Full Text of HB1288 98th General Assembly
HB1288eng 98TH GENERAL ASSEMBLY |
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| 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 changing Section | 5 | | 14-8.02a as follows:
| 6 | | (105 ILCS 5/14-8.02a)
| 7 | | Sec. 14-8.02a. Impartial due process hearing; civil | 8 | | action.
| 9 | | (a) This Section
shall apply to all impartial due process | 10 | | hearings requested on or after July
1, 2005. Impartial due | 11 | | process hearings requested before July 1, 2005 shall be | 12 | | governed by the rules described in Public Act 89-652. | 13 | | (a-5) For purposes of this Section and Section 14-8.02b of | 14 | | this Code, days shall be computed in accordance with Section | 15 | | 1.11 of the Statute on Statutes.
| 16 | | (b) The State Board of Education shall establish an | 17 | | impartial due process
hearing system in accordance with this
| 18 | | Section and may, with the advice and approval of the Advisory | 19 | | Council on
Education of Children with Disabilities, promulgate | 20 | | rules and regulations
consistent with this Section to establish | 21 | | the rules and procedures for due process hearings.
| 22 | | (c) (Blank).
| 23 | | (d) (Blank).
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| 1 | | (e) (Blank).
| 2 | | (f) An impartial due process hearing shall be convened upon | 3 | | the request of a
parent, student if at least 18 years of age or | 4 | | emancipated, or a
school district. A school district shall
make | 5 | | a request in writing to the State Board of Education and | 6 | | promptly mail a
copy of the request to the parents or student | 7 | | (if at least 18 years of age or emancipated) at the parent's or | 8 | | student's last
known address. A request made by the parent or | 9 | | student shall be made in writing to the superintendent of the | 10 | | school district where the student resides. The superintendent | 11 | | shall forward the request to the State Board of Education | 12 | | within 5 days after receipt of the request. The request shall | 13 | | be filed no more than 2 years following the date the person or | 14 | | school district knew or should have known of the event or | 15 | | events forming the basis for the request. The request shall, at | 16 | | a minimum, contain all of the following: | 17 | | (1) The name of the student, the address of the | 18 | | student's residence, and the name of the school the student | 19 | | is attending. | 20 | | (2) In the case of homeless children (as defined under | 21 | | the federal McKinney-Vento Homeless Assistance Act (42 | 22 | | U.S.C. 11434a(2)), available contact information for the | 23 | | student and the name of the school the student is | 24 | | attending. | 25 | | (3) A description of the nature of the problem relating | 26 | | to the actual or proposed placement, identification, |
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| 1 | | services, or evaluation of the student, including facts | 2 | | relating to the problem. | 3 | | (4) A proposed resolution of the problem to the extent | 4 | | known and available to the party at the time. | 5 | | (f-5) Within 3 days after receipt of the hearing request,
| 6 | | the State Board of
Education shall appoint a due process | 7 | | hearing officer using a rotating
appointment system and shall | 8 | | notify the hearing officer of his or her
appointment. | 9 | | For a school district other than a school district located | 10 | | in a municipality having a population exceeding 500,000, a | 11 | | hearing officer who is a current resident of the school | 12 | | district, special
education cooperative, or other public | 13 | | entity involved in the hearing shall recuse himself or herself. | 14 | | A hearing officer who is a former employee of the school | 15 | | district, special education cooperative, or other public | 16 | | entity involved in the hearing shall immediately disclose the | 17 | | former employment to the parties and shall recuse himself or | 18 | | herself, unless the parties otherwise agree in writing. A
| 19 | | hearing officer having a personal or professional interest that | 20 | | may conflict
with his or her objectivity in the hearing shall | 21 | | disclose the conflict to the parties and shall recuse himself | 22 | | or herself unless the parties otherwise agree in writing. For | 23 | | purposes of this subsection
an assigned hearing officer shall | 24 | | be considered to have a conflict of interest
if, at any time | 25 | | prior to the issuance of his or her written decision, he or she
| 26 | | knows or should know that he or she may receive remuneration |
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| 1 | | from a party
to the hearing within 3 years following the | 2 | | conclusion of the due process
hearing. | 3 | | A party to a due process hearing shall be permitted one | 4 | | substitution
of hearing officer as a matter of right, in | 5 | | accordance with procedures
established by the rules adopted by | 6 | | the State Board of Education under this
Section. The State | 7 | | Board of Education shall randomly select and appoint
another | 8 | | hearing officer within 3 days after receiving notice that the | 9 | | appointed
hearing officer is ineligible to serve or upon | 10 | | receiving a proper request for
substitution of hearing officer. | 11 | | If a party withdraws its request for a due
process hearing | 12 | | after a hearing officer has been appointed, that hearing
| 13 | | officer shall retain jurisdiction over a subsequent hearing | 14 | | that involves the
same parties and is requested within one year | 15 | | from the date of withdrawal of
the previous request, unless | 16 | | that hearing
officer is unavailable.
