IL
Illinois Senate Bill SB1231

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1231 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1231 Introduced 1/24/2025, by Sen. Meg Loughran Cappel 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. Allows the school district to initiate an impartial due process hearing within 14 (rather than 5) days of any written parent request for an independent educational evaluation to show that its evaluation is appropriate. Requires an independent educational evaluation at public expense to be completed within 60 school days (rather than 30 days) of a parent's written request unless the school district initiates an impartial due process hearing or the parent or school district offers reasonable grounds to show that such time period should be extended. Provides that if the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be completed within 60 school days (rather than 30 days) of the decision unless the parent or the school district offers reasonable grounds to show that such period should be extended. LRB104 05906 LNS 15938 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1231 Introduced 1/24/2025, by Sen. Meg Loughran Cappel 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. Allows the school district to initiate an impartial due process hearing within 14 (rather than 5) days of any written parent request for an independent educational evaluation to show that its evaluation is appropriate. Requires an independent educational evaluation at public expense to be completed within 60 school days (rather than 30 days) of a parent's written request unless the school district initiates an impartial due process hearing or the parent or school district offers reasonable grounds to show that such time period should be extended. Provides that if the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be completed within 60 school days (rather than 30 days) of the decision unless the parent or the school district offers reasonable grounds to show that such period should be extended. LRB104 05906 LNS 15938 b LRB104 05906 LNS 15938 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1231 Introduced 1/24/2025, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED:
3+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
4+105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
5+Amends the Children with Disabilities Article of the School Code. Allows the school district to initiate an impartial due process hearing within 14 (rather than 5) days of any written parent request for an independent educational evaluation to show that its evaluation is appropriate. Requires an independent educational evaluation at public expense to be completed within 60 school days (rather than 30 days) of a parent's written request unless the school district initiates an impartial due process hearing or the parent or school district offers reasonable grounds to show that such time period should be extended. Provides that if the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be completed within 60 school days (rather than 30 days) of the decision unless the parent or the school district offers reasonable grounds to show that such period should be extended.
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311 1 AN ACT concerning education.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The School Code is amended by changing Section
715 5 14-8.02 as follows:
816 6 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
917 7 Sec. 14-8.02. Identification, evaluation, and placement of
1018 8 children.
1119 9 (a) The State Board of Education shall make rules under
1220 10 which local school boards shall determine the eligibility of
1321 11 children to receive special education. Such rules shall ensure
1422 12 that a free appropriate public education be available to all
1523 13 children with disabilities as defined in Section 14-1.02. The
1624 14 State Board of Education shall require local school districts
1725 15 to administer non-discriminatory procedures or tests to
1826 16 English learners coming from homes in which a language other
1927 17 than English is used to determine their eligibility to receive
2028 18 special education. The placement of low English proficiency
2129 19 students in special education programs and facilities shall be
2230 20 made in accordance with the test results reflecting the
2331 21 student's linguistic, cultural and special education needs.
2432 22 For purposes of determining the eligibility of children the
2533 23 State Board of Education shall include in the rules
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1231 Introduced 1/24/2025, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED:
38+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
39+105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
40+Amends the Children with Disabilities Article of the School Code. Allows the school district to initiate an impartial due process hearing within 14 (rather than 5) days of any written parent request for an independent educational evaluation to show that its evaluation is appropriate. Requires an independent educational evaluation at public expense to be completed within 60 school days (rather than 30 days) of a parent's written request unless the school district initiates an impartial due process hearing or the parent or school district offers reasonable grounds to show that such time period should be extended. Provides that if the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be completed within 60 school days (rather than 30 days) of the decision unless the parent or the school district offers reasonable grounds to show that such period should be extended.
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3468 1 definitions of "case study", "staff conference",
3569 2 "individualized educational program", and "qualified
3670 3 specialist" appropriate to each category of children with
3771 4 disabilities as defined in this Article. For purposes of
3872 5 determining the eligibility of children from homes in which a
3973 6 language other than English is used, the State Board of
4074 7 Education shall include in the rules definitions for
4175 8 "qualified bilingual specialists" and "linguistically and
4276 9 culturally appropriate individualized educational programs".
4377 10 For purposes of this Section, as well as Sections 14-8.02a,
4478 11 14-8.02b, and 14-8.02c of this Code, "parent" means a parent
4579 12 as defined in the federal Individuals with Disabilities
4680 13 Education Act (20 U.S.C. 1401(23)).
4781 14 (b) No child shall be eligible for special education
4882 15 facilities except with a carefully completed case study fully
4983 16 reviewed by professional personnel in a multidisciplinary
5084 17 staff conference and only upon the recommendation of qualified
5185 18 specialists or a qualified bilingual specialist, if available.
