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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 English learners coming from homes in which a language other
17 than English is used to determine their eligibility to receive
18 special education. The placement of low English proficiency
19 students in special education programs and facilities shall be
20 made in accordance with the test results reflecting the
21 student's linguistic, cultural and special education needs.
22 For purposes of determining the eligibility of children the
23 State Board of Education shall include in the rules
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1 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
8 "qualified bilingual specialists" and "linguistically and
9 culturally appropriate individualized educational programs".
10 For purposes of this Section, as well as Sections 14-8.02a,
11 14-8.02b, and 14-8.02c of this Code, "parent" means a parent
12 as defined in the federal Individuals with Disabilities
13 Education Act (20 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 and, if the child is in the legal
21 custody of the Department of Children and Family Services, the
22 Department's Office of Education and Transition Services shall
23 be given a copy of the multidisciplinary conference summary
24 report and recommendations, which includes options considered,
25 and, in the case of the parent, be informed of his or her right
26 to obtain an independent educational evaluation if he or she
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1 disagrees with the evaluation findings conducted or obtained
2 by the school district. If the school district's evaluation is
3 shown to be inappropriate, the school district shall reimburse
4 the parent for the cost of the independent evaluation. The
5 State Board of Education shall, with advice from the State
6 Advisory Council on Education of Children with Disabilities on
7 the inclusion of specific independent educational evaluators,
8 prepare a list of suggested independent educational
9 evaluators. The State Board of Education shall include on the
10 list clinical psychologists licensed pursuant to the Clinical
11 Psychologist Licensing Act. Such psychologists shall not be
12 paid fees in excess of the amount that would be received by a
13 school psychologist for performing the same services. The
14 State Board of Education shall supply school districts with
15 such list and make the list available to parents at their
16 request. School districts shall make the list available to
17 parents at the time they are informed of their right to obtain
18 an independent educational evaluation. However, the school
19 district may initiate an impartial due process hearing under
20 this Section within 5 days of any written parent request for an
21 independent educational evaluation to show that its evaluation
22 is appropriate. If the final decision is that the evaluation
23 is appropriate, the parent still has a right to an independent
24 educational evaluation, but not at public expense. An
25 independent educational evaluation at public expense must be
26 completed within 30 days of a parent written request unless
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1 the school district initiates an impartial due process hearing
2 or the parent or school district offers reasonable grounds to
3 show that such 30-day time period should be extended. If the
4 due process hearing decision indicates that the parent is
5 entitled to an independent educational evaluation, it must be
6 completed within 30 days of the decision unless the parent or
7 the school district offers reasonable grounds to show that
8 such 30-day period should be extended. If a parent disagrees
9 with the summary report or recommendations of the
10 multidisciplinary conference or the findings of any
11 educational evaluation which results therefrom, the school
12 district shall not proceed with a placement based upon such
13 evaluation and the child shall remain in his or her regular
14 classroom setting. No child shall be eligible for admission to
15 a special class for children with a mental disability who are
16 educable or for children with a mental disability who are
17 trainable except with a psychological evaluation and
18 recommendation by a school psychologist. Consent shall be
19 obtained from the parent of a child before any evaluation is
20 conducted. If consent is not given by the parent or if the
21 parent disagrees with the findings of the evaluation, then the
22 school district may initiate an impartial due process hearing
23 under this Section. The school district may evaluate the child
24 if that is the decision resulting from the impartial due
25 process hearing and the decision is not appealed or if the
26 decision is affirmed on appeal. The determination of
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1 eligibility shall be made and the IEP meeting shall be
2 completed within 60 school days from the date of written
3 parental consent. In those instances when written parental
4 consent is obtained with fewer than 60 pupil attendance days
5 left in the school year, the eligibility determination shall
6 be made and the IEP meeting shall be completed prior to the
7 first day of the following school year. Special education and
8 related services must be provided in accordance with the
9 student's IEP no later than 10 school attendance days after
10 notice is provided to the parents pursuant to Section 300.503
11 of Title 34 of the Code of Federal Regulations and
12 implementing rules adopted by the State Board of Education.
