Full Text of HB5214 102nd General Assembly
HB5214eng 102ND GENERAL ASSEMBLY |
| | HB5214 Engrossed | | LRB102 23868 CMG 33061 b |
|
| 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 Section | 5 | | 14-8.02 as follows:
| 6 | | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 7 | | (Text of Section before amendment by P.A. 102-199 ) | 8 | | Sec. 14-8.02. Identification, evaluation, and placement of | 9 | | children.
| 10 | | (a) The State Board of Education shall make rules under | 11 | | which local school
boards shall determine the eligibility of | 12 | | children to receive special
education. Such rules shall ensure | 13 | | that a free appropriate public
education be available to all | 14 | | children with disabilities as
defined in
Section 14-1.02. The | 15 | | State Board of Education shall require local school
districts | 16 | | to administer non-discriminatory procedures or tests to
| 17 | | English learners coming from homes in which a language
other | 18 | | than English is used to determine their eligibility to receive | 19 | | special
education. The placement of low English proficiency | 20 | | students in special
education programs and facilities shall be | 21 | | made in accordance with the test
results reflecting the | 22 | | student's linguistic, cultural and special education
needs. | 23 | | For purposes of determining the eligibility of children the |
| | | HB5214 Engrossed | - 2 - | LRB102 23868 CMG 33061 b |
|
| 1 | | State
Board of Education shall include in the rules | 2 | | definitions of "case study",
"staff conference", | 3 | | "individualized educational program", and "qualified
| 4 | | specialist" appropriate to each category of children with
| 5 | | disabilities as defined in
this Article. For purposes of | 6 | | determining the eligibility of children from
homes in which a | 7 | | language other than English is used, the State Board of
| 8 | | Education shall include in the rules
definitions for | 9 | | "qualified bilingual specialists" and "linguistically and
| 10 | | culturally appropriate individualized educational programs". | 11 | | For purposes of this
Section, as well as Sections 14-8.02a, | 12 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | 13 | | as defined in the federal Individuals with Disabilities | 14 | | Education Act (20 U.S.C. 1401(23)).
| 15 | | (b) No child shall be eligible for special education | 16 | | facilities except
with a carefully completed case study fully | 17 | | reviewed by professional
personnel in a multidisciplinary | 18 | | staff conference and only upon the
recommendation of qualified | 19 | | specialists or a qualified bilingual specialist, if
available. | 20 | | At the conclusion of the multidisciplinary staff conference, | 21 | | the
parent of the child shall be given a copy of the | 22 | | multidisciplinary
conference summary report and | 23 | | recommendations, which includes options
considered, and be | 24 | | informed of his or her right to obtain an independent | 25 | | educational
evaluation if he or she disagrees with the | 26 | | evaluation findings conducted or obtained
by the school |
| | | HB5214 Engrossed | - 3 - | LRB102 23868 CMG 33061 b |
|
| 1 | | district. If the school district's evaluation is shown to be
| 2 | | inappropriate, the school district shall reimburse the parent | 3 | | for the cost of
the independent evaluation. The State Board of | 4 | | Education shall, with advice
from the State Advisory Council | 5 | | on Education of Children with
Disabilities on the
inclusion of | 6 | | specific independent educational evaluators, prepare a list of
| 7 | | suggested independent educational evaluators. The State Board | 8 | | of Education
shall include on the list clinical psychologists | 9 | | licensed pursuant to the
Clinical Psychologist Licensing Act. | 10 | | Such psychologists shall not be paid fees
in excess of the | 11 | | amount that would be received by a school psychologist for
| 12 | | performing the same services. The State Board of Education | 13 | | shall supply school
districts with such list and make the list | 14 | | available to parents at their
request. School districts shall | 15 | | make the list available to parents at the time
they are | 16 | | informed of their right to obtain an independent educational
| 17 | | evaluation. However, the school district may initiate an | 18 | | impartial
due process hearing under this Section within 5 days | 19 | | of any written parent
request for an independent educational | 20 | | evaluation to show that
its evaluation is appropriate. If the | 21 | | final decision is that the evaluation
is appropriate, the | 22 | | parent still has a right to an independent educational
| 23 | | evaluation, but not at public expense. An independent | 24 | | educational
evaluation at public expense must be completed | 25 | | within 30 days of a parent
written request unless the school | 26 | | district initiates an
impartial due process hearing or the |
| | | HB5214 Engrossed | - 4 - | LRB102 23868 CMG 33061 b |
|
| 1 | | parent or school district
offers reasonable grounds to show | 2 | | that such 30-day time period should be
extended. If the due | 3 | | process hearing decision indicates that the parent is entitled | 4 | | to an independent educational evaluation, it must be
completed | 5 | | within 30 days of the decision unless the parent or
the school | 6 | | district offers reasonable grounds to show that such 30-day
| 7 | | period should be extended. If a parent disagrees with the | 8 | | summary report or
recommendations of the multidisciplinary | 9 | | conference or the findings of any
educational evaluation which | 10 | | results therefrom, the school
district shall not proceed with | 11 | | a placement based upon such evaluation and
the child shall | 12 | | remain in his or her regular classroom setting.
