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Illinois General Assembly· SB 1231Governor Approved

SCH ED-SPECIAL ED FACILITIES, the official text

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SB1231 Enrolled                      LRB104 05906 LNS 15938 b

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
    SB1231 Enrolled  -2-                LRB104 05906 LNS 15938 b

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
SB1231 Enrolled  -3-  LRB104 05906 LNS 15938 b

 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 7 school 5 days of any written parent
21 request for an independent educational evaluation to show that
22 its evaluation is appropriate. If the final decision is that
23 the evaluation is appropriate, the parent still has a right to
24 an independent educational evaluation, but not at public
25 expense. An independent educational evaluation at public
26 expense must be completed within 60 school 30 days of a
SB1231 Enrolled  -4-  LRB104 05906 LNS 15938 b

 1 parent's written request unless the school district initiates
 2 an impartial due process hearing or the parent or school
 3 district offers reasonable grounds to show that such 30-day
 4 time period should be extended. If the due process hearing
 5 decision indicates that the parent is entitled to an
 6 independent educational evaluation, it must be completed
 7 within 60 school 30 days of the decision unless the parent or
 8 the school district offers reasonable grounds to show that
 9 such 30-day period should be extended. If a parent disagrees
10 with the summary report or recommendations of the
11 multidisciplinary conference or the findings of any
12 educational evaluation which results therefrom, the school
13 district shall not proceed with a placement based upon such
14 evaluation and the child shall remain in his or her regular
15 classroom setting. No child shall be eligible for admission to
16 a special class for children with a mental disability who are
17 educable or for children with a mental disability who are
18 trainable except with a psychological evaluation and
19 recommendation by a school psychologist. Consent shall be
20 obtained from the parent of a child before any evaluation is
21 conducted. If consent is not given by the parent or if the
22 parent disagrees with the findings of the evaluation, then the
23 school district may initiate an impartial due process hearing
24 under this Section. The school district may evaluate the child
25 if that is the decision resulting from the impartial due
26 process hearing and the decision is not appealed or if the
SB1231 Enrolled  -5-  LRB104 05906 LNS 15938 b

 1 decision is affirmed on appeal. The determination of
 2 eligibility shall be made and the IEP meeting shall be
 3 completed within 60 school days from the date of written
 4 parental consent. In those instances when written parental
 5 consent is obtained with fewer than 60 pupil attendance days
 6 left in the school year, the eligibility determination shall
 7 be made and the IEP meeting shall be completed prior to the
 8 first day of the following school year. Special education and
 9 related services must be provided in accordance with the
10 student's IEP no later than 10 school attendance days after
11 notice is provided to the parents pursuant to Section 300.503
12 of Title 34 of the Code of Federal Regulations and
13 implementing rules adopted by the State Board of Education.
14 The appropriate program pursuant to the individualized
15 educational program of students whose native tongue is a
16 language other than English shall reflect the special
17 education, cultural and linguistic needs. No later than
18 September 1, 1993, the State Board of Education shall
19 establish standards for the development, implementation and
20 monitoring of appropriate bilingual special individualized
21 educational programs. The State Board of Education shall
22 further incorporate appropriate monitoring procedures to
23 verify implementation of these standards. The district shall
24 indicate to the parent, the State Board of Education, and, if
25 applicable, the Department's Office of Education and
26 Transition Services the nature of the services the child will
    SB1231 Enrolled  -6-  LRB104 05906 LNS 15938 b

1 receive for the regular school term while awaiting placement

2 in the appropriate special education class. At the child's

3 initial IEP meeting and at each annual review meeting, the

4 child's IEP team shall provide the child's parent or guardian

5 and, if applicable, the Department's Office of Education and

6 Transition Services with a written notification that informs

7 the parent or guardian or the Department's Office of Education

8 and Transition Services that the IEP team is required to

9 consider whether the child requires assistive technology in

10 order to receive free, appropriate public education. The

11 notification must also include a toll-free telephone number

12 and internet address for the State's assistive technology

13 program.

