HB5488ham001 104TH GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 4/8/2026

10400HB5488ham001 LRB104 20468 LNS 35696 a

AMENDMENT TO HOUSE BILL 5488

AMENDMENT NO. ______. Amend House Bill 5488 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-31 and 34-21.11 as follows:

(105 ILCS 5/10-31 new)

Sec. 10-31. Section 504 impartial hearing.

(a) This Section applies to all federal Section 504 impartial hearings requested after July 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity.

(b) As used in this Section:

"Day" means the computation of days under Section 1.11 of the Statute on Statutes.

"Disability" has the meaning given to that term in the Environmental Barriers Act.

"Impartial", with respect to a hearing, means that a person (i) is not currently a resident of the school district, special education joint agreement, or other educational entity that is a party to the hearing, (ii) has not represented a party to the hearing as legal counsel within one year prior to the request for the hearing, and (iii) does not have a conflict of interest that the parties have agreed to waive.

"Qualified" means that a person meets the minimum requirements to be an impartial hearing officer under subsection (f).

(c) An impartial Section 504 hearing may be requested by the parent or guardian of a student or by a student if the student is at least 18 years of age or emancipated. The request shall be made in writing to the superintendent of the school district where the student resides. If the respondent is a special education joint agreement or other educational entity, the request shall be made in writing to the chief administrator of the special education joint agreement or other educational entity.

The hearing request shall, at a minimum, include (i) the name of the student, (ii) the student's address of residence, (iii) the name of the school the student is attending, (iv) a brief description of the nature of the problem relating to the identification, evaluation, eligibility, accommodations, or educational placement of the student, and (v) a proposed resolution of the problem to the extent known and available to the party requesting the hearing. If the student is a homeless child as defined in the federal McKinney-Vento Homeless Assistance Act, available contact information for the student shall be provided. The hearing request shall be filed no later than one year after the alleged violation that is the subject of the hearing request occurred.

(d) Within 7 business days after a hearing request is received, the school district, special education joint agreement, or other educational entity shall appoint a qualified, impartial hearing officer and shall notify the hearing officer of the appointment. A hearing officer must disclose to the parties any actual or potential conflicts of interest, including, but not limited to, (i) former employment with the school district, special education joint agreement, or other educational entity that is a party to the hearing or (ii) any personal, professional, or financial interest that may interfere with the hearing officer's objectivity as a hearing officer. If the hearing officer has a conflict of interest, the hearing officer shall recuse himself or herself unless all parties agree in writing to waive the conflict of interest. A party may raise facts that constitute a conflict of interest at any time during the proceedings. Upon recusal, a new, qualified hearing officer shall be appointed within 5 business days from the date of recusal.

The hearing shall address only those issues properly raised under this Section in the hearing request.

The parent or guardian of the student who is the subject of the hearing has the right to have the student present. Any party may be represented by legal counsel. A parent, guardian, or student may be accompanied by people with special knowledge or training with respect to the problems of students with disabilities or knowledge of the student at the party's own expense. However, a person who is not a licensed attorney may not engage in the unauthorized practice of law.

Any party to the hearing has the right to present evidence and confront and cross-examine witnesses.

The school district, special education joint agreement, or other educational entity that is the responding party is responsible for the costs of the hearing officer and for providing a written or electronic verbatim record of the proceedings.

The school district, special education joint agreement, or other educational entity that is a party to the hearing must provide and pay for interpretation services for a parent, guardian, or student who has a primary language other than English at all stages of the process, including the hearing. An interpreter may be requested by any party and must be qualified under standards adopted by the State Board of Education. For a parent, guardian, or student who is deaf or hard of hearing, the interpreter must be licensed under the Interpreter for the Deaf Licensure Act of 2007.

The hearing officer shall issue a final, written decision, including findings of fact and conclusions of law, within 10 business days after the conclusion of the hearing and mail a copy of the decision to each party at the party's last known address.

(e) The school district, special education joint agreement, or other educational entity that is a responding party shall provide an opportunity for a parent, guardian, or student to resolve a complaint through an informal, dispute resolution meeting process. The informal, dispute resolution process must be available to the parent or guardian even if a hearing is not requested.

(f) To be qualified to serve as a Section 504 impartial hearing officer a person must, at a minimum, possess the following credentials:

(1) a juris doctor degree from an accredited law school and an active license to practice law in this State or another jurisdiction and (i) at least 10 years of experience practicing disability law or education law or both or (ii) at least 5 years of experience practicing disability law or education law or both and at least 15 approved credit hours of continuing legal education in conducting an administrative hearing; or

(2) an advanced degree in education or a field related to disabilities or disability law and rights with at least 5 years of experience in education or education administration and at least 15 credit hours of continuing education or professional development training in conducting an administrative hearing.

