Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2249 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2249 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-2105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 Amends the Children with Disabilities Article of the School Code. Provides that any student with an individualized education program or any child with a disability who has not been removed from the regular education environment shall receive educational services at the local building that the child would attend if the child did not require special education services. LRB104 09498 LNS 19559 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2249 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: 105 ILCS 5/14-2105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-2 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 Amends the Children with Disabilities Article of the School Code. Provides that any student with an individualized education program or any child with a disability who has not been removed from the regular education environment shall receive educational services at the local building that the child would attend if the child did not require special education services. LRB104 09498 LNS 19559 b LRB104 09498 LNS 19559 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2249 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/14-2105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-2 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
4	4	105 ILCS 5/14-2
5	5	105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
6	6	Amends the Children with Disabilities Article of the School Code. Provides that any student with an individualized education program or any child with a disability who has not been removed from the regular education environment shall receive educational services at the local building that the child would attend if the child did not require special education services.
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9	9	A BILL FOR
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11	11	SB2249 LRB104 09498 LNS 19559 b
12	12	1 AN ACT concerning education.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The School Code is amended by changing Sections
16	16	5 14-2 and 14-8.02 as follows:
17	17	6 (105 ILCS 5/14-2)
18	18	7 Sec. 14-2. Definition of general education classroom for
19	19	8 special education students receiving services in the general
20	20	9 education classroom.
21	21	10 (a) With respect to any State statute or administrative
22	22	11 rule that defines a general education classroom to be composed
23	23	12 of a certain percentage of students with individualized
24	24	13 education programs (IEPs), students with individualized
25	25	14 education programs shall exclude students receiving only
26	26	15 speech services outside of the general education classroom,
27	27	16 provided that the instruction the students receive in the
28	28	17 general education classroom does not require modification.
29	29	18 (b) In every instance, a school district must ensure that
30	30	19 composition of the general education classroom does not
31	31	20 interfere with the provision of a free and appropriate public
32	32	21 education to any student.
33	33	22 (c) Any student with an individualized education program
34	34	23 shall receive services in general education classrooms in the
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2249 Introduced 2/7/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
39	39	105 ILCS 5/14-2105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02 105 ILCS 5/14-2 105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
40	40	105 ILCS 5/14-2
41	41	105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
42	42	Amends the Children with Disabilities Article of the School Code. Provides that any student with an individualized education program or any child with a disability who has not been removed from the regular education environment shall receive educational services at the local building that the child would attend if the child did not require special education services.
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45	45	A BILL FOR
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52	52	105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
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71	71	1 local school building that the child would attend if the child
72	72	2 did not require special educational services.
73	73	3 (Source: P.A. 97-284, eff. 8-9-11.)
74	74	4 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
75	75	5 Sec. 14-8.02. Identification, evaluation, and placement of
76	76	6 children.
77	77	7 (a) The State Board of Education shall make rules under
78	78	8 which local school boards shall determine the eligibility of
79	79	9 children to receive special education. Such rules shall ensure
80	80	10 that a free appropriate public education be available to all
81	81	11 children with disabilities as defined in Section 14-1.02 and
82	82	12 that any child with a disability who has not been removed from
83	83	13 the regular educational environment in accordance with
84	84	14 paragraph (d) of this Section shall receive educational
85	85	15 services and special educational services at the local school
86	86	16 building that the child would attend if the child did not
87	87	17 require special educational services. The State Board of
88	88	18 Education shall require local school districts to administer
89	89	19 non-discriminatory procedures or tests to English learners
90	90	20 coming from homes in which a language other than English is
91	91	21 used to determine their eligibility to receive special
92	92	22 education. The placement of low English proficiency students
93	93	23 in special education programs and facilities shall be made in
94	94	24 accordance with the test results reflecting the student's
95	95	25 linguistic, cultural and special education needs. For purposes
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106	106	1 of determining the eligibility of children the State Board of
107	107	2 Education shall include in the rules definitions of "case
108	108	3 study", "staff conference", "individualized educational
109	109	4 program", and "qualified specialist" appropriate to each
110	110	5 category of children with disabilities as defined in this
111	111	6 Article. For purposes of determining the eligibility of
112	112	7 children from homes in which a language other than English is
113	113	8 used, the State Board of Education shall include in the rules
114	114	9 definitions for "qualified bilingual specialists" and
115	115	10 "linguistically and culturally appropriate individualized
116	116	11 educational programs". For purposes of this Section, as well
117	117	12 as Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
118	118	13 "parent" means a parent as defined in the federal Individuals
119	119	14 with Disabilities Education Act (20 U.S.C. 1401(23)).
