Bill Text: IL HB3680 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing a student's IEP plan.
Spectrum: Moderate Partisan Bill (Democrat 30-4)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0197 [HB3680 Detail]
Download: Illinois-2023-HB3680-Engrossed.html
Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if the student needs extra accommodation during emergencies, including natural disasters or an active shooter situation, then that accommodation shall be taken into account when developing a student's IEP plan.
Spectrum: Moderate Partisan Bill (Democrat 30-4)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0197 [HB3680 Detail]
Download: Illinois-2023-HB3680-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 14-8.02 as follows:
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6 | (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
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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 |
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| |||||||
1 | definitions of "case study",
"staff conference", | ||||||
2 | "individualized educational program", and "qualified
| ||||||
3 | specialist" appropriate to each category of children with
| ||||||
4 | disabilities as defined in
this Article. For purposes of | ||||||
5 | determining the eligibility of children from
homes in which a | ||||||
6 | language other than English is used, the State Board of
| ||||||
7 | Education shall include in the rules
definitions for | ||||||
8 | "qualified bilingual specialists" and "linguistically and
| ||||||
9 | culturally appropriate individualized educational programs". | ||||||
10 | For purposes of this
Section, as well as Sections 14-8.02a, | ||||||
11 | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | ||||||
12 | as defined in the federal Individuals with Disabilities | ||||||
13 | Education Act (20 U.S.C. 1401(23)).
| ||||||
14 | (b) No child shall be eligible for special education | ||||||
15 | facilities except
with a carefully completed case study fully | ||||||
16 | reviewed by professional
personnel in a multidisciplinary | ||||||
17 | staff conference and only upon the
recommendation of qualified | ||||||
18 | specialists or a qualified bilingual specialist, if
available. | ||||||
19 | At the conclusion of the multidisciplinary staff conference, | ||||||
20 | the
parent of the child and, if the child is in the legal | ||||||
21 | custody of the Department of Children and Family Services, the | ||||||
22 | Department's Office of Education and Transition Services shall | ||||||
23 | be given a copy of the multidisciplinary
conference summary | ||||||
24 | report and recommendations, which includes options
considered, | ||||||
25 | and, in the case of the parent, be informed of his or her right | ||||||
26 | to obtain an independent educational
evaluation if he or she |
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1 | disagrees with the evaluation findings conducted or obtained
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2 | by the school district. If the school district's evaluation is | ||||||
3 | shown to be
inappropriate, the school district shall reimburse | ||||||
4 | the parent for the cost of
the independent evaluation. The | ||||||
5 | State Board of Education shall, with advice
from the State | ||||||
6 | Advisory Council on Education of Children with
Disabilities on | ||||||
7 | the
inclusion of specific independent educational evaluators, | ||||||
8 | prepare a list of
suggested independent educational | ||||||
9 | evaluators. The State Board of Education
shall include on the | ||||||
10 | list clinical psychologists licensed pursuant to the
Clinical | ||||||
11 | Psychologist Licensing Act. Such psychologists shall not be | ||||||
12 | paid fees
in excess of the amount that would be received by a | ||||||
13 | school psychologist for
performing the same services. The | ||||||
14 | State Board of Education shall supply school
districts with | ||||||
15 | such list and make the list available to parents at their
| ||||||
16 | request. School districts shall make the list available to | ||||||
17 | parents at the time
they are informed of their right to obtain | ||||||
18 | an independent educational
evaluation. However, the school | ||||||
19 | district may initiate an impartial
due process hearing under | ||||||
20 | this Section within 5 days of any written parent
request for an | ||||||
21 | independent educational evaluation to show that
its evaluation | ||||||
22 | is appropriate. If the final decision is that the evaluation
| ||||||
23 | is appropriate, the parent still has a right to an independent | ||||||
24 | educational
evaluation, but not at public expense. An | ||||||
25 | independent educational
evaluation at public expense must be | ||||||
26 | completed within 30 days of a parent
written request unless |
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1 | the school district initiates an
impartial due process hearing | ||||||
2 | or the parent or school district
offers reasonable grounds to | ||||||
3 | show that such 30-day time period should be
extended. If the | ||||||
4 | due process hearing decision indicates that the parent is | ||||||
5 | entitled to an independent educational evaluation, it must be
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6 | completed within 30 days of the decision unless the parent or
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7 | the school district offers reasonable grounds to show that | ||||||
8 | such 30-day
period should be extended. If a parent disagrees | ||||||
9 | with the summary report or
recommendations of the | ||||||
10 | multidisciplinary conference or the findings of any
| ||||||
11 | educational evaluation which results therefrom, the school
| ||||||
12 | district shall not proceed with a placement based upon such | ||||||
13 | evaluation and
the child shall remain in his or her regular | ||||||
14 | classroom setting.
