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90_HB1685ham001
LRB9004886THpkam01
1 AMENDMENT TO HOUSE BILL 1685
2 AMENDMENT NO. . Amend House Bill 1685 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 2-3.64, 14-3.01, and 22-23 and adding Section 14-8.02b."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 2-3.64, 14-3.01, and 22-23 and adding Section
10 14-8.02b as follows:
11 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64)
12 Sec. 2-3.64. State goals and assessment.
13 (a) Beginning in the 1992-93 school year, the State
14 Board of Education shall establish standards and annually,
15 through the 1997-1998 school year, assess the performance
16 of: (i) all pupils enrolled in the 3rd, 6th, 8th, and 10th
17 grades in language arts (reading and writing) and
18 mathematics; and (ii) all pupils enrolled in the 4th, 7th,
19 and 11th grades in the biological, physical, and social
20 sciences. Beginning in the 1998-1999 1995-96 school year,
21 the State Board of Education shall establish standards and
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1 periodically, in collaboration with local school districts,
2 conduct, through the 1997-1998 school year, studies of
3 student performance in the learning areas of fine arts and
4 physical development/health. Beginning with the 1998-1999
5 school year, the State Board of Education shall annually
6 assess the performance of: (i) all pupils enrolled in the
7 3rd, and 5th, 8th, and 10th grades in English language arts
8 (reading and writing) the basic subjects of reading, writing,
9 and mathematics; and (ii) all pupils enrolled in the 4th,
10 7th, and 11th grades in the biological and physical sciences
11 and the social sciences. The State Board of Education shall
12 establish, in final form and within one year after the
13 effective date of this amendatory Act of 1996, the academic
14 standards that are to be applicable to pupils who are subject
15 to State assessment under this Section beginning with the
16 1998-1999 school year. However, the State Board of Education
17 shall not establish any such standards in final form without
18 first providing opportunities for public participation and
19 local input in the development of the final academic
20 standards. Those opportunities shall include a
21 well-publicized period of public comment, public hearings
22 throughout the State, and opportunities to file written
23 comments. Beginning with the 1998-99 school year and
24 thereafter, the State assessment will identify pupils in the
25 3rd grade or 5th grade who do not meet the State standards.
26 If, by performance on the State assessment tests or local
27 assessments or by teacher judgment, a student's performance
28 is determined to be judgement, demonstrate a proficiency
29 level comparable to the average pupil performance 2 or more
30 grades below current placement, the student shall be provided
31 a remediation program developed by the district in
32 consultation with a parent or guardian. Such remediation
33 programs may include, but shall not be limited to, increased
34 or concentrated instructional time, a remedial summer school
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1 program of not less than 90 hours, improved instructional
2 approaches, tutorial sessions, retention in grade, and
3 modifications to instructional materials. Each pupil for whom
4 a remediation program is developed under this subsection
5 shall be required to enroll in and attend whatever program
6 the district determines is appropriate for the pupil.
7 Districts may combine students in remediation programs where
8 appropriate and may cooperate with other districts in the
9 design and delivery of those programs. The parent or
10 guardian of a student required to attend a remediation
11 program under this Section shall be given written notice of
12 that requirement by the school district a reasonable time
13 prior to commencement of the remediation program that the
14 student is to attend. The State shall be responsible for
15 providing school districts with the new and additional
16 funding, under Section 2-3.51.5 or by other or additional
17 means, that is required to enable the districts to operate
18 remediation programs for the pupils who are required to
19 enroll in and attend those programs under this Section. Every
20 individualized educational program as described in Article 14
21 shall identify if the State test or components thereof are
22 appropriate for that student. For those pupils for whom the
23 State test or components thereof are not appropriate, the
24 State Board of Education shall develop rules and regulations
25 governing the administration of alternative assessments
26 prescribed within each student's individualized educational
27 program which are appropriate to the disability of each
28 student. All pupils who are in a State approved transitional
29 bilingual education program or transitional program of
30 instruction shall participate in the State assessment. Any
31 student who has been enrolled in a State approved bilingual
32 education program less than 3 academic years shall be
33 exempted if the student's lack of English as determined by an
34 English language proficiency test would keep the student from
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1 understanding the test, and that student's district shall
2 have an alternative assessment program in place for that
3 student. The State Board of Education shall appoint a task
