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Legislative Report June 13, 2024
Prepared by: Arabed Hernandez
Bill Information
SCH CD-SCHOOL REPORT CARD
(REP. TERRA COSTA HOWARD; SEN. SUZANNE HILTON)

Amends the School Code. Requires school report cards prepared by the State Superintendent of Education to include the percentage of students with disabilities who have fulfilled the minimum State graduation requirements and have been issued a regular high school diploma and the percentage of students with disabilities who have fulfilled the minimum State graduation requirements but have not completed their individualized education program and are enrolled and receiving individualized education program services.

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Reinserts the contents of the introduced bill with the following changes. Removes provisions requiring the student outcome data on a school report card to include the percentage of students with disabilities who have fulfilled the minimum State graduation requirements but have not completed their individualized education program and are enrolled and receiving individualized education program services. Provides that for any school report card prepared after July 1, 2025, for all high school graduation completion rates that are reported on the school report card, the State Superintendent of Education shall also report the percentage of students who did not meet the requirements of high school graduation completion for any reason and, of those students, the percentage that are classified as students who fulfill the requirements of the participation in graduation provisions of the Children with Disabilities Article of the School Code. Requires the State Superintendent to ensure that for the 2023-2024 school year there is a specific code for districts to report students who fulfill the requirements of those provisions. Provides that these reporting requirements shall be included on the school report card where high school graduation completion rates are reported, along with a brief explanation. Adds an immediate effective date.

  CURRENT STATUS

6/30/2023 - Public Act . . . . . . . . . 103-0116

SCH CD-SPECIAL ED FACILITIES
(REP. KATIE STUART)

Amends the School Code. In provisions of the Children with Disabilities Article concerning a child who attends a non-public school or special education facility, a public out-of-state school, or a special education facility owned and operated by a county government unit, provides that the Illinois Purchased Care Review Board shall allow a nonprofit entity to use the same profit margin calculation that the Board allows in the for-profit tuition and room and board calculations and may not make any distinction in reimbursement level for nonpublic special education facilities based upon their federal income tax filing classification. In provisions of the Chicago School District Article concerning criminal history records checks, provides that a nonpublic special education facility with multiple campuses within this State and providing services under the Children with Disabilities Article shall maintain a separate, current record at a central administrative location, for inspection by representatives of the school district and the State Board of Education, for each staff member, whether employed full-time or part-time, who provides direct services or who is directly involved in the development and implementation of instructional services. Requires a nonpublic special education facility to send a monthly employee roster file electronically to the school district and the State Board of Education that details whether the facility's employees have completed and passed the criminal history records check process. Effective immediately.

  CURRENT STATUS

3/27/2023 - Rule 19(a) / Re-referred to Rules Committee

SCH-EDUCATION PRIORITIZATION
(REP. CAMILLE LILLY)

Creates the Education Prioritization Act. Beginning with fiscal year 2024, requires the General Assembly to appropriate for the evidence-based funding formula under the School Code an amount that is equal to or exceeds the sum of: (i) the total amount appropriated for the evidence-based funding formula during the fiscal year immediately preceding the fiscal year for which the appropriation is being made; and (ii) 51% of total new general funds available for spending from estimated growth in revenues and funds available because of budgeted program growth and decline in the fiscal year for which the appropriation is being made; but in no event shall the sum be less than a certain percentage required under the Act. Requires a continuing appropriation if the General Assembly fails to make sufficient appropriations to fund the evidence-based funding formula. Amends the School Code to make changes concerning a system for accounting for revenues and expenditures and evidence-based funding. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

  CURRENT STATUS

2/15/2023 - Referred to House Rules

SCH CD-IEP-VOTER REGISTRATION
(REP. ABDELNASSER RASHID; SEN. RAM VILLIVALAM)

