97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1795
 
Introduced 2/9/2011, by Sen. Kimberly A. Lightford
 
SYNOPSIS AS INTRODUCED:



                   
105 ILCS 5/2-3.27 from Ch. 122, par. 2-3.27
105 ILCS 5/2-3.53a
105 ILCS 5/2-3.137
105 ILCS 5/2-3.139
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
105 ILCS 5/14C-8 from Ch. 122, par. 14C-8
105 ILCS 5/1C-4 rep.
105 ILCS 5/2-3.9 rep.
105 ILCS 5/13B-35.10 rep.
105 ILCS 5/13B-35.15 rep.
105 ILCS 5/13B-35.20 rep.
105 ILCS 5/13B-40 rep.
105 ILCS 110/6 from Ch. 122, par. 866
105 ILCS 110/5 rep.

 Amends the School Code. Makes changes concerning budgets and accounting practices, the new principal mentoring program, a task force concerning the inspection and review of school facilities, an interagency working group and a task force concerning school wellness policies, the identification, evaluation, and placement of children with disabilities, and transitional bilingual education teacher certification. Repeals Sections concerning a block grant report, granting and suspending teachers' certificates, the Committee of Cooperative Services, and alternative learning opportunities program funding. Amends the Critical Health Problems and Comprehensive Health
Education Act to repeal a Section concerning an advisory committee.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


SB1795LRB097 09902 NHT 50065 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Sections 
52-3.27, 2-3.53a, 2-3.137, 2-3.139, 14-8.02, 14C-8, 18-12, 
626-2a, and 34-8 as follows:




7 (105 ILCS 5/2-3.27) (from Ch. 122, par. 2-3.27)



8 Sec. 2-3.27. Budgets and accounting practices-Forms and 
9procedures. 

10 To formulate and approve forms, procedure and regulations 
11for school
district accounts and budgets required by this Act 
12reflecting the gross
amount of income and expenses, receipts 
13and disbursements and extending a
net surplus or deficit on 
14operating items, to advise and assist the
officers of any 
15district in respect to budgets and accounting practices and
in 
16the formulation and use of such books, records and accounts or 
17other
forms as may be required to comply with the provisions of 
18this Act; to
publish and keep current information pamphlets or 
19manuals in looseleaf form relating to
budgetary and accounting 
20procedure or similar topics; to make all rules and
regulations 
21as may be necessary to carry into effect the provisions of this

22Act relating to budgetary procedure and accounting, such rules 
23and
regulations to include but not to be limited to the 
 
 
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1establishment of a
decimal classification of accounts; to 
2confer with various district, county
and State officials or 
3take such other action as may be reasonably required
to carry 
4out the provisions of this Act relating to budgets and 
5accounting.

6(Source: Laws 1961, p. 31.)


7 (105 ILCS 5/2-3.53a)

8 Sec. 2-3.53a. New principal mentoring program.
9 (a) Beginning on July 1, 2007, and subject to an annual 
10appropriation by the General Assembly, to establish a new 
11principal mentoring program for new principals. Any individual 
12who is first hired as a principal on or after July 1, 2007 
13shall participate in a new principal mentoring program for the 
14duration of his or her first year as a principal and must 
15complete the program in accordance with the requirements 
16established by the State Board of Education by rule or, for a 
17school district created by Article 34 of this Code, in 
18accordance with the provisions of Section 34-18.33 34-18.27 of 
19this Code. School districts created by Article 34 are not 
20subject to the requirements of subsection (b), (c), (d), (e), 
21(f), or (g) of this Section. Any individual who is first hired 
22as a principal on or after July 1, 2008 may participate in a 
23second year of mentoring if it is determined by the State 
24Superintendent of Education that sufficient funding exists for 
25such participation. The new principal mentoring program shall 
 
 
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1match an experienced principal who meets the requirements of 
2subsection (b) of this Section with each new principal in order 
3to assist the new principal in the development of his or her 
4professional growth and to provide guidance.
5 (b) Any individual who has been a principal in Illinois for 
63 or more years and who has demonstrated success as an 
7instructional leader, as determined by the State Board by rule, 
8is eligible to apply to be a mentor under a new principal 
9mentoring program. Mentors shall complete mentoring training 
10by entities approved by the State Board and meet any other 
11requirements set forth by the State Board and by the school 
12district employing the mentor.
13 (c) The State Board shall certify an entity or entities 
14approved to provide training of mentors.
15 (d) A mentor shall be assigned to a new principal based on 
16(i) similarity of grade level or type of school, (ii) learning 
17needs of the new principal, and (iii) geographical proximity of 
18the mentor to the new principal. The principal, in 
19collaboration with the mentor, shall identify areas for 
20improvement of the new principal's professional growth, 
21including, but not limited to, each of the following:
22  (1) Analyzing data and applying it to practice.
23  (2) Aligning professional development and 
24 instructional programs.
25  (3) Building a professional learning community.
26  (4) Observing classroom practices and providing 
 