4 force of concerned parents, teachers, school administrators
5 and other professionals to assist in identifying such
6 alternative assessment programs. Reasonable accommodations as
7 prescribed by the State Board of Education shall be provided
8 for individual students in the assessment procedure. All
9 assessment procedures prescribed by the State Board of
10 Education shall require: (i) that each test used for State
11 and local student assessment testing under this Section
12 identify by name the pupil taking the test; (ii) that the
13 name of the pupil taking the test be placed on the test at
14 the time the test is taken; (iii) that the results or scores
15 of each test taken under this Section by a pupil of the
16 school district be reported to that district and identify by
17 name the pupil who received the reported results or of
18 scores; and (iv) that the results or scores of each test
19 taken under this Section be made available to the parents of
20 the pupil. In addition, beginning with the 1998-1999 school
21 year and in each school year thereafter, all scores received
22 by a student on the Illinois Goals and Assessment Program
23 tests administered in grades 10 and 11 by the State Board of
24 Education under this Section and, beginning with the
25 1999-2000 school year and in each school year thereafter, the
26 scores received by a student on the Prairie State Achievement
27 Examination administered under subsection (c) of this Section
28 shall become part of the student's permanent record and shall
29 be entered therein pursuant to regulations that the State
30 Board of Education shall promulgate for that purpose in
31 accordance with Section 3 and subsection (e) of Section 2 of
32 the Illinois School Student Records Act. Scores received by
33 students on the Illinois Goals and Assessment Program tests
34 administered in other grades shall be placed into students'
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1 temporary records. Except as provided in subsection (c) of
2 this Section, the State Board of Education shall establish a
3 common month in each school year for which State testing
4 shall occur to meet the objectives of this Section. However,
5 if the schools of a district are closed and classes are not
6 scheduled during any week that is established by the State
7 Board of Education as the week of the month when State
8 testing under this Section shall occur, the school district
9 may administer the required State testing at any time up to 2
10 weeks following the week established by the State Board of
11 Education for the testing, so long as the school district
12 gives the State Board of Education written notice of its
13 intention to deviate from the established schedule by January
14 2 of the year in which falls the week established by the
15 State Board of Education for the testing. The maximum time
16 allowed for all actual testing required under this subsection
17 during the school year shall not exceed 25 hours as allocated
18 among the required tests by the State Board of Education.
19 (a-5) The State Board of Education shall review the
20 current assessment testing schedule applicable under
21 subsection (a) on the effective date of this amendatory Act
22 of 1996 and submit a plan to the General Assembly, on or
23 before December 31, 1996, to increase the effectiveness of
24 the State assessment tests administered under that subsection
25 with respect to student diagnosis and to reduce the amount of
26 classroom time spent administering those tests. The General
27 Assembly may enact the recommendations made by the State
28 Board of Education to maximize effectiveness and minimize the
29 hours and grade levels of testing.
30 (b) It shall be the policy of the State to encourage
31 school districts to continuously assess pupil proficiency in
32 the fundamental learning areas in order to: (i) provide
33 timely information on individual students' performance
34 relative to State standards that is adequate to guide
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1 instructional strategies; (ii) improve future instruction;
2 and (iii) complement the information provided by the State
3 assessment system described in this Section. Each district's
4 school improvement plan must address specific activities the
5 district intends to implement to assist pupils who by teacher
6 judgment judgement and assessment results as prescribed in
7 subsection (a) of this Section demonstrate that they are not
8 meeting State goals or local objectives. Such activities may
9 include, but shall not be limited to, summer school, extended
10 school day, special homework, tutorial sessions, modified
11 instructional materials, other modifications in the
12 instructional program, reduced class size or retention in
13 grade. To assist school districts in assessing pupil
14 proficiency in reading in the primary grades, the State Board
15 shall make optional reading inventories for diagnostic
16 purposes available to each school district that requests such
17 assistance. Districts that administer the reading
18 inventories may develop remediation programs for students who
19 perform in the bottom half of the student population. Those
20 remediation programs may be funded by moneys provided under
21 the School Safety and Educational Improvement Block Grant
22 Program established under Section 2-3.51.5. Nothing in this
23 Section shall prevent school districts from implementing
24 testing and remediation policies for grades not required
25 under this Section.