No child shall | 13 | | be eligible for admission to a
special class for children with | 14 | | a mental disability who are educable or for children with a | 15 | | mental disability who are trainable except with a | 16 | | psychological evaluation
and
recommendation by a school | 17 | | psychologist. Consent shall be obtained from
the parent of a | 18 | | child before any evaluation is conducted.
If consent is not | 19 | | given by the parent or if the parent disagrees with the | 20 | | findings of the evaluation, then the school
district may | 21 | | initiate an impartial due process hearing under this Section.
| 22 | | The school district may evaluate the child if that is the | 23 | | decision
resulting from the impartial due process hearing and | 24 | | the decision is not
appealed or if the decision is affirmed on | 25 | | appeal.
The determination of eligibility shall be made and the | 26 | | IEP meeting shall be completed within 60 school days
from the |
| | | HB5214 Engrossed | - 5 - | LRB102 23868 CMG 33061 b |
|
| 1 | | date of written parental consent. In those instances when | 2 | | written parental consent is obtained with fewer than 60 pupil | 3 | | attendance days left in the school year,
the eligibility | 4 | | determination shall be made and the IEP meeting shall be | 5 | | completed prior to the first day of the
following school year. | 6 | | Special education and related services must be provided in | 7 | | accordance with the student's IEP no later than 10 school | 8 | | attendance days after notice is provided to the parents | 9 | | pursuant to Section 300.503 of Title 34 of the Code of Federal | 10 | | Regulations and implementing rules adopted by the State Board | 11 | | of Education. The appropriate
program pursuant to the | 12 | | individualized educational program of students
whose native | 13 | | tongue is a language other than English shall reflect the
| 14 | | special education, cultural and linguistic needs. No later | 15 | | than September
1, 1993, the State Board of Education shall | 16 | | establish standards for the
development, implementation and | 17 | | monitoring of appropriate bilingual special
individualized | 18 | | educational programs. The State Board of Education shall
| 19 | | further incorporate appropriate monitoring procedures to | 20 | | verify implementation
of these standards. The district shall | 21 | | indicate to the parent and
the State Board of Education the | 22 | | nature of the services the child will receive
for the regular | 23 | | school term while awaiting waiting placement in the | 24 | | appropriate special
education class. At the child's initial | 25 | | IEP meeting and at each annual review meeting, the child's IEP | 26 | | team shall provide the child's parent or guardian with a |
| | | HB5214 Engrossed | - 6 - | LRB102 23868 CMG 33061 b |
|
| 1 | | written notification that informs the parent or guardian that | 2 | | the IEP team is required to consider whether the child | 3 | | requires assistive technology in order to receive free, | 4 | | appropriate public education. The notification must also | 5 | | include a toll-free telephone number and internet address for | 6 | | the State's assistive technology program.
| 7 | | If the child is deaf, hard of hearing, blind, or visually | 8 | | impaired or has an orthopedic impairment or physical | 9 | | disability and
he or she might be eligible to receive services | 10 | | from the Illinois School for
the Deaf, the Illinois School for | 11 | | the Visually Impaired, or the Illinois Center for | 12 | | Rehabilitation and Education-Roosevelt, the school
district | 13 | | shall notify the parents, in writing, of the existence of
| 14 | | these schools
and the services
they provide and shall make a | 15 | | reasonable effort to inform the parents of the existence of | 16 | | other, local schools that provide similar services and the | 17 | | services that these other schools provide. This notification
| 18 | | shall
include without limitation information on school | 19 | | services, school
admissions criteria, and school contact | 20 | | information.
| 21 | | In the development of the individualized education program | 22 | | for a student who has a disability on the autism spectrum | 23 | | (which includes autistic disorder, Asperger's disorder, | 24 | | pervasive developmental disorder not otherwise specified, | 25 | | childhood disintegrative disorder, and Rett Syndrome, as | 26 | | defined in the Diagnostic and Statistical Manual of Mental |
| | | HB5214 Engrossed | - 7 - | LRB102 23868 CMG 33061 b |
|
| 1 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 2 | | consider all of the following factors: | 3 | | (1) The verbal and nonverbal communication needs of | 4 | | the child. | 5 | | (2) The need to develop social interaction skills and | 6 | | proficiencies. | 7 | | (3) The needs resulting from the child's unusual | 8 | | responses to sensory experiences. | 9 | | (4) The needs resulting from resistance to | 10 | | environmental change or change in daily routines. | 11 | | (5) The needs resulting from engagement in repetitive | 12 | | activities and stereotyped movements. | 13 | | (6) The need for any positive behavioral | 14 | | interventions, strategies, and supports to address any | 15 | | behavioral difficulties resulting from autism spectrum | 16 | | disorder. | 17 | | (7) Other needs resulting from the child's disability | 18 | | that impact progress in the general curriculum, including | 19 | | social and emotional development. | 20 | | Public Act 95-257
does not create any new entitlement to a | 21 | | service, program, or benefit, but must not affect any | 22 | | entitlement to a service, program, or benefit created by any | 23 | | other law.