13 The appropriate program pursuant to the individualized
14 educational program of students whose native tongue is a
15 language other than English shall reflect the special
16 education, cultural and linguistic needs. No later than
17 September 1, 1993, the State Board of Education shall
18 establish standards for the development, implementation and
19 monitoring of appropriate bilingual special individualized
20 educational programs. The State Board of Education shall
21 further incorporate appropriate monitoring procedures to
22 verify implementation of these standards. The district shall
23 indicate to the parent, the State Board of Education, and, if
24 applicable, the Department's Office of Education and
25 Transition Services the nature of the services the child will
26 receive for the regular school term while awaiting placement
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1 in the appropriate special education class. At the child's
2 initial IEP meeting and at each annual review meeting, the
3 child's IEP team shall provide the child's parent or guardian
4 and, if applicable, the Department's Office of Education and
5 Transition Services with a written notification that informs
6 the parent or guardian or the Department's Office of Education
7 and Transition Services that the IEP team is required to
8 consider whether the child requires assistive technology in
9 order to receive free, appropriate public education. The
10 notification must also include a toll-free telephone number
11 and internet address for the State's assistive technology
12 program.
13 If the child is deaf, hard of hearing, blind, or visually
14 impaired or has an orthopedic impairment or physical
15 disability and he or she might be eligible to receive services
16 from the Illinois School for the Deaf, the Illinois School for
17 the Visually Impaired, or the Illinois Center for
18 Rehabilitation and Education-Roosevelt, the school district
19 shall notify the parents, in writing, of the existence of
20 these schools and the services they provide and shall make a
21 reasonable effort to inform the parents of the existence of
22 other, local schools that provide similar services and the
23 services that these other schools provide. This notification
24 shall include without limitation information on school
25 services, school admissions criteria, and school contact
26 information.
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1 In the development of the individualized education program
2 for a student who has a disability on the autism spectrum
3 (which includes autistic disorder, Asperger's disorder,
4 pervasive developmental disorder not otherwise specified,
5 childhood disintegrative disorder, and Rett Syndrome, as
6 defined in the Diagnostic and Statistical Manual of Mental
7 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
8 consider all of the following factors:
9 (1) The verbal and nonverbal communication needs of
10 the child.
11 (2) The need to develop social interaction skills and
12 proficiencies.
13 (3) The needs resulting from the child's unusual
14 responses to sensory experiences.
15 (4) The needs resulting from resistance to
16 environmental change or change in daily routines.
17 (5) The needs resulting from engagement in repetitive
18 activities and stereotyped movements.
19 (6) The need for any positive behavioral
20 interventions, strategies, and supports to address any
21 behavioral difficulties resulting from autism spectrum
22 disorder.
23 (7) Other needs resulting from the child's disability
24 that impact progress in the general curriculum, including
25 social and emotional development.
26 Public Act 95-257 does not create any new entitlement to a
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1 service, program, or benefit, but must not affect any
2 entitlement to a service, program, or benefit created by any
3 other law.
4 If the student may be eligible to participate in the
5 Home-Based Support Services Program for Adults with Mental
6 Disabilities authorized under the Developmental Disability and
7 Mental Disability Services Act upon becoming an adult, the
8 student's individualized education program shall include plans
9 for (i) determining the student's eligibility for those
10 home-based services, (ii) enrolling the student in the program
11 of home-based services, and (iii) developing a plan for the
12 student's most effective use of the home-based services after
13 the student becomes an adult and no longer receives special
14 educational services under this Article. The plans developed
15 under this paragraph shall include specific actions to be
16 taken by specified individuals, agencies, or officials.
17 (c) In the development of the individualized education
18 program for a student who is functionally blind, it shall be
19 presumed that proficiency in Braille reading and writing is
20 essential for the student's satisfactory educational progress.