26 (c) Beginning with the 1999-2000 school year, each
27 school district that operates a high school program for
28 students in grades 9 through 12 shall annually administer the
29 a Prairie State Achievement Examination established under
30 this subsection to its 12th grade students as set forth below
31 each year to its 12th grade students. The Prairie State
32 Achievement Examination shall be developed by the State Board
33 of Education to measure student performance in the 5
34 fundamental academic areas of reading, writing, mathematics,
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1 science, and social sciences studies. The State Board of
2 Education shall establish the academic standards that are to
3 apply in measuring student performance on the Prairie State
4 Achievement Examination in those 5 fundamental academic
5 areas, including the minimum composite examination score and
6 the minimum score in each area that, taken together, will
7 qualify a student to for purposes of this Section as a score
8 that is excellent. A student whose score on the Prairie State
9 Achievement Examination is determined to be excellent by the
10 State Board of Education shall receive the Prairie State
11 Achievement Award from the State in recognition of the
12 student's excellent performance. Each school district that is
13 subject to the requirements of this subsection (c) shall
14 afford a graduating student 2 opportunities to take the
15 Prairie State Achievement Examination during the semester in
16 which the student will graduate. The State Board of
17 Education shall annually notify districts of the weeks during
18 which these test administrations shall be required to occur.
19 Each 12th grade student, exclusive of a student whose
20 individualized educational program developed under Article 14
21 identifies does not identify the Prairie State Achievement
22 Examination as inappropriate appropriate for the student,
23 shall be required to take the examination in the final
24 semester before his or her graduation. Score reports for
25 each fundamental academic area shall indicate the score that
26 qualifies as an excellent score on that portion of the
27 examination. Any student who attains a satisfactory
28 composite score but who fails to earn a qualifying score in
29 any one or more of the fundamental academic areas on the
30 initial test administration for the semester during which the
31 student will graduate from high school shall be permitted to
32 retake such portion or portions of the examination during the
33 second test of that semester. Districts shall inform their
34 students of the timelines and procedures applicable to their
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1 optional participation in such additional administrations of
2 the Prairie State Achievement Examination., which each school
3 district shall administer to its 12th grade students in
4 January of each school year. The Prairie State Achievement
5 Examination shall be administered by each school district a
6 second time, in March of each school year, for those 12th
7 grade students who fail to receive a score on the January
8 examination that would qualify them to receive the Prairie
9 State Achievement Award and who elect to take the March
10 examination for the purpose of attempting to earn a score
11 that will qualify them to receive that award. Students who
12 will graduate from high school before entering grade 12 shall
13 take the Prairie State Achievement Examination during the
14 school year in which they will graduate from high school.
15 Students receiving special education services whose
16 individualized educational programs do not identify the
17 Prairie State Achievement Examination as inappropriate
18 appropriate for them nevertheless shall have the option of
19 taking the examination, which shall be administered to those
20 students in accordance with standards adopted by the State
21 Board of Education to accommodate the respective disabilities
22 of those students. A student who successfully completes all
23 other applicable high school graduation requirements but
24 fails to receive a score on the Prairie State Achievement
25 Examination that qualifies the student for receipt of the
26 Prairie State Achievement Award shall nevertheless qualify
27 for the receipt of a regular high school diploma.
28 (Source: P.A. 88-192; 88-227; 88-670, eff. 12-2-94; 88-686,
29 eff. 1-24-95; 89-610, eff. 8-6-96.)
30 (105 ILCS 5/14-3.01) (from Ch. 122, par. 14-3.01)
31 Sec. 14-3.01. Advisory Council. There is hereby created
32 an a special education Advisory Council on the Education of
33 Children with Disabilities for the purpose of providing
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1 advice and policy guidance to the Governor, General Assembly
2 and the State Board of Education with respect to special
3 education and related services for children with
4 disabilities. The State Board of Education shall seek the
5 advice of the Advisory Council regarding all rules and
6 regulations related to the education of children with
7 disabilities to be promulgated by the State Board of
8 Education. The State Board shall seek the advice of the
9 Advisory Council on modifications or additions to
10 comprehensive plans submitted under Section 14-4.01. The
11 Council shall consider any rule or regulations or plan
12 submitted to it by the State Board of Education within 60
13 days after its receipt by the chairman.
