Illinois 95th Regular Session Status: Enacted 1 D cosponsors

SB 79 — SCH CD-SPECIAL ED-AUTISM

Last action — Public Act . . . . . . . . . 95-0257

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2007. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    0 primary, 22 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Children with Disabilities Article of the School Code. Provides that, in the development of the individualized education program for a student who has a disability on the autism spectrum, the IEP team shall consider and shall specifically address certain factors. Provides that consideration of these factors shall result in the clarification of a school district's responsibility to deliver appropriate educational services for children with disabilities on the autism spectrum, but shall not be construed to require or mandate any specific services. Effective January 1, 2008.

Bill Text

What changed in the latest version

19 added · 19 removed

Plain-language change summary

The recent amendment to SB 79 added a comprehensive list of factors that the Individualized Education Program (IEP) team must consider when developing plans for children with autism spectrum disorder. These factors include communication needs, social skills development, responses to sensory experiences, and behavioral support strategies. This change is important because it ensures that the educational approach is tailored to meet the diverse needs of each child, supporting their overall progress in school and beyond without mandating specific services.

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SB0079 Engrossed LRB095 04474 NHT 24521 b AN ACT concerning education.
SB0079 Enrolled LRB095 04474 NHT 24521 b AN ACT concerning education.
For purposes of determining the eligibility of children the State Board of Education shall include in the SB0079 Engrossed - 2 - LRB095 04474 NHT 24521 b rules definitions of "case study", "staff conference", "individualized educational program", and "qualified specialist" appropriate to each category of children with disabilities as defined in this Article.
For purposes of determining the eligibility of children the State Board of Education shall include in the SB0079 Enrolled - 2 - LRB095 04474 NHT 24521 b rules definitions of "case study", "staff conference", "individualized educational program", and "qualified specialist" appropriate to each category of children with disabilities as defined in this Article.
The State Board of Education shall, SB0079 Engrossed - 3 - LRB095 04474 NHT 24521 b with advice from the State Advisory Council on Education of Children with Disabilities on the inclusion of specific independent educational evaluators, prepare a list of suggested independent educational evaluators.
The State Board of Education shall, SB0079 Enrolled - 3 - LRB095 04474 NHT 24521 b with advice from the State Advisory Council on Education of Children with Disabilities on the inclusion of specific independent educational evaluators, prepare a list of suggested independent educational evaluators.
If the due process hearing decision SB0079 Engrossed - 4 - LRB095 04474 NHT 24521 b indicates that the parent or guardian is entitled to an independent educational evaluation, it must be completed within 30 days of the decision unless the parent or guardian or the school district offers reasonable grounds to show that such 30 day period should be extended.
If the due process hearing decision SB0079 Enrolled - 4 - LRB095 04474 NHT 24521 b indicates that the parent or guardian is entitled to an independent educational evaluation, it must be completed within 30 days of the decision unless the parent or guardian or the school district offers reasonable grounds to show that such 30 day period should be extended.
In those instances when students are SB0079 Engrossed - 5 - LRB095 04474 NHT 24521 b referred for evaluation with fewer than 60 pupil attendance days left in the school year, the eligibility determination shall be made prior to the first day of the following school year.
In those instances when students are SB0079 Enrolled - 5 - LRB095 04474 NHT 24521 b referred for evaluation with fewer than 60 pupil attendance days left in the school year, the eligibility determination shall be made prior to the first day of the following school year.
If the child is deaf, hard of hearing, blind, or visually impaired and he or she might be eligible to receive services from the Illinois School for the Deaf or the Illinois School for the Visually Impaired, the school district shall notify the parents or guardian, in writing, of the existence of these SB0079 Engrossed - 6 - LRB095 04474 NHT 24521 b schools and the services they provide and shall make a reasonable effort to inform the parents or guardian of the existence of other, local schools that provide similar services and the services that these other schools provide.
If the child is deaf, hard of hearing, blind, or visually impaired and he or she might be eligible to receive services from the Illinois School for the Deaf or the Illinois School for the Visually Impaired, the school district shall notify the parents or guardian, in writing, of the existence of these SB0079 Enrolled - 6 - LRB095 04474 NHT 24521 b schools and the services they provide and shall make a reasonable effort to inform the parents or guardian of the existence of other, local schools that provide similar services and the services that these other schools provide.
(6) The need for any positive behavioral SB0079 Engrossed - 7 - LRB095 04474 NHT 24521 b interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder.
(6) The need for any positive behavioral SB0079 Enrolled - 7 - LRB095 04474 NHT 24521 b interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder.