 
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1 feedback.
2  (5) Facilitating effective meetings.
3  (6) Developing distributive leadership practices.
4  (7) Facilitating organizational change.
5The mentor shall not be required to provide an evaluation of 
6the new principal on the basis of the mentoring relationship.
7 (e) On or before July 1, 2008 and on or after July 1 of each 
8year thereafter, the State Board shall facilitate a review and 
9evaluate the mentoring training program in collaboration with 
10the approved providers. Each new principal and his or her 
11mentor must complete a verification form developed by the State 
12Board in order to certify their completion of a new principal 
13mentoring program.
14 (f) The requirements of this Section do not apply to any 
15individual who has previously served as an assistant principal 
16in Illinois acting under an administrative certificate for 5 or 
17more years and who is hired, on or after July 1, 2007, as a 
18principal by the school district in which the individual last 
19served as an assistant principal, although such an individual 
20may choose to participate in this program or shall be required 
21to participate by the school district.
22 (g) The State Board may adopt any rules necessary for the 
23implementation of this Section.
24 (h) On an annual basis, the State Superintendent of 
25Education shall determine whether appropriations are likely to 
26be sufficient to require operation of the mentoring program for 
 
 
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1the coming year. In doing so, the State Superintendent of 
2Education shall first determine whether it is likely that funds 
3will be sufficient to require operation of the mentoring 
4program for individuals in their first year as principal and 
5shall then determine whether it is likely that funds will be 
6sufficient to require operation of the mentoring program for 
7individuals in their second year as principal.

8(Source: P.A. 96-373, eff. 8-13-09.)



9 (105 ILCS 5/2-3.137)


10 Sec. 2-3.137. Inspection and review of school facilities; 
11task force.

12 (a) The State Board of Education shall adopt rules for the

13documentation of school plan reviews and inspections of school 
14facilities,
including
the responsible individual's signature. 
15Such documents shall be kept on file
by the
regional

16superintendent of schools. The State Board of Education shall 
17also adopt rules for the qualifications of persons performing 
18the reviews and inspections, which must be consistent with the 
19recommendations in the task force's report issued to the 
20Governor and the General Assembly under subsection (b) of this 
21Section. Those qualifications shall include requirements for 
22training, education, and at least 2 years of relevant 
23experience.

24 (a-5) Rules adopted by the State Board of Education in 
25accordance with subsection (a) of this Section shall require 
 
 
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1fees to be collected for use in defraying costs associated with 
2the administration of these and other provisions contained in 
3the Health/Life Safety Code for Public Schools required by 
4Section 2-3.12 of this Code. 
5 (b) (Blank). The State Board of Education shall convene a 
6task force for the
purpose of reviewing the documents required 
7under rules adopted under
subsection (a) of this
Section and 
8making recommendations regarding training and
accreditation
of 
9individuals performing reviews or inspections required under 
10Section
2-3.12,
3-14.20, 3-14.21, or 3-14.22 of this Code, 
11including regional
superintendents of schools and others 
12performing reviews or inspections
under the authority of a 
13regional superintendent (such as consultants,
municipalities, 
14and fire protection districts).

15 The task force shall consist of
all of the following 
16members:

17  (1) The Executive Director of the Capital Development 
18 Board
or his or her designee and a staff representative of 
19 the Division of Building Codes and Regulations.

20  (2) The State Superintendent of Education or his or her

21 designee.

22  (3) A person appointed
by the State Board of Education.

23  (4) A person appointed by an organization representing 
24 school
administrators.

25  (5) A person appointed by
an organization representing 
26 suburban school administrators and school board
members.

 
 
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1  (6) A person appointed by an organization representing 
2 architects.

3  (7) A person appointed by an organization representing 
4 regional
superintendents of schools.

5  (8) A person appointed by an organization representing 
6 fire inspectors.

7  (9) A person appointed by an organization representing 
8 Code
administrators.


9  (10) A person appointed by an organization 
10 representing plumbing
inspectors.

11  (11) A person appointed by an organization that 
12 represents both parents
and teachers.

13  (12) A person appointed by an organization 
14 representing municipal
governments in the State.

15  (13) A person appointed by the State Fire Marshal from 
16 his or her office.