No child shall be eligible for admission to | ||||||
15 | a
special class for children with a mental disability who are | ||||||
16 | educable or for children with a mental disability who are | ||||||
17 | trainable except with a psychological evaluation
and
| ||||||
18 | recommendation by a school psychologist. Consent shall be | ||||||
19 | obtained from
the parent of a child before any evaluation is | ||||||
20 | conducted.
If consent is not given by the parent or if the | ||||||
21 | parent disagrees with the findings of the evaluation, then the | ||||||
22 | school
district may initiate an impartial due process hearing | ||||||
23 | under this Section.
The school district may evaluate the child | ||||||
24 | if that is the decision
resulting from the impartial due | ||||||
25 | process hearing and the decision is not
appealed or if the | ||||||
26 | decision is affirmed on appeal.
The determination of |
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1 | eligibility shall be made and the IEP meeting shall be | ||||||
2 | completed within 60 school days
from the date of written | ||||||
3 | parental consent. In those instances when written parental | ||||||
4 | consent is obtained with fewer than 60 pupil attendance days | ||||||
5 | left in the school year,
the eligibility determination shall | ||||||
6 | be made and the IEP meeting shall be completed prior to the | ||||||
7 | first day of the
following school year. Special education and | ||||||
8 | related services must be provided in accordance with the | ||||||
9 | student's IEP no later than 10 school attendance days after | ||||||
10 | notice is provided to the parents pursuant to Section 300.503 | ||||||
11 | of Title 34 of the Code of Federal Regulations and | ||||||
12 | implementing rules adopted by the State Board of Education. | ||||||
13 | The appropriate
program pursuant to the individualized | ||||||
14 | educational program of students
whose native tongue is a | ||||||
15 | language other than English shall reflect the
special | ||||||
16 | education, cultural and linguistic needs. No later than | ||||||
17 | September
1, 1993, the State Board of Education shall | ||||||
18 | establish standards for the
development, implementation and | ||||||
19 | monitoring of appropriate bilingual special
individualized | ||||||
20 | educational programs. The State Board of Education shall
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21 | further incorporate appropriate monitoring procedures to | ||||||
22 | verify implementation
of these standards. The district shall | ||||||
23 | indicate to the parent, the State Board of Education, and, if | ||||||
24 | applicable, the Department's Office of Education and | ||||||
25 | Transition Services the nature of the services the child will | ||||||
26 | receive
for the regular school term while awaiting placement |
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1 | in the appropriate special
education class. At the child's | ||||||
2 | initial IEP meeting and at each annual review meeting, the | ||||||
3 | child's IEP team shall provide the child's parent or guardian | ||||||
4 | and, if applicable, the Department's Office of Education and | ||||||
5 | Transition Services with a written notification that informs | ||||||
6 | the parent or guardian or the Department's Office of Education | ||||||
7 | and Transition Services that the IEP team is required to | ||||||
8 | consider whether the child requires assistive technology in | ||||||
9 | order to receive free, appropriate public education. The | ||||||
10 | notification must also include a toll-free telephone number | ||||||
11 | and internet address for the State's assistive technology | ||||||
12 | program.
