Elementary & Secondary Education Committee
Filed: 3/1/2007
 
 

 




 

 		












09500HB0816ham001

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AMENDMENT TO HOUSE BILL 816 




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    AMENDMENT NO. ______. Amend House Bill 816  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The School Code is amended  by adding Section 
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14-6.10 as follows:
 
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    "(105 ILCS 5/14-6.10 new)

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    Sec. 14-6.10. Transfer of parental rights at the age of 
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majority.
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    (a)  When a student who is eligible for special education 
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under this Article reaches the majority age of 18 years, all 
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rights accorded to the student's parents under this Article 
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transfer to the student, except as provided in this Section.  
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This transfer of rights also applies to student's who are 
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incarcerated in an adult or juvenile State or local 
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correctional institution.  Nothing in this Section shall be 
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construed to deny a student with a disability who has reached 
 


 






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majority age the right to have an adult of his or her choice, 
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including, but not limited to, the student's parent, assist the 
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student in making decisions regarding the student's 
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individualized education program.
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    (b)  The school district must notify the student and the 
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student's parents of the transfer of rights in writing at a 
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meeting convened to review the student's individualized 
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education program during the school year in which the student 
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turns 17 years of age.  The school district must also explain to 
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the student and the student's parents the significance of the 
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transfer of parental rights at the majority age of 18.  At that 
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time, the school district must provide the student with a copy 
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of the Delegation of Rights form described in this Section.

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    (c)  Rights shall not transfer from the parents to the 
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student under this Section if either of the following apply:
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        (1)  The student with a disability who has reached the 
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    age of majority has been adjudged incompetent under State 
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    law.
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        (2)  The student has not been adjudged incompetent under 
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    State law, but the student has executed a Delegation of 
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    Rights to make educational decisions pursuant to this 
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    Section for the purpose of appointing the student's parent 
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    or other adult to represent the educational interests of 
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    the student.
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    A student may terminate the Delegation of Rights at any 
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time and assume the right to make decisions regarding his or 
 


 






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her education.  The Delegation of Rights shall meet all of the 
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following requirements:
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        (A) It shall remain in effect for one year after the 
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    date of execution, but may be renewed annually with the 
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    written or other formal authorization of the student and 
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    the person the student delegates to represent the 
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    educational interests of the student.
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        (B)  It shall be signed by the student or verified by 
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    other means, such as audio or video or other alternative 
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    format compatible with the student's disability showing 
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    that the student has agreed to the terms of the delegation.
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        (C)  It shall be signed or otherwise manifest 
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    verification that the designee accepts the delegation.
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        (D)  It shall include declarations that the student (i) 
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    is 18 years of age or older, (ii) intends to delegate his 
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    or her educational rights under federal and State law to a 
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    specified individual who is at least 18 years of age, (iii) 
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    has not been adjudged incompetent under State law, (iv) is 
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    entitled to be present during the development of the 
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    student's individualized education program and to raise 
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    issues or concerns about the student's individualized 
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    education program, and (v) will be permitted to terminate 
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    the Designation of Rights at any time.
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        (E)  It shall be identical or substantially the same as 
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    the following form:
 
 


 






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DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION 


 
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    I, (insert name), am 18 years of age or older and a student 
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who has the right to make educational decisions for myself 
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under State and federal law.  I have not been adjudged 
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incompetent and, as of the date of the execution of this 
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document, I hereby delegate my right to give consent and make 
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decisions concerning my education to (insert name), who will be 
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considered my "parent" for purposes of the Individuals with 
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Disabilities Education Improvement Act of 2004 and Article 14 
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of the School Code and will exercise all of the rights and 
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responsibilities concerning my education that are conferred on 
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a parent under those laws.  I understand and give my consent for 
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(insert name) to make all decisions relating to my education on 
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my behalf.  I understand that I have the right to be present at 
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meetings held to develop my individualized education program 
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and that I have the right to raise any issues or concerns I may 
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have and that the school district must consider them.
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    This delegation will be in effect for one year from the 
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date of execution below and may be renewed by my written or 
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other formal authorization.  I also understand that I have the 
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right to terminate this Delegation of Rights at any time and 
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assume the right to make my own decisions regarding my 
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education.
 
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(insert name)

 


 






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Student

 
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DATE: (insert date)

 
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Accepted by: (insert name)
 
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            Designated Representative".