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Public Act 100-1112 | ||||
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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 | ||||
14-6.01 as follows:
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(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
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Sec. 14-6.01. Powers and duties of school boards. School | ||||
boards of
one or more school districts establishing and | ||||
maintaining any of the
educational facilities described in this | ||||
Article shall, in connection
therewith, exercise similar | ||||
powers and duties as are prescribed by law
for the | ||||
establishment, maintenance and management of other recognized
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educational facilities. Such school boards shall include only | ||||
eligible
children in the program and shall comply with all the | ||||
requirements of
this Article and all rules and regulations | ||||
established by the State
Board of Education. Such school boards | ||||
shall accept in part-time
attendance children with | ||||
disabilities of the types
described in Sections
14-1.02 through | ||||
14-1.07 who are enrolled in nonpublic schools. A
request for | ||||
part-time attendance must be submitted by a parent or
guardian | ||||
of the child with a disability and may be made
only to those | ||||
public
schools located in the district where the child | ||||
attending the nonpublic
school resides; however, nothing in |
this Section shall be construed as
prohibiting an agreement | ||
between the district where the child resides
and another public | ||
school district to provide special educational
services if such | ||
an arrangement is deemed more convenient and
economical. | ||
Special education and related services must be provided in | ||
accordance with the student's IEP no later than 10 school | ||
attendance days after notice is provided to the parents | ||
pursuant to Section 300.503 of Title 34 of the Code of Federal | ||
Regulations and implementing rules adopted by the State Board | ||
of Education. Transportation for students in part time | ||
attendance shall be
provided only if required in the child's | ||
individualized educational program
on the basis of the child's | ||
disabling condition or as the
special education
program | ||
location may require.
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Beginning with the 2019-2020 school year, a school board | ||
shall post on its Internet website, if any, and incorporate | ||
into its student handbook or newsletter notice that students | ||
with disabilities who do not qualify for an individualized | ||
education program, as required by the federal Individuals with | ||
Disabilities Education Act and implementing provisions of this | ||
Code, may qualify for services under Section 504 of the federal | ||
Rehabilitation Act of 1973 if the child (i) has a physical or | ||
mental impairment that substantially limits one or more major | ||
life activities, (ii) has a record of a physical or mental | ||
impairment, or (iii) is regarded as having a physical or mental | ||
impairment. A school board shall publish a public notice in its |
newsletter of
general circulation or in the newsletter of | ||
another governmental entity of
general circulation in the | ||
district or if neither is available in the
district, then in a | ||
newspaper of general circulation in the district, the
right of | ||
all children with disabilities to a free
appropriate public | ||
education
as provided under this Code. Such notice shall | ||
identify the location and
phone number of the office or agent | ||
of the school district to whom
inquiries should be directed | ||
regarding the identification, assessment and
placement of such | ||
children.
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School boards shall immediately provide upon request by any | ||
person
written materials and other information that indicates | ||
the specific
policies, procedures, rules and regulations | ||
regarding the identification,
evaluation or educational | ||
placement of children with
disabilities under Section
14-8.02 | ||
of the School Code. Such information shall include information
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regarding all rights and entitlements of such children under | ||
this Code, and
of the opportunity to present complaints with | ||
respect to any matter
relating to educational placement of the | ||
student, or the provision of a
free appropriate public | ||
education and to have an impartial due process
hearing on the | ||
complaint. The notice shall inform the parents or guardian
in | ||
the parents' or guardian's native language, unless it is | ||
clearly not
feasible to do so, of their rights and all | ||
procedures available pursuant to
this Act and federal Public | ||
Law 94-142; it shall be the responsibility of
the State |
Superintendent to develop uniform notices setting forth the
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procedures available under this Act and federal Public Law | ||
94-142, as
amended, to be used by all school boards. The notice | ||
shall also inform the
parents or guardian of the availability | ||
upon request of a list of free or
low-cost legal and other | ||
relevant services available locally to assist
parents or | ||
guardians in exercising rights or entitlements under this Code.
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Any parent or guardian who is deaf, or does not normally | ||
communicate
using spoken English, who participates in a meeting | ||
with a representative
of a local educational agency for the | ||
purposes of developing an
individualized educational program | ||
shall be entitled to the services of
an interpreter.
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No student with a disability or, in a school district | ||
organized under Article 34 of this Code, child with a learning | ||
disability may be denied promotion,
graduation or a general
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diploma on the basis of failing a minimal competency test when | ||
such failure
can be directly related to the disabling
condition | ||
of the student. For the
purpose of this Act, "minimal | ||
competency testing" is defined as tests which
are constructed | ||
to measure the acquisition of skills to or beyond a certain
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defined standard.
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Effective July 1, 1966, high school districts are | ||
financially
responsible for the education of pupils with | ||
disabilities who
are residents in their
districts when such | ||
pupils have reached age 15 but may admit
children with | ||
disabilities into special educational facilities without
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regard to graduation
from the eighth grade after such pupils | ||
have reached the age of 14 1/2 years.
Upon a pupil with a | ||
disability attaining the age of 14 1/2 years,
it shall be
the | ||
duty of the elementary school district in which the pupil | ||
resides to
notify the high school district in which the pupil | ||
resides of the pupil's
current eligibility for special | ||
education services, of the pupil's current
program, and of all | ||
evaluation data upon which the current program is
based. After | ||
an examination of that information the high school district
may | ||
accept the current placement and all subsequent timelines shall | ||
be
governed by the current individualized educational program; | ||
or the high
school district may elect to conduct its own | ||
evaluation and
multidisciplinary staff conference and | ||
formulate its own individualized
educational program, in which | ||
case the procedures and timelines contained
in Section 14-8.02 | ||
shall apply.
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(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16; | ||
100-201, eff. 8-18-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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