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13 | If the child is deaf, hard of hearing, blind, or visually | ||||||
14 | impaired or has an orthopedic impairment or physical | ||||||
15 | disability and
he or she might be eligible to receive services | ||||||
16 | from the Illinois School for
the Deaf, the Illinois School for | ||||||
17 | the Visually Impaired, or the Illinois Center for | ||||||
18 | Rehabilitation and Education-Roosevelt, the school
district | ||||||
19 | shall notify the parents, in writing, of the existence of
| ||||||
20 | these schools
and the services
they provide and shall make a | ||||||
21 | reasonable effort to inform the parents of the existence of | ||||||
22 | other, local schools that provide similar services and the | ||||||
23 | services that these other schools provide. This notification
| ||||||
24 | shall
include without limitation information on school | ||||||
25 | services, school
admissions criteria, and school contact | ||||||
26 | information.
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1 | In the development of the individualized education program | ||||||
2 | for a student who has a disability on the autism spectrum | ||||||
3 | (which includes autistic disorder, Asperger's disorder, | ||||||
4 | pervasive developmental disorder not otherwise specified, | ||||||
5 | childhood disintegrative disorder, and Rett Syndrome, as | ||||||
6 | defined in the Diagnostic and Statistical Manual of Mental | ||||||
7 | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | ||||||
8 | consider all of the following factors: | ||||||
9 | (1) The verbal and nonverbal communication needs of | ||||||
10 | the child. | ||||||
11 | (2) The need to develop social interaction skills and | ||||||
12 | proficiencies. | ||||||
13 | (3) The needs resulting from the child's unusual | ||||||
14 | responses to sensory experiences. | ||||||
15 | (4) The needs resulting from resistance to | ||||||
16 | environmental change or change in daily routines. | ||||||
17 | (5) The needs resulting from engagement in repetitive | ||||||
18 | activities and stereotyped movements. | ||||||
19 | (6) The need for any positive behavioral | ||||||
20 | interventions, strategies, and supports to address any | ||||||
21 | behavioral difficulties resulting from autism spectrum | ||||||
22 | disorder. | ||||||
23 | (7) Other needs resulting from the child's disability | ||||||
24 | that impact progress in the general curriculum, including | ||||||
25 | social and emotional development. | ||||||
26 | Public Act 95-257
does not create any new entitlement to a |
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1 | service, program, or benefit, but must not affect any | ||||||
2 | entitlement to a service, program, or benefit created by any | ||||||
3 | other law.
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4 | If the student may be eligible to participate in the | ||||||
5 | Home-Based Support
Services Program for Adults with Mental | ||||||
6 | Disabilities authorized under the
Developmental Disability and | ||||||
7 | Mental Disability Services Act upon becoming an
adult, the | ||||||
8 | student's individualized education program shall include plans | ||||||
9 | for
(i) determining the student's eligibility for those | ||||||
10 | home-based services, (ii)
enrolling the student in the program | ||||||
11 | of home-based services, and (iii)
developing a plan for the | ||||||
12 | student's most effective use of the home-based
services after | ||||||
13 | the student becomes an adult and no longer receives special
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14 | educational services under this Article. The plans developed | ||||||
15 | under this
paragraph shall include specific actions to be | ||||||
16 | taken by specified individuals,
agencies, or officials.
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17 | (c) In the development of the individualized education | ||||||
18 | program for a
student who is functionally blind, it shall be | ||||||
19 | presumed that proficiency in
Braille reading and writing is | ||||||
20 | essential for the student's satisfactory
educational progress. | ||||||
21 | For purposes of this subsection, the State Board of
Education | ||||||
22 | shall determine the criteria for a student to be classified as
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23 | functionally blind. Students who are not currently identified | ||||||
24 | as
functionally blind who are also entitled to Braille | ||||||
25 | instruction include:
(i) those whose vision loss is so severe | ||||||
26 | that they are unable to read and
write at a level comparable to |
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1 | their peers solely through the use of
vision, and (ii) those | ||||||
2 | who show evidence of progressive vision loss that
may result | ||||||
3 | in functional blindness. Each student who is functionally | ||||||
4 | blind
shall be entitled to Braille reading and writing | ||||||
5 | instruction that is
sufficient to enable the student to | ||||||
6 | communicate with the same level of
proficiency as other | ||||||
7 | students of comparable ability. Instruction should be
provided | ||||||
8 | to the extent that the student is physically and cognitively | ||||||
9 | able
to use Braille. Braille instruction may be used in | ||||||
10 | combination with other
special education services appropriate | ||||||
11 | to the student's educational needs.
