Public Act 103-0652
 
HB0340 EnrolledLRB103 03867 RJT 48873 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section 
14-8.02f as follows:
 
    (105 ILCS 5/14-8.02f)
    Sec. 14-8.02f. Individualized education program meeting 
protections.
    (a) (Blank).
    (b) This subsection (b) applies only to a school district 
organized under Article 34. No later than 10 calendar days 
prior to a child's individualized education program meeting or 
as soon as possible if a meeting is scheduled within 10 
calendar days with written parental consent, the school board 
or school personnel must provide the child's parent or 
guardian with a written notification of the services that 
require a specific data collection procedure from the school 
district for services related to the child's individualized 
education program. The notification must indicate, with a 
checkbox, whether specific data has been collected for the 
child's individualized education program services. For 
purposes of this subsection (b), individualized education 
program services must include, but are not limited to, 
paraprofessional support, an extended school year, 
transportation, therapeutic day school, and services for 
specific learning disabilities.
    (c) Beginning on July 1, 2020, no later than 3 school days 
prior to a meeting to determine a child's eligibility for 
special education and related services or to review a child's 
individualized education program, or as soon as possible if an 
individualized education program meeting is scheduled within 3 
school days with the written consent of the child's parent or 
guardian, the local education agency must provide the child's 
parent or guardian copies of all written material that will be 
considered by the individualized education program team at the 
meeting so that the parent or guardian may participate in the 
meeting as a fully-informed team member. The parent or 
guardian shall have the option of choosing from the available 
methods of delivery, which must include regular mail and 
picking up the materials at school. The notice provided to the 
parent or guardian prior to the meeting pursuant to subsection 
(g) of Section 14-8.02 shall inform the parent or guardian of 
the parent's or guardian's right to receive copies of all 
written material under this subsection (c) and shall provide 
the date when the written material will be delivered or made 
available to the parent or guardian. 
    For a meeting to determine the child's eligibility for 
special education, the written material must include all 
evaluations and collected data that will be considered at the 
meeting. For a child who is already eligible for special 
education and related services, the written material must 
include a copy of all individualized education program 
components that will be discussed by the individualized 
education program team, other than the components related to 
the educational and related service minutes proposed for the 
child and the child's placement. 
    Parents shall also be informed of their right to review 
and copy their child's school student records prior to any 
special education eligibility or individualized education 
program review meeting, subject to the requirements of 
applicable federal and State law. 
    (d) Local education agencies must make logs that record 
the delivery of related services administered under the 
child's individualized education program and the minutes of 
each type of related service that has been administered 
available to the child's parent or guardian at any time upon 
request of the child's parent or guardian. For purposes of 
this subsection (d), related services for which a log must be 
made are: speech and language services, occupational therapy 
services, physical therapy services, school social work 
services, school counseling services, school psychology 
services, and school nursing services. The local education 
agency must inform the child's parent or guardian within 20 
school days from the beginning of the school year or upon 
establishment of an individualized education program of his or 
her ability to request those related service logs. 
    (d-5) If, at a meeting to develop or revise a child's 
individualized education program, the individualized education 
program team determines that a certain service is required in 
order for the child to receive a free, appropriate public 
education and that service is not implemented within 10 school 
days after the service was to be initiated as set forth by the 
child's individualized education program, then the local 
education agency shall provide the child's parent or guardian 
with written notification that the service has not yet been 
implemented. The notification must be provided to the child's 
parent or guardian within 3 school days of the local education 
agency's non-compliance with the child's individualized 
education program and must inform the parent or guardian about 
the school district's procedures for requesting compensatory 
services. In this subsection (d-5), "school days" does not 
include days where a child is absent from school for reasons 
unrelated to a lack of individualized education program 
services or when the service is available, but the child is 
unavailable. 
    (e) The State Board of Education may create a telephone 
hotline to address complaints regarding the special education 
services or lack of special education services of a school 
district subject to this Section. If a hotline is created, it 
must be available to all students enrolled in the school 
district, parents or guardians of those students, and school 
personnel. If a hotline is created, any complaints received 
through the hotline must be registered and recorded with the 
State Board's monitor of special education policies. No 
student, parent or guardian, or member of school personnel may 
be retaliated against for submitting a complaint through a 
telephone hotline created by the State Board under this 
subsection (e). 
    (f) A school district subject to this Section may not use 
any measure that would prevent or delay an individualized 
education program team from adding a service to the program or 
create a time restriction in which a service is prohibited 
from being added to the program. The school district may not 
build functions into its computer software that would remove 
any services from a student's individualized education program 
without the approval of the program team and may not prohibit 
the program team from adding a service to the program. 
(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19; 
101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  7/19/2024