Full Text of HB3586 101st General Assembly
HB3586ham001 101ST GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/20/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3586
| 2 | | AMENDMENT NO. ______. Amend House Bill 3586 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | shall accept in part-time
attendance children with | 2 | | disabilities of the types
described in Sections
14-1.02 through | 3 | | 14-1.07 who are enrolled in nonpublic schools. A
request for | 4 | | part-time attendance must be submitted by a parent or
guardian | 5 | | of the child with a disability and may be made
only to those | 6 | | public
schools located in the district where the child | 7 | | attending the nonpublic
school resides; however, nothing in | 8 | | this Section shall be construed as
prohibiting an agreement | 9 | | between the district where the child resides
and another public | 10 | | school district to provide special educational
services if such | 11 | | an arrangement is deemed more convenient and
economical. | 12 | | Special education and related services must be provided in | 13 | | accordance with the student's IEP no later than 10 school | 14 | | attendance days after notice is provided to the parents | 15 | | pursuant to Section 300.503 of Title 34 of the Code of Federal | 16 | | Regulations and implementing rules adopted by the State Board | 17 | | of Education. Transportation for students in part time | 18 | | attendance shall be
provided only if required in the child's | 19 | | individualized educational program
on the basis of the child's | 20 | | disabling condition or as the
special education
program | 21 | | location may require.
| 22 | | Beginning with the 2019-2020 school year, a school board | 23 | | shall post on its Internet website, if any, and incorporate | 24 | | into its student handbook or newsletter notice that students | 25 | | with disabilities who do not qualify for an individualized | 26 | | education program, as required by the federal Individuals with |
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| 1 | | Disabilities Education Act and implementing provisions of this | 2 | | Code, may qualify for services under Section 504 of the federal | 3 | | Rehabilitation Act of 1973 if the child (i) has a physical or | 4 | | mental impairment that substantially limits one or more major | 5 | | life activities, (ii) has a record of a physical or mental | 6 | | impairment, or (iii) is regarded as having a physical or mental | 7 | | impairment. Such notice shall identify the location and
phone | 8 | | number of the office or agent of the school district to whom
| 9 | | inquiries should be directed regarding the identification, | 10 | | assessment and
placement of such children.
| 11 | | For a school district organized under Article 34 only, | 12 | | beginning with the 2019-2020 school year, the school district | 13 | | shall, in collaboration with its primary office overseeing | 14 | | special education, publish on the school district's publicly | 15 | | available website any proposed changes to its special education | 16 | | policies, directives, guidelines, or procedures that impact | 17 | | the provision of educational or related services to students | 18 | | with disabilities or the procedural safeguards afforded to | 19 | | students with disabilities or their parents or guardians made | 20 | | by the school district or school board. Any policy, directive, | 21 | | guideline, or procedural change that impacts those provisions | 22 | | or safeguards that is authorized by the school district's | 23 | | primary office overseeing special education or any other | 24 | | administrative office of the school district must be published | 25 | | on the school district's publicly available website no later | 26 | | than 45 days before the adoption of that change. Any policy |
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| 1 | | directive, guideline, or procedural change that impacts those | 2 | | provisions or safeguards that is authorized by the school board | 3 | | must be published on the school district's publicly available | 4 | | website no later than 30 days before the date of presentation | 5 | | to the school board for adoption. The school district's website | 6 | | must allow for virtual public comments on proposed special | 7 | | education policy, directive, guideline, or procedural changes | 8 | | that impact the provision of educational or related services to | 9 | | students with disabilities or the procedural safeguards | 10 | | afforded to students with disabilities or their parents or | 11 | | guardians from the date of the notification of the proposed | 12 | | change on the website until the date the change is adopted by | 13 | | the school district or until the date the change is presented | 14 | | to the school board for adoption. After the period for public | 15 | | comment is closed, the school district must maintain all public | 16 | | comments for a period of not less than 2 years from the date | 17 | | the special education change is adopted. The public comments | 18 | | are subject to the Freedom of Information Act. The school board | 19 | | shall, at a minimum, advertise the notice of the change and | 20 | | availability for public comment on its website. The State Board | 21 | | of Education may add additional reporting requirements for the | 22 | | district beyond policy, directive, guideline, or procedural | 23 | | changes that impact the provision of educational or related | 24 | | services to students with disabilities or the procedural | 25 | | safeguards afforded to students with disabilities or their | 26 | | parents or guardians if the State Board determines it is in the |