| 17 | | Any party may raise
facts that constitute a conflict of | 18 | | interest for the hearing officer at any
time before or during | 19 | | the hearing and may move for recusal.
| 20 | | (g) Impartial due process hearings shall be conducted | 21 | | pursuant to this
Section and any rules and regulations | 22 | | promulgated by the State Board of Education
consistent with | 23 | | this Section and other governing laws and regulations. The | 24 | | hearing shall address only those issues properly raised in the | 25 | | hearing request under subsection (f) of this Section or, if | 26 | | applicable, in the amended hearing request under subsection |
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| 1 | | (g-15) of this Section. The
hearing shall be closed to the | 2 | | public unless the parents request
that the hearing be open to | 3 | | the public. The parents involved in
the hearing shall have the | 4 | | right to have the student who is the subject of the
hearing | 5 | | present. The hearing shall be held at a time and place which | 6 | | are
reasonably convenient to the parties involved. Upon the | 7 | | request of
a party, the hearing officer shall hold the hearing | 8 | | at a location neutral to
the parties if the hearing officer | 9 | | determines that there is no cost for
securing the use of the | 10 | | neutral location. Once appointed, the impartial due
process | 11 | | hearing officer shall not communicate with the State Board of | 12 | | Education
or its employees concerning the
hearing, except that, | 13 | | where circumstances require, communications for
administrative | 14 | | purposes that do not deal with substantive or procedural | 15 | | matters
or issues on the merits are authorized, provided that | 16 | | the hearing officer
promptly notifies all parties of the | 17 | | substance of the communication as a matter
of record. | 18 | | (g-5) Unless the school district has previously provided | 19 | | prior written notice to the parent or student (if at least 18 | 20 | | years of age or emancipated) regarding the subject matter of | 21 | | the hearing request, the school district shall, within 10 days | 22 | | after receiving a hearing request initiated by a parent or | 23 | | student (if at least 18 years of age or emancipated), provide a | 24 | | written response to the request that shall include all of the | 25 | | following: | 26 | | (1) An explanation of why the school district proposed |
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| 1 | | or refused to take the action or actions described in the | 2 | | hearing request. | 3 | | (2) A description of other options the IEP team | 4 | | considered and the reasons why those options were rejected. | 5 | | (3) A description of each evaluation procedure, | 6 | | assessment, record, report, or other evidence the school | 7 | | district used as the basis for the proposed or refused | 8 | | action or actions. | 9 | | (4) A description of the factors that are or were | 10 | | relevant to the school district's proposed or refused | 11 | | action or actions. | 12 | | (g-10) When the hearing request has been initiated by a | 13 | | school district, within 10 days after receiving the request, | 14 | | the parent or student (if at least 18 years of age or | 15 | | emancipated) shall provide the school district with a response | 16 | | that specifically addresses the issues raised in the school | 17 | | district's hearing request. The parent's or student's response | 18 | | shall be provided in writing, unless he or she is illiterate or | 19 | | has a disability that prevents him or her from providing a | 20 | | written response. The parent's or student's response may be | 21 | | provided in his or her native language, if other than English. | 22 | | In the event that illiteracy or another disabling condition | 23 | | prevents the parent or student from providing a written | 24 | | response, the school district shall assist the parent or | 25 | | student in providing the written response. | 26 | | (g-15) Within 15 days after receiving notice of the hearing |
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| 1 | | request, the non-requesting party may challenge the | 2 | | sufficiency of the request by submitting its challenge in | 3 | | writing to the hearing officer. Within 5 days after receiving | 4 | | the challenge to the sufficiency of the request, the hearing | 5 | | officer shall issue a determination of the challenge in writing | 6 | | to the parties. In the event that the hearing officer upholds | 7 | | the challenge, the party who requested the hearing may, with | 8 | | the consent of the non-requesting party or hearing officer, | 9 | | file an amended request. Amendments are permissible for the | 10 | | purpose of raising issues beyond those in the initial hearing | 11 | | request. In addition, the party who requested the hearing may | 12 | | amend the request once as a matter of right by filing the | 13 | | amended request within 5 days after filing the initial request. | 14 | | An amended request, other than an amended request