| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0197 | |
| 2 | 1 | HB3680 EnrolledLRB103 30463 RJT 56896 b HB3680 Enrolled LRB103 30463 RJT 56896 b | |
| 3 | 2 | HB3680 Enrolled LRB103 30463 RJT 56896 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 | - | 14-8.02 as follows: | |
| 9 | - | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02) | |
| 10 | - | Sec. 14-8.02. Identification, evaluation, and placement of | |
| 11 | - | children. | |
| 12 | - | (a) The State Board of Education shall make rules under | |
| 13 | - | which local school boards shall determine the eligibility of | |
| 14 | - | children to receive special education. Such rules shall ensure | |
| 15 | - | that a free appropriate public education be available to all | |
| 16 | - | children with disabilities as defined in Section 14-1.02. The | |
| 17 | - | State Board of Education shall require local school districts | |
| 18 | - | to administer non-discriminatory procedures or tests to | |
| 19 | - | English learners coming from homes in which a language other | |
| 20 | - | than English is used to determine their eligibility to receive | |
| 21 | - | special education. The placement of low English proficiency | |
| 22 | - | students in special education programs and facilities shall be | |
| 23 | - | made in accordance with the test results reflecting the | |
| 24 | - | student's linguistic, cultural and special education needs. | |
| 25 | - | For purposes of determining the eligibility of children the | |
| 26 | - | State Board of Education shall include in the rules | |
| 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 14-8.02 as follows: | |
| 8 | + | 6 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02) | |
| 9 | + | 7 Sec. 14-8.02. Identification, evaluation, and placement of | |
| 10 | + | 8 children. | |
| 11 | + | 9 (a) The State Board of Education shall make rules under | |
| 12 | + | 10 which local school boards shall determine the eligibility of | |
| 13 | + | 11 children to receive special education. Such rules shall ensure | |
| 14 | + | 12 that a free appropriate public education be available to all | |
| 15 | + | 13 children with disabilities as defined in Section 14-1.02. The | |
| 16 | + | 14 State Board of Education shall require local school districts | |
| 17 | + | 15 to administer non-discriminatory procedures or tests to | |
| 18 | + | 16 English learners coming from homes in which a language other | |
| 19 | + | 17 than English is used to determine their eligibility to receive | |
| 20 | + | 18 special education. The placement of low English proficiency | |
| 21 | + | 19 students in special education programs and facilities shall be | |
| 22 | + | 20 made in accordance with the test results reflecting the | |
| 23 | + | 21 student's linguistic, cultural and special education needs. | |
| 24 | + | 22 For purposes of determining the eligibility of children the | |
| 25 | + | 23 State Board of Education shall include in the rules | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB3680 Enrolled LRB103 30463 RJT 56896 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | definitions of "case study", "staff conference", | |
| 34 | - | "individualized educational program", and "qualified | |
| 35 | - | specialist" appropriate to each category of children with | |
| 36 | - | disabilities as defined in this Article. For purposes of | |
| 37 | - | determining the eligibility of children from homes in which a | |
| 38 | - | language other than English is used, the State Board of | |
| 39 | - | Education shall include in the rules definitions for | |
| 40 | - | "qualified bilingual specialists" and "linguistically and | |
| 41 | - | culturally appropriate individualized educational programs". | |
| 42 | - | For purposes of this Section, as well as Sections 14-8.02a, | |
| 43 | - | 14-8.02b, and 14-8.02c of this Code, "parent" means a parent | |
| 44 | - | as defined in the federal Individuals with Disabilities | |
| 45 | - | Education Act (20 U.S.C. 1401(23)). | |
| 46 | - | (b) No child shall be eligible for special education | |
| 47 | - | facilities except with a carefully completed case study fully | |
| 48 | - | reviewed by professional personnel in a multidisciplinary | |
| 49 | - | staff conference and only upon the recommendation of qualified | |
| 50 | - | specialists or a qualified bilingual specialist, if available. | |
| 51 | - | At the conclusion of the multidisciplinary staff conference, | |
| 52 | - | the parent of the child and, if the child is in the legal | |
| 53 | - | custody of the Department of Children and Family Services, the | |
| 54 | - | Department's Office of Education and Transition Services shall | |
| 55 | - | be given a copy of the multidisciplinary conference summary | |
| 56 | - | report and recommendations, which includes options considered, | |
| 57 | - | and, in the case of the parent, be informed of his or her right | |
| 58 | - | to obtain an independent educational evaluation if he or she | |
| 32 | + | HB3680 Enrolled- 2 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 2 - LRB103 30463 RJT 56896 b | |
| 33 | + | HB3680 Enrolled - 2 - LRB103 30463 RJT 56896 b | |
| 34 | + | 1 definitions of "case study", "staff conference", | |
| 35 | + | 2 "individualized educational program", and "qualified | |
| 36 | + | 3 specialist" appropriate to each category of children with | |
| 37 | + | 4 disabilities as defined in this Article. For purposes of | |
| 38 | + | 5 determining the eligibility of children from homes in which a | |
| 39 | + | 6 language other than English is used, the State Board of | |
| 40 | + | 7 Education shall include in the rules definitions for | |
| 41 | + | 8 "qualified bilingual specialists" and "linguistically and | |
| 42 | + | 9 culturally appropriate individualized educational programs". | |
| 43 | + | 10 For purposes of this Section, as well as Sections 14-8.02a, | |
| 44 | + | 11 14-8.02b, and 14-8.02c of this Code, "parent" means a parent | |
| 45 | + | 12 as defined in the federal Individuals with Disabilities | |
| 46 | + | 13 Education Act (20 U.S.C. 1401(23)). | |
| 47 | + | 14 (b) No child shall be eligible for special education | |
| 48 | + | 15 facilities except with a carefully completed case study fully | |
| 49 | + | 16 reviewed by professional personnel in a multidisciplinary | |
| 50 | + | 17 staff conference and only upon the recommendation of qualified | |
| 51 | + | 18 specialists or a qualified bilingual specialist, if available. | |
| 52 | + | 19 At the conclusion of the multidisciplinary staff conference, | |
| 53 | + | 20 the parent of the child and, if the child is in the legal | |
| 54 | + | 21 custody of the Department of Children and Family Services, the | |
| 55 | + | 22 Department's Office of Education and Transition Services shall | |
| 56 | + | 23 be given a copy of the multidisciplinary conference summary | |
| 57 | + | 24 report and recommendations, which includes options considered, | |
| 58 | + | 25 and, in the case of the parent, be informed of his or her right | |
| 59 | + | 26 to obtain an independent educational evaluation if he or she | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | disagrees with the evaluation findings conducted or obtained | |
| 62 | - | by the school district. If the school district's evaluation is | |
| 63 | - | shown to be inappropriate, the school district shall reimburse | |
| 64 | - | the parent for the cost of the independent evaluation. The | |
| 65 | - | State Board of Education shall, with advice from the State | |
| 66 | - | Advisory Council on Education of Children with Disabilities on | |
| 67 | - | the inclusion of specific independent educational evaluators, | |
| 68 | - | prepare a list of suggested independent educational | |
| 69 | - | evaluators. The State Board of Education shall include on the | |
| 70 | - | list clinical psychologists licensed pursuant to the Clinical | |
| 71 | - | Psychologist Licensing Act. Such psychologists shall not be | |
| 72 | - | paid fees in excess of the amount that would be received by a | |
| 73 | - | school psychologist for performing the same services. The | |
| 74 | - | State Board of Education shall supply school districts with | |
| 75 | - | such list and make the list available to parents at their | |
| 76 | - | request. School districts shall make the list available to | |
| 77 | - | parents at the time they are informed of their right to obtain | |
| 78 | - | an independent educational evaluation. However, the school | |
| 79 | - | district may initiate an impartial due process hearing under | |
| 80 | - | this Section within 5 days of any written parent request for an | |
| 81 | - | independent educational evaluation to show that its evaluation | |
| 82 | - | is appropriate. If the final decision is that the evaluation | |
| 83 | - | is appropriate, the parent still has a right to an independent | |
| 84 | - | educational evaluation, but not at public expense. An | |
| 85 | - | independent educational evaluation at public expense must be | |
| 86 | - | completed within 30 days of a parent written request unless | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | the school district initiates an impartial due process hearing | |
| 90 | - | or the parent or school district offers reasonable grounds to | |
| 91 | - | show that such 30-day time period should be extended. If the | |
| 92 | - | due process hearing decision indicates that the parent is | |
| 93 | - | entitled to an independent educational evaluation, it must be | |
| 94 | - | completed within 30 days of the decision unless the parent or | |
| 95 | - | the school district offers reasonable grounds to show that | |
| 96 | - | such 30-day period should be extended. If a parent disagrees | |
| 97 | - | with the summary report or recommendations of the | |
| 98 | - | multidisciplinary conference or the findings of any | |
| 99 | - | educational evaluation which results therefrom, the school | |
| 100 | - | district shall not proceed with a placement based upon such | |
| 101 | - | evaluation and the child shall remain in his or her regular | |
| 102 | - | classroom setting. No child shall be eligible for admission to | |
| 103 | - | a special class for children with a mental disability who are | |
| 104 | - | educable or for children with a mental disability who are | |
| 105 | - | trainable except with a psychological evaluation and | |
| 106 | - | recommendation by a school psychologist. Consent shall be | |
| 107 | - | obtained from the parent of a child before any evaluation is | |
| 108 | - | conducted. If consent is not given by the parent or if the | |
| 109 | - | parent disagrees with the findings of the evaluation, then the | |
