Illinois General Assembly - Full Text of Public Act 095-0372
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Public Act 095-0372




Public Act 095-0372
SB0396 Enrolled LRB095 08193 NHT 28361 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by adding Section
14-6.10 as follows:
    (105 ILCS 5/14-6.10 new)
    Sec. 14-6.10. Transfer of parental rights at the age of
    (a) When a student who is eligible for special education
under this Article reaches the majority age of 18 years, all
rights accorded to the student's parents under this Article
transfer to the student, except as provided in this Section.
This transfer of rights also applies to students who are
incarcerated in an adult or juvenile State or local
correctional institution. Nothing in this Section shall be
construed to deny a student with a disability who has reached
majority age the right to have an adult of his or her choice,
including, but not limited to, the student's parent, assist the
student in making decisions regarding the student's
individualized education program.
    (b) 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. At that time, the school district must
provide the student with a copy of the Delegation of Rights
form described in this Section. The school district must mail
the notice and a copy of the Delegation of Rights form to the
student and to the student's parents, addressed to their last
known address, if they do not attend the meeting.
    (c) Rights shall not transfer from the parents to the
student under this Section if either of the following apply:
        (1) The student with a disability who has reached the
    age of majority has been adjudged incompetent under State
        (2) The student has not been adjudged incompetent under
    State law, but the student has executed a Delegation of
    Rights to make educational decisions pursuant to this
    Section for the purpose of appointing the student's parent
    or other adult to represent the educational interests of
    the student.
    A student may terminate the Delegation of Rights at any
time and assume the right to make decisions regarding his or
her education. The Delegation of Rights shall meet all of the
following requirements:
        (A) It shall remain in effect for one year after the
    date of execution, but may be renewed annually with the
    written or other formal authorization of the student and
    the person the student delegates to represent the
    educational interests of the student.
        (B) It shall be signed by the student or verified by
    other means, such as audio or video or other alternative
    format compatible with the student's disability showing
    that the student has agreed to the terms of the delegation.
        (C) It shall be signed or otherwise manifest
    verification that the designee accepts the delegation.
        (D) It shall include declarations that the student (i)
    is 18 years of age or older, (ii) intends to delegate his
    or her educational rights under federal and State law to a
    specified individual who is at least 18 years of age, (iii)
    has not been adjudged incompetent under State law, (iv) is
    entitled to be present during the development of the
    student's individualized education program and to raise
    issues or concerns about the student's individualized
    education program, (v) will be permitted to terminate the
    Delegation of Rights at any time, and (vi) will notify the
    school district immediately if the student terminates the
    Delegation of Rights.
        (E) It shall be identical or substantially the same as
    the following form:

    I, (insert name), am 18 years of age or older and a student
who has the right to make educational decisions for myself
under State and federal law. I have not been adjudged
incompetent and, as of the date of the execution of this
document, I hereby delegate my right to give consent and make
decisions concerning my education to (insert name), who will be
considered my "parent" for purposes of the Individuals with
Disabilities Education Improvement Act of 2004 and Article 14
of the School Code and will exercise all of the rights and
responsibilities concerning my education that are conferred on
a parent under those laws. I understand and give my consent for
(insert name) to make all decisions relating to my education on
my behalf. I understand that I have the right to be present at
meetings held to develop my individualized education program
and that I have the right to raise any issues or concerns I may
have and that the school district must consider them.
    This delegation will be in effect for one year from the
date of execution below and may be renewed by my written or
other formal authorization. I also understand that I have the
right to terminate this Delegation of Rights at any time and
assume the right to make my own decisions regarding my
education. I understand that I must notify the school district
immediately if I revoke this Delegation of Rights prior to its
(insert name)
DATE: (insert date)
Accepted by: (insert name)  
            Designated Representative
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2007