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
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
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.
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A BILL FOR
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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
5 14-8.02 as follows:
6 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
7 Sec. 14-8.02. Identification, evaluation, and placement of
8 children.
9 (a) The State Board of Education shall make rules under
10 which local school boards shall determine the eligibility of
11 children to receive special education. Such rules shall ensure
12 that a free appropriate public education be available to all
13 children with disabilities as defined in Section 14-1.02. The
14 State Board of Education shall require local school districts
15 to administer non-discriminatory procedures or tests to
16 English learners coming from homes in which a language other
17 than English is used to determine their eligibility to receive
18 special education. The placement of low English proficiency
19 students in special education programs and facilities shall be
20 made in accordance with the test results reflecting the
21 student's linguistic, cultural and special education needs.
22 For purposes of determining the eligibility of children the
23 State Board of Education shall include in the rules
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
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.
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A BILL FOR
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
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1 definitions of "case study", "staff conference",
2 "individualized educational program", and "qualified
3 specialist" appropriate to each category of children with
4 disabilities as defined in this Article. For purposes of
5 determining the eligibility of children from homes in which a
6 language other than English is used, the State Board of
7 Education shall include in the rules definitions for
8 "qualified bilingual specialists" and "linguistically and
9 culturally appropriate individualized educational programs".
10 For purposes of this Section, as well as Sections 14-8.02a,
11 14-8.02b, and 14-8.02c of this Code, "parent" means a parent
12 as defined in the federal Individuals with Disabilities
13 Education Act (20 U.S.C. 1401(23)).
14 (b) No child shall be eligible for special education
15 facilities except with a carefully completed case study fully
16 reviewed by professional personnel in a multidisciplinary
17 staff conference and only upon the recommendation of qualified
18 specialists or a qualified bilingual specialist, if available.
19 At the conclusion of the multidisciplinary staff conference,
20 the parent of the child and, if the child is in the legal
21 custody of the Department of Children and Family Services, the
22 Department's Office of Education and Transition Services shall
23 be given a copy of the multidisciplinary conference summary
24 report and recommendations, which includes options considered,
25 and, in the case of the parent, be informed of his or her right
26 to obtain an independent educational evaluation if he or she
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1 disagrees with the evaluation findings conducted or obtained
2 by the school district. If the school district's evaluation is
3 shown to be inappropriate, the school district shall reimburse
4 the parent for the cost of the independent evaluation. The
5 State Board of Education shall, with advice from the State
6 Advisory Council on Education of Children with Disabilities on
7 the inclusion of specific independent educational evaluators,
8 prepare a list of suggested independent educational
9 evaluators. The State Board of Education shall include on the
10 list clinical psychologists licensed pursuant to the Clinical
11 Psychologist Licensing Act. Such psychologists shall not be
12 paid fees in excess of the amount that would be received by a
13 school psychologist for performing the same services. The
14 State Board of Education shall supply school districts with
15 such list and make the list available to parents at their
16 request. School districts shall make the list available to
17 parents at the time they are informed of their right to obtain
18 an independent educational evaluation. However, the school
19 district may initiate an impartial due process hearing under
20 this Section within 5 days of any written parent request for an
21 independent educational evaluation to show that its evaluation
22 is appropriate. If the final decision is that the evaluation
23 is appropriate, the parent still has a right to an independent
24 educational evaluation, but not at public expense. An
25 independent educational evaluation at public expense must be
26 completed within 30 days of a parent's written request unless
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1 the school district initiates an impartial due process hearing
2 or the parent or school district offers reasonable grounds to
3 show that such 30-day time period should be extended. If the
4 due process hearing decision indicates that the parent is
5 entitled to an independent educational evaluation, it must be
6 completed within 30 days of the decision unless the parent or
7 the school district offers reasonable grounds to show that
8 such 30-day period should be extended. If a parent disagrees
9 with the summary report or recommendations of the
10 multidisciplinary conference or the findings of any
11 educational evaluation which results therefrom, the school
12 district shall not proceed with a placement based upon such
13 evaluation and the child shall remain in his or her regular
14 classroom setting. No child shall be eligible for admission to
15 a special class for children with a mental disability who are
16 educable or for children with a mental disability who are
17 trainable except with a psychological evaluation and
18 recommendation by a school psychologist. Consent shall be
19 obtained from the parent of a child before any evaluation is
20 conducted. If consent is not given by the parent or if the
21 parent disagrees with the findings of the evaluation, then the
22 school district may initiate an impartial due process hearing
23 under this Section. The school district may evaluate the child
24 if that is the decision resulting from the impartial due
25 process hearing and the decision is not appealed or if the
26 decision is affirmed on appeal. The determination of
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1 eligibility shall be made and the IEP meeting shall be
2 completed within 60 school days from the date of written
3 parental consent. In those instances when written parental
4 consent is obtained with fewer than 60 pupil attendance days
5 left in the school year, the eligibility determination shall
6 be made and the IEP meeting shall be completed prior to the
7 first day of the following school year. Special education and
8 related services must be provided in accordance with the
9 student's IEP no later than 10 school attendance days after
10 notice is provided to the parents pursuant to Section 300.503
11 of Title 34 of the Code of Federal Regulations and
12 implementing rules adopted by the State Board of Education.