21 For purposes of this subsection, the State Board of Education
22 shall determine the criteria for a student to be classified as
23 functionally blind. Students who are not currently identified
24 as functionally blind who are also entitled to Braille
25 instruction include: (i) those whose vision loss is so severe
26 that they are unable to read and write at a level comparable to
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1 their peers solely through the use of vision, and (ii) those
2 who show evidence of progressive vision loss that may result
3 in functional blindness. Each student who is functionally
4 blind shall be entitled to Braille reading and writing
5 instruction that is sufficient to enable the student to
6 communicate with the same level of proficiency as other
7 students of comparable ability. Instruction should be provided
8 to the extent that the student is physically and cognitively
9 able to use Braille. Braille instruction may be used in
10 combination with other special education services appropriate
11 to the student's educational needs. The assessment of each
12 student who is functionally blind for the purpose of
13 developing the student's individualized education program
14 shall include documentation of the student's strengths and
15 weaknesses in Braille skills. Each person assisting in the
16 development of the individualized education program for a
17 student who is functionally blind shall receive information
18 describing the benefits of Braille instruction. The
19 individualized education program for each student who is
20 functionally blind shall specify the appropriate learning
21 medium or media based on the assessment report.
22 (d) To the maximum extent appropriate, the placement shall
23 provide the child with the opportunity to be educated with
24 children who do not have a disability; provided that children
25 with disabilities who are recommended to be placed into
26 regular education classrooms are provided with supplementary
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1 services to assist the children with disabilities to benefit
2 from the regular classroom instruction and are included on the
3 teacher's regular education class register. Subject to the
4 limitation of the preceding sentence, placement in special
5 classes, separate schools or other removal of the child with a
6 disability from the regular educational environment shall
7 occur only when the nature of the severity of the disability is
8 such that education in the regular classes with the use of
9 supplementary aids and services cannot be achieved
10 satisfactorily. The placement of English learners with
11 disabilities shall be in non-restrictive environments which
12 provide for integration with peers who do not have
13 disabilities in bilingual classrooms. Annually, each January,
14 school districts shall report data on students from
15 non-English speaking backgrounds receiving special education
16 and related services in public and private facilities as
17 prescribed in Section 2-3.30. If there is a disagreement
18 between parties involved regarding the special education
19 placement of any child, either in-state or out-of-state, the
20 placement is subject to impartial due process procedures
21 described in Article 10 of the Rules and Regulations to Govern
22 the Administration and Operation of Special Education.
23 (e) No child who comes from a home in which a language
24 other than English is the principal language used may be
25 assigned to any class or program under this Article until he
26 has been given, in the principal language used by the child and
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1 used in his home, tests reasonably related to his cultural
2 environment. All testing and evaluation materials and
3 procedures utilized for evaluation and placement shall not be
4 linguistically, racially or culturally discriminatory.
5 (f) Nothing in this Article shall be construed to require
6 any child to undergo any physical examination or medical
7 treatment whose parents object thereto on the grounds that
8 such examination or treatment conflicts with his religious
9 beliefs.
