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90_HB1685eng
105 ILCS 5/26-1 from Ch. 122, par. 26-1
Amends the School Code. Makes changes of style in the
provisions relating to compulsory school age.
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1 AN ACT to amend the School Code by changing Sections
2 2-3.64, 14-3.01, and 22-23 and adding Section 14-8.02b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.64, 14-3.01, and 22-23 and adding Section
7 14-8.02b as follows:
8 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
9 Sec. 2-3.64. State goals and assessment.
10 (a) Beginning in the 1992-93 school year, the State
11 Board of Education shall establish standards and annually,
12 through the 1997-1998 school year, assess the performance
13 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
14 grades in language arts (reading and writing) and
15 mathematics; and (ii) all pupils enrolled in the 4th, 7th,
16 and 11th grades in the biological, physical, and social
17 sciences. Beginning in the 1998-1999 1995-96 school year,
18 the State Board of Education shall establish standards and
19 periodically, in collaboration with local school districts,
20 conduct, through the 1997-1998 school year, studies of
21 student performance in the learning areas of fine arts and
22 physical development/health. Beginning with the 1998-1999
23 school year, the State Board of Education shall annually
24 assess the performance of: (i) all pupils enrolled in the
25 3rd, and 5th, 8th, and 10th grades in English language arts
26 (reading and writing) the basic subjects of reading, writing,
27 and mathematics; and (ii) all pupils enrolled in the 4th,
28 7th, and 11th grades in the biological and physical sciences
29 and the social sciences. The State Board of Education shall
30 establish, in final form and within one year after the
31 effective date of this amendatory Act of 1996, the academic
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1 standards that are to be applicable to pupils who are subject
2 to State assessment under this Section beginning with the
3 1998-1999 school year. However, the State Board of Education
4 shall not establish any such standards in final form without
5 first providing opportunities for public participation and
6 local input in the development of the final academic
7 standards. Those opportunities shall include a
8 well-publicized period of public comment, public hearings
9 throughout the State, and opportunities to file written
10 comments. Beginning with the 1998-99 school year and
11 thereafter, the State assessment will identify pupils in the
12 3rd grade or 5th grade who do not meet the State standards.
13 If, by performance on the State assessment tests or local
14 assessments or by teacher judgment, a student's performance
15 is determined to be judgement, demonstrate a proficiency
16 level comparable to the average pupil performance 2 or more
17 grades below current placement, the student shall be provided
18 a remediation program developed by the district in
19 consultation with a parent or guardian. Such remediation
20 programs may include, but shall not be limited to, increased
21 or concentrated instructional time, a remedial summer school
22 program of not less than 90 hours, improved instructional
23 approaches, tutorial sessions, retention in grade, and
24 modifications to instructional materials. Each pupil for whom
25 a remediation program is developed under this subsection
26 shall be required to enroll in and attend whatever program
27 the district determines is appropriate for the pupil.
28 Districts may combine students in remediation programs where
29 appropriate and may cooperate with other districts in the
30 design and delivery of those programs. The parent or
31 guardian of a student required to attend a remediation
32 program under this Section shall be given written notice of
33 that requirement by the school district a reasonable time
34 prior to commencement of the remediation program that the
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1 student is to attend. The State shall be responsible for
2 providing school districts with the new and additional
3 funding, under Section 2-3.51.5 or by other or additional
4 means, that is required to enable the districts to operate
5 remediation programs for the pupils who are required to
6 enroll in and attend those programs under this Section. Every
7 individualized educational program as described in Article 14
8 shall identify if the State test or components thereof are
9 appropriate for that student. For those pupils for whom the
10 State test or components thereof are not appropriate, the
11 State Board of Education shall develop rules and regulations
12 governing the administration of alternative assessments
13 prescribed within each student's individualized educational
14 program which are appropriate to the disability of each
15 student. All pupils who are in a State approved transitional
16 bilingual education program or transitional program of
17 instruction shall participate in the State assessment. Any
18 student who has been enrolled in a State approved bilingual
19 education program less than 3 academic years shall be
20 exempted if the student's lack of English as determined by an
21 English language proficiency test would keep the student from
22 understanding the test, and that student's district shall
23 have an alternative assessment program in place for that
24 student. The State Board of Education shall appoint a task
25 force of concerned parents, teachers, school administrators