| 110 | - | school district may initiate an impartial due process hearing | |
| 111 | - | under this Section. The school district may evaluate the child | |
| 112 | - | if that is the decision resulting from the impartial due | |
| 113 | - | process hearing and the decision is not appealed or if the | |
| 114 | - | decision is affirmed on appeal. The determination of | |
| 64 | + | ||
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| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | eligibility shall be made and the IEP meeting shall be | |
| 118 | - | completed within 60 school days from the date of written | |
| 119 | - | parental consent. In those instances when written parental | |
| 120 | - | consent is obtained with fewer than 60 pupil attendance days | |
| 121 | - | left in the school year, the eligibility determination shall | |
| 122 | - | be made and the IEP meeting shall be completed prior to the | |
| 123 | - | first day of the following school year. Special education and | |
| 124 | - | related services must be provided in accordance with the | |
| 125 | - | student's IEP no later than 10 school attendance days after | |
| 126 | - | notice is provided to the parents pursuant to Section 300.503 | |
| 127 | - | of Title 34 of the Code of Federal Regulations and | |
| 128 | - | implementing rules adopted by the State Board of Education. | |
| 129 | - | The appropriate program pursuant to the individualized | |
| 130 | - | educational program of students whose native tongue is a | |
| 131 | - | language other than English shall reflect the special | |
| 132 | - | education, cultural and linguistic needs. No later than | |
| 133 | - | September 1, 1993, the State Board of Education shall | |
| 134 | - | establish standards for the development, implementation and | |
| 135 | - | monitoring of appropriate bilingual special individualized | |
| 136 | - | educational programs. The State Board of Education shall | |
| 137 | - | further incorporate appropriate monitoring procedures to | |
| 138 | - | verify implementation of these standards. The district shall | |
| 139 | - | indicate to the parent, the State Board of Education, and, if | |
| 140 | - | applicable, the Department's Office of Education and | |
| 141 | - | Transition Services the nature of the services the child will | |
| 142 | - | receive for the regular school term while awaiting placement | |
| 68 | + | HB3680 Enrolled- 3 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 3 - LRB103 30463 RJT 56896 b | |
| 69 | + | HB3680 Enrolled - 3 - LRB103 30463 RJT 56896 b | |
| 70 | + | 1 disagrees with the evaluation findings conducted or obtained | |
| 71 | + | 2 by the school district. If the school district's evaluation is | |
| 72 | + | 3 shown to be inappropriate, the school district shall reimburse | |
| 73 | + | 4 the parent for the cost of the independent evaluation. The | |
| 74 | + | 5 State Board of Education shall, with advice from the State | |
| 75 | + | 6 Advisory Council on Education of Children with Disabilities on | |
| 76 | + | 7 the inclusion of specific independent educational evaluators, | |
| 77 | + | 8 prepare a list of suggested independent educational | |
| 78 | + | 9 evaluators. The State Board of Education shall include on the | |
| 79 | + | 10 list clinical psychologists licensed pursuant to the Clinical | |
| 80 | + | 11 Psychologist Licensing Act. Such psychologists shall not be | |
| 81 | + | 12 paid fees in excess of the amount that would be received by a | |
| 82 | + | 13 school psychologist for performing the same services. The | |
| 83 | + | 14 State Board of Education shall supply school districts with | |
| 84 | + | 15 such list and make the list available to parents at their | |
| 85 | + | 16 request. School districts shall make the list available to | |
| 86 | + | 17 parents at the time they are informed of their right to obtain | |
| 87 | + | 18 an independent educational evaluation. However, the school | |
| 88 | + | 19 district may initiate an impartial due process hearing under | |
| 89 | + | 20 this Section within 5 days of any written parent request for an | |
| 90 | + | 21 independent educational evaluation to show that its evaluation | |
| 91 | + | 22 is appropriate. If the final decision is that the evaluation | |
| 92 | + | 23 is appropriate, the parent still has a right to an independent | |
| 93 | + | 24 educational evaluation, but not at public expense. An | |
| 94 | + | 25 independent educational evaluation at public expense must be | |
| 95 | + | 26 completed within 30 days of a parent written request unless | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | in the appropriate special education class. At the child's | |
| 146 | - | initial IEP meeting and at each annual review meeting, the | |
| 147 | - | child's IEP team shall provide the child's parent or guardian | |
| 148 | - | and, if applicable, the Department's Office of Education and | |
| 149 | - | Transition Services with a written notification that informs | |
| 150 | - | the parent or guardian or the Department's Office of Education | |
| 151 | - | and Transition Services that the IEP team is required to | |
| 152 | - | consider whether the child requires assistive technology in | |
| 153 | - | order to receive free, appropriate public education. The | |
| 154 | - | notification must also include a toll-free telephone number | |
| 155 | - | and internet address for the State's assistive technology | |
| 156 | - | program. | |
| 157 | - | If the child is deaf, hard of hearing, blind, or visually | |
| 158 | - | impaired or has an orthopedic impairment or physical | |
| 159 | - | disability and he or she might be eligible to receive services | |
| 160 | - | from the Illinois School for the Deaf, the Illinois School for | |
| 161 | - | the Visually Impaired, or the Illinois Center for | |
| 162 | - | Rehabilitation and Education-Roosevelt, the school district | |
| 163 | - | shall notify the parents, in writing, of the existence of | |
| 164 | - | these schools and the services they provide and shall make a | |
| 165 | - | reasonable effort to inform the parents of the existence of | |
| 166 | - | other, local schools that provide similar services and the | |
| 167 | - | services that these other schools provide. This notification | |
| 168 | - | shall include without limitation information on school | |
| 169 | - | services, school admissions criteria, and school contact | |
| 170 | - | information. | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | In the development of the individualized education program | |
| 174 | - | for a student who has a disability on the autism spectrum | |
| 175 | - | (which includes autistic disorder, Asperger's disorder, | |
| 176 | - | pervasive developmental disorder not otherwise specified, | |
| 177 | - | childhood disintegrative disorder, and Rett Syndrome, as | |
| 178 | - | defined in the Diagnostic and Statistical Manual of Mental | |
| 179 | - | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | |
| 180 | - | consider all of the following factors: | |
| 181 | - | (1) The verbal and nonverbal communication needs of | |
| 182 | - | the child. | |
| 183 | - | (2) The need to develop social interaction skills and | |
| 184 | - | proficiencies. | |
| 185 | - | (3) The needs resulting from the child's unusual | |
| 186 | - | responses to sensory experiences. | |
| 187 | - | (4) The needs resulting from resistance to | |
| 188 | - | environmental change or change in daily routines. | |
| 189 | - | (5) The needs resulting from engagement in repetitive | |
| 190 | - | activities and stereotyped movements. | |
| 191 | - | (6) The need for any positive behavioral | |
| 192 | - | interventions, strategies, and supports to address any | |
| 193 | - | behavioral difficulties resulting from autism spectrum | |
| 194 | - | disorder. | |
| 195 | - | (7) Other needs resulting from the child's disability | |
| 196 | - | that impact progress in the general curriculum, including | |
| 197 | - | social and emotional development. | |
| 198 | - | Public Act 95-257 does not create any new entitlement to a | |
| 100 | + | ||
| 101 | + | HB3680 Enrolled - 3 - LRB103 30463 RJT 56896 b | |
| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | service, program, or benefit, but must not affect any | |
| 202 | - | entitlement to a service, program, or benefit created by any | |
| 203 | - | other law. | |
| 204 | - | If the student may be eligible to participate in the | |
| 205 | - | Home-Based Support Services Program for Adults with Mental | |
| 206 | - | Disabilities authorized under the Developmental Disability and | |
| 207 | - | Mental Disability Services Act upon becoming an adult, the | |
| 208 | - | student's individualized education program shall include plans | |
| 209 | - | for (i) determining the student's eligibility for those | |
| 210 | - | home-based services, (ii) enrolling the student in the program | |
| 211 | - | of home-based services, and (iii) developing a plan for the | |
| 212 | - | student's most effective use of the home-based services after | |
| 213 | - | the student becomes an adult and no longer receives special | |
| 214 | - | educational services under this Article. The plans developed | |
| 215 | - | under this paragraph shall include specific actions to be | |
| 216 | - | taken by specified individuals, agencies, or officials. | |
| 217 | - | (c) In the development of the individualized education | |
| 218 | - | program for a student who is functionally blind, it shall be | |
| 219 | - | presumed that proficiency in Braille reading and writing is | |
| 220 | - | essential for the student's satisfactory educational progress. | |
| 221 | - | For purposes of this subsection, the State Board of Education | |
| 222 | - | shall determine the criteria for a student to be classified as | |
| 223 | - | functionally blind. Students who are not currently identified | |
| 224 | - | as functionally blind who are also entitled to Braille | |
| 225 | - | instruction include: (i) those whose vision loss is so severe | |
| 226 | - | that they are unable to read and write at a level comparable to | |
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| 105 | + | HB3680 Enrolled - 4 - LRB103 30463 RJT 56896 b | |
| 106 | + | 1 the school district initiates an impartial due process hearing | |
| 107 | + | 2 or the parent or school district offers reasonable grounds to | |
| 108 | + | 3 show that such 30-day time period should be extended. If the | |
| 109 | + | 4 due process hearing decision indicates that the parent is | |
| 110 | + | 5 entitled to an independent educational evaluation, it must be | |
