Legislative Update - Week of 3/2/2020

There is so much happening in the legislature related to special education.  Here is a rundown of a few bills we are keeping our eyes on:

Restraint and Seclusion

HB 3975 - Carroll (D-Buffalo Grove)

Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking.

HB 5326 - Crespo (D-Hoffman Estates) Rules Committee in House

Requires Equip for Equality, a State protection and advocacy system, to establish a monitoring team to work in collaboration with the State Board of Education to:  

(1) conduct monitoring of time out and physical restraint in schools and programs;
(2) develop criteria for selecting schools and programs where onsite monitoring shall be conducted;
(3) develop protocols for monitoring activity, including frequency and methods for gathering information and data; and
(4) determine the frequency and format of reporting by the investigation unit to the State Board of Education.  

Requires Equip for Equity to submit an annual report to the Governor, General Assembly, and the State Superintendent of Education.

Payments to Private Facilities
HB3973 - Wheeler (R-North Aurora)
HEARING ON MARCH 4, 2020 - FILE A WITNESS SLIP OPPOSING THIS MEASURE BY CLICKING HERE.

Allows a private special education facility in this State that is a nonprofit entity and that provides special education services only to students who are referred to it by a public school district in this State to require tuition payments by a school district monthly prior to the provision of special education services in accordance with a student's individualized education program for the period that the student is enrolled in the facility pursuant to a placement contract between the facility and the student's school district. Provides that, at or before the end of each regular school term and each summer school term, the private special education facility shall refund to a school district any tuition funds collected by the facility for days that a student was not enrolled in the facility, and if, for any reason, the facility does not satisfy the requirements of the Article or any rules adopted by the State Board of Education regulating private special education facilities, then the State Board, at the request of the school district, may determine that the facility shall refund any tuition funds collected by the facility for days that it was determined by the State Board that the facility was in noncompliance with special education rules.

Dyslexia Screening
HB 4406 - Parkhurst (R-Kankakee)
HEARING ON MARCH 4, 2020 - FILE A WITNESS SLIP OPPOSING THIS MEASURE BY CLICKING HERE.

Provides for dyslexia screening guidelines and rules. Requires the State Board of Education to employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders to provide technical assistance and training. Provides that, beginning with the 2020-2021 school year, each school district must screen students in grades kindergarten through second (and in higher grades under certain circumstances) for the risk factors of dyslexia using a universal screener approved by the State Board. Sets forth what the screening must include. Provides for additional screening for a student who is determined to be at risk, or at some risk, for dyslexia to determine if a student has the characteristics of dyslexia. Requires the use of a multi-tiered system of support framework if screening indicates that a student has some risk factors for dyslexia or has the characteristics of dyslexia. Sets forth provisions concerning exceptions to screening, dyslexia intervention services, and reporting.

Transition Age
HB 3897 - Hurley (D-Chicago)

Provides that a student whose 22nd birthday occurs during the school year is eligible for special education services through the end of the school year (rather than being eligible for services only until the day before his or her 22nd birthday).

SB 2281 - Cunningham (D-Chicago)

Makes an amendment to the bill and allows students to stay in their transition program through the end of the semester (rather than the end of the year or the day after their 22nd birthday).

Other Issues
HB 5327 - Crespo (D-Hoffman Estates) - Rules Committee in House

Provides that the Protection and Advocacy System for the State of Illinois, Equip for Equality, shall expand its Special Education Rights Clinic and Parent Helpline. Provides that the Special Education Rights Clinic shall partner with the State Board of Education to ensure that its materials for parents are visible and accessible locally, engage in rights training, and provide parents with information and strategies to resolve problems themselves through its parent helpline. Provides that Equip for Equality shall work in partnership with the State Board to ensure that all parents are able to learn about and have access to specified resources. Provides for an annual report. Provides findings provisions.