Full Text of HB0340 103rd General Assembly
HB0340ham001 103RD GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 3/27/2024 | | 10300HB0340ham001 | | LRB103 03867 RJT 70238 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 340
| 2 | | AMENDMENT NO. ______. Amend House Bill 340 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 14-8.02 and 14-8.02f 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 | 8 | | children. | 9 | | (a) The State Board of Education shall make rules under | 10 | | which local school boards shall determine the eligibility of | 11 | | children to receive special education. Such rules shall ensure | 12 | | that a free appropriate public education be available to all | 13 | | children with disabilities as defined in Section 14-1.02. The | 14 | | State Board of Education shall require local school districts | 15 | | to administer non-discriminatory procedures or tests to | 16 | | English learners coming from homes in which a language other |
| | | 10300HB0340ham001 | - 2 - | LRB103 03867 RJT 70238 a |
|
| 1 | | than English is used to determine their eligibility to receive | 2 | | special education. The placement of low English proficiency | 3 | | students in special education programs and facilities shall be | 4 | | made in accordance with the test results reflecting the | 5 | | student's linguistic, cultural and special education needs. | 6 | | For purposes of determining the eligibility of children the | 7 | | State Board of Education shall include in the rules | 8 | | definitions of "case study", "staff conference", | 9 | | "individualized educational program", and "qualified | 10 | | specialist" appropriate to each category of children with | 11 | | disabilities as defined in this Article. For purposes of | 12 | | determining the eligibility of children from homes in which a | 13 | | language other than English is used, the State Board of | 14 | | Education shall include in the rules definitions for | 15 | | "qualified bilingual specialists" and "linguistically and | 16 | | culturally appropriate individualized educational programs". | 17 | | For purposes of this Section, as well as Sections 14-8.02a, | 18 | | 14-8.02b, and 14-8.02c of this Code, "parent" means a parent | 19 | | as defined in the federal Individuals with Disabilities | 20 | | Education Act (20 U.S.C. 1401(23)). | 21 | | (b) No child shall be eligible for special education | 22 | | facilities except with a carefully completed case study fully | 23 | | reviewed by professional personnel in a multidisciplinary | 24 | | staff conference and only upon the recommendation of qualified | 25 | | specialists or a qualified bilingual specialist, if available. | 26 | | At the conclusion of the multidisciplinary staff conference, |
| | | 10300HB0340ham001 | - 3 - | LRB103 03867 RJT 70238 a |
|
| 1 | | the parent of the child and, if the child is in the legal | 2 | | custody of the Department of Children and Family Services, the | 3 | | Department's Office of Education and Transition Services shall | 4 | | be given a copy of the multidisciplinary conference summary | 5 | | report and recommendations, which includes options considered, | 6 | | and, in the case of the parent, be informed of his or her right | 7 | | to obtain an independent educational evaluation if he or she | 8 | | disagrees with the evaluation findings conducted or obtained | 9 | | by the school district. If the school district's evaluation is | 10 | | shown to be inappropriate, the school district shall reimburse | 11 | | the parent for the cost of the independent evaluation. The | 12 | | State Board of Education shall, with advice from the State | 13 | | Advisory Council on Education of Children with Disabilities on | 14 | | the inclusion of specific independent educational evaluators, | 15 | | prepare a list of suggested independent educational | 16 | | evaluators. The State Board of Education shall include on the | 17 | | list clinical psychologists licensed pursuant to the Clinical | 18 | | Psychologist Licensing Act. Such psychologists shall not be | 19 | | paid fees in excess of the amount that would be received by a | 20 | | school psychologist for performing the same services. The | 21 | | State Board of Education shall supply school districts with | 22 | | such list and make the list available to parents at their | 23 | | request. School districts shall make the list available to | 24 | | parents at the time they are informed of their right to obtain | 25 | | an independent educational evaluation. However, the school | 26 | | district may initiate an impartial due process hearing under |
| | | 10300HB0340ham001 | - 4 - | LRB103 03867 RJT 70238 a |