13 The appropriate program pursuant to the individualized
14 educational program of students whose native tongue is a
15 language other than English shall reflect the special
16 education, cultural and linguistic needs. No later than
17 September 1, 1993, the State Board of Education shall
18 establish standards for the development, implementation and
19 monitoring of appropriate bilingual special individualized
20 educational programs. The State Board of Education shall
21 further incorporate appropriate monitoring procedures to
22 verify implementation of these standards. The district shall
23 indicate to the parent, the State Board of Education, and, if
24 applicable, the Department's Office of Education and
25 Transition Services the nature of the services the child will
26 receive for the regular school term while awaiting placement
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1 in the appropriate special education class. At the child's
2 initial IEP meeting and at each annual review meeting, the
3 child's IEP team shall provide the child's parent or guardian
4 and, if applicable, the Department's Office of Education and
5 Transition Services with a written notification that informs
6 the parent or guardian or the Department's Office of Education
7 and Transition Services that the IEP team is required to
8 consider whether the child requires assistive technology in
9 order to receive free, appropriate public education. The
10 notification must also include a toll-free telephone number
11 and internet address for the State's assistive technology
12 program.
13 If the child is deaf, hard of hearing, blind, or visually
14 impaired or has an orthopedic impairment or physical
15 disability and he or she might be eligible to receive services
16 from the Illinois School for the Deaf, the Illinois School for
17 the Visually Impaired, or the Illinois Center for
18 Rehabilitation and Education-Roosevelt, the school district
19 shall notify the parents, in writing, of the existence of
20 these schools and the services they provide and shall make a
21 reasonable effort to inform the parents of the existence of
22 other, local schools that provide similar services and the
23 services that these other schools provide. This notification
24 shall include, without limitation, information on school
25 services, school admissions criteria, and school contact
26 information.
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1 In the development of the individualized education program
2 for a student who has a disability on the autism spectrum
3 (which includes autistic disorder, Asperger's disorder,
4 pervasive developmental disorder not otherwise specified,
5 childhood disintegrative disorder, and Rett Syndrome, as
6 defined in the Diagnostic and Statistical Manual of Mental
7 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
8 consider all of the following factors:
9 (1) The verbal and nonverbal communication needs of
10 the child.
11 (2) The need to develop social interaction skills and
12 proficiencies.
13 (3) The needs resulting from the child's unusual
14 responses to sensory experiences.
15 (4) The needs resulting from resistance to
16 environmental change or change in daily routines.
17 (5) The needs resulting from engagement in repetitive
18 activities and stereotyped movements.
19 (6) The need for any positive behavioral
20 interventions, strategies, and supports to address any
21 behavioral difficulties resulting from autism spectrum
22 disorder.
23 (7) Other needs resulting from the child's disability
24 that impact progress in the general curriculum, including
25 social and emotional development.
26 Public Act 95-257 does not create any new entitlement to a
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1 service, program, or benefit, but must not affect any
2 entitlement to a service, program, or benefit created by any
3 other law.
