Illinois General Assembly - Full Text of SB1821
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Full Text of SB1821  102nd General Assembly

SB1821 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1821

 

Introduced 2/26/2021, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-17 new

    Amends the Children with Disabilities Article of the School Code. Provides that eligible students who reached or will reach their 22nd birthday between March 17, 2020 and the end of the 2021-2022 school year shall be afforded the option of extending the student's eligibility through the end of the 2021-2022 school year to provide the student with an opportunity to participate in post-secondary transition activities and services and pursue the goals under the student's most recent individualized education program. Sets forth provisions regarding the extension of eligibility. Requires each school district to provide written notification of options, including the required waiver of compensatory services claims, to each student to whom these provisions apply or to the student's guardian or designated representative within 30 days after the effective date of the amendatory Act. Sets forth the written notification form. Effective immediately.


LRB102 15314 CMG 20670 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1821LRB102 15314 CMG 20670 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 adding Section
514-17 as follows:
 
6    (105 ILCS 5/14-17 new)
7    Sec. 14-17. COVID-19 Post-secondary transition recovery
8eligibility.
9    (a) Eligible students who reached or will reach their 22nd
10birthday between March 17, 2020 and the end of the 2021-2022
11school year have been and will be uniquely impacted by the
12COVID-19 pandemic and resulting closures or significant
13limitations on in-person instruction, activities, and
14services. These students have had limited or no opportunity to
15engage in the in-person activities and services required by
16their individualized education programs, have been severely
17limited in achieving their transition goals, and have lost or
18will lose eligibility by the end of the 2021-2022 school year.
19    (b) Accordingly, these students or, if applicable, their
20guardians or designated representatives, shall be afforded the
21option of extending the student's eligibility through the end
22of the 2021-2022 school year to provide the student with an
23opportunity to participate in post-secondary transition

 

 

SB1821- 2 -LRB102 15314 CMG 20670 b

1activities and services and pursue the goals under the
2student's most recent individualized education program (IEP).
3Nothing in this Section shall be construed to restrict the
4student's IEP team, including the student and the student's
5guardian or designated representative, from modifying the
6student's IEP goals or developing new goals to address
7regression or newly identified student needs during the period
8of extended eligibility. A request to opt for an extension of
9eligibility must be submitted to the school district and the
10waiver required under subsection (c) of this Section no later
11than December 1, 2021. Services shall resume no later than 10
12school days after receipt of the request for an extension of
13eligibility.
14    (c) If a student or guardian or designated representative
15opts for an extension of eligibility under this Section, that
16person must waive in writing any claims for compensatory
17services due to events that occurred between March 17, 2020
18and the resumption of services in the 2021-2022 school year.
19    (d) A student or, if applicable, a student's guardian or
20designated representative who chooses not to opt for an
21additional year of eligibility must be offered a meeting with
22the student's IEP team to discuss the student's need for
23compensatory services. The meeting must occur no later than
24October 31, 2021. If the student, guardian, or designated
25representative disagrees with the outcome of the IEP meeting,
26the student, guardian, or designated representative shall have

 

 

SB1821- 3 -LRB102 15314 CMG 20670 b

1the option of (i) extending the student's eligibility under
2this Section or (ii) seeking relief through the procedural
3safeguards available under the federal Individuals with
4Disabilities Education Act and this Code for resolving
5disputes, including mediation, due process, or State
6complaint.
7    (e) Each school district shall provide written
8notification of the options under this Section, including the
9required waiver of compensatory services claims, to each
10student to whom this Section applies or the student's guardian
11or designated representative within 30 days after the
12effective date of this amendatory Act of the 102nd General
13Assembly. The notification shall be identical to or
14substantially the same as the following form:
 
15
NOTIFICATION TO STUDENT AND GUARDIAN/DESIGNATED
16
REPRESENTATIVE OF EXTENDED SPECIAL EDUCATION
17
ELIGIBILITY OPTIONS DUE TO COVID-19