as a matter | 15 | | of right, shall be filed by the date determined by the hearing | 16 | | officer, but in no event any later than 5 days prior to the | 17 | | date of the hearing. If an amended request, other than an | 18 | | amended request as a matter of right, raises issues that were | 19 | | not part of the initial request, the applicable timeline for a | 20 | | hearing, including the timeline under subsection (g-20) of this | 21 | | Section, shall recommence. | 22 | | (g-20) Within 15 days after receiving a request for a | 23 | | hearing from a parent or student (if at least 18 years of age | 24 | | or emancipated) or, in the event that the school district | 25 | | requests a hearing, within 15 days after initiating the | 26 | | request, the school district shall convene a resolution meeting |
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| 1 | | with the parent and relevant members of the IEP team who have | 2 | | specific knowledge of the facts contained in the request for | 3 | | the purpose of resolving the problem that resulted in the | 4 | | request. The resolution meeting shall include a representative | 5 | | of the school district who has decision-making authority on | 6 | | behalf of the school district. Unless the parent is accompanied | 7 | | by an attorney at the resolution meeting, the school district | 8 | | may not include an attorney representing the school district. | 9 | | The resolution meeting may not be waived unless agreed to | 10 | | in writing by the school district and the parent or student (if | 11 | | at least 18 years of age or emancipated) or the parent or | 12 | | student (if at least 18 years of age or emancipated) and the | 13 | | school district agree in writing to utilize mediation in place | 14 | | of the resolution meeting. If either party fails to cooperate | 15 | | in the scheduling or convening of the resolution meeting, the | 16 | | hearing officer may order an extension of the timeline for | 17 | | completion of the resolution meeting or, upon the motion of a | 18 | | party and at least 7 days after ordering the non-cooperating | 19 | | party to cooperate, order the dismissal of the hearing request | 20 | | or the granting of all relief set forth in the request, as | 21 | | appropriate. | 22 | | In the event that the school district and the parent or | 23 | | student (if at least 18 years of age or emancipated) agree to a | 24 | | resolution of the problem that resulted in the hearing request, | 25 | | the terms of the resolution shall be committed to writing and | 26 | | signed by the parent or student (if at least 18 years of age or |
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| 1 | | emancipated) and the representative of the school district with | 2 | | decision-making authority. The agreement shall be legally | 3 | | binding and shall be enforceable in any State or federal court | 4 | | of competent jurisdiction. In the event that the parties | 5 | | utilize the resolution meeting process, the process shall | 6 | | continue until no later than the 30th day following the receipt | 7 | | of the hearing request by the non-requesting party (or as | 8 | | properly extended by order of the hearing officer) to resolve | 9 | | the issues underlying the request, at which time the timeline | 10 | | for completion of the impartial due process hearing shall | 11 | | commence. The State Board of Education may, by rule, establish | 12 | | additional procedures for the conduct of resolution meetings. | 13 | | (g-25) If mutually agreed to in writing, the parties to a | 14 | | hearing request may request State-sponsored mediation as a | 15 | | substitute for the resolution process described in subsection | 16 | | (g-20) of this Section or may utilize mediation at the close of | 17 | | the resolution process if all issues underlying the hearing | 18 | | request have not been resolved through the resolution process. | 19 | | (g-30) If mutually agreed to in writing, the parties to a | 20 | | hearing request may waive the resolution process described in | 21 | | subsection (g-20) of this Section. Upon signing a written | 22 | | agreement to waive the resolution process, the parties shall be | 23 | | required to forward the written waiver to the hearing officer | 24 | | appointed to the case within 2 business days following the | 25 | | signing of the waiver by the parties. The timeline for the | 26 | | impartial due process hearing shall commence on the date of the |
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| 1 | | signing of the waiver by the parties. | 2 | | (g-35) The timeline for completing the impartial due | 3 | | process hearing, as set forth in subsection (h) of this | 4 | | Section, shall be initiated upon the occurrence of any one of | 5 | | the following events: | 6 | | (1) The unsuccessful completion of the resolution | 7 | | process as described in subsection (g-20) of this Section. | 8 | | (2) The mutual agreement of the parties to waive the | 9 | | resolution process as described in subsection (g-25) or | 10 | | (g-30) of this Section.
