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Illinois House Bill HB3111

Illinois 2025-2026 Regular Session

Illinois House Bill HB3111 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 Amends the Children with Disabilities Article of the School Code. With respect to identification, evaluation, and placement, provides that, beginning no later than the first annual review meeting after a child turns 13 years of age, the individualized education program (IEP) team shall determine at each annual review meeting whether it would be appropriate for the child to participate in IEP meetings with the child's IEP team. LRB104 08414 LNS 18465 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 Amends the Children with Disabilities Article of the School Code. With respect to identification, evaluation, and placement, provides that, beginning no later than the first annual review meeting after a child turns 13 years of age, the individualized education program (IEP) team shall determine at each annual review meeting whether it would be appropriate for the child to participate in IEP meetings with the child's IEP team. LRB104 08414 LNS 18465 b LRB104 08414 LNS 18465 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
44 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
55 Amends the Children with Disabilities Article of the School Code. With respect to identification, evaluation, and placement, provides that, beginning no later than the first annual review meeting after a child turns 13 years of age, the individualized education program (IEP) team shall determine at each annual review meeting whether it would be appropriate for the child to participate in IEP meetings with the child's IEP team.
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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 14-8.02 as follows:
1616 6 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
1717 7 Sec. 14-8.02. Identification, evaluation, and placement of
1818 8 children.
1919 9 (a) The State Board of Education shall make rules under
2020 10 which local school boards shall determine the eligibility of
2121 11 children to receive special education. Such rules shall ensure
2222 12 that a free appropriate public education be available to all
2323 13 children with disabilities as defined in Section 14-1.02. The
2424 14 State Board of Education shall require local school districts
2525 15 to administer non-discriminatory procedures or tests to
2626 16 English learners coming from homes in which a language other
2727 17 than English is used to determine their eligibility to receive
2828 18 special education. The placement of low English proficiency
2929 19 students in special education programs and facilities shall be
3030 20 made in accordance with the test results reflecting the
3131 21 student's linguistic, cultural and special education needs.
3232 22 For purposes of determining the eligibility of children the
3333 23 State Board of Education shall include in the rules
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3838 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
3939 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
4040 Amends the Children with Disabilities Article of the School Code. With respect to identification, evaluation, and placement, provides that, beginning no later than the first annual review meeting after a child turns 13 years of age, the individualized education program (IEP) team shall determine at each annual review meeting whether it would be appropriate for the child to participate in IEP meetings with the child's IEP team.
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6868 1 definitions of "case study", "staff conference",
6969 2 "individualized educational program", and "qualified
7070 3 specialist" appropriate to each category of children with
7171 4 disabilities as defined in this Article. For purposes of
7272 5 determining the eligibility of children from homes in which a
7373 6 language other than English is used, the State Board of
7474 7 Education shall include in the rules definitions for
7575 8 "qualified bilingual specialists" and "linguistically and
7676 9 culturally appropriate individualized educational programs".
7777 10 For purposes of this Section, as well as Sections 14-8.02a,
7878 11 14-8.02b, and 14-8.02c of this Code, "parent" means a parent
7979 12 as defined in the federal Individuals with Disabilities
8080 13 Education Act (20 U.S.C. 1401(23)).
8181 14 (b) No child shall be eligible for special education
8282 15 facilities except with a carefully completed case study fully
8383 16 reviewed by professional personnel in a multidisciplinary
8484 17 staff conference and only upon the recommendation of qualified
8585 18 specialists or a qualified bilingual specialist, if available.
