Illinois General Assembly - Full Text of SB0454
Illinois General Assembly

Previous General Assemblies

Full Text of SB0454  100th General Assembly


Sen. David Koehler

Filed: 3/26/2018





10000SB0454sam001LRB100 04896 AXK 37385 a


2    AMENDMENT NO. ______. Amend Senate Bill 454 by replacing
3everything after the enacting clause with the following:
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



10000SB0454sam001- 2 -LRB100 04896 AXK 37385 a

1than English is used to determine their eligibility to receive
2special education. The placement of low English proficiency
3students in special education programs and facilities shall be
4made in accordance with the test results reflecting the
5student's linguistic, cultural and special education needs.
6For purposes of determining the eligibility of children the
7State Board of Education shall include in the rules definitions
8of "case study", "staff conference", "individualized
9educational program", and "qualified specialist" appropriate
10to each category of children with disabilities as defined in
11this Article. For purposes of determining the eligibility of
12children from homes in which a language other than English is
13used, the State Board of Education shall include in the rules
14definitions for "qualified bilingual specialists" and
15"linguistically and culturally appropriate individualized
16educational programs". For purposes of this Section, as well as
17Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
18"parent" means a parent as defined in the federal Individuals
19with Disabilities Education Act (20 U.S.C. 1401(23)).
20    (b) No child shall be eligible for special education
21facilities except with a carefully completed case study fully
22reviewed by professional personnel in a multidisciplinary
23staff conference and only upon the recommendation of qualified
24specialists or a qualified bilingual specialist, if available.
25At the conclusion of the multidisciplinary staff conference,
26the parent of the child shall be given a copy of the



10000SB0454sam001- 3 -LRB100 04896 AXK 37385 a

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



10000SB0454sam001- 4 -LRB100 04896 AXK 37385 a

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



10000SB0454sam001- 5 -LRB100 04896 AXK 37385 a

1the child if that is the decision resulting from the impartial
2due process hearing and the decision is not appealed or if the
3decision is affirmed on appeal. The determination of
4eligibility shall be made and the IEP meeting shall be
5completed within 60 school days from the date of written
6parental consent. In those instances when written parental
7consent is obtained with fewer than 60 pupil attendance days
8left in the school year, the eligibility determination shall be
9made and the IEP meeting shall be completed prior to the first
10day of the following school year. Special education and related
11services must be provided in accordance with the student's IEP
12no later than 10 school attendance days after notice is
13provided to the parents pursuant to Section 300.503 of Title 34
14of the Code of Federal Regulations and implementing rules
15adopted by the State Board of Education. The appropriate
16program pursuant to the individualized educational program of
17students whose native tongue is a language other than English
18shall reflect the special education, cultural and linguistic
19needs. No later than September 1, 1993, the State Board of
20Education shall establish standards for the development,
21implementation and monitoring of appropriate bilingual special
22individualized educational programs. The State Board of
23Education shall further incorporate appropriate monitoring
24procedures to verify implementation of these standards. The
25district shall indicate to the parent and the State Board of
26Education the nature of the services the child will receive for



10000SB0454sam001- 6 -LRB100 04896 AXK 37385 a

1the regular school term while waiting placement in the
2appropriate special education class. If the child's IEP team
3determines that the child does not require assistive technology
4services or devices, as defined under Section 1401 of the
5federal Individuals with Disabilities Education Act (20 U.S.C.
61401), the team shall include a statement in the child's IEP
7that informs the child's parent or guardian of the decision and
8the basis for the decision.
9    If the child is deaf, hard of hearing, blind, or visually
10impaired and he or she might be eligible to receive services
11from the Illinois School for the Deaf or the Illinois School
12for the Visually Impaired, the school district shall notify the
13parents, in writing, of the existence of these schools and the
14services they provide and shall make a reasonable effort to
15inform the parents of the existence of other, local schools
16that provide similar services and the services that these other
17schools provide. This notification shall include without
18limitation information on school services, school admissions
19criteria, and school contact information.
20    In the development of the individualized education program
21for a student who has a disability on the autism spectrum
22(which includes autistic disorder, Asperger's disorder,
23pervasive developmental disorder not otherwise specified,
24childhood disintegrative disorder, and Rett Syndrome, as
25defined in the Diagnostic and Statistical Manual of Mental
26Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall



10000SB0454sam001- 7 -LRB100 04896 AXK 37385 a

1consider all of the following factors:
2        (1) The verbal and nonverbal communication needs of the
3    child.
4        (2) The need to develop social interaction skills and
5    proficiencies.
6        (3) The needs resulting from the child's unusual
7    responses to sensory experiences.
8        (4) The needs resulting from resistance to
9    environmental change or change in daily routines.
10        (5) The needs resulting from engagement in repetitive
11    activities and stereotyped movements.
12        (6) The need for any positive behavioral
13    interventions, strategies, and supports to address any
14    behavioral difficulties resulting from autism spectrum
15    disorder.
16        (7) Other needs resulting from the child's disability
17    that impact progress in the general curriculum, including
18    social and emotional development.
19Public Act 95-257 does not create any new entitlement to a
20service, program, or benefit, but must not affect any
21entitlement to a service, program, or benefit created by any
22other law.
23    If the student may be eligible to participate in the
24Home-Based Support Services Program for Adults with Mental
25Disabilities authorized under the Developmental Disability and
26Mental Disability Services Act upon becoming an adult, the



10000SB0454sam001- 8 -LRB100 04896 AXK 37385 a

1student's individualized education program shall include plans
2for (i) determining the student's eligibility for those
3home-based services, (ii) enrolling the student in the program
4of home-based services, and (iii) developing a plan for the
5student's most effective use of the home-based services after
6the student becomes an adult and no longer receives special
7educational services under this Article. The plans developed
8under this paragraph shall include specific actions to be taken
9by specified individuals, agencies, or officials.
10    (c) In the development of the individualized education
11program for a student who is functionally blind, it shall be
12presumed that proficiency in Braille reading and writing is
13essential for the student's satisfactory educational progress.
14For purposes of this subsection, the State Board of Education
15shall determine the criteria for a student to be classified as
16functionally blind. Students who are not currently identified
17as functionally blind who are also entitled to Braille
18instruction include: (i) those whose vision loss is so severe
19that they are unable to read and write at a level comparable to
20their peers solely through the use of vision, and (ii) those
21who show evidence of progressive vision loss that may result in
22functional blindness. Each student who is functionally blind
23shall be entitled to Braille reading and writing instruction
24that is sufficient to enable the student to communicate with
25the same level of proficiency as other students of comparable
26ability. Instruction should be provided to the extent that the



10000SB0454sam001- 9 -LRB100 04896 AXK 37385 a

1student is physically and cognitively able to use Braille.
2Braille instruction may be used in combination with other
3special education services appropriate to the student's
4educational needs. The assessment of each student who is
5functionally blind for the purpose of developing the student's
6individualized education program shall include documentation
7of the student's strengths and weaknesses in Braille skills.
8Each person assisting in the development of the individualized
9education program for a student who is functionally blind shall
10receive information describing the benefits of Braille
11instruction. The individualized education program for each
12student who is functionally blind shall specify the appropriate
13learning medium or media based on the assessment report.
14    (d) To the maximum extent appropriate, the placement shall
15provide the child with the opportunity to be educated with
16children who do not have a disability; provided that children
17with disabilities who are recommended to be placed into regular
18education classrooms are provided with supplementary services
19to assist the children with disabilities to benefit from the
20regular classroom instruction and are included on the teacher's
21regular education class register. Subject to the limitation of
22the preceding sentence, placement in special classes, separate
23schools or other removal of the child with a disability from
24the regular educational environment shall occur only when the
25nature of the severity of the disability is such that education
26in the regular classes with the use of supplementary aids and



10000SB0454sam001- 10 -LRB100 04896 AXK 37385 a

1services cannot be achieved satisfactorily. The placement of
2English learners with disabilities shall be in non-restrictive
3environments which provide for integration with peers who do
4not have disabilities in bilingual classrooms. Annually, each
5January, school districts shall report data on students from
6non-English speaking backgrounds receiving special education
7and related services in public and private facilities as
8prescribed in Section 2-3.30. If there is a disagreement
9between parties involved regarding the special education
10placement of any child, either in-state or out-of-state, the
11placement is subject to impartial due process procedures
12described in Article 10 of the Rules and Regulations to Govern
13the Administration and Operation of Special Education.
14    (e) No child who comes from a home in which a language
15other than English is the principal language used may be
16assigned to any class or program under this Article until he
17has been given, in the principal language used by the child and
18used in his home, tests reasonably related to his cultural
19environment. All testing and evaluation materials and
20procedures utilized for evaluation and placement shall not be
21linguistically, racially or culturally discriminatory.
22    (f) Nothing in this Article shall be construed to require
23any child to undergo any physical examination or medical
24treatment whose parents object thereto on the grounds that such
25examination or treatment conflicts with his religious beliefs.
26    (g) School boards or their designee shall provide to the