(c) In the development of the individualized education program for a student who is functionally blind, it shall be presumed that proficiency in Braille reading and writing is SB0079 Engrossed - 8 - LRB095 04474 NHT 24521 b essential for the student’s satisfactory educational progress.
(c) In the development of the individualized education program for a student who is functionally blind, it shall be presumed that proficiency in Braille reading and writing is SB0079 Enrolled - 8 - LRB095 04474 NHT 24521 b essential for the student’s satisfactory educational progress.
The individualized education program for each student who is functionally blind shall specify the appropriate SB0079 Engrossed - 9 - LRB095 04474 NHT 24521 b learning medium or media based on the assessment report.
The individualized education program for each student who is functionally blind shall specify the appropriate SB0079 Enrolled - 9 - LRB095 04474 NHT 24521 b learning medium or media based on the assessment report.
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 SB0079 Engrossed - 10 - LRB095 04474 NHT 24521 b to Govern the Administration and Operation of Special Education.
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 SB0079 Enrolled - 10 - LRB095 04474 NHT 24521 b to Govern the Administration and Operation of Special Education.
Such written notification shall also inform the parent or guardian of the opportunity to present complaints with respect to any matter relating to the educational placement of the student, or the provision of a free appropriate public education and to have an impartial due SB0079 Engrossed - 11 - LRB095 04474 NHT 24521 b process hearing on the complaint.
Such written notification shall also inform the parent or guardian of the opportunity to present complaints with respect to any matter relating to the educational placement of the student, or the provision of a free appropriate public education and to have an impartial due SB0079 Enrolled - 11 - LRB095 04474 NHT 24521 b process hearing on the complaint.
Within 5 days after receiving this request of hearing, the State Board of Education shall provide a list of 5 prospective, impartial hearing SB0079 Engrossed - 12 - LRB095 04474 NHT 24521 b officers.
Within 5 days after receiving this request of hearing, the State Board of Education shall provide a list of 5 prospective, impartial hearing SB0079 Enrolled - 12 - LRB095 04474 NHT 24521 b officers.
All impartial hearing officers shall be adequately SB0079 Engrossed - 13 - LRB095 04474 NHT 24521 b trained in federal and state law, rules and regulations and case law regarding special education.
All impartial hearing officers shall be adequately SB0079 Enrolled - 13 - LRB095 04474 NHT 24521 b trained in federal and state law, rules and regulations and case law regarding special education.
(c) SB0079 Engrossed - 14 - LRB095 04474 NHT 24521 b prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 days before the hearing;
(c) SB0079 Enrolled - 14 - LRB095 04474 NHT 24521 b prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 days before the hearing;
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 with the child’s SB0079 Engrossed - 15 - LRB095 04474 NHT 24521 b 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 with the child’s SB0079 Enrolled - 15 - LRB095 04474 NHT 24521 b needs.
The parents or guardian shall have SB0079 Engrossed - 16 - LRB095 04474 NHT 24521 b the right to proceed first with the striking.
The parents or guardian shall have SB0079 Enrolled - 16 - LRB095 04474 NHT 24521 b the right to proceed first with the striking.
(k) Any party aggrieved by the decision of the reviewing officer, including the parent or guardian, shall have the right to bring a civil action with respect to the complaint presented pursuant to this Section, which action may be brought in any SB0079 Engrossed - 17 - LRB095 04474 NHT 24521 b circuit court of competent jurisdiction within 120 days after a copy of the decision is mailed to the party as provided in subsection (j).
(k) Any party aggrieved by the decision of the reviewing officer, including the parent or guardian, shall have the right to bring a civil action with respect to the complaint presented pursuant to this Section, which action may be brought in any SB0079 Enrolled - 17 - LRB095 04474 NHT 24521 b circuit court of competent jurisdiction within 120 days after a copy of the decision is mailed to the party as provided in subsection (j).
The costs for any special education and related SB0079 Engrossed - 18 - LRB095 04474 NHT 24521 b services or placement incurred following 60 school days after the initial request for evaluation shall be borne by the school district if such services or placement are in accordance with the final determination as to the special education and related services or placement which must be provided to the child, provided however that in said 60 day period there have been no delays caused by the child’s parent or guardian.
The costs for any special education and related SB0079 Enrolled - 18 - LRB095 04474 NHT 24521 b services or placement incurred following 60 school days after the initial request for evaluation shall be borne by the school district if such services or placement are in accordance with the final determination as to the special education and related services or placement which must be provided to the child, provided however that in said 60 day period there have been no delays caused by the child’s parent or guardian.
Services of any person assigned as SB0079 Engrossed - 19 - LRB095 04474 NHT 24521 b surrogate parent shall terminate if the parent or guardian becomes available unless otherwise requested by the parents or guardian.
Services of any person assigned as SB0079 Enrolled - 19 - LRB095 04474 NHT 24521 b surrogate parent shall terminate if the parent or guardian becomes available unless otherwise requested by the parents or guardian.
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Action History