17  (14) A person appointed by an organization 
18 representing fire chiefs.

19  (15) The Director of Public Health or his or her 
20 designee.

21  (16) A person appointed by an organization 
22 representing structural engineers.

23  (17) A person appointed by an organization 
24 representing professional engineers.

25 The task force shall issue a report of its findings to the 
26Governor and the
General Assembly no later than January 1, 
 
 
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12006.

2(Source: P.A. 95-331, eff. 8-21-07; 96-734, eff. 8-25-09.)


3 (105 ILCS 5/2-3.139)

4 Sec. 2-3.139. School wellness policies; taskforce.

5 (a) The State Board of Education shall establish a State 
6goal that all school districts have a wellness policy that is 
7consistent with recommendations of the Centers for Disease 
8Control and Prevention (CDC), which recommendations include 
9the following:
10  (1) nutrition guidelines for all foods sold on school 
11 campus during the school day;
12  (2) setting school goals for nutrition education and 
13 physical activity;
14  (3) establishing community participation in creating 
15 local wellness policies; and
16  (4) creating a plan for measuring implementation of 
17 these wellness policies.
18 The Department of Public Health, the Department of Human 
19Services, and the State Board of Education shall form an 
20interagency working group to publish model wellness policies 
21and recommendations. Sample policies shall be based on CDC 
22recommendations for nutrition and physical activity. The State 
23Board of Education shall distribute the model wellness policies 
24to all school districts before June 1, 2006.
25 (b) (Blank). There is created the School Wellness Policy 
 
 
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1Taskforce, consisting of
the following members:
2  (1) One member representing the State Board of 
3 Education, appointed by the State Board of Education.
4  (2) One member representing the Department of Public 
5 Health, appointed by the Director of Public Health.
6  (3) One member representing the Department of Human 
7 Services, appointed by the Secretary of Human Services.
8  (4) One member of an organization representing the 
9 interests of school nurses in this State, appointed by the 
10 interagency working group.
11  (5) One member of an organization representing the 
12 interests of school administrators in this State, 
13 appointed by the interagency working group.
14  (6) One member of an organization representing the 
15 interests of school boards in this State, appointed by the 
16 interagency working group.
17  (7) One member of an organization representing the 
18 interests of regional superintendents of schools in this 
19 State, appointed by the interagency working group.
20  (8) One member of an organization representing the 
21 interests of parent-teacher associations in this State, 
22 appointed by the interagency working group.
23  (9) One member of an organization representing the 
24 interests of pediatricians in this State, appointed by the 
25 interagency working group.
26  (10) One member of an organization representing the 
 
 
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1 interests of dentists in this State, appointed by the 
2 interagency working group.
3  (11) One member of an organization representing the 
4 interests of dieticians in this State, appointed by the 
5 interagency working group.
6  (12) One member of an organization that has an interest 
7 and expertise in heart disease, appointed by the 
8 interagency working group.
9  (13) One member of an organization that has an interest 
10 and expertise in cancer, appointed by the interagency 
11 working group.
12  (14) One member of an organization that has an interest 
13 and expertise in childhood obesity, appointed by the 
14 interagency working group.
15  (15) One member of an organization that has an interest 
16 and expertise in the importance of physical education and 
17 recreation in preventing disease, appointed by the 
18 interagency working group.
19  (16) One member of an organization that has an interest 
20 and expertise in school food service, appointed by the 
21 interagency working group.
22  (17) One member of an organization that has an interest 
23 and expertise in school health, appointed by the 
24 interagency working group.
25  (18) One member of an organization that campaigns for 
26 programs and policies for healthier school environments, 
 
 
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1 appointed by the interagency working group.
2  (19) One at-large member with a doctorate in nutrition, 
3 appointed by the State Board of Education.
4 Members of the taskforce shall serve without compensation. 
5The taskforce shall meet at the call of the State Board of 
6Education. The taskforce shall report its identification of 
7barriers to implementing school wellness policies and its 
8recommendations to reduce those barriers to the General 
9Assembly and the Governor on or before January 1, 2006. The 
10taskforce shall report its recommendations on statewide school 
11nutrition standards to the General Assembly and the Governor on 
12or before January 1, 2007. The taskforce shall report its 
13evaluation of the effectiveness of school wellness policies to 
14the General Assembly and the Governor on or before January 1, 
152008. The evaluation shall review a sample size of 5 to 10 
16school districts. Reports shall be made to the General Assembly 
17by filing copies of each report as provided in Section 3.1 of 
18the General Assembly Organization Act. Upon the filing of the 
19last report, the taskforce is dissolved.