8686 19 At the conclusion of the multidisciplinary staff conference,
8787 20 the parent of the child and, if the child is in the legal
8888 21 custody of the Department of Children and Family Services, the
8989 22 Department's Office of Education and Transition Services shall
9090 23 be given a copy of the multidisciplinary conference summary
9191 24 report and recommendations, which includes options considered,
9292 25 and, in the case of the parent, be informed of his or her right
9393 26 to obtain an independent educational evaluation if he or she
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104104 1 disagrees with the evaluation findings conducted or obtained
105105 2 by the school district. If the school district's evaluation is
106106 3 shown to be inappropriate, the school district shall reimburse
107107 4 the parent for the cost of the independent evaluation. The
108108 5 State Board of Education shall, with advice from the State
109109 6 Advisory Council on Education of Children with Disabilities on
110110 7 the inclusion of specific independent educational evaluators,
111111 8 prepare a list of suggested independent educational
112112 9 evaluators. The State Board of Education shall include on the
113113 10 list clinical psychologists licensed pursuant to the Clinical
114114 11 Psychologist Licensing Act. Such psychologists shall not be
115115 12 paid fees in excess of the amount that would be received by a
116116 13 school psychologist for performing the same services. The
117117 14 State Board of Education shall supply school districts with
118118 15 such list and make the list available to parents at their
119119 16 request. School districts shall make the list available to
120120 17 parents at the time they are informed of their right to obtain
121121 18 an independent educational evaluation. However, the school
122122 19 district may initiate an impartial due process hearing under
123123 20 this Section within 5 days of any written parent request for an
124124 21 independent educational evaluation to show that its evaluation
125125 22 is appropriate. If the final decision is that the evaluation
126126 23 is appropriate, the parent still has a right to an independent
127127 24 educational evaluation, but not at public expense. An
128128 25 independent educational evaluation at public expense must be
129129 26 completed within 30 days of a parent's written request unless
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140140 1 the school district initiates an impartial due process hearing
141141 2 or the parent or school district offers reasonable grounds to
142142 3 show that such 30-day time period should be extended. If the
143143 4 due process hearing decision indicates that the parent is
144144 5 entitled to an independent educational evaluation, it must be
145145 6 completed within 30 days of the decision unless the parent or
146146 7 the school district offers reasonable grounds to show that
147147 8 such 30-day period should be extended. If a parent disagrees
148148 9 with the summary report or recommendations of the
149149 10 multidisciplinary conference or the findings of any
150150 11 educational evaluation which results therefrom, the school
151151 12 district shall not proceed with a placement based upon such
152152 13 evaluation and the child shall remain in his or her regular
153153 14 classroom setting. No child shall be eligible for admission to
154154 15 a special class for children with a mental disability who are
155155 16 educable or for children with a mental disability who are
156156 17 trainable except with a psychological evaluation and
157157 18 recommendation by a school psychologist. Consent shall be
158158 19 obtained from the parent of a child before any evaluation is
159159 20 conducted. If consent is not given by the parent or if the
160160 21 parent disagrees with the findings of the evaluation, then the
161161 22 school district may initiate an impartial due process hearing
162162 23 under this Section. The school district may evaluate the child
163163 24 if that is the decision resulting from the impartial due
164164 25 process hearing and the decision is not appealed or if the
165165 26 decision is affirmed on appeal. The determination of
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176176 1 eligibility shall be made and the IEP meeting shall be
177177 2 completed within 60 school days from the date of written
178178 3 parental consent. In those instances when written parental
179179 4 consent is obtained with fewer than 60 pupil attendance days
180180 5 left in the school year, the eligibility determination shall
181181 6 be made and the IEP meeting shall be completed prior to the
182182 7 first day of the following school year. Special education and
183183 8 related services must be provided in accordance with the
184184 9 student's IEP no later than 10 school attendance days after
185185 10 notice is provided to the parents pursuant to Section 300.503
186186 11 of Title 34 of the Code of Federal Regulations and
187187 12 implementing rules adopted by the State Board of Education.
188188 13 The appropriate program pursuant to the individualized
189189 14 educational program of students whose native tongue is a
190190 15 language other than English shall reflect the special
191191 16 education, cultural and linguistic needs. No later than
192192 17 September 1, 1993, the State Board of Education shall
193193 18 establish standards for the development, implementation and
194194 19 monitoring of appropriate bilingual special individualized
195195 20 educational programs. The State Board of Education shall
196196 21 further incorporate appropriate monitoring procedures to
197197 22 verify implementation of these standards. The district shall
198198 23 indicate to the parent, the State Board of Education, and, if
199199 24 applicable, the Department's Office of Education and
200200 25 Transition Services the nature of the services the child will
201201 26 receive for the regular school term while awaiting placement
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212212 1 in the appropriate special education class. At the child's
213213 2 initial IEP meeting and at each annual review meeting, the
214214 3 child's IEP team shall provide the child's parent or guardian
215215 4 and, if applicable, the Department's Office of Education and
216216 5 Transition Services with a written notification that informs
217217 6 the parent or guardian or the Department's Office of Education
218218 7 and Transition Services that the IEP team is required to
219219 8 consider whether the child requires assistive technology in
220220 9 order to receive free, appropriate public education. The
221221 10 notification must also include a toll-free telephone number
222222 11 and internet address for the State's assistive technology
223223 12 program.
