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| Public Act 095-0372 |
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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 adding Section | ||||
14-6.10 as follows: | ||||
(105 ILCS 5/14-6.10 new)
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Sec. 14-6.10. Transfer of parental rights at the age of | ||||
majority. | ||||
(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.
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(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 | ||
law. | ||
(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: | ||
DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
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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 | ||
expiration. | ||
(insert name)
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Student
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DATE: (insert date)
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Accepted by: (insert name)
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Designated Representative
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||