Full Text of HB2748 102nd General Assembly
HB2748ham001 102ND GENERAL ASSEMBLY | Rep. Suzanne Ness Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2748
| 2 | | AMENDMENT NO. ______. Amend House Bill 2748 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Section | 5 | | 14-17 as follows: | 6 | | (105 ILCS 5/14-17 new) | 7 | | Sec. 14-17. COVID-19 post-secondary transition recovery | 8 | | eligibility. | 9 | | (a) Eligible students who reached or will reach their 22nd | 10 | | birthday between March 17, 2020 and the end of the 2021-2022 | 11 | | school year have been and will be uniquely impacted by the | 12 | | COVID-19 pandemic and resulting closures or significant | 13 | | limitations on in-person instruction, activities, and | 14 | | services. These students have had limited or no opportunity to | 15 | | engage in the in-person activities and services required by | 16 | | their individualized education programs, have been limited in |
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| 1 | | achieving their transition goals, and have lost or will lose | 2 | | eligibility by the end of the regular 2021-2022 school year. | 3 | | (b) Accordingly, these students or, if applicable, their | 4 | | guardians or designated representatives, shall be afforded the | 5 | | option of extending the student's eligibility through the end | 6 | | of the regular 2021-2022 school year to provide the student | 7 | | with an opportunity to participate in post-secondary | 8 | | transition activities and services and pursue the goals under | 9 | | the student's most recent individualized education program | 10 | | (IEP). Nothing in this Section shall be construed to restrict | 11 | | the student's IEP team, including the student and the | 12 | | student's guardian or designated representative, from | 13 | | modifying the student's IEP goals or developing new goals to | 14 | | address regression or newly identified student needs during | 15 | | the period of extended eligibility. If a program, service, | 16 | | activity, or placement provided in the student's most recent | 17 | | IEP is no longer available, the student's IEP team shall | 18 | | convene a meeting to consider comparable services that address | 19 | | appropriate transition goals for the student. A request to opt | 20 | | for an extension of eligibility must be submitted to the | 21 | | school district no later than December 1, 2021. Services shall | 22 | | resume no later than 10 school days after receipt of the | 23 | | request for an extension of eligibility. | 24 | | (c) If a student or guardian or designated representative | 25 | | opts for an extension of eligibility under this Section, that | 26 | | person waives any claims for compensatory services due to |
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| 1 | | events that occurred between March 17, 2020 and the resumption | 2 | | of services in the 2021-2022 school year. | 3 | | (d) A student or, if applicable, a student's guardian or | 4 | | designated representative who chooses not to opt for an | 5 | | additional year of eligibility must be notified of the right | 6 | | to request a meeting with the student's IEP team to discuss the | 7 | | student's need for compensatory services. The meeting must | 8 | | occur no later than November 15, 2021. If the student, | 9 | | guardian, or designated representative disagrees with the | 10 | | outcome of the IEP meeting, the student, guardian, or | 11 | | designated representative shall have the option of (i) | 12 | | extending the student's eligibility under this Section or (ii) | 13 | | seeking relief through the procedural safeguards available | 14 | | under the federal Individuals with Disabilities Education Act | 15 | | and this Code for resolving disputes, including mediation, due | 16 | | process, or State complaint. | 17 | | (e) The special education and related services, including | 18 | | transition services, provided under this Section shall, to the | 19 | | extent allowed, be paid for from the moneys received by the | 20 | | State or school district under the federal Coronavirus Aid, | 21 | | Relief, and Economic Security Act, the federal Coronavirus | 22 | | Response and Relief Supplemental Appropriations Act, the | 23 | | federal American Rescue Plan Act of 2021, or any other federal | 24 | | funding provided to address the impact of the COVID-19 | 25 | | pandemic on elementary and secondary schools and students, as | 26 | | funds become available. |
