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Public Act 101-0507


 

Public Act 0507 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0507
 
HB3302 EnrolledLRB101 09751 AXK 54852 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
14-8.02e and by adding Section 14-8.02g as follows:
 
    (105 ILCS 5/14-8.02e)
    Sec. 14-8.02e. State complaint procedures.
    (a) The State Board of Education shall adopt State
complaint procedures, consistent with Sections 300.151,
300.152, and 300.153 of Title 34 of the Code of Federal
Regulations. The State Board of Education, by rule, shall
establish State complaint procedures consistent with this
Section. A school district or other public entity shall be
required to submit a written response to a complaint within the
time prescribed by the State Board of Education following
receipt of the complaint. A copy of the response and all
documentation submitted by the respondent to the State Board of
Education, including corrective action compliance
documentation, must be simultaneously provided by the
respondent to the complainant or to the attorney for the
complainant. If the complaint was filed by an individual other
than a parent of a child who is the subject of the complaint
(or the child if the child has reached majority or is
emancipated and has assumed responsibility for his or her own
educational decisions) and the complaint is about a specific
identifiable child or children, then appropriate written
signed releases must be obtained prior to the release of any
documentation or information to the complainant or the attorney
representing the complainant.
    (b) For a complaint made under procedures authorized under
this Section alleging a delay or denial of special education or
related services in the 2016-2017 or 2017-2018 school year by a
school district organized under Article 34 as a result of the
adoption of policies and procedures identified by the State
Board of Education as unlawful, the complaint must be filed on
or before September 30, 2021. This filing deadline must be
included in the written notification sent by the school
district under subsection (b) of Section 14-8.02g.
(Source: P.A. 98-383, eff. 8-16-13.)
 
    (105 ILCS 5/14-8.02g new)
    Sec. 14-8.02g. Written notification required for delays
and denials of special education services.
    (a) This Section applies only to a school district
organized under Article 34.
    (b) With respect to a student enrolled in the school
district for or to whom appropriate special education or
related services may have been delayed or denied in the
2016-2017 or 2017-2018 school year as a result of the adoption
of policies and procedures identified by the State Board of
Education as unlawful, the school district must provide a
separate written notification no later than 30 days after the
first school day of the 2019-2020 school year to (i) the parent
or guardian of the student, (ii) a designated representative of
the student, (iii) the student if he or she is an emancipated
minor, or (iv) the student if he or she has reached the age of
majority and does not have a designated representative that
states that appropriate relief may be available through a State
complaint procedure authorized under Section 14-8.02e,
State-sponsored mediation, or an impartial due process hearing
under Section 14-8.02a. The written notification must include
contact information for the State Board of Education, a list of
organizations that provide free or low-cost legal services,
advocacy, and advice on special education matters, and the
filing deadline under subsection (b) of Section 14-8.02e. The
written notification must be posted on the home page of the
school district's public website and must, at least once, be
included with any written informational materials for parents
sent home with the student.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019