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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by adding Section | ||||||
5 | 14-6.10 as follows: | ||||||
6 | (105 ILCS 5/14-6.10 new)
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7 | Sec. 14-6.10. Transfer of parental rights at the age of | ||||||
8 | majority. | ||||||
9 | (a) When a student who is eligible for special education | ||||||
10 | under this Article reaches the majority age of 18 years, all | ||||||
11 | rights accorded to the student's parents under this Article | ||||||
12 | transfer to the student, except as provided in this Section. | ||||||
13 | This transfer of rights also applies to student's who are | ||||||
14 | incarcerated in an adult or juvenile State or local | ||||||
15 | correctional institution. Nothing in this Section shall be | ||||||
16 | construed to deny a student with a disability who has reached | ||||||
17 | majority age the right to have an adult of his or her choice, | ||||||
18 | including, but not limited to, the student's parent, assist the | ||||||
19 | student in making decisions regarding the student's | ||||||
20 | individualized education program. | ||||||
21 | (b) The school district must notify the student and the | ||||||
22 | student's parents of the transfer of rights in writing at a | ||||||
23 | meeting convened to review the student's individualized |
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1 | education program during the school year in which the student | ||||||
2 | turns 17 years of age. The school district must also explain to | ||||||
3 | the student and the student's parents the significance of the | ||||||
4 | transfer of parental rights at the majority age of 18. At that | ||||||
5 | time, the school district must provide the student with a copy | ||||||
6 | of the Delegation of Rights form described in this Section.
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7 | (c) Rights shall not transfer from the parents to the | ||||||
8 | student under this Section if either of the following apply: | ||||||
9 | (1) The student with a disability who has reached the | ||||||
10 | age of majority has been adjudged incompetent under State | ||||||
11 | law. | ||||||
12 | (2) The student has not been adjudged incompetent under | ||||||
13 | State law, but the student has executed a Delegation of | ||||||
14 | Rights to make educational decisions pursuant to this | ||||||
15 | Section for the purpose of appointing the student's parent | ||||||
16 | or other adult to represent the educational interests of | ||||||
17 | the student. | ||||||
18 | A student may terminate the Delegation of Rights at any | ||||||
19 | time and assume the right to make decisions regarding his or | ||||||
20 | her education. The Delegation of Rights shall meet all of the | ||||||
21 | following requirements: | ||||||
22 | (A) It shall remain in effect for one year after the | ||||||
23 | date of execution, but may be renewed annually with the | ||||||
24 | written or other formal authorization of the student and | ||||||
25 | the person the student delegates to represent the | ||||||
26 | educational interests of the student. |
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1 | (B) It shall be signed by the student or verified by | ||||||
2 | other means, such as audio or video or other alternative | ||||||
3 | format compatible with the student's disability showing | ||||||
4 | that the student has agreed to the terms of the delegation. | ||||||
5 | (C) It shall be signed or otherwise manifest | ||||||
6 | verification that the designee accepts the delegation. | ||||||
7 | (D) It shall include declarations that the student (i) | ||||||
8 | is 18 years of age or older, (ii) intends to delegate his | ||||||
9 | or her educational rights under federal and State law to a | ||||||
10 | specified individual who is at least 18 years of age, (iii) | ||||||
11 | has not been adjudged incompetent under State law, (iv) is | ||||||
12 | entitled to be present during the development of the | ||||||
13 | student's individualized education program and to raise | ||||||
14 | issues or concerns about the student's individualized | ||||||
15 | education program, and (v) will be permitted to terminate | ||||||
16 | the Designation of Rights at any time. | ||||||
17 | (E) It shall be identical or substantially the same as | ||||||
18 | the following form: | ||||||
19 | DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
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20 | I, (insert name), am 18 years of age or older and a student | ||||||
21 | who has the right to make educational decisions for myself | ||||||
22 | under State and federal law. I have not been adjudged | ||||||
23 | incompetent and, as of the date of the execution of this | ||||||
24 | document, I hereby delegate my right to give consent and make |
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1 | decisions concerning my education to (insert name), who will be | ||||||
2 | considered my "parent" for purposes of the Individuals with | ||||||
3 | Disabilities Education Improvement Act of 2004 and Article 14 | ||||||
4 | of the School Code and will exercise all of the rights and | ||||||
5 | responsibilities concerning my education that are conferred on | ||||||
6 | a parent under those laws. I understand and give my consent for | ||||||
7 | (insert name) to make all decisions relating to my education on | ||||||
8 | my behalf. I understand that I have the right to be present at | ||||||
9 | meetings held to develop my individualized education program | ||||||
10 | and that I have the right to raise any issues or concerns I may | ||||||
11 | have and that the school district must consider them. | ||||||
12 | This delegation will be in effect for one year from the | ||||||
13 | date of execution below and may be renewed by my written or | ||||||
14 | other formal authorization. I also understand that I have the | ||||||
15 | right to terminate this Delegation of Rights at any time and | ||||||
16 | assume the right to make my own decisions regarding my | ||||||
17 | education. | ||||||
18 | Student: (insert name)
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19 | DATE: (insert date)
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20 | Accepted by: (insert name)
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21 | Designated Representative
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