120	120	15 (b) No child shall be eligible for special education
121	121	16 facilities except with a carefully completed case study fully
122	122	17 reviewed by professional personnel in a multidisciplinary
123	123	18 staff conference and only upon the recommendation of qualified
124	124	19 specialists or a qualified bilingual specialist, if available.
125	125	20 At the conclusion of the multidisciplinary staff conference,
126	126	21 the parent of the child and, if the child is in the legal
127	127	22 custody of the Department of Children and Family Services, the
128	128	23 Department's Office of Education and Transition Services shall
129	129	24 be given a copy of the multidisciplinary conference summary
130	130	25 report and recommendations, which includes options considered,
131	131	26 and, in the case of the parent, be informed of his or her right
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142	142	1 to obtain an independent educational evaluation if he or she
143	143	2 disagrees with the evaluation findings conducted or obtained
144	144	3 by the school district. If the school district's evaluation is
145	145	4 shown to be inappropriate, the school district shall reimburse
146	146	5 the parent for the cost of the independent evaluation. The
147	147	6 State Board of Education shall, with advice from the State
148	148	7 Advisory Council on Education of Children with Disabilities on
149	149	8 the inclusion of specific independent educational evaluators,
150	150	9 prepare a list of suggested independent educational
151	151	10 evaluators. The State Board of Education shall include on the
152	152	11 list clinical psychologists licensed pursuant to the Clinical
153	153	12 Psychologist Licensing Act. Such psychologists shall not be
154	154	13 paid fees in excess of the amount that would be received by a
155	155	14 school psychologist for performing the same services. The
156	156	15 State Board of Education shall supply school districts with
157	157	16 such list and make the list available to parents at their
158	158	17 request. School districts shall make the list available to
159	159	18 parents at the time they are informed of their right to obtain
160	160	19 an independent educational evaluation. However, the school
161	161	20 district may initiate an impartial due process hearing under
162	162	21 this Section within 5 days of any written parent request for an
163	163	22 independent educational evaluation to show that its evaluation
164	164	23 is appropriate. If the final decision is that the evaluation
165	165	24 is appropriate, the parent still has a right to an independent
166	166	25 educational evaluation, but not at public expense. An
167	167	26 independent educational evaluation at public expense must be
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178	178	1 completed within 30 days of a parent's written request unless
179	179	2 the school district initiates an impartial due process hearing
180	180	3 or the parent or school district offers reasonable grounds to
181	181	4 show that such 30-day time period should be extended. If the
182	182	5 due process hearing decision indicates that the parent is
183	183	6 entitled to an independent educational evaluation, it must be
184	184	7 completed within 30 days of the decision unless the parent or
185	185	8 the school district offers reasonable grounds to show that
186	186	9 such 30-day period should be extended. If a parent disagrees
187	187	10 with the summary report or recommendations of the
188	188	11 multidisciplinary conference or the findings of any
189	189	12 educational evaluation which results therefrom, the school
190	190	13 district shall not proceed with a placement based upon such
191	191	14 evaluation and the child shall remain in his or her regular
192	192	15 classroom setting. No child shall be eligible for admission to
193	193	16 a special class for children with a mental disability who are
194	194	17 educable or for children with a mental disability who are
195	195	18 trainable except with a psychological evaluation and
196	196	19 recommendation by a school psychologist. Consent shall be
197	197	20 obtained from the parent of a child before any evaluation is
198	198	21 conducted. If consent is not given by the parent or if the
199	199	22 parent disagrees with the findings of the evaluation, then the
200	200	23 school district may initiate an impartial due process hearing
201	201	24 under this Section. The school district may evaluate the child
202	202	25 if that is the decision resulting from the impartial due
203	203	26 process hearing and the decision is not appealed or if the
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214	214	1 decision is affirmed on appeal. The determination of
215	215	2 eligibility shall be made and the IEP meeting shall be
216	216	3 completed within 60 school days from the date of written
217	217	4 parental consent. In those instances when written parental
218	218	5 consent is obtained with fewer than 60 pupil attendance days
219	219	6 left in the school year, the eligibility determination shall
220	220	7 be made and the IEP meeting shall be completed prior to the
221	221	8 first day of the following school year. Special education and
222	222	9 related services must be provided in accordance with the
223	223	10 student's IEP no later than 10 school attendance days after
224	224	11 notice is provided to the parents pursuant to Section 300.503
225	225	12 of Title 34 of the Code of Federal Regulations and
226	226	13 implementing rules adopted by the State Board of Education.
