104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1097

 

Introduced 1/9/2025, by Rep. Jed Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-8.02  from Ch. 122, par. 14-8.02

    Amends the Children With Disabilities Article of the School Code. Allows parents or guardians to use audio recording devices during meetings with their child's individualized education program team regarding the child's placement or progress in an individualized education program. Effective immediately.


LRB104 04490 LNS 14517 b

 

 

A BILL FOR

 

HB1097LRB104 04490 LNS 14517 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-8.02 as follows:
 
6    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
7    Sec. 14-8.02. Identification, evaluation, and placement of
8children.
9    (a) The State Board of Education shall make rules under
10which local school boards shall determine the eligibility of
11children to receive special education. Such rules shall ensure
12that a free appropriate public education be available to all
13children with disabilities as defined in Section 14-1.02. The
14State Board of Education shall require local school districts
15to administer non-discriminatory procedures or tests to
16English learners coming from homes in which a language other
17than English is used to determine their eligibility to receive
18special education. The placement of low English proficiency
19students in special education programs and facilities shall be
20made in accordance with the test results reflecting the
21student's linguistic, cultural and special education needs.
22For purposes of determining the eligibility of children the
23State Board of Education shall include in the rules

 

 

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1definitions of "case study", "staff conference",
2"individualized educational program", and "qualified
3specialist" appropriate to each category of children with
4disabilities as defined in this Article. For purposes of
5determining the eligibility of children from homes in which a
6language other than English is used, the State Board of
7Education shall include in the rules definitions for
8"qualified bilingual specialists" and "linguistically and
9culturally appropriate individualized educational programs".
10For purposes of this Section, as well as Sections 14-8.02a,
1114-8.02b, and 14-8.02c of this Code, "parent" means a parent
12as defined in the federal Individuals with Disabilities
13Education Act (20 U.S.C. 1401(23)).
14    (b) No child shall be eligible for special education
15facilities except with a carefully completed case study fully
16reviewed by professional personnel in a multidisciplinary
17staff conference and only upon the recommendation of qualified
18specialists or a qualified bilingual specialist, if available.
19At the conclusion of the multidisciplinary staff conference,
20the parent of the child and, if the child is in the legal
21custody of the Department of Children and Family Services, the
22Department's Office of Education and Transition Services shall
23be given a copy of the multidisciplinary conference summary
24report and recommendations, which includes options considered,
25and, in the case of the parent, be informed of his or her right
26to obtain an independent educational evaluation if he or she

 

 

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1disagrees with the evaluation findings conducted or obtained
2by the school district. If the school district's evaluation is
3shown to be inappropriate, the school district shall reimburse
4the parent for the cost of the independent evaluation. The
5State Board of Education shall, with advice from the State
6Advisory Council on Education of Children with Disabilities on
7the inclusion of specific independent educational evaluators,
8prepare a list of suggested independent educational
9evaluators. The State Board of Education shall include on the
10list clinical psychologists licensed pursuant to the Clinical
11Psychologist Licensing Act. Such psychologists shall not be
12paid fees in excess of the amount that would be received by a
13school psychologist for performing the same services. The
14State Board of Education shall supply school districts with
15such list and make the list available to parents at their
16request. School districts shall make the list available to
17parents at the time they are informed of their right to obtain
18an independent educational evaluation. However, the school
19district may initiate an impartial due process hearing under
20this Section within 5 days of any written parent request for an
21independent educational evaluation to show that its evaluation
22is appropriate. If the final decision is that the evaluation
23is appropriate, the parent still has a right to an independent
24educational evaluation, but not at public expense. An
25independent educational evaluation at public expense must be
26completed within 30 days of a parent's written request unless

 

 