The assessment of each | ||||||
12 | student who is functionally blind for the purpose of
| ||||||
13 | developing the student's individualized education program | ||||||
14 | shall include
documentation of the student's strengths and | ||||||
15 | weaknesses in Braille skills.
Each person assisting in the | ||||||
16 | development of the individualized education
program for a | ||||||
17 | student who is functionally blind shall receive information
| ||||||
18 | describing the benefits of Braille instruction. The | ||||||
19 | individualized
education program for each student who is | ||||||
20 | functionally blind shall
specify the appropriate learning | ||||||
21 | medium or media based on the assessment
report.
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22 | (d) To the maximum extent appropriate, the placement shall | ||||||
23 | provide the
child with the opportunity to be educated with | ||||||
24 | children who do not have a disability; provided that children | ||||||
25 | with
disabilities who are recommended to be
placed into | ||||||
26 | regular education classrooms are provided with supplementary
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1 | services to assist the children with disabilities to benefit
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2 | from the regular
classroom instruction and are included on the | ||||||
3 | teacher's regular education class
register. Subject to the | ||||||
4 | limitation of the preceding sentence, placement in
special | ||||||
5 | classes, separate schools or other removal of the child with a | ||||||
6 | disability
from the regular educational environment shall | ||||||
7 | occur only when the nature of
the severity of the disability is | ||||||
8 | such that education in the
regular classes with
the use of | ||||||
9 | supplementary aids and services cannot be achieved | ||||||
10 | satisfactorily.
The placement of English learners with | ||||||
11 | disabilities shall
be in non-restrictive environments which | ||||||
12 | provide for integration with
peers who do not have | ||||||
13 | disabilities in bilingual classrooms. Annually, each January, | ||||||
14 | school districts shall report data on students from | ||||||
15 | non-English
speaking backgrounds receiving special education | ||||||
16 | and related services in
public and private facilities as | ||||||
17 | prescribed in Section 2-3.30. If there
is a disagreement | ||||||
18 | between parties involved regarding the special education
| ||||||
19 | placement of any child, either in-state or out-of-state, the | ||||||
20 | placement is
subject to impartial due process procedures | ||||||
21 | described in Article 10 of the
Rules and Regulations to Govern | ||||||
22 | the Administration and Operation of Special
Education.
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23 | (e) No child who comes from a home in which a language | ||||||
24 | other than English
is the principal language used may be | ||||||
25 | assigned to any class or program
under this Article until he | ||||||
26 | has been given, in the principal language
used by the child and |
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1 | used in his home, tests reasonably related to his
cultural | ||||||
2 | environment. All testing and evaluation materials and | ||||||
3 | procedures
utilized for evaluation and placement shall not be | ||||||
4 | linguistically, racially or
culturally discriminatory.
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5 | (f) Nothing in this Article shall be construed to require | ||||||
6 | any child to
undergo any physical examination or medical | ||||||
7 | treatment whose parents object thereto on the grounds that | ||||||
8 | such examination or
treatment conflicts with his religious | ||||||
9 | beliefs.
