Full Text of HB3586 101st General Assembly
HB3586 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3586 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/14-6.01 | from Ch. 122, par. 14-6.01 | 105 ILCS 5/14-8.02f | |
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Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, beginning with the 2019-2020 school year, the school district shall, in collaboration with its primary office overseeing special education policies, publish on the school district's publicly available website any proposed changes to its special education policies, which must be available at least 45 days before the adoption of that policy change. Provides that the school district must make the entirety of its special education Procedural Manual and any other guidance documents pertaining to special education publicly available, in print and on the school district's website, in both English and Spanish. With regard to individualized education program meetings, provides that no later than 5 school days before a child's individualized education program eligibility meeting or meeting to review a child's individualized education program, a school board or school personnel must provide the child's parent or guardian with copies of all relevant information collected about the child so that the parent or guardian may participate as a fully-informed team member of the meeting. Provides that the State Board of Education must (rather than may) create a telephone hotline to address concerns regarding the provision of special education services in a school district. Makes other changes. Effective July 1, 2019.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 14-6.01 and 14-8.02f as follows:
| 6 | | (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
| 7 | | Sec. 14-6.01. Powers and duties of school boards. School | 8 | | boards of
one or more school districts establishing and | 9 | | maintaining any of the
educational facilities described in this | 10 | | Article shall, in connection
therewith, exercise similar | 11 | | powers and duties as are prescribed by law
for the | 12 | | establishment, maintenance , and management of other recognized
| 13 | | educational facilities. Such school boards shall include only | 14 | | eligible
children in the program and shall comply with all the | 15 | | requirements of
this Article and all rules and regulations | 16 | | established by the State
Board of Education. Such school boards | 17 | | shall accept in part-time
attendance children with | 18 | | disabilities of the types
described in Sections
14-1.02 through | 19 | | 14-1.07 who are enrolled in nonpublic schools. A
request for | 20 | | part-time attendance must be submitted by a parent or
guardian | 21 | | of the child with a disability and may be made
only to those | 22 | | public
schools located in the district where the child | 23 | | attending the nonpublic
school resides; however, nothing in |
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| 1 | | this Section shall be construed as
prohibiting an agreement | 2 | | between the district where the child resides
and another public | 3 | | school district to provide special educational
services if such | 4 | | an arrangement is deemed more convenient and
economical. | 5 | | Special education and related services must be provided in | 6 | | accordance with the student's IEP no later than 10 school | 7 | | attendance days after notice is provided to the parents | 8 | | pursuant to Section 300.503 of Title 34 of the Code of Federal | 9 | | Regulations and implementing rules adopted by the State Board | 10 | | of Education. Transportation for students in part time | 11 | | attendance shall be
provided only if required in the child's | 12 | | individualized educational program
on the basis of the child's | 13 | | disabling condition or as the
special education
program | 14 | | location may require.
| 15 | | Beginning with the 2019-2020 school year, a school board | 16 | | shall post on its Internet website, if any, and incorporate | 17 | | into its student handbook or newsletter notice that students | 18 | | with disabilities who do not qualify for an individualized | 19 | | education program, as required by the federal Individuals with | 20 | | Disabilities Education Act and implementing provisions of this | 21 | | Code, may qualify for services under Section 504 of the federal | 22 | | Rehabilitation Act of 1973 if the child (i) has a physical or | 23 | | mental impairment that substantially limits one or more major | 24 | | life activities, (ii) has a record of a physical or mental | 25 | | impairment, or (iii) is regarded as having a physical or mental | 26 | | impairment. Such notice shall identify the location and
phone |
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| 1 | | number of the office or agent of the school district to whom
| 2 | | inquiries should be directed regarding the identification, | 3 | | assessment and
placement of such children.