5286 19 At the conclusion of the multidisciplinary staff conference,
5387 20 the parent of the child and, if the child is in the legal
5488 21 custody of the Department of Children and Family Services, the
5589 22 Department's Office of Education and Transition Services shall
5690 23 be given a copy of the multidisciplinary conference summary
5791 24 report and recommendations, which includes options considered,
5892 25 and, in the case of the parent, be informed of his or her right
5993 26 to obtain an independent educational evaluation if he or she
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70104 1 disagrees with the evaluation findings conducted or obtained
71105 2 by the school district. If the school district's evaluation is
72106 3 shown to be inappropriate, the school district shall reimburse
73107 4 the parent for the cost of the independent evaluation. The
74108 5 State Board of Education shall, with advice from the State
75109 6 Advisory Council on Education of Children with Disabilities on
76110 7 the inclusion of specific independent educational evaluators,
77111 8 prepare a list of suggested independent educational
78112 9 evaluators. The State Board of Education shall include on the
79113 10 list clinical psychologists licensed pursuant to the Clinical
80114 11 Psychologist Licensing Act. Such psychologists shall not be
81115 12 paid fees in excess of the amount that would be received by a
82116 13 school psychologist for performing the same services. The
83117 14 State Board of Education shall supply school districts with
84118 15 such list and make the list available to parents at their
85119 16 request. School districts shall make the list available to
86120 17 parents at the time they are informed of their right to obtain
87121 18 an independent educational evaluation. However, the school
88122 19 district may initiate an impartial due process hearing under
89-20 this Section within 7 school 5 days of any written parent
90-21 request for an independent educational evaluation to show that
91-22 its evaluation is appropriate. If the final decision is that
92-23 the evaluation is appropriate, the parent still has a right to
93-24 an independent educational evaluation, but not at public
94-25 expense. An independent educational evaluation at public
95-26 expense must be completed within 60 school 30 days of a
123+20 this Section within 14 5 days of any written parent request for
124+21 an independent educational evaluation to show that its
125+22 evaluation is appropriate. If the final decision is that the
126+23 evaluation is appropriate, the parent still has a right to an
127+24 independent educational evaluation, but not at public expense.
128+25 An independent educational evaluation at public expense must
129+26 be completed within 60 school 30 days of a parent's written
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106-1 parent's written request unless the school district initiates
107-2 an impartial due process hearing or the parent or school
108-3 district offers reasonable grounds to show that such 30-day
109-4 time period should be extended. If the due process hearing
110-5 decision indicates that the parent is entitled to an
111-6 independent educational evaluation, it must be completed
112-7 within 60 school 30 days of the decision unless the parent or
113-8 the school district offers reasonable grounds to show that
114-9 such 30-day period should be extended. If a parent disagrees
115-10 with the summary report or recommendations of the
116-11 multidisciplinary conference or the findings of any
117-12 educational evaluation which results therefrom, the school
118-13 district shall not proceed with a placement based upon such
119-14 evaluation and the child shall remain in his or her regular
120-15 classroom setting. No child shall be eligible for admission to
121-16 a special class for children with a mental disability who are
122-17 educable or for children with a mental disability who are
123-18 trainable except with a psychological evaluation and
124-19 recommendation by a school psychologist. Consent shall be
125-20 obtained from the parent of a child before any evaluation is
126-21 conducted. If consent is not given by the parent or if the
127-22 parent disagrees with the findings of the evaluation, then the
128-23 school district may initiate an impartial due process hearing
129-24 under this Section. The school district may evaluate the child
130-25 if that is the decision resulting from the impartial due
131-26 process hearing and the decision is not appealed or if the
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140+1 request unless the school district initiates an impartial due
141+2 process hearing or the parent or school district offers
142+3 reasonable grounds to show that such 30-day time period should
143+4 be extended. If the due process hearing decision indicates
144+5 that the parent is entitled to an independent educational
145+6 evaluation, it must be completed within 60 school 30 days of
146+7 the decision unless the parent or the school district offers
147+8 reasonable grounds to show that such 30-day period should be
148+9 extended. If a parent disagrees with the summary report or
149+10 recommendations of the multidisciplinary conference or the
150+11 findings of any educational evaluation which results
151+12 therefrom, the school district shall not proceed with a
152+13 placement based upon such evaluation and the child shall
153+14 remain in his or her regular classroom setting. No child shall
154+15 be eligible for admission to a special class for children with
155+16 a mental disability who are educable or for children with a
156+17 mental disability who are trainable except with a
157+18 psychological evaluation and recommendation by a school
158+19 psychologist. Consent shall be obtained from the parent of a
159+20 child before any evaluation is conducted. If consent is not
160+21 given by the parent or if the parent disagrees with the
161+22 findings of the evaluation, then the school district may
162+23 initiate an impartial due process hearing under this Section.
