Illinois General Assembly - Bill Status for SB0396

Amends the Children with Disabilities Article of the School Code. Provides that when a child who is eligible for special education reaches the majority age of 18 years, rights accorded to the child's parents transfer to the child. Provides that rights shall not transfer from the parents to the child if the child has been determined to be incompetent under State law or the child has not been determined to be incompetent, but does not have the ability to provide informed consent with respect to the child's educational program. Requires the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child. Effective immediately.

Deletes everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Changes references from "child" to "student" and "educational program" to "individualized education program". Provides that the school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. Requires the district to also explain to the student and the student's parents the significance of the transfer of parental rights at the majority age of 18. Provides that at that time, the district must provide the student with a copy of the Delegation of Rights form. Provides that rights shall not transfer from the parents to the student if the student has been adjudged (instead of determined to be) incompetent under State law or the student has not been adjudged (instead of determined to be) incompetent, but the student has executed a Delegation of Rights to make educational decisions for the purpose of appointing the student's parent or other adult to represent the educational interests of the student (instead of but the student does not have the ability to provide informed consent with respect to the child's educational program). Allows a student to terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. Sets forth requirements for the Delegation of Rights, including the form. Deletes the provision requiring the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child. Removes the immediate effective date.

Deletes everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, with the following changes. Removes a provision that requires the school district to explain to the student and the student's parents the significance of the transfer of parental rights. Requires the school district to mail the notice of the transfer of rights and a copy of the Delegation of Rights form to the student and to the student's parents if they do not attend the meeting to review the student's individualized education program. Provides that the Declaration of Rights shall include a declaration that the student will notify the school district immediately if the student terminates the Delegation of Rights; makes a related change. Adds an immediate effective date.

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