  1. Public Act . . . . . . . . . 95-0257

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 115-000-000

  7. Added Alternate Co-Sponsor Rep. Donald L. Moffitt

  8. Added Alternate Co-Sponsor Rep. Keith P. Sommer

  9. Added Alternate Co-Sponsor Rep. Carolyn H. Krause

  10. Added Alternate Co-Sponsor Rep. Bob Biggins

  11. Added Alternate Co-Sponsor Rep. Ed Sullivan, Jr.

  12. Added Alternate Co-Sponsor Rep. William B. Black

  13. Added Alternate Co-Sponsor Rep. Michael P. McAuliffe

  14. Added Alternate Co-Sponsor Rep. Joe Dunn

  15. Added Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.

  16. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  17. Added Alternate Co-Sponsor Rep. Jack D. Franks

  18. Added Alternate Co-Sponsor Rep. James H. Meyer

  19. Added Alternate Co-Sponsor Rep. Mike Fortner

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. Second Reading - Short Debate

  22. Added Alternate Co-Sponsor Rep. Esther Golar

  23. Added Alternate Co-Sponsor Rep. Renée Kosel

  24. Added Alternate Co-Sponsor Rep. Lisa M. Dugan

  25. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  26. Added Alternate Chief Co-Sponsor Rep. Suzanne Bassi

  27. Alternate Co-Sponsor Removed Rep. Michael K. Smith

  28. Added Alternate Chief Co-Sponsor Rep. Michael K. Smith

  29. Placed on Calendar 2nd Reading - Short Debate

  30. Do Pass / Short Debate Elementary & Secondary Education Committee; 021-000-000

  31. Added Alternate Co-Sponsor Rep. Michael K. Smith

  32. Assigned to Elementary & Secondary Education Committee

  33. Added Alternate Co-Sponsor Rep. Fred Crespo

  34. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  35. Added Alternate Co-Sponsor Rep. Sandy Cole

  36. Added Alternate Co-Sponsor Rep. Kurt M. Granberg

  37. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  38. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  39. Alternate Chief Sponsor Changed to Rep. Patricia R. Bellock

  40. Referred to Rules Committee

  41. First Reading

  42. Chief House Sponsor Rep. Paul D. Froehlich

  43. Placed on Calendar Order of First Reading

  44. Arrived in House

  45. Third Reading - Passed; 057-000-000

  46. Added as Co-Sponsor Sen. A. J. Wilhelmi

  47. Added as Co-Sponsor Sen. Pamela J. Althoff

  48. Added as Co-Sponsor Sen. Don Harmon

  49. Placed on Calendar Order of 3rd Reading March 14, 2007

  50. Second Reading

  51. Placed on Calendar Order of 2nd Reading March 13, 2007

  52. Do Pass as Amended Education; 011-000-000

  53. Senate Committee Amendment No. 1 Adopted

  54. Added as Co-Sponsor Sen. Dan Cronin

  55. Senate Committee Amendment No. 1 Rules Refers to Education

  56. Added as Co-Sponsor Sen. John J. Millner

  57. Senate Committee Amendment No. 1 Referred to Rules

  58. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Susan Garrett

  59. Held in Education

  60. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  61. Added as Co-Sponsor Sen. Dan Kotowski

