head
8 under the jurisdiction of the Governor has any authority to
9 make or promulgate rules to implement or enforce the provisions
10 of this amendatory Act of the 95th General Assembly. If,
11 however, the Governor believes that rules are necessary to
12 implement or enforce the provisions of this amendatory Act of
13 the 95th General Assembly, the Governor may suggest rules to
14 the General Assembly by filing them with the Clerk of the House
15 and the Secretary of the Senate and by requesting that the
16 General Assembly authorize such rulemaking by law, enact those
17 suggested rules into law, or take any other appropriate action
18 in the General Assembly's discretion. Nothing contained in this
19 amendatory Act of the 95th General Assembly shall be
20 interpreted to grant rulemaking authority under any other
21 Illinois statute where such authority is not otherwise
22 explicitly given. For the purposes of this amendatory Act of
23 the 95th General Assembly, "rules" is given the meaning
24 contained in Section 1-70 of the Illinois Administrative
25 Procedure Act, and "agency" and "agency head" are given the
26 meanings contained in Sections 1-20 and 1-25 of the Illinois



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1 Administrative Procedure Act to the extent that such
2 definitions apply to agencies or agency heads under the
3 jurisdiction of the Governor.
4 (Source: P.A. 92-452, eff. 8-21-01.)
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".