Illinois 2023-2024 Regular Session

Illinois House Bill HB0340 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0652
2	1		HB0340 EnrolledLRB103 03867 RJT 48873 b HB0340 Enrolled LRB103 03867 RJT 48873 b
3	2		HB0340 Enrolled LRB103 03867 RJT 48873 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Section
8		-	14-8.02f as follows:
9		-	(105 ILCS 5/14-8.02f)
10		-	Sec. 14-8.02f. Individualized education program meeting
11		-	protections.
12		-	(a) (Blank).
13		-	(b) This subsection (b) applies only to a school district
14		-	organized under Article 34. No later than 10 calendar days
15		-	prior to a child's individualized education program meeting or
16		-	as soon as possible if a meeting is scheduled within 10
17		-	calendar days with written parental consent, the school board
18		-	or school personnel must provide the child's parent or
19		-	guardian with a written notification of the services that
20		-	require a specific data collection procedure from the school
21		-	district for services related to the child's individualized
22		-	education program. The notification must indicate, with a
23		-	checkbox, whether specific data has been collected for the
24		-	child's individualized education program services. For
25		-	purposes of this subsection (b), individualized education
26		-	program services must include, but are not limited to,
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Section
	7	+	5 14-8.02f as follows:
	8	+	6 (105 ILCS 5/14-8.02f)
	9	+	7 Sec. 14-8.02f. Individualized education program meeting
	10	+	8 protections.
	11	+	9 (a) (Blank).
	12	+	10 (b) This subsection (b) applies only to a school district
	13	+	11 organized under Article 34. No later than 10 calendar days
	14	+	12 prior to a child's individualized education program meeting or
	15	+	13 as soon as possible if a meeting is scheduled within 10
	16	+	14 calendar days with written parental consent, the school board
	17	+	15 or school personnel must provide the child's parent or
	18	+	16 guardian with a written notification of the services that
	19	+	17 require a specific data collection procedure from the school
	20	+	18 district for services related to the child's individualized
	21	+	19 education program. The notification must indicate, with a
	22	+	20 checkbox, whether specific data has been collected for the
	23	+	21 child's individualized education program services. For
	24	+	22 purposes of this subsection (b), individualized education
	25	+	23 program services must include, but are not limited to,
27	26
28	27
29	28
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31	30
32	31
33		-	paraprofessional support, an extended school year,
34		-	transportation, therapeutic day school, and services for
35		-	specific learning disabilities.
36		-	(c) Beginning on July 1, 2020, no later than 3 school days
37		-	prior to a meeting to determine a child's eligibility for
38		-	special education and related services or to review a child's
39		-	individualized education program, or as soon as possible if an
40		-	individualized education program meeting is scheduled within 3
41		-	school days with the written consent of the child's parent or
42		-	guardian, the local education agency must provide the child's
43		-	parent or guardian copies of all written material that will be
44		-	considered by the individualized education program team at the
45		-	meeting so that the parent or guardian may participate in the
46		-	meeting as a fully-informed team member. The parent or
47		-	guardian shall have the option of choosing from the available
48		-	methods of delivery, which must include regular mail and
49		-	picking up the materials at school. The notice provided to the
50		-	parent or guardian prior to the meeting pursuant to subsection
51		-	(g) of Section 14-8.02 shall inform the parent or guardian of
52		-	the parent's or guardian's right to receive copies of all
53		-	written material under this subsection (c) and shall provide
54		-	the date when the written material will be delivered or made
55		-	available to the parent or guardian.
56		-	For a meeting to determine the child's eligibility for
57		-	special education, the written material must include all
58		-	evaluations and collected data that will be considered at the
	32	+	HB0340 Enrolled- 2 -LRB103 03867 RJT 48873 b HB0340 Enrolled - 2 - LRB103 03867 RJT 48873 b
	33	+	HB0340 Enrolled - 2 - LRB103 03867 RJT 48873 b
	34	+	1 paraprofessional support, an extended school year,
	35	+	2 transportation, therapeutic day school, and services for
	36	+	3 specific learning disabilities.