|
| 1 | | this Section within 5 days of any written parent request for an | 2 | | independent educational evaluation to show that its evaluation | 3 | | is appropriate. If the final decision is that the evaluation | 4 | | is appropriate, the parent still has a right to an independent | 5 | | educational evaluation, but not at public expense. An | 6 | | independent educational evaluation at public expense must be | 7 | | completed within 30 days of a parent's parent written request | 8 | | unless the school district initiates an impartial due process | 9 | | hearing or the parent or school district offers reasonable | 10 | | grounds to show that such 30-day time period should be | 11 | | extended. If the due process hearing decision indicates that | 12 | | the parent is entitled to an independent educational | 13 | | evaluation, it must be completed within 30 days of the | 14 | | decision unless the parent or the school district offers | 15 | | reasonable grounds to show that such 30-day period should be | 16 | | extended. If a parent disagrees with the summary report or | 17 | | recommendations of the multidisciplinary conference or the | 18 | | findings of any educational evaluation which results | 19 | | therefrom, the school district shall not proceed with a | 20 | | placement based upon such evaluation and the child shall | 21 | | remain in his or her regular classroom setting. No child shall | 22 | | be eligible for admission to a special class for children with | 23 | | a mental disability who are educable or for children with a | 24 | | mental disability who are trainable except with a | 25 | | psychological evaluation and recommendation by a school | 26 | | psychologist. Consent shall be obtained from the parent of a |
| | | 10300HB0340ham001 | - 5 - | LRB103 03867 RJT 70238 a |
|
| 1 | | child before any evaluation is conducted. If consent is not | 2 | | given by the parent or if the parent disagrees with the | 3 | | findings of the evaluation, then the school district may | 4 | | initiate an impartial due process hearing under this Section. | 5 | | The school district may evaluate the child if that is the | 6 | | decision resulting from the impartial due process hearing and | 7 | | the decision is not appealed or if the decision is affirmed on | 8 | | appeal. The determination of eligibility shall be made and the | 9 | | IEP meeting shall be completed within 60 school days from the | 10 | | date of written parental consent. In those instances when | 11 | | written parental consent is obtained with fewer than 60 pupil | 12 | | attendance days left in the school year, the eligibility | 13 | | determination shall be made and the IEP meeting shall be | 14 | | completed prior to the first day of the following school year. | 15 | | Special education and related services must be provided in | 16 | | accordance with the student's IEP no later than 10 school | 17 | | attendance days after notice is provided to the parents | 18 | | pursuant to Section 300.503 of Title 34 of the Code of Federal | 19 | | Regulations and implementing rules adopted by the State Board | 20 | | of Education. The appropriate program pursuant to the | 21 | | individualized educational program of students whose native | 22 | | tongue is a language other than English shall reflect the | 23 | | special education, cultural and linguistic needs. No later | 24 | | than September 1, 1993, the State Board of Education shall | 25 | | establish standards for the development, implementation and | 26 | | monitoring of appropriate bilingual special individualized |
| | | 10300HB0340ham001 | - 6 - | LRB103 03867 RJT 70238 a |
|
| 1 | | educational programs. The State Board of Education shall | 2 | | further incorporate appropriate monitoring procedures to | 3 | | verify implementation of these standards. The district shall | 4 | | indicate to the parent, the State Board of Education, and, if | 5 | | applicable, the Department's Office of Education and | 6 | | Transition Services the nature of the services the child will | 7 | | receive for the regular school term while awaiting placement | 8 | | in the appropriate special education class. At the child's | 9 | | initial IEP meeting and at each annual review meeting, the | 10 | | child's IEP team shall provide the child's parent or guardian | 11 | | and, if applicable, the Department's Office of Education and | 12 | | Transition Services with a written notification that informs | 13 | | the parent or guardian or the Department's Office of Education | 14 | | and Transition Services that the IEP team is required to | 15 | | consider whether the child requires assistive technology in | 16 | | order to receive free, appropriate public education. The | 17 | | notification must also include a toll-free telephone number | 18 | | and internet address for the State's assistive technology | 19 | | program. | 20 | | If the child is deaf, hard of hearing, blind, or visually | 21 | | impaired or has an orthopedic impairment or physical | 22 | | disability and he or she might be eligible to receive services | 23 | | from the Illinois School for the Deaf, the Illinois School for | 24 | | the Visually Impaired, or the Illinois Center for | 25 | | Rehabilitation and Education-Roosevelt, the school district | 26 | | shall notify the parents, in writing, of the existence of |