20 (c) The State Board of Education may adopt any rules 
21necessary to implement this Section.
22 (d) Nothing in this Section may be construed as a 
23curricular mandate on any school district.


24(Source: P.A. 94-199, eff. 7-12-05; 95-331, eff. 8-21-07.)



25 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)


 
 
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1 Sec. 14-8.02. Identification, Evaluation and Placement of 
2Children. 

3 (a) The State Board of Education shall make rules under 
4which local school
boards shall determine the eligibility of 
5children to receive special
education. Such rules shall ensure 
6that a free appropriate public
education be available to all 
7children with disabilities as
defined in
Section 14-1.02. The 
8State Board of Education shall require local school
districts 
9to administer non-discriminatory procedures or tests to

10limited English proficiency students coming from homes in which 
11a language
other than English is used to determine their 
12eligibility to receive special
education. The placement of low 
13English proficiency students in special
education programs and 
14facilities shall be made in accordance with the test
results 
15reflecting the student's linguistic, cultural and special 
16education
needs. For purposes of determining the eligibility of 
17children the State
Board of Education shall include in the 
18rules definitions of "case study",
"staff conference", 
19"individualized educational program", and "qualified

20specialist" appropriate to each category of children with

21disabilities as defined in
this Article. For purposes of 
22determining the eligibility of children from
homes in which a 
23language other than English is used, the State Board of

24Education shall include in the rules
definitions for "qualified 
25bilingual specialists" and "linguistically and
culturally 
26appropriate individualized educational programs". For purposes 
 
 
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1of this
Section, as well as Sections 14-8.02a, 14-8.02b, and 
214-8.02c of this Code,
"parent" means a parent as defined in 
3the federal Individuals with Disabilities Education Act (20 
4U.S.C. 1401(23)).

5 (b) No child shall be eligible for special education 
6facilities except
with a carefully completed case study fully 
7reviewed by professional
personnel in a multidisciplinary 
8staff conference and only upon the
recommendation of qualified 
9specialists or a qualified bilingual specialist, if
available. 
10At the conclusion of the multidisciplinary staff conference, 
11the
parent of the child shall be given a copy of the 
12multidisciplinary
conference summary report and 
13recommendations, which includes options
considered, and be 
14informed of their right to obtain an independent educational

15evaluation if they disagree with the evaluation findings 
16conducted or obtained
by the school district. If the school 
17district's evaluation is shown to be
inappropriate, the school 
18district shall reimburse the parent for the cost of
the 
19independent evaluation. The State Board of Education shall, 
20with advice
from the State Advisory Council on Education of 
21Children with
Disabilities on the
inclusion of specific 
22independent educational evaluators, prepare a list of

23suggested independent educational evaluators. The State Board 
24of Education
shall include on the list clinical psychologists 
25licensed pursuant to the
Clinical Psychologist Licensing Act. 
26Such psychologists shall not be paid fees
in excess of the 
 
 
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1amount that would be received by a school psychologist for

2performing the same services. The State Board of Education 
3shall supply school
districts with such list and make the list 
4available to parents at their
request. School districts shall 
5make the list available to parents at the time
they are 
6informed of their right to obtain an independent educational

7evaluation. However, the school district may initiate an 
8impartial
due process hearing under this Section within 5 days 
9of any written parent
request for an independent educational 
10evaluation to show that
its evaluation is appropriate. If the 
11final decision is that the evaluation
is appropriate, the 
12parent still has a right to an independent educational

13evaluation, but not at public expense. An independent 
14educational
evaluation at public expense must be completed 
15within 30 days of a parent
written request unless the school 
16district initiates an
impartial due process hearing or the 
17parent or school district
offers reasonable grounds to show 
18that such 30 day time period should be
extended. If the due 
19process hearing decision indicates that the parent is entitled 
20to an independent educational evaluation, it must be
completed 
21within 30 days of the decision unless the parent or
the school 
22district offers reasonable grounds to show that such 30 day

23period should be extended. If a parent disagrees with the 
24summary report or
recommendations of the multidisciplinary 
25conference or the findings of any
educational evaluation which 
26results therefrom, the school
district shall not proceed with a 
 
 
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1placement based upon such evaluation and
the child shall remain 
2in his or her regular classroom setting.
No child shall be 
3eligible for admission to a
special class for the educable 
4mentally disabled or for the
trainable
mentally disabled except 
5with a psychological evaluation
and
recommendation by a school 
6psychologist. Consent shall be obtained from
the parent of a 
7child before any evaluation is conducted.
If consent is not 
8given by the parent or if the parent disagrees with the 
9findings of the evaluation, then the school
district may 
10initiate an impartial due process hearing under this Section.