Senate Committee Amendment No. 3 - Replaces everything after the enacting clause. Amends the School Code. Provides that, subject to appropriation and additional requirements, each school board shall provide religious dietary food options as part of the school lunch program. Provides further requirements concerning the provision of religious dietary food in public schools. Amends the University of Illinois Hospital Act and the Facilities Article of the Unified Code of Corrections. Makes substantially similar changes as to religious dietary food options. Amends the Halal Food Act. Defines "State-owned or State-operated facility". Provides that any halal food product offered by a State-owned or State-operated facility shall be certified as halal by a State-approved organization or purchased from a State-approved halal-certified vendor. Provides that any person, organization, or vendor falsely representing a food product it provides as halal or falsely representing itself as a halal-certified vendor shall be subject to penalties under the Act. Provides that the amendatory provisions shall not infringe upon or affect any obligation in a contract entered into and in effect on or before the amendatory Act's effective date. Amends the Kosher Food Act. Makes substantially similar changes as to kosher food options at State facilities. Defines "kosher". Provides that a violation of the provisions concerning State facility kosher food services is a Class C misdemeanor for a first offense and a Class A misdemeanor for the second and each subsequent offense. Effective June 1, 2024.

  CURRENT STATUS

11/8/2023 - Total Veto Stands - No Positive Action Taken

SCH CD-IEP ROLL OVER
(REP. HARRY BENTON)

Amends the Children With Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student, if during the initial development of the individualized education program is recognized that the student's needs are unlikely to change, the individualized education program shall continue without the need for the student's IEP team to meet until either the student or the parent requests a change in the student's individualized education program.

  CURRENT STATUS

3/10/2023 - Rule 19(a) / Re-referred to Rules Committee

SCH CD-EQUITY FOR AUTISTIC STU
(REP. HARRY BENTON)

Amends the State Board of Education Article of the School Code. Requires the State Board of Education to create an Equity for Autistic Students Commission to research, recommend, and review policies that affect autistic students to ensure fair access to resources, therapies, education, and equity with a focused lens on historically marginalized groups. Provides that the Commission shall review different therapies and practices used or recommended for autistic students and, with the help of experts appointed to the Commission, decide if those therapies and practices are still the best therapies and practices. Provides that the Commission shall consist of members appointed by the State Board of Education and shall include experts in the field of autism in children and students. Provides that at least one member appointed to the Commission by the State Board of Education shall have autism. Provides that the State Board of Education shall provide administrative assistance and necessary staff support services. Provides for meetings and reporting.

  CURRENT STATUS

3/27/2023 - Rule 19(a) / Re-referred to Rules Committee

SCH CD-IEP TRANSPARENCY
(REP. HARRY BENTON)

Amends the Children with Disabilities Article of the School Code. Provides that school boards shall ensure that the Individualized Education Program process is transparent for all students and the families of students. Provides that school boards shall adopt a policy to ensure equitable and clear access to the Individualized Education Program process.

  CURRENT STATUS

5/1/2024 - Senate Appropriations

SCH CD-IEP-VOTER REGISTRATION
(REP. NABEELA SYED)

Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student who is 17 years of age or older, or will be during that school year, the IEP team shall consider voter registration as an appropriate goal or competency to be included in the IEP, and, if appropriate, when and how voter registration shall be accomplished. Provides that any resulting decisions shall be included in the IEP. Effective July 1, 2024.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

SCH CD-SPEC ED-RESIDENT DIST
(REP. MICHELLE MUSSMAN; SEN. RACHEL VENTURA)

Amends the Children with Disabilities Article of the School Code. Provides that if a student who is 18 years of age or older with no legal guardian is placed residentially outside of the school district in which the student's parent lives and the placement is funded by a State agency or through private insurance, then the resident district is the school district in which the parent lives. Effective immediately.

  CURRENT STATUS

6/13/2024 - Sent to Governor for Signature

SCH CD-SPECIAL ED-TRANSITION
(REP. SUZANNE NESS; SEN. DAVID KOEHLER)

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. In provisions concerning transition services, provides that the student's transition plan shall include consideration of the student's assistive technology needs, such as assistive technology evaluations, devices, and services, related to the student's transition goals for employment, education or training, and independent living, both while the student is participating in transition-related activities and in post-school activities. Provides that the student's transition plan shall also include consideration of the availability and accessibility of appropriate assistive technology devices and services for the student once in the post-school environment. Effective immediately.