| 24 | | If the student may be eligible to participate in the | 25 | | Home-Based Support
Services Program for Adults with Mental | 26 | | Disabilities authorized under the
Developmental Disability and |
| | | HB5214 Engrossed | - 8 - | LRB102 23868 CMG 33061 b |
|
| 1 | | Mental Disability Services Act upon becoming an
adult, the | 2 | | student's individualized education program shall include plans | 3 | | for
(i) determining the student's eligibility for those | 4 | | home-based services, (ii)
enrolling the student in the program | 5 | | of home-based services, and (iii)
developing a plan for the | 6 | | student's most effective use of the home-based
services after | 7 | | the student becomes an adult and no longer receives special
| 8 | | educational services under this Article. The plans developed | 9 | | under this
paragraph shall include specific actions to be | 10 | | taken by specified individuals,
agencies, or officials.
| 11 | | (c) In the development of the individualized education | 12 | | program for a
student who is functionally blind, it shall be | 13 | | presumed that proficiency in
Braille reading and writing is | 14 | | essential for the student's satisfactory
educational progress. | 15 | | For purposes of this subsection, the State Board of
Education | 16 | | shall determine the criteria for a student to be classified as
| 17 | | functionally blind. Students who are not currently identified | 18 | | as
functionally blind who are also entitled to Braille | 19 | | instruction include:
(i) those whose vision loss is so severe | 20 | | that they are unable to read and
write at a level comparable to | 21 | | their peers solely through the use of
vision, and (ii) those | 22 | | who show evidence of progressive vision loss that
may result | 23 | | in functional blindness. Each student who is functionally | 24 | | blind
shall be entitled to Braille reading and writing | 25 | | instruction that is
sufficient to enable the student to | 26 | | communicate with the same level of
proficiency as other |
| | | HB5214 Engrossed | - 9 - | LRB102 23868 CMG 33061 b |
|
| 1 | | students of comparable ability. Instruction should be
provided | 2 | | to the extent that the student is physically and cognitively | 3 | | able
to use Braille. Braille instruction may be used in | 4 | | combination with other
special education services appropriate | 5 | | to the student's educational needs.
The assessment of each | 6 | | student who is functionally blind for the purpose of
| 7 | | developing the student's individualized education program | 8 | | shall include
documentation of the student's strengths and | 9 | | weaknesses in Braille skills.
Each person assisting in the | 10 | | development of the individualized education
program for a | 11 | | student who is functionally blind shall receive information
| 12 | | describing the benefits of Braille instruction. The | 13 | | individualized
education program for each student who is | 14 | | functionally blind shall
specify the appropriate learning | 15 | | medium or media based on the assessment
report.
| 16 | | (d) To the maximum extent appropriate, the placement shall | 17 | | provide the
child with the opportunity to be educated with | 18 | | children who do not have a disability; provided that children | 19 | | with
disabilities who are recommended to be
placed into | 20 | | regular education classrooms are provided with supplementary
| 21 | | services to assist the children with disabilities to benefit
| 22 | | from the regular
classroom instruction and are included on the | 23 | | teacher's regular education class
register. Subject to the | 24 | | limitation of the preceding sentence, placement in
special | 25 | | classes, separate schools or other removal of the child with a | 26 | | disability
from the regular educational environment shall |
| | | HB5214 Engrossed | - 10 - | LRB102 23868 CMG 33061 b |
|
| 1 | | occur only when the nature of
the severity of the disability is | 2 | | such that education in the
regular classes with
the use of | 3 | | supplementary aids and services cannot be achieved | 4 | | satisfactorily.
The placement of English learners with | 5 | | disabilities shall
be in non-restrictive environments which | 6 | | provide for integration with
peers who do not have | 7 | | disabilities in bilingual classrooms. Annually, each January, | 8 | | school districts shall report data on students from | 9 | | non-English
speaking backgrounds receiving special education | 10 | | and related services in
public and private facilities as | 11 | | prescribed in Section 2-3.30. If there
is a disagreement | 12 | | between parties involved regarding the special education
| 13 | | placement of any child, either in-state or out-of-state, the | 14 | | placement is
subject to impartial due process procedures | 15 | | described in Article 10 of the
Rules and Regulations to Govern | 16 | | the Administration and Operation of Special
Education.
| 17 | | (e) No child who comes from a home in which a language | 18 | | other than English
is the principal language used may be | 19 | | assigned to any class or program
under this Article until he | 20 | | has been given, in the principal language
used by the child and | 21 | | used in his home, tests reasonably related to his
cultural | 22 | | environment. All testing and evaluation materials and | 23 | | procedures
utilized for evaluation and placement shall not be | 24 | | linguistically, racially or
culturally discriminatory.
| 25 | | (f) Nothing in this Article shall be construed to require | 26 | | any child to
undergo any physical examination or medical |
| | | HB5214 Engrossed | - 11 - | LRB102 23868 CMG 33061 b |
|
| 1 | | treatment whose parents object thereto on the grounds that | 2 | | such examination or
treatment conflicts with his religious | 3 | | beliefs.
