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HB2337 - 104th General Assembly
SCH CD-SPECIAL ED-SETTLEMENT
Last Action
House Sponsors
Rep. Laura Faver Dias - Diane Blair-Sherlock - Amy Briel - Amy Elik, Michael Crawford, Michelle Mussman, Camille Y. Lilly, Edgar González, Jr., Mary Beth Canty, Martha Deuter, Rita Mayfield, Yolonda Morris, Sonya M. Harper, Kimberly Du Buclet, Jehan Gordon-Booth and Harry Benton
Senate Sponsors
(Sen. David Koehler)
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. With respect to impartial due process hearings, provides that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education. Provides that any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court. Effective immediately.
House Committee Amendment No. 1
Provides that if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement (rather than providing that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student, if at least 18 years of age or emancipated, or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education and any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court).
House Floor Amendment No. 2
Provides that a mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student who is at least 18 years of age or emancipated, the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waives a legal right or claim if (i) the legal right or claim being waived is related only to the student who is the subject of the mediation, resolution meeting, or settlement negotiations, (ii) the legal right or claim being waived is related to the claims raised in the complaint being settled, and (iii) the prospective waiver is for a reasonable duration not to exceed the duration of the mediation agreement, resolution agreement, or settlement agreement (rather than if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement).
Actions
| Date | Chamber | Action |
|---|---|---|
| 1/30/2025 | House | Filed with the Clerk by Rep. Laura Faver Dias |
| 2/04/2025 | House | First Reading |
| 2/04/2025 | House | Referred to Rules Committee |
| 2/19/2025 | House | Added Co-Sponsor Rep. Michael Crawford |
| 2/21/2025 | House | Added Co-Sponsor Rep. Michelle Mussman |
| 2/25/2025 | House | Assigned to Education Policy Committee |
| 2/28/2025 | House | Added Co-Sponsor Rep. Camille Y. Lilly |
| 3/04/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Laura Faver Dias |
| 3/04/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 3/05/2025 | House | House Committee Amendment No. 1 Rules Refers to Education Policy Committee |
| 3/12/2025 | House | House Committee Amendment No. 1 Adopted in Education Policy Committee; by Voice Vote |
| 3/12/2025 | House | Do Pass as Amended / Short Debate Education Policy Committee; 013-000-000 |
| 3/12/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/26/2025 | House | Added Chief Co-Sponsor Rep. Diane Blair-Sherlock |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/01/2025 | House | Added Co-Sponsor Rep. Edgar González, Jr. |
| 4/03/2025 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Laura Faver Dias |
| 4/03/2025 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 4/07/2025 | House | House Floor Amendment No. 2 Rules Refers to Education Policy Committee |
| 4/09/2025 | House | House Floor Amendment No. 2 Recommends Be Adopted Education Policy Committee; 013-000-000 |
| 4/10/2025 | House | House Floor Amendment No. 2 Adopted |
| 4/10/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/10/2025 | House | Third Reading - Short Debate - Passed 113-000-000 |
| 4/10/2025 | House | Added Chief Co-Sponsor Rep. Amy Briel |
| 4/10/2025 | House | Added Chief Co-Sponsor Rep. Amy Elik |
| 4/10/2025 | House | Added Co-Sponsor Rep. Mary Beth Canty |
| 4/10/2025 | House | Added Co-Sponsor Rep. Martha Deuter |
| 4/10/2025 | House | Added Co-Sponsor Rep. Rita Mayfield |
| 4/10/2025 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 4/10/2025 | House | Added Co-Sponsor Rep. Sonya M. Harper |
| 4/10/2025 | House | Added Co-Sponsor Rep. Kimberly Du Buclet |
| 4/10/2025 | House | Added Co-Sponsor Rep. Jehan Gordon-Booth |
| 4/10/2025 | House | Added Co-Sponsor Rep. Harry Benton |
| 4/14/2025 | Senate | Arrive in Senate |
| 4/14/2025 | Senate | Placed on Calendar Order of First Reading |
| 4/14/2025 | Senate | Chief Senate Sponsor Sen. David Koehler |
| 4/14/2025 | Senate | First Reading |
| 4/14/2025 | Senate | Referred to Assignments |
| 4/29/2025 | Senate | Assigned to Education |
| 5/07/2025 | Senate | Do Pass Education; 014-000-000 |
| 5/07/2025 | Senate | Placed on Calendar Order of 2nd Reading May 8, 2025 |
| 5/08/2025 | Senate | Second Reading |
| 5/08/2025 | Senate | Placed on Calendar Order of 3rd Reading May 13, 2025 |
| 5/20/2025 | Senate | Placed on Calendar Order of 3rd Reading ** |
| 5/22/2025 | Senate | Third Reading - Passed; 058-000-000 |
| 5/22/2025 | House | Passed Both Houses |
| 6/20/2025 | House | Sent to the Governor |