|
|
|
|
HB0816 Engrossed |
|
LRB095 08194 NHT 28362 b |
|
|
| 1 |
| AN ACT concerning education.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The School Code is amended by adding Section |
| 5 |
| 14-6.10 as follows:
|
| 6 |
| (105 ILCS 5/14-6.10 new)
|
| 7 |
| Sec. 14-6.10. Transfer of parental rights at the age of |
| 8 |
| majority. |
| 9 |
| (a) When a student who is eligible for special education |
| 10 |
| under this Article reaches the majority age of 18 years, all |
| 11 |
| rights accorded to the student's parents under this Article |
| 12 |
| transfer to the student, except as provided in this Section. |
| 13 |
| This transfer of rights also applies to student's who are |
| 14 |
| incarcerated in an adult or juvenile State or local |
| 15 |
| correctional institution. Nothing in this Section shall be |
| 16 |
| construed to deny a student with a disability who has reached |
| 17 |
| majority age the right to have an adult of his or her choice, |
| 18 |
| including, but not limited to, the student's parent, assist the |
| 19 |
| student in making decisions regarding the student's |
| 20 |
| individualized education program. |
| 21 |
| (b) The school district must notify the student and the |
| 22 |
| student's parents of the transfer of rights in writing at a |
| 23 |
| meeting convened to review the student's individualized |
|
|
|
HB0816 Engrossed |
- 2 - |
LRB095 08194 NHT 28362 b |
|
|
| 1 |
| education program during the school year in which the student |
| 2 |
| turns 17 years of age. The school district must also explain to |
| 3 |
| the student and the student's parents the significance of the |
| 4 |
| transfer of parental rights at the majority age of 18. At that |
| 5 |
| time, the school district must provide the student with a copy |
| 6 |
| of the Delegation of Rights form described in this Section.
|
| 7 |
| (c) Rights shall not transfer from the parents to the |
| 8 |
| student under this Section if either of the following apply: |
| 9 |
| (1) The student with a disability who has reached the |
| 10 |
| age of majority has been adjudged incompetent under State |
| 11 |
| law. |
| 12 |
| (2) The student has not been adjudged incompetent under |
| 13 |
| State law, but the student has executed a Delegation of |
| 14 |
| Rights to make educational decisions pursuant to this |
| 15 |
| Section for the purpose of appointing the student's parent |
| 16 |
| or other adult to represent the educational interests of |
| 17 |
| the student. |
| 18 |
| A student may terminate the Delegation of Rights at any |
| 19 |
| time and assume the right to make decisions regarding his or |
| 20 |
| her education. The Delegation of Rights shall meet all of the |
| 21 |
| following requirements: |
| 22 |
| (A) It shall remain in effect for one year after the |
| 23 |
| date of execution, but may be renewed annually with the |
| 24 |
| written or other formal authorization of the student and |
| 25 |
| the person the student delegates to represent the |
| 26 |
| educational interests of the student. |
|
|
|
HB0816 Engrossed |
- 3 - |
LRB095 08194 NHT 28362 b |
|
|
| 1 |
| (B) It shall be signed by the student or verified by |
| 2 |
| other means, such as audio or video or other alternative |
| 3 |
| format compatible with the student's disability showing |
| 4 |
| that the student has agreed to the terms of the delegation. |
| 5 |
| (C) It shall be signed or otherwise manifest |
| 6 |
| verification that the designee accepts the delegation. |
| 7 |
| (D) It shall include declarations that the student (i) |
| 8 |
| is 18 years of age or older, (ii) intends to delegate his |
| 9 |
| or her educational rights under federal and State law to a |
| 10 |
| specified individual who is at least 18 years of age, (iii) |
| 11 |
| has not been adjudged incompetent under State law, (iv) is |
| 12 |
| entitled to be present during the development of the |
| 13 |
| student's individualized education program and to raise |
| 14 |
| issues or concerns about the student's individualized |
| 15 |
| education program, and (v) will be permitted to terminate |
| 16 |
| the Designation of Rights at any time. |
| 17 |
| (E) It shall be identical or substantially the same as |
| 18 |
| the following form:
|
| 19 |
| DELEGATION OF RIGHTS TO MAKE EDUCATIONAL DECISION
|
| 20 |
| I, (insert name), am 18 years of age or older and a student |
| 21 |
| who has the right to make educational decisions for myself |
| 22 |
| under State and federal law. I have not been adjudged |
| 23 |
| incompetent and, as of the date of the execution of this |
| 24 |
| document, I hereby delegate my right to give consent and make |
|
|
|
HB0816 Engrossed |
- 4 - |
LRB095 08194 NHT 28362 b |
|
|
| 1 |
| decisions concerning my education to (insert name), who will be |
| 2 |
| considered my "parent" for purposes of the Individuals with |
| 3 |
| Disabilities Education Improvement Act of 2004 and Article 14 |
| 4 |
| of the School Code and will exercise all of the rights and |
| 5 |
| responsibilities concerning my education that are conferred on |
| 6 |
| a parent under those laws. I understand and give my consent for |
| 7 |
| (insert name) to make all decisions relating to my education on |
| 8 |
| my behalf. I understand that I have the right to be present at |
| 9 |
| meetings held to develop my individualized education program |
| 10 |
| and that I have the right to raise any issues or concerns I may |
| 11 |
| have and that the school district must consider them. |
| 12 |
| This delegation will be in effect for one year from the |
| 13 |
| date of execution below and may be renewed by my written or |
| 14 |
| other formal authorization. I also understand that I have the |
| 15 |
| right to terminate this Delegation of Rights at any time and |
| 16 |
| assume the right to make my own decisions regarding my |
| 17 |
| education.
|
| 18 |
| Student: (insert name)
|
| 19 |
| DATE: (insert date)
|
| 20 |
| Accepted by: (insert name)
|
| 21 |
| Designated Representative
|