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| Public Act 101-0515
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| HB3586 Enrolled | LRB101 09750 AXK 54851 b |
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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 Sections |
14-6.01 and 14-8.02f and by adding Section 14-8.02g 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 |
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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. Such notice shall identify the location and
phone |
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number of the office or agent of the school district to whom
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inquiries should be directed regarding the identification, |
assessment and
placement of such children.
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For a school district organized under Article 34 only, |
beginning with the 2019-2020 school year, the school district |
shall, in collaboration with its primary office overseeing |
special education, publish on the school district's publicly |
available website any proposed changes to its special education |
policies, directives, guidelines, or procedures that impact |
the provision of educational or related services to students |
with disabilities or the procedural safeguards afforded to |
students with disabilities or their parents or guardians made |
by the school district or school board. Any policy, directive, |
guideline, or procedural change that impacts those provisions |
or safeguards that is authorized by the school district's |
primary office overseeing special education or any other |
administrative office of the school district must be published |
on the school district's publicly available website no later |
than 45 days before the adoption of that change. Any policy |
directive, guideline, or procedural change that impacts those |
provisions or safeguards that is authorized by the school board |
must be published on the school district's publicly available |
website no later than 30 days before the date of presentation |
to the school board for adoption. The school district's website |
must allow for virtual public comments on proposed special |
education policy, directive, guideline, or procedural changes |
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that impact the provision of educational or related services to |
students with disabilities or the procedural safeguards |
afforded to students with disabilities or their parents or |
guardians from the date of the notification of the proposed |
change on the website until the date the change is adopted by |
the school district or until the date the change is presented |
to the school board for adoption. After the period for public |
comment is closed, the school district must maintain all public |
comments for a period of not less than 2 years from the date |
the special education change is adopted. The public comments |
are subject to the Freedom of Information Act. The school board |
shall, at a minimum, advertise the notice of the change and |
availability for public comment on its website. The State Board |
of Education may add additional reporting requirements for the |
district beyond policy, directive, guideline, or procedural |
changes that impact the provision of educational or related |
services to students with disabilities or the procedural |
safeguards afforded to students with disabilities or their |
parents or guardians if the State Board determines it is in the |
best interest of the students enrolled in the district |
receiving special education services. |
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 |
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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. |
For a school district organized under Article 34 only, the |
school district must make the entirety of its special education |
Procedural Manual and any other guidance documents pertaining |
to special education publicly available, in print and on the |
school district's website, in both English and Spanish. Upon |
request, the school district must make the Procedural Manual |
and other guidance documents available in print in any other |
language and accessible for individuals with disabilities.
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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 |
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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; 100-1112, eff. 8-28-18.)
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(105 ILCS 5/14-8.02f) |
Sec. 14-8.02f. Individualized education program meeting |
protections ; municipality with 1,000,000 or more inhabitants. |
(a) (Blank). This Section only applies to school districts |
organized under Article 34 of this Code. |
(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 |
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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) No later than 3 5 school days prior to a child's |
individualized education program eligibility meeting or |
meeting 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 with 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 written material must include, |
but is not limited to, all evaluations and collected data that |
will be considered at the meeting and, for a child who already |
has an individualized education program, 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 |
educational placement. as soon as possible if a meeting is |
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scheduled within 5 school days with written parental consent, |
the school board or school personnel must provide the child's |
parent or guardian with a draft individualized education |
program. The draft must contain all relevant information |
collected about the child and must include, but is not limited |
to, the program's goals, draft accommodations and |
modifications, copies of all conducted evaluations, and any |
collected data. |
(d) Local education agencies must make related service logs |
that record the type 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 the annual |
review of the child's individualized education program and must |
also provide a copy of the related service logs at any time |
upon request of the child's parent or guardian. 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. If a |
child's individualized education program team determines that |
certain services are required in order for the child to receive |
a free, appropriate public education and those services are not |
administered implemented within 10 school days after a date or |
frequency set forth by the child's individualized education |
program the team's determination, then the local education |
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agency school board shall provide the child's parent or |
guardian with written notification that those services have not |
yet been administered to the child. 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 include information |
on the parent's or guardian's ability to request compensatory |
services. In this subsection (d), "school days" does not |
include days where a child is absent from school for reasons |
unrelated to a lack of individualized education program |
services. |
(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 |
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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.
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(Source: P.A. 100-993, eff. 8-20-18.)