| 4 | | (g) School boards or their designee shall provide to the | 5 | | parents of a child prior written notice of any decision (a) | 6 | | proposing
to initiate or change, or (b) refusing to initiate | 7 | | or change, the
identification, evaluation, or educational | 8 | | placement of the child or the
provision of a free appropriate | 9 | | public education to their child, and the
reasons therefor. | 10 | | Such written notification shall also inform the
parent of the | 11 | | opportunity to present complaints with respect
to any matter | 12 | | relating to the educational placement of the student, or
the | 13 | | provision of a free appropriate public education and to have | 14 | | an
impartial due process hearing on the complaint. The notice | 15 | | shall inform
the parents in the parents' native language,
| 16 | | unless it is clearly not feasible to do so, of their rights and | 17 | | all
procedures available pursuant to this Act and the federal | 18 | | Individuals with Disabilities Education Improvement Act of | 19 | | 2004 (Public Law 108-446); it
shall be the responsibility of | 20 | | the State Superintendent to develop
uniform notices setting | 21 | | forth the procedures available under this Act
and the federal | 22 | | Individuals with Disabilities Education Improvement Act of | 23 | | 2004 (Public Law 108-446) to be used by all school boards. The | 24 | | notice
shall also inform the parents of the availability upon
| 25 | | request of a list of free or low-cost legal and other relevant | 26 | | services
available locally to assist parents in initiating an
|
| | | HB5214 Engrossed | - 12 - | LRB102 23868 CMG 33061 b |
|
| 1 | | impartial due process hearing. The State Superintendent shall | 2 | | revise the uniform notices required by this subsection (g) to | 3 | | reflect current law and procedures at least once every 2 | 4 | | years. Any parent who is deaf, or
does not normally | 5 | | communicate using spoken English, who participates in
a | 6 | | meeting with a representative of a local educational agency | 7 | | for the
purposes of developing an individualized educational | 8 | | program , or attends a multidisciplinary conference, a 504 | 9 | | meeting, a mediation session, or a due process hearing, shall | 10 | | be
entitled to the services of an interpreter. The State Board | 11 | | of Education must adopt rules to establish the criteria, | 12 | | standards, and competencies for a bilingual language | 13 | | interpreter who attends an individualized education program | 14 | | meeting , a multidisciplinary conference, a 504 meeting, a | 15 | | mediation session, or a due process hearing under this | 16 | | subsection to assist a parent who has limited English | 17 | | proficiency.
| 18 | | (g-5) For purposes of this subsection (g-5), "qualified | 19 | | professional" means an individual who holds credentials to | 20 | | evaluate the child in the domain or domains for which an | 21 | | evaluation is sought or an intern working under the direct | 22 | | supervision of a qualified professional, including a master's | 23 | | or doctoral degree candidate. | 24 | | To ensure that a parent can participate fully and | 25 | | effectively with school personnel in the development of | 26 | | appropriate educational and related services for his or her |
| | | HB5214 Engrossed | - 13 - | LRB102 23868 CMG 33061 b |
|
| 1 | | child, the parent, an independent educational evaluator, or a | 2 | | qualified professional retained by or on behalf of a parent or | 3 | | child must be afforded reasonable access to educational | 4 | | facilities, personnel, classrooms, and buildings and to the | 5 | | child as provided in this subsection (g-5). The requirements | 6 | | of this subsection (g-5) apply to any public school facility, | 7 | | building, or program and to any facility, building, or program | 8 | | supported in whole or in part by public funds. Prior to | 9 | | visiting a school, school building, or school facility, the | 10 | | parent, independent educational evaluator, or qualified | 11 | | professional may be required by the school district to inform | 12 | | the building principal or supervisor in writing of the | 13 | | proposed visit, the purpose of the visit, and the approximate | 14 | | duration of the visit. The visitor and the school district | 15 | | shall arrange the visit or visits at times that are mutually | 16 | | agreeable. Visitors shall comply with school safety, security, | 17 | | and visitation policies at all times. School district | 18 | | visitation policies must not conflict with this subsection | 19 | | (g-5). Visitors shall be required to comply with the | 20 | | requirements of applicable privacy laws, including those laws | 21 | | protecting the confidentiality of education records such as | 22 | | the federal Family Educational Rights and Privacy Act and the | 23 | | Illinois School Student Records Act. The visitor shall not | 24 | | disrupt the educational process. | 25 | | (1) A parent must be afforded reasonable access of | 26 | | sufficient duration and scope for the purpose of observing |
| | | HB5214 Engrossed | - 14 - | LRB102 23868 CMG 33061 b |
|
| 1 | | his or her child in the child's current educational | 2 | | placement, services, or program or for the purpose of | 3 | | visiting an educational placement or program proposed for | 4 | | the child. | 5 | | (2) An independent educational evaluator or a | 6 | | qualified professional retained by or on behalf of a | 7 | | parent or child must be afforded reasonable access of | 8 | | sufficient duration and scope for the purpose of | 9 | | conducting an evaluation of the child, the child's | 10 | | performance, the child's current educational program, | 11 | | placement, services, or environment, or any educational | 12 | | program, placement, services, or environment proposed for | 13 | | the child, including interviews of educational personnel, | 14 | | child observations, assessments, tests or assessments of | 15 | | the child's educational program, services, or placement or | 16 | | of any proposed educational program, services, or | 17 | | placement. If one or more interviews of school personnel | 18 | | are part of the evaluation, the interviews must be | 19 | | conducted at a mutually agreed upon time, date, and place | 20 | | that do not interfere with the school employee's school | 21 | | duties. The school district may limit interviews to | 22 | | personnel having information relevant to the child's | 23 | | current educational services, program, or placement or to | 24 | | a proposed educational service, program, or placement.