  CURRENT STATUS

5/24/2024 - Added as Alternate Co-Sponsor Sen. Meg Loughran Cappel

SCH CD-RESIDENT DISTRICT
(REP. WILLIAM DAVIS; SEN. NAPOLEON HARRIS, III)

House Floor Amendment No. 1 - Replaces everything after the enacting clause. Amends the Children with Disabilities Article of the School Code. Provides that a parent or guardian that moves out of the State after the parent's or guardian's child is placed in a nonpublic school or special education facility, public out-of-state school, or county special education facility shall enroll the child in a school in the other state to initiate reimbursement to Illinois. Provides that if the laws, policies, or procedures of the other state prohibit the foregoing or if the parent or guardian otherwise provides proof of at least one satisfactory attempt to enroll the child but is refused by the other state, the child shall continue to be deemed a resident of the last school district in which the child was enrolled. In provisions concerning the determination that the location of a parent or guardian of a student is unknown, provides that the information submitted from a school district or school or special education facility providing special education to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and at least 3 satisfactory attempts were made to locate the parent or guardian and no response was received from the parent or guardian within 14 days after such satisfactory attempts (instead of requiring 4 items of documentary evidence that a minimum of 4 separate attempts were made). Provides that any determination by the State Superintendent of Education that the location of a parent or guardian is unknown shall be made as soon as practicable after receipt of the affidavit from the school district's superintendent or the facility's director. Provides that a school district or special education facility may request assistance with determining the location of a parent or guardian from the State Board of Education. In provisions concerning placement in a residential facility, provides that if the child is not currently enrolled in a school district or if the resident school district is unknown, the appropriate resident school district must be identified and the child must be enrolled in that district prior to the placement of the child, except in emergency situations. Provides that the residential facility shall require the parent or guardian of the child to sign a contract upon placement in the residential facility affirming that the parent or guardian understands the parent's or guardian's obligations under State law, including the obligation to enroll the child in the appropriate school district of residence at time of placement or upon the child reaching the age of 3. Provides that the identified school district of residence may not deny enrollment on the basis of the child's placement. Effective immediately.

  CURRENT STATUS

5/22/2024 - Referred to Senate Assignments

SCH CD-SPECIAL ED-COUNCIL
(REP. DIANE BLAIR-SHERLOCK)

Amends the Children with Disabilities Article of the School Code. Provides that, subject to appropriation, the State Board of Education shall allocate sufficient funds to provide for transportation and lodging for the members of the Advisory Council on the Education of Children with Disabilities to attend meetings in Springfield and shall provide funds, not to exceed $5,000, for scholarships for families to attend an annual legislative breakfast organized by the Advisory Council.

  CURRENT STATUS

4/5/2024 - Rule 19(a) / Re-referred to Rules Committee

DHS-PUNS DATABASE
(SEN. LAURA MURPHY)

Amends the Department of Human Services Act. Makes changes to a provision concerning the Prioritization of Urgency of Need for Services (PUNS) database. Adds individuals in State-operated developmental centers and individuals in community-integrated living arrangements to the list of persons the Department of Human Services must register in the PUNS database. Requires the Secretary of Human Services to seek input from advisory bodies to the Department, including advisory councils and committees working with the Department in the areas of intellectual disabilities, developmental disabilities, and autism spectrum disorders, with regard to the establishment, maintenance, and administration of PUNS. Provides that the Department shall also ensure that individuals in PUNS are contacted regarding their PUNS status and available services at least 2 times each year via email or letter, based on the delivery preference of the individual. Provides that the available services and supports may include housing, home-based services, employment and training, respite care, and day programs. Requires the Department to seek any available federal funding to upgrade its technology in order to implement an effective and efficient system of operating and maintaining PUNS and making the web-based verification and information-update application developed by the Department available to individuals listed in PUNS. Requires the Department to collaborate with the State Board of Education to ensure that students with disabilities and their parents are informed of PUNS consistent with a specified provision of the School Code.