| | | 10300HB0340ham001 | - 7 - | LRB103 03867 RJT 70238 a |
|
| 1 | | these schools and the services they provide and shall make a | 2 | | reasonable effort to inform the parents of the existence of | 3 | | other, local schools that provide similar services and the | 4 | | services that these other schools provide. This notification | 5 | | shall include , without limitation , information on school | 6 | | services, school admissions criteria, and school contact | 7 | | information. | 8 | | In the development of the individualized education program | 9 | | for a student who has a disability on the autism spectrum | 10 | | (which includes autistic disorder, Asperger's disorder, | 11 | | pervasive developmental disorder not otherwise specified, | 12 | | childhood disintegrative disorder, and Rett Syndrome, as | 13 | | defined in the Diagnostic and Statistical Manual of Mental | 14 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 15 | | consider all of the following factors: | 16 | | (1) The verbal and nonverbal communication needs of | 17 | | the child. | 18 | | (2) The need to develop social interaction skills and | 19 | | proficiencies. | 20 | | (3) The needs resulting from the child's unusual | 21 | | responses to sensory experiences. | 22 | | (4) The needs resulting from resistance to | 23 | | environmental change or change in daily routines. | 24 | | (5) The needs resulting from engagement in repetitive | 25 | | activities and stereotyped movements. | 26 | | (6) The need for any positive behavioral |
| | | 10300HB0340ham001 | - 8 - | LRB103 03867 RJT 70238 a |
|
| 1 | | interventions, strategies, and supports to address any | 2 | | behavioral difficulties resulting from autism spectrum | 3 | | disorder. | 4 | | (7) Other needs resulting from the child's disability | 5 | | that impact progress in the general curriculum, including | 6 | | social and emotional development. | 7 | | Public Act 95-257 does not create any new entitlement to a | 8 | | service, program, or benefit, but must not affect any | 9 | | entitlement to a service, program, or benefit created by any | 10 | | other law. | 11 | | If the student may be eligible to participate in the | 12 | | Home-Based Support Services Program for Adults with Mental | 13 | | Disabilities authorized under the Developmental Disability and | 14 | | Mental Disability Services Act upon becoming an adult, the | 15 | | student's individualized education program shall include plans | 16 | | for (i) determining the student's eligibility for those | 17 | | home-based services, (ii) enrolling the student in the program | 18 | | of home-based services, and (iii) developing a plan for the | 19 | | student's most effective use of the home-based services after | 20 | | the student becomes an adult and no longer receives special | 21 | | educational services under this Article. The plans developed | 22 | | under this paragraph shall include specific actions to be | 23 | | taken by specified individuals, agencies, or officials. | 24 | | (c) In the development of the individualized education | 25 | | program for a student who is functionally blind, it shall be | 26 | | presumed that proficiency in Braille reading and writing is |
| | | 10300HB0340ham001 | - 9 - | LRB103 03867 RJT 70238 a |
|
| 1 | | essential for the student's satisfactory educational progress. | 2 | | For purposes of this subsection, the State Board of Education | 3 | | shall determine the criteria for a student to be classified as | 4 | | functionally blind. Students who are not currently identified | 5 | | as functionally blind who are also entitled to Braille | 6 | | instruction include: (i) those whose vision loss is so severe | 7 | | that they are unable to read and write at a level comparable to | 8 | | their peers solely through the use of vision, and (ii) those | 9 | | who show evidence of progressive vision loss that may result | 10 | | in functional blindness. Each student who is functionally | 11 | | blind shall be entitled to Braille reading