224224 13 If the child is deaf, hard of hearing, blind, or visually
225225 14 impaired or has an orthopedic impairment or physical
226226 15 disability and he or she might be eligible to receive services
227227 16 from the Illinois School for the Deaf, the Illinois School for
228228 17 the Visually Impaired, or the Illinois Center for
229229 18 Rehabilitation and Education-Roosevelt, the school district
230230 19 shall notify the parents, in writing, of the existence of
231231 20 these schools and the services they provide and shall make a
232232 21 reasonable effort to inform the parents of the existence of
233233 22 other, local schools that provide similar services and the
234234 23 services that these other schools provide. This notification
235235 24 shall include, without limitation, information on school
236236 25 services, school admissions criteria, and school contact
237237 26 information.
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248248 1 In the development of the individualized education program
249249 2 for a student who has a disability on the autism spectrum
250250 3 (which includes autistic disorder, Asperger's disorder,
251251 4 pervasive developmental disorder not otherwise specified,
252252 5 childhood disintegrative disorder, and Rett Syndrome, as
253253 6 defined in the Diagnostic and Statistical Manual of Mental
254254 7 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
255255 8 consider all of the following factors:
256256 9 (1) The verbal and nonverbal communication needs of
257257 10 the child.
258258 11 (2) The need to develop social interaction skills and
259259 12 proficiencies.
260260 13 (3) The needs resulting from the child's unusual
261261 14 responses to sensory experiences.
262262 15 (4) The needs resulting from resistance to
263263 16 environmental change or change in daily routines.
264264 17 (5) The needs resulting from engagement in repetitive
265265 18 activities and stereotyped movements.
266266 19 (6) The need for any positive behavioral
267267 20 interventions, strategies, and supports to address any
268268 21 behavioral difficulties resulting from autism spectrum
269269 22 disorder.
270270 23 (7) Other needs resulting from the child's disability
271271 24 that impact progress in the general curriculum, including
272272 25 social and emotional development.
273273 26 Public Act 95-257 does not create any new entitlement to a
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284284 1 service, program, or benefit, but must not affect any
285285 2 entitlement to a service, program, or benefit created by any
286286 3 other law.
287287 4 Beginning no later than the first annual review meeting
288288 5 after the child turns 13 years of age, the IEP team shall
289289 6 determine at each annual review meeting whether it would be
290290 7 appropriate for the child to participate in IEP meetings with
291291 8 the child's IEP team.
292292 9 If the student may be eligible to participate in the
293293 10 Home-Based Support Services Program for Adults with Mental
294294 11 Disabilities authorized under the Developmental Disability and
295295 12 Mental Disability Services Act upon becoming an adult, the
296296 13 student's individualized education program shall include plans
297297 14 for (i) determining the student's eligibility for those
298298 15 home-based services, (ii) enrolling the student in the program
299299 16 of home-based services, and (iii) developing a plan for the
300300 17 student's most effective use of the home-based services after
301301 18 the student becomes an adult and no longer receives special
302302 19 educational services under this Article. The plans developed
303303 20 under this paragraph shall include specific actions to be
304304 21 taken by specified individuals, agencies, or officials.
305305 22 (c) In the development of the individualized education
306306 23 program for a student who is functionally blind, it shall be
307307 24 presumed that proficiency in Braille reading and writing is
308308 25 essential for the student's satisfactory educational progress.