 
18DATE: (INSERT DATE)
19STUDENT'S NAME: (INSERT NAME)
20STUDENT'S ADDRESS: (INSERT ADDRESS)
21STUDENT'S DATE OF BIRTH: (INSERT DATE OF BIRTH)
 
22Dear (INSERT NAME OF STUDENT AND GUARDIAN/DESIGNATED
23REPRESENTATIVE):
 

 

 

SB1821- 4 -LRB102 15314 CMG 20670 b

1    A new Illinois law gives certain students the option of
2extending their special education eligibility due to the
3COVID-19 public health emergency that has limited in-person
4transition activities and services. The extended period of
5eligibility lasts through the 2021-2022 school year and is
6intended to allow the student to continue the student's
7participation in IEP activities, receive IEP services, and
8pursue IEP goals according to the IEP that was in effect
9immediately before the student's 22nd birthday. The student's
10IEP team, which includes the student and the student's
11guardian or designated representative, may agree to modify the
12student's goals or IEP activities or goals to address loss of
13progress during the COVID-19 pandemic or to write new goals to
14address newly identified student needs.
15    To qualify for extended eligibility, the student must meet
16the following requirements:
17        1. The student reached or will reach age 22 between
18    March 17, 2020 and the end of the 2021-2022 school year.
19        2. The student had an IEP in effect on the day before
20    the student's 22nd birthday.
21        3. The student or the student's guardian or designated
22    representative agrees to waive any claims the student may
23    have for compensatory services due to events that occurred
24    between March 17, 2020 and the date the student's IEP
25    services and activities resume in the 2021-2022 school

 

 

SB1821- 5 -LRB102 15314 CMG 20670 b

1    year.
 
2( ) BY CHECKING THIS BOX AND RETURNING THIS DOCUMENT ON OR
3BEFORE DECEMBER 1, 2021, THE STUDENT OR THE STUDENT'S GUARDIAN
4OR DESIGNATED REPRESENTATIVE CHOOSES THE OPTION OF EXTENDING
5THE STUDENT'S ELIGIBILITY FOR SPECIAL EDUCATION UNTIL THE END
6OF THE 2021-2022 SCHOOL YEAR AND WAIVES ANY CLAIMS FOR
7COMPENSATORY SERVICES THAT AROSE DUE TO EVENTS THAT OCCURRED
8BETWEEN MARCH 17, 2020 AND THE DATE SERVICES ARE RESUMED IN THE
92021-2022 SCHOOL YEAR.
 
10IF YOU DO NOT CHECK THE BOX ABOVE YOU DO NOT WAIVE ANY CLAIMS
11FOR COMPENSATORY SERVICES AND MAY SEEK RELIEF THROUGH THE
12PROCEDURAL SAFEGUARDS AVAILABLE UNDER IDEA AND THE ILLINOIS
13SCHOOL CODE, INCLUDING AN IEP TEAM MEETING, MEDIATION, STATE
14COMPLAINT. OR DUE PROCESS.
 
15IN ADDITION, IF YOU DO NOT CHECK THE BOX ABOVE, THE SCHOOL
16DISTRICT MUST SCHEDULE AND HOLD AN IEP MEETING NO LATER THAN
17OCTOBER 31, 2021 TO CONSIDER COMPENSATORY SERVICES FOR THE
18STUDENT DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY.
 
19IF YOU ARE NOT SATISFIED WITH THE OUTCOME OF THE IEP MEETING,
20YOU CONTINUE TO HAVE THE OPTION OF CHECKING THE BOX AND
21RETURNING THIS DOCUMENT TO THE SCHOOL DISTRICT ON OR BEFORE
22DECEMBER 1, 2021 TO RECEIVE AN EXTENSION OF ELIGIBILITY

 

 

SB1821- 6 -LRB102 15314 CMG 20670 b

1THROUGH THE END OF THE 2021-2022 SCHOOL YEAR.
 
2IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT ME
3AT (INSERT PHONE NUMBER AND E-MAIL ADDRESS).
 
4SINCERELY,
 
5(INSERT NAME)
 
6(INSERT TITLE)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.