HB4068 104TH GENERAL ASSEMBLY

LRB104 13772 LNS 26532 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4068

Introduced 5/28/2025, by Rep. Michael Crawford

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-8.02j new

Amends the Children with Disabilities Article of the School Code. Provides that within 14 school days after receiving a written request for a federal Section 504 plan from a child's parent or guardian, a school district shall determine whether the clinical information provided by the parent or guardian is sufficient to support the need for a Section 504 plan, whether further evaluation is warranted to make that determination, or whether there is no basis for an evaluation or plan based on available information. Provides that if the district decides not to confer eligibility based on existing information or to conduct an evaluation, the district shall provide written notice to the parent or guardian explaining the rationale for the decision. Provides that if the district agrees to an evaluation, a meeting with the parent or guardian shall be held no later than 14 school days after receiving the written request. Requires the district to convene a team that shall identify the assessments necessary to complete the evaluation. Provides that for a student with documentation from a licensed health care provider indicating the need for an individualized health care plan to address a likely medical threat to the student's health or safety, the school's Section 504 plan team shall meet with the parent or guardian to consider creation of an interim Section 504 plan consistent with the health care provider's recommendations within 5 school days after receipt of the documentation, and if the Section 504 plan team agrees with the health care provider's recommendation, implementation of the requisite accommodations shall commence no later than 5 school days after the planning meeting. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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 adding Section 14-8.02j as follows:

(105 ILCS 5/14-8.02j new)

Sec. 14-8.02j. Timelines for creating disability accommodations under Section 504 of the federal Rehabilitation Act of 1973.

(a) For purposes of this Section:

"Health care provider" means a physician licensed to practice medicine in all of its branches, a licensed physician assistant, or a licensed advanced practice registered nurse. Individualized health care plan means a document used to guide a student's health care in the school setting.

(b) Within 14 school days after receiving a written request for a federal Section 504 plan from a child's parent or guardian, a school district shall determine whether the clinical information provided by the parent or guardian is sufficient to support the need for a Section 504 plan, whether further evaluation is warranted to make that determination, or whether there is no basis for an evaluation or plan based on available information. If the district decides not to confer eligibility based on existing information or to conduct an evaluation, the district shall provide written notice to the parent or guardian explaining the rationale for the decision. If the district agrees to an evaluation, a meeting with the parent or guardian shall be held no later than 14 school days after receiving the written request. The district shall convene a team composed of the parent or guardian and individuals having the knowledge and skills necessary to administer and interpret evaluation data. The team shall identify the assessments necessary to complete the evaluation. The composition of the team may vary depending upon the nature of the child's symptoms and other relevant factors. The district shall ensure that the notification of the team's conclusions is transmitted to the parent or guardian within the 14-school-day timeline applicable under this subsection (b) along with the district's request for the parent's or guardian's consent to conduct the needed assessments.

(c) For a student with documentation from a licensed health care provider indicating the need for an individualized health care plan to address a likely medical threat to the student's health or safety, the school's Section 504 plan team shall meet with the parent or guardian to consider creation of an interim Section 504 plan consistent with the health care provider's recommendations within 5 school days after receipt of the documentation. If the Section 504 plan team agrees with the health care provider's recommendation, implementation of the requisite accommodations shall commence no later than 5 school days after the planning meeting.

(d) Nothing in this Section supersedes the requirements included in Section 22-30 of this Code, the Care of Students with Diabetes Act, or the Seizure Smart School Act.

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