309309 26 For purposes of this subsection, the State Board of Education
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320320 1 shall determine the criteria for a student to be classified as
321321 2 functionally blind. Students who are not currently identified
322322 3 as functionally blind who are also entitled to Braille
323323 4 instruction include: (i) those whose vision loss is so severe
324324 5 that they are unable to read and write at a level comparable to
325325 6 their peers solely through the use of vision, and (ii) those
326326 7 who show evidence of progressive vision loss that may result
327327 8 in functional blindness. Each student who is functionally
328328 9 blind shall be entitled to Braille reading and writing
329329 10 instruction that is sufficient to enable the student to
330330 11 communicate with the same level of proficiency as other
331331 12 students of comparable ability. Instruction should be provided
332332 13 to the extent that the student is physically and cognitively
333333 14 able to use Braille. Braille instruction may be used in
334334 15 combination with other special education services appropriate
335335 16 to the student's educational needs. The assessment of each
336336 17 student who is functionally blind for the purpose of
337337 18 developing the student's individualized education program
338338 19 shall include documentation of the student's strengths and
339339 20 weaknesses in Braille skills. Each person assisting in the
340340 21 development of the individualized education program for a
341341 22 student who is functionally blind shall receive information
342342 23 describing the benefits of Braille instruction. The
343343 24 individualized education program for each student who is
344344 25 functionally blind shall specify the appropriate learning
345345 26 medium or media based on the assessment report.
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356356 1 (d) To the maximum extent appropriate, the placement shall
357357 2 provide the child with the opportunity to be educated with
358358 3 children who do not have a disability; provided that children
359359 4 with disabilities who are recommended to be placed into
360360 5 regular education classrooms are provided with supplementary
361361 6 services to assist the children with disabilities to benefit
362362 7 from the regular classroom instruction and are included on the
363363 8 teacher's regular education class register. Subject to the
364364 9 limitation of the preceding sentence, placement in special
365365 10 classes, separate schools or other removal of the child with a
366366 11 disability from the regular educational environment shall
367367 12 occur only when the nature of the severity of the disability is
368368 13 such that education in the regular classes with the use of
369369 14 supplementary aids and services cannot be achieved
370370 15 satisfactorily. The placement of English learners with
371371 16 disabilities shall be in non-restrictive environments which
372372 17 provide for integration with peers who do not have
373373 18 disabilities in bilingual classrooms. Annually, each January,
374374 19 school districts shall report data on students from
375375 20 non-English speaking backgrounds receiving special education
376376 21 and related services in public and private facilities as
377377 22 prescribed in Section 2-3.30. If there is a disagreement
378378 23 between parties involved regarding the special education
379379 24 placement of any child, either in-state or out-of-state, the
380380 25 placement is subject to impartial due process procedures
381381 26 described in Article 10 of the Rules and Regulations to Govern
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392392 1 the Administration and Operation of Special Education.
393393 2 (e) No child who comes from a home in which a language
394394 3 other than English is the principal language used may be
395395 4 assigned to any class or program under this Article until he
396396 5 has been given, in the principal language used by the child and
397397 6 used in his home, tests reasonably related to his cultural
398398 7 environment. All testing and evaluation materials and
399399 8 procedures utilized for evaluation and placement shall not be
400400 9 linguistically, racially or culturally discriminatory.
401401 10 (f) Nothing in this Article shall be construed to require
402402 11 any child to undergo any physical examination or medical
403403 12 treatment whose parents object thereto on the grounds that
404404 13 such examination or treatment conflicts with his religious
405405 14 beliefs.