| 25 | | (Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21; | 26 | | 102-558, eff. 8-20-21.) |
| | | HB5214 Engrossed | - 15 - | LRB102 23868 CMG 33061 b |
|
| 1 | | (Text of Section after amendment by P.A. 102-199 )
| 2 | | Sec. 14-8.02. Identification, evaluation, and placement of | 3 | | children.
| 4 | | (a) The State Board of Education shall make rules under | 5 | | which local school
boards shall determine the eligibility of | 6 | | children to receive special
education. Such rules shall ensure | 7 | | that a free appropriate public
education be available to all | 8 | | children with disabilities as
defined in
Section 14-1.02. The | 9 | | State Board of Education shall require local school
districts | 10 | | to administer non-discriminatory procedures or tests to
| 11 | | English learners coming from homes in which a language
other | 12 | | than English is used to determine their eligibility to receive | 13 | | special
education. The placement of low English proficiency | 14 | | students in special
education programs and facilities shall be | 15 | | made in accordance with the test
results reflecting the | 16 | | student's linguistic, cultural and special education
needs. | 17 | | For purposes of determining the eligibility of children the | 18 | | State
Board of Education shall include in the rules | 19 | | definitions of "case study",
"staff conference", | 20 | | "individualized educational program", and "qualified
| 21 | | specialist" appropriate to each category of children with
| 22 | | disabilities as defined in
this Article. For purposes of | 23 | | determining the eligibility of children from
homes in which a | 24 | | language other than English is used, the State Board of
| 25 | | Education shall include in the rules
definitions for |
| | | HB5214 Engrossed | - 16 - | LRB102 23868 CMG 33061 b |
|
| 1 | | "qualified bilingual specialists" and "linguistically and
| 2 | | culturally appropriate individualized educational programs". | 3 | | For purposes of this
Section, as well as Sections 14-8.02a, | 4 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | 5 | | as defined in the federal Individuals with Disabilities | 6 | | Education Act (20 U.S.C. 1401(23)).
| 7 | | (b) No child shall be eligible for special education | 8 | | facilities except
with a carefully completed case study fully | 9 | | reviewed by professional
personnel in a multidisciplinary | 10 | | staff conference and only upon the
recommendation of qualified | 11 | | specialists or a qualified bilingual specialist, if
available. | 12 | | At the conclusion of the multidisciplinary staff conference, | 13 | | the
parent of the child and, if the child is in the legal | 14 | | custody of the Department of Children and Family Services, the | 15 | | Department's Office of Education and Transition Services shall | 16 | | be given a copy of the multidisciplinary
conference summary | 17 | | report and recommendations, which includes options
considered, | 18 | | and, in the case of the parent, be informed of his or her right | 19 | | to obtain an independent educational
evaluation if he or she | 20 | | disagrees with the evaluation findings conducted or obtained
| 21 | | by the school district. If the school district's evaluation is | 22 | | shown to be
inappropriate, the school district shall reimburse | 23 | | the parent for the cost of
the independent evaluation. The | 24 | | State Board of Education shall, with advice
from the State | 25 | | Advisory Council on Education of Children with
Disabilities on | 26 | | the
inclusion of specific independent educational evaluators, |
| | | HB5214 Engrossed | - 17 - | LRB102 23868 CMG 33061 b |
|
| 1 | | prepare a list of
suggested independent educational | 2 | | evaluators. The State Board of Education
shall include on the | 3 | | list clinical psychologists licensed pursuant to the
Clinical | 4 | | Psychologist Licensing Act. Such psychologists shall not be | 5 | | paid fees
in excess of the amount that would be received by a | 6 | | school psychologist for
performing the same services. The | 7 | | State Board of Education shall supply school
districts with | 8 | | such list and make the list available to parents at their
| 9 | | request. School districts shall make the list available to | 10 | | parents at the time
they are informed of their right to obtain | 11 | | an independent educational
evaluation. However, the school | 12 | | district may initiate an impartial
due process hearing under | 13 | | this Section within 5 days of any written parent
request for an | 14 | | independent educational evaluation to show that
its evaluation | 15 | | is appropriate. If the final decision is that the evaluation
| 16 | | is appropriate, the parent still has a right to an independent | 17 | | educational
evaluation, but not at public expense. An | 18 | | independent educational
evaluation at public expense must be | 19 | | completed within 30 days of a parent
written request unless | 20 | | the school district initiates an
impartial due process hearing | 21 | | or the parent or school district
offers reasonable grounds to | 22 | | show that such 30-day time period should be
extended. If the | 23 | | due process hearing decision indicates that the parent is | 24 | | entitled to an independent educational evaluation, it must be
| 25 | | completed within 30 days of the decision unless the parent or
| 26 | | the school district offers reasonable grounds to show that |
| | | HB5214 Engrossed | - 18 - | LRB102 23868 CMG 33061 b |
|
| 1 | | such 30-day
period should be extended. If a parent disagrees | 2 | | with the summary report or
recommendations of the | 3 | | multidisciplinary conference or the findings of any
| 4 | | educational evaluation which results therefrom, the school
| 5 | | district shall not proceed with a placement based upon such | 6 | | evaluation and
the child shall remain in his or her regular | 7 | | classroom setting.