163+24 The school district may evaluate the child if that is the
164+25 decision resulting from the impartial due process hearing and
165+26 the decision is not appealed or if the decision is affirmed on
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142-1 decision is affirmed on appeal. The determination of
143-2 eligibility shall be made and the IEP meeting shall be
144-3 completed within 60 school days from the date of written
145-4 parental consent. In those instances when written parental
146-5 consent is obtained with fewer than 60 pupil attendance days
147-6 left in the school year, the eligibility determination shall
148-7 be made and the IEP meeting shall be completed prior to the
149-8 first day of the following school year. Special education and
150-9 related services must be provided in accordance with the
151-10 student's IEP no later than 10 school attendance days after
152-11 notice is provided to the parents pursuant to Section 300.503
153-12 of Title 34 of the Code of Federal Regulations and
154-13 implementing rules adopted by the State Board of Education.
155-14 The appropriate program pursuant to the individualized
156-15 educational program of students whose native tongue is a
157-16 language other than English shall reflect the special
158-17 education, cultural and linguistic needs. No later than
159-18 September 1, 1993, the State Board of Education shall
160-19 establish standards for the development, implementation and
161-20 monitoring of appropriate bilingual special individualized
162-21 educational programs. The State Board of Education shall
163-22 further incorporate appropriate monitoring procedures to
164-23 verify implementation of these standards. The district shall
165-24 indicate to the parent, the State Board of Education, and, if
166-25 applicable, the Department's Office of Education and
167-26 Transition Services the nature of the services the child will
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176+1 appeal. The determination of eligibility shall be made and the
177+2 IEP meeting shall be completed within 60 school days from the
178+3 date of written parental consent. In those instances when
179+4 written parental consent is obtained with fewer than 60 pupil
180+5 attendance days left in the school year, the eligibility
181+6 determination shall be made and the IEP meeting shall be
182+7 completed prior to the first day of the following school year.
183+8 Special education and related services must be provided in
184+9 accordance with the student's IEP no later than 10 school
185+10 attendance days after notice is provided to the parents
186+11 pursuant to Section 300.503 of Title 34 of the Code of Federal
187+12 Regulations and implementing rules adopted by the State Board
188+13 of Education. The appropriate program pursuant to the
189+14 individualized educational program of students whose native
190+15 tongue is a language other than English shall reflect the
191+16 special education, cultural and linguistic needs. No later
192+17 than September 1, 1993, the State Board of Education shall
193+18 establish standards for the development, implementation and
194+19 monitoring of appropriate bilingual special individualized
195+20 educational programs. The State Board of Education shall
196+21 further incorporate appropriate monitoring procedures to
197+22 verify implementation of these standards. The district shall
198+23 indicate to the parent, the State Board of Education, and, if
199+24 applicable, the Department's Office of Education and
200+25 Transition Services the nature of the services the child will
201+26 receive for the regular school term while awaiting placement
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178-1 receive for the regular school term while awaiting placement
179-2 in the appropriate special education class. At the child's
180-3 initial IEP meeting and at each annual review meeting, the
181-4 child's IEP team shall provide the child's parent or guardian
182-5 and, if applicable, the Department's Office of Education and
183-6 Transition Services with a written notification that informs
184-7 the parent or guardian or the Department's Office of Education
185-8 and Transition Services that the IEP team is required to
186-9 consider whether the child requires assistive technology in
187-10 order to receive free, appropriate public education. The
188-11 notification must also include a toll-free telephone number
189-12 and internet address for the State's assistive technology
190-13 program.
191-14 If the child is deaf, hard of hearing, blind, or visually
192-15 impaired or has an orthopedic impairment or physical
193-16 disability and he or she might be eligible to receive services
194-17 from the Illinois School for the Deaf, the Illinois School for
195-18 the Visually Impaired, or the Illinois Center for
196-19 Rehabilitation and Education-Roosevelt, the school district
197-20 shall notify the parents, in writing, of the existence of
198-21 these schools and the services they provide and shall make a
199-22 reasonable effort to inform the parents of the existence of
200-23 other, local schools that provide similar services and the
201-24 services that these other schools provide. This notification
202-25 shall include, without limitation, information on school
203-26 services, school admissions criteria, and school contact
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212+1 in the appropriate special education class. At the child's
213+2 initial IEP meeting and at each annual review meeting, the
214+3 child's IEP team shall provide the child's parent or guardian
215+4 and, if applicable, the Department's Office of Education and
216+5 Transition Services with a written notification that informs
217+6 the parent or guardian or the Department's Office of Education
218+7 and Transition Services that the IEP team is required to
219+8 consider whether the child requires assistive technology in
220+9 order to receive free, appropriate public education. The
221+10 notification must also include a toll-free telephone number
222+11 and internet address for the State's assistive technology
223+12 program.