14  If the child is deaf, hard of hearing, blind, or visually

15 impaired or has an orthopedic impairment or physical

16 disability and he or she might be eligible to receive services

17 from the Illinois School for the Deaf, the Illinois School for

18 the Visually Impaired, or the Illinois Center for

19 Rehabilitation and Education-Roosevelt, the school district

20 shall notify the parents, in writing, of the existence of

21 these schools and the services they provide and shall make a

22 reasonable effort to inform the parents of the existence of

23 other, local schools that provide similar services and the

24 services that these other schools provide. This notification

25 shall include, without limitation, information on school

26 services, school admissions criteria, and school contact
    SB1231 Enrolled  -7-                  LRB104 05906 LNS 15938 b

1 information.

2   In the development of the individualized education program

3 for a student who has a disability on the autism spectrum

4 (which includes autistic disorder, Asperger's disorder,

5 pervasive developmental disorder not otherwise specified,

6 childhood disintegrative disorder, and Rett Syndrome, as

7 defined in the Diagnostic and Statistical Manual of Mental

8 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall

9 consider all of the following factors:

10  (1) The verbal and nonverbal communication needs of

11  the child.

12  (2) The need to develop social interaction skills and

13  proficiencies.

14  (3) The needs resulting from the child's unusual

15  responses to sensory experiences.

16  (4) The needs resulting from resistance to

17  environmental change or change in daily routines.

18  (5) The needs resulting from engagement in repetitive

19  activities and stereotyped movements.

20  (6) The need for any positive behavioral

21  interventions, strategies, and supports to address any

22  behavioral difficulties resulting from autism spectrum

23  disorder.

24  (7) Other needs resulting from the child's disability

25  that impact progress in the general curriculum, including

26  social and emotional development.
    SB1231 Enrolled  -8-  LRB104 05906 LNS 15938 b

1 Public Act 95-257 does not create any new entitlement to a

2 service, program, or benefit, but must not affect any

3 entitlement to a service, program, or benefit created by any

4 other law.

5   If the student may be eligible to participate in the

6 Home-Based Support Services Program for Adults with Mental

7 Disabilities authorized under the Developmental Disability and

8 Mental Disability Services Act upon becoming an adult, the

9 student's individualized education program shall include plans

10 for (i) determining the student's eligibility for those

11 home-based services, (ii) enrolling the student in the program

12 of home-based services, and (iii) developing a plan for the

13 student's most effective use of the home-based services after

14 the student becomes an adult and no longer receives special

15 educational services under this Article. The plans developed

16 under this paragraph shall include specific actions to be

17 taken by specified individuals, agencies, or officials.

18  (c) In the development of the individualized education

19 program for a student who is functionally blind, it shall be

20 presumed that proficiency in Braille reading and writing is

21 essential for the student's satisfactory educational progress.

22 For purposes of this subsection, the State Board of Education

23 shall determine the criteria for a student to be classified as

24 functionally blind. Students who are not currently identified

25 as functionally blind who are also entitled to Braille

26 instruction include: (i) those whose vision loss is so severe
    SB1231 Enrolled  -9-  LRB104 05906 LNS 15938 b

1 that they are unable to read and write at a level comparable to

2 their peers solely through the use of vision, and (ii) those

3 who show evidence of progressive vision loss that may result

4 in functional blindness. Each student who is functionally

5 blind shall be entitled to Braille reading and writing

6 instruction that is sufficient to enable the student to

7 communicate with the same level of proficiency as other

8 students of comparable ability. Instruction should be provided

9 to the extent that the student is physically and cognitively

10 able to use Braille. Braille instruction may be used in

11 combination with other special education services appropriate

12 to the student's educational needs. The assessment of each

13 student who is functionally blind for the purpose of

14 developing the student's individualized education program

15 shall include documentation of the student's strengths and

16 weaknesses in Braille skills. Each person assisting in the

17 development of the individualized education program for a

18 student who is functionally blind shall receive information

19 describing the benefits of Braille instruction. The

20 individualized education program for each student who is

21 functionally blind shall specify the appropriate learning

22 medium or media based on the assessment report.