11The school district may evaluate the child if that is the 
12decision
resulting from the impartial due process hearing and 
13the decision is not
appealed or if the decision is affirmed on 
14appeal.
The determination of eligibility shall be made and the 
15IEP meeting shall be completed within 60 school days
from the 
16date of written parental consent. In those instances when 
17written parental consent is obtained with fewer than 60 pupil 
18attendance days left in the school year,
the eligibility 
19determination shall be made and the IEP meeting shall be 
20completed prior to the first day of the
following school year. 
21After a child has been determined to be eligible for a
special 
22education class, such child must be placed in the appropriate

23program pursuant to the individualized educational program by 
24or no
later than the beginning of the next school semester. The 
25appropriate
program pursuant to the individualized educational 
26program of students
whose native tongue is a language other 
 
 
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1than English shall reflect the
special education, cultural and 
2linguistic needs. No later than September
1, 1993, the State 
3Board of Education shall establish standards for the

4development, implementation and monitoring of appropriate 
5bilingual special
individualized educational programs. The 
6State Board of Education shall
further incorporate appropriate 
7monitoring procedures to verify implementation
of these 
8standards. The district shall indicate to the parent and
the 
9State Board of Education the nature of the services the child 
10will receive
for the regular school term while waiting 
11placement in the appropriate special
education class.

12 If the child is deaf, hard of hearing, blind, or visually 
13impaired and
he or she might be eligible to receive services 
14from the Illinois School for
the Deaf or the Illinois School 
15for the Visually Impaired, the school
district shall notify the 
16parents, in writing, of the existence of
these schools
and the 
17services
they provide and shall make a reasonable effort to 
18inform the parents of the existence of other, local schools 
19that provide similar services and the services that these other 
20schools provide. This notification
shall
include without 
21limitation information on school services, school
admissions 
22criteria, and school contact information.

23 In the development of the individualized education program 
24for a student who has a disability on the autism spectrum 
25(which includes autistic disorder, Asperger's disorder, 
26pervasive developmental disorder not otherwise specified, 
 
 
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1childhood disintegrative disorder, and Rett Syndrome, as 
2defined in the Diagnostic and Statistical Manual of Mental 
3Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall 
4consider all of the following factors:
5  (1) The verbal and nonverbal communication needs of the 
6 child.
7  (2) The need to develop social interaction skills and 
8 proficiencies.
9  (3) The needs resulting from the child's unusual 
10 responses to sensory experiences.
11  (4) The needs resulting from resistance to 
12 environmental change or change in daily routines.
13  (5) The needs resulting from engagement in repetitive 
14 activities and stereotyped movements.
15  (6) The need for any positive behavioral 
16 interventions, strategies, and supports to address any 
17 behavioral difficulties resulting from autism spectrum 
18 disorder.
19  (7) Other needs resulting from the child's disability 
20 that impact progress in the general curriculum, including 
21 social and emotional development.
22Public Act 95-257
does not create any new entitlement to a 
23service, program, or benefit, but must not affect any 
24entitlement to a service, program, or benefit created by any 
25other law.

26 If the student may be eligible to participate in the 
 
 
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1Home-Based Support
Services Program for Mentally Disabled 
2Adults authorized under the
Developmental Disability and 
3Mental Disability Services Act upon becoming an
adult, the 
4student's individualized education program shall include plans 
5for
(i) determining the student's eligibility for those 
6home-based services, (ii)
enrolling the student in the program 
7of home-based services, and (iii)
developing a plan for the 
8student's most effective use of the home-based
services after 
9the student becomes an adult and no longer receives special

10educational services under this Article. The plans developed 
11under this
paragraph shall include specific actions to be taken 
12by specified individuals,
agencies, or officials.

13 (c) In the development of the individualized education 
14program for a
student who is functionally blind, it shall be 
15presumed that proficiency in
Braille reading and writing is 
16essential for the student's satisfactory
educational progress. 
17For purposes of this subsection, the State Board of
Education 
18shall determine the criteria for a student to be classified as

19functionally blind. Students who are not currently identified 
20as
functionally blind who are also entitled to Braille 
21instruction include:
(i) those whose vision loss is so severe 
22that they are unable to read and
write at a level comparable to 
23their peers solely through the use of
vision, and (ii) those 
24who show evidence of progressive vision loss that
may result in 
25functional blindness. Each student who is functionally blind

26shall be entitled to Braille reading and writing instruction 
 
 
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1that is
sufficient to enable the student to communicate with 
2the same level of
proficiency as other students of comparable 
3ability. Instruction should be
provided to the extent that the 
4student is physically and cognitively able
to use Braille. 
5Braille instruction may be used in combination with other

6special education services appropriate to the student's 
7educational needs.
The assessment of each student who is 
8functionally blind for the purpose of
developing the student's 
9individualized education program shall include
documentation 
10of the student's strengths and weaknesses in Braille skills.