224+13 If the child is deaf, hard of hearing, blind, or visually
225+14 impaired or has an orthopedic impairment or physical
226+15 disability and he or she might be eligible to receive services
227+16 from the Illinois School for the Deaf, the Illinois School for
228+17 the Visually Impaired, or the Illinois Center for
229+18 Rehabilitation and Education-Roosevelt, the school district
230+19 shall notify the parents, in writing, of the existence of
231+20 these schools and the services they provide and shall make a
232+21 reasonable effort to inform the parents of the existence of
233+22 other, local schools that provide similar services and the
234+23 services that these other schools provide. This notification
235+24 shall include, without limitation, information on school
236+25 services, school admissions criteria, and school contact
237+26 information.
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214-1 information.
215-2 In the development of the individualized education program
216-3 for a student who has a disability on the autism spectrum
217-4 (which includes autistic disorder, Asperger's disorder,
218-5 pervasive developmental disorder not otherwise specified,
219-6 childhood disintegrative disorder, and Rett Syndrome, as
220-7 defined in the Diagnostic and Statistical Manual of Mental
221-8 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
222-9 consider all of the following factors:
223-10 (1) The verbal and nonverbal communication needs of
224-11 the child.
225-12 (2) The need to develop social interaction skills and
226-13 proficiencies.
227-14 (3) The needs resulting from the child's unusual
228-15 responses to sensory experiences.
229-16 (4) The needs resulting from resistance to
230-17 environmental change or change in daily routines.
231-18 (5) The needs resulting from engagement in repetitive
232-19 activities and stereotyped movements.
233-20 (6) The need for any positive behavioral
234-21 interventions, strategies, and supports to address any
235-22 behavioral difficulties resulting from autism spectrum
236-23 disorder.
237-24 (7) Other needs resulting from the child's disability
238-25 that impact progress in the general curriculum, including
239-26 social and emotional development.
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248+1 In the development of the individualized education program
249+2 for a student who has a disability on the autism spectrum
250+3 (which includes autistic disorder, Asperger's disorder,
251+4 pervasive developmental disorder not otherwise specified,
252+5 childhood disintegrative disorder, and Rett Syndrome, as
253+6 defined in the Diagnostic and Statistical Manual of Mental
254+7 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
255+8 consider all of the following factors:
256+9 (1) The verbal and nonverbal communication needs of
257+10 the child.
258+11 (2) The need to develop social interaction skills and
259+12 proficiencies.
260+13 (3) The needs resulting from the child's unusual
261+14 responses to sensory experiences.
262+15 (4) The needs resulting from resistance to
263+16 environmental change or change in daily routines.
264+17 (5) The needs resulting from engagement in repetitive
265+18 activities and stereotyped movements.
266+19 (6) The need for any positive behavioral
267+20 interventions, strategies, and supports to address any
268+21 behavioral difficulties resulting from autism spectrum
269+22 disorder.
270+23 (7) Other needs resulting from the child's disability
271+24 that impact progress in the general curriculum, including
272+25 social and emotional development.
273+26 Public Act 95-257 does not create any new entitlement to a
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250-1 Public Act 95-257 does not create any new entitlement to a
251-2 service, program, or benefit, but must not affect any
252-3 entitlement to a service, program, or benefit created by any
253-4 other law.
254-5 If the student may be eligible to participate in the
255-6 Home-Based Support Services Program for Adults with Mental
256-7 Disabilities authorized under the Developmental Disability and
257-8 Mental Disability Services Act upon becoming an adult, the
258-9 student's individualized education program shall include plans
259-10 for (i) determining the student's eligibility for those
260-11 home-based services, (ii) enrolling the student in the program
261-12 of home-based services, and (iii) developing a plan for the
262-13 student's most effective use of the home-based services after
263-14 the student becomes an adult and no longer receives special
264-15 educational services under this Article. The plans developed
265-16 under this paragraph shall include specific actions to be
266-17 taken by specified individuals, agencies, or officials.
267-18 (c) In the development of the individualized education
268-19 program for a student who is functionally blind, it shall be
269-20 presumed that proficiency in Braille reading and writing is
270-21 essential for the student's satisfactory educational progress.
271-22 For purposes of this subsection, the State Board of Education
272-23 shall determine the criteria for a student to be classified as
273-24 functionally blind. Students who are not currently identified
274-25 as functionally blind who are also entitled to Braille
275-26 instruction include: (i) those whose vision loss is so severe
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284+1 service, program, or benefit, but must not affect any
285+2 entitlement to a service, program, or benefit created by any
286+3 other law.
