Public Act 101-0598
 
SB0460 EnrolledLRB101 04221 AXK 49229 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 
must include, but are not limited to, paraprofessional support, 
an extended school year, transportation, therapeutic day 
school, and services for specific learning disabilities.
    (c) Beginning on July 1, 2020, no 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 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.
    (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 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 
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 
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 
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.
    (b) A school district may 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 
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.