| 111 | + | 6 completed within 30 days of the decision unless the parent or | |
| 112 | + | 7 the school district offers reasonable grounds to show that | |
| 113 | + | 8 such 30-day period should be extended. If a parent disagrees | |
| 114 | + | 9 with the summary report or recommendations of the | |
| 115 | + | 10 multidisciplinary conference or the findings of any | |
| 116 | + | 11 educational evaluation which results therefrom, the school | |
| 117 | + | 12 district shall not proceed with a placement based upon such | |
| 118 | + | 13 evaluation and the child shall remain in his or her regular | |
| 119 | + | 14 classroom setting. No child shall be eligible for admission to | |
| 120 | + | 15 a special class for children with a mental disability who are | |
| 121 | + | 16 educable or for children with a mental disability who are | |
| 122 | + | 17 trainable except with a psychological evaluation and | |
| 123 | + | 18 recommendation by a school psychologist. Consent shall be | |
| 124 | + | 19 obtained from the parent of a child before any evaluation is | |
| 125 | + | 20 conducted. If consent is not given by the parent or if the | |
| 126 | + | 21 parent disagrees with the findings of the evaluation, then the | |
| 127 | + | 22 school district may initiate an impartial due process hearing | |
| 128 | + | 23 under this Section. The school district may evaluate the child | |
| 129 | + | 24 if that is the decision resulting from the impartial due | |
| 130 | + | 25 process hearing and the decision is not appealed or if the | |
| 131 | + | 26 decision is affirmed on appeal. The determination of | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | their peers solely through the use of vision, and (ii) those | |
| 230 | - | who show evidence of progressive vision loss that may result | |
| 231 | - | in functional blindness. Each student who is functionally | |
| 232 | - | blind shall be entitled to Braille reading and writing | |
| 233 | - | instruction that is sufficient to enable the student to | |
| 234 | - | communicate with the same level of proficiency as other | |
| 235 | - | students of comparable ability. Instruction should be provided | |
| 236 | - | to the extent that the student is physically and cognitively | |
| 237 | - | able to use Braille. Braille instruction may be used in | |
| 238 | - | combination with other special education services appropriate | |
| 239 | - | to the student's educational needs. The assessment of each | |
| 240 | - | student who is functionally blind for the purpose of | |
| 241 | - | developing the student's individualized education program | |
| 242 | - | shall include documentation of the student's strengths and | |
| 243 | - | weaknesses in Braille skills. Each person assisting in the | |
| 244 | - | development of the individualized education program for a | |
| 245 | - | student who is functionally blind shall receive information | |
| 246 | - | describing the benefits of Braille instruction. The | |
| 247 | - | individualized education program for each student who is | |
| 248 | - | functionally blind shall specify the appropriate learning | |
| 249 | - | medium or media based on the assessment report. | |
| 250 | - | (d) To the maximum extent appropriate, the placement shall | |
| 251 | - | provide the child with the opportunity to be educated with | |
| 252 | - | children who do not have a disability; provided that children | |
| 253 | - | with disabilities who are recommended to be placed into | |
| 254 | - | regular education classrooms are provided with supplementary | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | services to assist the children with disabilities to benefit | |
| 258 | - | from the regular classroom instruction and are included on the | |
| 259 | - | teacher's regular education class register. Subject to the | |
| 260 | - | limitation of the preceding sentence, placement in special | |
| 261 | - | classes, separate schools or other removal of the child with a | |
| 262 | - | disability from the regular educational environment shall | |
| 263 | - | occur only when the nature of the severity of the disability is | |
| 264 | - | such that education in the regular classes with the use of | |
| 265 | - | supplementary aids and services cannot be achieved | |
| 266 | - | satisfactorily. The placement of English learners with | |
| 267 | - | disabilities shall be in non-restrictive environments which | |
| 268 | - | provide for integration with peers who do not have | |
| 269 | - | disabilities in bilingual classrooms. Annually, each January, | |
| 270 | - | school districts shall report data on students from | |
| 271 | - | non-English speaking backgrounds receiving special education | |
| 272 | - | and related services in public and private facilities as | |
| 273 | - | prescribed in Section 2-3.30. If there is a disagreement | |
| 274 | - | between parties involved regarding the special education | |
| 275 | - | placement of any child, either in-state or out-of-state, the | |
| 276 | - | placement is subject to impartial due process procedures | |
| 277 | - | described in Article 10 of the Rules and Regulations to Govern | |
| 278 | - | the Administration and Operation of Special Education. | |
| 279 | - | (e) No child who comes from a home in which a language | |
| 280 | - | other than English is the principal language used may be | |
| 281 | - | assigned to any class or program under this Article until he | |
| 282 | - | has been given, in the principal language used by the child and | |
| 136 | + | ||
| 137 | + | HB3680 Enrolled - 4 - LRB103 30463 RJT 56896 b | |
| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | used in his home, tests reasonably related to his cultural | |
| 286 | - | environment. All testing and evaluation materials and | |
| 287 | - | procedures utilized for evaluation and placement shall not be | |
| 288 | - | linguistically, racially or culturally discriminatory. | |
| 289 | - | (f) Nothing in this Article shall be construed to require | |
| 290 | - | any child to undergo any physical examination or medical | |
| 291 | - | treatment whose parents object thereto on the grounds that | |
| 292 | - | such examination or treatment conflicts with his religious | |
| 293 | - | beliefs. | |
| 294 | - | (g) School boards or their designee shall provide to the | |
| 295 | - | parents of a child or, if applicable, the Department of | |
| 296 | - | Children and Family Services' Office of Education and | |
| 297 | - | Transition Services prior written notice of any decision (a) | |
| 298 | - | proposing to initiate or change, or (b) refusing to initiate | |
| 299 | - | or change, the identification, evaluation, or educational | |
| 300 | - | placement of the child or the provision of a free appropriate | |
| 301 | - | public education to their child, and the reasons therefor. For | |
| 302 | - | a parent, such written notification shall also inform the | |
| 303 | - | parent of the opportunity to present complaints with respect | |
| 304 | - | to any matter relating to the educational placement of the | |
| 305 | - | student, or the provision of a free appropriate public | |
| 306 | - | education and to have an impartial due process hearing on the | |
| 307 | - | complaint. The notice shall inform the parents in the parents' | |
| 308 | - | native language, unless it is clearly not feasible to do so, of | |
| 309 | - | their rights and all procedures available pursuant to this Act | |
| 310 | - | and the federal Individuals with Disabilities Education | |
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| 142 | + | 1 eligibility shall be made and the IEP meeting shall be | |
| 143 | + | 2 completed within 60 school days from the date of written | |
| 144 | + | 3 parental consent. In those instances when written parental | |
| 145 | + | 4 consent is obtained with fewer than 60 pupil attendance days | |
| 146 | + | 5 left in the school year, the eligibility determination shall | |
| 147 | + | 6 be made and the IEP meeting shall be completed prior to the | |
| 148 | + | 7 first day of the following school year. Special education and | |
| 149 | + | 8 related services must be provided in accordance with the | |
| 150 | + | 9 student's IEP no later than 10 school attendance days after | |
| 151 | + | 10 notice is provided to the parents pursuant to Section 300.503 | |
| 152 | + | 11 of Title 34 of the Code of Federal Regulations and | |
| 153 | + | 12 implementing rules adopted by the State Board of Education. | |
| 154 | + | 13 The appropriate program pursuant to the individualized | |
| 155 | + | 14 educational program of students whose native tongue is a | |
| 156 | + | 15 language other than English shall reflect the special | |
| 157 | + | 16 education, cultural and linguistic needs. No later than | |
| 158 | + | 17 September 1, 1993, the State Board of Education shall | |
| 159 | + | 18 establish standards for the development, implementation and | |
| 160 | + | 19 monitoring of appropriate bilingual special individualized | |
| 161 | + | 20 educational programs. The State Board of Education shall | |
| 162 | + | 21 further incorporate appropriate monitoring procedures to | |
| 163 | + | 22 verify implementation of these standards. The district shall | |
| 164 | + | 23 indicate to the parent, the State Board of Education, and, if | |
| 165 | + | 24 applicable, the Department's Office of Education and | |
| 166 | + | 25 Transition Services the nature of the services the child will | |
| 167 | + | 26 receive for the regular school term while awaiting placement | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | Improvement Act of 2004 (Public Law 108-446); it shall be the | |
| 314 | - | responsibility of the State Superintendent to develop uniform | |
| 315 | - | notices setting forth the procedures available under this Act | |
| 316 | - | and the federal Individuals with Disabilities Education | |
| 317 | - | Improvement Act of 2004 (Public Law 108-446) to be used by all | |
| 318 | - | school boards. The notice shall also inform the parents of the | |
| 319 | - | availability upon request of a list of free or low-cost legal | |
| 320 | - | and other relevant services available locally to assist | |
| 321 | - | parents in initiating an impartial due process hearing. The | |
| 322 | - | State Superintendent shall revise the uniform notices required | |
| 323 | - | by this subsection (g) to reflect current law and procedures | |
| 324 | - | at least once every 2 years. Any parent who is deaf or does not | |
| 325 | - | normally communicate using spoken English and who participates | |
| 326 | - | in a meeting with a representative of a local educational | |