26 and other professionals to assist in identifying such
27 alternative assessment programs. Reasonable accommodations as
28 prescribed by the State Board of Education shall be provided
29 for individual students in the assessment procedure. All
30 assessment procedures prescribed by the State Board of
31 Education shall require: (i) that each test used for State
32 and local student assessment testing under this Section
33 identify by name the pupil taking the test; (ii) that the
34 name of the pupil taking the test be placed on the test at
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1 the time the test is taken; (iii) that the results or scores
2 of each test taken under this Section by a pupil of the
3 school district be reported to that district and identify by
4 name the pupil who received the reported results or of
5 scores; and (iv) that the results or scores of each test
6 taken under this Section be made available to the parents of
7 the pupil. In addition, beginning with the 1998-1999 school
8 year and in each school year thereafter, all scores received
9 by a student on the Illinois Goals and Assessment Program
10 tests administered in grades 10 and 11 by the State Board of
11 Education under this Section and, beginning with the
12 1999-2000 school year and in each school year thereafter, the
13 scores received by a student on the Prairie State Achievement
14 Examination administered under subsection (c) of this Section
15 shall become part of the student's permanent record and shall
16 be entered therein pursuant to regulations that the State
17 Board of Education shall promulgate for that purpose in
18 accordance with Section 3 and subsection (e) of Section 2 of
19 the Illinois School Student Records Act. Scores received by
20 students on the Illinois Goals and Assessment Program tests
21 administered in other grades shall be placed into students'
22 temporary records. Except as provided in subsection (c) of
23 this Section, the State Board of Education shall establish a
24 common month in each school year for which State testing
25 shall occur to meet the objectives of this Section. However,
26 if the schools of a district are closed and classes are not
27 scheduled during any week that is established by the State
28 Board of Education as the week of the month when State
29 testing under this Section shall occur, the school district
30 may administer the required State testing at any time up to 2
31 weeks following the week established by the State Board of
32 Education for the testing, so long as the school district
33 gives the State Board of Education written notice of its
34 intention to deviate from the established schedule by January
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1 2 of the year in which falls the week established by the
2 State Board of Education for the testing. The maximum time
3 allowed for all actual testing required under this subsection
4 during the school year shall not exceed 25 hours as allocated
5 among the required tests by the State Board of Education.
6 (a-5) The State Board of Education shall review the
7 current assessment testing schedule applicable under
8 subsection (a) on the effective date of this amendatory Act
9 of 1996 and submit a plan to the General Assembly, on or
10 before December 31, 1996, to increase the effectiveness of
11 the State assessment tests administered under that subsection
12 with respect to student diagnosis and to reduce the amount of
13 classroom time spent administering those tests. The General
14 Assembly may enact the recommendations made by the State
15 Board of Education to maximize effectiveness and minimize the
16 hours and grade levels of testing.
17 (b) It shall be the policy of the State to encourage
18 school districts to continuously assess pupil proficiency in
19 the fundamental learning areas in order to: (i) provide
20 timely information on individual students' performance
21 relative to State standards that is adequate to guide
22 instructional strategies; (ii) improve future instruction;
23 and (iii) complement the information provided by the State
24 assessment system described in this Section. Each district's
25 school improvement plan must address specific activities the
26 district intends to implement to assist pupils who by teacher
27 judgment judgement and assessment results as prescribed in
28 subsection (a) of this Section demonstrate that they are not
29 meeting State goals or local objectives. Such activities may
30 include, but shall not be limited to, summer school, extended
31 school day, special homework, tutorial sessions, modified
32 instructional materials, other modifications in the
33 instructional program, reduced class size or retention in
34 grade. To assist school districts in assessing pupil
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1 proficiency in reading in the primary grades, the State Board
2 shall make optional reading inventories for diagnostic
3 purposes available to each school district that requests such
4 assistance. Districts that administer the reading
5 inventories may develop remediation programs for students who
6 perform in the bottom half of the student population. Those
7 remediation programs may be funded by moneys provided under
8 the School Safety and Educational Improvement Block Grant
9 Program established under Section 2-3.51.5. Nothing in this
10 Section shall prevent school districts from implementing
11 testing and remediation policies for grades not required
12 under this Section.
