Bill Text: IL HB0340 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Inserts the contents of House Amendment No. 1 but removes a conforming change.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-07-22 - Public Act . . . . . . . . . 103-0652 [HB0340 Detail]

Download: Illinois-2023-HB0340-Enrolled.html

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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,

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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.)