  CURRENT STATUS

3/10/2023 - Rule 3-9(a) / Re-referred to Assignments

SCH CD-RESIDENTIAL FACILITY
(SEN. SARA FEIGENHOLTZ)

Amends the School Code. Provides that any residential facility that is on the approval list of another State agency or that contracts with another State agency shall be considered approved on the State Board of Education's approved residential facility list.

  CURRENT STATUS

3/10/2023 - Rule 3-9(a) / Re-referred to Assignments

SCH CD-COMPLETION RATES
(SEN. LAURA MURPHY; REP. TERRA COSTA HOWARD)

Provides that the Act may be referred to as the Supporting Special Needs Students Law. Amends the School Code. When computing certain completion rates, requires the State Superintendent of Education to exclude students who: are at least 18 years of age as of September 1 of the school year as reported for the fall semester and have satisfied the credit requirements for high school graduation; have not completed their individualized education program; and are enrolled and receiving individualized education program services. Provides that, beginning with the 2026-2027 school year, in high school districts in counties with populations greater than 800,000 but less than 4,000,000 where there are 2 high schools individually serving grades 9 through 12 and where enrollment is less than 2,500 at any school, enrollment shall be balanced across high schools within the district equally, not to exceed a 15% enrollment difference when averaged over the previous 3 consecutive years.

Senate Floor Amendment No. 1 - Removes the provisions amending the Section of the School Code concerning standards for schools.

  CURRENT STATUS

5/3/2023 - House Elementary & Secondary Education: Administration, Licensing & Charter Schools

INTERSCHOLASTIC ATHLET-SPEC ED
(SEN. LAURA MURPHY)

Amends the Interscholastic Athletic Organization Act. Requires an association or other entity that has as one of its purposes promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics or any form of athletic competition among schools and students within this State to allow a student for whom it is determined that special education services are needed under the School Code to participate in interscholastic athletics and other forms of athletic competition for as long as the student is eligible for such special education services, which, for purposes of the School Code, means through the day before the student's 22nd birthday.

  CURRENT STATUS

3/23/2023 - Added as Co-Sponsor Sen. Karina Villa

SCH CD-SPECIAL ED-COSTS
(SEN. MEG LOUGHRAN CAPPEL)

Amends the Children With Disabilities Article of the School Code. Provides that for individual students with disabilities who attend tier 1 or 2 schools whose program costs exceed 3 times the district's per capita tuition rate, the costs in excess of 3 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement (instead of for individual students with disabilities whose program costs exceed 4 times the district's per capita tuition rate, the costs in excess of 4 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement). Provides that for individual students with disabilities who attend Tier 3 or 4 schools whose program costs exceed 4 times the district's per capita tuition rate, the costs in excess of 4 times the district's per capita tuition rate shall be paid by the State Board of Education from unexpended IDEA discretionary funds originally designated for room and board reimbursement. Effective immediately.

  CURRENT STATUS

5/3/2024 - Rule 3-9(a) / Re-referred to Assignments

SCH CD-SPEC ED JOINT AGREEMENT
(SEN. LAURA FINE)

Amends the School Code. Allows an elementary school district to withdraw from its special education joint agreement program if the district (i) maintains grades up to and including grade 8, (ii) had a 2022-2023 best 3 months' average daily attendance of 4,013, and (iii) had a 2022 equalized assessed valuation of at least $2,927,750,000, but not more than $2,927,760,000, and the special education joint agreement consists of 18 school districts. Requires approval by the school board and notification to and the filing of an intent to withdraw statement with the governing board of the joint agreement program. Sets forth provisions concerning the notification and statement, the allocation of assets and liabilities, and the effective date of the withdrawal.