14 Additionally, the Advisory Council shall: (a) advise the
15 General Assembly, the Governor, and the State Board of
16 Education on unmet needs in the education of children with
17 disabilities; (b) assist the State Board of Education in
18 developing evaluations and reporting on data to the United
19 States Secretary of Education; (c) advise the State Board of
20 Education relative to qualifications for hearing officers
21 and the rules and procedures for hearings conducted under
22 Section 14-8.02; (d) comment publicly on any rules or
23 regulations proposed by the State regarding the education of
24 children with disabilities and the procedures for
25 distribution of funds under this Act; (e) advise the State
26 Board of Education in developing corrective action plans to
27 address findings identified in federal monitoring reports
28 pursuant to the Individuals with Disabilities Education Act;
29 (f) advise State and local education agencies regarding
30 educational programs and materials that may be provided to
31 children with disabilities to enable them to fully exercise
32 their constitutional and legal rights and entitlements as
33 citizens, including those afforded under the Federal
34 Rehabilitation Act of 1973, as amended, and the Illinois
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1 Human Rights Act; and (g) advise the State Board of
2 Education in developing and implementing policies relating
3 to the coordination of services for children with
4 disabilities.
5 The Council as reconstituted under the provisions of this
6 amendatory Act of 1997 shall be composed of 25 voting
7 members. The Coalition of Citizens with Disabilities (the
8 "Coalition") shall appoint 4 persons with disabilities. Each
9 of the 4 Parent Information Centers shall appoint 2 parents
10 of children aged birth through 21 with disabilities. The
11 Executive Director of the Illinois Planning Council on
12 Developmental Disabilities (the "Planning Council") shall
13 appoint one parent of a child aged birth through 21 with
14 disabilities. The Governor shall appoint one regional
15 superintendent of schools, one representative of an
16 institution of higher education that prepares special
17 education and related services personnel, one teacher of
18 students with disabilities, one superintendent of a public
19 school district, one director of a special education
20 cooperative or special education administrator from a school
21 district of less than 500,000 population, one representative
22 of a public charter school, one representative of a private
23 school serving disabled children, and one representative of a
24 vocational, community, or business organization that provides
25 transition services to children with disabilities. In
26 addition, the Secretary of the Department of Human Services
27 or his or her designee, the Director of Children and Family
28 Services or his or her designee, the Director of Corrections
29 or his or her designee, and the Director of Special
30 Education for Chicago School District #299 or his or her
31 designee shall serve as ex-officio voting members of the
32 Council. The terms of all members serving on the Advisory
33 Council on the effective date of this amendatory Act of 1997
34 shall terminate when a majority of the voting members of the
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1 Council, as reconstituted under the provisions of this
2 amendatory Act, have been appointed. However, members of the
3 Council whose terms are so terminated on the effective date
4 of this amendatory Act are eligible for appointment as
5 members of the Council as reconstituted.
6 The members appointed by the Governor, the Parent
7 Information Centers, the Planning Council, and the Coalition
8 shall be appointed within 45 days of the effective date of
9 this amendatory Act of 1997 and shall be citizens of the
10 United States and of this State and shall be selected, as
11 far as practicable, on the basis of their knowledge of, or
12 experience in, the education of children with disabilities.
13 The 4 persons with disabilities and 9 parents of children
14 aged birth through 21 with disabilities appointed to the
15 Council shall be broadly representative of the population of
16 those with developmental, mental, and physical disabilities,
17 and shall not be current full or part-time employees of
18 school districts, special education cooperatives, regional
19 service areas or centers, or any agency under the
20 jurisdiction of any elected state official. Members shall
21 serve without compensation, but shall be reimbursed in
22 accordance with the State Board of Education's Travel
23 Control Policy for necessary expenses incurred in the
24 performance of their duties.
