Public Act 101-0507
 
HB3302 EnrolledLRB101 09751 AXK 54852 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 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. 

(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.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.