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Illinois House Bill HB3862

Illinois 2023-2024 Regular Session

Illinois House Bill HB3862 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3862 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process. LRB103 30315 RJT 56743 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3862 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process. LRB103 30315 RJT 56743 b LRB103 30315 RJT 56743 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3862 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
44 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
55 Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 14-6.01 as follows:
1616 6 (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
1717 7 Sec. 14-6.01. Powers and duties of school boards. School
1818 8 boards of one or more school districts establishing and
1919 9 maintaining any of the educational facilities described in
2020 10 this Article shall, in connection therewith, exercise similar
2121 11 powers and duties as are prescribed by law for the
2222 12 establishment, maintenance, and management of other recognized
2323 13 educational facilities. Such school boards shall include only
2424 14 eligible children in the program and shall comply with all the
2525 15 requirements of this Article and all rules and regulations
2626 16 established by the State Board of Education. Such school
2727 17 boards shall accept in part-time attendance children with
2828 18 disabilities of the types described in Sections 14-1.02
2929 19 through 14-1.07 who are enrolled in nonpublic schools. A
3030 20 request for part-time attendance must be submitted by a parent
3131 21 or guardian of the child with a disability and may be made only
3232 22 to those public schools located in the district where the
3333 23 child attending the nonpublic school resides; however, nothing
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3862 Introduced , by Rep. Harry Benton SYNOPSIS AS INTRODUCED:
3838 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
3939 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
4040 Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process.
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6868 1 in this Section shall be construed as prohibiting an agreement
6969 2 between the district where the child resides and another
7070 3 public school district to provide special educational services
7171 4 if such an arrangement is deemed more convenient and
7272 5 economical. Special education and related services must be
7373 6 provided in accordance with the student's IEP no later than 10
7474 7 school attendance days after notice is provided to the parents
7575 8 pursuant to Section 300.503 of Title 34 of the Code of Federal
7676 9 Regulations and implementing rules adopted by the State Board
7777 10 of Education. Transportation for students in part time
7878 11 attendance shall be provided only if required in the child's
7979 12 individualized educational program on the basis of the child's
8080 13 disabling condition or as the special education program
8181 14 location may require.
8282 15 School boards shall ensure that the Individualized
8383 16 Education Program process is transparent for all students and
8484 17 the families of students. School boards shall adopt a policy
8585 18 to ensure equitable and clear access to the Individualized
8686 19 Education Program process.
8787 20 Beginning with the 2019-2020 school year, a school board
8888 21 shall post on its Internet website, if any, and incorporate
8989 22 into its student handbook or newsletter notice that students
9090 23 with disabilities who do not qualify for an individualized
9191 24 education program, as required by the federal Individuals with
9292 25 Disabilities Education Act and implementing provisions of this
9393 26 Code, may qualify for services under Section 504 of the
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104104 1 federal Rehabilitation Act of 1973 if the child (i) has a
105105 2 physical or mental impairment that substantially limits one or
106106 3 more major life activities, (ii) has a record of a physical or
107107 4 mental impairment, or (iii) is regarded as having a physical
108108 5 or mental impairment. Such notice shall identify the location
109109 6 and phone number of the office or agent of the school district
110110 7 to whom inquiries should be directed regarding the
111111 8 identification, assessment, and placement of such children.
112112 9 The notice shall also state that any parent who is deaf or does
113113 10 not typically communicate using spoken English and who
114114 11 participates in a Section 504 meeting with a representative of
115115 12 a local educational agency shall be entitled to the services
116116 13 of an interpreter.
117117 14 For a school district organized under Article 34 only,
118118 15 beginning with the 2019-2020 school year, the school district
119119 16 shall, in collaboration with its primary office overseeing
120120 17 special education, publish on the school district's publicly
121121 18 available website any proposed changes to its special
122122 19 education policies, directives, guidelines, or procedures that
123123 20 impact the provision of educational or related services to
124124 21 students with disabilities or the procedural safeguards
125125 22 afforded to students with disabilities or their parents or
126126 23 guardians made by the school district or school board. Any
127127 24 policy, directive, guideline, or procedural change that
128128 25 impacts those provisions or safeguards that is authorized by
129129 26 the school district's primary office overseeing special
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140140 1 education or any other administrative office of the school
141141 2 district must be published on the school district's publicly
142142 3 available website no later than 45 days before the adoption of
143143 4 that change. Any policy directive, guideline, or procedural
144144 5 change that impacts those provisions or safeguards that is
145145 6 authorized by the school board must be published on the school
146146 7 district's publicly available website no later than 30 days
147147 8 before the date of presentation to the school board for
148148 9 adoption. The school district's website must allow for virtual
149149 10 public comments on proposed special education policy,
150150 11 directive, guideline, or procedural changes that impact the
151151 12 provision of educational or related services to students with
152152 13 disabilities or the procedural safeguards afforded to students
153153 14 with disabilities or their parents or guardians from the date
154154 15 of the notification of the proposed change on the website
155155 16 until the date the change is adopted by the school district or
156156 17 until the date the change is presented to the school board for
157157 18 adoption. After the period for public comment is closed, the
158158 19 school district must maintain all public comments for a period
159159 20 of not less than 2 years from the date the special education
160160 21 change is adopted. The public comments are subject to the
161161 22 Freedom of Information Act. The school board shall, at a
162162 23 minimum, advertise the notice of the change and availability
163163 24 for public comment on its website. The State Board of
164164 25 Education may add additional reporting requirements for the
165165 26 district beyond policy, directive, guideline, or procedural
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176176 1 changes that impact the provision of educational or related
177177 2 services to students with disabilities or the procedural
178178 3 safeguards afforded to students with disabilities or their
179179 4 parents or guardians if the State Board determines it is in the
180180 5 best interest of the students enrolled in the district
181181 6 receiving special education services.