| 327 | - | agency for the purposes of developing an individualized | |
| 328 | - | educational program or attends a multidisciplinary conference | |
| 329 | - | shall be entitled to the services of an interpreter. The State | |
| 330 | - | Board of Education must adopt rules to establish the criteria, | |
| 331 | - | standards, and competencies for a bilingual language | |
| 332 | - | interpreter who attends an individualized education program | |
| 333 | - | meeting under this subsection to assist a parent who has | |
| 334 | - | limited English proficiency. | |
| 335 | - | (g-5) For purposes of this subsection (g-5), "qualified | |
| 336 | - | professional" means an individual who holds credentials to | |
| 337 | - | evaluate the child in the domain or domains for which an | |
| 338 | - | evaluation is sought or an intern working under the direct | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | supervision of a qualified professional, including a master's | |
| 342 | - | or doctoral degree candidate. | |
| 343 | - | To ensure that a parent can participate fully and | |
| 344 | - | effectively with school personnel in the development of | |
| 345 | - | appropriate educational and related services for his or her | |
| 346 | - | child, the parent, an independent educational evaluator, or a | |
| 347 | - | qualified professional retained by or on behalf of a parent or | |
| 348 | - | child must be afforded reasonable access to educational | |
| 349 | - | facilities, personnel, classrooms, and buildings and to the | |
| 350 | - | child as provided in this subsection (g-5). The requirements | |
| 351 | - | of this subsection (g-5) apply to any public school facility, | |
| 352 | - | building, or program and to any facility, building, or program | |
| 353 | - | supported in whole or in part by public funds. Prior to | |
| 354 | - | visiting a school, school building, or school facility, the | |
| 355 | - | parent, independent educational evaluator, or qualified | |
| 356 | - | professional may be required by the school district to inform | |
| 357 | - | the building principal or supervisor in writing of the | |
| 358 | - | proposed visit, the purpose of the visit, and the approximate | |
| 359 | - | duration of the visit. The visitor and the school district | |
| 360 | - | shall arrange the visit or visits at times that are mutually | |
| 361 | - | agreeable. Visitors shall comply with school safety, security, | |
| 362 | - | and visitation policies at all times. School district | |
| 363 | - | visitation policies must not conflict with this subsection | |
| 364 | - | (g-5). Visitors shall be required to comply with the | |
| 365 | - | requirements of applicable privacy laws, including those laws | |
| 366 | - | protecting the confidentiality of education records such as | |
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| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | the federal Family Educational Rights and Privacy Act and the | |
| 370 | - | Illinois School Student Records Act. The visitor shall not | |
| 371 | - | disrupt the educational process. | |
| 372 | - | (1) A parent must be afforded reasonable access of | |
| 373 | - | sufficient duration and scope for the purpose of observing | |
| 374 | - | his or her child in the child's current educational | |
| 375 | - | placement, services, or program or for the purpose of | |
| 376 | - | visiting an educational placement or program proposed for | |
| 377 | - | the child. | |
| 378 | - | (2) An independent educational evaluator or a | |
| 379 | - | qualified professional retained by or on behalf of a | |
| 380 | - | parent or child must be afforded reasonable access of | |
| 381 | - | sufficient duration and scope for the purpose of | |
| 382 | - | conducting an evaluation of the child, the child's | |
| 383 | - | performance, the child's current educational program, | |
| 384 | - | placement, services, or environment, or any educational | |
| 385 | - | program, placement, services, or environment proposed for | |
| 386 | - | the child, including interviews of educational personnel, | |
| 387 | - | child observations, assessments, tests or assessments of | |
| 388 | - | the child's educational program, services, or placement or | |
| 389 | - | of any proposed educational program, services, or | |
| 390 | - | placement. If one or more interviews of school personnel | |
| 391 | - | are part of the evaluation, the interviews must be | |
| 392 | - | conducted at a mutually agreed upon time, date, and place | |
| 393 | - | that do not interfere with the school employee's school | |
| 394 | - | duties. The school district may limit interviews to | |
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| 178 | + | 1 in the appropriate special education class. At the child's | |
| 179 | + | 2 initial IEP meeting and at each annual review meeting, the | |
| 180 | + | 3 child's IEP team shall provide the child's parent or guardian | |
| 181 | + | 4 and, if applicable, the Department's Office of Education and | |
| 182 | + | 5 Transition Services with a written notification that informs | |
| 183 | + | 6 the parent or guardian or the Department's Office of Education | |
| 184 | + | 7 and Transition Services that the IEP team is required to | |
| 185 | + | 8 consider whether the child requires assistive technology in | |
| 186 | + | 9 order to receive free, appropriate public education. The | |
| 187 | + | 10 notification must also include a toll-free telephone number | |
| 188 | + | 11 and internet address for the State's assistive technology | |
| 189 | + | 12 program. | |
| 190 | + | 13 If the child is deaf, hard of hearing, blind, or visually | |
| 191 | + | 14 impaired or has an orthopedic impairment or physical | |
| 192 | + | 15 disability and he or she might be eligible to receive services | |
| 193 | + | 16 from the Illinois School for the Deaf, the Illinois School for | |
| 194 | + | 17 the Visually Impaired, or the Illinois Center for | |
| 195 | + | 18 Rehabilitation and Education-Roosevelt, the school district | |
| 196 | + | 19 shall notify the parents, in writing, of the existence of | |
| 197 | + | 20 these schools and the services they provide and shall make a | |
| 198 | + | 21 reasonable effort to inform the parents of the existence of | |
| 199 | + | 22 other, local schools that provide similar services and the | |
| 200 | + | 23 services that these other schools provide. This notification | |
| 201 | + | 24 shall include without limitation information on school | |
| 202 | + | 25 services, school admissions criteria, and school contact | |
| 203 | + | 26 information. | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | personnel having information relevant to the child's | |
| 398 | - | current educational services, program, or placement or to | |
| 399 | - | a proposed educational service, program, or placement. | |
| 400 | - | (h) In the development of the individualized education | |
| 401 | - | program or federal Section 504 plan for a student, if the | |
| 402 | - | student needs extra accommodation during emergencies, | |
| 403 | - | including natural disasters or an active shooter situation, | |
| 404 | - | then that accommodation shall be taken into account when | |
| 405 | - | developing the student's individualized education program or | |
| 406 | - | federal Section 504 plan. | |
| 407 | - | (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; | |
| 408 | - | 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | |
| 409 | - | 5-13-22; 102-1072, eff. 6-10-22.) | |
| 410 | - | Section 10. The School Safety Drill Act is amended by | |
| 411 | - | changing Section 20 as follows: | |
| 412 | - | (105 ILCS 128/20) | |
| 413 | - | Sec. 20. Number of drills; incidents covered; local | |
| 414 | - | authority participation. | |
| 415 | - | (a) During each academic year, schools must conduct a | |
| 416 | - | minimum of 3 school evacuation drills to address and prepare | |
| 417 | - | students and school personnel for fire incidents. These drills | |
| 418 | - | must meet all of the following criteria: | |
| 419 | - | (1) One of the 3 school evacuation drills shall | |
| 420 | - | require the participation of the appropriate local fire | |
| 421 | 206 | ||
| 422 | 207 | ||
| 423 | - | department or district. | |
| 424 | - | (A) Each local fire department or fire district | |
| 425 | - | must contact the appropriate school administrator or | |
| 426 | - | his or her designee no later than September 1 of each | |
| 427 | - | year in order to arrange for the participation of the | |
| 428 | - | department or district in the school evacuation drill. | |
| 429 | - | (B) Each school administrator or his or her | |
| 430 | - | designee must contact the responding local fire | |
| 431 | - | official no later than September 15 of each year and | |
| 432 | - | propose to the local fire official 4 dates within the | |
| 433 | - | month of October, during at least 2 different weeks of | |
| 434 | - | October, on which the drill shall occur. The fire | |
| 435 | - | official may choose any of the 4 available dates, and | |
| 436 | - | if he or she does so, the drill shall occur on that | |
| 437 | - | date. | |
| 438 | - | (C) The school administrator or his or her | |
| 439 | - | designee and the local fire official may also, by | |
| 440 | - | mutual agreement, set any other date for the drill, | |
| 441 | - | including a date outside of the month of October. | |
| 442 | - | (D) If the fire official does not select one of the | |
| 443 | - | 4 offered dates in October or set another date by | |
| 444 | - | mutual agreement, the requirement that the school | |
| 445 | - | include the local fire service in one of its mandatory | |
| 446 | - | school evacuation drills shall be waived. Schools, | |
| 447 | - | however, shall continue to be strongly encouraged to | |
| 448 | - | include the fire service in a school evacuation drill | |
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| 449 | 210 | ||
| 450 | 211 | ||
| 451 | - | at a mutually agreed-upon time. | |
| 452 | - | (E) Upon the participation of the local fire | |
| 453 | - | service, the appropriate local fire official shall | |
| 454 | - | certify that the school evacuation drill was | |
| 455 | - | conducted. | |
| 456 | - | (F) When scheduling the school evacuation drill, | |
| 457 | - | the school administrator or his or her designee and | |
| 458 | - | the local fire department or fire district may, by | |
| 459 | - | mutual agreement on or before September 14, choose to | |
| 460 | - | waive the provisions of subparagraphs (B), (C), and | |
| 461 | - | (D) of this paragraph (1). | |
| 462 | - | Additional school evacuation drills for fire incidents | |