	37	+	4 (c) Beginning on July 1, 2020, no later than 3 school days
	38	+	5 prior to a meeting to determine a child's eligibility for
	39	+	6 special education and related services or to review a child's
	40	+	7 individualized education program, or as soon as possible if an
	41	+	8 individualized education program meeting is scheduled within 3
	42	+	9 school days with the written consent of the child's parent or
	43	+	10 guardian, the local education agency must provide the child's
	44	+	11 parent or guardian copies of all written material that will be
	45	+	12 considered by the individualized education program team at the
	46	+	13 meeting so that the parent or guardian may participate in the
	47	+	14 meeting as a fully-informed team member. The parent or
	48	+	15 guardian shall have the option of choosing from the available
	49	+	16 methods of delivery, which must include regular mail and
	50	+	17 picking up the materials at school. The notice provided to the
	51	+	18 parent or guardian prior to the meeting pursuant to subsection
	52	+	19 (g) of Section 14-8.02 shall inform the parent or guardian of
	53	+	20 the parent's or guardian's right to receive copies of all
	54	+	21 written material under this subsection (c) and shall provide
	55	+	22 the date when the written material will be delivered or made
	56	+	23 available to the parent or guardian.
	57	+	24 For a meeting to determine the child's eligibility for
	58	+	25 special education, the written material must include all
	59	+	26 evaluations and collected data that will be considered at the
59	60
60	61
61		-	meeting. For a child who is already eligible for special
62		-	education and related services, the written material must
63		-	include a copy of all individualized education program
64		-	components that will be discussed by the individualized
65		-	education program team, other than the components related to
66		-	the educational and related service minutes proposed for the
67		-	child and the child's placement.
68		-	Parents shall also be informed of their right to review
69		-	and copy their child's school student records prior to any
70		-	special education eligibility or individualized education
71		-	program review meeting, subject to the requirements of
72		-	applicable federal and State law.
73		-	(d) Local education agencies must make logs that record
74		-	the delivery of related services administered under the
75		-	child's individualized education program and the minutes of
76		-	each type of related service that has been administered
77		-	available to the child's parent or guardian at any time upon
78		-	request of the child's parent or guardian. For purposes of
79		-	this subsection (d), related services for which a log must be
80		-	made are: speech and language services, occupational therapy
81		-	services, physical therapy services, school social work
82		-	services, school counseling services, school psychology
83		-	services, and school nursing services. The local education
84		-	agency must inform the child's parent or guardian within 20
85		-	school days from the beginning of the school year or upon
86		-	establishment of an individualized education program of his or
87	62
88	63
89		-	her ability to request those related service logs.
90		-	(d-5) If, at a meeting to develop or revise a child's
91		-	individualized education program, the individualized education
92		-	program team determines that a certain service is required in
93		-	order for the child to receive a free, appropriate public
94		-	education and that service is not implemented within 10 school
95		-	days after the service was to be initiated as set forth by the
96		-	child's individualized education program, then the local
97		-	education agency shall provide the child's parent or guardian
98		-	with written notification that the service has not yet been
99		-	implemented. The notification must be provided to the child's
100		-	parent or guardian within 3 school days of the local education
101		-	agency's non-compliance with the child's individualized
102		-	education program and must inform the parent or guardian about
103		-	the school district's procedures for requesting compensatory
104		-	services. In this subsection (d-5), "school days" does not
105		-	include days where a child is absent from school for reasons
106		-	unrelated to a lack of individualized education program
107		-	services or when the service is available, but the child is
108		-	unavailable.
109		-	(e) The State Board of Education may create a telephone
110		-	hotline to address complaints regarding the special education
111		-	services or lack of special education services of a school
112		-	district subject to this Section. If a hotline is created, it
113		-	must be available to all students enrolled in the school
114		-	district, parents or guardians of those students, and school
	64	+
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117		-	personnel. If a hotline is created, any complaints received
118		-	through the hotline must be registered and recorded with the
119		-	State Board's monitor of special education policies. No
120		-	student, parent or guardian, or member of school personnel may
121		-	be retaliated against for submitting a complaint through a
122		-	telephone hotline created by the State Board under this
123		-	subsection (e).
124		-	(f) A school district subject to this Section may not use
125		-	any measure that would prevent or delay an individualized
126		-	education program team from adding a service to the program or
127		-	create a time restriction in which a service is prohibited
128		-	from being added to the program. The school district may not
129		-	build functions into its computer software that would remove
130		-	any services from a student's individualized education program
131		-	without the approval of the program team and may not prohibit
132		-	the program team from adding a service to the program.
