State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Paul Jacobs - Daniel Swanson


105 ILCS 5/14-16

    Amends the Children with Disabilities Article of the School Code. Provides that beginning with the 2022-2023 school year, a child with a disability who has an individualized education program, who has completed 4 years of high school, and whose parent or guardian has decided not to enroll the child in transition services shall receive a regular high school diploma. Effective July 1, 2022.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
514-16 as follows:
6    (105 ILCS 5/14-16)
7    Sec. 14-16. Participation in graduation ceremony.
8    (a) This Section may be referred to as Brittany's Law. The
9General Assembly finds the following:
10        (1) Each year, school districts across this State
11    celebrate their students' accomplishments through
12    graduation ceremonies at which high school diplomas are
13    bestowed upon students who have completed their high
14    school requirements.
15        (2) There are children with disabilities in this State
16    who have finished 4 years of high school, but whose
17    individualized education programs prescribe the
18    continuation of special education, transition planning,
19    transition services, or related services beyond the
20    completion of 4 years of high school.
21        (3) It is well-established that the awarding of a high
22    school diploma to and the high school graduation of a
23    child with a disability is tantamount to the termination



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1    of eligibility for special education and related services
2    for the student under applicable federal law.
3        (4) Many children with disabilities who will continue
4    their public education in accordance with their
5    individualized education programs after finishing 4 years
6    of high school wish to celebrate their accomplishments by
7    participating in a graduation ceremony with their
8    classmates.
9        (5) The opportunity for classmates with disabilities
10    and those without disabilities to celebrate their
11    accomplishments together only occurs once, and the
12    opportunity to celebrate the receipt of a diploma several
13    years after one's classmates have graduated diminishes the
14    experience for students whose age peers have left high
15    school several years earlier.
16    (b) Beginning March 1, 2005, each school district that
17operates a high school must have a policy and procedures that
18allow a child with a disability who will have completed 4 years
19of high school at the end of a school year to participate in
20the graduation ceremony of the student's high school
21graduating class and receive a certificate of completion if
22the student's individualized education program prescribes
23special education, transition planning, transition services,
24or related services beyond the student's 4 years of high
25school. The policy and procedures must require timely and
26meaningful written notice to children with disabilities and



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1their parents or guardians about the school district's policy
2and procedures adopted in accordance with this Section.
3    Beginning with the 2022-2023 school year, a child with a
4disability who has an individualized education program, who
5has completed 4 years of high school, and whose parent or
6guardian has decided not to enroll the child in transition
7services provided for in Section 14-8.03 of this Code shall
8receive a regular high school diploma.
9    (c) The State Board of Education shall monitor and enforce
10compliance with the provisions of this Section and is
11authorized to adopt rules for that purpose.
12(Source: P.A. 93-1079, eff. 1-21-05.)
13    Section 99. Effective date. This Act takes effect July 1,