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| 1 | | best interest of the students enrolled in the district | 2 | | receiving special education services. | 3 | | School boards shall immediately provide upon request by any | 4 | | person
written materials and other information that indicates | 5 | | the specific
policies, procedures, rules and regulations | 6 | | regarding the identification,
evaluation or educational | 7 | | placement of children with
disabilities under Section
14-8.02 | 8 | | of the School Code. Such information shall include information
| 9 | | regarding all rights and entitlements of such children under | 10 | | this Code, and
of the opportunity to present complaints with | 11 | | respect to any matter
relating to educational placement of the | 12 | | student, or the provision of a
free appropriate public | 13 | | education and to have an impartial due process
hearing on the | 14 | | complaint. The notice shall inform the parents or guardian
in | 15 | | the parents' or guardian's native language, unless it is | 16 | | clearly not
feasible to do so, of their rights and all | 17 | | procedures available pursuant to
this Act and federal Public | 18 | | Law 94-142; it shall be the responsibility of
the State | 19 | | Superintendent to develop uniform notices setting forth the
| 20 | | procedures available under this Act and federal Public Law | 21 | | 94-142, as
amended, to be used by all school boards. The notice | 22 | | shall also inform the
parents or guardian of the availability | 23 | | upon request of a list of free or
low-cost legal and other | 24 | | relevant services available locally to assist
parents or | 25 | | guardians in exercising rights or entitlements under this Code. | 26 | | For a school district organized under Article 34 only, the |
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| 1 | | school district must make the entirety of its special education | 2 | | Procedural Manual and any other guidance documents pertaining | 3 | | to special education publicly available, in print and on the | 4 | | school district's website, in both English and Spanish. Upon | 5 | | request, the school district must make the Procedural Manual | 6 | | and other guidance documents available in print in any other | 7 | | language and accessible for individuals with disabilities.
| 8 | | Any parent or guardian who is deaf, or does not normally | 9 | | communicate
using spoken English, who participates in a meeting | 10 | | with a representative
of a local educational agency for the | 11 | | purposes of developing an
individualized educational program | 12 | | shall be entitled to the services of
an interpreter.
| 13 | | No student with a disability or, in a school district | 14 | | organized under Article 34 of this Code, child with a learning | 15 | | disability may be denied promotion,
graduation or a general
| 16 | | diploma on the basis of failing a minimal competency test when | 17 | | such failure
can be directly related to the disabling
condition | 18 | | of the student. For the
purpose of this Act, "minimal | 19 | | competency testing" is defined as tests which
are constructed | 20 | | to measure the acquisition of skills to or beyond a certain
| 21 | | defined standard.
| 22 | | Effective July 1, 1966, high school districts are | 23 | | financially
responsible for the education of pupils with | 24 | | disabilities who
are residents in their
districts when such | 25 | | pupils have reached age 15 but may admit
children with | 26 | | disabilities into special educational facilities without
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| 1 | | regard to graduation
from the eighth grade after such pupils | 2 | | have reached the age of 14 1/2 years.
Upon a pupil with a | 3 | | disability attaining the age of 14 1/2 years,
it shall be
the | 4 | | duty of the elementary school district in which the pupil | 5 | | resides to
notify the high school district in which the pupil | 6 | | resides of the pupil's
current eligibility for special | 7 | | education services, of the pupil's current
program, and of all | 8 | | evaluation data upon which the current program is
based. After | 9 | | an examination of that information the high school district
may | 10 | | accept the current placement and all subsequent timelines shall | 11 | | be
governed by the current individualized educational program; | 12 | | or the high
school district may elect to conduct its own | 13 | | evaluation and
multidisciplinary staff conference and | 14 | | formulate its own individualized
educational program, in which | 15 | | case the procedures and timelines contained
in Section 14-8.02 | 16 | | shall apply.
| 17 | | (Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16; | 18 | | 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18.)
