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SB566 Engrossed LRB093 10775 NHT 11188 b AN ACT concerning education.
SB566 Enrolled LRB093 10775 NHT 11188 b AN ACT concerning education.
For purposes of determining the eligibility of children from homes in which a language other than English is used, the State Board of Education, no later than September 1, 1993, shall include in the rules definitions for SB566 Engrossed -2- LRB093 10775 NHT 11188 b "qualified bilingual specialists" and "linguistically and culturally appropriate individualized educational programs".
For purposes of determining the eligibility of children from homes in which a language other than English is used, the State Board of Education, no later than September 1, 1993, shall include in the rules definitions for SB566 Enrolled -2- LRB093 10775 NHT 11188 b "qualified bilingual specialists" and "linguistically and culturally appropriate individualized educational programs".
However, the school district may initiate an impartial due process hearing under this Section within 5 days of any written parent or SB566 Engrossed -3- LRB093 10775 NHT 11188 b guardian request for an independent educational evaluation to show that its evaluation is appropriate.
However, the school district may initiate an impartial due process hearing under this Section within 5 days of any written parent or SB566 Enrolled -3- LRB093 10775 NHT 11188 b guardian request for an independent educational evaluation to show that its evaluation is appropriate.
The determination of eligibility shall SB566 Engrossed -4- LRB093 10775 NHT 11188 b be made within 60 school days from the date of referral by school authorities for evaluation by the district or date of application for admittance by the parent or guardian of the child.
The determination of eligibility shall SB566 Enrolled -4- LRB093 10775 NHT 11188 b be made within 60 school days from the date of referral by school authorities for evaluation by the district or date of application for admittance by the parent or guardian of the child.
_f_____________________h______________________,_____________ _____r_____________________g______________________e_____________ _____t_____________________o______________________i_____________ _____t_____________________d_______________________s____________ _____a_____________________n______________________e_____________ _______s___________________,______________________t_____________ _____a_____________________e______________________e_____________ ______f_____________________T_____________________h_____________ _____u_____________________m______________________v_____________ SB566 Engrossed -5- LRB093 10775 NHT 11188 b _____s_____________________c______________________i____ If the student may be eligible to participate in the Home-Based Support Services Program for Mentally Disabled Adults authorized under the Developmental Disability and Mental Disability Services Act upon becoming an adult, the student's individualized education program shall include plans for (i) determining the student's eligibility for those home-based services, (ii) enrolling the student in the program of home-based services, and (iii) developing a plan for the student's most effective use of the home-based services after the student becomes an adult and no longer receives special educational services under this Article.
_f_____________________h______________________,_____________ _____r_____________________g______________________e_____________ _____t_____________________o______________________i_____________ _____t_____________________d_______________________s____________ _____a_____________________n______________________e_____________ ________s__________________e______________________o_____________ _____i______________________w_____________________f_____________ _____l______________________a_______________________a___________ _____c_______________ SB566 Enrolled -5- LRB093 10775 NHT 11188 b If the student may be eligible to participate in the Home-Based Support Services Program for Mentally Disabled Adults authorized under the Developmental Disability and Mental Disability Services Act upon becoming an adult, the student's individualized education program shall include plans for (i) determining the student's eligibility for those home-based services, (ii) enrolling the student in the program of home-based services, and (iii) developing a plan for the student's most effective use of the home-based services after the student becomes an adult and no longer receives special educational services under this Article.
Braille SB566 Engrossed -6- LRB093 10775 NHT 11188 b instruction may be used in combination with other special education services appropriate to the student's educational needs.
Braille instruction may be used in combination with other special SB566 Enrolled -6- LRB093 10775 NHT 11188 b education services appropriate to the student's educational needs.
By January 1993 and annually thereafter, school districts shall report data on students from non-English speaking backgrounds receiving special education and related services in public and private SB566 Engrossed -7- LRB093 10775 NHT 11188 b facilities as prescribed in Section 2-3.30.
By January 1993 and annually thereafter, school districts shall report data on students from non-English speaking backgrounds receiving special education and related services in public and private facilities as prescribed in Section 2-3.30.
If there is a disagreement between parties involved regarding the special education placement of any child, either in-state or out-of-state, the placement is subject to impartial due process procedures described in Article 10 of the Rules and Regulations to Govern the Administration and Operation of Special Education.
If there is a SB566 Enrolled -7- LRB093 10775 NHT 11188 b disagreement between parties involved regarding the special education placement of any child, either in-state or out-of-state, the placement is subject to impartial due process procedures described in Article 10 of the Rules and Regulations to Govern the Administration and Operation of Special Education.
