Full Text of HB0340 103rd General Assembly
HB0340ham002 103RD GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 4/2/2024 | | 10300HB0340ham002 | | LRB103 03867 RJT 71730 a |
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| 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 Section | 5 | | 14-8.02f as follows: | 6 | | (105 ILCS 5/14-8.02f) | 7 | | Sec. 14-8.02f. Individualized education program meeting | 8 | | protections. | 9 | | (a) (Blank). | 10 | | (b) This subsection (b) applies only to a school district | 11 | | organized under Article 34. No later than 10 calendar days | 12 | | prior to a child's individualized education program meeting or | 13 | | as soon as possible if a meeting is scheduled within 10 | 14 | | calendar days with written parental consent, the school board | 15 | | or school personnel must provide the child's parent or | 16 | | guardian with a written notification of the services that |
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| 1 | | require a specific data collection procedure from the school | 2 | | district for services related to the child's individualized | 3 | | education program. The notification must indicate, with a | 4 | | checkbox, whether specific data has been collected for the | 5 | | child's individualized education program services. For | 6 | | purposes of this subsection (b), individualized education | 7 | | program services must include, but are not limited to, | 8 | | paraprofessional support, an extended school year, | 9 | | transportation, therapeutic day school, and services for | 10 | | specific learning disabilities. | 11 | | (c) Beginning on July 1, 2020, no later than 3 school days | 12 | | prior to a meeting to determine a child's eligibility for | 13 | | special education and related services or to review a child's | 14 | | individualized education program, or as soon as possible if an | 15 | | individualized education program meeting is scheduled within 3 | 16 | | school days with the written consent of the child's parent or | 17 | | guardian, the local education agency must provide the child's | 18 | | parent or guardian copies of all written material that will be | 19 | | considered by the individualized education program team at the | 20 | | meeting so that the parent or guardian may participate in the | 21 | | meeting as a fully-informed team member. The parent or | 22 | | guardian shall have the option of choosing from the available | 23 | | methods of delivery, which must include regular mail and | 24 | | picking up the materials at school. The notice provided to the | 25 | | parent or guardian prior to the meeting pursuant to subsection | 26 | | (g) of Section 14-8.02 shall inform the parent or guardian of |
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| 1 | | the parent's or guardian's right to receive copies of all | 2 | | written material under this subsection (c) and shall provide | 3 | | the date when the written material will be delivered or made | 4 | | available to the parent or guardian. | 5 | | For a meeting to determine the child's eligibility for | 6 | | special education, the written material must include all | 7 | | evaluations and collected data that will be considered at the | 8 | | meeting. For a child who is already eligible for special | 9 | | education and related services, the written material must | 10 | | include a copy of all individualized education program | 11 | | components that will be discussed by the individualized | 12 | | education program team, other than the components related to | 13 | | the educational and related service minutes proposed for the | 14 | | child and the child's placement. | 15 | | Parents shall also be informed of their right to review | 16 | | and copy their child's school student records prior to any | 17 | | special education eligibility or individualized education | 18 | | program review meeting, subject to the requirements of | 19 | | applicable federal and State law. | 20 | | (d) Local education agencies must make logs that record | 21 | | the delivery of related services administered under the | 22 | | child's individualized education program and the minutes of | 23 | | each type of related service that has been administered | 24 | | available to the child's parent or guardian at any time upon | 25 | | request of the child's parent or guardian. For purposes of | 26 | | this subsection (d), related services for which a log must be |
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| 1 | | made are: speech and language services, occupational therapy | 2 | | services, physical therapy services, school social work | 3 | | services, school counseling services, school psychology | 4 | | services, and school nursing services. The local education | 5 | | agency must inform the child's parent or guardian within 20 | 6 | | school days from the beginning of the school year or upon | 7 | | establishment of an individualized education program of his or | 8 | | her ability to request those related service logs. | 9 | | (d-5) If, at a meeting to develop or revise a child's | 10 | | individualized education program, the individualized education | 11 | | program team determines that a certain service is required in | 12 | | order for the child to receive a free, appropriate public | 13 | | education and that service is not implemented within 10 school | 14 | | days after the service was to be initiated as set forth by the | 15 | | child's individualized education program, then the local | 16 | | education agency shall provide the child's parent or guardian | 17 | | with written notification that the service has not yet been | 18 | | implemented. The notification must be provided to the child's | 19 | | parent or guardian within 3 school days of the local education | 20 | | agency's non-compliance with the child's individualized | 21 | | education program and must inform the parent or guardian about | 22 | | the school district's procedures for requesting compensatory | 23 | | services. In this subsection (d-5), "school days" does not | 24 | | include days where a child is absent from school for reasons | 25 | | unrelated to a lack of individualized education program | 26 | | services or when the service is available, but the child is |
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| 1 | | unavailable. | 2 | | (e) The State Board of Education may create a telephone | 3 | | hotline to address complaints regarding the special education | 4 | | services or lack of special education services of a school | 5 | | district subject to this Section. If a hotline is created, it | 6 | | must be available to all students enrolled in the school | 7 | | district, parents or guardians of those students, and school | 8 | | personnel. If a hotline is created, any complaints received | 9 | | through the hotline must be registered and recorded with the | 10 | | State Board's monitor of special education policies. No | 11 | | student, parent or guardian, or member of school personnel may | 12 | | be retaliated against for submitting a complaint through a | 13 | | telephone hotline created by the State Board under this | 14 | | subsection (e). | 15 | | (f) A school district subject to this Section may not use | 16 | | any measure that would prevent or delay an individualized | 17 | | education program team from adding a service to the program or | 18 | | create a time restriction in which a service is prohibited | 19 | | from being added to the program. The school district may not | 20 | | build functions into its computer software that would remove | 21 | | any services from a student's individualized education program | 22 | | without the approval of the program team and may not prohibit | 23 | | the program team from adding a service to the program. | 24 | | (Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; | 25 | | 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.) |
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.". |
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