13 (c) Beginning with the 1999-2000 school year, each
14 school district that operates a high school program for
15 students in grades 9 through 12 shall annually administer the
16 a Prairie State Achievement Examination established under
17 this subsection to its 12th grade students as set forth below
18 each year to its 12th grade students. The Prairie State
19 Achievement Examination shall be developed by the State Board
20 of Education to measure student performance in the 5
21 fundamental academic areas of reading, writing, mathematics,
22 science, and social sciences studies. The State Board of
23 Education shall establish the academic standards that are to
24 apply in measuring student performance on the Prairie State
25 Achievement Examination in those 5 fundamental academic
26 areas, including the minimum composite examination score and
27 the minimum score in each area that, taken together, will
28 qualify a student to for purposes of this Section as a score
29 that is excellent. A student whose score on the Prairie State
30 Achievement Examination is determined to be excellent by the
31 State Board of Education shall receive the Prairie State
32 Achievement Award from the State in recognition of the
33 student's excellent performance. Each school district that is
34 subject to the requirements of this subsection (c) shall
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1 afford a graduating student 2 opportunities to take the
2 Prairie State Achievement Examination during the semester in
3 which the student will graduate. The State Board of
4 Education shall annually notify districts of the weeks during
5 which these test administrations shall be required to occur.
6 Each 12th grade student, exclusive of a student whose
7 individualized educational program developed under Article 14
8 identifies does not identify the Prairie State Achievement
9 Examination as inappropriate appropriate for the student,
10 shall be required to take the examination in the final
11 semester before his or her graduation. Score reports for
12 each fundamental academic area shall indicate the score that
13 qualifies as an excellent score on that portion of the
14 examination. Any student who attains a satisfactory
15 composite score but who fails to earn a qualifying score in
16 any one or more of the fundamental academic areas on the
17 initial test administration for the semester during which the
18 student will graduate from high school shall be permitted to
19 retake such portion or portions of the examination during the
20 second test of that semester. Districts shall inform their
21 students of the timelines and procedures applicable to their
22 optional participation in such additional administrations of
23 the Prairie State Achievement Examination., which each school
24 district shall administer to its 12th grade students in
25 January of each school year. The Prairie State Achievement
26 Examination shall be administered by each school district a
27 second time, in March of each school year, for those 12th
28 grade students who fail to receive a score on the January
29 examination that would qualify them to receive the Prairie
30 State Achievement Award and who elect to take the March
31 examination for the purpose of attempting to earn a score
32 that will qualify them to receive that award. Students who
33 will graduate from high school before entering grade 12 shall
34 take the Prairie State Achievement Examination during the
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1 school year in which they will graduate from high school.
2 Students receiving special education services whose
3 individualized educational programs do not identify the
4 Prairie State Achievement Examination as inappropriate
5 appropriate for them nevertheless shall have the option of
6 taking the examination, which shall be administered to those
7 students in accordance with standards adopted by the State
8 Board of Education to accommodate the respective disabilities
9 of those students. A student who successfully completes all
10 other applicable high school graduation requirements but
11 fails to receive a score on the Prairie State Achievement
12 Examination that qualifies the student for receipt of the
13 Prairie State Achievement Award shall nevertheless qualify
14 for the receipt of a regular high school diploma.
15 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
16 eff. 1-24-95; 89-610, eff. 8-6-96.)
17 (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
18 Sec. 14-3.01. Advisory Council. There is hereby created
19 an a special education Advisory Council on the Education of
20 Children with Disabilities for the purpose of providing
21 advice and policy guidance to the Governor, General Assembly
22 and the State Board of Education with respect to special
23 education and related services for children with
24 disabilities. The State Board of Education shall seek the
25 advice of the Advisory Council regarding all rules and
26 regulations related to the education of children with
27 disabilities to be promulgated by the State Board of
28 Education. The State Board shall seek the advice of the
29 Advisory Council on modifications or additions to
30 comprehensive plans submitted under Section 14-4.01. The
31 Council shall consider any rule or regulations or plan
32 submitted to it by the State Board of Education within 60
33 days after its receipt by the chairman.
