Illinois General Assembly - Bill Status for HB1288

Amends the Children with Disabilities Article of the School Code. Requires the State Board of Education to adopt State complaint procedures that allow a parent, individual, organization, or advocate to file a signed, written complaint with the State Board alleging that a school district, cooperative service unit, or this State has violated the rights of one or more children with disabilities. Requires the school district or other public entity to submit a written response to the complaint within 10 days following receipt of the complaint. Contains provisions concerning documentation related to the complaint. Provides that State complaint procedures may be used to allege non-compliance by a school district or other public entity with a decision of a due process hearing officer. Makes changes concerning a student remaining in his or her present educational placement and continuing in his or her present eligibility status and special education services during the pendency of an administrative or judicial proceeding. Effective immediately.

Provides that the State Board of Education shall adopt State complaint procedures (instead of State complaint procedures that allow a parent, individual, organization, or advocate to file a signed, written complaint with the State Board of Education alleging that a school district, cooperative service unit, or this State has violated the rights of one or more children with disabilities). Makes changes concerning the response to a complaint. Removes the amendatory language that provides that State complaint procedures may be used to allege non-compliance by a school district or other public entity with a decision of a due process hearing officer. Changes a reference from a school district or other public entity agreeing to participate in mediation to a school district or other public entity voluntarily agreeing to participate in mediation. Restores current law to provide that if applying for initial admission to a school district, the student shall, with the consent of the parents (if the student is not at least 18 years of age or emancipated), be placed in the school district program until all such proceedings have been completed.

Replaces everything after the enacting clause. Reinserts the contents of the bill as engrossed with the following changes. Removes the provisions concerning the adoption of State complaint procedures from the Section concerning an impartial due process hearing and places those provisions in a new Section; makes related changes. Effective immediately.

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