SB0079 EngrossedEnrolled 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 12 - LRB095 04474 NHT 24521 b officers.
All impartial hearing officers shall be adequately SB0079 EngrossedEnrolled - 13 - LRB095 04474 NHT 24521 b trained in federal and state law, rules and regulations and case law regarding special education.
(c) SB0079 EngrossedEnrolled - 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 EngrossedEnrolled - 15 - LRB095 04474 NHT 24521 b needs.
The parents or guardian shall have SB0079 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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 EngrossedEnrolled - 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.