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| Public Act 096-0657 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
14-8.02 as follows:
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(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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Sec. 14-8.02. Identification, Evaluation and Placement of | ||||
Children.
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(a) The State Board of Education shall make rules under | ||||
which local school
boards shall determine the eligibility of | ||||
children to receive special
education. Such rules shall ensure | ||||
that a free appropriate public
education be available to all | ||||
children with disabilities as
defined in
Section 14-1.02. The | ||||
State Board of Education shall require local school
districts | ||||
to administer non-discriminatory procedures or tests to
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limited English proficiency students coming from homes in which | ||||
a language
other than English is used to determine their | ||||
eligibility to receive special
education. The placement of low | ||||
English proficiency students in special
education programs and | ||||
facilities shall be made in accordance with the test
results | ||||
reflecting the student's linguistic, cultural and special | ||||
education
needs. For purposes of determining the eligibility of | ||||
children the State
Board of Education shall include in the | ||||
rules definitions of "case study",
"staff conference", | ||
"individualized educational program", and "qualified
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specialist" appropriate to each category of children with
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disabilities as defined in
this Article. For purposes of | ||
determining the eligibility of children from
homes in which a | ||
language other than English is used, the State Board of
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Education shall include in the rules
definitions for "qualified | ||
bilingual specialists" and "linguistically and
culturally | ||
appropriate individualized educational programs". For purposes | ||
of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | ||
14-8.02c of this Code,
"parent" means a parent as defined in | ||
the federal Individuals with Disabilities Education Act (20 | ||
U.S.C. 1401(23)).
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(b) No child shall be eligible for special education | ||
facilities except
with a carefully completed case study fully | ||
reviewed by professional
personnel in a multidisciplinary | ||
staff conference and only upon the
recommendation of qualified | ||
specialists or a qualified bilingual specialist, if
available. | ||
At the conclusion of the multidisciplinary staff conference, | ||
the
parent of the child shall be given a copy of the | ||
multidisciplinary
conference summary report and | ||
recommendations, which includes options
considered, and be | ||
informed of their right to obtain an independent educational
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evaluation if they disagree with the evaluation findings | ||
conducted or obtained
by the school district. If the school | ||
district's evaluation is shown to be
inappropriate, the school | ||
district shall reimburse the parent for the cost of
the | ||
independent evaluation. The State Board of Education shall, | ||
with advice
from the State Advisory Council on Education of | ||
Children with
Disabilities on the
inclusion of specific | ||
independent educational evaluators, prepare a list of
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suggested independent educational evaluators. The State Board | ||
of Education
shall include on the list clinical psychologists | ||
licensed pursuant to the
Clinical Psychologist Licensing Act. | ||
Such psychologists shall not be paid fees
in excess of the | ||
amount that would be received by a school psychologist for
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performing the same services. The State Board of Education | ||
shall supply school
districts with such list and make the list | ||
available to parents at their
request. School districts shall | ||
make the list available to parents at the time
they are | ||
informed of their right to obtain an independent educational
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evaluation. However, the school district may initiate an | ||
impartial
due process hearing under this Section within 5 days | ||
of any written parent
request for an independent educational | ||
evaluation to show that
its evaluation is appropriate. If the | ||
final decision is that the evaluation
is appropriate, the | ||
parent still has a right to an independent educational
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evaluation, but not at public expense. An independent | ||
educational
evaluation at public expense must be completed | ||
within 30 days of a parent
written request unless the school | ||
district initiates an
impartial due process hearing or the | ||
parent or school district
offers reasonable grounds to show | ||
that such 30 day time period should be
extended. If the due | ||
process hearing decision indicates that the parent is entitled | ||
to an independent educational evaluation, it must be
completed | ||
within 30 days of the decision unless the parent or
the school | ||
district offers reasonable grounds to show that such 30 day
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period should be extended. If a parent disagrees with the | ||
summary report or
recommendations of the multidisciplinary | ||
conference or the findings of any
educational evaluation which | ||
results therefrom, the school
district shall not proceed with a | ||
placement based upon such evaluation and
the child shall remain | ||
in his or her regular classroom setting.