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1the school district initiates an impartial due process hearing
2or the parent or school district offers reasonable grounds to
3show that such 30-day time period should be extended. If the
4due process hearing decision indicates that the parent is
5entitled to an independent educational evaluation, it must be
6completed within 30 days of the decision unless the parent or
7the school district offers reasonable grounds to show that
8such 30-day period should be extended. If a parent disagrees
9with the summary report or recommendations of the
10multidisciplinary conference or the findings of any
11educational evaluation which results therefrom, the school
12district shall not proceed with a placement based upon such
13evaluation and the child shall remain in his or her regular
14classroom setting. No child shall be eligible for admission to
15a special class for children with a mental disability who are
16educable or for children with a mental disability who are
17trainable except with a psychological evaluation and
18recommendation by a school psychologist. Consent shall be
19obtained from the parent of a child before any evaluation is
20conducted. If consent is not given by the parent or if the
21parent disagrees with the findings of the evaluation, then the
22school district may initiate an impartial due process hearing
23under this Section. The school district may evaluate the child
24if that is the decision resulting from the impartial due
25process hearing and the decision is not appealed or if the
26decision is affirmed on appeal. The determination of

 

 

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1eligibility shall be made and the IEP meeting shall be
2completed within 60 school days from the date of written
3parental consent. In those instances when written parental
4consent is obtained with fewer than 60 pupil attendance days
5left in the school year, the eligibility determination shall
6be made and the IEP meeting shall be completed prior to the
7first day of the following school year. Special education and
8related services must be provided in accordance with the
9student's IEP no later than 10 school attendance days after
10notice is provided to the parents pursuant to Section 300.503
11of Title 34 of the Code of Federal Regulations and
12implementing rules adopted by the State Board of Education.
13    The appropriate program pursuant to the individualized
14educational program of students whose native tongue is a
15language other than English shall reflect the special
16education, cultural and linguistic needs. No later than
17September 1, 1993, the State Board of Education shall
18establish standards for the development, implementation and
19monitoring of appropriate bilingual special individualized
20educational programs. The State Board of Education shall
21further incorporate appropriate monitoring procedures to
22verify implementation of these standards.
23    The district shall indicate to the parent, the State Board
24of Education, and, if applicable, the Department's Office of
25Education and Transition Services the nature of the services
26the child will receive for the regular school term while

 

 

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1awaiting placement in the appropriate special education class.
2At the child's initial IEP meeting and at each annual review
3meeting, the child's IEP team shall provide the child's parent
4or guardian and, if applicable, the Department's Office of
5Education and Transition Services with a written notification
6that informs the parent or guardian or the Department's Office
7of Education and Transition Services that the IEP team is
8required to consider whether the child requires assistive
9technology in order to receive free, appropriate public
10education. The notification must also include a toll-free
11telephone number and internet address for the State's
12assistive technology program. Parents or guardians may use
13audio recording devices during meetings with their child's IEP
14team regarding the child's placement or progress in an
15individualized education program.
16    If the child is deaf, hard of hearing, blind, or visually
17impaired or has an orthopedic impairment or physical
18disability and he or she might be eligible to receive services
19from the Illinois School for the Deaf, the Illinois School for
20the Visually Impaired, or the Illinois Center for
21Rehabilitation and Education-Roosevelt, the school district
22shall notify the parents, in writing, of the existence of
23these schools and the services they provide and shall make a
24reasonable effort to inform the parents of the existence of
25other, local schools that provide similar services and the
26services that these other schools provide. This notification

 

 

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1shall include, without limitation, information on school
2services, school admissions criteria, and school contact
3information.
4    In the development of the individualized education program
5for a student who has a disability on the autism spectrum
6(which includes autistic disorder, Asperger's disorder,
7pervasive developmental disorder not otherwise specified,
8childhood disintegrative disorder, and Rett Syndrome, as
9defined in the Diagnostic and Statistical Manual of Mental
10Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
11consider all of the following factors:
12        (1) The verbal and nonverbal communication needs of
13    the child.
14        (2) The need to develop social interaction skills and
15    proficiencies.
16        (3) The needs resulting from the child's unusual
17    responses to sensory experiences.
18        (4) The needs resulting from resistance to
19    environmental change or change in daily routines.
20        (5) The needs resulting from engagement in repetitive
21    activities and stereotyped movements.
22        (6) The need for any positive behavioral
23    interventions, strategies, and supports to address any
24    behavioral difficulties resulting from autism spectrum
25    disorder.
26        (7) Other needs resulting from the child's disability

 

 