25 The 4 ex-officio members of the Council shall serve
26 during their term of office. Of the 21 members first
27 appointed by the Governor, the Parent Information Centers,
28 the Planning Council, and the Coalition after the effective
29 date of this amendatory Act, 7 shall serve an initial term
30 of 2 years, 7 shall serve an initial term of 3 years, and 7
31 shall serve an initial term of 4 years. At the first meeting
32 of the newly-appointed Council, lots shall be drawn for 2, 3
33 and 4-year terms in order to ensure staggered terms. After
34 the initial appointments, members appointed by the Governor,
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1 the Planning Council, the Coalition, and the Parent
2 Information Centers shall hold office for a term of 4 years.
3 No person shall be appointed to serve more than 2
4 consecutive terms on the Advisory Council. Vacancies shall
5 be filled in like manner for the unexpired balance of the
6 term.
7 The Council shall organize with a chairperson selected by
8 the Council members and shall meet at the call of the
9 chairperson upon 10 day's written notice but not less than 4
10 times a year. The Council shall establish such committees
11 and procedures as it deems appropriate to carry out its
12 responsibilities under this Act and the federal Individuals
13 with Disabilities Education Act.
14 The State Board of Education shall designate an employee
15 to act as executive secretary of the Council and shall
16 furnish all professional and clerical assistance necessary
17 for the performance of its duties. to consist of 15 members
18 appointed by the Governor, who shall hold office for 4 years.
19 No person shall be appointed to serve more than 2 consecutive
20 terms on the Advisory Council. The terms of members serving
21 at the time of this amendatory Act of 1978 are not affected
22 by this amendatory Act. The membership shall include an
23 adult with disabilities, 2 parents of children with
24 disabilities, a consumer representative, a representative of
25 a private provider, a teacher of the disabled, a regional
26 superintendent of an educational service region, a
27 superintendent of a school district, a director of special
28 education from a district of less than 500,000 population, a
29 professional affiliated with an institution of higher
30 education, and a member of the general public and the
31 Director of Special Education for the Chicago Board of
32 Education, as an ex-officio voting member. Of the members
33 appointed after the effective date of this amendatory Act of
34 1978, the Governor shall appoint one member to an initial
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1 term of 2 years, one member to an initial term of 3 years and
2 one member to an initial term of 4 years. Vacancies shall be
3 filled in like manner for the unexpired balance of the term.
4 The changes made to this paragraph by this amendatory Act of
5 1995 (i) are made for purposes of changing the name of the
6 Advisory Council and the manner of referring to a portion of
7 its membership, and (ii) are not intended to create a new
8 Advisory Council or to change its existing membership or
9 otherwise disqualify any current member of the Advisory
10 Council from continued membership thereon in accordance with
11 the terms of his or her appointment.
12 Because of the responsibility of the Department of
13 Children and Family Services and the Department of Human
14 Services for special education programs, the Director of the
15 Department of Children and Family Services and the Secretary
16 of Human Services or their designees shall be ex-officio
17 voting members of the Council. In addition, 2 other persons
18 representing the Department of Human Services shall serve on
19 the Council, one as a voting member and one as a non-voting
20 member.
21 The members appointed shall be citizens of the United
22 States and of this State and shall be selected, as far as
23 practicable, on the basis of their knowledge of, or
24 experience in, problems of the education of children with
25 disabilities.
26 The State Board of Education shall seek the advice of the
27 Advisory Council regarding all rules or regulations related
28 to the education of children with disabilities to be
29 promulgated by it. The State Board shall seek the advice of
30 the Advisory Council on modifications or additions to
31 comprehensive plans submitted under Section 14-4.01.
32 Additionally, the Advisory Council shall; (a) advise the
33 General Assembly, the Governor and the State Board on the
34 unmet needs in the education of children with disabilities,
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1 (b) assist the State Board in developing and reporting data
2 and evaluations which may assist the United States
3 Commissioner of Education in the performance of his
4 responsibilities under the Education of the Handicapped Act,
5 (c) advise the State Board relative to qualifications for
6 hearing officers and the rules and procedures for hearings
7 conducted under Section 14-8.02 of this Act, (d) comment
8 publicly on any rules or regulations proposed by the State
9 regarding the education of children with disabilities and the
10 procedures for distribution of funds under this Act, and (e)