No child shall be | ||
eligible for admission to a
special class for the educable | ||
mentally disabled or for the
trainable
mentally disabled except | ||
with a psychological evaluation
and
recommendation by a school | ||
psychologist. Consent shall be obtained from
the parent of a | ||
child before any evaluation is conducted.
If consent is not | ||
given by the parent or if the parent disagrees with the | ||
findings of the evaluation, then the school
district may | ||
initiate an impartial due process hearing under this Section.
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The school district may evaluate the child if that is the | ||
decision
resulting from the impartial due process hearing and | ||
the decision is not
appealed or if the decision is affirmed on | ||
appeal.
The determination of eligibility shall be made and the | ||
IEP meeting shall be completed within 60 school days
from the | ||
date of written parental consent. In those instances when | ||
written parental consent is obtained with fewer than 60 pupil | ||
attendance days left in the school year,
the eligibility | ||
determination shall be made and the IEP meeting shall be | ||
completed prior to the first day of the
following school year. | ||
After a child has been determined to be eligible for a
special | ||
education class, such child must be placed in the appropriate
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program pursuant to the individualized educational program by | ||
or no
later than the beginning of the next school semester. The | ||
appropriate
program pursuant to the individualized educational | ||
program of students
whose native tongue is a language other | ||
than English shall reflect the
special education, cultural and | ||
linguistic needs. No later than September
1, 1993, the State | ||
Board of Education shall establish standards for the
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development, implementation and monitoring of appropriate | ||
bilingual special
individualized educational programs. The | ||
State Board of Education shall
further incorporate appropriate | ||
monitoring procedures to verify implementation
of these | ||
standards. The district shall indicate to the parent and
the | ||
State Board of Education the nature of the services the child | ||
will receive
for the regular school term while waiting | ||
placement in the appropriate special
education class.
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If the child is deaf, hard of hearing, blind, or visually | ||
impaired and
he or she might be eligible to receive services | ||
from the Illinois School for
the Deaf or the Illinois School | ||
for the Visually Impaired, the school
district shall notify the | ||
parents, in writing, of the existence of
these schools
and the | ||
services
they provide and shall make a reasonable effort to | ||
inform the parents of the existence of other, local schools | ||
that provide similar services and the services that these other | ||
schools provide. This notification
shall
include without | ||
limitation information on school services, school
admissions | ||
criteria, and school contact information.
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In the development of the individualized education program | ||
for a student who has a disability on the autism spectrum | ||
(which includes autistic disorder, Asperger's disorder, | ||
pervasive developmental disorder not otherwise specified, | ||
childhood disintegrative disorder, and Rett Syndrome, as | ||
defined in the Diagnostic and Statistical Manual of Mental | ||
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||
consider all of the following factors: | ||
(1) The verbal and nonverbal communication needs of the | ||
child. | ||
(2) The need to develop social interaction skills and | ||
proficiencies. | ||
(3) The needs resulting from the child's unusual | ||
responses to sensory experiences. | ||
(4) The needs resulting from resistance to | ||
environmental change or change in daily routines. | ||
(5) The needs resulting from engagement in repetitive | ||
activities and stereotyped movements. | ||
(6) The need for any positive behavioral | ||
interventions, strategies, and supports to address any | ||
behavioral difficulties resulting from autism spectrum | ||
disorder. | ||
(7) Other needs resulting from the child's disability | ||
that impact progress in the general curriculum, including | ||
social and emotional development. | ||
Public Act 95-257
does not create any new entitlement to a | ||
service, program, or benefit, but must not affect any | ||
entitlement to a service, program, or benefit created by any | ||
other law.
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If the student may be eligible to participate in the | ||
Home-Based Support
Services Program for Mentally Disabled | ||
Adults authorized under the
Developmental Disability and | ||
Mental Disability Services Act upon becoming an
adult, the | ||
student's individualized education program shall include plans | ||
for
(i) determining the student's eligibility for those | ||
home-based services, (ii)
enrolling the student in the program | ||
of home-based services, and (iii)
developing a plan for the | ||
student's most effective use of the home-based
services after | ||
the student becomes an adult and no longer receives special
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educational services under this Article. The plans developed | ||
under this
paragraph shall include specific actions to be taken | ||
by specified individuals,
agencies, or officials.