287+4 If the student may be eligible to participate in the
288+5 Home-Based Support Services Program for Adults with Mental
289+6 Disabilities authorized under the Developmental Disability and
290+7 Mental Disability Services Act upon becoming an adult, the
291+8 student's individualized education program shall include plans
292+9 for (i) determining the student's eligibility for those
293+10 home-based services, (ii) enrolling the student in the program
294+11 of home-based services, and (iii) developing a plan for the
295+12 student's most effective use of the home-based services after
296+13 the student becomes an adult and no longer receives special
297+14 educational services under this Article. The plans developed
298+15 under this paragraph shall include specific actions to be
299+16 taken by specified individuals, agencies, or officials.
300+17 (c) In the development of the individualized education
301+18 program for a student who is functionally blind, it shall be
302+19 presumed that proficiency in Braille reading and writing is
303+20 essential for the student's satisfactory educational progress.
304+21 For purposes of this subsection, the State Board of Education
305+22 shall determine the criteria for a student to be classified as
306+23 functionally blind. Students who are not currently identified
307+24 as functionally blind who are also entitled to Braille
308+25 instruction include: (i) those whose vision loss is so severe
309+26 that they are unable to read and write at a level comparable to
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286-1 that they are unable to read and write at a level comparable to
287-2 their peers solely through the use of vision, and (ii) those
288-3 who show evidence of progressive vision loss that may result
289-4 in functional blindness. Each student who is functionally
290-5 blind shall be entitled to Braille reading and writing
291-6 instruction that is sufficient to enable the student to
292-7 communicate with the same level of proficiency as other
293-8 students of comparable ability. Instruction should be provided
294-9 to the extent that the student is physically and cognitively
295-10 able to use Braille. Braille instruction may be used in
296-11 combination with other special education services appropriate
297-12 to the student's educational needs. The assessment of each
298-13 student who is functionally blind for the purpose of
299-14 developing the student's individualized education program
300-15 shall include documentation of the student's strengths and
301-16 weaknesses in Braille skills. Each person assisting in the
302-17 development of the individualized education program for a
303-18 student who is functionally blind shall receive information
304-19 describing the benefits of Braille instruction. The
305-20 individualized education program for each student who is
306-21 functionally blind shall specify the appropriate learning
307-22 medium or media based on the assessment report.
308-23 (d) To the maximum extent appropriate, the placement shall
309-24 provide the child with the opportunity to be educated with
310-25 children who do not have a disability; provided that children
311-26 with disabilities who are recommended to be placed into
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319+ SB1231 - 9 - LRB104 05906 LNS 15938 b
320+1 their peers solely through the use of vision, and (ii) those
321+2 who show evidence of progressive vision loss that may result
322+3 in functional blindness. Each student who is functionally
323+4 blind shall be entitled to Braille reading and writing
324+5 instruction that is sufficient to enable the student to
325+6 communicate with the same level of proficiency as other
326+7 students of comparable ability. Instruction should be provided
327+8 to the extent that the student is physically and cognitively
328+9 able to use Braille. Braille instruction may be used in
329+10 combination with other special education services appropriate
330+11 to the student's educational needs. The assessment of each
331+12 student who is functionally blind for the purpose of
332+13 developing the student's individualized education program
333+14 shall include documentation of the student's strengths and
334+15 weaknesses in Braille skills. Each person assisting in the
335+16 development of the individualized education program for a
336+17 student who is functionally blind shall receive information
337+18 describing the benefits of Braille instruction. The
338+19 individualized education program for each student who is
339+20 functionally blind shall specify the appropriate learning
340+21 medium or media based on the assessment report.
341+22 (d) To the maximum extent appropriate, the placement shall
342+23 provide the child with the opportunity to be educated with
343+24 children who do not have a disability; provided that children
344+25 with disabilities who are recommended to be placed into
345+26 regular education classrooms are provided with supplementary
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322-1 regular education classrooms are provided with supplementary
323-2 services to assist the children with disabilities to benefit
324-3 from the regular classroom instruction and are included on the
325-4 teacher's regular education class register. Subject to the
326-5 limitation of the preceding sentence, placement in special
327-6 classes, separate schools or other removal of the child with a
328-7 disability from the regular educational environment shall
329-8 occur only when the nature of the severity of the disability is
330-9 such that education in the regular classes with the use of
331-10 supplementary aids and services cannot be achieved
332-11 satisfactorily. The placement of English learners with
333-12 disabilities shall be in non-restrictive environments which
334-13 provide for integration with peers who do not have
335-14 disabilities in bilingual classrooms. Annually, each January,
336-15 school districts shall report data on students from
337-16 non-English speaking backgrounds receiving special education
338-17 and related services in public and private facilities as
339-18 prescribed in Section 2-3.30. If there is a disagreement
340-19 between parties involved regarding the special education
341-20 placement of any child, either in-state or out-of-state, the
342-21 placement is subject to impartial due process procedures
343-22 described in Article 10 of the Rules and Regulations to Govern
344-23 the Administration and Operation of Special Education.