| 11 | | (g-40) The hearing officer shall convene a prehearing | 12 | | conference no later than 14
days before the scheduled date for | 13 | | the due process hearing for the general
purpose of aiding in | 14 | | the fair, orderly, and expeditious conduct of the hearing.
The | 15 | | hearing officer shall provide the parties with written notice | 16 | | of the
prehearing conference at least 7 days in advance of the | 17 | | conference. The
written notice shall require the parties to | 18 | | notify the hearing officer by a
date certain whether they | 19 | | intend to participate in the prehearing conference.
The hearing | 20 | | officer may conduct the prehearing conference in person or by
| 21 | | telephone. Each party shall at the prehearing conference (1) | 22 | | disclose whether
it is represented by legal counsel or intends | 23 | | to retain legal counsel; (2) clarify
matters it believes to be | 24 | | in dispute in the case and the specific relief
being sought; | 25 | | (3) disclose whether there are any additional evaluations for | 26 | | the student
that it intends to
introduce into the
hearing |
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| 1 | | record that have not been previously disclosed to the other | 2 | | parties;
(4) disclose a list of all documents it intends to | 3 | | introduce into the hearing record,
including the date and a | 4 | | brief description of each document; and (5) disclose the names
| 5 | | of all witnesses it intends to call to testify at the hearing. | 6 | | The hearing
officer shall specify the order of presentation to | 7 | | be used at the hearing. If
the
prehearing conference is held by | 8 | | telephone, the parties shall transmit the
information required | 9 | | in this paragraph in such a manner that it is available to
all | 10 | | parties at the time of the prehearing conference. The State | 11 | | Board of
Education may, by
rule, establish additional | 12 | | procedures for the conduct of prehearing
conferences.
| 13 | | (g-45) The
impartial due process hearing officer shall not | 14 | | initiate or participate in any
ex parte communications with the | 15 | | parties, except to arrange the date, time,
and location of the | 16 | | prehearing conference, due process hearing, or other status | 17 | | conferences convened at the discretion of the hearing officer
| 18 | | and to
receive confirmation of whether a party intends to | 19 | | participate in the
prehearing conference. | 20 | | (g-50) The parties shall disclose and provide to each other
| 21 | | any evidence which they intend to submit into the hearing | 22 | | record no later than
5 days before the hearing. Any party to a | 23 | | hearing has the right to prohibit
the introduction of any | 24 | | evidence at the hearing that has not been disclosed to
that | 25 | | party at least 5 days before the hearing. The party requesting | 26 | | a hearing shall not be permitted at the hearing to raise issues |
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| 1 | | that were not raised in the party's initial or amended request, | 2 | | unless otherwise permitted in this Section.