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| 1 | | (f) Each school district shall provide written | 2 | | notification of the options under this Section to each student | 3 | | to whom this Section applies or the student's guardian or | 4 | | designated representative within 30 days after the effective | 5 | | date of this amendatory Act of the 102nd General Assembly. The | 6 | | notification shall be mailed to the last known address of the | 7 | | student, or, if applicable, of the student's guardian or | 8 | | designated representative, and shall be identical to or | 9 | | substantially the same as the following form: | 10 | | NOTIFICATION TO STUDENT AND GUARDIAN/DESIGNATED | 11 | | REPRESENTATIVE OF EXTENDED SPECIAL EDUCATION | 12 | | ELIGIBILITY OPTIONS DUE TO COVID-19 | 13 | | DATE: (INSERT DATE) | 14 | | STUDENT'S NAME: (INSERT NAME)
| 15 | | STUDENT'S ADDRESS: (INSERT ADDRESS) | 16 | | STUDENT'S DATE OF BIRTH: (INSERT DATE OF BIRTH) | 17 | | Dear (INSERT NAME OF STUDENT AND GUARDIAN/DESIGNATED | 18 | | REPRESENTATIVE): | 19 | | A new Illinois law gives certain students the option of | 20 | | extending their special education eligibility due to the | 21 | | COVID-19 public health emergency that has limited in-person | 22 | | transition activities and services. The extended period of |
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| 1 | | eligibility lasts up to the end of the regular 2021-2022 | 2 | | school year and is intended to allow the student to continue | 3 | | the student's participation in IEP activities, receive IEP | 4 | | services, and pursue IEP goals according to the IEP that was in | 5 | | effect immediately before the student's 22nd birthday. The | 6 | | student's IEP team, which includes the student and the | 7 | | student's guardian or designated representative, may agree to | 8 | | modify the student's goals or IEP activities or goals to | 9 | | address loss of progress during the COVID-19 pandemic or to | 10 | | write new goals to address newly identified student needs. | 11 | | You have the right to request a meeting with the IEP team | 12 | | to discuss compensatory services. | 13 | | To qualify for extended eligibility, the student must meet | 14 | | the following requirements: | 15 | | 1. The student reached or will reach age 22 between | 16 | | March 17, 2020 and the end of the 2021-2022 school year. | 17 | | 2. The student had an IEP in effect on the day before | 18 | | the student's 22nd birthday. | 19 | | 3. The student or the student's guardian or designated | 20 | | representative waives any claims the student may have for | 21 | | compensatory services due to events that occurred between | 22 | | March 17, 2020 and the date the student's IEP services and | 23 | | activities resume in the 2021-2022 school year. | 24 | | ( ) BY CHECKING THIS BOX AND RETURNING THIS DOCUMENT ON OR | 25 | | BEFORE DECEMBER 1, 2021, THE STUDENT OR THE STUDENT'S GUARDIAN |
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| 1 | | OR DESIGNATED REPRESENTATIVE CHOOSES THE OPTION OF EXTENDING | 2 | | THE STUDENT'S ELIGIBILITY FOR SPECIAL EDUCATION UNTIL THE END | 3 | | OF THE 2021-2022 SCHOOL YEAR AND UNDERSTANDS THEY ARE WAIVING | 4 | | ANY CLAIMS FOR COMPENSATORY SERVICES THAT AROSE DUE TO EVENTS | 5 | | THAT OCCURRED BETWEEN MARCH 17, 2020 AND THE DATE SERVICES ARE | 6 | | RESUMED IN THE 2021-2022 SCHOOL YEAR. | 7 | | IF YOU DO NOT CHECK THE BOX ABOVE YOU DO NOT WAIVE ANY CLAIMS | 8 | | FOR COMPENSATORY SERVICES AND MAY SEEK RELIEF THROUGH THE | 9 | | PROCEDURAL SAFEGUARDS AVAILABLE UNDER IDEA AND THE ILLINOIS | 10 | | SCHOOL CODE, INCLUDING AN IEP TEAM MEETING, MEDIATION, STATE | 11 | | COMPLAINT, OR DUE PROCESS. | 12 | | IN ADDITION, IF YOU DO NOT CHECK THE BOX ABOVE, THE SCHOOL | 13 | | DISTRICT MUST SCHEDULE AND HOLD AN IEP MEETING NO LATER THAN | 14 | | NOVEMBER 15, 2021 IF YOU REQUEST A MEETING TO CONSIDER | 15 | | COMPENSATORY SERVICES FOR THE STUDENT DUE TO THE COVID-19 | 16 | | PUBLIC HEALTH EMERGENCY. | 17 | | IF YOU ARE NOT SATISFIED WITH THE OUTCOME OF THE IEP MEETING, | 18 | | YOU CONTINUE TO HAVE THE OPTION OF CHECKING THE BOX AND | 19 | | RETURNING THIS DOCUMENT TO THE SCHOOL DISTRICT ON OR BEFORE | 20 | | DECEMBER 1, 2021 TO RECEIVE AN EXTENSION OF ELIGIBILITY UP TO | 21 | | THE END OF THE REGULAR 2021-2022 SCHOOL YEAR. | 22 | | IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT ME |
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| 1 | | AT (INSERT PHONE NUMBER AND E-MAIL ADDRESS). | 2 | | SINCERELY, | 3 | | (INSERT NAME) | 4 | | (INSERT TITLE)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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