HB3302eng 101ST GENERAL ASSEMBLY

HB3302 Engrossed LRB101 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. 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.

(Source: P.A. 98-383, eff. 8-16-13.)

(105 ILCS 5/14-8.02g new)

Sec. 14-8.02g. Additional opportunity to address systemic delays and denials of special education services.

(a) This Section applies only to a school district organized under Article 34.

(b) For complaints made under procedures authorized under Section 14-8.02e for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint under Section 14-8.02e. The State Board's notification of its student-specific corrective action plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection.

Section 99. Effective date. This Act takes effect July 1, 2019.