4 Beginning no later than the first annual review meeting
5 after the child turns 13 years of age, the IEP team shall
6 determine at each annual review meeting whether it would be
7 appropriate for the child to participate in IEP meetings with
8 the child's IEP team.
9 If the student may be eligible to participate in the
10 Home-Based Support Services Program for Adults with Mental
11 Disabilities authorized under the Developmental Disability and
12 Mental Disability Services Act upon becoming an adult, the
13 student's individualized education program shall include plans
14 for (i) determining the student's eligibility for those
15 home-based services, (ii) enrolling the student in the program
16 of home-based services, and (iii) developing a plan for the
17 student's most effective use of the home-based services after
18 the student becomes an adult and no longer receives special
19 educational services under this Article. The plans developed
20 under this paragraph shall include specific actions to be
21 taken by specified individuals, agencies, or officials.
22 (c) In the development of the individualized education
23 program for a student who is functionally blind, it shall be
24 presumed that proficiency in Braille reading and writing is
25 essential for the student's satisfactory educational progress.
26 For purposes of this subsection, the State Board of Education
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1 shall determine the criteria for a student to be classified as
2 functionally blind. Students who are not currently identified
3 as functionally blind who are also entitled to Braille
4 instruction include: (i) those whose vision loss is so severe
5 that they are unable to read and write at a level comparable to
6 their peers solely through the use of vision, and (ii) those
7 who show evidence of progressive vision loss that may result
8 in functional blindness. Each student who is functionally
9 blind shall be entitled to Braille reading and writing
10 instruction that is sufficient to enable the student to
11 communicate with the same level of proficiency as other
12 students of comparable ability. Instruction should be provided
13 to the extent that the student is physically and cognitively
14 able to use Braille. Braille instruction may be used in
15 combination with other special education services appropriate
16 to the student's educational needs. The assessment of each
17 student who is functionally blind for the purpose of
18 developing the student's individualized education program
19 shall include documentation of the student's strengths and
20 weaknesses in Braille skills. Each person assisting in the
21 development of the individualized education program for a
22 student who is functionally blind shall receive information
23 describing the benefits of Braille instruction. The
24 individualized education program for each student who is
25 functionally blind shall specify the appropriate learning
26 medium or media based on the assessment report.
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1 (d) To the maximum extent appropriate, the placement shall
2 provide the child with the opportunity to be educated with
3 children who do not have a disability; provided that children
4 with disabilities who are recommended to be placed into
5 regular education classrooms are provided with supplementary
6 services to assist the children with disabilities to benefit
7 from the regular classroom instruction and are included on the
8 teacher's regular education class register. Subject to the
9 limitation of the preceding sentence, placement in special
10 classes, separate schools or other removal of the child with a
11 disability from the regular educational environment shall
12 occur only when the nature of the severity of the disability is
13 such that education in the regular classes with the use of
14 supplementary aids and services cannot be achieved
15 satisfactorily. The placement of English learners with
16 disabilities shall be in non-restrictive environments which
17 provide for integration with peers who do not have
18 disabilities in bilingual classrooms. Annually, each January,
19 school districts shall report data on students from
20 non-English speaking backgrounds receiving special education
21 and related services in public and private facilities as
22 prescribed in Section 2-3.30. If there is a disagreement
23 between parties involved regarding the special education
24 placement of any child, either in-state or out-of-state, the
25 placement is subject to impartial due process procedures
26 described in Article 10 of the Rules and Regulations to Govern
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1 the Administration and Operation of Special Education.
2 (e) No child who comes from a home in which a language
3 other than English is the principal language used may be
4 assigned to any class or program under this Article until he
5 has been given, in the principal language used by the child and
6 used in his home, tests reasonably related to his cultural
7 environment. All testing and evaluation materials and
8 procedures utilized for evaluation and placement shall not be
9 linguistically, racially or culturally discriminatory.
10 (f) Nothing in this Article shall be construed to require
11 any child to undergo any physical examination or medical
12 treatment whose parents object thereto on the grounds that
13 such examination or treatment conflicts with his religious
14 beliefs.
