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Rep. Fred Crespo
Filed: 3/20/2019
| | 10100HB3302ham001 | | LRB101 09751 AXK 57775 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3302
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3302 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The School Code is amended by changing Section |
| 5 | | 14-8.02e and by adding Section 14-8.02g as follows: |
| 6 | | (105 ILCS 5/14-8.02e) |
| 7 | | Sec. 14-8.02e. State complaint procedures. The State Board |
| 8 | | of Education shall adopt State complaint procedures, |
| 9 | | consistent with Sections 300.151, 300.152, and 300.153 of Title |
| 10 | | 34 of the Code of Federal Regulations. The State Board of |
| 11 | | Education, by rule, shall establish State complaint procedures |
| 12 | | consistent with this Section. A school district or other public |
| 13 | | entity shall be required to submit a written response to a |
| 14 | | complaint within the time prescribed by the State Board of |
| 15 | | Education following receipt of the complaint. A copy of the |
| 16 | | response and all documentation submitted by the respondent to |
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| | 10100HB3302ham001 | - 2 - | LRB101 09751 AXK 57775 a |
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| 1 | | the State Board of Education, including corrective action |
| 2 | | compliance documentation, must be simultaneously provided by |
| 3 | | the respondent to the complainant or to the attorney for the |
| 4 | | complainant. If the complaint was filed by an individual other |
| 5 | | than a parent of a child who is the subject of the complaint |
| 6 | | (or the child if the child has reached majority or is |
| 7 | | emancipated and has assumed responsibility for his or her own |
| 8 | | educational decisions) and the complaint is about a specific |
| 9 | | identifiable child or children, then appropriate written |
| 10 | | signed releases must be obtained prior to the release of any |
| 11 | | documentation or information to the complainant or the attorney |
| 12 | | representing the complainant.
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| 13 | | (Source: P.A. 98-383, eff. 8-16-13.) |
| 14 | | (105 ILCS 5/14-8.02g new) |
| 15 | | Sec. 14-8.02g. Additional opportunity to address systemic |
| 16 | | delays and denials of special education services. |
| 17 | | (a) This Section applies only to a school district |
| 18 | | organized under Article 34. |
| 19 | | (b) For complaints made under procedures authorized under |
| 20 | | Section 14-8.02e for delays and denials of special education |
| 21 | | services in the 2016-2017 or 2017-2018 school year, a |
| 22 | | complainant has no less than 2 years following the finalization |
| 23 | | of the State Board of Education's student-specific corrective |
| 24 | | action plan per the State Board's 2017-2018 Public Inquiry |
| 25 | | Team's Corrective Action Report and notification of that plan |