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10 | (g) School boards or their designee shall provide to the | ||||||
11 | parents of a child or, if applicable, the Department of | ||||||
12 | Children and Family Services' Office of Education and | ||||||
13 | Transition Services prior written notice of any decision (a) | ||||||
14 | proposing
to initiate or change, or (b) refusing to initiate | ||||||
15 | or change, the
identification, evaluation, or educational | ||||||
16 | placement of the child or the
provision of a free appropriate | ||||||
17 | public education to their child, and the
reasons therefor. For | ||||||
18 | a parent, such written notification shall also inform the
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19 | parent of the opportunity to present complaints with respect
| ||||||
20 | to any matter relating to the educational placement of the | ||||||
21 | student, or
the provision of a free appropriate public | ||||||
22 | education and to have an
impartial due process hearing on the | ||||||
23 | complaint. The notice shall inform
the parents in the parents' | ||||||
24 | native language,
unless it is clearly not feasible to do so, of | ||||||
25 | their rights and all
procedures available pursuant to this Act | ||||||
26 | and the federal Individuals with Disabilities Education |
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| |||||||
1 | Improvement Act of 2004 (Public Law 108-446); it
shall be the | ||||||
2 | responsibility of the State Superintendent to develop
uniform | ||||||
3 | notices setting forth the procedures available under this Act
| ||||||
4 | and the federal Individuals with Disabilities Education | ||||||
5 | Improvement Act of 2004 (Public Law 108-446) to be used by all | ||||||
6 | school boards. The notice
shall also inform the parents of the | ||||||
7 | availability upon
request of a list of free or low-cost legal | ||||||
8 | and other relevant services
available locally to assist | ||||||
9 | parents in initiating an
impartial due process hearing. The | ||||||
10 | State Superintendent shall revise the uniform notices required | ||||||
11 | by this subsection (g) to reflect current law and procedures | ||||||
12 | at least once every 2 years. Any parent who is deaf or
does not | ||||||
13 | normally communicate using spoken English and who participates | ||||||
14 | in
a meeting with a representative of a local educational | ||||||
15 | agency for the
purposes of developing an individualized | ||||||
16 | educational program or attends a multidisciplinary conference | ||||||
17 | shall be
entitled to the services of an interpreter. The State | ||||||
18 | Board of Education must adopt rules to establish the criteria, | ||||||
19 | standards, and competencies for a bilingual language | ||||||
20 | interpreter who attends an individualized education program | ||||||
21 | meeting under this subsection to assist a parent who has | ||||||
22 | limited English proficiency.
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23 | (g-5) For purposes of this subsection (g-5), "qualified | ||||||
24 | professional" means an individual who holds credentials to | ||||||
25 | evaluate the child in the domain or domains for which an | ||||||
26 | evaluation is sought or an intern working under the direct |
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1 | supervision of a qualified professional, including a master's | ||||||
2 | or doctoral degree candidate. | ||||||
3 | To ensure that a parent can participate fully and | ||||||
4 | effectively with school personnel in the development of | ||||||
5 | appropriate educational and related services for his or her | ||||||
6 | child, the parent, an independent educational evaluator, or a | ||||||
7 | qualified professional retained by or on behalf of a parent or | ||||||
8 | child must be afforded reasonable access to educational | ||||||
9 | facilities, personnel, classrooms, and buildings and to the | ||||||
10 | child as provided in this subsection (g-5). The requirements | ||||||
11 | of this subsection (g-5) apply to any public school facility, | ||||||
12 | building, or program and to any facility, building, or program | ||||||
13 | supported in whole or in part by public funds. Prior to | ||||||
14 | visiting a school, school building, or school facility, the | ||||||
15 | parent, independent educational evaluator, or qualified | ||||||
16 | professional may be required by the school district to inform | ||||||
17 | the building principal or supervisor in writing of the | ||||||
18 | proposed visit, the purpose of the visit, and the approximate | ||||||
19 | duration of the visit. The visitor and the school district | ||||||
20 | shall arrange the visit or visits at times that are mutually | ||||||
21 | agreeable. Visitors shall comply with school safety, security, | ||||||
22 | and visitation policies at all times. School district | ||||||
23 | visitation policies must not conflict with this subsection | ||||||
24 | (g-5). Visitors shall be required to comply with the | ||||||
25 | requirements of applicable privacy laws, including those laws | ||||||
26 | protecting the confidentiality of education records such as |
| |||||||
| |||||||
1 | the federal Family Educational Rights and Privacy Act and the | ||||||
2 | Illinois School Student Records Act. The visitor shall not | ||||||
3 | disrupt the educational process. | ||||||
4 | (1) A parent must be afforded reasonable access of | ||||||
5 | sufficient duration and scope for the purpose of observing | ||||||
6 | his or her child in the child's current educational | ||||||
7 | placement, services, or program or for the purpose of | ||||||
8 | visiting an educational placement or program proposed for | ||||||
9 | the child. | ||||||
10 | (2) An independent educational evaluator or a | ||||||
11 | qualified professional retained by or on behalf of a | ||||||
12 | parent or child must be afforded reasonable access of | ||||||
13 | sufficient duration and scope for the purpose of | ||||||
14 | conducting an evaluation of the child, the child's | ||||||
15 | performance, the child's current educational program, | ||||||
16 | placement, services, or environment, or any educational | ||||||
17 | program, placement, services, or environment proposed for | ||||||
18 | the child, including interviews of educational personnel, | ||||||
19 | child observations, assessments, tests or assessments of | ||||||
20 | the child's educational program, services, or placement or | ||||||
21 | of any proposed educational program, services, or | ||||||
22 | placement. If one or more interviews of school personnel | ||||||
23 | are part of the evaluation, the interviews must be | ||||||
24 | conducted at a mutually agreed upon time, date, and place | ||||||
25 | that do not interfere with the school employee's school | ||||||
26 | duties. The school district may limit interviews to |
| |||||||
| |||||||
1 | personnel having information relevant to the child's | ||||||
2 | current educational services, program, or placement or to | ||||||
3 | a proposed educational service, program, or placement.