| 19 | | (105 ILCS 5/14-8.02f) | 20 | | Sec. 14-8.02f. Individualized education program meeting | 21 | | protections ; municipality with 1,000,000 or more inhabitants . | 22 | | (a) (Blank). This Section only applies to school districts | 23 | | organized under Article 34 of this Code. | 24 | | (b) This subsection (b) applies only to a school district | 25 | | organized under Article 34. No later than 10 calendar days |
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| 1 | | prior to a child's individualized education program meeting or | 2 | | as soon as possible if a meeting is scheduled within 10 | 3 | | calendar days with written parental consent, the school board | 4 | | or school personnel must provide the child's parent or guardian | 5 | | with a written notification of the services that require a | 6 | | specific data collection procedure from the school district for | 7 | | services related to the child's individualized education | 8 | | program. The notification must indicate, with a checkbox, | 9 | | whether specific data has been collected for the child's | 10 | | individualized education program services. For purposes of | 11 | | this subsection (b), individualized education program services | 12 | | must include, but are not limited to, paraprofessional support, | 13 | | an extended school year, transportation, therapeutic day | 14 | | school, and services for specific learning disabilities. | 15 | | (c) No later than 5 school days prior to a child's | 16 | | individualized education program eligibility meeting or | 17 | | meeting to review a child's individualized education program, | 18 | | or as soon as possible if an individualized education program | 19 | | meeting is scheduled within 5 school days with written parental | 20 | | or guardian consent, the local education agency must provide | 21 | | the child's parent or guardian with copies of all relevant | 22 | | information collected about the child so that the parent or | 23 | | guardian may participate in the meeting as a fully-informed | 24 | | team member. The relevant documentation must include, but is | 25 | | not limited to, all evaluations and collected data that will be | 26 | | considered at the meeting and, for a child who is already found |
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| 1 | | to be eligible for an individualized education program, a draft | 2 | | copy of all individualized education program components that | 3 | | will be discussed by the individualized education program team, | 4 | | other than the educational and related service minutes proposed | 5 | | for the child and the child's educational placement. as soon as | 6 | | possible if a meeting is scheduled within 5 school days with | 7 | | written parental consent, the school board or school personnel | 8 | | must provide the child's parent or guardian with a draft | 9 | | individualized education program. The draft must contain all | 10 | | relevant information collected about the child and must | 11 | | include, but is not limited to, the program's goals, draft | 12 | | accommodations and modifications, copies of all conducted | 13 | | evaluations, and any collected data. | 14 | | (d) Local education agencies must make related service logs | 15 | | that record the type of related services administered under the | 16 | | child's individualized education program and the minutes of | 17 | | each type of related service that has been administered | 18 | | available to the child's parent or guardian at the annual | 19 | | review of the child's individualized education program and must | 20 | | also provide a copy of the related service logs at any time | 21 | | upon request of the child's parent or guardian. The local | 22 | | education agency must inform the child's parent or guardian | 23 | | within 20 school days from the beginning of the school year or | 24 | | upon establishment of an individualized education program of | 25 | | his or her ability to request those related service logs. If a | 26 | | child's individualized education program team determines that |
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| 1 | | certain services are required in order for the child to receive | 2 | | a free, appropriate public education and those services are not | 3 | | administered implemented within 10 school days after a date or | 4 | | frequency set forth by the child's individualized education | 5 | | program the team's determination , then the local education | 6 | | agency school board shall provide the child's parent or | 7 | | guardian with written notification that those services have not | 8 | | yet been administered to the child. The notification must be | 9 | | provided to the child's parent or guardian within 3 school days | 10 | | of the local education agency's non-compliance with the child's | 11 | | individualized education program and must include information | 12 | | on the parent's or guardian's ability to request compensatory | 13 | | services. In this subsection (d), "school days" does not | 14 | | include days where a child is absent from school for reasons | 15 | | unrelated to a lack of individualized education program | 16 | | services. | 17 | | (e) The State Board of Education may create a telephone | 18 | | hotline to address complaints regarding the special education | 19 | | services or lack of special education services of a school | 20 | | district subject to this Section. If a hotline is created, it | 21 | | must be available to all students enrolled in the school | 22 | | district, parents or guardians of those students, and school | 23 | | personnel. If a hotline is created, any complaints received | 24 | | through the hotline must be registered and recorded with the | 25 | | State Board's monitor of special education policies. No | 26 | | student, parent or guardian, or member of school personnel may |
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| 1 | | be retaliated against for submitting a complaint through a | 2 | | telephone hotline created by the State Board under this | 3 | | subsection (e). | 4 | | (f) A school district subject to this Section may not use | 5 | | any measure that would prevent or delay an individualized | 6 | | education program team from adding a service to the program or | 7 | | create a time restriction in which a service is prohibited from | 8 | | being added to the program. The school district may not build | 9 | | functions into its computer software that would remove any | 10 | | services from a student's individualized education program | 11 | | without the approval of the program team and may not prohibit | 12 | | the program team from adding a service to the program.