No child shall be eligible for admission to | 8 | | a
special class for children with a mental disability who are | 9 | | educable or for children with a mental disability who are | 10 | | trainable except with a psychological evaluation
and
| 11 | | recommendation by a school psychologist. Consent shall be | 12 | | obtained from
the parent of a child before any evaluation is | 13 | | conducted.
If consent is not given by the parent or if the | 14 | | parent disagrees with the findings of the evaluation, then the | 15 | | school
district may initiate an impartial due process hearing | 16 | | under this Section.
The school district may evaluate the child | 17 | | if that is the decision
resulting from the impartial due | 18 | | process hearing and the decision is not
appealed or if the | 19 | | decision is affirmed on appeal.
The determination of | 20 | | eligibility shall be made and the IEP meeting shall be | 21 | | completed within 60 school days
from the date of written | 22 | | parental consent. In those instances when written parental | 23 | | consent is obtained with fewer than 60 pupil attendance days | 24 | | left in the school year,
the eligibility determination shall | 25 | | be made and the IEP meeting shall be completed prior to the | 26 | | first day of the
following school year. Special education and |
| | | HB5214 Engrossed | - 19 - | LRB102 23868 CMG 33061 b |
|
| 1 | | related services must be provided in accordance with the | 2 | | student's IEP no later than 10 school attendance days after | 3 | | notice is provided to the parents pursuant to Section 300.503 | 4 | | of Title 34 of the Code of Federal Regulations and | 5 | | implementing rules adopted by the State Board of Education. | 6 | | The appropriate
program pursuant to the individualized | 7 | | educational program of students
whose native tongue is a | 8 | | language other than English shall reflect the
special | 9 | | education, cultural and linguistic needs. No later than | 10 | | September
1, 1993, the State Board of Education shall | 11 | | establish standards for the
development, implementation and | 12 | | monitoring of appropriate bilingual special
individualized | 13 | | educational programs. The State Board of Education shall
| 14 | | further incorporate appropriate monitoring procedures to | 15 | | verify implementation
of these standards. The district shall | 16 | | indicate to the parent, the State Board of Education, and, if | 17 | | applicable, the Department's Office of Education and | 18 | | Transition Services the nature of the services the child will | 19 | | receive
for the regular school term while awaiting waiting | 20 | | placement in the appropriate special
education class. At the | 21 | | child's initial IEP meeting and at each annual review meeting, | 22 | | the child's IEP team shall provide the child's parent or | 23 | | guardian and, if applicable, the Department's Office of | 24 | | Education and Transition Services with a written notification | 25 | | that informs the parent or guardian or the Department's Office | 26 | | of Education and Transition Services that the IEP team is |
| | | HB5214 Engrossed | - 20 - | LRB102 23868 CMG 33061 b |
|
| 1 | | required to consider whether the child requires assistive | 2 | | technology in order to receive free, appropriate public | 3 | | education. The notification must also include a toll-free | 4 | | telephone number and internet address for the State's | 5 | | assistive technology program.
| 6 | | If the child is deaf, hard of hearing, blind, or visually | 7 | | impaired or has an orthopedic impairment or physical | 8 | | disability and
he or she might be eligible to receive services | 9 | | from the Illinois School for
the Deaf, the Illinois School for | 10 | | the Visually Impaired, or the Illinois Center for | 11 | | Rehabilitation and Education-Roosevelt, the school
district | 12 | | shall notify the parents, in writing, of the existence of
| 13 | | these schools
and the services
they provide and shall make a | 14 | | reasonable effort to inform the parents of the existence of | 15 | | other, local schools that provide similar services and the | 16 | | services that these other schools provide. This notification
| 17 | | shall
include without limitation information on school | 18 | | services, school
admissions criteria, and school contact | 19 | | information.
| 20 | | In the development of the individualized education program | 21 | | for a student who has a disability on the autism spectrum | 22 | | (which includes autistic disorder, Asperger's disorder, | 23 | | pervasive developmental disorder not otherwise specified, | 24 | | childhood disintegrative disorder, and Rett Syndrome, as | 25 | | defined in the Diagnostic and Statistical Manual of Mental | 26 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall |
| | | HB5214 Engrossed | - 21 - | LRB102 23868 CMG 33061 b |
|
| 1 | | consider all of the following factors: | 2 | | (1) The verbal and nonverbal communication needs of | 3 | | the 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. | 19 | | Public Act 95-257
does not create any new entitlement to a | 20 | | service, program, or benefit, but must not affect any | 21 | | entitlement to a service, program, or benefit created by any | 22 | | other law.
| 23 | | If the student may be eligible to participate in the | 24 | | Home-Based Support
Services Program for Adults with Mental | 25 | | Disabilities authorized under the
Developmental Disability and | 26 | | Mental Disability Services Act upon becoming an
adult, the |
| | | HB5214 Engrossed | - 22 - | LRB102 23868 CMG 33061 b |
|
| 1 | | student's individualized education program shall include plans | 2 | | for
(i) determining the student's eligibility for those | 3 | | home-based services, (ii)
enrolling the student in the program | 4 | | of home-based services, and (iii)
developing a plan for the | 5 | | student's most effective use of the home-based
services after | 6 | | the student becomes an adult and no longer receives special
| 7 | | educational services under this Article. The plans developed | 8 | | under this
paragraph shall include specific actions to be | 9 | | taken by specified individuals,
agencies, or officials.