| ||||||
4 | (h) In the development of the individualized education | ||||||
5 | program or federal Section 504 plan for a student, if the | ||||||
6 | student needs extra accommodation during emergencies, | ||||||
7 | including natural disasters or an active shooter situation, | ||||||
8 | then that accommodation shall be taken into account when | ||||||
9 | developing the student's individualized education program or | ||||||
10 | federal Section 504 plan. | ||||||
11 | (Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22; | ||||||
12 | 102-264, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
13 | 5-13-22; 102-1072, eff. 6-10-22.)
| ||||||
14 | Section 10. The School Safety Drill Act is amended by | ||||||
15 | changing Section 20 as follows:
| ||||||
16 | (105 ILCS 128/20) | ||||||
17 | Sec. 20. Number of drills; incidents covered; local | ||||||
18 | authority participation.
| ||||||
19 | (a) During each academic year, schools must conduct a | ||||||
20 | minimum of 3 school evacuation drills to address and prepare | ||||||
21 | students and school personnel for fire incidents. These drills | ||||||
22 | must meet all of the following criteria: | ||||||
23 | (1) One of the 3 school evacuation drills shall | ||||||
24 | require the participation of the appropriate local fire |
| |||||||
| |||||||
1 | department or district. | ||||||
2 | (A) Each local fire department or fire district | ||||||
3 | must contact the appropriate school administrator or | ||||||
4 | his or her designee no later than September 1 of each | ||||||
5 | year in order to arrange for the participation of the | ||||||
6 | department or district in the school evacuation drill. | ||||||
7 | (B) Each school administrator or his or her | ||||||
8 | designee must contact the responding local fire | ||||||
9 | official no later than September 15 of each year and | ||||||
10 | propose to the local fire official 4 dates within the | ||||||
11 | month of October, during at least 2 different weeks of | ||||||
12 | October, on which the drill shall occur. The fire | ||||||
13 | official may choose any of the 4 available dates, and | ||||||
14 | if he or she does so, the drill shall occur on that | ||||||
15 | date. | ||||||
16 | (C) The school administrator or his or her | ||||||
17 | designee and the local fire official may also, by | ||||||
18 | mutual agreement, set any other date for the drill, | ||||||
19 | including a date outside of the month of October. | ||||||
20 | (D) If the fire official does not select one of the | ||||||
21 | 4 offered dates in October or set another date by | ||||||
22 | mutual agreement, the requirement that the school | ||||||
23 | include the local fire service in one of its mandatory | ||||||
24 | school evacuation drills shall be waived. Schools, | ||||||
25 | however, shall continue to be strongly encouraged to | ||||||
26 | include the fire service in a school evacuation drill |
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1 | at a mutually agreed-upon time. | ||||||
2 | (E) Upon the participation of the local fire | ||||||
3 | service, the appropriate local fire official shall | ||||||
4 | certify that the school evacuation drill was | ||||||
5 | conducted. | ||||||
6 | (F) When scheduling the school evacuation drill, | ||||||
7 | the school administrator or his or her designee and | ||||||
8 | the local fire department or fire district may, by | ||||||
9 | mutual agreement on or before September 14, choose to | ||||||
10 | waive the provisions of subparagraphs (B), (C), and | ||||||
11 | (D) of this paragraph (1). | ||||||
12 | Additional school evacuation drills for fire incidents | ||||||
13 | may involve the participation of the appropriate local | ||||||
14 | fire department or district. | ||||||
15 | (2) Schools may conduct additional school evacuation | ||||||
16 | drills to account for other evacuation incidents, | ||||||
17 | including without limitation suspicious items or bomb | ||||||
18 | threats. | ||||||
19 | (3) All drills shall be conducted at each school | ||||||
20 | building that houses school children. | ||||||
21 | (b) During each academic year, schools must conduct a | ||||||
22 | minimum of one bus evacuation drill. This drill shall be | ||||||
