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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB1070enr
105 ILCS 5/14-8.05 from Ch. 122, par. 14-8.05
Amends the School Code. Eliminates a requirement that a
school district furnish a copy of its local policies and
procedures relating to the use of behavioral interventions to
parents and guardians of students with individualized
education plans at the beginning of each school year and adds
a requirement for furnishing such copies within 15 days after
the school board amends those policies and procedures.
Effective immediately.
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1 AN ACT to amend the School Code by changing Section
2 14-8.05.
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 Section 14-8.05 as follows:
7 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
8 Sec. 14-8.05. Behavioral intervention.
9 (a) The General Assembly finds and declares that
10 principals and teachers of students with disabilities require
11 training and guidance that provide ways for working
12 successfully with children who have difficulties conforming
13 to acceptable behavioral patterns in order to provide an
14 environment in which learning can occur. It is the intent of
15 the General Assembly:
16 (1) That when behavioral interventions are used,
17 they be used in consideration of the pupil's physical
18 freedom and social interaction, and be administered in a
19 manner that respects human dignity and personal privacy
20 and that ensures a pupil's right to placement in the
21 least restrictive educational environment.
22 (2) That behavioral management plans be developed
23 and used, to the extent possible, in a consistent manner
24 when a local educational agency has placed the pupil in a
25 day or residential setting for education purposes.
26 (3) That a statewide study be conducted of the use
27 of behavioral interventions with students with
28 disabilities receiving special education and related
29 services.
30 (4) That training programs be developed and
31 implemented in institutions of higher education that
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1 train teachers, and that in-service training programs be
2 made available as necessary in school districts, in
3 educational service centers, and by regional
4 superintendents of schools to assure that adequately
5 trained staff are available to work effectively with the
6 behavioral intervention needs of students with
7 disabilities.
8 (b) On or before September 30, 1993, the State
9 Superintendent of Education shall conduct a statewide study
10 of the use of behavioral interventions with students with
11 disabilities receiving special education and related
12 services. The study shall include, but not necessarily be
13 limited to identification of the frequency in the use of
14 behavioral interventions; the number of districts with
15 policies in place for working with children exhibiting
16 continuous serious behavioral problems; how policies, rules,
17 or regulations within districts differ between emergency and
18 routine behavioral interventions commonly practiced; the
19 nature and extent of costs for training provided to personnel
20 for implementing a program of nonaversive behavioral
21 interventions; and the nature and extent of costs for
22 training provided to parents of students with disabilities
23 who would be receiving behavioral interventions. The scope
24 of the study shall be developed by the State Board of
25 Education, in consultation with individuals and groups
26 representing parents, teachers, administrators, and
27 advocates. On or before June 30, 1994, the State Board of
28 Education shall issue guidelines based on the study's
29 findings. The guidelines shall address, but not be limited
30 to, the following: (i) appropriate behavioral interventions,
31 and (ii) how to properly document the need for and use of
32 behavioral interventions in the process of developing
33 individualized education plans for students with
34 disabilities. The guidelines shall be used as a reference to
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1 assist school boards in developing local policies and
2 procedures in accordance with this Section. The State Board
3 of Education, with the advice of parents of students with
4 disabilities and other parents, teachers, administrators,
5 advocates for persons with disabilities, and individuals with
6 knowledge or expertise in the development and implementation
7 of behavioral interventions for persons with disabilities,
8 shall review its behavioral intervention guidelines at least
9 once every 3 years to determine their continuing
10 appropriateness and effectiveness and shall make such
11 modifications in the guidelines as it deems necessary.
12 (c) Each school board must establish and maintain a
13 committee to develop policies and procedures on the use of
14 behavioral interventions for students with disabilities who
15 require behavioral intervention. The policies and procedures
16 shall be adopted and implemented by school boards by January
17 1, 1996 and shall: (i) be developed with the advice of
18 parents with students with disabilities and other parents,
19 teachers, administrators, advocates for persons with
20 disabilities, and individuals with knowledge or expertise in
21 the development and implementation of behavioral
22 interventions for persons with disabilities; (ii) emphasize
23 positive interventions that are designed to develop and
24 strengthen desirable behaviors; (iii) incorporate procedures
25 and methods consistent with generally accepted practice in
26 the field of behavioral intervention; (iv) include criteria
27 for determining when a student with disabilities may require
28 a behavioral intervention plan; (v) reflect that the
29 guidelines of the State Board of Education have been reviewed
30 and considered and provide the address of the State Board of
31 Education so that copies of the State Board of Education
32 behavioral guidelines may be requested; and (vi) include
33 procedures for monitoring the use of restrictive behavioral
34 interventions. Each school board shall (i) furnish a copy of
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1 its local policies and procedures to parents and guardians of
2 all students with individualized education plans within 15
3 days after the policies and procedures have been adopted by
4 the school board, or within 15 days after the school board
5 has amended its policies and procedures, or at the time an
6 individualized education plan is first implemented for the
7 student and at the beginning of each school year thereafter,
8 and (ii) require that each school inform its students of the
9 existence of the policies and procedures annually. Provided,
10 at the annual individualized education plan review, the
11 school board shall (1) explain the local policies and
12 procedures, (2) furnish a copy of the local policies to
13 parents and guardians, and (3) make available, upon request
14 of any parents and guardians, a copy of local procedures.
15 (d) The State Superintendent of Education shall consult
16 with representatives of institutions of higher education and
17 the State Teacher Certification Board in regard to the
18 current training requirements for teachers to ensure that
19 sufficient training is available in appropriate behavioral
20 interventions consistent with professionally accepted
21 practices and standards for people entering the field of
22 education.
23 (Source: P.A. 89-191, eff. 7-21-95.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.