| 3 | | (g-55) All reasonable efforts must be made by the parties | 4 | | to present their respective cases at the hearing within a | 5 | | cumulative period of 7 days. When scheduling hearing dates, the | 6 | | hearing officer shall schedule the final day of the hearing no | 7 | | more than 30 calendar days after the first day of the hearing | 8 | | unless good cause is shown. This subsection (g-55) shall not be | 9 | | applied in a manner that (i) denies any party to the hearing a | 10 | | fair and reasonable allocation of time and opportunity to | 11 | | present its case in its entirety or (ii) deprives any party to | 12 | | the hearing of the safeguards accorded under the federal | 13 | | Individuals with Disabilities Education Improvement Act of | 14 | | 2004 (Public Law 108-446), regulations promulgated under the | 15 | | Individuals with Disabilities Education Improvement Act of | 16 | | 2004, or any other applicable law. The school district shall | 17 | | present evidence that the special education needs
of the child | 18 | | have been appropriately identified and that the special | 19 | | education
program and related services proposed to meet the | 20 | | needs of the child are
adequate, appropriate, and available. | 21 | | Any party to the hearing shall have the
right to (1) be | 22 | | represented
by counsel and be accompanied and advised by | 23 | | individuals with special knowledge
or training with respect to | 24 | | the problems of children with disabilities, at the
party's own | 25 | | expense; (2) present evidence and confront and cross-examine
| 26 | | witnesses; (3) move for the exclusion of witnesses from the |
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| 1 | | hearing until they
are called to testify, provided, however, | 2 | | that this provision may not be
invoked to exclude the | 3 | | individual designated by a party to assist that party or
its | 4 | | representative in the presentation of the case; (4) obtain a | 5 | | written or
electronic verbatim record of
the proceedings within | 6 | | 30 days of receipt of a written request from the parents
by the | 7 | | school district; and (5) obtain a written decision, including | 8 | | findings
of fact and conclusions of law, within 10 days after | 9 | | the conclusion of the
hearing.
If at issue, the school district | 10 | | shall present evidence that it has
properly identified and | 11 | | evaluated the nature and
severity of the student's suspected or | 12 | | identified disability and that, if the
student has been or | 13 | | should have been determined eligible for special education
and | 14 | | related services, that it is providing or has offered a free | 15 | | appropriate
public education to the student in the least | 16 | | restrictive environment,
consistent with
procedural safeguards | 17 | | and in accordance with an individualized educational
program.
| 18 | | At any time prior to the conclusion of the hearing, the | 19 | | impartial due
process hearing officer shall have the authority | 20 | | to require additional
information and order independent | 21 | | evaluations for the
student at the expense of the school | 22 | | district. The State Board of Education
and the school district | 23 | | shall share equally the costs of providing a written or
| 24 | | electronic verbatim record of the proceedings. Any party may | 25 | | request that the
due process hearing officer issue a subpoena | 26 | | to compel the testimony of
witnesses or the production of |
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| 1 | | documents relevant to the
resolution of the hearing. Whenever a | 2 | | person refuses to comply with any
subpoena issued under this | 3 | | Section, the circuit court of the county in which
that hearing | 4 | | is pending, on application of the impartial hearing officer or | 5 | | the
party requesting the issuance of the subpoena, may compel | 6 | | compliance through
the contempt powers of
the court in the same | 7 | | manner as if the requirements of a subpoena issued by the
court | 8 | | had been disobeyed.
| 9 | | (h) The impartial hearing officer shall issue a written | 10 | | decision, including
findings of fact and conclusions of law, | 11 | | within 10 days after the
conclusion of the hearing and send by | 12 | | certified mail a copy of the decision to the parents
or student | 13 | | (if the student requests the hearing), the school
district, the | 14 | | director of special education, legal representatives of the
| 15 | | parties, and the State Board of Education. Unless the hearing | 16 | | officer has
granted specific extensions of time at the request | 17 | | of a party, a final
decision, including the clarification of a | 18 | | decision requested under this
subsection, shall be reached and | 19 | | mailed to the parties named above not later
than 45 days after | 20 | | the initiation of the timeline for conducting the hearing, as | 21 | | described in subsection (g-35) of this Section. The
decision | 22 | | shall specify the educational and related services that shall | 23 | | be
provided to the student in accordance with the student's | 24 | | needs and the timeline for which the school district shall | 25 | | submit evidence to the State Board of Education to demonstrate | 26 | | compliance with the hearing officer's decision in the event |
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| 1 | | that the decision orders the school district to undertake | 2 | | corrective action.