345-24 (e) No child who comes from a home in which a language
346-25 other than English is the principal language used may be
347-26 assigned to any class or program under this Article until he
354+SB1231- 10 -LRB104 05906 LNS 15938 b SB1231 - 10 - LRB104 05906 LNS 15938 b
355+ SB1231 - 10 - LRB104 05906 LNS 15938 b
356+1 services to assist the children with disabilities to benefit
357+2 from the regular classroom instruction and are included on the
358+3 teacher's regular education class register. Subject to the
359+4 limitation of the preceding sentence, placement in special
360+5 classes, separate schools or other removal of the child with a
361+6 disability from the regular educational environment shall
362+7 occur only when the nature of the severity of the disability is
363+8 such that education in the regular classes with the use of
364+9 supplementary aids and services cannot be achieved
365+10 satisfactorily. The placement of English learners with
366+11 disabilities shall be in non-restrictive environments which
367+12 provide for integration with peers who do not have
368+13 disabilities in bilingual classrooms. Annually, each January,
369+14 school districts shall report data on students from
370+15 non-English speaking backgrounds receiving special education
371+16 and related services in public and private facilities as
372+17 prescribed in Section 2-3.30. If there is a disagreement
373+18 between parties involved regarding the special education
374+19 placement of any child, either in-state or out-of-state, the
375+20 placement is subject to impartial due process procedures
376+21 described in Article 10 of the Rules and Regulations to Govern
377+22 the Administration and Operation of Special Education.
378+23 (e) No child who comes from a home in which a language
379+24 other than English is the principal language used may be
380+25 assigned to any class or program under this Article until he
381+26 has been given, in the principal language used by the child and
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358-1 has been given, in the principal language used by the child and
359-2 used in his home, tests reasonably related to his cultural
360-3 environment. All testing and evaluation materials and
361-4 procedures utilized for evaluation and placement shall not be
362-5 linguistically, racially or culturally discriminatory.
363-6 (f) Nothing in this Article shall be construed to require
364-7 any child to undergo any physical examination or medical
365-8 treatment whose parents object thereto on the grounds that
366-9 such examination or treatment conflicts with his religious
367-10 beliefs.
368-11 (g) School boards or their designee shall provide to the
369-12 parents of a child or, if applicable, the Department of
370-13 Children and Family Services' Office of Education and
371-14 Transition Services prior written notice of any decision (a)
372-15 proposing to initiate or change, or (b) refusing to initiate
373-16 or change, the identification, evaluation, or educational
374-17 placement of the child or the provision of a free appropriate
375-18 public education to their child, and the reasons therefor. For
376-19 a parent, such written notification shall also inform the
377-20 parent of the opportunity to present complaints with respect
378-21 to any matter relating to the educational placement of the
379-22 student, or the provision of a free appropriate public
380-23 education and to have an impartial due process hearing on the
381-24 complaint. The notice shall inform the parents in the parents'
382-25 native language, unless it is clearly not feasible to do so, of
383-26 their rights and all procedures available pursuant to this Act
390+SB1231- 11 -LRB104 05906 LNS 15938 b SB1231 - 11 - LRB104 05906 LNS 15938 b
391+ SB1231 - 11 - LRB104 05906 LNS 15938 b
392+1 used in his home, tests reasonably related to his cultural
393+2 environment. All testing and evaluation materials and
394+3 procedures utilized for evaluation and placement shall not be
395+4 linguistically, racially or culturally discriminatory.
396+5 (f) Nothing in this Article shall be construed to require
397+6 any child to undergo any physical examination or medical
398+7 treatment whose parents object thereto on the grounds that
399+8 such examination or treatment conflicts with his religious
400+9 beliefs.