and writing | 12 | | instruction that is sufficient to enable the student to | 13 | | communicate with the same level of proficiency as other | 14 | | students of comparable ability. Instruction should be provided | 15 | | to the extent that the student is physically and cognitively | 16 | | able to use Braille. Braille instruction may be used in | 17 | | combination with other special education services appropriate | 18 | | to the student's educational needs. The assessment of each | 19 | | student who is functionally blind for the purpose of | 20 | | developing the student's individualized education program | 21 | | shall include documentation of the student's strengths and | 22 | | weaknesses in Braille skills. Each person assisting in the | 23 | | development of the individualized education program for a | 24 | | student who is functionally blind shall receive information | 25 | | describing the benefits of Braille instruction. The | 26 | | individualized education program for each student who is |
| | | 10300HB0340ham001 | - 10 - | LRB103 03867 RJT 70238 a |
|
| 1 | | functionally blind shall specify the appropriate learning | 2 | | medium or media based on the assessment report. | 3 | | (d) To the maximum extent appropriate, the placement shall | 4 | | provide the child with the opportunity to be educated with | 5 | | children who do not have a disability; provided that children | 6 | | with disabilities who are recommended to be placed into | 7 | | regular education classrooms are provided with supplementary | 8 | | services to assist the children with disabilities to benefit | 9 | | from the regular classroom instruction and are included on the | 10 | | teacher's regular education class register. Subject to the | 11 | | limitation of the preceding sentence, placement in special | 12 | | classes, separate schools or other removal of the child with a | 13 | | disability from the regular educational environment shall | 14 | | occur only when the nature of the severity of the disability is | 15 | | such that education in the regular classes with the use of | 16 | | supplementary aids and services cannot be achieved | 17 | | satisfactorily. The placement of English learners with | 18 | | disabilities shall be in non-restrictive environments which | 19 | | provide for integration with peers who do not have | 20 | | disabilities in bilingual classrooms. Annually, each January, | 21 | | school districts shall report data on students from | 22 | | non-English speaking backgrounds receiving special education | 23 | | and related services in public and private facilities as | 24 | | prescribed in Section 2-3.30. If there is a disagreement | 25 | | between parties involved regarding the special education | 26 | | placement of any child, either in-state or out-of-state, the |
| | | 10300HB0340ham001 | - 11 - | LRB103 03867 RJT 70238 a |
|
| 1 | | placement is subject to impartial due process procedures | 2 | | described in Article 10 of the Rules and Regulations to Govern | 3 | | the Administration and Operation of Special Education. | 4 | | (e) No child who comes from a home in which a language | 5 | | other than English is the principal language used may be | 6 | | assigned to any class or program under this Article until he | 7 | | has been given, in the principal language used by the child and | 8 | | used in his home, tests reasonably related to his cultural | 9 | | environment. All testing and evaluation materials and | 10 | | procedures utilized for evaluation and placement shall not be | 11 | | linguistically, racially or culturally discriminatory. | 12 | | (f) Nothing in this Article shall be construed to require | 13 | | any child to undergo any physical examination or medical | 14 | | treatment whose parents object thereto on the grounds that | 15 | | such examination or treatment conflicts with his religious | 16 | | beliefs. | 17 | | (g) School boards or their designee shall provide to the | 18 | | parents of a child or, if applicable, the Department of | 19 | | Children and Family Services' Office of Education and | 20 | | Transition Services prior written notice of any decision (a) | 21 | | proposing to initiate or change, or (b) refusing to initiate | 22 | | or change, the identification, evaluation, or educational | 23 | | placement of the child or the provision of a free appropriate | 24 | | public education to their child, and the reasons therefor. For | 25 | | a parent, such written notification shall also inform the | 26 | | parent of the opportunity to present complaints with respect |
| | | 10300HB0340ham001 | - 12 - | LRB103 03867 RJT 70238 a |
|
