Full Text of HB5062 102nd General Assembly
HB5062 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/27/2022, by Rep. Paul Jacobs - Daniel Swanson
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The School Code is amended by changing Section
14-16 as follows:
(105 ILCS 5/14-16)
Participation in graduation ceremony.
(a) This Section may be referred to as Brittany's Law. The
General Assembly finds the following:
(1) Each year, school districts across this State
celebrate their students' accomplishments through
graduation ceremonies at which high school diplomas are
bestowed upon students who have completed their high
(2) There are children with disabilities in this State
who have finished 4 years of high school, but whose
individualized education programs prescribe the
continuation of special education, transition planning,
transition services, or related services beyond the
completion of 4 years of high school.
(3) It is well-established that the awarding of a high
school diploma to and the high school graduation of a
child with a disability is tantamount to the termination
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of eligibility for special education and related services
for the student under applicable federal law.
(4) Many children with disabilities who will continue
their public education in accordance with their
individualized education programs after finishing 4 years
of high school wish to celebrate their accomplishments by
participating in a graduation ceremony with their
(5) The opportunity for classmates with disabilities
and those without disabilities to celebrate their
accomplishments together only occurs once, and the
opportunity to celebrate the receipt of a diploma several
years after one's classmates have graduated diminishes the
experience for students whose age peers have left high
school several years earlier.
(b) Beginning March 1, 2005, each school district that
operates a high school must have a policy and procedures that
allow a child with a disability who will have completed 4 years
of high school at the end of a school year to participate in
the graduation ceremony of the student's high school
graduating class and receive a certificate of completion if
the student's individualized education program prescribes
special education, transition planning, transition services,
or related services beyond the student's 4 years of high
school. The policy and procedures must require timely and
meaningful written notice to children with disabilities and
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their parents or guardians about the school district's policy
and procedures adopted in accordance with this Section.
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 provided for in Section 14-8.03 of this Code shall
receive a regular high school diploma.
(c) The State Board of Education shall monitor and enforce
compliance with the provisions of this Section and is
authorized to adopt rules for that purpose.
(Source: P.A. 93-1079, eff. 1-21-05.)
This Act takes effect July 1,