This is from Bev Johns, Chair of the IL Special Education Coalition. Please
distribute widely! Thanks!


The Illinois State Board of Education (ISBE) has issued a 75 page
report recommending changes to Illinois law affecting schools
(the School Code).

The one page cover letter and only one section (recommending repeal
of the Illinois definition of Specific Learning Disabilities) are copied
below.

Please send an e-mail to lessredtape@...
and put as Subject "School Code Repeal."

Please say that "I oppose the removal of Section 14-1.03a, the
definition of Specific Learning Disabilities from the Illinois School
Code. This has been in Illinois law for the same reason it is
defined in IDEA. The 2004 IDEA reauthorization did NOT change
the Federal definition, and Illinois does not need to change its
definition. We oppose allowing ISBE to define LD in regulation
instead of law."

Bev Johns
-------------------------
Illinois State Board of Education
January 28, 2005

Repeal of Obsolete and Duplicative School Code Provisions

Over the past few months, staff members from the State Board of
Education and the Office of Governor Blagojevich have been
working to develop a list of obsolete and duplicative sections of
the School Code. We intend to introduce legislation this session
that will repeal sections determined to be obsolete or duplicative.

Our work began by analyzing the sections suggested for repeal in
the January 2003 report by the Governor’s Commission on
Revising the School Code. The Commission used four different
justifications for proposing a section for repeal:
(i) the section is obsolete;
(ii) the section is duplicative of another provision;
(iii) the section is not necessary; or
(iv) the section should be deleted, but other alternatives should
be considered.

Generally, we believed the sections deemed as (a) not necessary,
or (b) repeal, but consider alternatives, involved a substantive
change to the School Code that should not be included in the current
repeal legislation. To the extent "unnecessary" sections could be
deemed obsolete or duplicative, the sections have been moved to the
appropriate category. State Board staff has also identified other
obsolete provisions not identified in the Commission’s recommendations.

The attached listing of sections is organized as follows: I. Obsolete
Sections A. Sections identified by the Commission B. Sections
identified by State Board staff. II. Duplicative Sections III. Proposed
for
repeal by the Commission, but not suggested for repeal by ISBE We
invite your comments on this list of provisions suggested for repeal.
As our goal is to include in the proposed legislation only obsolete
and duplicative sections, please let us know if you feel any of these
provisions are not obsolete or duplicative and, accordingly, should
not be listed for repeal.

Please send your comments to lessredtape@..., with a subject
line that includes the phrase "School Code Repeal." Thank you for your
assistance with this undertaking.

Jonathan Furr
General Counsel

105 ILCS 5/14-1.03a. Children with Specific Learning Disabilities
Sec. 14-1.03a. Children with Specific Learning Disabilities. "Children
with Specific Learning Disabilities" means children between the ages
of 3 and 21 years who have a disorder in one or more of the basic
psychological processes involved in understanding or in using
language, spoken or written, which disorder may manifest itself in
imperfect ability to listen, think, speak, read, write, spell or do
mathematical calculations. Such disorders include such conditions
as perceptual disabilities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia. Such term does not include
children who have learning problems which are primarily the result
of visual, hearing or motor disabilities, of mental retardation,
emotional disturbance or environmental disadvantage.

HISTORY: Source: P.A. 77-1318; 89-397, § 5. NOTES: This section was
Ill.Rev.Stat., Ch. 122, para. 14-1.03a. EFFECT OF AMENDMENTS. The
1995 amendment by P.A. 89-397, effective August 20, 1995, in the second
and third sentences substituted "disabilities" for "handicaps".

ISBE Explanation: Under Section 14-1.02, ISBE has authorization to
define this term in the Illinois Administrative Code. ISBE intends to
revise the related definitions in the Illinois Administrative Code to
align with IDEA reauthorization.


Sandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)


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