23 | accounted for in the curriculum in all public schools and in | ||||||
24 | all other educational institutions in this State that are | ||||||
25 | supported or maintained, in whole or in part, by public funds | ||||||
26 | and that provide instruction in any of the grades kindergarten |
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1 | through 12. This curriculum shall include instruction in safe | ||||||
2 | bus riding practices for all students. Schools may conduct | ||||||
3 | additional bus evacuation drills. All drills shall be | ||||||
4 | conducted at each school building that houses school children. | ||||||
5 | (b-5) Notwithstanding the minimum requirements established | ||||||
6 | by this Act, private schools that do not utilize a bus to | ||||||
7 | transport students for any purpose are exempt from subsection | ||||||
8 | (b) of this Section, provided that the chief school | ||||||
9 | administrator of the private school provides written assurance | ||||||
10 | to the State Board of Education that the private school does | ||||||
11 | not plan to utilize a bus to transport students for any purpose | ||||||
12 | during the current academic year. The assurance must be made | ||||||
13 | on a form supplied by the State Board of Education and filed no | ||||||
14 | later than October 15. If a private school utilizes a bus to | ||||||
15 | transport students for any purpose during an academic year | ||||||
16 | when an assurance pursuant to this subsection (b-5) has been | ||||||
17 | filed with the State Board of Education, the private school | ||||||
18 | shall immediately notify the State Board of Education and | ||||||
19 | comply with subsection (b) of this Section no later than 30 | ||||||
20 | calendar days after utilization of the bus to transport | ||||||
21 | students, except that, at the discretion of the private | ||||||
22 | school, students chosen for participation in the bus | ||||||
23 | evacuation drill need include only the subgroup of students | ||||||
24 | that are utilizing bus transportation. | ||||||
25 | (c) During each academic year, schools must conduct a law | ||||||
26 | enforcement lockdown drill to address a school shooting |
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1 | incident. No later than 90 days after the first day of each | ||||||
2 | school year, schools must conduct at least one law enforcement | ||||||
3 | lockdown drill that addresses an active threat or an active | ||||||
4 | shooter within a school building. Such drills must be | ||||||
5 | conducted according to the school district's or private | ||||||
6 | school's emergency and crisis response plans, protocols, and | ||||||
7 | procedures to evaluate the preparedness of school personnel | ||||||
8 | and students. Law enforcement lockdown drills must be | ||||||
9 | conducted on days and times when students are normally present | ||||||
10 | in the school building and must involve participation from all | ||||||
11 | school personnel and students present at school at the time of | ||||||
12 | the lockdown drill, except that administrators or school | ||||||
13 | support personnel in their discretion may exempt students from | ||||||
14 | the lockdown drill. The appropriate local law enforcement | ||||||
15 | agency shall observe the administration of the lockdown drill. | ||||||
16 | All drills must be conducted at each school building that | ||||||
17 | houses school children. | ||||||
18 | (1) A law enforcement lockdown drill must meet all of | ||||||
19 | the following criteria: | ||||||
20 | (A) During each calendar year, the appropriate | ||||||
21 | local law enforcement agency shall contact the | ||||||
22 | appropriate school administrator to request to | ||||||
23 | participate in a law enforcement lockdown drill. The | ||||||
24 | school administrator and local law enforcement agency | ||||||
25 | shall set, by mutual agreement, a date for the | ||||||
26 | lockdown drill. |
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1 | (A-5) The lockdown drill shall require the on-site | ||||||
2 | participation of the local law enforcement agency. If | ||||||
3 | a mutually agreeable date cannot be reached between | ||||||