11 advise State and local educational agencies regarding
12 educational programs and materials that may be provided to
13 children with disabilities to enable them to fully exercise
14 their Constitutional and legal rights and entitlements as
15 citizens, including those afforded under the Federal
16 Rehabilitation Act of 1973, as amended, and the Illinois
17 Human Rights Act.
18 The Council shall organize with a chairman selected by
19 the Council members and shall meet at the call of the
20 chairman upon 10 days written notice but not less than 4
21 times a year. The Council shall establish such sub-committees
22 as it deems appropriate to review special education issues
23 including, but not limited to certification, finance and
24 bilingual education. The Council shall consider any rule or
25 regulation or plan submitted to it by the State Board of
26 Education within 60 days after its receipt by the chairman.
27 Members of the Council shall serve without compensation but
28 shall be entitled to reasonable amounts for expenses
29 necessarily incurred in the performance of their duties.
30 The State Board of Education shall designate an employee
31 to act as executive secretary of the Council and shall
32 furnish all professional and clerical assistance necessary
33 for the performance of its powers and duties.
34 (Source: P.A. 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)
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1 (105 ILCS 5/14-8.02b new)
2 Sec. 14-8.02b. Expedited Hearings. Unless otherwise
3 provided by this Section, the provisions of Section 14-8.02a
4 are applicable to this Section. The State Board of
5 Education shall provide for the conduct of expedited hearings
6 in accordance with the Individuals with Disabilities
7 Education Act, Public Law 105-17, 20 USC Sections 1400 et
8 seq. (hereafter IDEA).
9 An expedited hearing may be requested by:
10 (i) a parent or guardian or student if the student
11 is at least 18 years of age or emancipated, if there is a
12 disagreement with regard to a determination that the
13 student's behavior was not a manifestation of the
14 student's disability, or if there is a disagreement
15 regarding the district's decision to move the student to
16 an interim alternative educational setting for a weapon
17 and drug violation as defined by IDEA pursuant to Section
18 615 (k)(1)(A)(ii); and
19 (ii) a school district, if school personnel maintain
20 that it is dangerous for the student to be in the current
21 placement (i.e. placement prior to removal to the interim
22 alternative education setting) during the pendency of a
23 due process hearing pursuant to Section 615(K)(F) of
24 IDEA.
25 A school district shall make a request in writing to the
26 State Board of Education and promptly mail a copy of the
27 request to the parents or guardian of the student at the last
28 known address of the parents or guardian. A request made by
29 the parent, guardian, or student shall be made in writing to
30 the superintendent of the school district in which the
31 student resides, who shall forward the request to the State
32 Board of Education within one day of receipt of the request.
33 Upon receipt of the request, the State Board of Education
34 shall appoint a due process hearing officer using a rotating
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1 appointment system and shall notify the hearing officer of
2 his or her appointment.
3 A request for an expedited hearing initiated by a
4 district for the sole purpose of moving a student from his or
5 her current placement to an interim alternative educational
6 setting because of dangerous misconduct must be accompanied
7 by all documentation that substantiates the district's
8 position that maintaining the student in his or her current
9 placement is substantially likely to result in injury to the
10 student or to others. Also, the documentation shall include
11 (1) whether the district is represented by legal counsel or
12 intends to retain legal counsel; (2) the matters the
13 district believes to be in dispute in the case and the
14 specific relief being sought; and (3) the names of all
15 witnesses the district intends to call to testify at the
16 hearing.
17 An expedited hearing requested by the student's parent or
18 guardian to challenge the removal of the student from his or
19 her current placement to an interim alternative educational
20 setting or a manifestation determination made by the district
21 as described in IDEA shall include a written statement as to
22 the reason the parent or guardian believes that the action
23 taken by the district is not supported by substantial
24 evidence and all relevant documentation in the parent's or
25 guardian's possession. Also, the documentation shall include
26 (1) whether the parent or guardian is represented by legal
27 counsel or intends to retain legal counsel; (2) the matters
28 the parent or guardian believes to be in dispute in the case
29 and the specific relief being sought; and (3) the names of
30 all witnesses the parent or guardian intends to call to
31 testify at the hearing.
32 The hearing officer shall not initiate or participate in
33 any ex parte communications with the parties, except to
34 arrange the date, time, and location of the expedited
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1 hearing. The hearing officer shall contact the parties one
2 day after appointment and set a hearing date which shall be
3 no later than 4 days after contacting parties. The hearing
4 officer shall disclose and provide to each party any evidence
5 which is intended to be submitted into the hearing record no
6 later than 2 days before the hearing. The length of the
7 hearing shall not exceed 2 days unless good cause is shown.