| 463 | - | may involve the participation of the appropriate local | |
| 464 | - | fire department or district. | |
| 465 | - | (2) Schools may conduct additional school evacuation | |
| 466 | - | drills to account for other evacuation incidents, | |
| 467 | - | including without limitation suspicious items or bomb | |
| 468 | - | threats. | |
| 469 | - | (3) All drills shall be conducted at each school | |
| 470 | - | building that houses school children. | |
| 471 | - | (b) During each academic year, schools must conduct a | |
| 472 | - | minimum of one bus evacuation drill. This drill shall be | |
| 473 | - | accounted for in the curriculum in all public schools and in | |
| 474 | - | all other educational institutions in this State that are | |
| 475 | - | supported or maintained, in whole or in part, by public funds | |
| 476 | - | and that provide instruction in any of the grades kindergarten | |
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| 214 | + | 1 In the development of the individualized education program | |
| 215 | + | 2 for a student who has a disability on the autism spectrum | |
| 216 | + | 3 (which includes autistic disorder, Asperger's disorder, | |
| 217 | + | 4 pervasive developmental disorder not otherwise specified, | |
| 218 | + | 5 childhood disintegrative disorder, and Rett Syndrome, as | |
| 219 | + | 6 defined in the Diagnostic and Statistical Manual of Mental | |
| 220 | + | 7 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | |
| 221 | + | 8 consider all of the following factors: | |
| 222 | + | 9 (1) The verbal and nonverbal communication needs of | |
| 223 | + | 10 the child. | |
| 224 | + | 11 (2) The need to develop social interaction skills and | |
| 225 | + | 12 proficiencies. | |
| 226 | + | 13 (3) The needs resulting from the child's unusual | |
| 227 | + | 14 responses to sensory experiences. | |
| 228 | + | 15 (4) The needs resulting from resistance to | |
| 229 | + | 16 environmental change or change in daily routines. | |
| 230 | + | 17 (5) The needs resulting from engagement in repetitive | |
| 231 | + | 18 activities and stereotyped movements. | |
| 232 | + | 19 (6) The need for any positive behavioral | |
| 233 | + | 20 interventions, strategies, and supports to address any | |
| 234 | + | 21 behavioral difficulties resulting from autism spectrum | |
| 235 | + | 22 disorder. | |
| 236 | + | 23 (7) Other needs resulting from the child's disability | |
| 237 | + | 24 that impact progress in the general curriculum, including | |
| 238 | + | 25 social and emotional development. | |
| 239 | + | 26 Public Act 95-257 does not create any new entitlement to a | |
| 477 | 240 | ||
| 478 | 241 | ||
| 479 | - | through 12. This curriculum shall include instruction in safe | |
| 480 | - | bus riding practices for all students. Schools may conduct | |
| 481 | - | additional bus evacuation drills. All drills shall be | |
| 482 | - | conducted at each school building that houses school children. | |
| 483 | - | (b-5) Notwithstanding the minimum requirements established | |
| 484 | - | by this Act, private schools that do not utilize a bus to | |
| 485 | - | transport students for any purpose are exempt from subsection | |
| 486 | - | (b) of this Section, provided that the chief school | |
| 487 | - | administrator of the private school provides written assurance | |
| 488 | - | to the State Board of Education that the private school does | |
| 489 | - | not plan to utilize a bus to transport students for any purpose | |
| 490 | - | during the current academic year. The assurance must be made | |
| 491 | - | on a form supplied by the State Board of Education and filed no | |
| 492 | - | later than October 15. If a private school utilizes a bus to | |
| 493 | - | transport students for any purpose during an academic year | |
| 494 | - | when an assurance pursuant to this subsection (b-5) has been | |
| 495 | - | filed with the State Board of Education, the private school | |
| 496 | - | shall immediately notify the State Board of Education and | |
| 497 | - | comply with subsection (b) of this Section no later than 30 | |
| 498 | - | calendar days after utilization of the bus to transport | |
| 499 | - | students, except that, at the discretion of the private | |
| 500 | - | school, students chosen for participation in the bus | |
| 501 | - | evacuation drill need include only the subgroup of students | |
| 502 | - | that are utilizing bus transportation. | |
| 503 | - | (c) During each academic year, schools must conduct a law | |
| 504 | - | enforcement lockdown drill to address a school shooting | |
| 505 | 242 | ||
| 506 | 243 | ||
| 507 | - | incident. No later than 90 days after the first day of each | |
| 508 | - | school year, schools must conduct at least one law enforcement | |
| 509 | - | lockdown drill that addresses an active threat or an active | |
| 510 | - | shooter within a school building. Such drills must be | |
| 511 | - | conducted according to the school district's or private | |
| 512 | - | school's emergency and crisis response plans, protocols, and | |
| 513 | - | procedures to evaluate the preparedness of school personnel | |
| 514 | - | and students. Law enforcement lockdown drills must be | |
| 515 | - | conducted on days and times when students are normally present | |
| 516 | - | in the school building and must involve participation from all | |
| 517 | - | school personnel and students present at school at the time of | |
| 518 | - | the lockdown drill, except that administrators or school | |
| 519 | - | support personnel in their discretion may exempt students from | |
| 520 | - | the lockdown drill. The appropriate local law enforcement | |
| 521 | - | agency shall observe the administration of the lockdown drill. | |
| 522 | - | All drills must be conducted at each school building that | |
| 523 | - | houses school children. | |
| 524 | - | (1) A law enforcement lockdown drill must meet all of | |
| 525 | - | the following criteria: | |
| 526 | - | (A) During each calendar year, the appropriate | |
| 527 | - | local law enforcement agency shall contact the | |
| 528 | - | appropriate school administrator to request to | |
| 529 | - | participate in a law enforcement lockdown drill. The | |
| 530 | - | school administrator and local law enforcement agency | |
| 531 | - | shall set, by mutual agreement, a date for the | |
| 532 | - | lockdown drill. | |
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| 533 | 246 | ||
| 534 | 247 | ||
| 535 | - | (A-5) The lockdown drill shall require the on-site | |
| 536 | - | participation of the local law enforcement agency. If | |
| 537 | - | a mutually agreeable date cannot be reached between | |
| 538 | - | the school administrator and the appropriate local law | |
| 539 | - | enforcement agency, then the school shall still hold | |
| 540 | - | the lockdown drill without participation from the | |
| 541 | - | agency. | |
| 542 | - | (B) Upon the participation of a local law | |
| 543 | - | enforcement agency in a law enforcement lockdown | |
| 544 | - | drill, the appropriate local law enforcement official | |
| 545 | - | shall certify that the law enforcement lockdown drill | |
| 546 | - | was conducted and notify the school in a timely manner | |
| 547 | - | of any deficiencies noted during the drill. | |
| 548 | - | (C) The lockdown drill must not include | |
| 549 | - | simulations that mimic an actual school shooting | |
| 550 | - | incident or active shooter event. | |
| 551 | - | (D) All lockdown drills must be announced in | |
| 552 | - | advance to all school personnel and students prior to | |
| 553 | - | the commencement of the drill. | |
| 554 | - | (E) Lockdown drill content must be age appropriate | |
| 555 | - | and developmentally appropriate. | |
| 556 | - | (F) Lockdown drills must include and involve | |
| 557 | - | school personnel, including school-based mental health | |
| 558 | - | professionals. | |
| 559 | - | (G) Lockdown drills must include trauma-informed | |
| 560 | - | approaches to address the concerns and well-being of | |
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| 250 | + | 1 service, program, or benefit, but must not affect any | |
| 251 | + | 2 entitlement to a service, program, or benefit created by any | |
| 252 | + | 3 other law. | |
| 253 | + | 4 If the student may be eligible to participate in the | |
| 254 | + | 5 Home-Based Support Services Program for Adults with Mental | |
| 255 | + | 6 Disabilities authorized under the Developmental Disability and | |
| 256 | + | 7 Mental Disability Services Act upon becoming an adult, the | |
| 257 | + | 8 student's individualized education program shall include plans | |
| 258 | + | 9 for (i) determining the student's eligibility for those | |
| 259 | + | 10 home-based services, (ii) enrolling the student in the program | |
| 260 | + | 11 of home-based services, and (iii) developing a plan for the | |
| 261 | + | 12 student's most effective use of the home-based services after | |
| 262 | + | 13 the student becomes an adult and no longer receives special | |
| 263 | + | 14 educational services under this Article. The plans developed | |
| 264 | + | 15 under this paragraph shall include specific actions to be | |
| 265 | + | 16 taken by specified individuals, agencies, or officials. | |
| 266 | + | 17 (c) In the development of the individualized education | |
| 267 | + | 18 program for a student who is functionally blind, it shall be | |
| 268 | + | 19 presumed that proficiency in Braille reading and writing is | |
| 269 | + | 20 essential for the student's satisfactory educational progress. | |
| 270 | + | 21 For purposes of this subsection, the State Board of Education | |
| 271 | + | 22 shall determine the criteria for a student to be classified as | |
| 272 | + | 23 functionally blind. Students who are not currently identified | |
| 273 | + | 24 as functionally blind who are also entitled to Braille | |
| 274 | + | 25 instruction include: (i) those whose vision loss is so severe | |
| 275 | + | 26 that they are unable to read and write at a level comparable to | |
| 561 | 276 | ||
| 562 | 277 | ||
| 563 | - | students and school personnel. | |
| 564 | - | (2) Schools may conduct additional law enforcement | |
| 565 | - | drills at their discretion. | |
| 566 | - | (3) (Blank). | |
| 567 | - | (4) School administrators and school support personnel | |
| 568 | - | may, in their discretion, exempt a student or students | |
| 569 | - | from participating in a walk-through lockdown drill. When | |
| 570 | - | deciding whether to exempt a student from participating in | |
| 571 | - | a walk-through lockdown drill, the administrator and | |