  62. Added as Chief Co-Sponsor Sen. Ira I. Silverstein

  63. Postponed - Education

  64. Added as Chief Co-Sponsor Sen. Kirk W. Dillard

  65. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  66. Added as Co-Sponsor Sen. John J. Cullerton

  67. Assigned to Education

  68. Referred to Rules

  69. First Reading

  70. Filed with Secretary by Sen. Susan Garrett

Sponsors

  • Susan Garrett · Cosponsor
  • Kurt M. Granberg · Cosponsor
  • Sandy Cole · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Fred Crespo · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Lisa M. Dugan · Cosponsor
  • Renée Kosel · Cosponsor
  • Esther Golar · Cosponsor
  • Mike Fortner · Cosponsor
  • James H. Meyer · Cosponsor
  • Jack D. Franks · Cosponsor
  • Jr. Harry R. Ramey · Cosponsor
  • Joe Dunn · Cosponsor
  • Michael P. McAuliffe · Cosponsor
  • William B. Black · Cosponsor
  • Jr. Ed Sullivan · Cosponsor
  • Bob Biggins · Cosponsor
  • Carolyn H. Krause · Cosponsor
  • Keith P. Sommer · Cosponsor
  • Donald L. Moffitt · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 22 co-sponsors · 161 not signed on

Sponsors (0)

None.

Co-sponsors (22)

  • Susan Garrett
  • Kurt M. Granberg
  • Sandy Cole
  • Naomi D. Jakobsson
  • Fred Crespo Democrat
  • Sandra M. Pihos
  • Lisa M. Dugan
  • Renée Kosel
  • Esther Golar
  • Mike Fortner
  • James H. Meyer
  • Jack D. Franks
  • Harry R. Ramey, Jr.
  • Joe Dunn
  • Michael P. McAuliffe
  • William B. Black
  • Ed Sullivan, Jr.
  • Bob Biggins
  • Carolyn H. Krause
  • Keith P. Sommer
  • Donald L. Moffitt
  • Chapa LaVia

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Democrat 9000
Republican 4000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferies — Not Voting
Jefferson — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Ramey — Yea
Reitz — Yea
Schock — Yea
Scully — Yea
Lyons — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Burke — Yea
Sullivan — Yea
Madigan — Yea
Moffitt — Yea
Hannig — Yea
Molaro — Yea
Harris — Yea
Mulligan — Yea
Munson — Yea
Hernandez — Yea
Nekritz — Yea
Patterson — Not Voting
Phelps — Yea
Pihos — Yea
Watson — Yea
Howard — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Davis, Monique — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Not Voting
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Sieben — Yea
Brady — Yea
Clayborne — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Sullivan — Yea
Munoz — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Pankau — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hultgren — Yea
Kotowski — Yea
Peterson — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Ronen — Not Voting
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 79 do?
Amends the Children with Disabilities Article of the School Code. Provides that, in the development of the individualized education program for a student who has a disability on the autism spectrum, the IEP team shall consider and shall specifically address certain factors. Provides that consideration of these factors shall result in the clarification of a school district's responsibility to deliver appropriate educational services for children with disabilities on the autism spectrum, but shall not be construed to require or mandate any specific services. Effective January 1, 2008.
Who sponsors SB 79?
SB 79 is sponsored by Susan Garrett, Kurt M. Granberg, Sandy Cole, Naomi D. Jakobsson, Fred Crespo (Democrat), Sandra M. Pihos, Lisa M. Dugan, Renée Kosel, Esther Golar, Mike Fortner, James H. Meyer, Jack D. Franks, Harry R. Ramey, Jr., Joe Dunn, Michael P. McAuliffe, William B. Black, Ed Sullivan, Jr., Bob Biggins, Carolyn H. Krause, Keith P. Sommer, Donald L. Moffitt, and Chapa LaVia.
What is the current status of SB 79?
This bill has been enacted into law. Introduced January 31, 2007. Enacted.
Where can I track SB 79?
Track SB 79 free on One Click Politics — get push/email alerts when it moves.

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