| 10 | | (c) In the development of the individualized education | 11 | | program for a
student who is functionally blind, it shall be | 12 | | presumed that proficiency in
Braille reading and writing is | 13 | | essential for the student's satisfactory
educational progress. | 14 | | For purposes of this subsection, the State Board of
Education | 15 | | shall determine the criteria for a student to be classified as
| 16 | | functionally blind. Students who are not currently identified | 17 | | as
functionally blind who are also entitled to Braille | 18 | | instruction include:
(i) those whose vision loss is so severe | 19 | | that they are unable to read and
write at a level comparable to | 20 | | their peers solely through the use of
vision, and (ii) those | 21 | | who show evidence of progressive vision loss that
may result | 22 | | in functional blindness. Each student who is functionally | 23 | | blind
shall be entitled to Braille reading and writing | 24 | | instruction that is
sufficient to enable the student to | 25 | | communicate with the same level of
proficiency as other | 26 | | students of comparable ability. Instruction should be
provided |
| | | HB5214 Engrossed | - 23 - | LRB102 23868 CMG 33061 b |
|
| 1 | | to the extent that the student is physically and cognitively | 2 | | able
to use Braille. Braille instruction may be used in | 3 | | combination with other
special education services appropriate | 4 | | to the student's educational needs.
The assessment of each | 5 | | student who is functionally blind for the purpose of
| 6 | | developing the student's individualized education program | 7 | | shall include
documentation of the student's strengths and | 8 | | weaknesses in Braille skills.
Each person assisting in the | 9 | | development of the individualized education
program for a | 10 | | student who is functionally blind shall receive information
| 11 | | describing the benefits of Braille instruction. The | 12 | | individualized
education program for each student who is | 13 | | functionally blind shall
specify the appropriate learning | 14 | | medium or media based on the assessment
report.
| 15 | | (d) To the maximum extent appropriate, the placement shall | 16 | | provide the
child with the opportunity to be educated with | 17 | | children who do not have a disability; provided that children | 18 | | with
disabilities who are recommended to be
placed into | 19 | | regular education classrooms are provided with supplementary
| 20 | | services to assist the children with disabilities to benefit
| 21 | | from the regular
classroom instruction and are included on the | 22 | | teacher's regular education class
register. Subject to the | 23 | | limitation of the preceding sentence, placement in
special | 24 | | classes, separate schools or other removal of the child with a | 25 | | disability
from the regular educational environment shall | 26 | | occur only when the nature of
the severity of the disability is |
| | | HB5214 Engrossed | - 24 - | LRB102 23868 CMG 33061 b |
|
| 1 | | such that education in the
regular classes with
the use of | 2 | | supplementary aids and services cannot be achieved | 3 | | satisfactorily.
The placement of English learners with | 4 | | disabilities shall
be in non-restrictive environments which | 5 | | provide for integration with
peers who do not have | 6 | | disabilities in bilingual classrooms. Annually, each January, | 7 | | school districts shall report data on students from | 8 | | non-English
speaking backgrounds receiving special education | 9 | | and related services in
public and private facilities as | 10 | | prescribed in Section 2-3.30. If there
is a disagreement | 11 | | between parties involved regarding the special education
| 12 | | placement of any child, either in-state or out-of-state, the | 13 | | placement is
subject to impartial due process procedures | 14 | | described in Article 10 of the
Rules and Regulations to Govern | 15 | | the Administration and Operation of Special
Education.
| 16 | | (e) No child who comes from a home in which a language | 17 | | other than English
is the principal language used may be | 18 | | assigned to any class or program
under this Article until he | 19 | | has been given, in the principal language
used by the child and | 20 | | used in his home, tests reasonably related to his
cultural | 21 | | environment. All testing and evaluation materials and | 22 | | procedures
utilized for evaluation and placement shall not be | 23 | | linguistically, racially or
culturally discriminatory.
| 24 | | (f) Nothing in this Article shall be construed to require | 25 | | any child to
undergo any physical examination or medical | 26 | | treatment whose parents object thereto on the grounds that |
| | | HB5214 Engrossed | - 25 - | LRB102 23868 CMG 33061 b |
|
| 1 | | such examination or
treatment conflicts with his religious | 2 | | beliefs.