| 572 | - | school support personnel shall include the student's | |
| 573 | - | individualized education program team or federal Section | |
| 574 | - | 504 plan team in the decision to exempt the student from | |
| 575 | - | participating. | |
| 576 | - | (5) Schools must provide sufficient information and | |
| 577 | - | notification to parents and guardians in advance of any | |
| 578 | - | walk-through lockdown drill that involves the | |
| 579 | - | participation of students. Schools must also provide to | |
| 580 | - | parents and guardians an opportunity to exempt their child | |
| 581 | - | for any reason from participating in the walk-through | |
| 582 | - | lockdown drill. | |
| 583 | - | (6) Schools must provide alternative safety education | |
| 584 | - | and instruction related to an active threat or active | |
| 585 | - | shooter event to students who do not participate in a | |
| 586 | - | walk-through lockdown drill to provide them with essential | |
| 587 | - | information, training, and instruction through less | |
| 588 | - | sensorial safety training methods. | |
| 589 | 278 | ||
| 590 | 279 | ||
| 591 | - | (7) During the drill, students must be allowed to ask | |
| 592 | - | questions related to the drill. | |
| 593 | - | (8) Law enforcement may choose to run an active | |
| 594 | - | shooter simulation, including simulated gun fire drills, | |
| 595 | - | but only on school days when students are not present. | |
| 596 | - | Parental notification is not required for drills conducted | |
| 597 | - | pursuant to this paragraph (8) if students are not | |
| 598 | - | required to be present. | |
| 599 | - | (d) During each academic year, schools must conduct a | |
| 600 | - | minimum of one severe weather and shelter-in-place drill to | |
| 601 | - | address and prepare students and school personnel for possible | |
| 602 | - | tornado incidents and may conduct additional severe weather | |
| 603 | - | and shelter-in-place drills to account for other incidents, | |
| 604 | - | including without limitation earthquakes or hazardous | |
| 605 | - | materials. All drills shall be conducted at each school | |
| 606 | - | building that houses school children. | |
| 607 | - | (Source: P.A. 102-395, eff. 8-16-21.) | |
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| 286 | + | 1 their peers solely through the use of vision, and (ii) those | |
| 287 | + | 2 who show evidence of progressive vision loss that may result | |
| 288 | + | 3 in functional blindness. Each student who is functionally | |
| 289 | + | 4 blind shall be entitled to Braille reading and writing | |
| 290 | + | 5 instruction that is sufficient to enable the student to | |
| 291 | + | 6 communicate with the same level of proficiency as other | |
| 292 | + | 7 students of comparable ability. Instruction should be provided | |
| 293 | + | 8 to the extent that the student is physically and cognitively | |
| 294 | + | 9 able to use Braille. Braille instruction may be used in | |
| 295 | + | 10 combination with other special education services appropriate | |
| 296 | + | 11 to the student's educational needs. The assessment of each | |
| 297 | + | 12 student who is functionally blind for the purpose of | |
| 298 | + | 13 developing the student's individualized education program | |
| 299 | + | 14 shall include documentation of the student's strengths and | |
| 300 | + | 15 weaknesses in Braille skills. Each person assisting in the | |
| 301 | + | 16 development of the individualized education program for a | |
| 302 | + | 17 student who is functionally blind shall receive information | |
| 303 | + | 18 describing the benefits of Braille instruction. The | |
| 304 | + | 19 individualized education program for each student who is | |
| 305 | + | 20 functionally blind shall specify the appropriate learning | |
| 306 | + | 21 medium or media based on the assessment report. | |
| 307 | + | 22 (d) To the maximum extent appropriate, the placement shall | |
| 308 | + | 23 provide the child with the opportunity to be educated with | |
| 309 | + | 24 children who do not have a disability; provided that children | |
| 310 | + | 25 with disabilities who are recommended to be placed into | |
| 311 | + | 26 regular education classrooms are provided with supplementary | |
| 312 | + | ||
| 313 | + | ||
| 314 | + | ||
| 315 | + | ||
| 316 | + | ||
| 317 | + | HB3680 Enrolled - 9 - LRB103 30463 RJT 56896 b | |
| 318 | + | ||
| 319 | + | ||
| 320 | + | HB3680 Enrolled- 10 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 10 - LRB103 30463 RJT 56896 b | |
| 321 | + | HB3680 Enrolled - 10 - LRB103 30463 RJT 56896 b | |
| 322 | + | 1 services to assist the children with disabilities to benefit | |
| 323 | + | 2 from the regular classroom instruction and are included on the | |
| 324 | + | 3 teacher's regular education class register. Subject to the | |
| 325 | + | 4 limitation of the preceding sentence, placement in special | |
| 326 | + | 5 classes, separate schools or other removal of the child with a | |
| 327 | + | 6 disability from the regular educational environment shall | |
| 328 | + | 7 occur only when the nature of the severity of the disability is | |
| 329 | + | 8 such that education in the regular classes with the use of | |
| 330 | + | 9 supplementary aids and services cannot be achieved | |
| 331 | + | 10 satisfactorily. The placement of English learners with | |
| 332 | + | 11 disabilities shall be in non-restrictive environments which | |
| 333 | + | 12 provide for integration with peers who do not have | |
| 334 | + | 13 disabilities in bilingual classrooms. Annually, each January, | |
| 335 | + | 14 school districts shall report data on students from | |
| 336 | + | 15 non-English speaking backgrounds receiving special education | |
| 337 | + | 16 and related services in public and private facilities as | |
| 338 | + | 17 prescribed in Section 2-3.30. If there is a disagreement | |
| 339 | + | 18 between parties involved regarding the special education | |
| 340 | + | 19 placement of any child, either in-state or out-of-state, the | |
| 341 | + | 20 placement is subject to impartial due process procedures | |
| 342 | + | 21 described in Article 10 of the Rules and Regulations to Govern | |
| 343 | + | 22 the Administration and Operation of Special Education. | |
| 344 | + | 23 (e) No child who comes from a home in which a language | |
| 345 | + | 24 other than English is the principal language used may be | |
| 346 | + | 25 assigned to any class or program under this Article until he | |
| 347 | + | 26 has been given, in the principal language used by the child and | |
| 348 | + | ||
| 349 | + | ||
| 350 | + | ||
| 351 | + | ||
| 352 | + | ||
| 353 | + | HB3680 Enrolled - 10 - LRB103 30463 RJT 56896 b | |
| 354 | + | ||
| 355 | + | ||
| 356 | + | HB3680 Enrolled- 11 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 11 - LRB103 30463 RJT 56896 b | |
| 357 | + | HB3680 Enrolled - 11 - LRB103 30463 RJT 56896 b | |
| 358 | + | 1 used in his home, tests reasonably related to his cultural | |
| 359 | + | 2 environment. All testing and evaluation materials and | |
| 360 | + | 3 procedures utilized for evaluation and placement shall not be | |
| 361 | + | 4 linguistically, racially or culturally discriminatory. | |
| 362 | + | 5 (f) Nothing in this Article shall be construed to require | |
| 363 | + | 6 any child to undergo any physical examination or medical | |
| 364 | + | 7 treatment whose parents object thereto on the grounds that | |
| 365 | + | 8 such examination or treatment conflicts with his religious | |
| 366 | + | 9 beliefs. | |
| 367 | + | 10 (g) School boards or their designee shall provide to the | |
| 368 | + | 11 parents of a child or, if applicable, the Department of | |
| 369 | + | 12 Children and Family Services' Office of Education and | |
| 370 | + | 13 Transition Services prior written notice of any decision (a) | |
| 371 | + | 14 proposing to initiate or change, or (b) refusing to initiate | |
| 372 | + | 15 or change, the identification, evaluation, or educational | |
| 373 | + | 16 placement of the child or the provision of a free appropriate | |
| 374 | + | 17 public education to their child, and the reasons therefor. For | |
| 375 | + | 18 a parent, such written notification shall also inform the | |
| 376 | + | 19 parent of the opportunity to present complaints with respect | |
| 377 | + | 20 to any matter relating to the educational placement of the | |
| 378 | + | 21 student, or the provision of a free appropriate public | |
| 379 | + | 22 education and to have an impartial due process hearing on the | |
| 380 | + | 23 complaint. The notice shall inform the parents in the parents' | |
| 381 | + | 24 native language, unless it is clearly not feasible to do so, of | |
| 382 | + | 25 their rights and all procedures available pursuant to this Act | |
| 383 | + | 26 and the federal Individuals with Disabilities Education | |
| 384 | + | ||
| 385 | + | ||
| 386 | + | ||
| 387 | + | ||
| 388 | + | ||
| 389 | + | HB3680 Enrolled - 11 - LRB103 30463 RJT 56896 b | |
| 390 | + | ||
| 391 | + | ||
| 392 | + | HB3680 Enrolled- 12 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 12 - LRB103 30463 RJT 56896 b | |
| 393 | + | HB3680 Enrolled - 12 - LRB103 30463 RJT 56896 b | |
| 394 | + | 1 Improvement Act of 2004 (Public Law 108-446); it shall be the | |
| 395 | + | 2 responsibility of the State Superintendent to develop uniform | |
| 396 | + | 3 notices setting forth the procedures available under this Act | |
| 397 | + | 4 and the federal Individuals with Disabilities Education | |
| 398 | + | 5 Improvement Act of 2004 (Public Law 108-446) to be used by all | |
| 399 | + | 6 school boards. The notice shall also inform the parents of the | |
| 400 | + | 7 availability upon request of a list of free or low-cost legal | |
| 401 | + | 8 and other relevant services available locally to assist | |
| 402 | + | 9 parents in initiating an impartial due process hearing. The | |
| 403 | + | 10 State Superintendent shall revise the uniform notices required | |
| 404 | + | 11 by this subsection (g) to reflect current law and procedures | |
| 405 | + | 12 at least once every 2 years. Any parent who is deaf or does not | |
| 406 | + | 13 normally communicate using spoken English and who participates | |
| 407 | + | 14 in a meeting with a representative of a local educational | |
| 408 | + | 15 agency for the purposes of developing an individualized | |
| 409 | + | 16 educational program or attends a multidisciplinary conference | |
| 410 | + | 17 shall be entitled to the services of an interpreter. The State | |
| 411 | + | 18 Board of Education must adopt rules to establish the criteria, | |
