HB3302 EnrolledLRB101 09751 AXK 54852 b

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
514-8.02e and by adding Section 14-8.02g as follows:
6    (105 ILCS 5/14-8.02e)
7    Sec. 14-8.02e. State complaint procedures.
8    (a) The State Board of Education shall adopt State
9complaint procedures, consistent with Sections 300.151,
10300.152, and 300.153 of Title 34 of the Code of Federal
11Regulations. The State Board of Education, by rule, shall
12establish State complaint procedures consistent with this
13Section. A school district or other public entity shall be
14required to submit a written response to a complaint within the
15time prescribed by the State Board of Education following
16receipt of the complaint. A copy of the response and all
17documentation submitted by the respondent to the State Board of
18Education, including corrective action compliance
19documentation, must be simultaneously provided by the
20respondent to the complainant or to the attorney for the
21complainant. If the complaint was filed by an individual other
22than a parent of a child who is the subject of the complaint
23(or the child if the child has reached majority or is



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1emancipated and has assumed responsibility for his or her own
2educational decisions) and the complaint is about a specific
3identifiable child or children, then appropriate written
4signed releases must be obtained prior to the release of any
5documentation or information to the complainant or the attorney
6representing the complainant.
7    (b) For a complaint made under procedures authorized under
8this Section alleging a delay or denial of special education or
9related services in the 2016-2017 or 2017-2018 school year by a
10school district organized under Article 34 as a result of the
11adoption of policies and procedures identified by the State
12Board of Education as unlawful, the complaint must be filed on
13or before September 30, 2021. This filing deadline must be
14included in the written notification sent by the school
15district under subsection (b) of Section 14-8.02g.
16(Source: P.A. 98-383, eff. 8-16-13.)
17    (105 ILCS 5/14-8.02g new)
18    Sec. 14-8.02g. Written notification required for delays
19and denials of special education services.
20    (a) This Section applies only to a school district
21organized under Article 34.
22    (b) With respect to a student enrolled in the school
23district for or to whom appropriate special education or
24related services may have been delayed or denied in the
252016-2017 or 2017-2018 school year as a result of the adoption



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1of policies and procedures identified by the State Board of
2Education as unlawful, the school district must provide a
3separate written notification no later than 30 days after the
4first school day of the 2019-2020 school year to (i) the parent
5or guardian of the student, (ii) a designated representative of
6the student, (iii) the student if he or she is an emancipated
7minor, or (iv) the student if he or she has reached the age of
8majority and does not have a designated representative that
9states that appropriate relief may be available through a State
10complaint procedure authorized under Section 14-8.02e,
11State-sponsored mediation, or an impartial due process hearing
12under Section 14-8.02a. The written notification must include
13contact information for the State Board of Education, a list of
14organizations that provide free or low-cost legal services,
15advocacy, and advice on special education matters, and the
16filing deadline under subsection (b) of Section 14-8.02e. The
17written notification must be posted on the home page of the
18school district's public website and must, at least once, be
19included with any written informational materials for parents
20sent home with the student.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.