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(105 ILCS 5/14-8.02g new) |
Sec. 14-8.02g. Response to scientific, research-based |
intervention. |
(a) In this Section, "response to scientific, |
research-based intervention" or "multi-tiered systems of |
support" means a tiered process of school support that utilizes |
differentiated instructional strategies for students, provides |
students with scientific, research-based interventions, |
continuously monitors student performance using |
scientifically, research-based progress monitoring |
instruments, and makes educational decisions based on a |
student's response to the interventions. Response to |
scientific, research-based intervention or multi-tiered |
systems of support use a problem-solving method to define the |
problem, analyze the problem using data to determine why there |
is a discrepancy between what is expected and what is |
occurring, establish one or more student performance goals, |
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develop an intervention plan to address the performance goals, |
and delineate how the student's progress will be monitored and |
how implementation integrity will be ensured. |
(b) A school district must utilize response to scientific, |
research-based intervention or multi-tiered systems of support |
as part of an evaluation procedure to determine if a child is |
eligible for special education services due to a specific |
learning disability. A school district may utilize the data |
generated during the response to scientific, research-based |
intervention or multi-tiered systems of support process in an |
evaluation to determine if a child is eligible for special |
education services due to any category of disability. |
(c) The response to scientific, research-based |
intervention or multi-tiered systems of support process must |
involve a collaborative team approach, with the parent or |
guardian of a student being part of the collaborative team. The |
parent or guardian of a student must be involved in the data |
sharing and decision-making processes of support under this |
Section. The State Board of Education may provide guidance to a |
school district and identify available resources related to |
facilitating parental or guardian participation in the |
response to scientific, research-based intervention or |
multi-tiered systems of support process. |
(d) Nothing in this Section affects the responsibility of a |
school district to identify, locate, and evaluate children with |
disabilities who are in need of special education services in |
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accordance with the federal Individuals with Disabilities |
Education Improvement Act of 2004, this Code, or any applicable |
federal or State rules.
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Section 10. The Illinois School Student Records Act is |
amended by changing Section 2 as follows:
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(105 ILCS 10/2) (from Ch. 122, par. 50-2)
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Sec. 2.
As used in this Act,
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(a) "Student" means any person enrolled or previously |
enrolled in a school.
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(b) "School" means any public preschool, day care center,
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kindergarten, nursery, elementary or secondary educational |
institution,
vocational school, special educational facility |
or any other elementary or
secondary educational agency or |
institution and any person, agency or
institution which |
maintains school student records from more than one school,
but |
does not include a private or non-public school.
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(c) "State Board" means the State Board of Education.
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(d) "School Student Record" means any writing or
other |
recorded information concerning a student
and by which a |
student may be individually identified,
maintained by a school |
or at its direction or by an employee of a
school, regardless |
of how or where the information is stored.
The following shall |
not be deemed school student records under
this Act: writings |
or other recorded information maintained by an
employee of a |
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school or other person at the direction of a school for his or
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her exclusive use; provided that all such writings and other |
recorded
information are destroyed not later than the student's |
graduation or permanent
withdrawal from the school; and |
provided further that no such records or
recorded information |
may be released or disclosed to any person except a person
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designated by the school as
a substitute unless they are first |
incorporated
in a school student record and made subject to all |
of the
provisions of this Act.
School student records shall not |
include information maintained by
law enforcement |
professionals working in the school.
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(e) "Student Permanent Record" means the minimum personal
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information necessary to a school in the education of the |
student
and contained in a school student record. Such |
information
may include the student's name, birth date, |
address, grades
and grade level, parents' names and addresses, |
attendance
records, and such other entries as the State Board |
may
require or authorize.
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(f) "Student Temporary Record" means all information |
contained in
a school student record but not contained in
the |
student permanent record. Such information may include
family |
background information, intelligence test scores, aptitude
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test scores, psychological and personality test results, |
teacher
evaluations, and other information of clear relevance |
to the
education of the student, all subject to regulations of |
the State Board.
The information shall include information |
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provided under Section 8.6 of the
Abused and Neglected Child |
Reporting Act and information contained in service logs |
maintained by a local education agency under subsection (d) of |
Section 14-8.02f of the School Code.
In addition, the student |
temporary record shall include information regarding
serious |
disciplinary infractions that resulted in expulsion, |
suspension, or the
imposition of punishment or sanction. For |
purposes of this provision, serious
disciplinary infractions |
means: infractions involving drugs, weapons, or bodily
harm to |
another.
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(g) "Parent" means a person who is the natural parent of |
the
student or other person who has the primary responsibility |
for the
care and upbringing of the student. All rights and |
privileges accorded
to a parent under this Act shall become |
exclusively those of the student
upon his 18th birthday, |
graduation from secondary school, marriage
or entry into |
military service, whichever occurs first. Such
rights and |
privileges may also be exercised by the student
at any time |
with respect to the student's permanent school record.
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(Source: P.A. 92-295, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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