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| Public Act 101-0507 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
14-8.02e and by adding Section 14-8.02g as follows: | ||||
(105 ILCS 5/14-8.02e) | ||||
Sec. 14-8.02e. State complaint procedures. | ||||
(a) The State Board of Education shall adopt State | ||||
complaint procedures, consistent with Sections 300.151, | ||||
300.152, and 300.153 of Title 34 of the Code of Federal | ||||
Regulations. The State Board of Education, by rule, shall | ||||
establish State complaint procedures consistent with this | ||||
Section. A school district or other public entity shall be | ||||
required to submit a written response to a complaint within the | ||||
time prescribed by the State Board of Education following | ||||
receipt of the complaint. A copy of the response and all | ||||
documentation submitted by the respondent to the State Board of | ||||
Education, including corrective action compliance | ||||
documentation, must be simultaneously provided by the | ||||
respondent to the complainant or to the attorney for the | ||||
complainant. If the complaint was filed by an individual other | ||||
than a parent of a child who is the subject of the complaint | ||||
(or the child if the child has reached majority or is | ||||
emancipated and has assumed responsibility for his or her own | ||
educational decisions) and the complaint is about a specific | ||
identifiable child or children, then appropriate written | ||
signed releases must be obtained prior to the release of any | ||
documentation or information to the complainant or the attorney | ||
representing the complainant. | ||
(b) For a complaint made under procedures authorized under | ||
this Section alleging a delay or denial of special education or | ||
related services in the 2016-2017 or 2017-2018 school year by a | ||
school district organized under Article 34 as a result of the | ||
adoption of policies and procedures identified by the State | ||
Board of Education as unlawful, the complaint must be filed on | ||
or before September 30, 2021. This filing deadline must be | ||
included in the written notification sent by the school | ||
district under subsection (b) of Section 14-8.02g.
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(Source: P.A. 98-383, eff. 8-16-13.) | ||
(105 ILCS 5/14-8.02g new) | ||
Sec. 14-8.02g. Written notification required for delays | ||
and denials of special education services. | ||
(a) This Section applies only to a school district | ||
organized under Article 34. | ||
(b) With respect to a student enrolled in the school | ||
district for or to whom appropriate special education or | ||
related services may have been delayed or denied in the | ||
2016-2017 or 2017-2018 school year as a result of the adoption | ||
of policies and procedures identified by the State Board of | ||
Education as unlawful, the school district must provide a | ||
separate written notification no later than 30 days after the | ||
first school day of the 2019-2020 school year to (i) the parent | ||
or guardian of the student, (ii) a designated representative of | ||
the student, (iii) the student if he or she is an emancipated | ||
minor, or (iv) the student if he or she has reached the age of | ||
majority and does not have a designated representative that | ||
states that appropriate relief may be available through a State | ||
complaint procedure authorized under Section 14-8.02e, | ||
State-sponsored mediation, or an impartial due process hearing | ||
under Section 14-8.02a. The written notification must include | ||
contact information for the State Board of Education, a list of | ||
organizations that provide free or low-cost legal services, | ||
advocacy, and advice on special education matters, and the | ||
filing deadline under subsection (b) of Section 14-8.02e. The | ||
written notification must be posted on the home page of the | ||
school district's public website and must, at least once, be | ||
included with any written informational materials for parents | ||
sent home with the student.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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