4 | the school administrator and the appropriate local law | ||||||
5 | enforcement agency, then the school shall still hold | ||||||
6 | the lockdown drill without participation from the | ||||||
7 | agency. | ||||||
8 | (B) Upon the participation of a local law | ||||||
9 | enforcement agency in a law enforcement lockdown | ||||||
10 | drill, the appropriate local law enforcement official | ||||||
11 | shall certify that the law enforcement lockdown drill | ||||||
12 | was conducted and notify the school in a timely manner | ||||||
13 | of any deficiencies noted during the drill. | ||||||
14 | (C) The lockdown drill must not include | ||||||
15 | simulations that mimic an actual school shooting | ||||||
16 | incident or active shooter event. | ||||||
17 | (D) All lockdown drills must be announced in | ||||||
18 | advance to all school personnel and students prior to | ||||||
19 | the commencement of the drill. | ||||||
20 | (E) Lockdown drill content must be age appropriate | ||||||
21 | and developmentally appropriate. | ||||||
22 | (F) Lockdown drills must include and involve | ||||||
23 | school personnel, including school-based mental health | ||||||
24 | professionals. | ||||||
25 | (G) Lockdown drills must include trauma-informed | ||||||
26 | approaches to address the concerns and well-being of |
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1 | students and school personnel. | ||||||
2 | (2) Schools may conduct additional law enforcement | ||||||
3 | drills at their discretion. | ||||||
4 | (3) (Blank). | ||||||
5 | (4) School administrators and school support personnel | ||||||
6 | may, in their discretion, exempt a student or students | ||||||
7 | from participating in a walk-through lockdown drill. When | ||||||
8 | deciding whether to exempt a student from participating in | ||||||
9 | a walk-through lockdown drill, the administrator and | ||||||
10 | school support personnel shall include the student's | ||||||
11 | individualized education program team or federal Section | ||||||
12 | 504 plan team in the decision to exempt the student from | ||||||
13 | participating. | ||||||
14 | (5) Schools must provide sufficient information and | ||||||
15 | notification to parents and guardians in advance of any | ||||||
16 | walk-through lockdown drill that involves the | ||||||
17 | participation of students. Schools must also provide to | ||||||
18 | parents and guardians an opportunity to exempt their child | ||||||
19 | for any reason from participating in the walk-through | ||||||
20 | lockdown drill. | ||||||
21 | (6) Schools must provide alternative safety education | ||||||
22 | and instruction related to an active threat or active | ||||||
23 | shooter event to students who do not participate in a
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24 | walk-through lockdown drill to provide them with essential | ||||||
25 | information, training, and instruction through less | ||||||
26 | sensorial safety training methods. |
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1 | (7) During the drill, students must be allowed to ask | ||||||
2 | questions related to the drill. | ||||||
3 | (8) Law enforcement may choose to run an active | ||||||
4 | shooter simulation, including simulated gun fire drills, | ||||||
5 | but only on school days when students are not present. | ||||||
6 | Parental notification is not required for drills conducted | ||||||
7 | pursuant to this paragraph (8) if students are not | ||||||
8 | required to be present. | ||||||
9 | (d) During each academic year, schools must conduct a | ||||||
10 | minimum of one severe weather and shelter-in-place drill to | ||||||
11 | address and prepare students and school personnel for possible | ||||||
12 | tornado incidents and may conduct additional severe weather | ||||||
13 | and shelter-in-place drills to account for other incidents, | ||||||
14 | including without limitation earthquakes or hazardous | ||||||
15 | materials. All drills shall be conducted at each school | ||||||
16 | building that houses school children.
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17 | (Source: P.A. 102-395, eff. 8-16-21.)
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