227	227	14 The appropriate program pursuant to the individualized
228	228	15 educational program of students whose native tongue is a
229	229	16 language other than English shall reflect the special
230	230	17 education, cultural and linguistic needs. No later than
231	231	18 September 1, 1993, the State Board of Education shall
232	232	19 establish standards for the development, implementation and
233	233	20 monitoring of appropriate bilingual special individualized
234	234	21 educational programs. The State Board of Education shall
235	235	22 further incorporate appropriate monitoring procedures to
236	236	23 verify implementation of these standards. The district shall
237	237	24 indicate to the parent, the State Board of Education, and, if
238	238	25 applicable, the Department's Office of Education and
239	239	26 Transition Services the nature of the services the child will
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250	250	1 receive for the regular school term while awaiting placement
251	251	2 in the appropriate special education class. At the child's
252	252	3 initial IEP meeting and at each annual review meeting, the
253	253	4 child's IEP team shall provide the child's parent or guardian
254	254	5 and, if applicable, the Department's Office of Education and
255	255	6 Transition Services with a written notification that informs
256	256	7 the parent or guardian or the Department's Office of Education
257	257	8 and Transition Services that the IEP team is required to
258	258	9 consider whether the child requires assistive technology in
259	259	10 order to receive free, appropriate public education. The
260	260	11 notification must also include a toll-free telephone number
261	261	12 and internet address for the State's assistive technology
262	262	13 program.
263	263	14 If the child is deaf, hard of hearing, blind, or visually
264	264	15 impaired or has an orthopedic impairment or physical
265	265	16 disability and he or she might be eligible to receive services
266	266	17 from the Illinois School for the Deaf, the Illinois School for
267	267	18 the Visually Impaired, or the Illinois Center for
268	268	19 Rehabilitation and Education-Roosevelt, the school district
269	269	20 shall notify the parents, in writing, of the existence of
270	270	21 these schools and the services they provide and shall make a
271	271	22 reasonable effort to inform the parents of the existence of
272	272	23 other, local schools that provide similar services and the
273	273	24 services that these other schools provide. This notification
274	274	25 shall include, without limitation, information on school
275	275	26 services, school admissions criteria, and school contact
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286	286	1 information.
287	287	2 In the development of the individualized education program
288	288	3 for a student who has a disability on the autism spectrum
289	289	4 (which includes autistic disorder, Asperger's disorder,
290	290	5 pervasive developmental disorder not otherwise specified,
291	291	6 childhood disintegrative disorder, and Rett Syndrome, as
292	292	7 defined in the Diagnostic and Statistical Manual of Mental
293	293	8 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
294	294	9 consider all of the following factors:
295	295	10 (1) The verbal and nonverbal communication needs of
296	296	11 the child.
297	297	12 (2) The need to develop social interaction skills and
298	298	13 proficiencies.
299	299	14 (3) The needs resulting from the child's unusual
300	300	15 responses to sensory experiences.
301	301	16 (4) The needs resulting from resistance to
302	302	17 environmental change or change in daily routines.
303	303	18 (5) The needs resulting from engagement in repetitive
304	304	19 activities and stereotyped movements.
305	305	20 (6) The need for any positive behavioral
306	306	21 interventions, strategies, and supports to address any
307	307	22 behavioral difficulties resulting from autism spectrum
308	308	23 disorder.
309	309	24 (7) Other needs resulting from the child's disability
310	310	25 that impact progress in the general curriculum, including
311	311	26 social and emotional development.
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322	322	1 Public Act 95-257 does not create any new entitlement to a
323	323	2 service, program, or benefit, but must not affect any
324	324	3 entitlement to a service, program, or benefit created by any
325	325	4 other law.
326	326	5 If the student may be eligible to participate in the
327	327	6 Home-Based Support Services Program for Adults with Mental
328	328	7 Disabilities authorized under the Developmental Disability and
329	329	8 Mental Disability Services Act upon becoming an adult, the
330	330	9 student's individualized education program shall include plans
331	331	10 for (i) determining the student's eligibility for those
332	332	11 home-based services, (ii) enrolling the student in the program
333	333	12 of home-based services, and (iii) developing a plan for the
334	334	13 student's most effective use of the home-based services after
335	335	14 the student becomes an adult and no longer receives special
336	336	15 educational services under this Article. The plans developed
337	337	16 under this paragraph shall include specific actions to be
338	338	17 taken by specified individuals, agencies, or officials.
339	339	18 (c) In the development of the individualized education
340	340	19 program for a student who is functionally blind, it shall be
341	341	20 presumed that proficiency in Braille reading and writing is
342	342	21 essential for the student's satisfactory educational progress.
