Bill Text: IL SB2283 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that 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 the Chicago school district (rather than any school district). Provides that the Chicago school district (rather than any school district) may not use a 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, 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, or prohibit the program team from adding a service to the program. Makes changes concerning the provision to a parent or guardian of copies of all written material that will be considered by an individualized education program team at a meeting. Makes changes concerning the administration of related services and logs of those services. Specifies that nothing in provisions concerning the response to scientific, research-based intervention process shall be construed as an additional instructional mandate above and beyond what is required by the Code and applicable federal laws. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2283 Detail]

Download: Illinois-2019-SB2283-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2283 Introduced 10/28/2019, by Sen. Jennifer Bertino-Tarrant - Dale Fowler SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-8.02f
105 ILCS 5/14-8.02h
Amends the Children with Disabilities Article of the School Code. Provides that 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 the Chicago school district (rather than any school district). Provides that the Chicago school district (rather than any school district) may not use a 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, 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, or prohibit the program team from adding a service to the program. Makes changes concerning the provision to a parent or guardian of copies of all written material that will be considered by an individualized education program team at a meeting. Makes changes concerning the administration of related services and logs of those services. Specifies that nothing in provisions concerning the response to scientific, research-based intervention process shall be construed as an additional instructional mandate above and beyond what is required by the Code and applicable federal laws. Effective immediately.
LRB101 14667 NHT 63608 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB2283 LRB101 14667 NHT 63608 b
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 and by renumbering and changing Section 14-8.02g, as
added by Public Act 101-515, 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

SB2283 - 2 - LRB101 14667 NHT 63608 b
must include, but are not limited to, paraprofessional support,
an extended school year, transportation, therapeutic day
school, and services for specific learning disabilities.
(b-5) 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 organized under Article 34. 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 (b-5).
(b-10) A school district organized under Article 34 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.
(c) If requested in writing at least 7 school days prior to

SB2283 - 3 - LRB101 14667 NHT 63608 b
a child's individualized education program eligibility meeting
or meeting to review a child's individualized education
program, the school shall provide No later than 3 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 draft 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
evaluation reports, all eligibility reports, 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. Written material referenced in this
subsection (c) must be provided to the parent or guardian no
later than 3 school days prior to the meeting or as soon as
possible if the meeting is in less than 3 school days.
(d) Local education agencies must maintain logs of services

SB2283 - 4 - LRB101 14667 NHT 63608 b
that have been provided to children with disabilities for the
related services of occupational therapy, physical therapy,
school nursing, speech and language pathology, social work, and
school counseling. The logs must make related service logs that
record the type of related services administered under the
child's individualized education program and the amount
minutes of each type of related service that has been
administered. If requested, the logs shall be made available to
the child's parent or guardian consistent with the Illinois
School Student Records Act. 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 referenced in this subsection
(d) are required in order for the child to receive a free,
appropriate public education and those services are not
administered within 10 school days after a date or frequency
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 those services have not

SB2283 - 5 - LRB101 14667 NHT 63608 b
yet been administered to the child, along with a plan for
providing those services. The notification must include the
State Board of Education's Notice of Procedural Safeguards for
Parents/Guardians of Students with Disabilities, in the
student's native language if available. 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) (Blank). 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).

SB2283 - 6 - LRB101 14667 NHT 63608 b
(f) (Blank). 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.)
(105 ILCS 5/14-8.02h)
Sec. 14-8.02h 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

SB2283 - 7 - LRB101 14667 NHT 63608 b
is a discrepancy between what is expected and what is
occurring, establish one or more student performance goals,
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.
(a-5) Nothing in this Section shall be construed as an
additional instructional mandate above and beyond what is
required by this Code and applicable federal laws, including
the Every Student Succeeds Act and the Individuals with
Disabilities Education Improvement Act of 2004 and their
implementing rules.
(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

SB2283 - 8 - LRB101 14667 NHT 63608 b
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
accordance with the federal Individuals with Disabilities
Education Improvement Act of 2004, this Code, or any applicable
federal or State rules.
(Source: P.A. 101-515, eff. 8-23-19; revised 10-7-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.