Public Act 100-1112
 
HB5770 EnrolledLRB100 19591 AXK 34861 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 
14-6.01 as follows:
 



    (105 ILCS 5/14-6.01)  (from Ch. 122, par. 14-6.01)



    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

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 
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.

    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. A school board shall publish a public notice in its 
newsletter of
general circulation or in the newsletter of 
another governmental entity of
general circulation in the 
district or if neither is available in the
district, then in a 
newspaper of general circulation in the district, the
right of 
all children with disabilities to a free
appropriate public 
education
as provided under this Code. Such notice shall 
identify the location and
phone number of the office or agent 
of the school district to whom
inquiries should be directed 
regarding the identification, assessment and
placement of such 
children.

    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 
of the School Code.  Such information shall include information

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

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.

    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.

    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

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

defined standard.

    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

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 
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.

(Source: P.A. 99-143, eff. 7-27-15; 99-592, eff. 7-22-16; 
100-201, eff. 8-18-17.)

 

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