HB5488 104TH GENERAL ASSEMBLY

LRB104 20468 LNS 33937 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5488

Introduced 2/13/2026, by Rep. Laura Faver Dias

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-8.02j new

Amends the Children with Disabilities Article of the School Code. Allows the parent or guardian of a student or a student if the student is at least 18 years of age or emancipated to request an impartial, federal Section 504 due-process hearing. Within 3 business days after receipt of the request, requires a school district, special education joint agreement, or other educational entity to appoint a qualified, impartial hearing officer and to notify the hearing officer of the appointment. Requires a hearing officer to disclose any actual or potential conflict of interest to the parties. Sets forth requirements for the request, the notification of a hearing officer appointment, the response to complaints, and amendments to hearing requests. Sets forth the responsibilities of the hearing officer and the hearing procedures. Sets forth the qualification requirements to be a hearing officer. Requires the State Board of Education to create a training module for hearing officers, conduct the training, and determine whether an individual is appropriately qualified. Provides that the provisions apply to all Section 504 impartial due-process hearings requested after January 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity. Provides that nothing in the provisions may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.

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. Section 504 impartial due-process hearings.

(a) This Section applies to all federal Section 504 impartial due-process hearings requested after January 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity.

(b) As used in this Section:

"Day" means the computation of days under Section 1.11 of the Statute on Statutes.

"Disability" has the meaning given to that term in the Environmental Barriers Act.

"Impartial", with respect to a hearing, means that a person (i) is not currently a resident of the school district, special education joint agreement, or other educational entity that is a party to the hearing, except this disqualification does not apply to a hearing in which the party is a school district organized under Article 34; (ii) has not represented a party to the hearing as legal counsel within one year prior to the request for the hearing; and (iii) does not have a conflict of interest or has a conflict of interest that the parties have agreed in writing to waive.

"Qualified" means that a person meets the minimum requirements to be an impartial hearing officer under subsection (f).

(c) An impartial Section 504 due-process hearing may be requested by the parent or guardian of a student or by a student if the student is at least 18 years of age or emancipated. The request shall be made in writing to the superintendent of the school district where the student resides. If the respondent is a special education joint agreement or other educational entity, the request shall be made in writing to the chief administrator of the special education joint agreement or other educational entity.

The hearing request shall, at a minimum, include (i) the name of the student, (ii) the student's address of residence, (iii) the name of the school the student is attending, (iv) a brief description of the nature of the problem relating to the identification, evaluation, eligibility, accommodations, or educational placement of the student, and (v) a proposed resolution of the problem to the extent known and available to the party requesting the hearing. If the student is a homeless child as defined in the federal McKinney-Vento Homeless Assistance Act, available contact information for the student shall be provided.

Within 3 business days after receipt of the hearing request, the school district, special education joint agreement, or other educational entity shall appoint a qualified, impartial hearing officer and shall notify the hearing officer of the appointment. Within 5 business days after the hearing officer's appointment, the hearing officer shall notify the parties of the appointment in writing. Within 7 business days after the hearing request is received, the respondent shall file and serve upon the complainant a written response or other documentation indicating the respondent's position on the issues raised in the hearing request. The complainant shall have 5 days after the initial hearing request is received to file an amended hearing request as a matter of right. No further amendments of the hearing request may be filed without leave of the hearing officer. The filing of an amended hearing request shall reset the timelines under this Section.

(d) A hearing officer must disclose to the parties any actual or potential conflict of interest, including, but not limited to, (i) former employment with the school district, special education joint agreement, or other educational entity that is a party to the hearing or (ii) any personal, professional, or financial interest that may interfere with the hearing officer's objectivity as a hearing officer. If the hearing officer has a conflict of interest, the hearing officer shall recuse himself or herself unless all parties agree in writing to waive the conflict of interest. A party may raise facts that constitute a conflict of interest at any time during the proceedings.

(e) The hearing officer shall be responsible for scheduling and conducting the hearing. The hearing officer shall not initiate or participate in any ex parte communications with the parties or their counsel, except to arrange the date, time, and location of the hearing. The hearing officer may convene a prehearing conference at least 5 days prior to the hearing to address how the hearing will be conducted, including, but not limited to, the exchange of witness lists and documentation, the introduction of evidence, and the scheduling of witnesses.

The hearing shall be held at a time and place that are reasonably convenient for the parties involved. The hearing date shall be no earlier than 15 business days after the respondent's receipt of the hearing request and no later than 45 business days after the respondent's receipt of the hearing request. If the student's health or safety requires accelerated attention, the parent or guardian may request an expedited hearing to begin no later than 20 days after the respondent receives the hearing request. The hearing officer shall grant this request upon a determination of good cause. The hearing may be held by remote means at the discretion of the hearing officer. However, all or a portion of the hearing shall be held in person upon the request of a party for good cause.

The hearing shall address only those issues properly raised under this Section in the hearing request.

The parent or guardian involved in the hearing shall have the right to have the student who is the subject of the hearing present. Any party may be represented by legal counsel. A parent, guardian, or student may be accompanied and advised by people with special knowledge or training with respect to the problems of students with disabilities at the party's own expense.

Any party to the hearing has the right to present evidence and confront and cross-examine witnesses.

The length of the hearing may not exceed 7 days unless good cause is shown. Good cause shall be determined by the hearing officer.

The school district, special education joint agreement, or other educational entity that is the responding party shall be responsible for the costs of the hearing officer and for providing a written or electronic verbatim record of the proceedings.

The school district, special education joint agreement, or other educational entity that is a party to the hearing must provide and pay for interpretation services for a parent or student who has a primary language other than English at all stages of the process, including the hearing and the prehearing conference. An interpreter may be requested by any party and must be qualified under standards adopted by the State Board of Education. For a parent or student who is deaf or hard of hearing, the interpreter must be licensed under the Interpreter for the Deaf Licensure Act of 2007.

The hearing officer shall issue a final written decision, including findings of fact and conclusions of law, within 10 business days after the conclusion of the hearing and mail a copy of the decision to each party.

(f) To be qualified to serve as a Section 504 impartial due-process hearing officer an individual must, at a minimum, possess the following credentials:

(1) a juris doctor degree from an accredited law school and an active license to practice law in this State or another jurisdiction or a master's or doctoral degree in education or another field related to disability law or people with disabilities;

(2) the knowledge of and ability to understand the requirements of Section 504 of the federal Rehabilitation Act of 1973, its implementing federal regulations, related State statutes and rules, and legal interpretations of those statutes, regulations, and rules by federal and State courts;

(3) the demonstrated ability to conduct hearings in accordance with appropriate standard legal practice; and

(4) the demonstrated ability to issue and write clear and concise decisions that address the issues in the case and meet appropriate legal standards.

(g) The State Board of Education shall create a training module for Section 504 impartial due-process hearing officers, conduct the training, and determine whether an individual is appropriately qualified. The training process and determination of whether an individual is qualified shall include a review of the individual's experience, an examination, and a sample of issue analysis and writing a decision based on a hypothetical case. The State Board of Education shall cover the costs associated with the training and the determination of whether an individual is qualified.

(h) Nothing in this Section may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.