| 4 | | For a school district organized under Article 34 only, | 5 | | beginning with the 2019-2020 school year, the school district | 6 | | shall, in collaboration with its primary office overseeing | 7 | | special education policies, publish on the school district's | 8 | | publicly available website any proposed changes to its special | 9 | | education policies, which must include any proposed policy | 10 | | changes made by the school district or school board. Any policy | 11 | | changes authorized by the school district's primary office | 12 | | overseeing special education policies or any other | 13 | | administrative office of the school district must be published | 14 | | on the school district's publicly available website no later | 15 | | than 45 days before the adoption of that policy change. Any | 16 | | policy changes authorized by the school board must be published | 17 | | on the school district's publicly available website no later | 18 | | than 30 days before the date of presentation to the school | 19 | | board for adoption. The school district's website must allow | 20 | | for virtual public comments on proposed special education | 21 | | policy changes that must be available from the date of the | 22 | | notification of the proposed policy change on the website until | 23 | | the date the policy change is adopted by the school district or | 24 | | until the date the policy change is presented to the school | 25 | | board for adoption. After the period for public comment is | 26 | | closed, the school district must maintain all public comments |
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| 1 | | for a period of not less than 2 years from the date the special | 2 | | education policy change is adopted. The school district must | 3 | | make those public comments available to the public upon | 4 | | request. The school board shall, at a minimum, advertise the | 5 | | notice of the policy change and availability for public comment | 6 | | on its website. | 7 | | School boards shall immediately provide upon request by any | 8 | | person
written materials and other information that indicates | 9 | | the specific
policies, procedures, rules and regulations | 10 | | regarding the identification,
evaluation or educational | 11 | | placement of children with
disabilities under Section
14-8.02 | 12 | | of the School Code. Such information shall include information
| 13 | | regarding all rights and entitlements of such children under | 14 | | this Code, and
of the opportunity to present complaints with | 15 | | respect to any matter
relating to educational placement of the | 16 | | student, or the provision of a
free appropriate public | 17 | | education and to have an impartial due process
hearing on the | 18 | | complaint. The notice shall inform the parents or guardian
in | 19 | | the parents' or guardian's native language, unless it is | 20 | | clearly not
feasible to do so, of their rights and all | 21 | | procedures available pursuant to
this Act and federal Public | 22 | | Law 94-142; it shall be the responsibility of
the State | 23 | | Superintendent to develop uniform notices setting forth the
| 24 | | procedures available under this Act and federal Public Law | 25 | | 94-142, as
amended, to be used by all school boards. The notice | 26 | | shall also inform the
parents or guardian of the availability |
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| 1 | | upon request of a list of free or
low-cost legal and other | 2 | | relevant services available locally to assist
parents or | 3 | | guardians in exercising rights or entitlements under this Code. | 4 | | For a school district organized under Article 34 only, the | 5 | | school district must make the entirety of its special education | 6 | | Procedural Manual and any other guidance documents pertaining | 7 | | to special education publicly available, in print and on the | 8 | | school district's website, in both English and Spanish. Upon | 9 | | request, the school district must make the Procedural Manual | 10 | | and other guidance documents available in print in any other | 11 | | language.
| 12 | | Any parent or guardian who is deaf, or does not normally | 13 | | communicate
using spoken English, who participates in a meeting | 14 | | with a representative
of a local educational agency for the | 15 | | purposes of developing an
individualized educational program | 16 | | shall be entitled to the services of
an interpreter.
| 17 | | No student with a disability or, in a school district | 18 | | organized under Article 34 of this Code, child with a learning | 19 | | disability may be denied promotion,
graduation or a general
| 20 | | diploma on the basis of failing a minimal competency test when | 21 | | such failure
can be directly related to the disabling
condition | 22 | | of the student. For the
purpose of this Act, "minimal | 23 | | competency testing" is defined as tests which
are constructed | 24 | | to measure the acquisition of skills to or beyond a certain
| 25 | | defined 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 pupil with a | 7 | | disability attaining the age of 14 1/2 years,
it shall be
the | 8 | | duty of the elementary school district in which the pupil | 9 | | resides to
notify the high school district in which the pupil | 10 | | resides of the pupil's
current eligibility for special | 11 | | education services, of the pupil's current
program, and of all | 12 | | evaluation data upon which the current program is
based. After | 13 | | an examination of that information the high school district
may | 14 | | accept the current placement and all subsequent timelines shall | 15 | | be
governed by the current individualized educational program; | 16 | | or 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. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16; | 22 | | 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18.)
