Full Text of HB0287 97th General Assembly
HB0287ham001 97TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 287
| 2 | | AMENDMENT NO. ______. Amend House Bill 287 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-20.9a and 14-6.01 and by adding Sections 10-20.53 and | 6 | | 34-18.45 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 | 10 | | or other approved means of evaluating pupil progress. The
| 11 | | teacher shall maintain the responsibility and right to | 12 | | determine grades and
other evaluations of students within the | 13 | | grading policies of the district
based upon his or her | 14 | | professional judgment of available criteria pertinent
to any | 15 | | given subject area or activity for which he or she is | 16 | | responsible.
District policy shall provide the procedure and |
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| 1 | | reasons by and for which
a grade may be changed; provided that | 2 | | no grade or evaluation shall be
changed without notification to | 3 | | the teacher concerning the nature and
reasons for such change. | 4 | | If such a change is made, the person
making
the change shall | 5 | | assume such responsibility for determining the grade or
| 6 | | evaluation, and shall initial such change.
| 7 | | (b) School districts shall not promote students to the next
| 8 | | higher grade level based upon age or any other social reasons | 9 | | not related to
the academic performance of the students. On or | 10 | | before September 1, 1998,
school boards shall adopt and enforce | 11 | | a policy on promotion as they deem necessary to ensure that | 12 | | students
meet
local goals and objectives and can perform at the | 13 | | expected grade level prior to
promotion.
Decisions to promote | 14 | | or retain students in any classes shall be based on
successful | 15 | | completion of the curriculum, attendance, performance based on
| 16 | | Illinois Goals and Assessment Program tests, the Iowa Test of | 17 | | Basic Skills, or
other testing or any other criteria | 18 | | established by the school board. Students
determined by the | 19 | | local district to not qualify for promotion to the next
higher | 20 | | grade shall be provided remedial assistance, which may include, | 21 | | but
shall not be limited to, a summer bridge program of no less | 22 | | than 90 hours,
tutorial sessions, increased or concentrated | 23 | | instructional time, modifications
to instructional materials, | 24 | | and retention in grade , subject to Section 10-20.53 of this | 25 | | Code .
| 26 | | (Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
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| 1 | | (105 ILCS 5/10-20.53 new) | 2 | | Sec. 10-20.53. Committee on the retention of students. | 3 | | (a) A school board may create a committee on the retention | 4 | | of students. The committee shall consist of the district | 5 | | superintendent or his or her designee, a district administrator | 6 | | who directs student instruction and curriculum, a principal | 7 | | from a school of the district, and a teacher from a school of | 8 | | the district. | 9 | | (b) Prior to retention in a grade, a school may submit, by | 10 | | a date as set by the committee on the retention of students, | 11 | | the names of all students determined by the school to not | 12 | | qualify for promotion to the next higher grade and the reason | 13 | | for that determination. The committee shall review the school's | 14 | | decision to retain with respect to each student and shall make | 15 | | a final decision regarding whether or not to retain a | 16 | | particular student. The committee shall take into | 17 | | consideration the performance evaluation of the student's | 18 | | teacher or teachers pursuant to Article 24A of this Code. The | 19 | | committee may vote to prohibit the school district from | 20 | | retaining the student if the committee determines that the | 21 | | student is being retained due to inadequate instruction, | 22 | | resources, or facilities provided by the school district or due | 23 | | to the student having an undiagnosed learning disability.
| 24 | | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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| 1 | | Sec. 14-6.01. Powers and duties of school boards. School | 2 | | boards of
one or more school districts establishing and | 3 | | maintaining any of the
educational facilities described in this | 4 | | Article shall, in connection
therewith, exercise similar | 5 | | powers and duties as are prescribed by law
for the | 6 | | establishment, maintenance and management of other recognized
| 7 | | educational facilities. Such school boards shall include only | 8 | | eligible
children in the program and shall comply with all the | 9 | | requirements of
this Article and all rules and regulations | 10 | | established by the State
Board of Education. Such school boards | 11 | | shall accept in part-time
attendance children with | 12 | | disabilities of the types
described in Sections
14-1.02 through | 13 | | 14-1.07 who are enrolled in nonpublic schools. A
request for | 14 | | part-time attendance must be submitted by a parent or
guardian | 15 | | of the disabled child and may be made
only to those public
| 16 | | schools located in the district where the child attending the | 17 | | nonpublic
school resides; however, nothing in this Section | 18 | | shall be construed as
prohibiting an agreement between the | 19 | | district where the child resides
and another public school | 20 | | district to provide special educational
services if such an | 21 | | arrangement is deemed more convenient and
economical. Special | 22 | | educational services shall be provided to such
students as soon | 23 | | as possible after the identification, evaluation and
placement | 24 | | procedures provided in Section 14-8.02, but no later than the
| 25 | | beginning of the next school semester following the completion | 26 | | of such
procedures. Transportation for students in part time |
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| 1 | | attendance shall be
provided only if required in the child's | 2 | | individualized educational program
on the basis of the child's | 3 | | disabling condition or as the
special education
program | 4 | | location may require.