| 412 | + | 19 standards, and competencies for a bilingual language | |
| 413 | + | 20 interpreter who attends an individualized education program | |
| 414 | + | 21 meeting under this subsection to assist a parent who has | |
| 415 | + | 22 limited English proficiency. | |
| 416 | + | 23 (g-5) For purposes of this subsection (g-5), "qualified | |
| 417 | + | 24 professional" means an individual who holds credentials to | |
| 418 | + | 25 evaluate the child in the domain or domains for which an | |
| 419 | + | 26 evaluation is sought or an intern working under the direct | |
| 420 | + | ||
| 421 | + | ||
| 422 | + | ||
| 423 | + | ||
| 424 | + | ||
| 425 | + | HB3680 Enrolled - 12 - LRB103 30463 RJT 56896 b | |
| 426 | + | ||
| 427 | + | ||
| 428 | + | HB3680 Enrolled- 13 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 13 - LRB103 30463 RJT 56896 b | |
| 429 | + | HB3680 Enrolled - 13 - LRB103 30463 RJT 56896 b | |
| 430 | + | 1 supervision of a qualified professional, including a master's | |
| 431 | + | 2 or doctoral degree candidate. | |
| 432 | + | 3 To ensure that a parent can participate fully and | |
| 433 | + | 4 effectively with school personnel in the development of | |
| 434 | + | 5 appropriate educational and related services for his or her | |
| 435 | + | 6 child, the parent, an independent educational evaluator, or a | |
| 436 | + | 7 qualified professional retained by or on behalf of a parent or | |
| 437 | + | 8 child must be afforded reasonable access to educational | |
| 438 | + | 9 facilities, personnel, classrooms, and buildings and to the | |
| 439 | + | 10 child as provided in this subsection (g-5). The requirements | |
| 440 | + | 11 of this subsection (g-5) apply to any public school facility, | |
| 441 | + | 12 building, or program and to any facility, building, or program | |
| 442 | + | 13 supported in whole or in part by public funds. Prior to | |
| 443 | + | 14 visiting a school, school building, or school facility, the | |
| 444 | + | 15 parent, independent educational evaluator, or qualified | |
| 445 | + | 16 professional may be required by the school district to inform | |
| 446 | + | 17 the building principal or supervisor in writing of the | |
| 447 | + | 18 proposed visit, the purpose of the visit, and the approximate | |
| 448 | + | 19 duration of the visit. The visitor and the school district | |
| 449 | + | 20 shall arrange the visit or visits at times that are mutually | |
| 450 | + | 21 agreeable. Visitors shall comply with school safety, security, | |
| 451 | + | 22 and visitation policies at all times. School district | |
| 452 | + | 23 visitation policies must not conflict with this subsection | |
| 453 | + | 24 (g-5). Visitors shall be required to comply with the | |
| 454 | + | 25 requirements of applicable privacy laws, including those laws | |
| 455 | + | 26 protecting the confidentiality of education records such as | |
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | ||
| 460 | + | ||
| 461 | + | HB3680 Enrolled - 13 - LRB103 30463 RJT 56896 b | |
| 462 | + | ||
| 463 | + | ||
| 464 | + | HB3680 Enrolled- 14 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 14 - LRB103 30463 RJT 56896 b | |
| 465 | + | HB3680 Enrolled - 14 - LRB103 30463 RJT 56896 b | |
| 466 | + | 1 the federal Family Educational Rights and Privacy Act and the | |
| 467 | + | 2 Illinois School Student Records Act. The visitor shall not | |
| 468 | + | 3 disrupt the educational process. | |
| 469 | + | 4 (1) A parent must be afforded reasonable access of | |
| 470 | + | 5 sufficient duration and scope for the purpose of observing | |
| 471 | + | 6 his or her child in the child's current educational | |
| 472 | + | 7 placement, services, or program or for the purpose of | |
| 473 | + | 8 visiting an educational placement or program proposed for | |
| 474 | + | 9 the child. | |
| 475 | + | 10 (2) An independent educational evaluator or a | |
| 476 | + | 11 qualified professional retained by or on behalf of a | |
| 477 | + | 12 parent or child must be afforded reasonable access of | |
| 478 | + | 13 sufficient duration and scope for the purpose of | |
| 479 | + | 14 conducting an evaluation of the child, the child's | |
| 480 | + | 15 performance, the child's current educational program, | |
| 481 | + | 16 placement, services, or environment, or any educational | |
| 482 | + | 17 program, placement, services, or environment proposed for | |
| 483 | + | 18 the child, including interviews of educational personnel, | |
| 484 | + | 19 child observations, assessments, tests or assessments of | |
| 485 | + | 20 the child's educational program, services, or placement or | |
| 486 | + | 21 of any proposed educational program, services, or | |
| 487 | + | 22 placement. If one or more interviews of school personnel | |
| 488 | + | 23 are part of the evaluation, the interviews must be | |
| 489 | + | 24 conducted at a mutually agreed upon time, date, and place | |
| 490 | + | 25 that do not interfere with the school employee's school | |
| 491 | + | 26 duties. The school district may limit interviews to | |
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
| 496 | + | ||
| 497 | + | HB3680 Enrolled - 14 - LRB103 30463 RJT 56896 b | |
| 498 | + | ||
| 499 | + | ||
| 500 | + | HB3680 Enrolled- 15 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 15 - LRB103 30463 RJT 56896 b | |
| 501 | + | HB3680 Enrolled - 15 - LRB103 30463 RJT 56896 b | |
| 502 | + | 1 personnel having information relevant to the child's | |
| 503 | + | 2 current educational services, program, or placement or to | |
| 504 | + | 3 a proposed educational service, program, or placement. | |
| 505 | + | 4 (h) In the development of the individualized education | |
| 506 | + | 5 program or federal Section 504 plan for a student, if the | |
| 507 | + | 6 student needs extra accommodation during emergencies, | |
| 508 | + | 7 including natural disasters or an active shooter situation, | |
| 509 | + | 8 then that accommodation shall be taken into account when | |
| 510 | + | 9 developing the student's individualized education program or | |
| 511 | + | 10 federal Section 504 plan. | |
| 512 | + | 11 (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; | |
| 513 | + | 12 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | |
| 514 | + | 13 5-13-22; 102-1072, eff. 6-10-22.) | |
| 515 | + | 14 Section 10. The School Safety Drill Act is amended by | |
| 516 | + | 15 changing Section 20 as follows: | |
| 517 | + | 16 (105 ILCS 128/20) | |
| 518 | + | 17 Sec. 20. Number of drills; incidents covered; local | |
| 519 | + | 18 authority participation. | |
| 520 | + | 19 (a) During each academic year, schools must conduct a | |
| 521 | + | 20 minimum of 3 school evacuation drills to address and prepare | |
| 522 | + | 21 students and school personnel for fire incidents. These drills | |
| 523 | + | 22 must meet all of the following criteria: | |
| 524 | + | 23 (1) One of the 3 school evacuation drills shall | |
| 525 | + | 24 require the participation of the appropriate local fire | |
| 526 | + | ||
| 527 | + | ||
| 528 | + | ||
| 529 | + | ||
| 530 | + | ||
| 531 | + | HB3680 Enrolled - 15 - LRB103 30463 RJT 56896 b | |
| 532 | + | ||
| 533 | + | ||
| 534 | + | HB3680 Enrolled- 16 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 16 - LRB103 30463 RJT 56896 b | |
| 535 | + | HB3680 Enrolled - 16 - LRB103 30463 RJT 56896 b | |
| 536 | + | 1 department or district. | |
| 537 | + | 2 (A) Each local fire department or fire district | |
| 538 | + | 3 must contact the appropriate school administrator or | |
| 539 | + | 4 his or her designee no later than September 1 of each | |
| 540 | + | 5 year in order to arrange for the participation of the | |
| 541 | + | 6 department or district in the school evacuation drill. | |
| 542 | + | 7 (B) Each school administrator or his or her | |
| 543 | + | 8 designee must contact the responding local fire | |
| 544 | + | 9 official no later than September 15 of each year and | |
| 545 | + | 10 propose to the local fire official 4 dates within the | |
| 546 | + | 11 month of October, during at least 2 different weeks of | |
| 547 | + | 12 October, on which the drill shall occur. The fire | |
| 548 | + | 13 official may choose any of the 4 available dates, and | |
| 549 | + | 14 if he or she does so, the drill shall occur on that | |
| 550 | + | 15 date. | |
| 551 | + | 16 (C) The school administrator or his or her | |
| 552 | + | 17 designee and the local fire official may also, by | |
| 553 | + | 18 mutual agreement, set any other date for the drill, | |
| 554 | + | 19 including a date outside of the month of October. | |
| 555 | + | 20 (D) If the fire official does not select one of the | |
| 556 | + | 21 4 offered dates in October or set another date by | |
| 557 | + | 22 mutual agreement, the requirement that the school | |
| 558 | + | 23 include the local fire service in one of its mandatory | |
| 559 | + | 24 school evacuation drills shall be waived. Schools, | |
| 560 | + | 25 however, shall continue to be strongly encouraged to | |
| 561 | + | 26 include the fire service in a school evacuation drill | |
| 562 | + | ||
| 563 | + | ||
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | HB3680 Enrolled - 16 - LRB103 30463 RJT 56896 b | |
| 568 | + | ||
| 569 | + | ||
| 570 | + | HB3680 Enrolled- 17 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 17 - LRB103 30463 RJT 56896 b | |
| 571 | + | HB3680 Enrolled - 17 - LRB103 30463 RJT 56896 b | |
| 572 | + | 1 at a mutually agreed-upon time. | |
| 573 | + | 2 (E) Upon the participation of the local fire | |
| 574 | + | 3 service, the appropriate local fire official shall | |
| 575 | + | 4 certify that the school evacuation drill was | |
| 576 | + | 5 conducted. | |
| 577 | + | 6 (F) When scheduling the school evacuation drill, | |
| 578 | + | 7 the school administrator or his or her designee and | |
| 579 | + | 8 the local fire department or fire district may, by | |
| 580 | + | 9 mutual agreement on or before September 14, choose to | |
| 581 | + | 10 waive the provisions of subparagraphs (B), (C), and | |
| 582 | + | 11 (D) of this paragraph (1). | |
| 583 | + | 12 Additional school evacuation drills for fire incidents | |
| 584 | + | 13 may involve the participation of the appropriate local | |
| 585 | + | 14 fire department or district. | |
| 586 | + | 15 (2) Schools may conduct additional school evacuation | |
| 587 | + | 16 drills to account for other evacuation incidents, | |
| 588 | + | 17 including without limitation suspicious items or bomb | |
| 589 | + | 18 threats. | |
| 590 | + | 19 (3) All drills shall be conducted at each school | |
| 591 | + | 20 building that houses school children. | |