(g) The State Board of Education shall maintain and post on its public website a nonexclusive list of people who attest that they meet the qualifications to serve as a Section 504 impartial hearing officer under subsection (f).

(h) Nothing in this Section may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.

(105 ILCS 5/34-21.11 new)

Sec. 34-21.11. Section 504 impartial hearing.

(a) This Section applies to all federal Section 504 impartial hearings requested after July 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from the school district or a special education joint agreement or other educational entity.

(b) As used in this Section:

"Day" means the computation of days under Section 1.11 of the Statute on Statutes.

"Disability" has the meaning given to that term in the Environmental Barriers Act.

"Impartial", with respect to a hearing, means that a person (i) has not represented a party to the hearing as legal counsel within one year prior to the request for the hearing and (ii) does not have a conflict of interest that the parties have agreed to waive.

"Qualified" means that a person meets the minimum requirements to be an impartial hearing officer under subsection (f).

(c) An impartial Section 504 hearing may be requested by the parent or guardian of a student or by a student if the student is at least 18 years of age or emancipated. The request shall be made in writing to the general superintendent of schools. If the respondent is a special education joint agreement or other educational entity, the request shall be made in writing to the chief administrator of the special education joint agreement or other educational entity.

The hearing request shall, at a minimum, include (i) the name of the student, (ii) the student's address of residence, (iii) the name of the school the student is attending, (iv) a brief description of the nature of the problem relating to the identification, evaluation, eligibility, accommodations, or educational placement of the student, and (v) a proposed resolution of the problem to the extent known and available to the party requesting the hearing. If the student is a homeless child as defined in the federal McKinney-Vento Homeless Assistance Act, available contact information for the student shall be provided. The hearing request shall be filed no later than one year after the alleged violation that is the subject of the hearing request occurred.

(d) Within 7 business days after a hearing request is received, the school district, special education joint agreement, or other educational entity shall appoint a qualified, impartial hearing officer and shall notify the hearing officer of the appointment. A hearing officer must disclose to the parties any actual or potential conflicts of interest, including, but not limited to, (i) former employment with the school district, special education joint agreement, or other educational entity that is a party to the hearing or (ii) any personal, professional, or financial interest that may interfere with the hearing officer's objectivity as a hearing officer. If the hearing officer has a conflict of interest, the hearing officer shall recuse himself or herself unless all parties agree in writing to waive the conflict of interest. A party may raise facts that constitute a conflict of interest at any time during the proceedings. Upon recusal, a new, qualified hearing officer shall be appointed within 5 business days from the date of recusal.

The hearing shall address only those issues properly raised under this Section in the hearing request.

The parent or guardian of the student who is the subject of the hearing has the right to have the student present. Any party may be represented by legal counsel. A parent, guardian, or student may be accompanied by people with special knowledge or training with respect to the problems of students with disabilities or knowledge of the student at the party's own expense. However, a person who is not a licensed attorney may not engage in the unauthorized practice of law.

Any party to the hearing has the right to present evidence and confront and cross-examine witnesses.

The school district, special education joint agreement, or other educational entity that is the responding party is responsible for the costs of the hearing officer and for providing a written or electronic verbatim record of the proceedings.

The school district, special education joint agreement, or other educational entity that is a party to the hearing must provide and pay for interpretation services for a parent, guardian, or student who has a primary language other than English at all stages of the process, including the hearing. An interpreter may be requested by any party and must be qualified under standards adopted by the State Board of Education. For a parent, guardian, or student who is deaf or hard of hearing, the interpreter must be licensed under the Interpreter for the Deaf Licensure Act of 2007.

The hearing officer shall issue a final, written decision, including findings of fact and conclusions of law, within 10 business days after the conclusion of the hearing and mail a copy of the decision to each party at the party's last known address.

(e) The school district, special education joint agreement, or other educational entity that is a responding party shall provide an opportunity for a parent, guardian, or student to resolve a complaint through an informal, dispute resolution meeting process. The informal, dispute resolution process must be available to the parent or guardian even if a hearing is not requested.

(f) To be qualified to serve as a Section 504 impartial hearing officer a person must, at a minimum, possess the following credentials:

(1) a juris doctor degree from an accredited law school and an active license to practice law in this State or another jurisdiction and (i) at least 10 years of experience practicing disability law or education law or both or (ii) at least 5 years of experience practicing disability law or education law or both and at least 15 approved credit hours of continuing legal education in conducting an administrative hearing; or

(2) an advanced degree in education or a field related to disabilities or disability law and rights with at least 5 years of experience in education or education administration and at least 15 credit hours of continuing education or professional development training in conducting an administrative hearing.

(g) The State Board of Education shall maintain and post on its public website a nonexclusive list of people who attest that they meet the qualifications to serve as a Section 504 impartial hearing officer under subsection (f).

(h) Nothing in this Section may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.".