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1 Additionally, the Advisory Council shall: (a) advise the
2 General Assembly, the Governor, and the State Board of
3 Education on unmet needs in the education of children with
4 disabilities; (b) assist the State Board of Education in
5 developing evaluations and reporting on data to the United
6 States Secretary of Education; (c) advise the State Board of
7 Education relative to qualifications for hearing officers
8 and the rules and procedures for hearings conducted under
9 Section 14-8.02; (d) comment publicly on any rules or
10 regulations proposed by the State regarding the education of
11 children with disabilities and the procedures for
12 distribution of funds under this Act; (e) advise the State
13 Board of Education in developing corrective action plans to
14 address findings identified in federal monitoring reports
15 pursuant to the Individuals with Disabilities Education Act;
16 (f) advise State and local education agencies regarding
17 educational programs and materials that may be provided to
18 children with disabilities to enable them to fully exercise
19 their constitutional and legal rights and entitlements as
20 citizens, including those afforded under the Federal
21 Rehabilitation Act of 1973, as amended, and the Illinois
22 Human Rights Act; and (g) advise the State Board of
23 Education in developing and implementing policies relating
24 to the coordination of services for children with
25 disabilities.
26 The Council as reconstituted under the provisions of this
27 amendatory Act of 1997 shall be composed of 25 voting
28 members. The Coalition of Citizens with Disabilities (the
29 "Coalition") shall appoint 4 persons with disabilities. Each
30 of the 4 Parent Information Centers shall appoint 2 parents
31 of children aged birth through 21 with disabilities. The
32 Executive Director of the Illinois Planning Council on
33 Developmental Disabilities (the "Planning Council") shall
34 appoint one parent of a child aged birth through 21 with
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1 disabilities. The Governor shall appoint one regional
2 superintendent of schools, one representative of an
3 institution of higher education that prepares special
4 education and related services personnel, one teacher of
5 students with disabilities, one superintendent of a public
6 school district, one director of a special education
7 cooperative or special education administrator from a school
8 district of less than 500,000 population, one representative
9 of a public charter school, one representative of a private
10 school serving disabled children, and one representative of a
11 vocational, community, or business organization that provides
12 transition services to children with disabilities. In
13 addition, the Secretary of the Department of Human Services
14 or his or her designee, the Director of Children and Family
15 Services or his or her designee, the Director of Corrections
16 or his or her designee, and the Director of Special
17 Education for Chicago School District #299 or his or her
18 designee shall serve as ex-officio voting members of the
19 Council. The terms of all members serving on the Advisory
20 Council on the effective date of this amendatory Act of 1997
21 shall terminate when a majority of the voting members of the
22 Council, as reconstituted under the provisions of this
23 amendatory Act, have been appointed. However, members of the
24 Council whose terms are so terminated on the effective date
25 of this amendatory Act are eligible for appointment as
26 members of the Council as reconstituted.
27 The members appointed by the Governor, the Parent
28 Information Centers, the Planning Council, and the Coalition
29 shall be appointed within 45 days of the effective date of
30 this amendatory Act of 1997 and shall be citizens of the
31 United States and of this State and shall be selected, as
32 far as practicable, on the basis of their knowledge of, or
33 experience in, the education of children with disabilities.
34 The 4 persons with disabilities and 9 parents of children
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1 aged birth through 21 with disabilities appointed to the
2 Council shall be broadly representative of the population of
3 those with developmental, mental, and physical disabilities,
4 and shall not be current full or part-time employees of
5 school districts, special education cooperatives, regional
6 service areas or centers, or any agency under the
7 jurisdiction of any elected state official. Members shall
8 serve without compensation, but shall be reimbursed in
9 accordance with the State Board of Education's Travel
10 Control Policy for necessary expenses incurred in the
11 performance of their duties.
