Public Act 0854 103RD GENERAL ASSEMBLY

HB5276 Enrolled LRB103 36939 RJT 67053 b

Public Act 103-0854

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 14-8.03 as follows:

(105 ILCS 5/14-8.03) (from Ch. 122, par. 14-8.03)

Sec. 14-8.03. Transition services.

(a) For purposes of this Section:

"Independent living skills" may include, without limitation, personal hygiene, health care, fitness, food preparation and nutrition, home management and safety, dressing and clothing care, financial management and wellness, self-esteem, self-advocacy, self-determination, community living, housing options, public safety, leisure and recreation, and transportation.

"Transition services" means a coordinated set of activities for a child with a disability that (i) is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, which may include for-credit courses, career and technical education, and non-credit courses and instruction, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (ii) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and (iii) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills, benefits counseling and planning, work incentives education, and the provision of a functional vocational evaluation. Transition services for a child with a disability may be special education, if provided as specially designed instruction, or a related service if required to assist a child with a disability to benefit from special education.

(a-5) Beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 (or younger if determined appropriate by the IEP Team) and updated annually thereafter, the IEP must include (i) measurable post-secondary goals based upon age-appropriate transition assessments and other information available regarding the student that are related to training, education, employment, and independent living skills and (ii) the transition services needed to assist the student in reaching those goals, including courses of study.

As a component of transition planning, the school district shall provide the student and the parent or guardian of the student with information about the school district's career and technical education (CTE) opportunities and postsecondary CTE opportunities. The CTE information shall include a list of programming options, the scope and sequence of study for pursuing those options, and the locations of those options. A student in high school with an IEP may enroll in the school district's CTE program at any time if participation in a CTE program is consistent with the student's transition goals.

The student and the parent or guardian of the student shall be provided with information about dual credit courses offered by the school district. The information shall include courses offered by the school district for dual credit under Section 16 of the Dual Credit Quality Act and courses in which the student may enroll for high school credit only under Section 16.5 of the Dual Credit Quality Act. The information shall include the criteria for entry into any dual credit course in which the student or the parent or guardian of the student indicates interest. If the student is enrolled in a dual credit course for dual credit or for high school credit only, the student's participation in the course shall be included as part of the student's transition IEP activities.

The student's transition plan shall include consideration of the student's assistive technology needs, such as assistive technology evaluations, devices, and services, related to the student's transition goals for employment, education or training, and independent living, both while the student is participating in transition-related activities and in post-school activities. The student's transition plan shall also include consideration of the availability and accessibility of appropriate assistive technology devices and services for the student once in the post-school environment.

(b) Transition planning must be conducted as part of the IEP process and must be governed by the procedures applicable to the development, review, and revision of the IEP, including notices to the parents and student, parent and student participation, and annual review. To appropriately assess and develop IEP transition goals and transition services for a child with a disability, additional participants may be necessary and may be invited by the school district, parent, or student to participate in the transition planning process. Additional participants may include without limitation a representative from the Department of Human Services or another State agency, a case coordinator, or persons representing other public or community agencies or services, such as adult service providers, disability services coordinators of public community colleges, and a CTE coordinator. The IEP shall identify each person responsible for coordinating and delivering transition services. If the IEP team determines that the student requires transition services from a public or private entity outside of the school district, the IEP team shall identify potential outside resources, assign one or more IEP team members to contact the appropriate outside entities, make the necessary referrals, provide any information and documents necessary to complete the referral, follow up with the entity to ensure that the student has been successfully linked to the entity, and monitor the student's progress to determine if the student's IEP transition goals and benchmarks are being met. The student's IEP shall indicate one or more specific time periods during the school year when the IEP team shall review the services provided by the outside entity and the student's progress in such activities. The public school's responsibility for delivering educational services does not extend beyond the time the student leaves school or when the student's eligibility ends due to age under this Article.

(c) A school district shall submit annually a summary of each eligible student's IEP transition goals and transition services resulting from the IEP Team meeting to the appropriate local Transition Planning Committee. If students with disabilities who are ineligible for special education services request transition services, local public school districts shall assist those students by identifying post-secondary school goals, delivering appropriate education services, and coordinating with other agencies and services for assistance.

(Source: P.A. 102-516, eff. 8-20-21; 103-181, eff. 6-30-23.)

Section 99. Effective date. This Act takes effect upon becoming law.