Full Text of HB4822 95th General Assembly
HB4822eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 14-8.03 as follows:
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| (105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)
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| Sec. 14-8.03. Transition goals, supports, and services.
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| (a) For purposes of this Section, "transition services" | 9 |
| means a coordinated set of activities for a child with a | 10 |
| disability that (i) is designed to be within a results-oriented | 11 |
| process that is focused on improving the academic and | 12 |
| functional achievement of the child with a disability to | 13 |
| facilitate the child's movement from school to post-school | 14 |
| activities, including post-secondary education, vocational | 15 |
| education, integrated employment (including supported | 16 |
| employment), continuing and adult education, adult services, | 17 |
| independent living, or community participation; (ii) is based | 18 |
| on the individual child's needs, taking into account the | 19 |
| child's strengths, preferences, and interests; and (iii) | 20 |
| includes instruction, related services, community experiences, | 21 |
| the development of employment and other post-school adult | 22 |
| living objectives, and, if appropriate, acquisition of daily | 23 |
| living skills, benefits planning, work incentives education, |
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| and the provision of a functional vocational evaluation. | 2 |
| Transition services for a child with a disability may be | 3 |
| special education, if provided as specially designed | 4 |
| instruction, or a related service if required to assist a child | 5 |
| with a disability to benefit from special education. | 6 |
| (a-5) Beginning no later than the first individualized | 7 |
| education plan (IEP) in effect when the student turns age 14 | 8 |
| 1/2 (or younger if determined appropriate by the IEP Team) and | 9 |
| updated annually thereafter, the IEP must include (i) | 10 |
| measurable post-secondary goals based upon age-appropriate | 11 |
| transition assessments and other information available | 12 |
| regarding the student that are related to training, education, | 13 |
| employment, and, where appropriate, independent living skills | 14 |
| and (ii) the transition services needed to assist the student | 15 |
| in reaching those goals, including courses of study. A school | 16 |
| district shall consider, and develop when needed, the
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| transition goals and supports for eligible students with
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| disabilities not later than the school
year in which the | 19 |
| student reaches age 14 1/2 at the individualized education
plan | 20 |
| meeting and provide services as identified on the
student's | 21 |
| individualized
education plan. Transition goals shall
be based | 22 |
| on appropriate
evaluation procedures and information, take | 23 |
| into consideration the
preferences of the student and his or | 24 |
| her parents or guardian, be
outcome-oriented, and include | 25 |
| employment,
post-secondary
education, and community living | 26 |
| alternatives. Consideration of these goals
shall result in the |
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| clarification of a school district's responsibility to
deliver | 2 |
| specific educational services such as vocational training and | 3 |
| community
living skills instruction.
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| (b) Transition planning must be conducted as part of the | 5 |
| IEP process and must be governed by the procedures applicable | 6 |
| to the development, review, and revision of the IEP, including | 7 |
| notices to the parents and student, parent and student | 8 |
| participation, and annual review. To appropriately assess and | 9 |
| develop IEP transition goals and transition services for a | 10 |
| child with a disability plan for the student's transition | 11 |
| needs ,
additional participants individualized education plan | 12 |
| team members may be
necessary
and may be invited asked by the | 13 |
| school district , parent, or student to participate assist in | 14 |
| the transition planning process.
Additional participants | 15 |
| individualized education plan team members
may include without | 16 |
| limitation a
representative from the Department of Human | 17 |
| Services or another State agency ,
a case coordinator, or | 18 |
| persons representing other public or community agencies or
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| services , such as adult service providers or public community | 20 |
| colleges . The IEP individualized education plan shall identify | 21 |
| specify
each person
responsible for coordinating and
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| delivering transition services. If the IEP team determines that | 23 |
| the student requires transition services from a public or | 24 |
| private entity outside of the school district, the IEP team | 25 |
| shall identify potential outside resources, assign one or more | 26 |
| IEP team members to contact the appropriate outside entities, |
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| make the necessary referrals, provide any information and | 2 |
| documents necessary to complete the referral, follow up with | 3 |
| the entity to ensure that the student has been successfully | 4 |
| linked to the entity, and monitor the student's progress to | 5 |
| determine if the student's IEP transition goals and benchmarks | 6 |
| are being met. The student's IEP shall indicate one or more | 7 |
| specific time periods during the school year when the IEP team | 8 |
| shall review the services provided by the outside entity and | 9 |
| the student's progress in such activities. The public school's | 10 |
| responsibility for
delivering educational services does not | 11 |
| extend beyond the time the student
leaves school or when the | 12 |
| student's eligibility ends due to age under this Article | 13 |
| student reaches age 21 .
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| (c) A school district shall submit annually a summary of | 15 |
| each eligible
student's IEP transition goals and transition | 16 |
| services needed supports resulting from the IEP Team
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| individualized education plan
team
meeting to the appropriate | 18 |
| local Transition Planning Committee. If
students with | 19 |
| disabilities who are ineligible for special education services
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| request transition services, local public school districts | 21 |
| shall assist those
students by identifying post-secondary | 22 |
| school goals, delivering appropriate
education services, and | 23 |
| coordinating with other agencies and services for
assistance.
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| (d) Notwithstanding any other rulemaking authority that | 25 |
| may exist, neither the Governor nor any agency or agency head | 26 |
| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions | 2 |
| of this amendatory Act of the 95th General Assembly. If, | 3 |
| however, the Governor believes that rules are necessary to | 4 |
| implement or enforce the provisions of this amendatory Act of | 5 |
| the 95th General Assembly, the Governor may suggest rules to | 6 |
| the General Assembly by filing them with the Clerk of the House | 7 |
| and the Secretary of the Senate and by requesting that the | 8 |
| General Assembly authorize such rulemaking by law, enact those | 9 |
| suggested rules into law, or take any other appropriate action | 10 |
| in the General Assembly's discretion. Nothing contained in this | 11 |
| amendatory Act of the 95th General Assembly shall be | 12 |
| interpreted to grant rulemaking authority under any other | 13 |
| Illinois statute where such authority is not otherwise | 14 |
| explicitly given. For the purposes of this amendatory Act of | 15 |
| the 95th General Assembly, "rules" is given the meaning | 16 |
| contained in Section 1-70 of the Illinois Administrative | 17 |
| Procedure Act, and "agency" and "agency head" are given the | 18 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 19 |
| Administrative Procedure Act to the extent that such | 20 |
| definitions apply to agencies or agency heads under the | 21 |
| jurisdiction of the Governor. | 22 |
| (Source: P.A. 92-452, eff. 8-21-01.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law. |
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