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(c) In the development of the individualized education | ||
program for a
student who is functionally blind, it shall be | ||
presumed that proficiency in
Braille reading and writing is | ||
essential for the student's satisfactory
educational progress. | ||
For purposes of this subsection, the State Board of
Education | ||
shall determine the criteria for a student to be classified as
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functionally blind. Students who are not currently identified | ||
as
functionally blind who are also entitled to Braille | ||
instruction include:
(i) those whose vision loss is so severe | ||
that they are unable to read and
write at a level comparable to | ||
their peers solely through the use of
vision, and (ii) those | ||
who show evidence of progressive vision loss that
may result in | ||
functional blindness. Each student who is functionally blind
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shall be entitled to Braille reading and writing instruction | ||
that is
sufficient to enable the student to communicate with | ||
the same level of
proficiency as other students of comparable | ||
ability. Instruction should be
provided to the extent that the | ||
student is physically and cognitively able
to use Braille. | ||
Braille instruction may be used in combination with other
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special education services appropriate to the student's | ||
educational needs.
The assessment of each student who is | ||
functionally blind for the purpose of
developing the student's | ||
individualized education program shall include
documentation | ||
of the student's strengths and weaknesses in Braille skills.
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Each person assisting in the development of the individualized | ||
education
program for a student who is functionally blind shall | ||
receive information
describing the benefits of Braille | ||
instruction. The individualized
education program for each | ||
student who is functionally blind shall
specify the appropriate | ||
learning medium or media based on the assessment
report.
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(d) To the maximum extent appropriate, the placement shall | ||
provide the
child with the opportunity to be educated with | ||
children who are not
disabled; provided that children with
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disabilities who are recommended to be
placed into regular | ||
education classrooms are provided with supplementary
services | ||
to assist the children with disabilities to benefit
from the | ||
regular
classroom instruction and are included on the teacher's | ||
regular education class
register. Subject to the limitation of | ||
the preceding sentence, placement in
special classes, separate | ||
schools or other removal of the disabled child
from the regular | ||
educational environment shall occur only when the nature of
the | ||
severity of the disability is such that education in the
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regular classes with
the use of supplementary aids and services | ||
cannot be achieved satisfactorily.
The placement of limited | ||
English proficiency students with disabilities shall
be in | ||
non-restrictive environments which provide for integration | ||
with
non-disabled peers in bilingual classrooms. Annually, | ||
each January, school districts shall report data on students | ||
from non-English
speaking backgrounds receiving special | ||
education and related services in
public and private facilities | ||
as prescribed in Section 2-3.30. If there
is a disagreement | ||
between parties involved regarding the special education
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placement of any child, either in-state or out-of-state, the | ||
placement is
subject to impartial due process procedures | ||
described in Article 10 of the
Rules and Regulations to Govern | ||
the Administration and Operation of Special
Education.
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(e) No child who comes from a home in which a language | ||
other than English
is the principal language used may be | ||
assigned to any class or program
under this Article until he | ||
has been given, in the principal language
used by the child and | ||
used in his home, tests reasonably related to his
cultural | ||
environment. All testing and evaluation materials and | ||
procedures
utilized for evaluation and placement shall not be | ||
linguistically, racially or
culturally discriminatory.
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(f) Nothing in this Article shall be construed to require | ||
any child to
undergo any physical examination or medical | ||
treatment whose parents object thereto on the grounds that such | ||
examination or
treatment conflicts with his religious beliefs.
