Rep. Fred Crespo

Filed: 3/20/2019





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2    AMENDMENT NO. ______. Amend House Bill 3302 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
514-8.02e and by adding Section 14-8.02g as follows:
6    (105 ILCS 5/14-8.02e)
7    Sec. 14-8.02e. State complaint procedures. The State Board
8of Education shall adopt State complaint procedures,
9consistent with Sections 300.151, 300.152, and 300.153 of Title
1034 of the Code of Federal Regulations. The State Board of
11Education, by rule, shall establish State complaint procedures
12consistent with this Section. A school district or other public
13entity shall be required to submit a written response to a
14complaint within the time prescribed by the State Board of
15Education following receipt of the complaint. A copy of the
16response and all documentation submitted by the respondent to



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1the State Board of Education, including corrective action
2compliance documentation, must be simultaneously provided by
3the respondent to the complainant or to the attorney for the
4complainant. If the complaint was filed by an individual other
5than a parent of a child who is the subject of the complaint
6(or the child if the child has reached majority or is
7emancipated and has assumed responsibility for his or her own
8educational decisions) and the complaint is about a specific
9identifiable child or children, then appropriate written
10signed releases must be obtained prior to the release of any
11documentation or information to the complainant or the attorney
12representing the complainant.
13(Source: P.A. 98-383, eff. 8-16-13.)
14    (105 ILCS 5/14-8.02g new)
15    Sec. 14-8.02g. Additional opportunity to address systemic
16delays and denials of special education services.
17    (a) This Section applies only to a school district
18organized under Article 34.
19    (b) For complaints made under procedures authorized under
20Section 14-8.02e for delays and denials of special education
21services in the 2016-2017 or 2017-2018 school year, a
22complainant has no less than 2 years following the finalization
23of the State Board of Education's student-specific corrective
24action plan per the State Board's 2017-2018 Public Inquiry
25Team's Corrective Action Report and notification of that plan



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1to parents and guardians of potentially impacted children to
2file a complaint under Section 14-8.02e. The State Board's
3notification of its student-specific corrective action plan to
4parents and guardians must include notification of the extended
5timeframe to file complaints under this subsection.
6    Section 99. Effective date. This Act takes effect July 1,