23  (d) To the maximum extent appropriate, the placement shall

24 provide the child with the opportunity to be educated with

25 children who do not have a disability; provided that children

26 with disabilities who are recommended to be placed into
    SB1231 Enrolled  - 10 - LRB104 05906 LNS 15938 b

1 regular education classrooms are provided with supplementary

2 services to assist the children with disabilities to benefit

3 from the regular classroom instruction and are included on the

4 teacher's regular education class register. Subject to the

5 limitation of the preceding sentence, placement in special

6 classes, separate schools or other removal of the child with a

7 disability from the regular educational environment shall

8 occur only when the nature of the severity of the disability is

9 such that education in the regular classes with the use of

10 supplementary aids and services cannot be achieved

11 satisfactorily. The placement of English learners with

12 disabilities shall be in non-restrictive environments which

13 provide for integration with peers who do not have

14 disabilities in bilingual classrooms. Annually, each January,

15 school districts shall report data on students from

16 non-English speaking backgrounds receiving special education

17 and related services in public and private facilities as

18 prescribed in Section 2-3.30. If there is a disagreement

19 between parties involved regarding the special education

20 placement of any child, either in-state or out-of-state, the

21 placement is subject to impartial due process procedures

22 described in Article 10 of the Rules and Regulations to Govern

23 the Administration and Operation of Special Education.

24  (e) No child who comes from a home in which a language

25 other than English is the principal language used may be

26 assigned to any class or program under this Article until he
    SB1231 Enrolled  - 11 - LRB104 05906 LNS 15938 b

1 has been given, in the principal language used by the child and

2 used in his home, tests reasonably related to his cultural

3 environment. All testing and evaluation materials and

4 procedures utilized for evaluation and placement shall not be

5 linguistically, racially or culturally discriminatory.

6   (f) Nothing in this Article shall be construed to require

7 any child to undergo any physical examination or medical

8 treatment whose parents object thereto on the grounds that

9 such examination or treatment conflicts with his religious

10 beliefs.

11  (g) School boards or their designee shall provide to the

12 parents of a child or, if applicable, the Department of

13 Children and Family Services' Office of Education and

14 Transition Services prior written notice of any decision (a)

15 proposing to initiate or change, or (b) refusing to initiate

16 or change, the identification, evaluation, or educational

17 placement of the child or the provision of a free appropriate

18 public education to their child, and the reasons therefor. For

19 a parent, such written notification shall also inform the

20 parent of the opportunity to present complaints with respect

21 to any matter relating to the educational placement of the

22 student, or the provision of a free appropriate public

23 education and to have an impartial due process hearing on the

24 complaint. The notice shall inform the parents in the parents'

25 native language, unless it is clearly not feasible to do so, of

26 their rights and all procedures available pursuant to this Act
    SB1231 Enrolled              - 12 - LRB104 05906 LNS 15938 b

1 and the federal Individuals with Disabilities Education

2 Improvement Act of 2004 (Public Law 108-446); it shall be the

3 responsibility of the State Superintendent to develop uniform

4 notices setting forth the procedures available under this Act

5 and the federal Individuals with Disabilities Education

6 Improvement Act of 2004 (Public Law 108-446) to be used by all

7 school boards. The notice shall also inform the parents of the

8 availability upon request of a list of free or low-cost legal

9 and other relevant services available locally to assist

10 parents in initiating an impartial due process hearing. The

11 State Superintendent shall revise the uniform notices required

12 by this subsection (g) to reflect current law and procedures

13 at least once every 2 years. Any parent who is deaf or does not

14 normally communicate using spoken English and who participates

15 in a meeting with a representative of a local educational

16 agency for the purposes of developing an individualized

17 educational program or attends a multidisciplinary conference

18 shall be entitled to the services of an interpreter. The State

19 Board of Education must adopt rules to establish the criteria,

20 standards, and competencies for a bilingual language

21 interpreter who attends an individualized education program

22 meeting under this subsection to assist a parent who has

23 limited English proficiency.