8 Any party to the hearing shall have the right to (1) be
9 represented by counsel and be accompanied and advised by
10 individuals with special knowledge or training with respect
11 to the problems of children with disabilities, at the party's
12 own expense; (2) present evidence and confront and
13 cross-examine witnesses; (3) move for the exclusion of
14 witnesses from the hearing until they are called to testify,
15 provided, however, that this provision may not be invoked to
16 exclude the individual designated by a party to assist that
17 party or its representative in the presentation of the case;
18 (4) in accord with the provisions of subsection (g) of
19 Section 14-8.02a, obtain a written or electronic verbatim
20 record of the proceedings; and (5) obtain a written decision,
21 including findings of fact and conclusions of law, within 2
22 days after the conclusion of the hearing.
23 The State Board of Education and the school district
24 shall share equally the costs of providing a written or
25 electronic verbatim record of the proceedings. Any party may
26 request that the hearing officer issue a subpoena to compel
27 the testimony of witnesses or the production of documents
28 relevant to the resolution of the hearing. Whenever a person
29 refuses to comply with any subpoena issued under this
30 Section, the circuit court of the county in which that
31 hearing is pending, on application of the impartial hearing
32 officer or the party requesting the issuance of the subpoena,
33 may compel compliance through the contempt powers of the
34 court in the same manner as if the requirements of a subpoena
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1 issued by the court had been disobeyed.
2 The impartial hearing officer shall issue a final written
3 decision, including findings of fact and conclusions of law,
4 within 2 days after the conclusion of the hearing and mail a
5 copy of the decision to the parents, guardian, or student (if
6 the student requests the hearing), the school district, the
7 director of special education, legal representatives of the
8 parties, and the State Board of Education.
9 The hearing officer presiding over the expedited hearing
10 shall hear only that issue or issues identified by IDEA as
11 proper for expedited hearings, leaving all other issues to be
12 heard under a separate request to be initiated and processed
13 in accordance with the hearing procedures provided for in
14 this Article and in accordance with the implementing
15 regulations.
16 (105 ILCS 5/22-23) (from Ch. 122, par. 22-23)
17 Sec. 22-23. Sprinkler systems.
18 (a) The provisions of this Section apply to the school
19 board, board of education, board of school directors, board
20 of school inspectors or other governing body of each school
21 district in this State, including special charter districts
22 and districts organized under Article 34.
23 (b) As used in this Section, the term "school
24 construction" means (1) the construction of a new school
25 building, or addition to an existing building, within any
26 period of 30 months, having 7,200 or more square feet the
27 construction of an addition to a school building, and (2) any
28 alteration, as defined in 71 Illinois Administrative Code,
29 Section 400.210, within any period of 30 months, that costs
30 more than 50% of the reproduction cost of the existing
31 building remodeling, renovation or reconstruction project
32 affecting one or more areas of a school building which
33 cumulatively are equal to 50% or more of the square footage
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1 of the school building.
2 (c) New areas or uses of buildings not required to be
3 sprinklered under this Section shall be protected with the
4 installation of an automatic fire detection system.
5 (d) (c) Notwithstanding any other provisions of this
6 Act, no school construction shall be commenced in any school
7 district on or after the effective date of this amendatory
8 Act of 1991 unless sprinkler systems are required by, and are
9 installed in accordance with approved plans and
10 specifications in the school building, addition or project
11 areas which constitute school construction as defined in
12 subsection (b). Plans and specifications shall comply with
13 rules and regulations established by the State Board of
14 Education, and such rules and regulations shall be consistent
15 so far as practicable with nationally recognized standards
16 such as those established by the National Fire Protection
17 Association.
18 (d) Prior to the award of any contract for, or
19 commencement of any school construction, the school board or
20 other governing body of the school district shall submit
21 plans and specifications for installation of sprinkler
22 systems as required by this Section to the appropriate
23 regional superintendent of schools, who shall forward the
24 plans and specifications to the State Board of Education for
25 review and approval.
26 (Source: P.A. 87-652.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming a law.".