Bill Title: Reinserts the provisions of the introduced bill with the following changes: Allows a student's (instead of child's) individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to emergency placements in nonpublic special education facilities that are not approved by the State Board of Education. Provides that a school district may place a student in a nonpublic special education facility providing educational services within the facility, but not approved by the State Board of Education, under specified circumstances. Removes provisions that provide that a school district has no obligation to pay a residential facility unless and until specified proof is provided to the satisfaction of the State Board of Education. Removes provisions that provide that if the State Board of Education denies approval in writing or does not respond to a facility's or resident district's request for approval within 10 days after the request is submitted to the State Board of Education, the matter shall be referred to the Community and Residential Services Authority, which shall make the determination and notify the facility or resident district and the State Board of Education within 10 days after the Authority receives the referral. Provides that emergency placement in an approved facility may continue so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education. Removes changes to provisions concerning placement in a residential facility and payment of educational costs and provisions concerning the Community and Residential Services Authority. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2022-04-22 - Public Act . . . . . . . . . 102-0703 [HB4365 Detail]

Text: Latest bill text (Chaptered) [HTML]

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