11Each person assisting in the development of the individualized 
12education
program for a student who is functionally blind shall 
13receive information
describing the benefits of Braille 
14instruction. The individualized
education program for each 
15student who is functionally blind shall
specify the appropriate 
16learning medium or media based on the assessment
report.

17 (d) To the maximum extent appropriate, the placement shall 
18provide the
child with the opportunity to be educated with 
19children who are not
disabled; provided that children with

20disabilities who are recommended to be
placed into regular 
21education classrooms are provided with supplementary
services 
22to assist the children with disabilities to benefit
from the 
23regular
classroom instruction and are included on the teacher's 
24regular education class
register. Subject to the limitation of 
25the preceding sentence, placement in
special classes, separate 
26schools or other removal of the disabled child
from the regular 
 
 
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1educational environment shall occur only when the nature of
the 
2severity of the disability is such that education in the

3regular classes with
the use of supplementary aids and services 
4cannot be achieved satisfactorily.
The placement of limited 
5English proficiency students with disabilities shall
be in 
6non-restrictive environments which provide for integration 
7with
non-disabled peers in bilingual classrooms. Annually, 
8each January, school districts shall report data on students 
9from non-English
speaking backgrounds receiving special 
10education and related services in
public and private facilities 
11as prescribed in Section 2-3.30. If there
is a disagreement 
12between parties involved regarding the special education

13placement of any child, either in-state or out-of-state, the 
14placement is
subject to impartial due process procedures 
15described in Article 10 of the
Rules and Regulations to Govern 
16the Administration and Operation of Special
Education.

17 (e) No child who comes from a home in which a language 
18other than English
is the principal language used may be 
19assigned to any class or program
under this Article until he 
20has been given, in the principal language
used by the child and 
21used in his home, tests reasonably related to his
cultural 
22environment. All testing and evaluation materials and 
23procedures
utilized for evaluation and placement shall not be 
24linguistically, racially or
culturally discriminatory.

25 (f) Nothing in this Article shall be construed to require 
26any child to
undergo any physical examination or medical 
 
 
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1treatment whose parents object thereto on the grounds that such 
2examination or
treatment conflicts with his religious beliefs.

3 (g) School boards or their designee shall provide to the 
4parents of a child prior written notice of any decision (a) 
5proposing
to initiate or change, or (b) refusing to initiate or 
6change, the
identification, evaluation, or educational 
7placement of the child or the
provision of a free appropriate 
8public education to their child, and the
reasons therefor. Such 
9written notification shall also inform the
parent of the 
10opportunity to present complaints with respect
to any matter 
11relating to the educational placement of the student, or
the 
12provision of a free appropriate public education and to have an

13impartial due process hearing on the complaint. The notice 
14shall inform
the parents in the parents' native language,

15unless it is clearly not feasible to do so, of their rights and 
16all
procedures available pursuant to this Act and the federal 
17Individuals with Disabilities Education Improvement Act of 
182004 (Public Law 108-446); it
shall be the responsibility of 
19the State Superintendent to develop
uniform notices setting 
20forth the procedures available under this Act
and the federal 
21Individuals with Disabilities Education Improvement Act of 
222004 (Public Law 108-446) to be used by all school boards. The 
23notice
shall also inform the parents of the availability upon

24request of a list of free or low-cost legal and other relevant 
25services
available locally to assist parents in initiating an

26impartial due process hearing. Any parent who is deaf, or
does 
 
 
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1not normally communicate using spoken English, who 
2participates in
a meeting with a representative of a local 
3educational agency for the
purposes of developing an 
4individualized educational program shall be
entitled to the 
5services of an interpreter.