182182 7 School boards shall immediately provide upon request by
183183 8 any person written materials and other information that
184184 9 indicates the specific policies, procedures, rules and
185185 10 regulations regarding the identification, evaluation or
186186 11 educational placement of children with disabilities under
187187 12 Section 14-8.02 of the School Code. Such information shall
188188 13 include information regarding all rights and entitlements of
189189 14 such children under this Code, and of the opportunity to
190190 15 present complaints with respect to any matter relating to
191191 16 educational placement of the student, or the provision of a
192192 17 free appropriate public education and to have an impartial due
193193 18 process hearing on the complaint. The notice shall inform the
194194 19 parents or guardian in the parents' or guardian's native
195195 20 language, unless it is clearly not feasible to do so, of their
196196 21 rights and all procedures available pursuant to this Act and
197197 22 federal Public Law 94-142; it shall be the responsibility of
198198 23 the State Superintendent to develop uniform notices setting
199199 24 forth the procedures available under this Act and federal
200200 25 Public Law 94-142, as amended, to be used by all school boards.
201201 26 The notice shall also inform the parents or guardian of the
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212212 1 availability upon request of a list of free or low-cost legal
213213 2 and other relevant services available locally to assist
214214 3 parents or guardians in exercising rights or entitlements
215215 4 under this Code. For a school district organized under Article
216216 5 34 only, the school district must make the entirety of its
217217 6 special education Procedural Manual and any other guidance
218218 7 documents pertaining to special education publicly available,
219219 8 in print and on the school district's website, in both English
220220 9 and Spanish. Upon request, the school district must make the
221221 10 Procedural Manual and other guidance documents available in
222222 11 print in any other language and accessible for individuals
223223 12 with disabilities.
224224 13 Any parent or guardian who is deaf, or does not normally
225225 14 communicate using spoken English, who participates in a
226226 15 meeting with a representative of a local educational agency
227227 16 for the purposes of developing an individualized educational
228228 17 program shall be entitled to the services of an interpreter.
229229 18 No student with a disability or, in a school district
230230 19 organized under Article 34 of this Code, child with a learning
231231 20 disability may be denied promotion, graduation or a general
232232 21 diploma on the basis of failing a minimal competency test when
233233 22 such failure can be directly related to the disabling
234234 23 condition of the student. For the purpose of this Act,
235235 24 "minimal competency testing" is defined as tests which are
236236 25 constructed to measure the acquisition of skills to or beyond
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248248 1 Effective July 1, 1966, high school districts are
249249 2 financially responsible for the education of pupils with
250250 3 disabilities who are residents in their districts when such
251251 4 pupils have reached age 15 but may admit children with
252252 5 disabilities into special educational facilities without
253253 6 regard to graduation from the eighth grade after such pupils
254254 7 have reached the age of 14 1/2 years. Upon a pupil with a
255255 8 disability attaining the age of 14 1/2 years, it shall be the
256256 9 duty of the elementary school district in which the pupil
257257 10 resides to notify the high school district in which the pupil
258258 11 resides of the pupil's current eligibility for special
259259 12 education services, of the pupil's current program, and of all
260260 13 evaluation data upon which the current program is based. After
261261 14 an examination of that information the high school district
262262 15 may accept the current placement and all subsequent timelines
263263 16 shall be governed by the current individualized educational
264264 17 program; or the high school district may elect to conduct its
265265 18 own evaluation and multidisciplinary staff conference and
266266 19 formulate its own individualized educational program, in which
267267 20 case the procedures and timelines contained in Section 14-8.02
268268 21 shall apply.
269269 22 (Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
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