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(g) School boards or their designee shall provide to the | ||
parents of a child prior written notice of any decision (a) | ||
proposing
to initiate or change, or (b) refusing to initiate or | ||
change, the
identification, evaluation, or educational | ||
placement of the child or the
provision of a free appropriate | ||
public education to their child, and the
reasons therefor. Such | ||
written notification shall also inform the
parent of the | ||
opportunity to present complaints with respect
to any matter | ||
relating to the educational placement of the student, or
the | ||
provision of a free appropriate public education and to have an
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impartial due process hearing on the complaint. The notice | ||
shall inform
the parents in the parents' native language,
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unless it is clearly not feasible to do so, of their rights and | ||
all
procedures available pursuant to this Act and the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Public Law 108-446); it
shall be the responsibility of | ||
the State Superintendent to develop
uniform notices setting | ||
forth the procedures available under this Act
and the federal | ||
Individuals with Disabilities Education Improvement Act of | ||
2004 (Public Law 108-446) to be used by all school boards. The | ||
notice
shall also inform the parents of the availability upon
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request of a list of free or low-cost legal and other relevant | ||
services
available locally to assist parents in initiating an
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impartial due process hearing. Any parent 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.
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(g-5) For purposes of this subsection (g-5), "qualified | ||
professional" means an individual who holds credentials to | ||
evaluate the child in the domain or domains for which an | ||
evaluation is sought or an intern working under the direct | ||
supervision of a qualified professional, including a master's | ||
or doctoral degree candidate. | ||
To ensure that a parent can participate fully and | ||
effectively with school personnel in the development of | ||
appropriate educational and related services for his or her | ||
child, the parent, an independent educational evaluator, or a | ||
qualified professional retained by or on behalf of a parent or | ||
child must be afforded reasonable access to educational | ||
facilities, personnel, classrooms, and buildings and to the | ||
child as provided in this subsection (g-5). The requirements of | ||
this subsection (g-5) apply to any public school facility, | ||
building, or program and to any facility, building, or program | ||
supported in whole or in part by public funds. Prior to | ||
visiting a school, school building, or school facility, the | ||
parent, independent educational evaluator, or qualified | ||
professional may be required by the school district to inform | ||
the building principal or supervisor in writing of the proposed | ||
visit, the purpose of the visit, and the approximate duration | ||
of the visit. The visitor and the school district shall arrange | ||
the visit or visits at times that are mutually agreeable. | ||
Visitors shall comply with school safety, security, and | ||
visitation policies at all times. School district visitation | ||
policies must not conflict with this subsection (g-5). Visitors | ||
shall be required to comply with the requirements of applicable | ||
privacy laws, including those laws protecting the | ||
confidentiality of education records such as the federal Family | ||
Educational Rights and Privacy Act and the Illinois School | ||
Student Records Act. The visitor shall not disrupt the | ||
educational process. | ||
(1) A parent must be afforded reasonable access of | ||
sufficient duration and scope for the purpose of observing | ||
his or her child in the child's current educational | ||
placement, services, or program or for the purpose of | ||
visiting an educational placement or program proposed for | ||
the child. | ||
(2) An independent educational evaluator or a | ||
qualified professional retained by or on behalf of a parent | ||
or child must be afforded reasonable access of sufficient | ||
duration and scope for the purpose of conducting an | ||
evaluation of the child, the child's performance, the | ||
child's current educational program, placement, services, | ||
or environment, or any educational program, placement, | ||
services, or environment proposed for the child, including | ||
interviews of educational personnel, child observations, | ||
assessments, tests or assessments of the child's | ||
educational program, services, or placement or of any | ||
proposed educational program, services, or placement. If | ||
one or more interviews of school personnel are part of the | ||
evaluation, the interviews must be conducted at a mutually | ||
agreed upon time, date, and place that do not interfere | ||
with the school employee's school duties. The school | ||
district may limit interviews to personnel having | ||
information relevant to the child's current educational | ||
services, program, or placement or to a proposed | ||
educational service, program, or placement. | ||
(h) (Blank).
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(i) (Blank).
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(j) (Blank).
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(k) (Blank).
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(l) (Blank).
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(m) (Blank).
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(n) (Blank).
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(o) (Blank).
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(Source: P.A. 94-376, eff. 7-29-05; 94-1100, eff. 2-2-07; | ||
95-257, eff. 1-1-08; 95-876, eff. 8-21-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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