10 (g) School boards or their designee shall provide to the
11 parents of a child or, if applicable, the Department of
12 Children and Family Services' Office of Education and
13 Transition Services prior written notice of any decision (a)
14 proposing to initiate or change, or (b) refusing to initiate
15 or 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. For
18 a parent, such written notification shall also inform the
19 parent of the opportunity to present complaints with respect
20 to any matter relating to the educational placement of the
21 student, or the provision of a free appropriate public
22 education and to have an impartial due process hearing on the
23 complaint. The notice shall inform the parents in the parents'
24 native language, unless it is clearly not feasible to do so, of
25 their rights and all procedures available pursuant to this Act
26 and the federal Individuals with Disabilities Education
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1 Improvement Act of 2004 (Public Law 108-446); it shall be the
2 responsibility of the State Superintendent to develop uniform
3 notices setting forth the procedures available under this Act
4 and the federal Individuals with Disabilities Education
5 Improvement Act of 2004 (Public Law 108-446) to be used by all
6 school boards. The notice shall also inform the parents of the
7 availability upon request of a list of free or low-cost legal
8 and other relevant services available locally to assist
9 parents in initiating an impartial due process hearing. The
10 State Superintendent shall revise the uniform notices required
11 by this subsection (g) to reflect current law and procedures
12 at least once every 2 years. Any parent who is deaf or does not
13 normally communicate using spoken English and who participates
14 in a meeting with a representative of a local educational
15 agency for the purposes of developing an individualized
16 educational program or attends a multidisciplinary conference
17 shall be entitled to the services of an interpreter. The State
18 Board of Education must adopt rules to establish the criteria,
19 standards, and competencies for a bilingual language
20 interpreter who attends an individualized education program
21 meeting under this subsection to assist a parent who has
22 limited English proficiency.
23 (g-5) For purposes of this subsection (g-5), "qualified
24 professional" means an individual who holds credentials to
25 evaluate the child in the domain or domains for which an
26 evaluation is sought or an intern working under the direct
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1 supervision of a qualified professional, including a master's
2 or doctoral degree candidate.
3 To ensure that a parent can participate fully and
4 effectively with school personnel in the development of
5 appropriate educational and related services for his or her
6 child, the parent, an independent educational evaluator, or a
7 qualified professional retained by or on behalf of a parent or
8 child must be afforded reasonable access to educational
9 facilities, personnel, classrooms, and buildings and to the
10 child as provided in this subsection (g-5). The requirements
11 of this subsection (g-5) apply to any public school facility,
12 building, or program and to any facility, building, or program
13 supported in whole or in part by public funds. Prior to
14 visiting a school, school building, or school facility, the
15 parent, independent educational evaluator, or qualified
16 professional may be required by the school district to inform
17 the building principal or supervisor in writing of the
18 proposed visit, the purpose of the visit, and the approximate
19 duration of the visit. The visitor and the school district
20 shall arrange the visit or visits at times that are mutually
21 agreeable. Visitors shall comply with school safety, security,
22 and visitation policies at all times. School district
23 visitation policies must not conflict with this subsection
24 (g-5). Visitors shall be required to comply with the
25 requirements of applicable privacy laws, including those laws
26 protecting the confidentiality of education records such as
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1 the federal Family Educational Rights and Privacy Act and the
2 Illinois School Student Records Act. The visitor shall not
3 disrupt the educational process.
4 (1) A parent must be afforded reasonable access of
5 sufficient duration and scope for the purpose of observing
6 his or her child in the child's current educational
7 placement, services, or program or for the purpose of
8 visiting an educational placement or program proposed for
9 the child.
10 (2) An independent educational evaluator or a
11 qualified professional retained by or on behalf of a
12 parent or child must be afforded reasonable access of
13 sufficient duration and scope for the purpose of
14 conducting an evaluation of the child, the child's
15 performance, the child's current educational program,
16 placement, services, or environment, or any educational
17 program, placement, services, or environment proposed for
18 the child, including interviews of educational personnel,
19 child observations, assessments, tests or assessments of
20 the child's educational program, services, or placement or
21 of any proposed educational program, services, or
22 placement. If one or more interviews of school personnel
23 are part of the evaluation, the interviews must be
24 conducted at a mutually agreed upon time, date, and place
25 that do not interfere with the school employee's school
26 duties. The school district may limit interviews to
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1 personnel having information relevant to the child's
2 current educational services, program, or placement or to
3 a proposed educational service, program, or placement.
4 (h) In the development of the individualized education
5 program or federal Section 504 plan for a student, if the
6 student needs extra accommodation during emergencies,
7 including natural disasters or an active shooter situation,
8 then that accommodation shall be taken into account when
9 developing the student's individualized education program or
10 federal Section 504 plan.
11 (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
12 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
13 5-13-22; 102-1072, eff. 6-10-22.)