The hearing officer shall retain | 3 | | jurisdiction for the sole purpose of
considering a request for | 4 | | clarification of the final decision submitted in
writing by a | 5 | | party to the impartial hearing officer within 5 days after | 6 | | receipt
of the decision.
A copy of the request for | 7 | | clarification shall specify the portions of the
decision for | 8 | | which clarification is sought and shall be mailed to all | 9 | | parties
of record and to the State Board of Education. The | 10 | | request shall
operate to stay implementation of those portions | 11 | | of the decision for which
clarification is sought, pending | 12 | | action on the request by the hearing officer,
unless the | 13 | | parties otherwise agree. The hearing officer shall issue a
| 14 | | clarification of the specified portion of the decision or issue | 15 | | a partial or
full denial of the request in writing within 10 | 16 | | days of receipt of the request
and mail copies to all parties | 17 | | to whom the decision was mailed. This
subsection does not | 18 | | permit a party to request, or authorize a hearing officer
to | 19 | | entertain, reconsideration of the decision itself. The statute | 20 | | of
limitations for seeking review of the decision shall be | 21 | | tolled from the date
the request is submitted until the date | 22 | | the hearing officer acts upon the
request. The hearing | 23 | | officer's decision shall be binding upon the school district
| 24 | | and the parents unless a civil action is commenced.
| 25 | | (h-5) The State Board of Education shall adopt State | 26 | | complaint procedures, consistent with Sections 300.151, |
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| 1 | | 300.152, and 300.153 of Title 34 of the Code of Federal | 2 | | Regulations. The State Board of Education, by rule, shall | 3 | | establish State complaint procedures consistent with this | 4 | | Section. The school district or other public entity shall be | 5 | | required to submit a written response to the complaint within | 6 | | the time prescribed by the State Board of Education following | 7 | | receipt of the complaint. A copy of the response and all | 8 | | documentation submitted by the respondent to the State Board of | 9 | | Education must be simultaneously provided by the respondent to | 10 | | the complainant or to the attorney for the complainant. If the | 11 | | complaint was filed by an individual other than a parent of a | 12 | | child who is the subject of the complaint (or the child if the | 13 | | child has reached majority or is emancipated and has assumed | 14 | | responsibility for his or her own educational decisions) and | 15 | | the complaint is about a specific identifiable child or | 16 | | children, then appropriate written signed releases must be | 17 | | obtained prior to the release of any documentation or | 18 | | information to the complainant or the attorney representing the | 19 | | complainant. | 20 | | (i) Any party to an impartial due process hearing aggrieved | 21 | | by the final
written decision of the impartial due process | 22 | | hearing officer shall have the
right to commence a civil action | 23 | | with respect to the issues presented in the
impartial due | 24 | | process hearing. That civil action shall be brought in any
| 25 | | court of competent jurisdiction within
120 days after a copy of | 26 | | the
decision of the impartial due process hearing officer is |
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| 1 | | mailed to the party as
provided in
subsection (h). The civil | 2 | | action authorized by this subsection shall not be
exclusive of | 3 | | any rights or causes of action otherwise
available. The | 4 | | commencement of a civil action under this subsection shall
| 5 | | operate as a supersedeas. In any action brought under this | 6 | | subsection the
Court shall receive the records of the impartial | 7 | | due process hearing, shall
hear additional evidence at the | 8 | | request of a party, and, basing its decision on
the | 9 | | preponderance of the evidence, shall grant such relief as the | 10 | | court
determines is appropriate. In any instance where a school | 11 | | district willfully
disregards applicable regulations or | 12 | | statutes regarding a child covered by this
Article, and which | 13 | | disregard has been detrimental to the child, the school
| 14 | | district shall be liable for any reasonable attorney's fees | 15 | | incurred by the
parent in connection with proceedings under | 16 | | this Section.
