HB0628 Engrossed LRB096 07454 NHT 17546 b 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing Section 5 14-8.02 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 8 Children. 9 (a) The State Board of Education shall make rules under 10 which local school boards shall determine the eligibility of 11 children to receive special education. Such rules shall ensure 12 that a free appropriate public education be available to all 13 children with disabilities as defined in Section 14-1.02. The 14 State Board of Education shall require local school districts 15 to administer non-discriminatory procedures or tests to 16 limited English proficiency students coming from homes in which 17 a language other than English is used to determine their 18 eligibility to receive special education. The placement of low 19 English proficiency students in special education programs and 20 facilities shall be made in accordance with the test results 21 reflecting the student's linguistic, cultural and special 22 education needs. For purposes of determining the eligibility of 23 children the State Board of Education shall include in the

HB0628 Engrossed - 2 - LRB096 07454 NHT 17546 b 1 rules definitions of "case study", "staff conference", 2 "individualized educational program", and "qualified 3 specialist" appropriate to each category of children with 4 disabilities as defined in this Article. For purposes of 5 determining the eligibility of children from homes in which a 6 language other than English is used, the State Board of 7 Education shall include in the rules definitions for "qualified 8 bilingual specialists" and "linguistically and culturally 9 appropriate individualized educational programs". For purposes 10 of this Section, as well as Sections 14-8.02a, 14-8.02b, and 11 14-8.02c of this Code, "parent" means a parent as defined in 12 the federal Individuals with Disabilities Education Act (20 13 U.S.C. 1401(23)). 14 (b) No child shall be eligible for special education 15 facilities except with a carefully completed case study fully 16 reviewed by professional personnel in a multidisciplinary 17 staff conference and only upon the recommendation of qualified 18 specialists or a qualified bilingual specialist, if available. 19 At the conclusion of the multidisciplinary staff conference, 20 the parent of the child shall be given a copy of the 21 multidisciplinary conference summary report and 22 recommendations, which includes options considered, and be 23 informed of their right to obtain an independent educational 24 evaluation if they disagree with the evaluation findings 25 conducted or obtained by the school district. If the school 26 district's evaluation is shown to be inappropriate, the school

HB0628 Engrossed - 3 - LRB096 07454 NHT 17546 b 1 district shall reimburse the parent for the cost of the 2 independent evaluation. The State Board of Education shall, 3 with advice from the State Advisory Council on Education of 4 Children with Disabilities on the inclusion of specific 5 independent educational evaluators, prepare a list of 6 suggested independent educational evaluators. The State Board 7 of Education shall include on the list clinical psychologists 8 licensed pursuant to the Clinical Psychologist Licensing Act. 9 Such psychologists shall not be paid fees in excess of the 10 amount that would be received by a school psychologist for 11 performing the same services. The State Board of Education 12 shall supply school districts with such list and make the list 13 available to parents at their request. School districts shall 14 make the list available to parents at the time they are 15 informed of their right to obtain an independent educational 16 evaluation. However, the school district may initiate an 17 impartial due process hearing under this Section within 5 days 18 of any written parent request for an independent educational 19 evaluation to show that its evaluation is appropriate. If the 20 final decision is that the evaluation is appropriate, the 21 parent still has a right to an independent educational 22 evaluation, but not at public expense. An independent 23 educational evaluation at public expense must be completed 24 within 30 days of a parent written request unless the school 25 district initiates an impartial due process hearing or the 26 parent or school district offers reasonable grounds to show

HB0628 Engrossed - 4 - LRB096 07454 NHT 17546 b 1 that such 30 day time period should be extended. If the due 2 process hearing decision indicates that the parent is entitled 3 to an independent educational evaluation, it must be completed 4 within 30 days of the decision unless the parent or the school 5 district offers reasonable grounds to show that such 30 day 6 period should be extended. If a parent disagrees with the 7 summary report or recommendations of the multidisciplinary 8 conference or the findings of any educational evaluation which 9 results therefrom, the school district shall not proceed with a 10 placement based upon such evaluation and the child shall remain 11 in his or her regular classroom setting. No child shall be 12 eligible for admission to a special class for the educable 13 mentally disabled or for the trainable mentally disabled except 14 with a psychological evaluation and recommendation by a school 15 psychologist. Consent shall be obtained from the parent of a 16 child before any evaluation is conducted. If consent is not 17 given by the parent or if the parent disagrees with the 18 findings of the evaluation, then the school district may 19 initiate an impartial due process hearing under this Section. 20 The school district may evaluate the child if that is the 21 decision resulting from the impartial due process hearing and 22 the decision is not appealed or if the decision is affirmed on 23 appeal. The determination of eligibility shall be made and the 24 IEP meeting shall be completed within 60 school days from the 25 date of written parental consent. In those instances when 26 written parental consent is obtained with fewer than 60 pupil