| 3 | | (g) School boards or their designee shall provide to the | 4 | | parents of a child or, if applicable, the Department of | 5 | | Children and Family Services' Office of Education and | 6 | | Transition Services prior written notice of any decision (a) | 7 | | proposing
to initiate or change, or (b) refusing to initiate | 8 | | or change, the
identification, evaluation, or educational | 9 | | placement of the child or the
provision of a free appropriate | 10 | | public education to their child, and the
reasons therefor. For | 11 | | a parent, such written notification shall also inform the
| 12 | | parent of the opportunity to present complaints with respect
| 13 | | to any matter relating to the educational placement of the | 14 | | student, or
the provision of a free appropriate public | 15 | | education and to have an
impartial due process hearing on the | 16 | | complaint. The notice shall inform
the parents in the parents' | 17 | | native language,
unless it is clearly not feasible to do so, of | 18 | | their rights and all
procedures available pursuant to this Act | 19 | | and the federal Individuals with Disabilities Education | 20 | | Improvement Act of 2004 (Public Law 108-446); it
shall be the | 21 | | responsibility of the State Superintendent to develop
uniform | 22 | | notices setting forth the procedures available under this Act
| 23 | | and the federal Individuals with Disabilities Education | 24 | | Improvement Act of 2004 (Public Law 108-446) to be used by all | 25 | | school boards. The notice
shall also inform the parents of the | 26 | | availability upon
request of a list of free or low-cost legal |
| | | HB5214 Engrossed | - 26 - | LRB102 23868 CMG 33061 b |
|
| 1 | | and other relevant services
available locally to assist | 2 | | parents in initiating an
impartial due process hearing. The | 3 | | State Superintendent shall revise the uniform notices required | 4 | | by this subsection (g) to reflect current law and procedures | 5 | | at least once every 2 years. Any parent who is deaf, or
does | 6 | | not normally communicate using spoken English, who | 7 | | participates in
a meeting with a representative of a local | 8 | | educational agency for the
purposes of developing an | 9 | | individualized educational program , or attends a | 10 | | multidisciplinary conference, a 504 meeting, a mediation | 11 | | session, or a due process hearing, shall be
entitled to the | 12 | | services of an interpreter. The State Board of Education must | 13 | | adopt rules to establish the criteria, standards, and | 14 | | competencies for a bilingual language interpreter who attends | 15 | | an individualized education program meeting , multidisciplinary | 16 | | conference, 504 mediation session, or a due process hearing | 17 | | under this subsection to assist a parent who has limited | 18 | | English proficiency.
| 19 | | (g-5) For purposes of this subsection (g-5), "qualified | 20 | | professional" means an individual who holds credentials to | 21 | | evaluate the child in the domain or domains for which an | 22 | | evaluation is sought or an intern working under the direct | 23 | | supervision of a qualified professional, including a master's | 24 | | or doctoral degree candidate. | 25 | | To ensure that a parent can participate fully and | 26 | | effectively with school personnel in the development of |
| | | HB5214 Engrossed | - 27 - | LRB102 23868 CMG 33061 b |
|
| 1 | | appropriate educational and related services for his or her | 2 | | child, the parent, an independent educational evaluator, or a | 3 | | qualified professional retained by or on behalf of a parent or | 4 | | child must be afforded reasonable access to educational | 5 | | facilities, personnel, classrooms, and buildings and to the | 6 | | child as provided in this subsection (g-5). The requirements | 7 | | of this subsection (g-5) apply to any public school facility, | 8 | | building, or program and to any facility, building, or program | 9 | | supported in whole or in part by public funds. Prior to | 10 | | visiting a school, school building, or school facility, the | 11 | | parent, independent educational evaluator, or qualified | 12 | | professional may be required by the school district to inform | 13 | | the building principal or supervisor in writing of the | 14 | | proposed visit, the purpose of the visit, and the approximate | 15 | | duration of the visit. The visitor and the school district | 16 | | shall arrange the visit or visits at times that are mutually | 17 | | agreeable. Visitors shall comply with school safety, security, | 18 | | and visitation policies at all times. School district | 19 | | visitation policies must not conflict with this subsection | 20 | | (g-5). Visitors shall be required to comply with the | 21 | | requirements of applicable privacy laws, including those laws | 22 | | protecting the confidentiality of education records such as | 23 | | the federal Family Educational Rights and Privacy Act and the | 24 | | Illinois School Student Records Act. The visitor shall not | 25 | | disrupt the educational process. | 26 | | (1) A parent must be afforded reasonable access of |
| | | HB5214 Engrossed | - 28 - | LRB102 23868 CMG 33061 b |
|
| 1 | | sufficient duration and scope for the purpose of observing | 2 | | his or her child in the child's current educational | 3 | | placement, services, or program or for the purpose of | 4 | | visiting an educational placement or program proposed for | 5 | | the child. | 6 | | (2) An independent educational evaluator or a | 7 | | qualified professional retained by or on behalf of a | 8 | | parent or child must be afforded reasonable access of | 9 | | sufficient duration and scope for the purpose of | 10 | | conducting an evaluation of the child, the child's | 11 | | performance, the child's current educational program, | 12 | | placement, services, or environment, or any educational | 13 | | program, placement, services, or environment proposed for | 14 | | the child, including interviews of educational personnel, | 15 | | child observations, assessments, tests or assessments of | 16 | | the child's educational program, services, or placement or | 17 | | of any proposed educational program, services, or | 18 | | placement. If one or more interviews of school personnel | 19 | | are part of the evaluation, the interviews must be | 20 | | conducted at a mutually agreed upon time, date, and place | 21 | | that do not interfere with the school employee's school | 22 | | duties. The school district may limit interviews to | 23 | | personnel having information relevant to the child's | 24 | | current educational services, program, or placement or to | 25 | | a proposed educational service, program, or placement.
| 26 | | (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; |
| | | HB5214 Engrossed | - 29 - | LRB102 23868 CMG 33061 b |
|
| 1 | | 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised | 2 | | 10-14-21.) | 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|