Illinois General Assembly - Bill Status for HB2337

Amends the Children with Disabilities Article of the School Code. With respect to impartial due process hearings, provides that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education. Provides that any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court. Effective immediately.

Provides that if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement (rather than providing that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student, if at least 18 years of age or emancipated, or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education and any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court).

Provides that a mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student who is at least 18 years of age or emancipated, the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waives a legal right or claim if (i) the legal right or claim being waived is related only to the student who is the subject of the mediation, resolution meeting, or settlement negotiations, (ii) the legal right or claim being waived is related to the claims raised in the complaint being settled, and (iii) the prospective waiver is for a reasonable duration not to exceed the duration of the mediation agreement, resolution agreement, or settlement agreement (rather than if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement).

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