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1    that impact progress in the general curriculum, including
2    social and emotional development.
3Public Act 95-257 does not create any new entitlement to a
4service, program, or benefit, but must not affect any
5entitlement to a service, program, or benefit created by any
6other law.
7    If the student may be eligible to participate in the
8Home-Based Support Services Program for Adults with Mental
9Disabilities authorized under the Developmental Disability and
10Mental Disability Services Act upon becoming an adult, the
11student's individualized education program shall include plans
12for (i) determining the student's eligibility for those
13home-based services, (ii) enrolling the student in the program
14of home-based services, and (iii) developing a plan for the
15student's most effective use of the home-based services after
16the student becomes an adult and no longer receives special
17educational services under this Article. The plans developed
18under this paragraph shall include specific actions to be
19taken by specified individuals, agencies, or officials.
20    (c) In the development of the individualized education
21program for a student who is functionally blind, it shall be
22presumed that proficiency in Braille reading and writing is
23essential for the student's satisfactory educational progress.
24For purposes of this subsection, the State Board of Education
25shall determine the criteria for a student to be classified as
26functionally blind. Students who are not currently identified

 

 

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1as functionally blind who are also entitled to Braille
2instruction include: (i) those whose vision loss is so severe
3that they are unable to read and write at a level comparable to
4their peers solely through the use of vision, and (ii) those
5who show evidence of progressive vision loss that may result
6in functional blindness. Each student who is functionally
7blind shall be entitled to Braille reading and writing
8instruction that is sufficient to enable the student to
9communicate with the same level of proficiency as other
10students of comparable ability. Instruction should be provided
11to the extent that the student is physically and cognitively
12able to use Braille. Braille instruction may be used in
13combination with other special education services appropriate
14to the student's educational needs. The assessment of each
15student who is functionally blind for the purpose of
16developing the student's individualized education program
17shall include documentation of the student's strengths and
18weaknesses in Braille skills. Each person assisting in the
19development of the individualized education program for a
20student who is functionally blind shall receive information
21describing the benefits of Braille instruction. The
22individualized education program for each student who is
23functionally blind shall specify the appropriate learning
24medium or media based on the assessment report.
25    (d) To the maximum extent appropriate, the placement shall
26provide the child with the opportunity to be educated with

 

 

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1children who do not have a disability; provided that children
2with disabilities who are recommended to be placed into
3regular education classrooms are provided with supplementary
4services to assist the children with disabilities to benefit
5from the regular classroom instruction and are included on the
6teacher's regular education class register. Subject to the
7limitation of the preceding sentence, placement in special
8classes, separate schools or other removal of the child with a
9disability from the regular educational environment shall
10occur only when the nature of the severity of the disability is
11such that education in the regular classes with the use of
12supplementary aids and services cannot be achieved
13satisfactorily. The placement of English learners with
14disabilities shall be in non-restrictive environments which
15provide for integration with peers who do not have
16disabilities in bilingual classrooms. Annually, each January,
17school districts shall report data on students from
18non-English speaking backgrounds receiving special education
19and related services in public and private facilities as
20prescribed in Section 2-3.30. If there is a disagreement
21between parties involved regarding the special education
22placement of any child, either in-state or out-of-state, the
23placement is subject to impartial due process procedures
24described in Article 10 of the Rules and Regulations to Govern
25the Administration and Operation of Special Education.
26    (e) No child who comes from a home in which a language

 

 

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1other than English is the principal language used may be
2assigned to any class or program under this Article until he
3has been given, in the principal language used by the child and
4used in his home, tests reasonably related to his cultural
5environment. All testing and evaluation materials and
6procedures utilized for evaluation and placement shall not be
7linguistically, racially or culturally discriminatory.
8    (f) Nothing in this Article shall be construed to require
9any child to undergo any physical examination or medical
10treatment whose parents object thereto on the grounds that
11such examination or treatment conflicts with his religious
12beliefs.
13    (g) School boards or their designee shall provide to the
14parents of a child or, if applicable, the Department of
15Children and Family Services' Office of Education and
16Transition Services prior written notice of any decision (a)
17proposing to initiate or change, or (b) refusing to initiate
18or change, the identification, evaluation, or educational
19placement of the child or the provision of a free appropriate
20public education to their child, and the reasons therefor. For
21a parent, such written notification shall also inform the
22parent of the opportunity to present complaints with respect
23to any matter relating to the educational placement of the
24student, or the provision of a free appropriate public
25education and to have an impartial due process hearing on the
26complaint. The notice shall inform the parents in the parents'