| 1 | | to any matter relating to the educational placement of the | 2 | | student, or the provision of a free appropriate public | 3 | | education and to have an impartial due process hearing on the | 4 | | complaint. The notice shall inform the parents in the parents' | 5 | | native language, unless it is clearly not feasible to do so, of | 6 | | their rights and all procedures available pursuant to this Act | 7 | | and the federal Individuals with Disabilities Education | 8 | | Improvement Act of 2004 (Public Law 108-446); it shall be the | 9 | | responsibility of the State Superintendent to develop uniform | 10 | | notices setting forth the procedures available under this Act | 11 | | and the federal Individuals with Disabilities Education | 12 | | Improvement Act of 2004 (Public Law 108-446) to be used by all | 13 | | school boards. The notice shall also include the content | 14 | | required under subsection (c) of Section 14-8.02f and inform | 15 | | the parents of the availability upon request of a list of free | 16 | | or low-cost legal and other relevant services available | 17 | | locally to assist parents in initiating an impartial due | 18 | | process hearing. The State Superintendent shall revise the | 19 | | uniform notices required by this subsection (g) to reflect | 20 | | current law and procedures at least once every 2 years. Any | 21 | | parent who is deaf or does not normally communicate using | 22 | | spoken English and who participates in a meeting with a | 23 | | representative of a local educational agency for the purposes | 24 | | of developing an individualized educational program or attends | 25 | | a multidisciplinary conference shall be entitled to the | 26 | | services of an interpreter. The State Board of Education must |
| | | 10300HB0340ham001 | - 13 - | LRB103 03867 RJT 70238 a |
|
| 1 | | adopt rules to establish the criteria, standards, and | 2 | | competencies for a bilingual language interpreter who attends | 3 | | an individualized education program meeting under this | 4 | | subsection to assist a parent who has limited English | 5 | | proficiency. | 6 | | (g-5) For purposes of this subsection (g-5), "qualified | 7 | | professional" means an individual who holds credentials to | 8 | | evaluate the child in the domain or domains for which an | 9 | | evaluation is sought or an intern working under the direct | 10 | | supervision of a qualified professional, including a master's | 11 | | or doctoral degree candidate. | 12 | | To ensure that a parent can participate fully and | 13 | | effectively with school personnel in the development of | 14 | | appropriate educational and related services for his or her | 15 | | child, the parent, an independent educational evaluator, or a | 16 | | qualified professional retained by or on behalf of a parent or | 17 | | child must be afforded reasonable access to educational | 18 | | facilities, personnel, classrooms, and buildings and to the | 19 | | child as provided in this subsection (g-5). The requirements | 20 | | of this subsection (g-5) apply to any public school facility, | 21 | | building, or program and to any facility, building, or program | 22 | | supported in whole or in part by public funds. Prior to | 23 | | visiting a school, school building, or school facility, the | 24 | | parent, independent educational evaluator, or qualified | 25 | | professional may be required by the school district to inform | 26 | | the building principal or supervisor in writing of the |
| | | 10300HB0340ham001 | - 14 - | LRB103 03867 RJT 70238 a |
|
| 1 | | proposed visit, the purpose of the visit, and the approximate | 2 | | duration of the visit. The visitor and the school district | 3 | | shall arrange the visit or visits at times that are mutually | 4 | | agreeable. Visitors shall comply with school safety, security, | 5 | | and visitation policies at all times. School district | 6 | | visitation policies must not conflict with this subsection | 7 | | (g-5). Visitors shall be required to comply with the | 8 | | requirements of applicable privacy laws, including those laws | 9 | | protecting the confidentiality of education records such as | 10 | | the federal Family Educational Rights and Privacy Act and the | 11 | | Illinois School Student Records Act. The visitor shall not | 12 | | disrupt the educational process. | 13 | | (1) A parent must be afforded reasonable access of | 14 | | sufficient duration and scope for the purpose of observing | 15 | | his or her child in the child's current educational | 16 | | placement, services, or program or for the purpose of | 17 | | visiting an educational placement or program proposed for | 18 | | the child. | 19 | | (2) An independent educational evaluator or a | 20 | | qualified professional retained by or on behalf of a | 21 | | parent or child must be afforded reasonable access of | 22 | | sufficient duration and scope for the purpose of | 23 | | conducting an evaluation of the child, the child's | 24 | | performance, the child's current educational program, | 25 | | placement, services, or environment, or any educational | 26 | | program, placement, services, or environment proposed for |