24  (g-5) For purposes of this subsection (g-5), "qualified

25 professional" means an individual who holds credentials to

26 evaluate the child in the domain or domains for which an
   SB1231 Enrolled  - 13 - LRB104 05906 LNS 15938 b

1 evaluation is sought or an intern working under the direct

2 supervision of a qualified professional, including a master's

3 or doctoral degree candidate.

4  To ensure that a parent can participate fully and

5 effectively with school personnel in the development of

6 appropriate educational and related services for his or her

7 child, the parent, an independent educational evaluator, or a

8 qualified professional retained by or on behalf of a parent or

9 child must be afforded reasonable access to educational

10 facilities, personnel, classrooms, and buildings and to the

11 child as provided in this subsection (g-5). The requirements

12 of this subsection (g-5) apply to any public school facility,

13 building, or program and to any facility, building, or program

14 supported in whole or in part by public funds. Prior to

15 visiting a school, school building, or school facility, the

16 parent, independent educational evaluator, or qualified

17 professional may be required by the school district to inform

18 the building principal or supervisor in writing of the

19 proposed visit, the purpose of the visit, and the approximate

20 duration of the visit. The visitor and the school district

21 shall arrange the visit or visits at times that are mutually

22 agreeable. Visitors shall comply with school safety, security,

23 and visitation policies at all times. School district

24 visitation policies must not conflict with this subsection

25 (g-5). Visitors shall be required to comply with the

26 requirements of applicable privacy laws, including those laws
    SB1231 Enrolled  - 14 - LRB104 05906 LNS 15938 b

1 protecting the confidentiality of education records such as

2 the federal Family Educational Rights and Privacy Act and the

3 Illinois School Student Records Act. The visitor shall not

4 disrupt the educational process.

5   (1) A parent must be afforded reasonable access of

6   sufficient duration and scope for the purpose of observing

7   his or her child in the child's current educational

8   placement, services, or program or for the purpose of

9   visiting an educational placement or program proposed for

10  the child.

11  (2) An independent educational evaluator or a

12  qualified professional retained by or on behalf of a

13  parent or child must be afforded reasonable access of

14  sufficient duration and scope for the purpose of

15  conducting an evaluation of the child, the child's

16  performance, the child's current educational program,

17  placement, services, or environment, or any educational

18  program, placement, services, or environment proposed for

19  the child, including interviews of educational personnel,

20  child observations, assessments, tests or assessments of

21  the child's educational program, services, or placement or

22  of any proposed educational program, services, or

23  placement. If one or more interviews of school personnel

24  are part of the evaluation, the interviews must be

25  conducted at a mutually agreed-upon time, date, and place

26  that do not interfere with the school employee's school
   SB1231 Enrolled            - 15 - LRB104 05906 LNS 15938 b

1  duties. The school district may limit interviews to

2  personnel having information relevant to the child's

3  current educational services, program, or placement or to

4  a proposed educational service, program, or placement.

5  (h) In the development of the individualized education

6 program or federal Section 504 plan for a student, if the

7 student needs extra accommodation during emergencies,

8 including natural disasters or an active shooter situation,

9 then that accommodation shall be taken into account when

10 developing the student's individualized education program or

11 federal Section 504 plan.

12 (Source: P.A. 102-199, eff. 7-1-22; 102-264, eff. 8-6-21;

13 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1072, eff.

14 6-10-22; 103-197, eff. 1-1-24; 103-605, eff. 7-1-24.)
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