  CURRENT STATUS

1/24/2024 - Referred to Senate Assignments

SCH CD-SPECIAL ED-SEPARATE SCH
(SEN. MEG LOUGHRAN CAPPEL; REP. MICHELLE MUSSMAN)

Amends the Children with Disabilities Article of the School Code. Provides that the term "special educational facilities and services" includes private special schools (instead of special schools) and separate public special education day schools. Provides that if a child has been placed in a separate public special education day school, a school district making tuition payments in excess of $4,500 shall be responsible for an amount in excess of $4,500 equal to 2 times the district's per capita tuition charge and shall be eligible for reimbursement from the State for the amount of such payments actually made in excess of 2 times the district's per capita tuition charge for students not receiving special education services. Requires a certification and finding to be made for reimbursement of a school district of the amount paid for tuition of a child attending a public special education facility.

Senate Floor Amendment No. 1 - Provides that the Illinois Purchased Care Review Board shall include additional, non-voting members. Provides that the Illinois Purchased Care Review Board shall establish rules and regulations for its determination of allowable costs and payments made by school districts for services provided by separate public special education day schools. Provides that the Illinois Purchased Care Review Board shall review the costs for special education and related services provided by separate public special education day schools. Provides that provisions concerning tuition payments and reimbursement apply to a private special education school, separate public special education day school, or private special education facility (instead of a separate public special education day school). Provides for State Board of Education rulemaking. Adds a July 1, 2024 effective date.

  CURRENT STATUS

5/23/2024 - Added Alternate Co-Sponsor Rep. Matt Hanson

SCH CD-SPECIAL ED-DEAF-BLIND
(SEN. SUZANNE HILTON; REP. TERRA COSTA HOWARD)

Amends the Children with Disabilities Article of the School Code. Provides that the State Board of Education shall maintain and operate, or contract for (instead of being empowered to establish, maintain, and operate or contract for) the operation of a permanent statewide residential education facility (instead of statewide service center), known as the Philip J. Rock Center and School. Provides that the State Board of Education shall include a line item in its budget to pay the costs of operating and maintaining the Philip J. Rock Center and School. Limits the specified services provided by the Philip J. Rock Center and School to eligible deaf-blind persons of all ages to being subject to appropriated funding for those specified services. Makes changes concerning provided services. Provides that for the purposes of employment, the Philip J. Rock Center and School shall be considered its own employer. Provides that the State Board of Education shall appoint a Chief Administrator of the Philip J. Rock Center and School who shall be employed by the Philip J. Rock Center and School. Specifies the duties of the Chief Administrator. Sets forth provisions concerning a student with an individualized education program at the Philip J. Rock Center and School. Makes changes concerning the Advisory Board for the Philip J. Rock Center and School. Makes other changes.

Senate Committee Amendment No. 1 - Makes changes concerning who qualifies as a person with deaf-blindness and who is eligible for deaf-blind services. Changes references of "auditory" to "hearing". Makes changes concerning the services the Phillip J. Rock Center and School shall include.

Senate Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1 with the following changes. Changes references of "deaf-blind" to "deafblind". Provides that the Philip J. Rock Center and School shall service eligible students between the ages of 3 and 21, unless the student's 22nd birthday occurs during the school year, in which case the student is eligible for such services through the end of the school year (instead of providing that the School serves eligible children between the ages of 3 and 22). Removes the requirement that, in accordance with a student's individualized education program, the Philip J. Rock Center and School make every attempt to provide a free appropriate public education pursuant to the federal Individuals with Disabilities Education Act of 2001 to a student placed in its residential educational facility either in its own program or within a local school district program that is appropriate to the child and contracted for by the Philip J. Rock Center and School. Makes typographical and grammatical corrections.

House Floor Amendment No. 2 - Replaces everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Provides that priority of services shall be given to students referred to the Philip J. Rock Center and School who qualify as individuals with concomitant hearing and visual impairments or who are eligible for special education services under the category of deafblind. Provides that such a student may not be denied enrollment unless the student's placement in the Center and School would endanger the health or safety of any other student.

  CURRENT STATUS

5/24/2024 - Passed Both Houses