133		-	(Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
134		-	101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
	68	+	HB0340 Enrolled- 3 -LRB103 03867 RJT 48873 b HB0340 Enrolled - 3 - LRB103 03867 RJT 48873 b
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	70	+	1 meeting. For a child who is already eligible for special
	71	+	2 education and related services, the written material must
	72	+	3 include a copy of all individualized education program
	73	+	4 components that will be discussed by the individualized
	74	+	5 education program team, other than the components related to
	75	+	6 the educational and related service minutes proposed for the
	76	+	7 child and the child's placement.
	77	+	8 Parents shall also be informed of their right to review
	78	+	9 and copy their child's school student records prior to any
	79	+	10 special education eligibility or individualized education
	80	+	11 program review meeting, subject to the requirements of
	81	+	12 applicable federal and State law.
	82	+	13 (d) Local education agencies must make logs that record
	83	+	14 the delivery of related services administered under the
	84	+	15 child's individualized education program and the minutes of
	85	+	16 each type of related service that has been administered
	86	+	17 available to the child's parent or guardian at any time upon
	87	+	18 request of the child's parent or guardian. For purposes of
	88	+	19 this subsection (d), related services for which a log must be
	89	+	20 made are: speech and language services, occupational therapy
	90	+	21 services, physical therapy services, school social work
	91	+	22 services, school counseling services, school psychology
	92	+	23 services, and school nursing services. The local education
	93	+	24 agency must inform the child's parent or guardian within 20
	94	+	25 school days from the beginning of the school year or upon
	95	+	26 establishment of an individualized education program of his or
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB0340 Enrolled - 3 - LRB103 03867 RJT 48873 b
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	106	+	1 her ability to request those related service logs.
	107	+	2 (d-5) If, at a meeting to develop or revise a child's
	108	+	3 individualized education program, the individualized education
	109	+	4 program team determines that a certain service is required in
	110	+	5 order for the child to receive a free, appropriate public
	111	+	6 education and that service is not implemented within 10 school
	112	+	7 days after the service was to be initiated as set forth by the
	113	+	8 child's individualized education program, then the local
	114	+	9 education agency shall provide the child's parent or guardian
	115	+	10 with written notification that the service has not yet been
	116	+	11 implemented. The notification must be provided to the child's
	117	+	12 parent or guardian within 3 school days of the local education
	118	+	13 agency's non-compliance with the child's individualized
	119	+	14 education program and must inform the parent or guardian about
	120	+	15 the school district's procedures for requesting compensatory
	121	+	16 services. In this subsection (d-5), "school days" does not
	122	+	17 include days where a child is absent from school for reasons
	123	+	18 unrelated to a lack of individualized education program
	124	+	19 services or when the service is available, but the child is
	125	+	20 unavailable.
	126	+	21 (e) The State Board of Education may create a telephone
	127	+	22 hotline to address complaints regarding the special education
	128	+	23 services or lack of special education services of a school
	129	+	24 district subject to this Section. If a hotline is created, it
	130	+	25 must be available to all students enrolled in the school
	131	+	26 district, parents or guardians of those students, and school
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB0340 Enrolled - 4 - LRB103 03867 RJT 48873 b
	138	+
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	140	+	HB0340 Enrolled- 5 -LRB103 03867 RJT 48873 b HB0340 Enrolled - 5 - LRB103 03867 RJT 48873 b
	141	+	HB0340 Enrolled - 5 - LRB103 03867 RJT 48873 b
	142	+	1 personnel. If a hotline is created, any complaints received
	143	+	2 through the hotline must be registered and recorded with the
	144	+	3 State Board's monitor of special education policies. No
	145	+	4 student, parent or guardian, or member of school personnel may
	146	+	5 be retaliated against for submitting a complaint through a
	147	+	6 telephone hotline created by the State Board under this
	148	+	7 subsection (e).
	149	+	8 (f) A school district subject to this Section may not use
	150	+	9 any measure that would prevent or delay an individualized
	151	+	10 education program team from adding a service to the program or
	152	+	11 create a time restriction in which a service is prohibited
	153	+	12 from being added to the program. The school district may not
	154	+	13 build functions into its computer software that would remove
	155	+	14 any services from a student's individualized education program
	156	+	15 without the approval of the program team and may not prohibit
	157	+	16 the program team from adding a service to the program.
	158	+	17 (Source: P.A. 100-993, eff. 8-20-18; 101-515, eff. 8-23-19;
	159	+	18 101-598, eff. 12-6-19; 101-643, eff. 6-18-20.)
	160	+
	161	+
	162	+
	163	+
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	165	+	HB0340 Enrolled - 5 - LRB103 03867 RJT 48873 b