HB0628 Engrossed - 5 - LRB096 07454 NHT 17546 b 1 attendance days left in the school year, the eligibility 2 determination shall be made and the IEP meeting shall be 3 completed prior to the first day of the following school year. 4 After a child has been determined to be eligible for a special 5 education class, such child must be placed in the appropriate 6 program pursuant to the individualized educational program by 7 or no later than the beginning of the next school semester. The 8 appropriate program pursuant to the individualized educational 9 program of students whose native tongue is a language other 10 than English shall reflect the special education, cultural and 11 linguistic needs. No later than September 1, 1993, the State 12 Board of Education shall establish standards for the 13 development, implementation and monitoring of appropriate 14 bilingual special individualized educational programs. The 15 State Board of Education shall further incorporate appropriate 16 monitoring procedures to verify implementation of these 17 standards. The district shall indicate to the parent and the 18 State Board of Education the nature of the services the child 19 will receive for the regular school term while waiting 20 placement in the appropriate special education class. 21 If the child is deaf, hard of hearing, blind, or visually 22 impaired and he or she might be eligible to receive services 23 from the Illinois School for the Deaf or the Illinois School 24 for the Visually Impaired, the school district shall notify the 25 parents, in writing, of the existence of these schools and the 26 services they provide and shall make a reasonable effort to

HB0628 Engrossed - 6 - LRB096 07454 NHT 17546 b 1 inform the parents of the existence of other, local schools 2 that provide similar services and the services that these other 3 schools provide. This notification shall include without 4 limitation information on school services, school admissions 5 criteria, and school contact information. 6 In the development of the individualized education program 7 for a student who has a disability on the autism spectrum 8 (which includes autistic disorder, Asperger's disorder, 9 pervasive developmental disorder not otherwise specified, 10 childhood disintegrative disorder, and Rett Syndrome, as 11 defined in the Diagnostic and Statistical Manual of Mental 12 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall 13 consider all of the following factors:14 (1) The verbal and nonverbal communication needs of the 15 child.16 (2) The need to develop social interaction skills and 17 proficiencies.18 (3) The needs resulting from the child's unusual 19 responses to sensory experiences.20 (4) The needs resulting from resistance to 21 environmental change or change in daily routines.22 (5) The needs resulting from engagement in repetitive 23 activities and stereotyped movements.24 (6) The need for any positive behavioral 25 interventions, strategies, and supports to address any 26 behavioral difficulties resulting from autism spectrum

HB0628 Engrossed - 7 - LRB096 07454 NHT 17546 b 1 disorder.2 (7) Other needs resulting from the child's disability 3 that impact progress in the general curriculum, including 4 social and emotional development.5 Public Act 95-257 does not create any new entitlement to a 6 service, program, or benefit, but must not affect any 7 entitlement to a service, program, or benefit created by any 8 other law. 9 If the student may be eligible to participate in the 10 Home-Based Support Services Program for Mentally Disabled 11 Adults authorized under the Developmental Disability and 12 Mental Disability Services Act upon becoming an adult, the 13 student's individualized education program shall include plans 14 for (i) determining the student's eligibility for those 15 home-based services, (ii) enrolling the student in the program 16 of home-based services, and (iii) developing a plan for the 17 student's most effective use of the home-based services after 18 the student becomes an adult and no longer receives special 19 educational services under this Article. The plans developed 20 under this paragraph shall include specific actions to be taken 21 by specified individuals, agencies, or officials. 22 (c) In the development of the individualized education 23 program for a student who is functionally blind, it shall be 24 presumed that proficiency in Braille reading and writing is 25 essential for the student's satisfactory educational progress. 26 For purposes of this subsection, the State Board of Education

HB0628 Engrossed - 8 - LRB096 07454 NHT 17546 b 1 shall determine the criteria for a student to be classified as 2 functionally blind. Students who are not currently identified 3 as functionally blind who are also entitled to Braille 4 instruction include: (i) those whose vision loss is so severe 5 that they are unable to read and write at a level comparable to 6 their peers solely through the use of vision, and (ii) those 7 who show evidence of progressive vision loss that may result in 8 functional blindness. Each student who is functionally blind 9 shall be entitled to Braille reading and writing instruction 10 that is sufficient to enable the student to communicate with 11 the same level of proficiency as other students of comparable 12 ability. Instruction should be provided to the extent that the 13 student is physically and cognitively able to use Braille. 14 Braille instruction may be used in combination with other 15 special education services appropriate to the student's 16 educational needs. The assessment of each student who is 17 functionally blind for the purpose of developing the student's 18 individualized education program shall include documentation 19 of the student's strengths and weaknesses in Braille skills. 20 Each person assisting in the development of the individualized 21 education program for a student who is functionally blind shall 22 receive information describing the benefits of Braille 23 instruction. The individualized education program for each 24 student who is functionally blind shall specify the appropriate 25 learning medium or media based on the assessment report. 26 (d) To the maximum extent appropriate, the placement shall