 

 

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1native language, unless it is clearly not feasible to do so, of
2their rights and all procedures available pursuant to this Act
3and the federal Individuals with Disabilities Education
4Improvement Act of 2004 (Public Law 108-446); it shall be the
5responsibility of the State Superintendent to develop uniform
6notices setting forth the procedures available under this Act
7and the federal Individuals with Disabilities Education
8Improvement Act of 2004 (Public Law 108-446) to be used by all
9school boards. The notice shall also inform the parents of the
10availability upon request of a list of free or low-cost legal
11and other relevant services available locally to assist
12parents in initiating an impartial due process hearing. The
13State Superintendent shall revise the uniform notices required
14by this subsection (g) to reflect current law and procedures
15at least once every 2 years. Any parent who is deaf or does not
16normally communicate using spoken English and who participates
17in a meeting with a representative of a local educational
18agency for the purposes of developing an individualized
19educational program or attends a multidisciplinary conference
20shall be entitled to the services of an interpreter. The State
21Board of Education must adopt rules to establish the criteria,
22standards, and competencies for a bilingual language
23interpreter who attends an individualized education program
24meeting under this subsection to assist a parent who has
25limited English proficiency.
26    (g-5) For purposes of this subsection (g-5), "qualified

 

 

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1professional" means an individual who holds credentials to
2evaluate the child in the domain or domains for which an
3evaluation is sought or an intern working under the direct
4supervision of a qualified professional, including a master's
5or doctoral degree candidate.
6    To ensure that a parent can participate fully and
7effectively with school personnel in the development of
8appropriate educational and related services for his or her
9child, the parent, an independent educational evaluator, or a
10qualified professional retained by or on behalf of a parent or
11child must be afforded reasonable access to educational
12facilities, personnel, classrooms, and buildings and to the
13child as provided in this subsection (g-5). The requirements
14of this subsection (g-5) apply to any public school facility,
15building, or program and to any facility, building, or program
16supported in whole or in part by public funds. Prior to
17visiting a school, school building, or school facility, the
18parent, independent educational evaluator, or qualified
19professional may be required by the school district to inform
20the building principal or supervisor in writing of the
21proposed visit, the purpose of the visit, and the approximate
22duration of the visit. The visitor and the school district
23shall arrange the visit or visits at times that are mutually
24agreeable. Visitors shall comply with school safety, security,
25and visitation policies at all times. School district
26visitation policies must not conflict with this subsection

 

 

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1(g-5). Visitors shall be required to comply with the
2requirements of applicable privacy laws, including those laws
3protecting the confidentiality of education records such as
4the federal Family Educational Rights and Privacy Act and the
5Illinois School Student Records Act. The visitor shall not
6disrupt the educational process.
7        (1) A parent must be afforded reasonable access of
8    sufficient duration and scope for the purpose of observing
9    his or her child in the child's current educational
10    placement, services, or program or for the purpose of
11    visiting an educational placement or program proposed for
12    the child.
13        (2) An independent educational evaluator or a
14    qualified professional retained by or on behalf of a
15    parent or child must be afforded reasonable access of
16    sufficient duration and scope for the purpose of
17    conducting an evaluation of the child, the child's
18    performance, the child's current educational program,
19    placement, services, or environment, or any educational
20    program, placement, services, or environment proposed for
21    the child, including interviews of educational personnel,
22    child observations, assessments, tests or assessments of
23    the child's educational program, services, or placement or
24    of any proposed educational program, services, or
25    placement. If one or more interviews of school personnel
26    are part of the evaluation, the interviews must be

 

 

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1    conducted at a mutually agreed-upon time, date, and place
2    that do not interfere with the school employee's school
3    duties. The school district may limit interviews to
4    personnel having information relevant to the child's
5    current educational services, program, or placement or to
6    a proposed educational service, program, or placement.
7    (h) In the development of the individualized education
8program or federal Section 504 plan for a student, if the
9student needs extra accommodation during emergencies,
10including natural disasters or an active shooter situation,
11then that accommodation shall be taken into account when
12developing the student's individualized education program or
13federal Section 504 plan.
14(Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
15102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
166-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.