| 5 | | A school board shall publish a public notice in its | 6 | | newsletter of
general circulation or in the newsletter of | 7 | | another governmental entity of
general circulation in the | 8 | | district or if neither is available in the
district, then in a | 9 | | newspaper of general circulation in the district, the
right of | 10 | | all children with disabilities to a free
appropriate public | 11 | | education
as provided under this Code. Such notice shall | 12 | | identify the location and
phone number of the office or agent | 13 | | of the school district to whom
inquiries should be directed | 14 | | regarding the identification, assessment and
placement of such | 15 | | children.
| 16 | | School boards shall immediately provide upon request by any | 17 | | person
written materials and other information that indicates | 18 | | the specific
policies, procedures, rules and regulations | 19 | | regarding the identification,
evaluation or educational | 20 | | placement of children with
disabilities under Section
14-8.02 | 21 | | of the School Code. Such information shall include information
| 22 | | regarding all rights and entitlements of such children under | 23 | | this Code, and
of the opportunity to present complaints with | 24 | | respect to any matter
relating to educational placement of the | 25 | | student, or the provision of a
free appropriate public | 26 | | education and to have an impartial due process
hearing on the |
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| 1 | | complaint. The notice shall inform the parents or guardian
in | 2 | | the parents' or guardian's native language, unless it is | 3 | | clearly not
feasible to do so, of their rights and all | 4 | | procedures available pursuant to
this Act and federal Public | 5 | | Law 94-142; it shall be the responsibility of
the State | 6 | | Superintendent to develop uniform notices setting forth the
| 7 | | procedures available under this Act and federal Public Law | 8 | | 94-142, as
amended, to be used by all school boards. The notice | 9 | | shall also inform the
parents or guardian of the availability | 10 | | upon request of a list of free or
low-cost legal and other | 11 | | relevant services available locally to assist
parents or | 12 | | guardians in exercising rights or entitlements under this Code.
| 13 | | Any parent or guardian who is deaf, or does not normally | 14 | | communicate
using spoken English, who participates in a meeting | 15 | | with a representative
of a local educational agency for the | 16 | | purposes of developing an
individualized educational program | 17 | | shall be entitled to the services of
an interpreter.
| 18 | | No disabled student or child with a learning disability may | 19 | | be denied promotion,
graduation or a general
diploma on the | 20 | | basis of failing a minimal competency test when such failure
| 21 | | can be directly related to the disabling
condition of the | 22 | | student. For the
purpose of this Act, "minimal competency | 23 | | testing" is defined as tests which
are constructed to measure | 24 | | the acquisition of skills to or beyond a certain
defined | 25 | | standard.
| 26 | | Effective July 1, 1966, high school districts are |
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| 1 | | financially
responsible for the education of pupils with | 2 | | disabilities who
are residents in their
districts when such | 3 | | pupils have reached age 15 but may admit
children with | 4 | | disabilities into special educational facilities without
| 5 | | regard to graduation
from the eighth grade after such pupils | 6 | | have reached the age of 14 1/2 years.
Upon a disabled pupil's | 7 | | attaining the age of 14 1/2 years,
it shall be
the duty of the | 8 | | elementary school district in which the pupil resides to
notify | 9 | | the high school district in which the pupil resides of the | 10 | | pupil's
current eligibility for special education services, of | 11 | | the pupil's current
program, and of all evaluation data upon | 12 | | which the current program is
based. After an examination of | 13 | | that information the high school district
may accept the | 14 | | current placement and all subsequent timelines shall be
| 15 | | governed by the current individualized educational program; or | 16 | | the high
school district may elect to conduct its own | 17 | | evaluation and
multidisciplinary staff conference and | 18 | | formulate its own individualized
educational program, in which | 19 | | case the procedures and timelines contained
in Section 14-8.02 | 20 | | shall apply.
| 21 | | (Source: P.A. 89-397, eff. 8-20-95.)
| 22 | | (105 ILCS 5/34-18.45 new) | 23 | | Sec. 34-18.45. Committee on the retention of students. | 24 | | (a) The board may create a committee on the retention of | 25 | | students. The committee shall consist of the general |
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| 1 | | superintendent of schools or his or her designee, a district | 2 | | administrator who directs student instruction and curriculum, | 3 | | a principal from a school of the district, and a teacher from a | 4 | | school of the district. | 5 | | (b) Prior to retention in a grade, a school may submit, by | 6 | | a date as set by the committee on the retention of students, | 7 | | the names of all students determined by the school to not | 8 | | qualify for promotion to the next higher grade and the reason | 9 | | for that determination. The committee shall review the school's | 10 | | decision to retain with respect to each student and shall make | 11 | | a final decision regarding whether or not to retain a | 12 | | particular student. The committee shall take into | 13 | | consideration the performance evaluation of the student's | 14 | | teacher or teachers pursuant to Article 24A of this Code. The | 15 | | committee may vote to prohibit the school district from | 16 | | retaining the student if the committee determines that the | 17 | | student is being retained due to inadequate instruction, | 18 | | resources, or facilities provided by the school district or due | 19 | | to the student having an undiagnosed learning disability.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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