The notice shall inform the parents or guardian in the parents' or guardian's native language, unless it is clearly not feasible to do so, of SB566 Engrossed -8- LRB093 10775 NHT 11188 b their rights and all procedures available pursuant to this Act and federal law 94-142;
The notice shall inform the parents or guardian in the parents' or guardian's native language, unless it is clearly not feasible to do so, of their rights and all procedures available pursuant to this SB566 Enrolled -8- LRB093 10775 NHT 11188 b Act and federal law 94-142;
In addition, no more than 2 of the 5 prospective hearing officers shall be gainfully employed by or administratively connected with private providers of special education SB566 Engrossed -9- LRB093 10775 NHT 11188 b services.
In addition, no more than 2 of the 5 prospective hearing officers shall be gainfully employed by or administratively connected with private providers of special education services.
The State Board of Education shall actively recruit applicants for hearing officer positions.
The State Board of Education shall actively SB566 Enrolled -9- LRB093 10775 NHT 11188 b recruit applicants for hearing officer positions.
The school district shall present evidence that the special education needs of the child have been SB566 Engrossed -10- LRB093 10775 NHT 11188 b appropriately identified and that the special education program and related services proposed to meet the needs of the child are adequate, appropriate and available.
The school district shall present evidence that the special education needs of the child have been appropriately identified and that the special education SB566 Enrolled -10- LRB093 10775 NHT 11188 b program and related services proposed to meet the needs of the child are adequate, appropriate and available.
The hearing officer may continue the hearing in order to obtain additional information, and, at the conclusion of the hearing, shall issue a decision based on the record which specifies the special education and related SB566 Engrossed -11- LRB093 10775 NHT 11188 b services which shall be provided to the child in accordance with the child's needs.
The hearing officer may continue the hearing in order to obtain additional information, and, at the conclusion of the hearing, shall issue a decision based on the record which specifies the special education and related services which shall be provided to the child in accordance SB566 Enrolled -11- LRB093 10775 NHT 11188 b with the child's needs.
The parties to the appeal shall be afforded the opportunity to present oral argument and additional evidence SB566 Engrossed -12- LRB093 10775 NHT 11188 b at the review.
The parties to the appeal shall be afforded the opportunity to present oral argument and additional evidence at the review.
Upon completion of the review the reviewing officer shall render a decision and shall provide a copy of the decision to all parties.
Upon completion of the review the reviewing SB566 Enrolled -12- LRB093 10775 NHT 11188 b officer shall render a decision and shall provide a copy of the decision to all parties.
In any instance where a school district SB566 Engrossed -13- LRB093 10775 NHT 11188 b willfully disregards applicable regulations or statutes regarding a child covered by this Article, and which disregard has been detrimental to the child, the school district shall be liable for any reasonable attorney's fees incurred by the parent or guardian in connection with proceedings under this Section.
In any instance where a school district willfully disregards applicable regulations or statutes SB566 Enrolled -13- LRB093 10775 NHT 11188 b regarding a child covered by this Article, and which disregard has been detrimental to the child, the school district shall be liable for any reasonable attorney's fees incurred by the parent or guardian in connection with proceedings under this Section.
The State Board of Education shall promulgate rules and regulations establishing qualifications of such persons and their responsibilities and SB566 Engrossed -14- LRB093 10775 NHT 11188 b the procedures to be followed in making such assignments.
The State Board of Education shall promulgate rules and regulations establishing qualifications of such persons and their responsibilities and the procedures to be followed in making such assignments.
Such surrogate parents shall not be employees of the school district, an agency created by joint agreement under Section 10-22.31, an agency involved in the education or care of the student, or the State Board of Education.
SB566 Enrolled -14- LRB093 10775 NHT 11188 b Such surrogate parents shall not be employees of the school district, an agency created by joint agreement under Section 10-22.31, an agency involved in the education or care of the student, or the State Board of Education.
The State Mandates Act is amended by adding SB566 Engrossed -15- LRB093 10775 NHT 11188 b Section 8.27 as follows:
The State Mandates Act is amended by adding Section 8.27 as follows:
(30 ILCS 805/8.27 new) _e_____________________a________________________S___________ _____8_____________________m______________________e_____________ _____t_____________________o______________________t_____________ _____a______________________G_________________ Section 99.
SB566 Enrolled -15- LRB093 10775 NHT 11188 b (30 ILCS 805/8.27 new) _e_____________________a______________________n_____________ ______o____________________b_______________________i____________ _____t_____________________o______________________t_____________ _____a______________________G_________________ Section 99.
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