14 Section 10. The School Safety Drill Act is amended by
15 changing Section 20 as follows:
16 (105 ILCS 128/20)
17 Sec. 20. Number of drills; incidents covered; local
18 authority participation.
19 (a) During each academic year, schools must conduct a
20 minimum of 3 school evacuation drills to address and prepare
21 students and school personnel for fire incidents. These drills
22 must meet all of the following criteria:
23 (1) One of the 3 school evacuation drills shall
24 require the participation of the appropriate local fire
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1 department or district.
2 (A) Each local fire department or fire district
3 must contact the appropriate school administrator or
4 his or her designee no later than September 1 of each
5 year in order to arrange for the participation of the
6 department or district in the school evacuation drill.
7 (B) Each school administrator or his or her
8 designee must contact the responding local fire
9 official no later than September 15 of each year and
10 propose to the local fire official 4 dates within the
11 month of October, during at least 2 different weeks of
12 October, on which the drill shall occur. The fire
13 official may choose any of the 4 available dates, and
14 if he or she does so, the drill shall occur on that
15 date.
16 (C) The school administrator or his or her
17 designee and the local fire official may also, by
18 mutual agreement, set any other date for the drill,
19 including a date outside of the month of October.
20 (D) If the fire official does not select one of the
21 4 offered dates in October or set another date by
22 mutual agreement, the requirement that the school
23 include the local fire service in one of its mandatory
24 school evacuation drills shall be waived. Schools,
25 however, shall continue to be strongly encouraged to
26 include the fire service in a school evacuation drill
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1 at a mutually agreed-upon time.
2 (E) Upon the participation of the local fire
3 service, the appropriate local fire official shall
4 certify that the school evacuation drill was
5 conducted.
6 (F) When scheduling the school evacuation drill,
7 the school administrator or his or her designee and
8 the local fire department or fire district may, by
9 mutual agreement on or before September 14, choose to
10 waive the provisions of subparagraphs (B), (C), and
11 (D) of this paragraph (1).
12 Additional school evacuation drills for fire incidents
13 may involve the participation of the appropriate local
14 fire department or district.
15 (2) Schools may conduct additional school evacuation
16 drills to account for other evacuation incidents,
17 including without limitation suspicious items or bomb
18 threats.
19 (3) All drills shall be conducted at each school
20 building that houses school children.
21 (b) During each academic year, schools must conduct a
22 minimum of one bus evacuation drill. This drill shall be
23 accounted for in the curriculum in all public schools and in
24 all other educational institutions in this State that are
25 supported or maintained, in whole or in part, by public funds
26 and that provide instruction in any of the grades kindergarten
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1 through 12. This curriculum shall include instruction in safe
2 bus riding practices for all students. Schools may conduct
3 additional bus evacuation drills. All drills shall be
4 conducted at each school building that houses school children.
5 (b-5) Notwithstanding the minimum requirements established
6 by this Act, private schools that do not utilize a bus to
7 transport students for any purpose are exempt from subsection
8 (b) of this Section, provided that the chief school
9 administrator of the private school provides written assurance
10 to the State Board of Education that the private school does
11 not plan to utilize a bus to transport students for any purpose
12 during the current academic year. The assurance must be made
13 on a form supplied by the State Board of Education and filed no
14 later than October 15. If a private school utilizes a bus to
15 transport students for any purpose during an academic year
16 when an assurance pursuant to this subsection (b-5) has been
17 filed with the State Board of Education, the private school
18 shall immediately notify the State Board of Education and
19 comply with subsection (b) of this Section no later than 30
20 calendar days after utilization of the bus to transport
21 students, except that, at the discretion of the private
22 school, students chosen for participation in the bus
23 evacuation drill need include only the subgroup of students
24 that are utilizing bus transportation.
