Bill Status of SB 396   95th General Assembly

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

Senate Sponsors
Sen. Deanna Demuzio-Jacqueline Y. Collins, Dan Kotowski-A. J. Wilhelmi-Debbie DeFrancesco Halvorson, Martin A. Sandoval, Dan Cronin, Pamela J. Althoff, William E. Peterson, Larry K. Bomke and Linda Holmes

House Sponsors
(Rep. Elizabeth Coulson, Elga L. Jefferies, Patricia R. Bellock, Renée Kosel, Carolyn H. Krause, Jim Watson, Robert W. Pritchard, Rosemary Mulligan, Frank J. Mautino and Sandra M. Pihos)


Last Action  View All Actions

DateChamber Action
  8/23/2007SenatePublic Act . . . . . . . . . 95-0372

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.

Senate Committee 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 Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the contents of the bill as amended by Senate Amendment No. 1, 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
  2/7/2007SenateFiled with Secretary by Sen. Deanna Demuzio
  2/7/2007SenateFirst Reading
  2/7/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Education
  3/1/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Deanna Demuzio
  3/1/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/1/2007SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/1/2007SenateAdded as Co-Sponsor Sen. Dan Kotowski
  3/2/2007SenateAdded as Chief Co-Sponsor Sen. A. J. Wilhelmi
  3/2/2007SenateAdded as Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  3/7/2007SenateSenate Committee Amendment No. 1 Rules Refers to Education
  3/7/2007SenateSenate Committee Amendment No. 1 Adopted
  3/8/2007SenateDo Pass as Amended Education; 010-000-000
  3/8/2007SenatePlaced on Calendar Order of 2nd Reading March 13, 2007
  3/13/2007SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/13/2007SenateSecond Reading
  3/13/2007SenatePlaced on Calendar Order of 3rd Reading March 14, 2007
  3/14/2007SenateAdded as Co-Sponsor Sen. Dan Cronin
  3/16/2007SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  3/20/2007SenateAdded as Co-Sponsor Sen. William E. Peterson
  3/22/2007SenateAdded as Co-Sponsor Sen. Larry K. Bomke
  3/22/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Deanna Demuzio
  3/22/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 2 Rules Refers to Education
  3/28/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Education; 007-000-000
  3/28/2007SenateAdded as Co-Sponsor Sen. Linda Holmes
  3/29/2007SenateRecalled to Second Reading
  3/29/2007SenateSenate Floor Amendment No. 2 Adopted; Demuzio
  3/29/2007SenatePlaced on Calendar Order of 3rd Reading
  3/29/2007SenateThird Reading - Passed; 058-000-000
  3/30/2007HouseArrived in House
  3/30/2007HousePlaced on Calendar Order of First Reading
  3/30/2007HouseChief House Sponsor Rep. Elizabeth Coulson
  4/9/2007HouseFirst Reading
  4/9/2007HouseReferred to Rules Committee
  4/18/2007HouseAdded Alternate Co-Sponsor Rep. Elga L. Jefferies
  4/30/2007HouseAssigned to Elementary & Secondary Education Committee
  5/16/2007HouseDo Pass / Short Debate Elementary & Secondary Education Committee; 021-000-000
  5/16/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2007HouseSecond Reading - Short Debate
  5/24/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Renée Kosel
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Carolyn H. Krause
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Jim Watson
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Frank J. Mautino
  5/29/2007HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  5/29/2007HouseThird Reading - Short Debate - Passed 116-000-000
  5/29/2007SenatePassed Both Houses
  6/27/2007SenateSent to the Governor
  8/23/2007SenateGovernor Approved
  8/23/2007SenateEffective Date August 23, 2007
  8/23/2007SenatePublic Act . . . . . . . . . 95-0372

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