Illinois General Assembly - Bill Status for HB5161

Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986 concerning the educational placement of minor respondents. Provides that the change of educational placement of a student with a disability who has an individualized educational plan (IEP) or a Section 504 plan pursuant to the federal Rehabilitation Act of 1973 shall be governed by the procedures provided in those Acts, case law, federal regulations, the School Code and administrative rules adopted by the State Board of Education. In language making the parents or legal guardians responsible for transportation and other costs associated with the change of school by the respondent if the court orders a transfer of the respondent to another school, creates an exception if the court finds that the parents, guardian, or legal custodian of the respondent is unable to afford those costs and the imposition of costs would prohibit the respondent from attending school. Provides that: costs may not be imposed for special education and related services required under a respondent's IEP or Section 504 plan including transportation whether or not listed on the respondent's IEP as a related service; and the court should seek the advice of appropriate local school officials and personnel to ascertain the special education status of the petitioner and the respondent, to assess the feasibility and details of a safety plan designed to protect the petitioner during school hours, on school property and at school-sponsored events, and to weigh options for alternative educational programs or placements for the respondent. Deletes language providing that the respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. Makes other changes. Effective immediately.

×