25 (c) During each academic year, schools must conduct a law
26 enforcement lockdown drill to address a school shooting
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1 incident. No later than 90 days after the first day of each
2 school year, schools must conduct at least one law enforcement
3 lockdown drill that addresses an active threat or an active
4 shooter within a school building. Such drills must be
5 conducted according to the school district's or private
6 school's emergency and crisis response plans, protocols, and
7 procedures to evaluate the preparedness of school personnel
8 and students. Law enforcement lockdown drills must be
9 conducted on days and times when students are normally present
10 in the school building and must involve participation from all
11 school personnel and students present at school at the time of
12 the lockdown drill, except that administrators or school
13 support personnel in their discretion may exempt students from
14 the lockdown drill. The appropriate local law enforcement
15 agency shall observe the administration of the lockdown drill.
16 All drills must be conducted at each school building that
17 houses school children.
18 (1) A law enforcement lockdown drill must meet all of
19 the following criteria:
20 (A) During each calendar year, the appropriate
21 local law enforcement agency shall contact the
22 appropriate school administrator to request to
23 participate in a law enforcement lockdown drill. The
24 school administrator and local law enforcement agency
25 shall set, by mutual agreement, a date for the
26 lockdown drill.
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1 (A-5) The lockdown drill shall require the on-site
2 participation of the local law enforcement agency. If
3 a mutually agreeable date cannot be reached between
4 the school administrator and the appropriate local law
5 enforcement agency, then the school shall still hold
6 the lockdown drill without participation from the
7 agency.
8 (B) Upon the participation of a local law
9 enforcement agency in a law enforcement lockdown
10 drill, the appropriate local law enforcement official
11 shall certify that the law enforcement lockdown drill
12 was conducted and notify the school in a timely manner
13 of any deficiencies noted during the drill.
14 (C) The lockdown drill must not include
15 simulations that mimic an actual school shooting
16 incident or active shooter event.
17 (D) All lockdown drills must be announced in
18 advance to all school personnel and students prior to
19 the commencement of the drill.
20 (E) Lockdown drill content must be age appropriate
21 and developmentally appropriate.
22 (F) Lockdown drills must include and involve
23 school personnel, including school-based mental health
24 professionals.
25 (G) Lockdown drills must include trauma-informed
26 approaches to address the concerns and well-being of
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1 students and school personnel.
2 (2) Schools may conduct additional law enforcement
3 drills at their discretion.
4 (3) (Blank).
5 (4) School administrators and school support personnel
6 may, in their discretion, exempt a student or students
7 from participating in a walk-through lockdown drill. When
8 deciding whether to exempt a student from participating in
9 a walk-through lockdown drill, the administrator and
10 school support personnel shall include the student's
11 individualized education program team or federal Section
12 504 plan team in the decision to exempt the student from
13 participating.
14 (5) Schools must provide sufficient information and
15 notification to parents and guardians in advance of any
16 walk-through lockdown drill that involves the
17 participation of students. Schools must also provide to
18 parents and guardians an opportunity to exempt their child
19 for any reason from participating in the walk-through
20 lockdown drill.
21 (6) Schools must provide alternative safety education
22 and instruction related to an active threat or active
23 shooter event to students who do not participate in a
24 walk-through lockdown drill to provide them with essential
25 information, training, and instruction through less
26 sensorial safety training methods.
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1 (7) During the drill, students must be allowed to ask
2 questions related to the drill.
3 (8) Law enforcement may choose to run an active
4 shooter simulation, including simulated gun fire drills,
5 but only on school days when students are not present.
6 Parental notification is not required for drills conducted
7 pursuant to this paragraph (8) if students are not
8 required to be present.
9 (d) During each academic year, schools must conduct a
10 minimum of one severe weather and shelter-in-place drill to
11 address and prepare students and school personnel for possible
12 tornado incidents and may conduct additional severe weather
13 and shelter-in-place drills to account for other incidents,
14 including without limitation earthquakes or hazardous
15 materials. All drills shall be conducted at each school
16 building that houses school children.
17 (Source: P.A. 102-395, eff. 8-16-21.)
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