10000SB0454sam001- 11 -LRB100 04896 AXK 37385 a

1parents of a child prior written notice of any decision (a)
2proposing to initiate or change, or (b) refusing to initiate or
3change, the identification, evaluation, or educational
4placement of the child or the provision of a free appropriate
5public education to their child, and the reasons therefor. Such
6written notification shall also inform the parent of the
7opportunity to present complaints with respect to any matter
8relating to the educational placement of the student, or the
9provision of a free appropriate public education and to have an
10impartial due process hearing on the complaint. The notice
11shall inform the parents in the parents' native language,
12unless it is clearly not feasible to do so, of their rights and
13all procedures available pursuant to this Act and the federal
14Individuals with Disabilities Education Improvement Act of
152004 (Public Law 108-446); it shall be the responsibility of
16the State Superintendent to develop uniform notices setting
17forth the procedures available under this Act and the federal
18Individuals with Disabilities Education Improvement Act of
192004 (Public Law 108-446) to be used by all school boards. The
20notice shall also inform the parents of the availability upon
21request of a list of free or low-cost legal and other relevant
22services available locally to assist parents in initiating an
23impartial due process hearing. The State Superintendent shall
24revise the uniform notices required by this subsection (g) to
25reflect current law and procedures at least once every 2 years.
26Any parent who is deaf, or does not normally communicate using



10000SB0454sam001- 12 -LRB100 04896 AXK 37385 a

1spoken English, who participates in a meeting with a
2representative of a local educational agency for the purposes
3of developing an individualized educational program shall be
4entitled to the services of an interpreter.
5    (g-5) For purposes of this subsection (g-5), "qualified
6professional" means an individual who holds credentials to
7evaluate the child in the domain or domains for which an
8evaluation is sought or an intern working under the direct
9supervision of a qualified professional, including a master's
10or doctoral degree candidate.
11    To ensure that a parent can participate fully and
12effectively with school personnel in the development of
13appropriate educational and related services for his or her
14child, the parent, an independent educational evaluator, or a
15qualified professional retained by or on behalf of a parent or
16child must be afforded reasonable access to educational
17facilities, personnel, classrooms, and buildings and to the
18child as provided in this subsection (g-5). The requirements of
19this subsection (g-5) apply to any public school facility,
20building, or program and to any facility, building, or program
21supported in whole or in part by public funds. Prior to
22visiting a school, school building, or school facility, the
23parent, independent educational evaluator, or qualified
24professional may be required by the school district to inform
25the building principal or supervisor in writing of the proposed
26visit, the purpose of the visit, and the approximate duration



10000SB0454sam001- 13 -LRB100 04896 AXK 37385 a

1of the visit. The visitor and the school district shall arrange
2the visit or visits at times that are mutually agreeable.
3Visitors shall comply with school safety, security, and
4visitation policies at all times. School district visitation
5policies must not conflict with this subsection (g-5). Visitors
6shall be required to comply with the requirements of applicable
7privacy laws, including those laws protecting the
8confidentiality of education records such as the federal Family
9Educational Rights and Privacy Act and the Illinois School
10Student Records Act. The visitor shall not disrupt the
11educational process.
12        (1) A parent must be afforded reasonable access of
13    sufficient duration and scope for the purpose of observing
14    his or her child in the child's current educational
15    placement, services, or program or for the purpose of
16    visiting an educational placement or program proposed for
17    the child.
18        (2) An independent educational evaluator or a
19    qualified professional retained by or on behalf of a parent
20    or child must be afforded reasonable access of sufficient
21    duration and scope for the purpose of conducting an
22    evaluation of the child, the child's performance, the
23    child's current educational program, placement, services,
24    or environment, or any educational program, placement,
25    services, or environment proposed for the child, including
26    interviews of educational personnel, child observations,



10000SB0454sam001- 14 -LRB100 04896 AXK 37385 a

1    assessments, tests or assessments of the child's
2    educational program, services, or placement or of any
3    proposed educational program, services, or placement. If
4    one or more interviews of school personnel are part of the
5    evaluation, the interviews must be conducted at a mutually
6    agreed upon time, date, and place that do not interfere
7    with the school employee's school duties. The school
8    district may limit interviews to personnel having
9    information relevant to the child's current educational
10    services, program, or placement or to a proposed
11    educational service, program, or placement.
12    (h) (Blank).
13    (i) (Blank).
14    (j) (Blank).
15    (k) (Blank).
16    (l) (Blank).
17    (m) (Blank).
18    (n) (Blank).
19    (o) (Blank).
20(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
2199-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".