406406 15 (g) School boards or their designee shall provide to the
407407 16 parents of a child or, if applicable, the Department of
408408 17 Children and Family Services' Office of Education and
409409 18 Transition Services prior written notice of any decision (a)
410410 19 proposing to initiate or change, or (b) refusing to initiate
411411 20 or change, the identification, evaluation, or educational
412412 21 placement of the child or the provision of a free appropriate
413413 22 public education to their child, and the reasons therefor. For
414414 23 a parent, such written notification shall also inform the
415415 24 parent of the opportunity to present complaints with respect
416416 25 to any matter relating to the educational placement of the
417417 26 student, or the provision of a free appropriate public
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428428 1 education and to have an impartial due process hearing on the
429429 2 complaint. The notice shall inform the parents in the parents'
430430 3 native language, unless it is clearly not feasible to do so, of
431431 4 their rights and all procedures available pursuant to this Act
432432 5 and the federal Individuals with Disabilities Education
433433 6 Improvement Act of 2004 (Public Law 108-446); it shall be the
434434 7 responsibility of the State Superintendent to develop uniform
435435 8 notices setting forth the procedures available under this Act
436436 9 and the federal Individuals with Disabilities Education
437437 10 Improvement Act of 2004 (Public Law 108-446) to be used by all
438438 11 school boards. The notice shall also inform the parents of the
439439 12 availability upon request of a list of free or low-cost legal
440440 13 and other relevant services available locally to assist
441441 14 parents in initiating an impartial due process hearing. The
442442 15 State Superintendent shall revise the uniform notices required
443443 16 by this subsection (g) to reflect current law and procedures
444444 17 at least once every 2 years. Any parent who is deaf or does not
445445 18 normally communicate using spoken English and who participates
446446 19 in a meeting with a representative of a local educational
447447 20 agency for the purposes of developing an individualized
448448 21 educational program or attends a multidisciplinary conference
449449 22 shall be entitled to the services of an interpreter. The State
450450 23 Board of Education must adopt rules to establish the criteria,
451451 24 standards, and competencies for a bilingual language
452452 25 interpreter who attends an individualized education program
453453 26 meeting under this subsection to assist a parent who has
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464464 1 limited English proficiency.
465465 2 (g-5) For purposes of this subsection (g-5), "qualified
466466 3 professional" means an individual who holds credentials to
467467 4 evaluate the child in the domain or domains for which an
468468 5 evaluation is sought or an intern working under the direct
469469 6 supervision of a qualified professional, including a master's
470470 7 or doctoral degree candidate.
471471 8 To ensure that a parent can participate fully and
472472 9 effectively with school personnel in the development of
473473 10 appropriate educational and related services for his or her
474474 11 child, the parent, an independent educational evaluator, or a
475475 12 qualified professional retained by or on behalf of a parent or
476476 13 child must be afforded reasonable access to educational
477477 14 facilities, personnel, classrooms, and buildings and to the
478478 15 child as provided in this subsection (g-5). The requirements
479479 16 of this subsection (g-5) apply to any public school facility,
480480 17 building, or program and to any facility, building, or program
481481 18 supported in whole or in part by public funds. Prior to
482482 19 visiting a school, school building, or school facility, the
483483 20 parent, independent educational evaluator, or qualified
484484 21 professional may be required by the school district to inform
485485 22 the building principal or supervisor in writing of the
486486 23 proposed visit, the purpose of the visit, and the approximate
487487 24 duration of the visit. The visitor and the school district
488488 25 shall arrange the visit or visits at times that are mutually
489489 26 agreeable. Visitors shall comply with school safety, security,
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500500 1 and visitation policies at all times. School district
501501 2 visitation policies must not conflict with this subsection
502502 3 (g-5). Visitors shall be required to comply with the
503503 4 requirements of applicable privacy laws, including those laws
504504 5 protecting the confidentiality of education records such as
505505 6 the federal Family Educational Rights and Privacy Act and the
506506 7 Illinois School Student Records Act. The visitor shall not
507507 8 disrupt the educational process.
508508 9 (1) A parent must be afforded reasonable access of
509509 10 sufficient duration and scope for the purpose of observing
510510 11 his or her child in the child's current educational
511511 12 placement, services, or program or for the purpose of
512512 13 visiting an educational placement or program proposed for
513513 14 the child.
514514 15 (2) An independent educational evaluator or a
515515 16 qualified professional retained by or on behalf of a
516516 17 parent or child must be afforded reasonable access of
517517 18 sufficient duration and scope for the purpose of
518518 19 conducting an evaluation of the child, the child's
519519 20 performance, the child's current educational program,
520520 21 placement, services, or environment, or any educational
521521 22 program, placement, services, or environment proposed for
522522 23 the child, including interviews of educational personnel,
523523 24 child observations, assessments, tests or assessments of
524524 25 the child's educational program, services, or placement or
525525 26 of any proposed educational program, services, or
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535535 HB3111 - 15 - LRB104 08414 LNS 18465 b
536536
537537
538538
539539
540540
541541 HB3111 - 15 - LRB104 08414 LNS 18465 b