12 The 4 ex-officio members of the Council shall serve
13 during their term of office. Of the 21 members first
14 appointed by the Governor, the Parent Information Centers,
15 the Planning Council, and the Coalition after the effective
16 date of this amendatory Act, 7 shall serve an initial term
17 of 2 years, 7 shall serve an initial term of 3 years, and 7
18 shall serve an initial term of 4 years. At the first meeting
19 of the newly-appointed Council, lots shall be drawn for 2, 3
20 and 4-year terms in order to ensure staggered terms. After
21 the initial appointments, members appointed by the Governor,
22 the Planning Council, the Coalition, and the Parent
23 Information Centers shall hold office for a term of 4 years.
24 No person shall be appointed to serve more than 2
25 consecutive terms on the Advisory Council. Vacancies shall
26 be filled in like manner for the unexpired balance of the
27 term.
28 The Council shall organize with a chairperson selected by
29 the Council members and shall meet at the call of the
30 chairperson upon 10 days written notice but not less than 4
31 times a year. The Council shall establish such committees
32 and procedures as it deems appropriate to carry out its
33 responsibilities under this Act and the federal Individuals
34 with Disabilities Education Act.
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1 The State Board of Education shall designate an employee
2 to act as executive secretary of the Council and shall
3 furnish all professional and clerical assistance necessary
4 for the performance of its duties. to consist of 15 members
5 appointed by the Governor, who shall hold office for 4 years.
6 No person shall be appointed to serve more than 2 consecutive
7 terms on the Advisory Council. The terms of members serving
8 at the time of this amendatory Act of 1978 are not affected
9 by this amendatory Act. The membership shall include an
10 adult with disabilities, 2 parents of children with
11 disabilities, a consumer representative, a representative of
12 a private provider, a teacher of the disabled, a regional
13 superintendent of an educational service region, a
14 superintendent of a school district, a director of special
15 education from a district of less than 500,000 population, a
16 professional affiliated with an institution of higher
17 education, and a member of the general public and the
18 Director of Special Education for the Chicago Board of
19 Education, as an ex-officio voting member. Of the members
20 appointed after the effective date of this amendatory Act of
21 1978, the Governor shall appoint one member to an initial
22 term of 2 years, one member to an initial term of 3 years and
23 one member to an initial term of 4 years. Vacancies shall be
24 filled in like manner for the unexpired balance of the term.
25 The changes made to this paragraph by this amendatory Act of
26 1995 (i) are made for purposes of changing the name of the
27 Advisory Council and the manner of referring to a portion of
28 its membership, and (ii) are not intended to create a new
29 Advisory Council or to change its existing membership or
30 otherwise disqualify any current member of the Advisory
31 Council from continued membership thereon in accordance with
32 the terms of his or her appointment.
33 Because of the responsibility of the Department of
34 Children and Family Services and the Department of Human
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1 Services for special education programs, the Director of the
2 Department of Children and Family Services and the Secretary
3 of Human Services or their designees shall be ex-officio
4 voting members of the Council. In addition, 2 other persons
5 representing the Department of Human Services shall serve on
6 the Council, one as a voting member and one as a non-voting
7 member.
8 The members appointed shall be citizens of the United
9 States and of this State and shall be selected, as far as
10 practicable, on the basis of their knowledge of, or
11 experience in, problems of the education of children with
12 disabilities.
13 The State Board of Education shall seek the advice of the
14 Advisory Council regarding all rules or regulations related
15 to the education of children with disabilities to be
16 promulgated by it. The State Board shall seek the advice of
17 the Advisory Council on modifications or additions to
18 comprehensive plans submitted under Section 14-4.01.
19 Additionally, the Advisory Council shall; (a) advise the
20 General Assembly, the Governor and the State Board on the
21 unmet needs in the education of children with disabilities,
22 (b) assist the State Board in developing and reporting data
23 and evaluations which may assist the United States
24 Commissioner of Education in the performance of his
25 responsibilities under the Education of the Handicapped Act,
26 (c) advise the State Board relative to qualifications for
27 hearing officers and the rules and procedures for hearings
28 conducted under Section 14-8.02 of this Act, (d) comment
29 publicly on any rules or regulations proposed by the State
30 regarding the education of children with disabilities and the
31 procedures for distribution of funds under this Act, and (e)
32 advise State and local educational agencies regarding
33 educational programs and materials that may be provided to
34 children with disabilities to enable them to fully exercise
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1 their Constitutional and legal rights and entitlements as