401+10 (g) School boards or their designee shall provide to the
402+11 parents of a child or, if applicable, the Department of
403+12 Children and Family Services' Office of Education and
404+13 Transition Services prior written notice of any decision (a)
405+14 proposing to initiate or change, or (b) refusing to initiate
406+15 or change, the identification, evaluation, or educational
407+16 placement of the child or the provision of a free appropriate
408+17 public education to their child, and the reasons therefor. For
409+18 a parent, such written notification shall also inform the
410+19 parent of the opportunity to present complaints with respect
411+20 to any matter relating to the educational placement of the
412+21 student, or the provision of a free appropriate public
413+22 education and to have an impartial due process hearing on the
414+23 complaint. The notice shall inform the parents in the parents'
415+24 native language, unless it is clearly not feasible to do so, of
416+25 their rights and all procedures available pursuant to this Act
417+26 and the federal Individuals with Disabilities Education
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394-1 and the federal Individuals with Disabilities Education
395-2 Improvement Act of 2004 (Public Law 108-446); it shall be the
396-3 responsibility of the State Superintendent to develop uniform
397-4 notices setting forth the procedures available under this Act
398-5 and the federal Individuals with Disabilities Education
399-6 Improvement Act of 2004 (Public Law 108-446) to be used by all
400-7 school boards. The notice shall also inform the parents of the
401-8 availability upon request of a list of free or low-cost legal
402-9 and other relevant services available locally to assist
403-10 parents in initiating an impartial due process hearing. The
404-11 State Superintendent shall revise the uniform notices required
405-12 by this subsection (g) to reflect current law and procedures
406-13 at least once every 2 years. Any parent who is deaf or does not
407-14 normally communicate using spoken English and who participates
408-15 in a meeting with a representative of a local educational
409-16 agency for the purposes of developing an individualized
410-17 educational program or attends a multidisciplinary conference
411-18 shall be entitled to the services of an interpreter. The State
412-19 Board of Education must adopt rules to establish the criteria,
413-20 standards, and competencies for a bilingual language
414-21 interpreter who attends an individualized education program
415-22 meeting under this subsection to assist a parent who has
416-23 limited English proficiency.
417-24 (g-5) For purposes of this subsection (g-5), "qualified
418-25 professional" means an individual who holds credentials to
419-26 evaluate the child in the domain or domains for which an
426+SB1231- 12 -LRB104 05906 LNS 15938 b SB1231 - 12 - LRB104 05906 LNS 15938 b
427+ SB1231 - 12 - LRB104 05906 LNS 15938 b
428+1 Improvement Act of 2004 (Public Law 108-446); it shall be the
429+2 responsibility of the State Superintendent to develop uniform
430+3 notices setting forth the procedures available under this Act
431+4 and the federal Individuals with Disabilities Education
432+5 Improvement Act of 2004 (Public Law 108-446) to be used by all
433+6 school boards. The notice shall also inform the parents of the
434+7 availability upon request of a list of free or low-cost legal
435+8 and other relevant services available locally to assist
436+9 parents in initiating an impartial due process hearing. The
437+10 State Superintendent shall revise the uniform notices required
438+11 by this subsection (g) to reflect current law and procedures
439+12 at least once every 2 years. Any parent who is deaf or does not
440+13 normally communicate using spoken English and who participates
441+14 in a meeting with a representative of a local educational
442+15 agency for the purposes of developing an individualized
443+16 educational program or attends a multidisciplinary conference
444+17 shall be entitled to the services of an interpreter. The State
445+18 Board of Education must adopt rules to establish the criteria,
446+19 standards, and competencies for a bilingual language
447+20 interpreter who attends an individualized education program
448+21 meeting under this subsection to assist a parent who has
449+22 limited English proficiency.
450+23 (g-5) For purposes of this subsection (g-5), "qualified
451+24 professional" means an individual who holds credentials to
452+25 evaluate the child in the domain or domains for which an
453+26 evaluation is sought or an intern working under the direct
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430-1 evaluation is sought or an intern working under the direct
431-2 supervision of a qualified professional, including a master's
432-3 or doctoral degree candidate.
433-4 To ensure that a parent can participate fully and
434-5 effectively with school personnel in the development of
435-6 appropriate educational and related services for his or her
436-7 child, the parent, an independent educational evaluator, or a
437-8 qualified professional retained by or on behalf of a parent or
438-9 child must be afforded reasonable access to educational
439-10 facilities, personnel, classrooms, and buildings and to the
440-11 child as provided in this subsection (g-5). The requirements
441-12 of this subsection (g-5) apply to any public school facility,
442-13 building, or program and to any facility, building, or program
443-14 supported in whole or in part by public funds. Prior to
444-15 visiting a school, school building, or school facility, the
445-16 parent, independent educational evaluator, or qualified
446-17 professional may be required by the school district to inform
447-18 the building principal or supervisor in writing of the
448-19 proposed visit, the purpose of the visit, and the approximate
449-20 duration of the visit. The visitor and the school district
450-21 shall arrange the visit or visits at times that are mutually
451-22 agreeable. Visitors shall comply with school safety, security,
452-23 and visitation policies at all times. School district
453-24 visitation policies must not conflict with this subsection
454-25 (g-5). Visitors shall be required to comply with the
455-26 requirements of applicable privacy laws, including those laws
462+SB1231- 13 -LRB104 05906 LNS 15938 b SB1231 - 13 - LRB104 05906 LNS 15938 b
463+ SB1231 - 13 - LRB104 05906 LNS 15938 b
464+1 supervision of a qualified professional, including a master's
465+2 or doctoral degree candidate.
