Bill Status of HB 816   95th General Assembly

Short Description:  SCH CD-SPEC ED-CHILD 18-TRNSFR

House Sponsors
Rep. Elizabeth Coulson-Patricia R. Bellock-Renée Kosel-Kathleen A. Ryg-Carolyn H. Krause, Jim Watson, Lisa M. Dugan, Robert W. Pritchard, Esther Golar, Rosemary Mulligan, Jack D. Franks, Linda Chapa LaVia, Sidney H. Mathias and Sandra M. Pihos

Senate Sponsors
(Sen. Deanna Demuzio)


Last Action  View All Actions

DateChamber Action
  10/5/2007HouseTotal Veto Stands - No Positive Action Taken

Statutes Amended In Order of Appearance
105 ILCS 5/14-6.10 new

Synopsis As Introduced
Amends the Children with Disabilities Article of the School Code. Provides that when a child who is eligible for special education reaches the majority age of 18 years, rights accorded to the child's parents transfer to the child. Provides that rights shall not transfer from the parents to the child if the child has been determined to be incompetent under State law or the child has not been determined to be incompetent, but does not have the ability to provide informed consent with respect to the child's educational program. Requires the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child. Effective immediately.

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Changes references from "child" to "student" and "educational program" to "individualized education program". Provides that the school district must notify the student and the student's parents of the transfer of rights in writing at a meeting convened to review the student's individualized education program during the school year in which the student turns 17 years of age. Requires the district to also explain to the student and the student's parents the significance of the transfer of parental rights at the majority age of 18. Provides that at that time, the district must provide the student with a copy of the Delegation of Rights form. Provides that rights shall not transfer from the parents to the student if the student has been adjudged (instead of determined to be) incompetent under State law or the student has not been adjudged (instead of determined to be) incompetent, but the student has executed a Delegation of Rights to make educational decisions for the purpose of appointing the student's parent or other adult to represent the educational interests of the student (instead of but the student does not have the ability to provide informed consent with respect to the child's educational program). Allows a student to terminate the Delegation of Rights at any time and assume the right to make decisions regarding his or her education. Sets forth requirements for the Delegation of Rights, including the form. Deletes the provision requiring the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child. Removes the immediate effective date.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the contents of the bill as engrossed, with the following changes. Removes a provision that requires the school district to explain to the student and the student's parents the significance of the transfer of parental rights. Requires the school district to mail the notice of the transfer of rights and a copy of the Delegation of Rights form to the student and to the student's parents if they do not attend the meeting to review the student's individualized education program. Provides that the Declaration of Rights shall include a declaration that the student will notify the school district immediately if the student terminates the Delegation of Rights; makes a related change. Adds an immediate effective date.

Actions 
DateChamber Action
  2/7/2007HouseFiled with the Clerk by Rep. Elizabeth Coulson
  2/7/2007HouseFirst Reading
  2/7/2007HouseReferred to Rules Committee
  2/15/2007HouseAssigned to Elementary & Secondary Education Committee
  3/1/2007HouseHouse Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee
  3/1/2007HouseHouse Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
  3/1/2007HouseDo Pass as Amended / Short Debate Elementary & Secondary Education Committee; 021-000-000
  3/1/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/1/2007HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/1/2007HouseAdded Chief Co-Sponsor Rep. Renée Kosel
  3/1/2007HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg
  3/1/2007HouseAdded Chief Co-Sponsor Rep. Carolyn H. Krause
  3/1/2007HouseAdded Co-Sponsor Rep. Jim Watson
  3/1/2007HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/1/2007HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  3/1/2007HouseAdded Co-Sponsor Rep. Esther Golar
  3/2/2007HouseSecond Reading - Short Debate
  3/2/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/2/2007HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  3/6/2007HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/6/2007HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/8/2007HouseThird Reading - Short Debate - Passed 111-000-000
  3/8/2007HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  3/8/2007HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/13/2007SenateArrive in Senate
  3/13/2007SenatePlaced on Calendar Order of First Reading
  3/13/2007SenateChief Senate Sponsor Sen. Deanna Demuzio
  3/13/2007SenateFirst Reading
  3/13/2007SenateReferred to Rules
  3/30/2007SenateAssigned to Education
  4/24/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Deanna Demuzio
  4/24/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  4/24/2007SenateSenate Committee Amendment No. 1 Rules Refers to Education
  4/26/2007SenateSenate Committee Amendment No. 1 Held in Education
  4/26/2007SenateHeld in Education
  5/2/2007SenateSenate Committee Amendment No. 1 Adopted
  5/2/2007SenateDo Pass as Amended Education; 008-000-000
  5/2/2007SenatePlaced on Calendar Order of 2nd Reading May 3, 2007
  5/3/2007SenateSecond Reading
  5/3/2007SenatePlaced on Calendar Order of 3rd Reading May 8, 2007
  5/16/2007SenateThird Reading - Passed; 058-000-000
  5/16/2007HouseArrived in House
  5/16/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/18/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Elizabeth Coulson
  5/18/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/28/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007
  6/20/2007House3/5 Vote Required
  6/20/2007HouseSenate Committee Amendment No. 1 House Concurs 104-000-000
  6/20/2007HousePassed Both Houses
  7/19/2007HouseSent to the Governor
  8/24/2007HouseGovernor Vetoed
  9/19/2007HousePlaced on Calendar Total Veto October 2, 2007
  10/5/2007HouseTotal Veto Stands - No Positive Action Taken

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