95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0396


 
Introduced 2/7/2007, by Sen. Deanna Demuzio
 
SYNOPSIS AS INTRODUCED:
 		













105 ILCS 5/14-6.10 new










    Amends the Children with Disabilities Article of the School Code.  Provides that when a child who is eligible for special education reaches the majority age of 18 years, rights accorded to the child's parents transfer to the child.  Provides that rights shall not transfer from the parents to the child if the child has been determined to be incompetent under State law or the child has not been determined to be incompetent, but does not have the ability to provide informed consent with respect to the child's educational program.  Requires the State Board of Education to adopt rules establishing criteria for school districts to determine if a child lacks the ability to provide informed consent and uniform procedures for allowing the parents of the child, another adult caregiver, or another responsible adult to exercise rights on behalf of the child.  Effective immediately.
















LRB095 08193 NHT 28361 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0396

LRB095 08193 NHT 28361 b






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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The School Code is amended  by adding Section 
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14-6.10 as follows:
 
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    (105 ILCS 5/14-6.10 new)

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    Sec. 14-6.10. Transfer of parental rights at the age of 
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majority.
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    (a)  When a child who is eligible for special education 
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under this Article reaches the majority age of 18 years, all 
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rights accorded to the child's parents under this Article 
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transfer to the child, except as provided in this Section.  The 
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school district must notify the child and the child's parents 
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of the transfer of rights.  This transfer of rights also applies 
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to children who are incarcerated in an adult or juvenile State 
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or local correctional institution.  Nothing in this Section 
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shall be construed to deny a child with a disability who has 
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reached majority age the right to have an adult of his or her 
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choice, including, but not limited to, a parent, assist the 
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child in making decisions regarding the child's educational 
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program.
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    (b)  Rights shall not transfer from the parents to the child 
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under this Section under either of the following circumstances:
 


 






SB0396
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LRB095 08193 NHT 28361 b




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        (1)  The child with a disability who has reached the age 
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    of majority has been determined to be incompetent under 
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    State law.
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        (2)  The child with a disability who has reached the age 
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    of majority has not been determined to be incompetent, but 
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    does not have the ability to provide informed consent with 
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    respect to the child's educational program. The State Board 
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    of Education shall adopt rules establishing criteria for 
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    school districts to determine if a child lacks the ability 
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    to provide informed consent and uniform procedures for 
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    allowing the parents of the child, another adult caregiver, 
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    or another responsible adult to exercise rights on behalf 
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    of the child.
 

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