466+3 To ensure that a parent can participate fully and
467+4 effectively with school personnel in the development of
468+5 appropriate educational and related services for his or her
469+6 child, the parent, an independent educational evaluator, or a
470+7 qualified professional retained by or on behalf of a parent or
471+8 child must be afforded reasonable access to educational
472+9 facilities, personnel, classrooms, and buildings and to the
473+10 child as provided in this subsection (g-5). The requirements
474+11 of this subsection (g-5) apply to any public school facility,
475+12 building, or program and to any facility, building, or program
476+13 supported in whole or in part by public funds. Prior to
477+14 visiting a school, school building, or school facility, the
478+15 parent, independent educational evaluator, or qualified
479+16 professional may be required by the school district to inform
480+17 the building principal or supervisor in writing of the
481+18 proposed visit, the purpose of the visit, and the approximate
482+19 duration of the visit. The visitor and the school district
483+20 shall arrange the visit or visits at times that are mutually
484+21 agreeable. Visitors shall comply with school safety, security,
485+22 and visitation policies at all times. School district
486+23 visitation policies must not conflict with this subsection
487+24 (g-5). Visitors shall be required to comply with the
488+25 requirements of applicable privacy laws, including those laws
489+26 protecting the confidentiality of education records such as
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466-1 protecting the confidentiality of education records such as
467-2 the federal Family Educational Rights and Privacy Act and the
468-3 Illinois School Student Records Act. The visitor shall not
469-4 disrupt the educational process.
470-5 (1) A parent must be afforded reasonable access of
471-6 sufficient duration and scope for the purpose of observing
472-7 his or her child in the child's current educational
473-8 placement, services, or program or for the purpose of
474-9 visiting an educational placement or program proposed for
475-10 the child.
476-11 (2) An independent educational evaluator or a
477-12 qualified professional retained by or on behalf of a
478-13 parent or child must be afforded reasonable access of
479-14 sufficient duration and scope for the purpose of
480-15 conducting an evaluation of the child, the child's
481-16 performance, the child's current educational program,
482-17 placement, services, or environment, or any educational
483-18 program, placement, services, or environment proposed for
484-19 the child, including interviews of educational personnel,
485-20 child observations, assessments, tests or assessments of
486-21 the child's educational program, services, or placement or
487-22 of any proposed educational program, services, or
488-23 placement. If one or more interviews of school personnel
489-24 are part of the evaluation, the interviews must be
490-25 conducted at a mutually agreed-upon time, date, and place
491-26 that do not interfere with the school employee's school
498+SB1231- 14 -LRB104 05906 LNS 15938 b SB1231 - 14 - LRB104 05906 LNS 15938 b
499+ SB1231 - 14 - LRB104 05906 LNS 15938 b
500+1 the federal Family Educational Rights and Privacy Act and the
501+2 Illinois School Student Records Act. The visitor shall not
502+3 disrupt the educational process.
503+4 (1) A parent must be afforded reasonable access of
504+5 sufficient duration and scope for the purpose of observing
505+6 his or her child in the child's current educational
506+7 placement, services, or program or for the purpose of
507+8 visiting an educational placement or program proposed for
508+9 the child.
509+10 (2) An independent educational evaluator or a
510+11 qualified professional retained by or on behalf of a
511+12 parent or child must be afforded reasonable access of
512+13 sufficient duration and scope for the purpose of
513+14 conducting an evaluation of the child, the child's
514+15 performance, the child's current educational program,
515+16 placement, services, or environment, or any educational
516+17 program, placement, services, or environment proposed for
517+18 the child, including interviews of educational personnel,
518+19 child observations, assessments, tests or assessments of
519+20 the child's educational program, services, or placement or
520+21 of any proposed educational program, services, or
521+22 placement. If one or more interviews of school personnel
522+23 are part of the evaluation, the interviews must be
523+24 conducted at a mutually agreed-upon time, date, and place
524+25 that do not interfere with the school employee's school
525+26 duties. The school district may limit interviews to
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502-1 duties. The school district may limit interviews to
503-2 personnel having information relevant to the child's
504-3 current educational services, program, or placement or to
505-4 a proposed educational service, program, or placement.
506-5 (h) In the development of the individualized education
507-6 program or federal Section 504 plan for a student, if the
508-7 student needs extra accommodation during emergencies,
509-8 including natural disasters or an active shooter situation,
510-9 then that accommodation shall be taken into account when
511-10 developing the student's individualized education program or
512-11 federal Section 504 plan.
513-12 (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;
514-13 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.
515-14 6-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)
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