| 592 | + | 21 (b) During each academic year, schools must conduct a | |
| 593 | + | 22 minimum of one bus evacuation drill. This drill shall be | |
| 594 | + | 23 accounted for in the curriculum in all public schools and in | |
| 595 | + | 24 all other educational institutions in this State that are | |
| 596 | + | 25 supported or maintained, in whole or in part, by public funds | |
| 597 | + | 26 and that provide instruction in any of the grades kindergarten | |
| 598 | + | ||
| 599 | + | ||
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | HB3680 Enrolled - 17 - LRB103 30463 RJT 56896 b | |
| 604 | + | ||
| 605 | + | ||
| 606 | + | HB3680 Enrolled- 18 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 18 - LRB103 30463 RJT 56896 b | |
| 607 | + | HB3680 Enrolled - 18 - LRB103 30463 RJT 56896 b | |
| 608 | + | 1 through 12. This curriculum shall include instruction in safe | |
| 609 | + | 2 bus riding practices for all students. Schools may conduct | |
| 610 | + | 3 additional bus evacuation drills. All drills shall be | |
| 611 | + | 4 conducted at each school building that houses school children. | |
| 612 | + | 5 (b-5) Notwithstanding the minimum requirements established | |
| 613 | + | 6 by this Act, private schools that do not utilize a bus to | |
| 614 | + | 7 transport students for any purpose are exempt from subsection | |
| 615 | + | 8 (b) of this Section, provided that the chief school | |
| 616 | + | 9 administrator of the private school provides written assurance | |
| 617 | + | 10 to the State Board of Education that the private school does | |
| 618 | + | 11 not plan to utilize a bus to transport students for any purpose | |
| 619 | + | 12 during the current academic year. The assurance must be made | |
| 620 | + | 13 on a form supplied by the State Board of Education and filed no | |
| 621 | + | 14 later than October 15. If a private school utilizes a bus to | |
| 622 | + | 15 transport students for any purpose during an academic year | |
| 623 | + | 16 when an assurance pursuant to this subsection (b-5) has been | |
| 624 | + | 17 filed with the State Board of Education, the private school | |
| 625 | + | 18 shall immediately notify the State Board of Education and | |
| 626 | + | 19 comply with subsection (b) of this Section no later than 30 | |
| 627 | + | 20 calendar days after utilization of the bus to transport | |
| 628 | + | 21 students, except that, at the discretion of the private | |
| 629 | + | 22 school, students chosen for participation in the bus | |
| 630 | + | 23 evacuation drill need include only the subgroup of students | |
| 631 | + | 24 that are utilizing bus transportation. | |
| 632 | + | 25 (c) During each academic year, schools must conduct a law | |
| 633 | + | 26 enforcement lockdown drill to address a school shooting | |
| 634 | + | ||
| 635 | + | ||
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | HB3680 Enrolled - 18 - LRB103 30463 RJT 56896 b | |
| 640 | + | ||
| 641 | + | ||
| 642 | + | HB3680 Enrolled- 19 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 19 - LRB103 30463 RJT 56896 b | |
| 643 | + | HB3680 Enrolled - 19 - LRB103 30463 RJT 56896 b | |
| 644 | + | 1 incident. No later than 90 days after the first day of each | |
| 645 | + | 2 school year, schools must conduct at least one law enforcement | |
| 646 | + | 3 lockdown drill that addresses an active threat or an active | |
| 647 | + | 4 shooter within a school building. Such drills must be | |
| 648 | + | 5 conducted according to the school district's or private | |
| 649 | + | 6 school's emergency and crisis response plans, protocols, and | |
| 650 | + | 7 procedures to evaluate the preparedness of school personnel | |
| 651 | + | 8 and students. Law enforcement lockdown drills must be | |
| 652 | + | 9 conducted on days and times when students are normally present | |
| 653 | + | 10 in the school building and must involve participation from all | |
| 654 | + | 11 school personnel and students present at school at the time of | |
| 655 | + | 12 the lockdown drill, except that administrators or school | |
| 656 | + | 13 support personnel in their discretion may exempt students from | |
| 657 | + | 14 the lockdown drill. The appropriate local law enforcement | |
| 658 | + | 15 agency shall observe the administration of the lockdown drill. | |
| 659 | + | 16 All drills must be conducted at each school building that | |
| 660 | + | 17 houses school children. | |
| 661 | + | 18 (1) A law enforcement lockdown drill must meet all of | |
| 662 | + | 19 the following criteria: | |
| 663 | + | 20 (A) During each calendar year, the appropriate | |
| 664 | + | 21 local law enforcement agency shall contact the | |
| 665 | + | 22 appropriate school administrator to request to | |
| 666 | + | 23 participate in a law enforcement lockdown drill. The | |
| 667 | + | 24 school administrator and local law enforcement agency | |
| 668 | + | 25 shall set, by mutual agreement, a date for the | |
| 669 | + | 26 lockdown drill. | |
| 670 | + | ||
| 671 | + | ||
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | HB3680 Enrolled - 19 - LRB103 30463 RJT 56896 b | |
| 676 | + | ||
| 677 | + | ||
| 678 | + | HB3680 Enrolled- 20 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 20 - LRB103 30463 RJT 56896 b | |
| 679 | + | HB3680 Enrolled - 20 - LRB103 30463 RJT 56896 b | |
| 680 | + | 1 (A-5) The lockdown drill shall require the on-site | |
| 681 | + | 2 participation of the local law enforcement agency. If | |
| 682 | + | 3 a mutually agreeable date cannot be reached between | |
| 683 | + | 4 the school administrator and the appropriate local law | |
| 684 | + | 5 enforcement agency, then the school shall still hold | |
| 685 | + | 6 the lockdown drill without participation from the | |
| 686 | + | 7 agency. | |
| 687 | + | 8 (B) Upon the participation of a local law | |
| 688 | + | 9 enforcement agency in a law enforcement lockdown | |
| 689 | + | 10 drill, the appropriate local law enforcement official | |
| 690 | + | 11 shall certify that the law enforcement lockdown drill | |
| 691 | + | 12 was conducted and notify the school in a timely manner | |
| 692 | + | 13 of any deficiencies noted during the drill. | |
| 693 | + | 14 (C) The lockdown drill must not include | |
| 694 | + | 15 simulations that mimic an actual school shooting | |
| 695 | + | 16 incident or active shooter event. | |
| 696 | + | 17 (D) All lockdown drills must be announced in | |
| 697 | + | 18 advance to all school personnel and students prior to | |
| 698 | + | 19 the commencement of the drill. | |
| 699 | + | 20 (E) Lockdown drill content must be age appropriate | |
| 700 | + | 21 and developmentally appropriate. | |
| 701 | + | 22 (F) Lockdown drills must include and involve | |
| 702 | + | 23 school personnel, including school-based mental health | |
| 703 | + | 24 professionals. | |
| 704 | + | 25 (G) Lockdown drills must include trauma-informed | |
| 705 | + | 26 approaches to address the concerns and well-being of | |
| 706 | + | ||
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | HB3680 Enrolled - 20 - LRB103 30463 RJT 56896 b | |
| 712 | + | ||
| 713 | + | ||
| 714 | + | HB3680 Enrolled- 21 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 21 - LRB103 30463 RJT 56896 b | |
| 715 | + | HB3680 Enrolled - 21 - LRB103 30463 RJT 56896 b | |
| 716 | + | 1 students and school personnel. | |
| 717 | + | 2 (2) Schools may conduct additional law enforcement | |
| 718 | + | 3 drills at their discretion. | |
| 719 | + | 4 (3) (Blank). | |
| 720 | + | 5 (4) School administrators and school support personnel | |
| 721 | + | 6 may, in their discretion, exempt a student or students | |
| 722 | + | 7 from participating in a walk-through lockdown drill. When | |
| 723 | + | 8 deciding whether to exempt a student from participating in | |
| 724 | + | 9 a walk-through lockdown drill, the administrator and | |
| 725 | + | 10 school support personnel shall include the student's | |
| 726 | + | 11 individualized education program team or federal Section | |
| 727 | + | 12 504 plan team in the decision to exempt the student from | |
| 728 | + | 13 participating. | |
| 729 | + | 14 (5) Schools must provide sufficient information and | |
| 730 | + | 15 notification to parents and guardians in advance of any | |
| 731 | + | 16 walk-through lockdown drill that involves the | |
| 732 | + | 17 participation of students. Schools must also provide to | |
| 733 | + | 18 parents and guardians an opportunity to exempt their child | |
| 734 | + | 19 for any reason from participating in the walk-through | |
| 735 | + | 20 lockdown drill. | |
| 736 | + | 21 (6) Schools must provide alternative safety education | |
| 737 | + | 22 and instruction related to an active threat or active | |
| 738 | + | 23 shooter event to students who do not participate in a | |
| 739 | + | 24 walk-through lockdown drill to provide them with essential | |
| 740 | + | 25 information, training, and instruction through less | |
| 741 | + | 26 sensorial safety training methods. | |
| 742 | + | ||
| 743 | + | ||
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | HB3680 Enrolled - 21 - LRB103 30463 RJT 56896 b | |
| 748 | + | ||
| 749 | + | ||
| 750 | + | HB3680 Enrolled- 22 -LRB103 30463 RJT 56896 b HB3680 Enrolled - 22 - LRB103 30463 RJT 56896 b | |
| 751 | + | HB3680 Enrolled - 22 - LRB103 30463 RJT 56896 b | |
| 752 | + | 1 (7) During the drill, students must be allowed to ask | |
| 753 | + | 2 questions related to the drill. | |
| 754 | + | 3 (8) Law enforcement may choose to run an active | |
| 755 | + | 4 shooter simulation, including simulated gun fire drills, | |
| 756 | + | 5 but only on school days when students are not present. | |
| 757 | + | 6 Parental notification is not required for drills conducted | |
| 758 | + | 7 pursuant to this paragraph (8) if students are not | |
| 759 | + | 8 required to be present. | |
| 760 | + | 9 (d) During each academic year, schools must conduct a | |
| 761 | + | 10 minimum of one severe weather and shelter-in-place drill to | |
| 762 | + | 11 address and prepare students and school personnel for possible | |
| 763 | + | 12 tornado incidents and may conduct additional severe weather | |
| 764 | + | 13 and shelter-in-place drills to account for other incidents, | |
| 765 | + | 14 including without limitation earthquakes or hazardous | |
| 766 | + | 15 materials. All drills shall be conducted at each school | |
| 767 | + | 16 building that houses school children. | |
| 768 | + | 17 (Source: P.A. 102-395, eff. 8-16-21.) | |
| 769 | + | ||
| 770 | + | ||
| 771 | + | ||
| 772 | + | ||
| 773 | + | ||
| 774 | + | HB3680 Enrolled - 22 - LRB103 30463 RJT 56896 b |