| 17 | | (j) During the pendency of any administrative or judicial | 18 | | proceeding
conducted
pursuant to this Section, including | 19 | | mediation (if the school district or other public entity | 20 | | voluntarily agrees to participate in mediation), unless the | 21 | | school district and the
parents or student (if at least 18 | 22 | | years of age or emancipated) otherwise agree, the student shall | 23 | | remain in
his or her present educational placement and continue | 24 | | in his or her present
eligibility status and special education | 25 | | and related services, if any. If mediation fails to resolve the | 26 | | dispute between the parties, the parent (or student if 18 years |
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| 1 | | of age or older or emancipated) shall have 10 days after the | 2 | | mediation concludes to file a request for a due process hearing | 3 | | in order to continue to invoke the "stay-put" provisions of | 4 | | this subsection (j). If the
hearing officer orders a change in | 5 | | the eligibility status, educational
placement, or special | 6 | | education and related services of the student, that
change | 7 | | shall not be implemented until 30 days have elapsed following | 8 | | the date
the hearing officer's
decision is mailed to the | 9 | | parties in order to allow any party aggrieved by the
decision | 10 | | to commence a civil action to stay
implementation of the | 11 | | decision. If applying for initial admission to the
school | 12 | | district, the student shall, with the consent of the parents | 13 | | (if the student is not at least 18 years of age or | 14 | | emancipated), be placed in the school district program until | 15 | | all such proceedings
have been completed. The costs for any | 16 | | special education and related services
or placement incurred | 17 | | following 60 school days after the initial request for
| 18 | | evaluation shall be borne by the school district if the | 19 | | services or placement
is in accordance with the final | 20 | | determination as to the special education and
related services | 21 | | or placement that must be provided to the child, provided that
| 22 | | during that 60 day period there have been no delays caused by | 23 | | the child's
parent.
| 24 | | (k) Whenever the parents of a child of the type described | 25 | | in
Section 14-1.02 are not known, are unavailable, or the child | 26 | | is a ward of the
State, a person shall be assigned to serve as |
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| 1 | | surrogate parent for the child in
matters relating to the | 2 | | identification, evaluation, and educational placement
of the | 3 | | child and the provision of a free appropriate public education | 4 | | to the
child. Persons shall be assigned as surrogate parents by | 5 | | the State
Superintendent of Education. The State Board of | 6 | | Education shall promulgate
rules and regulations establishing | 7 | | qualifications of those persons and their
responsibilities and | 8 | | the procedures to be followed in making assignments of
persons | 9 | | as surrogate parents.
Surrogate parents shall not be employees | 10 | | of the school district, an agency
created by joint agreement | 11 | | under Section 10-22.31, an agency involved in the
education or | 12 | | care of the student, or the State Board of Education.
Services | 13 | | of any person assigned as surrogate parent shall terminate if | 14 | | the
parent
becomes available unless otherwise requested by the | 15 | | parents
. The assignment of a person as surrogate parent at no | 16 | | time
supersedes, terminates, or suspends the parents' legal | 17 | | authority
relative to the child. Any person participating in | 18 | | good faith as surrogate
parent on behalf of the child before | 19 | | school officials or a hearing officer
shall have immunity from | 20 | | civil or criminal liability that otherwise might
result by | 21 | | reason of that participation, except in cases of willful and
| 22 | | wanton misconduct.
| 23 | | (l) At all stages of the hearing the hearing officer shall | 24 | | require that
interpreters be made available by the school | 25 | | district for persons who are deaf
or for persons whose normally | 26 | | spoken language is other than English.
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| 1 | | (m) If any provision of this Section or its application to | 2 | | any person or
circumstance is held invalid, the invalidity of | 3 | | that provision or application
does not affect other provisions | 4 | | or applications of the Section that can be
given effect without | 5 | | the invalid application or provision, and to this end the
| 6 | | provisions of this Section are severable, unless otherwise | 7 | | provided by this
Section.
| 8 | | (Source: P.A. 94-1100, eff. 2-2-07.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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