6 (g-5) For purposes of this subsection (g-5), "qualified 
7professional" means an individual who holds credentials to 
8evaluate the child in the domain or domains for which an 
9evaluation is sought or an intern working under the direct 
10supervision of a qualified professional, including a master's 
11or doctoral degree candidate.
12 To ensure that a parent can participate fully and 
13effectively with school personnel in the development of 
14appropriate educational and related services for his or her 
15child, the parent, an independent educational evaluator, or a 
16qualified professional retained by or on behalf of a parent or 
17child must be afforded reasonable access to educational 
18facilities, personnel, classrooms, and buildings and to the 
19child as provided in this subsection (g-5). The requirements of 
20this subsection (g-5) apply to any public school facility, 
21building, or program and to any facility, building, or program 
22supported in whole or in part by public funds. Prior to 
23visiting a school, school building, or school facility, the 
24parent, independent educational evaluator, or qualified 
25professional may be required by the school district to inform 
26the building principal or supervisor in writing of the proposed 
 
 
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1visit, the purpose of the visit, and the approximate duration 
2of the visit. The visitor and the school district shall arrange 
3the visit or visits at times that are mutually agreeable. 
4Visitors shall comply with school safety, security, and 
5visitation policies at all times. School district visitation 
6policies must not conflict with this subsection (g-5). Visitors 
7shall be required to comply with the requirements of applicable 
8privacy laws, including those laws protecting the 
9confidentiality of education records such as the federal Family 
10Educational Rights and Privacy Act and the Illinois School 
11Student Records Act. The visitor shall not disrupt the 
12educational process.
13  (1) A parent must be afforded reasonable access of 
14 sufficient duration and scope for the purpose of observing 
15 his or her child in the child's current educational 
16 placement, services, or program or for the purpose of 
17 visiting an educational placement or program proposed for 
18 the child.
19  (2) An independent educational evaluator or a 
20 qualified professional retained by or on behalf of a parent 
21 or child must be afforded reasonable access of sufficient 
22 duration and scope for the purpose of conducting an 
23 evaluation of the child, the child's performance, the 
24 child's current educational program, placement, services, 
25 or environment, or any educational program, placement, 
26 services, or environment proposed for the child, including 
 
 
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1 interviews of educational personnel, child observations, 
2 assessments, tests or assessments of the child's 
3 educational program, services, or placement or of any 
4 proposed educational program, services, or placement. If 
5 one or more interviews of school personnel are part of the 
6 evaluation, the interviews must be conducted at a mutually 
7 agreed upon time, date, and place that do not interfere 
8 with the school employee's school duties. The school 
9 district may limit interviews to personnel having 
10 information relevant to the child's current educational 
11 services, program, or placement or to a proposed 
12 educational service, program, or placement.
13 (h) (Blank).

14 (i) (Blank).

15 (j) (Blank).

16 (k) (Blank).

17 (l) (Blank).

18 (m) (Blank).

19 (n) (Blank).

20 (o) (Blank).

21(Source: P.A. 95-257, eff. 1-1-08; 95-876, eff. 8-21-08; 
2296-657, eff. 8-25-09.)




23 (105 ILCS 5/14C-8) (from Ch. 122, par. 14C-8)


24 Sec. 14C-8. Teacher certification - Qualifications - 
25Issuance of
certificates. No person shall be eligible
for 
 
 
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1employment by a school district as a teacher of transitional

2bilingual education without either (a) holding a valid teaching 
3certificate
issued pursuant to Article 21 of this Code and 
4meeting such additional language
and course requirements as 
5prescribed by the State Board of Education or
(b) meeting the 
6requirements
set forth in this Section.
The Certification Board 
7shall issue certificates
valid for teaching in all grades of 
8the common school in
transitional bilingual education programs 
9to any person
who presents it with satisfactory evidence that 
10he
possesses an adequate speaking and reading ability in a

11language other than English in which transitional bilingual

12education is offered and communicative skills in
English, and 
13possessed within 5 years previous to his or her
applying
for a 
14certificate under this Section a valid teaching
certificate 
15issued by a foreign country, or by a State or
possession or 
16territory of the United States, or other evidence
of teaching 
17preparation as may be determined to be
sufficient by the 
18Certification Board, or holds
a degree from an institution of 
19higher learning in a foreign country
which the Certification 
20Board determines to be the equivalent of a
bachelor's degree 
21from a recognized
institution of higher learning in the
United 
22States; provided that any
person seeking a certificate under 
23this
Section must meet the following additional requirements:

24  (1) Such persons must be in good health;

25  (2) Such persons must be of sound moral character;

26  (3) Such persons must be legally present in the
United 
 
 
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1 States and possess legal authorization for employment;

2  (4) Such persons must not be employed to replace
any 
3 presently employed teacher who otherwise would not be

4 replaced for any reason.