| | | 10300HB0340ham001 | - 15 - | LRB103 03867 RJT 70238 a |
|
| 1 | | the child, including interviews of educational personnel, | 2 | | child observations, assessments, tests or assessments of | 3 | | the child's educational program, services, or placement or | 4 | | of any proposed educational program, services, or | 5 | | placement. If one or more interviews of school personnel | 6 | | are part of the evaluation, the interviews must be | 7 | | conducted at a mutually agreed-upon agreed upon time, | 8 | | date, and place that do not interfere with the school | 9 | | employee's school duties. The school district may limit | 10 | | interviews to personnel having information relevant to the | 11 | | child's current educational services, program, or | 12 | | placement or to a proposed educational service, program, | 13 | | or placement. | 14 | | (h) In the development of the individualized education | 15 | | program or federal Section 504 plan for a student, if the | 16 | | student needs extra accommodation during emergencies, | 17 | | including natural disasters or an active shooter situation, | 18 | | then that accommodation shall be taken into account when | 19 | | developing the student's individualized education program or | 20 | | federal Section 504 plan. | 21 | | (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21; | 22 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff. | 23 | | 6-10-22; 103-197, eff. 1-1-24; revised 1-30-24.) | 24 | | (105 ILCS 5/14-8.02f) | 25 | | Sec. 14-8.02f. Individualized education program meeting |
| | | 10300HB0340ham001 | - 16 - | LRB103 03867 RJT 70238 a |
|
| 1 | | protections. | 2 | | (a) (Blank). | 3 | | (b) This subsection (b) 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 | 9 | | guardian with a written notification of the services that | 10 | | require a specific data collection procedure from the school | 11 | | district for services related to the child's individualized | 12 | | education program. The notification must indicate, with a | 13 | | checkbox, whether specific data has been collected for the | 14 | | child's individualized education program services. For | 15 | | purposes of this subsection (b), individualized education | 16 | | program services must include, but are not limited to, | 17 | | paraprofessional support, an extended school year, | 18 | | transportation, therapeutic day school, and services for | 19 | | specific learning disabilities. | 20 | | (c) Beginning on July 1, 2020, no later than 3 school days | 21 | | prior to a meeting to determine a child's eligibility for | 22 | | special education and related services or to review a child's | 23 | | individualized education program, or as soon as possible if an | 24 | | individualized education program meeting is scheduled within 3 | 25 | | school days with the written consent of the child's parent or | 26 | | guardian, the local education agency must provide the child's |
| | | 10300HB0340ham001 | - 17 - | LRB103 03867 RJT 70238 a |
|
| 1 | | parent or guardian copies of all written material that will be | 2 | | considered by the individualized education program team at the | 3 | | meeting so that the parent or guardian may participate in the | 4 | | meeting as a fully-informed team member. The parent or | 5 | | guardian shall have the option of choosing from the available | 6 | | methods of delivery, which must include regular mail and | 7 | | picking up the materials at school. The notice provided to the | 8 | | parent or guardian prior to the meeting pursuant to subsection | 9 | | (g) of Section 14-8.02 shall inform the parent or guardian of | 10 | | the parent's or guardian's right to receive copies of all | 11 | | written material under this subsection (c) and shall provide | 12 | | the date when the written material will be delivered or made | 13 | | available to the parent or guardian. | 14 | | For a meeting to determine the child's eligibility for | 15 | | special education, the written material must include all | 16 | | evaluations and collected data that will be considered at the | 17 | | meeting. For a child who is already eligible for special | 18 | | education and related services, the written material must | 19 | | include a copy of all individualized education program | 20 | | components that will be discussed by the individualized | 21 | | education program team, other than the components related to | 22 | | the educational and related service minutes proposed for the | 23 | | child and the child's placement. | 24 | | Parents shall also be informed of their right to review | 25 | | and copy their child's school student records prior to any | 26 | | special education eligibility or individualized education |