2 citizens, including those afforded under the Federal
3 Rehabilitation Act of 1973, as amended, and the Illinois
4 Human Rights Act.
5 The Council shall organize with a chairman selected by
6 the Council members and shall meet at the call of the
7 chairman upon 10 days written notice but not less than 4
8 times a year. The Council shall establish such sub-committees
9 as it deems appropriate to review special education issues
10 including, but not limited to certification, finance and
11 bilingual education. The Council shall consider any rule or
12 regulation or plan submitted to it by the State Board of
13 Education within 60 days after its receipt by the chairman.
14 Members of the Council shall serve without compensation but
15 shall be entitled to reasonable amounts for expenses
16 necessarily incurred in the performance of their duties.
17 The State Board of Education shall designate an employee
18 to act as executive secretary of the Council and shall
19 furnish all professional and clerical assistance necessary
20 for the performance of its powers and duties.
21 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
22 (105 ILCS 5/14-8.02b new)
23 Sec. 14-8.02b. Expedited Hearings. Unless otherwise
24 provided by this Section, the provisions of Section 14-8.02a
25 are applicable to this Section. The State Board of
26 Education shall provide for the conduct of expedited hearings
27 in accordance with the Individuals with Disabilities
28 Education Act, Public Law 105-17, 20 USC Sections 1400 et
29 seq. (hereafter IDEA).
30 An expedited hearing may be requested by:
31 (i) a parent or guardian or student if the student
32 is at least 18 years of age or emancipated, if there is a
33 disagreement with regard to a determination that the
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1 student's behavior was not a manifestation of the
2 student's disability, or if there is a disagreement
3 regarding the district's decision to move the student to
4 an interim alternative educational setting for a weapon
5 and drug violation as defined by IDEA pursuant to Section
6 615 (k)(1)(A)(ii); and
7 (ii) a school district, if school personnel maintain
8 that it is dangerous for the student to be in the current
9 placement (i.e. placement prior to removal to the interim
10 alternative education setting) during the pendency of a
11 due process hearing pursuant to Section 615(K)(F) of
12 IDEA.
13 A school district shall make a request in writing to the
14 State Board of Education and promptly mail a copy of the
15 request to the parents or guardian of the student at the last
16 known address of the parents or guardian. A request made by
17 the parent, guardian, or student shall be made in writing to
18 the superintendent of the school district in which the
19 student resides, who shall forward the request to the State
20 Board of Education within one day of receipt of the request.
21 Upon receipt of the request, the State Board of Education
22 shall appoint a due process hearing officer using a rotating
23 appointment system and shall notify the hearing officer of
24 his or her appointment.
25 A request for an expedited hearing initiated by a
26 district for the sole purpose of moving a student from his or
27 her current placement to an interim alternative educational
28 setting because of dangerous misconduct must be accompanied
29 by all documentation that substantiates the district's
30 position that maintaining the student in his or her current
31 placement is substantially likely to result in injury to the
32 student or to others. Also, the documentation shall include
33 (1) whether the district is represented by legal counsel or
34 intends to retain legal counsel; (2) the matters the
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1 district believes to be in dispute in the case and the
2 specific relief being sought; and (3) the names of all
3 witnesses the district intends to call to testify at the
4 hearing.
5 An expedited hearing requested by the student's parent or
6 guardian to challenge the removal of the student from his or
7 her current placement to an interim alternative educational
8 setting or a manifestation determination made by the district
9 as described in IDEA shall include a written statement as to
10 the reason the parent or guardian believes that the action
11 taken by the district is not supported by substantial
12 evidence and all relevant documentation in the parent's or
13 guardian's possession. Also, the documentation shall include
14 (1) whether the parent or guardian is represented by legal
15 counsel or intends to retain legal counsel; (2) the matters
16 the parent or guardian believes to be in dispute in the case
17 and the specific relief being sought; and (3) the names of
18 all witnesses the parent or guardian intends to call to
19 testify at the hearing.
20 The hearing officer shall not initiate or participate in
21 any ex parte communications with the parties, except to
22 arrange the date, time, and location of the expedited
23 hearing. The hearing officer shall contact the parties one
24 day after appointment and set a hearing date which shall be
25 no later than 4 days after contacting parties. The hearing
26 officer shall disclose and provide to each party any evidence
27 which is intended to be submitted into the hearing record no
28 later than 2 days before the hearing. The length of the
29 hearing shall not exceed 2 days unless good cause is shown.