343	343	22 For purposes of this subsection, the State Board of Education
344	344	23 shall determine the criteria for a student to be classified as
345	345	24 functionally blind. Students who are not currently identified
346	346	25 as functionally blind who are also entitled to Braille
347	347	26 instruction include: (i) those whose vision loss is so severe
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358	358	1 that they are unable to read and write at a level comparable to
359	359	2 their peers solely through the use of vision, and (ii) those
360	360	3 who show evidence of progressive vision loss that may result
361	361	4 in functional blindness. Each student who is functionally
362	362	5 blind shall be entitled to Braille reading and writing
363	363	6 instruction that is sufficient to enable the student to
364	364	7 communicate with the same level of proficiency as other
365	365	8 students of comparable ability. Instruction should be provided
366	366	9 to the extent that the student is physically and cognitively
367	367	10 able to use Braille. Braille instruction may be used in
368	368	11 combination with other special education services appropriate
369	369	12 to the student's educational needs. The assessment of each
370	370	13 student who is functionally blind for the purpose of
371	371	14 developing the student's individualized education program
372	372	15 shall include documentation of the student's strengths and
373	373	16 weaknesses in Braille skills. Each person assisting in the
374	374	17 development of the individualized education program for a
375	375	18 student who is functionally blind shall receive information
376	376	19 describing the benefits of Braille instruction. The
377	377	20 individualized education program for each student who is
378	378	21 functionally blind shall specify the appropriate learning
379	379	22 medium or media based on the assessment report.
380	380	23 (d) To the maximum extent appropriate, the placement shall
381	381	24 provide the child with the opportunity to be educated with
382	382	25 children who do not have a disability; provided that children
383	383	26 with disabilities who are recommended to be placed into
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394	394	1 regular education classrooms are provided with supplementary
395	395	2 services to assist the children with disabilities to benefit
396	396	3 from the regular classroom instruction and are included on the
397	397	4 teacher's regular education class register. Subject to the
398	398	5 limitation of the preceding sentence, placement in special
399	399	6 classes, separate schools or other removal of the child with a
400	400	7 disability from the regular educational environment shall
401	401	8 occur only when the nature of the severity of the disability is
402	402	9 such that education in the regular classes with the use of
403	403	10 supplementary aids and services cannot be achieved
404	404	11 satisfactorily. The placement of English learners with
405	405	12 disabilities shall be in non-restrictive environments which
406	406	13 provide for integration with peers who do not have
407	407	14 disabilities in bilingual classrooms. Annually, each January,
408	408	15 school districts shall report data on students from
409	409	16 non-English speaking backgrounds receiving special education
410	410	17 and related services in public and private facilities as
411	411	18 prescribed in Section 2-3.30. If there is a disagreement
412	412	19 between parties involved regarding the special education
413	413	20 placement of any child, either in-state or out-of-state, the
414	414	21 placement is subject to impartial due process procedures
415	415	22 described in Article 10 of the Rules and Regulations to Govern
416	416	23 the Administration and Operation of Special Education.
417	417	24 (e) No child who comes from a home in which a language
418	418	25 other than English is the principal language used may be
419	419	26 assigned to any class or program under this Article until he
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430	430	1 has been given, in the principal language used by the child and
431	431	2 used in his home, tests reasonably related to his cultural
432	432	3 environment. All testing and evaluation materials and
433	433	4 procedures utilized for evaluation and placement shall not be
434	434	5 linguistically, racially or culturally discriminatory.
435	435	6 (f) Nothing in this Article shall be construed to require
436	436	7 any child to undergo any physical examination or medical
437	437	8 treatment whose parents object thereto on the grounds that
438	438	9 such examination or treatment conflicts with his religious
439	439	10 beliefs.