| | | 10300HB0340ham001 | - 18 - | LRB103 03867 RJT 70238 a |
|
| 1 | | program review meeting, subject to the requirements of | 2 | | applicable federal and State law. | 3 | | (d) Local education agencies must make logs that record | 4 | | the delivery of related services administered under the | 5 | | child's individualized education program and the minutes of | 6 | | each type of related service that has been administered | 7 | | available to the child's parent or guardian at any time upon | 8 | | request of the child's parent or guardian. For purposes of | 9 | | this subsection (d), related services for which a log must be | 10 | | made are: speech and language services, occupational therapy | 11 | | services, physical therapy services, school social work | 12 | | services, school counseling services, school psychology | 13 | | services, and school nursing services. The local education | 14 | | agency must inform the child's parent or guardian within 20 | 15 | | school days from the beginning of the school year or upon | 16 | | establishment of an individualized education program of his or | 17 | | her ability to request those related service logs. | 18 | | (d-5) If, at a meeting to develop or revise a child's | 19 | | individualized education program, the individualized education | 20 | | program team determines that a certain service is required in | 21 | | order for the child to receive a free, appropriate public | 22 | | education and that service is not implemented within 10 school | 23 | | days after the service was to be initiated as set forth by the | 24 | | child's individualized education program, then the local | 25 | | education agency shall provide the child's parent or guardian | 26 | | with written notification that the service has not yet been |
| | | 10300HB0340ham001 | - 19 - | LRB103 03867 RJT 70238 a |
|
| 1 | | implemented. The notification must be provided to the child's | 2 | | parent or guardian within 3 school days of the local education | 3 | | agency's non-compliance with the child's individualized | 4 | | education program and must inform the parent or guardian about | 5 | | the school district's procedures for requesting compensatory | 6 | | services. In this subsection (d-5), "school days" does not | 7 | | include days where a child is absent from school for reasons | 8 | | unrelated to a lack of individualized education program | 9 | | services or when the service is available, but the child is | 10 | | unavailable. | 11 | | (e) The State Board of Education may create a telephone | 12 | | hotline to address complaints regarding the special education | 13 | | services or lack of special education services of a school | 14 | | district subject to this Section. If a hotline is created, it | 15 | | must be available to all students enrolled in the school | 16 | | district, parents or guardians of those students, and school | 17 | | personnel. If a hotline is created, any complaints received | 18 | | through the hotline must be registered and recorded with the | 19 | | State Board's monitor of special education policies. No | 20 | | student, parent or guardian, or member of school personnel may | 21 | | be retaliated against for submitting a complaint through a | 22 | | telephone hotline created by the State Board under this | 23 | | subsection (e). | 24 | | (f) A school district subject to this Section may not use | 25 | | any measure that would prevent or delay an individualized | 26 | | education program team from adding a service to the program or |
| | | 10300HB0340ham001 | - 20 - | LRB103 03867 RJT 70238 a |
|
| 1 | | create a time restriction in which a service is prohibited | 2 | | from being added to the program. The school district may not | 3 | | build functions into its computer software that would remove | 4 | | any services from a student's individualized education program | 5 | | without the approval of the program team and may not prohibit | 6 | | the program team from adding a service to the program. | 7 | | (Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; | 8 | | 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.) | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.". |
|