30 Any party to the hearing shall have the right to (1) be
31 represented by counsel and be accompanied and advised by
32 individuals with special knowledge or training with respect
33 to the problems of children with disabilities, at the party's
34 own expense; (2) present evidence and confront and
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1 cross-examine witnesses; (3) move for the exclusion of
2 witnesses from the hearing until they are called to testify,
3 provided, however, that this provision may not be invoked to
4 exclude the individual designated by a party to assist that
5 party or its representative in the presentation of the case;
6 (4) in accord with the provisions of subsection (g) of
7 Section 14-8.02a, obtain a written or electronic verbatim
8 record of the proceedings; and (5) obtain a written decision,
9 including findings of fact and conclusions of law, within 2
10 days after the conclusion of the hearing.
11 The State Board of Education and the school district
12 shall share equally the costs of providing a written or
13 electronic verbatim record of the proceedings. Any party may
14 request that the hearing officer issue a subpoena to compel
15 the testimony of witnesses or the production of documents
16 relevant to the resolution of the hearing. Whenever a person
17 refuses to comply with any subpoena issued under this
18 Section, the circuit court of the county in which that
19 hearing is pending, on application of the impartial hearing
20 officer or the party requesting the issuance of the subpoena,
21 may compel compliance through the contempt powers of the
22 court in the same manner as if the requirements of a subpoena
23 issued by the court had been disobeyed.
24 The impartial hearing officer shall issue a final written
25 decision, including findings of fact and conclusions of law,
26 within 2 days after the conclusion of the hearing and mail a
27 copy of the decision to the parents, guardian, or student (if
28 the student requests the hearing), the school district, the
29 director of special education, legal representatives of the
30 parties, and the State Board of Education.
31 The hearing officer presiding over the expedited hearing
32 shall hear only that issue or issues identified by IDEA as
33 proper for expedited hearings, leaving all other issues to be
34 heard under a separate request to be initiated and processed
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1 in accordance with the hearing procedures provided for in
2 this Article and in accordance with the implementing
3 regulations.
4 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
5 Sec. 22-23. Sprinkler systems.
6 (a) The provisions of this Section apply to the school
7 board, board of education, board of school directors, board
8 of school inspectors or other governing body of each school
9 district in this State, including special charter districts
10 and districts organized under Article 34.
11 (b) As used in this Section, the term "school
12 construction" means (1) the construction of a new school
13 building, or addition to an existing building, within any
14 period of 30 months, having 7,200 or more square feet the
15 construction of an addition to a school building, and (2) any
16 alteration, as defined in 71 Illinois Administrative Code,
17 Section 400.210, within any period of 30 months, that costs
18 more than 50% of the reproduction cost of the existing
19 building remodeling, renovation or reconstruction project
20 affecting one or more areas of a school building which
21 cumulatively are equal to 50% or more of the square footage
22 of the school building.
23 (c) New areas or uses of buildings not required to be
24 sprinklered under this Section shall be protected with the
25 installation of an automatic fire detection system.
26 (d) (c) Notwithstanding any other provisions of this
27 Act, no school construction shall be commenced in any school
28 district on or after the effective date of this amendatory
29 Act of 1991 unless sprinkler systems are required by, and are
30 installed in accordance with approved plans and
31 specifications in the school building, addition or project
32 areas which constitute school construction as defined in
33 subsection (b). Plans and specifications shall comply with
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1 rules and regulations established by the State Board of
2 Education, and such rules and regulations shall be consistent
3 so far as practicable with nationally recognized standards
4 such as those established by the National Fire Protection
5 Association.
6 (d) Prior to the award of any contract for, or
7 commencement of any school construction, the school board or
8 other governing body of the school district shall submit
9 plans and specifications for installation of sprinkler
10 systems as required by this Section to the appropriate
11 regional superintendent of schools, who shall forward the
12 plans and specifications to the State Board of Education for
13 review and approval.
14 (Source: P.A. 87-652.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming a law.