440	440	11 (g) School boards or their designee shall provide to the
441	441	12 parents of a child or, if applicable, the Department of
442	442	13 Children and Family Services' Office of Education and
443	443	14 Transition Services prior written notice of any decision (a)
444	444	15 proposing to initiate or change, or (b) refusing to initiate
445	445	16 or change, the identification, evaluation, or educational
446	446	17 placement of the child or the provision of a free appropriate
447	447	18 public education to their child, and the reasons therefor. For
448	448	19 a parent, such written notification shall also inform the
449	449	20 parent of the opportunity to present complaints with respect
450	450	21 to any matter relating to the educational placement of the
451	451	22 student, or the provision of a free appropriate public
452	452	23 education and to have an impartial due process hearing on the
453	453	24 complaint. The notice shall inform the parents in the parents'
454	454	25 native language, unless it is clearly not feasible to do so, of
455	455	26 their rights and all procedures available pursuant to this Act
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466	466	1 and the federal Individuals with Disabilities Education
467	467	2 Improvement Act of 2004 (Public Law 108-446); it shall be the
468	468	3 responsibility of the State Superintendent to develop uniform
469	469	4 notices setting forth the procedures available under this Act
470	470	5 and the federal Individuals with Disabilities Education
471	471	6 Improvement Act of 2004 (Public Law 108-446) to be used by all
472	472	7 school boards. The notice shall also inform the parents of the
473	473	8 availability upon request of a list of free or low-cost legal
474	474	9 and other relevant services available locally to assist
475	475	10 parents in initiating an impartial due process hearing. The
476	476	11 State Superintendent shall revise the uniform notices required
477	477	12 by this subsection (g) to reflect current law and procedures
478	478	13 at least once every 2 years. Any parent who is deaf or does not
479	479	14 normally communicate using spoken English and who participates
480	480	15 in a meeting with a representative of a local educational
481	481	16 agency for the purposes of developing an individualized
482	482	17 educational program or attends a multidisciplinary conference
483	483	18 shall be entitled to the services of an interpreter. The State
484	484	19 Board of Education must adopt rules to establish the criteria,
485	485	20 standards, and competencies for a bilingual language
486	486	21 interpreter who attends an individualized education program
487	487	22 meeting under this subsection to assist a parent who has
488	488	23 limited English proficiency.
489	489	24 (g-5) For purposes of this subsection (g-5), "qualified
490	490	25 professional" means an individual who holds credentials to
491	491	26 evaluate the child in the domain or domains for which an
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502	502	1 evaluation is sought or an intern working under the direct
503	503	2 supervision of a qualified professional, including a master's
504	504	3 or doctoral degree candidate.
505	505	4 To ensure that a parent can participate fully and
506	506	5 effectively with school personnel in the development of
507	507	6 appropriate educational and related services for his or her
508	508	7 child, the parent, an independent educational evaluator, or a
509	509	8 qualified professional retained by or on behalf of a parent or
510	510	9 child must be afforded reasonable access to educational
511	511	10 facilities, personnel, classrooms, and buildings and to the
512	512	11 child as provided in this subsection (g-5). The requirements
513	513	12 of this subsection (g-5) apply to any public school facility,
514	514	13 building, or program and to any facility, building, or program
515	515	14 supported in whole or in part by public funds. Prior to
516	516	15 visiting a school, school building, or school facility, the
517	517	16 parent, independent educational evaluator, or qualified
518	518	17 professional may be required by the school district to inform
519	519	18 the building principal or supervisor in writing of the
520	520	19 proposed visit, the purpose of the visit, and the approximate
521	521	20 duration of the visit. The visitor and the school district
522	522	21 shall arrange the visit or visits at times that are mutually
523	523	22 agreeable. Visitors shall comply with school safety, security,
524	524	23 and visitation policies at all times. School district
525	525	24 visitation policies must not conflict with this subsection
526	526	25 (g-5). Visitors shall be required to comply with the
527	527	26 requirements of applicable privacy laws, including those laws
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538	538	1 protecting the confidentiality of education records such as
539	539	2 the federal Family Educational Rights and Privacy Act and the
540	540	3 Illinois School Student Records Act. The visitor shall not
541	541	4 disrupt the educational process.
542	542	5 (1) A parent must be afforded reasonable access of
543	543	6 sufficient duration and scope for the purpose of observing
544	544	7 his or her child in the child's current educational
545	545	8 placement, services, or program or for the purpose of
546	546	9 visiting an educational placement or program proposed for
547	547	10 the child.
548	548	11 (2) An independent educational evaluator or a
549	549	12 qualified professional retained by or on behalf of a
550	550	13 parent or child must be afforded reasonable access of
551	551	14 sufficient duration and scope for the purpose of
552	552	15 conducting an evaluation of the child, the child's
553	553	16 performance, the child's current educational program,
554	554	17 placement, services, or environment, or any educational
555	555	18 program, placement, services, or environment proposed for
556	556	19 the child, including interviews of educational personnel,
557	557	20 child observations, assessments, tests or assessments of
558	558	21 the child's educational program, services, or placement or
559	559	22 of any proposed educational program, services, or
560	560	23 placement. If one or more interviews of school personnel
561	561	24 are part of the evaluation, the interviews must be
562	562	25 conducted at a mutually agreed-upon time, date, and place
563	563	26 that do not interfere with the school employee's school
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