HB5575 104TH GENERAL ASSEMBLY

LRB104 20745 LNS 34249 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5575

Introduced 2/13/2026, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-20 new

Amends the Children with Disabilities Article of the School Code. Requires each school district to provide transportation to all students with an Individualized Education Program, based solely on the student's eligibility for special education. Provides that the transportation shall be provided at no cost and is presumed necessary for a free appropriate public education. Provides that the type, method, route, and accommodations for transportation shall be individualized to the student's needs. Sets forth how mileage shall be determined and verified. Requires school districts to maintain mileage records, provide the mileage records to parents or guardians within 10 business days of request, and include the mileage records in the student's educational record. Establishes transportation restrictions for school districts. Allows parents or guardians to seek relief for the failure to provide transportation as a denial of a free appropriate public education. Allows the State Board of Education to adopt rules to implement the provisions. Effective July 1, 2026.

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 14-20 as follows:

(105 ILCS 5/14-20 new)

Sec. 14-20. Transportation for Students with Individualized Education Programs.

(a) It is the intent of the General Assembly to ensure that every child with a disability who is eligible for special education services receives meaningful and equitable access to a free appropriate public education. Transportation is a necessary related service under federal and State law and shall be provided consistently, equitably, and without discrimination across all school districts in this State.

(b) As used in this Section:

"School district" means any local educational agency subject to this Code.

"Specialized transportation" includes wheelchair-accessible vehicles, door-to-door service, travel aides, supervision, adapted seating, or other accommodations required for safe transport.

"Transportation" means travel necessary to ensure access to education for a student with an Individualized Education Program, including:

(1) travel to and from the student's residence;

(2) travel between multiple school buildings or educational sites;

(3) travel to and from any school attended, including public, private, charter, magnet, proprietary, or other nonpublic schools; or

(4) travel to and from any school, program, or educational site located within 6 miles of the public school where the student receives special education services, without regard to whether attendance is related to the student's disability, Individualized Education Program services, or placement.

(c) Each school district shall provide transportation to all students with an Individualized Education Program, based solely on the student's eligibility for special education, regardless of:

(1) disability category or severity;

(2) educational placement or instructional setting;

(3) type of school attended; or

(4) whether transportation is listed in the Individualized Education Program.

Transportation shall be provided at no cost and is presumed necessary for a free appropriate public education.

(d) Transportation shall include, at a minimum:

(1) transportation to and from the student's residence and any school attended;

(2) transportation between schools or educational sites;

(3) transportation to and from any public, private, proprietary, or nonpublic school or educational site located within 6 miles of the public school where the student receives special education services, including general education, enrichment, vocational training, dual enrollment, religious instruction, or other lawful educational purposes; or

(4) transportation to access evaluations, therapies, instructional programs, or services identified in the Individualized Education Program.

Eligibility shall not depend on a connection between the destination and the student's disability or Individualized Education Program services. Nothing in this Section requires the district to fund private school tuition or instructional costs.

(e) The type, method, route, and accommodations for transportation shall be individualized to the student's needs. A school district shall not deny or limit transportation due to:

(1) availability of parental transportation;

(2) distance rules applicable to general education students;

(3) governance, ownership, or funding of the school attended; or

(4) administrative convenience, staffing shortages, or cost considerations.

(f) Mileage shall be determined and verified as follows:

(1) by the shortest publicly accessible driving route;

(2) by GPS or digital mapping platforms approved or commonly used by the State Board of Education;

(3) from the primary public entrance of the student's public school to the primary public entrance of the destination;

(4) at the point of the Individualized Education Program development or revision, upon placement or service changes or upon written request by a parent or guardian. Temporary traffic, construction, or detours shall not deny eligibility; and

(5) in conflicting calculations, the measurement most favorable to the student applies. Transportation continues during disputes.

(g) School districts shall maintain mileage records, provide the mileage records to parents or guardians within 10 business days of request, and include the mileage records in the student's educational record.

(h) A school district shall not:

(1) limit transportation solely to home-to-school routes;

(2) require parents or guardians to transport students;

(3) deny transportation based on public, private, or proprietary status of the school;

(4) require proof that attendance is necessary for the Individualized Education Program;

(5) manipulate routing or mileage to exceed 6 miles; or

(6) deny transportation based on disability, behavior, attendance, or cost.

(i) Failure to provide transportation as required constitutes a denial of a free appropriate public education. Parents or guardians may seek relief through:

(1) the Individualized Education Program process;

(2) filing an administrative complaint with the State Board of Education; or

(3) a due process hearing under Section 14-8.02 of this Code.

Transportation shall continue during any dispute.

(j) The State Board of Education may adopt rules necessary to implement this Section, as long as it does not limit or diminish transportation rights guaranteed in this Section.

Section 99. Effective date. This Act takes effect July 1, 2026.