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| Public Act 103-0652
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| HB0340 Enrolled | LRB103 03867 RJT 48873 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
14-8.02f as follows:
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(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, |
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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 |
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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 |
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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 |
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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.)
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