HB0628 Engrossed - 9 - LRB096 07454 NHT 17546 b 1 provide the child with the opportunity to be educated with 2 children who are not disabled; provided that children with 3 disabilities who are recommended to be placed into regular 4 education classrooms are provided with supplementary services 5 to assist the children with disabilities to benefit from the 6 regular classroom instruction and are included on the teacher's 7 regular education class register. Subject to the limitation of 8 the preceding sentence, placement in special classes, separate 9 schools or other removal of the disabled child from the regular 10 educational environment shall occur only when the nature of the 11 severity of the disability is such that education in the 12 regular classes with the use of supplementary aids and services 13 cannot be achieved satisfactorily. The placement of limited 14 English proficiency students with disabilities shall be in 15 non-restrictive environments which provide for integration 16 with non-disabled peers in bilingual classrooms. Annually, 17 each January, school districts shall report data on students 18 from non-English speaking backgrounds receiving special 19 education and related services in public and private facilities 20 as prescribed in Section 2-3.30. If there is a disagreement 21 between parties involved regarding the special education 22 placement of any child, either in-state or out-of-state, the 23 placement is subject to impartial due process procedures 24 described in Article 10 of the Rules and Regulations to Govern 25 the Administration and Operation of Special Education. 26 (e) No child who comes from a home in which a language

HB0628 Engrossed - 10 - LRB096 07454 NHT 17546 b 1 other than English is the principal language used may be 2 assigned to any class or program under this Article until he 3 has been given, in the principal language used by the child and 4 used in his home, tests reasonably related to his cultural 5 environment. All testing and evaluation materials and 6 procedures utilized for evaluation and placement shall not be 7 linguistically, racially or culturally discriminatory. 8 (f) Nothing in this Article shall be construed to require 9 any child to undergo any physical examination or medical 10 treatment whose parents object thereto on the grounds that such 11 examination or treatment conflicts with his religious beliefs. 12 (g) School boards or their designee shall provide to the 13 parents of a child prior written notice of any decision (a) 14 proposing to initiate or change, or (b) refusing to initiate or 15 change, the identification, evaluation, or educational 16 placement of the child or the provision of a free appropriate 17 public education to their child, and the reasons therefor. Such 18 written notification shall also inform the parent of the 19 opportunity to present complaints with respect to any matter 20 relating to the educational placement of the student, or the 21 provision of a free appropriate public education and to have an 22 impartial due process hearing on the complaint. The notice 23 shall inform the parents in the parents' native language, 24 unless it is clearly not feasible to do so, of their rights and 25 all procedures available pursuant to this Act and the federal 26 Individuals with Disabilities Education Improvement Act of

HB0628 Engrossed - 11 - LRB096 07454 NHT 17546 b 1 2004 (Public Law 108-446); it shall be the responsibility of 2 the State Superintendent to develop uniform notices setting 3 forth the procedures available under this Act and the federal 4 Individuals with Disabilities Education Improvement Act of 5 2004 (Public Law 108-446) to be used by all school boards. The 6 notice shall also inform the parents of the availability upon 7 request of a list of free or low-cost legal and other relevant 8 services available locally to assist parents in initiating an 9 impartial due process hearing. Any parent who is deaf, or does 10 not normally communicate using spoken English, who 11 participates in a meeting with a representative of a local 12 educational agency for the purposes of developing an 13 individualized educational program shall be entitled to the 14 services of an interpreter. 15 (g-5) To ensure that a parent can participate fully and 16 effectively with school personnel in the development of 17 appropriate educational and related services for his or her 18 child, the parent, an independent educational evaluator, or an 19 expert retained by or on behalf of a parent or child must be 20 afforded access of sufficient duration and extent to 21 educational personnel, facilities, classrooms, and buildings 22 and to the child in order to conduct an evaluation of the 23 child, the child's performance, the child's current 24 educational program, placement, or environment, or any 25 proposed educational program, placement, or environment, 26 including interviews, observations, assessments, tests, or

HB0628 Engrossed - 12 - LRB096 07454 NHT 17546 b 1 assessments of the child's educational program or placement or 2 any proposed educational program or placement. Interviews of 3 educational personnel may be limited to personnel having 4 information relevant to the child's current educational 5 services, program, or placement or to a proposed educational 6 service, program, or placement. For purposes of this subsection 7 (g-5), "expert" includes a therapist, doctorate level educator 8 or specialist, academician, physician, diagnostician, 9 educational consultant, certified, licensed, or otherwise 10 credentialed professional, or student or intern in an 11 accredited program working under the direct supervision of a 12 therapist, doctorate level educator or specialist, 13 academician, physician, diagnostician, educational consultant, 14 or certified, licensed, or otherwise credentialed 15 professional. Prior to visiting a school, a school building, or 16 a school facility, the parent, independent educational 17 evaluator, or expert may be required to inform the building 18 principal or supervisor in writing of the proposed visit, the 19 purposes of the visit, and the approximate duration of the 20 visit and arrange a visit at a mutually agreeable time. 21 Visitors shall comply with school safety and security policies 22 and protect students' right of privacy and may not disrupt the 23 educational process.24 (h) (Blank). 25 (i) (Blank). 26 (j) (Blank).

HB0628 Engrossed - 13 - LRB096 07454 NHT 17546 b 1 (k) (Blank). 2 (l) (Blank). 3 (m) (Blank). 4 (n) (Blank). 5 (o) (Blank). 6 (Source: P.A. 94-376, eff. 7-29-05; 94-1100, eff. 2-2-07; 7 95-257, eff. 1-1-08; 95-876, eff. 8-21-08.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.