| 13 | | (Source: P.A. 100-993, eff. 8-20-18.) | 14 | | Section 10. The Illinois School Student Records Act is | 15 | | amended by changing Section 2 as follows:
| 16 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 17 | | Sec. 2.
As used in this Act,
| 18 | | (a) "Student" means any person enrolled or previously | 19 | | enrolled in a school.
| 20 | | (b) "School" means any public preschool, day care center,
| 21 | | kindergarten, nursery, elementary or secondary educational | 22 | | institution,
vocational school, special educational facility | 23 | | or any other elementary or
secondary educational agency or | 24 | | institution and any person, agency or
institution which |
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| 1 | | maintains school student records from more than one school,
but | 2 | | does not include a private or non-public school.
| 3 | | (c) "State Board" means the State Board of Education.
| 4 | | (d) "School Student Record" means any writing or
other | 5 | | recorded information concerning a student
and by which a | 6 | | student may be individually identified,
maintained by a school | 7 | | or at its direction or by an employee of a
school, regardless | 8 | | of how or where the information is stored.
The following shall | 9 | | not be deemed school student records under
this Act: writings | 10 | | or other recorded information maintained by an
employee of a | 11 | | school or other person at the direction of a school for his or
| 12 | | her exclusive use; provided that all such writings and other | 13 | | recorded
information are destroyed not later than the student's | 14 | | graduation or permanent
withdrawal from the school; and | 15 | | provided further that no such records or
recorded information | 16 | | may be released or disclosed to any person except a person
| 17 | | designated by the school as
a substitute unless they are first | 18 | | incorporated
in a school student record and made subject to all | 19 | | of the
provisions of this Act.
School student records shall not | 20 | | include information maintained by
law enforcement | 21 | | professionals working in the school.
| 22 | | (e) "Student Permanent Record" means the minimum personal
| 23 | | information necessary to a school in the education of the | 24 | | student
and contained in a school student record. Such | 25 | | information
may include the student's name, birth date, | 26 | | address, grades
and grade level, parents' names and addresses, |
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| 1 | | attendance
records, and such other entries as the State Board | 2 | | may
require or authorize.
| 3 | | (f) "Student Temporary Record" means all information | 4 | | contained in
a school student record but not contained in
the | 5 | | student permanent record. Such information may include
family | 6 | | background information, intelligence test scores, aptitude
| 7 | | test scores, psychological and personality test results, | 8 | | teacher
evaluations, and other information of clear relevance | 9 | | to the
education of the student, all subject to regulations of | 10 | | the State Board.
The information shall include information | 11 | | provided under Section 8.6 of the
Abused and Neglected Child | 12 | | Reporting Act and information contained in service logs | 13 | | maintained by a local education agency under subsection (d) of | 14 | | Section 14-8.02f of the School Code .
In addition, the student | 15 | | temporary record shall include information regarding
serious | 16 | | disciplinary infractions that resulted in expulsion, | 17 | | suspension, or the
imposition of punishment or sanction. For | 18 | | purposes of this provision, serious
disciplinary infractions | 19 | | means: infractions involving drugs, weapons, or bodily
harm to | 20 | | another.
| 21 | | (g) "Parent" means a person who is the natural parent of | 22 | | the
student or other person who has the primary responsibility | 23 | | for the
care and upbringing of the student. All rights and | 24 | | privileges accorded
to a parent under this Act shall become | 25 | | exclusively those of the student
upon his 18th birthday, | 26 | | graduation from secondary school, marriage
or entry into |
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| 1 | | military service, whichever occurs first. Such
rights and | 2 | | privileges may also be exercised by the student
at any time | 3 | | with respect to the student's permanent school record.
| 4 | | (Source: P.A. 92-295, eff. 1-1-02.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2019.".
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