| 23 | | (105 ILCS 5/14-8.02f) | 24 | | Sec. 14-8.02f. Individualized education program meeting | 25 | | protections ; municipality with 1,000,000 or more inhabitants . |
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| 1 | | (a) (Blank). This Section only applies to school districts | 2 | | organized under Article 34 of this Code. | 3 | | (b) This subsection applies only to a school district | 4 | | organized under Article 34. No later than 10 calendar days | 5 | | prior to a child's individualized education program meeting or | 6 | | as soon as possible if a meeting is scheduled within 10 | 7 | | calendar days with written parental consent, the school board | 8 | | or school personnel must provide the child's parent or guardian | 9 | | with a written notification of the services that require a | 10 | | specific data collection procedure from the school district for | 11 | | services related to the child's individualized education | 12 | | program. The notification must indicate, with a checkbox, | 13 | | whether specific data has been collected for the child's | 14 | | individualized education program services. For purposes of | 15 | | this subsection (b), individualized education program services | 16 | | must include, but are not limited to, paraprofessional support, | 17 | | an extended school year, transportation, therapeutic day | 18 | | school, and services for specific learning disabilities. | 19 | | (c) No later than 5 school days prior to a child's | 20 | | individualized education program eligibility meeting or | 21 | | meeting to review a child's individualized education program, | 22 | | or as soon as possible if an individualized education program | 23 | | meeting is scheduled within 5 school days with written parental | 24 | | or guardian consent, the school board or school personnel must | 25 | | provide the child's parent or guardian with copies of all | 26 | | relevant information collected about the child so that the |
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| 1 | | parent or guardian may participate as a fully-informed team | 2 | | member of the meeting. The relevant documentation must include, | 3 | | but is not limited to, all evaluations and collected data that | 4 | | will be considered at the meeting and, for a child who is | 5 | | already found to be eligible for an individualized education | 6 | | program, a draft copy of all individualized education program | 7 | | components that will be discussed by the individualized | 8 | | education program team, other than placement or services | 9 | | minutes. as soon as possible if a meeting is scheduled within 5 | 10 | | school days with written parental consent, the school board or | 11 | | school personnel must provide the child's parent or guardian | 12 | | with a draft individualized education program. The draft must | 13 | | contain all relevant information collected about the child and | 14 | | must include, but is not limited to, the program's goals, draft | 15 | | accommodations and modifications, copies of all conducted | 16 | | evaluations, and any collected data. | 17 | | (d) This subsection applies only to a school district | 18 | | organized under Article 34. The school district must make | 19 | | service logs that detail the type of services administered | 20 | | under a child's individualized education program and that | 21 | | minutes each type of service that has been administered | 22 | | available to the child's parent or guardian upon request. The | 23 | | school district must inform the child's parent or guardian of | 24 | | his or her ability to request those service logs at least once | 25 | | per school year. If a child's individualized education program | 26 | | team determines that certain services are required in order for |
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| 1 | | the child to receive a free, appropriate public education and | 2 | | those services are not implemented within 10 school days after | 3 | | the team's determination, then the school board shall provide | 4 | | the child's parent or guardian with written notification that | 5 | | those services have not yet been administered to the child. The | 6 | | notification must be provided to the child's parent or guardian | 7 | | within 5 school days of the individualized program team's | 8 | | determination and must include information on the parent's or | 9 | | guardian's ability to request compensatory services. In this | 10 | | subsection, "school days" does not include days where a child | 11 | | is absent from school for reasons unrelated to a lack of | 12 | | individualized education program services. | 13 | | (e) The State Board of Education must may create a | 14 | | telephone hotline to address concerns complaints regarding the | 15 | | provision of special education services in a school district or | 16 | | lack of special education services of a school district subject | 17 | | to this Section . The hotline If a hotline is created, it must | 18 | | be available to all children students enrolled or previously | 19 | | enrolled in a public school the school district , parents or | 20 | | guardians of those children students , and school personnel. | 21 | | Calls to the hotline may be made anonymously and no child If a | 22 | | hotline is created, any complaints received through the hotline | 23 | | must be registered and recorded with the State Board's monitor | 24 | | of special education policies. No student , parent or guardian, | 25 | | or member of school personnel may be retaliated against for | 26 | | submitting a concern complaint through a telephone hotline |
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| 1 | | created by the State Board under this subsection (e). The State | 2 | | Board shall maintain records of the concerns submitted under | 3 | | this subsection for no less than 2 years following the | 4 | | submission of a concern. Any concerns received through the | 5 | | hotline from a child enrolled or previously enrolled in a | 6 | | school district organized under Article 34, the parent or | 7 | | guardian of that child, or school personnel associated with | 8 | | that district must be registered and recorded with the State | 9 | | Board's monitor of special education policies during the period | 10 | | of time in which the monitor is in effect. | 11 | | (f) A school district subject to this Section may not use | 12 | | any measure that would prevent or delay an individualized | 13 | | education program team from adding a service to the program or | 14 | | create a time restriction in which a service is prohibited from | 15 | | being added to the program. The school district may not build | 16 | | functions into its computer software that would remove any | 17 | | services from a student's individualized education program | 18 | | without the approval of the program team and may not prohibit | 19 | | the program team from adding a service to the program.
| 20 | | (Source: P.A. 100-993, eff. 8-20-18.)
| 21 | | Section 99. Effective date. This Act takes effect July 1, | 22 | | 2019.
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