15 (g) School boards or their designee shall provide to the
16 parents of a child or, if applicable, the Department of
17 Children and Family Services' Office of Education and
18 Transition Services prior written notice of any decision (a)
19 proposing to initiate or change, or (b) refusing to initiate
20 or change, the identification, evaluation, or educational
21 placement of the child or the provision of a free appropriate
22 public education to their child, and the reasons therefor. For
23 a parent, such written notification shall also inform the
24 parent of the opportunity to present complaints with respect
25 to any matter relating to the educational placement of the
26 student, or the provision of a free appropriate public
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1 education and to have an impartial due process hearing on the
2 complaint. The notice shall inform the parents in the parents'
3 native language, unless it is clearly not feasible to do so, of
4 their rights and all procedures available pursuant to this Act
5 and the federal Individuals with Disabilities Education
6 Improvement Act of 2004 (Public Law 108-446); it shall be the
7 responsibility of the State Superintendent to develop uniform
8 notices setting forth the procedures available under this Act
9 and the federal Individuals with Disabilities Education
10 Improvement Act of 2004 (Public Law 108-446) to be used by all
11 school boards. The notice shall also inform the parents of the
12 availability upon request of a list of free or low-cost legal
13 and other relevant services available locally to assist
14 parents in initiating an impartial due process hearing. The
15 State Superintendent shall revise the uniform notices required
16 by this subsection (g) to reflect current law and procedures
17 at least once every 2 years. Any parent who is deaf or does not
18 normally communicate using spoken English and who participates
19 in a meeting with a representative of a local educational
20 agency for the purposes of developing an individualized
21 educational program or attends a multidisciplinary conference
22 shall be entitled to the services of an interpreter. The State
23 Board of Education must adopt rules to establish the criteria,
24 standards, and competencies for a bilingual language
25 interpreter who attends an individualized education program
26 meeting under this subsection to assist a parent who has
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1 limited English proficiency.
2 (g-5) For purposes of this subsection (g-5), "qualified
3 professional" means an individual who holds credentials to
4 evaluate the child in the domain or domains for which an
5 evaluation is sought or an intern working under the direct
6 supervision of a qualified professional, including a master's
7 or doctoral degree candidate.
8 To ensure that a parent can participate fully and
9 effectively with school personnel in the development of
10 appropriate educational and related services for his or her
11 child, the parent, an independent educational evaluator, or a
12 qualified professional retained by or on behalf of a parent or
13 child must be afforded reasonable access to educational
14 facilities, personnel, classrooms, and buildings and to the
15 child as provided in this subsection (g-5). The requirements
16 of this subsection (g-5) apply to any public school facility,
17 building, or program and to any facility, building, or program
18 supported in whole or in part by public funds. Prior to
19 visiting a school, school building, or school facility, the
20 parent, independent educational evaluator, or qualified
21 professional may be required by the school district to inform
22 the building principal or supervisor in writing of the
23 proposed visit, the purpose of the visit, and the approximate
24 duration of the visit. The visitor and the school district
25 shall arrange the visit or visits at times that are mutually
26 agreeable. Visitors shall comply with school safety, security,
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1 and visitation policies at all times. School district
2 visitation policies must not conflict with this subsection
3 (g-5). Visitors shall be required to comply with the
4 requirements of applicable privacy laws, including those laws
5 protecting the confidentiality of education records such as
6 the federal Family Educational Rights and Privacy Act and the
7 Illinois School Student Records Act. The visitor shall not
8 disrupt the educational process.
9 (1) A parent must be afforded reasonable access of
10 sufficient duration and scope for the purpose of observing
11 his or her child in the child's current educational
12 placement, services, or program or for the purpose of
13 visiting an educational placement or program proposed for
14 the child.
15 (2) An independent educational evaluator or a
16 qualified professional retained by or on behalf of a
17 parent or child must be afforded reasonable access of
18 sufficient duration and scope for the purpose of
19 conducting an evaluation of the child, the child's
20 performance, the child's current educational program,
21 placement, services, or environment, or any educational
22 program, placement, services, or environment proposed for
23 the child, including interviews of educational personnel,
24 child observations, assessments, tests or assessments of
25 the child's educational program, services, or placement or
26 of any proposed educational program, services, or
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