5 Certificates issuable pursuant to
this Section shall be 
6issuable only during the 5 years
immediately following the 
7effective date of this Act and
thereafter for additional 
8periods of one year only upon
a determination by the State 
9Board of Education that a
school district lacks the number of 
10teachers necessary to
comply with the mandatory requirements of 
11Section 14C-3 of this Article for the establishment and 
12maintenance
of programs of transitional bilingual education

13and said certificates issued by the Certification Board
shall 
14be valid for a period of 6 years following their
date of 
15issuance and shall not be renewed, except that one renewal for

16a period of two years may be granted if necessary to permit the 
17holder of
a certificate issued under this Section to acquire a 
18teaching certificate
pursuant to Article 21 of this Code. Such 
19certificates
and the persons to whom they are issued shall be 
20exempt
from the provisions of Article 21 of this Code except

21that Sections 21-12, 21-13, 21-16, 21-17, 21-21,
21-22, 21-23 
22and 21-24 shall continue to be applicable to
all such 
23certificates.

24 After the effective date of this amendatory Act of 1984, an 
25additional
renewal for a period to expire August 31, 1985, may 
26be granted. The State
Board of Education shall report to the 
 
 
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1General Assembly on or before
January 31, 1985 its 
2recommendations for the qualification of teachers of
bilingual 
3education and for the qualification of teachers of English as a

4second language. Said qualification program shall take effect 
5no later than
August 31, 1985.

6 Beginning July 1, 2001, the State Board of Education shall 
7implement a test
or
tests to assess the speaking, reading, 
8writing, and grammar skills of
applicants for a
certificate 
9issued under this Section in the English language and in the

10language of the
transitional bilingual education program 
11requested by the applicant and shall
establish
appropriate fees 
12for these tests. The State Board of Education, in
consultation 
13with the
Certification Board, shall promulgate rules to 
14implement the required tests,
including
specific provisions to 
15govern test selection, test validation,
determination of a 
16passing
score, administration of the test or tests, frequency 
17of administration,
applicant fees,
identification requirements 
18for test takers, frequency of applicants taking the
tests, the

19years for which a score is valid, waiving tests for individuals 
20who have
satisfactorily
passed other tests, and the 
21consequences of dishonest conduct in the
application for or

22taking of the tests.

23 If the qualifications of an applicant for a certificate 
24valid for
teaching in transitional bilingual education 
25programs in all grades of the
common schools do not meet the 
26requirements established for the issuance of
that certificate, 
 
 
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1the Certification Board nevertheless shall issue the
applicant 
2a substitute teacher's certificate under Section 21-9
whenever 
3it appears from the face of the
application submitted for 
4certification as a teacher of transitional
bilingual education 
5and the evidence presented in support thereof that the

6applicant's qualifications meet the requirements established 
7for the
issuance of a certificate under Section 21-9; provided, 
8that if it
does not appear from the face of such application 
9and supporting evidence
that the applicant is qualified for 
10issuance of a certificate under Section
21-9 the Certification 
11Board shall evaluate the application with
reference to the 
12requirements for issuance of certificates under Section
21-9 
13and shall inform the applicant, at the time it denies the

14application submitted for
certification as a teacher of 
15transitional bilingual education, of the
additional 
16qualifications which the applicant must possess in order to 
17meet
the requirements established for issuance of (i) a 
18certificate valid for
teaching in transitional bilingual 
19education programs in all grades of the
common schools and (ii) 
20a substitute teacher's certificate under Section 21-9.

21(Source: P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07; 
2295-876, eff. 8-21-08.)


23 (105 ILCS 5/1C-4 rep.)

24 (105 ILCS 5/2-3.9 rep.)

25 (105 ILCS 5/13B-35.10 rep.)

 
 
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1 (105 ILCS 5/13B-35.15 rep.)


2 (105 ILCS 5/13B-35.20 rep.)


3 (105 ILCS 5/13B-40 rep.)

4 Section 10. The School Code is amended by repealing 
5Sections 1C-4, 2-3.9, 13B-35.10, 13B-35.15, 13B-35.20, and 
613B-40.

7 Section 15. The Critical Health Problems and Comprehensive 
8Health
Education Act is amended by changing Section 6 as 
9follows:




10 (105 ILCS 110/6) (from Ch. 122, par. 866)



11 Sec. 6. Rules and Regulations. In carrying out the powers 
12and duties of the State Board of Education
and the advisory 
13committee established
by this Act, the
State Board is and such 
14committee are authorized to
promulgate rules and
regulations in 
15order to implement the provisions of this Act.

16(Source: P.A. 81-1508.)



17 (105 ILCS 110/5 rep.)

18 Section 20. The Critical Health Problems and Comprehensive 
19Health
Education Act is amended by repealing Section 5.