Illinois General Assembly - Full Text of HB2748
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Full Text of HB2748  102nd General Assembly

HB2748eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2748 EngrossedLRB102 05136 CMG 15157 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
514-17 as follows:
 
6    (105 ILCS 5/14-17 new)
7    Sec. 14-17. COVID-19 post-secondary transition recovery
8eligibility.
9    (a) Eligible students who reached or will reach their 22nd
10birthday between March 17, 2020 and the end of the 2021-2022
11school year have been and will be uniquely impacted by the
12COVID-19 pandemic and resulting closures or significant
13limitations on in-person instruction, activities, and
14services. These students have had limited or no opportunity to
15engage in the in-person activities and services required by
16their individualized education programs, have been limited in
17achieving their transition goals, and have lost or will lose
18eligibility by the end of the regular 2021-2022 school year.
19    (b) Accordingly, these students or, if applicable, their
20guardians or designated representatives, shall be afforded the
21option of extending the student's eligibility through the end
22of the regular 2021-2022 school year to provide the student
23with an opportunity to participate in post-secondary

 

 

HB2748 Engrossed- 2 -LRB102 05136 CMG 15157 b

1transition activities and services and pursue the goals under
2the student's most recent individualized education program
3(IEP). Nothing in this Section shall be construed to restrict
4the student's IEP team, including the student and the
5student's guardian or designated representative, from
6modifying the student's IEP goals or developing new goals to
7address regression or newly identified student needs during
8the period of extended eligibility. If a program, service,
9activity, or placement provided in the student's most recent
10IEP is no longer available, the student's IEP team shall
11convene a meeting to consider comparable services that address
12appropriate transition goals for the student. A request to opt
13for an extension of eligibility must be submitted to the
14school district no later than December 1, 2021. Services shall
15resume no later than 10 school days after receipt of the
16request for an extension of eligibility.
17    (c) If a student or guardian or designated representative
18opts for an extension of eligibility under this Section, that
19person waives any claims for compensatory services due to
20events that occurred between March 17, 2020 and the resumption
21of services in the 2021-2022 school year.
22    (d) A student or, if applicable, a student's guardian or
23designated representative who chooses not to opt for an
24additional year of eligibility must be notified of the right
25to request a meeting with the student's IEP team to discuss the
26student's need for compensatory services. The meeting must

 

 

HB2748 Engrossed- 3 -LRB102 05136 CMG 15157 b

1occur no later than November 15, 2021. If the student,
2guardian, or designated representative disagrees with the
3outcome of the IEP meeting, the student, guardian, or
4designated representative shall have the option of (i)
5extending the student's eligibility under this Section or (ii)
6seeking relief through the procedural safeguards available
7under the federal Individuals with Disabilities Education Act
8and this Code for resolving disputes, including mediation, due
9process, or State complaint.
10    (e) The special education and related services, including
11transition services, provided under this Section shall, to the
12extent allowed, be paid for from the moneys received by the
13State or school district under the federal Coronavirus Aid,
14Relief, and Economic Security Act, the federal Coronavirus
15Response and Relief Supplemental Appropriations Act, the
16federal American Rescue Plan Act of 2021, or any other federal
17funding provided to address the impact of the COVID-19
18pandemic on elementary and secondary schools and students, as
19funds become available.
20    (f) Each school district shall provide written
21notification of the options under this Section to each student
22to whom this Section applies or the student's guardian or
23designated representative within 30 days after the effective
24date of this amendatory Act of the 102nd General Assembly. The
25notification shall be mailed to the last known address of the
26student, or, if applicable, of the student's guardian or

 

 

HB2748 Engrossed- 4 -LRB102 05136 CMG 15157 b

1designated representative, and shall be identical to or
2substantially the same as the following form:
 
3
NOTIFICATION TO STUDENT AND GUARDIAN/DESIGNATED
4
REPRESENTATIVE OF EXTENDED SPECIAL EDUCATION
5
ELIGIBILITY OPTIONS DUE TO COVID-19

 
6DATE: (INSERT DATE)
7STUDENT'S NAME: (INSERT NAME)
8STUDENT'S ADDRESS: (INSERT ADDRESS)
9STUDENT'S DATE OF BIRTH: (INSERT DATE OF BIRTH)
 
10Dear (INSERT NAME OF STUDENT AND GUARDIAN/DESIGNATED
11REPRESENTATIVE):
 
12    A new Illinois law gives certain students the option of
13extending their special education eligibility due to the
14COVID-19 public health emergency that has limited in-person
15transition activities and services. The extended period of
16eligibility lasts up to the end of the regular 2021-2022
17school year and is intended to allow the student to continue
18the student's participation in IEP activities, receive IEP
19services, and pursue IEP goals according to the IEP that was in
20effect immediately before the student's 22nd birthday. The
21student's IEP team, which includes the student and the
22student's guardian or designated representative, may agree to

 

 

HB2748 Engrossed- 5 -LRB102 05136 CMG 15157 b

1modify the student's goals or IEP activities or goals to
2address loss of progress during the COVID-19 pandemic or to
3write new goals to address newly identified student needs.
4    You have the right to request a meeting with the IEP team
5to discuss compensatory services.
6    To qualify for extended eligibility, the student must meet
7the following requirements:
8        1. The student reached or will reach age 22 between
9    March 17, 2020 and the end of the 2021-2022 school year.
10        2. The student had an IEP in effect on the day before
11    the student's 22nd birthday.
12        3. The student or the student's guardian or designated
13    representative waives any claims the student may have for
14    compensatory services due to events that occurred between
15    March 17, 2020 and the date the student's IEP services and
16    activities resume in the 2021-2022 school year.
 
17( ) BY CHECKING THIS BOX AND RETURNING THIS DOCUMENT ON OR
18BEFORE DECEMBER 1, 2021, THE STUDENT OR THE STUDENT'S GUARDIAN
19OR DESIGNATED REPRESENTATIVE CHOOSES THE OPTION OF EXTENDING
20THE STUDENT'S ELIGIBILITY FOR SPECIAL EDUCATION UNTIL THE END
21OF THE 2021-2022 SCHOOL YEAR AND UNDERSTANDS THEY ARE WAIVING
22ANY CLAIMS FOR COMPENSATORY SERVICES THAT AROSE DUE TO EVENTS
23THAT OCCURRED BETWEEN MARCH 17, 2020 AND THE DATE SERVICES ARE
24RESUMED IN THE 2021-2022 SCHOOL YEAR.
 

 

 

HB2748 Engrossed- 6 -LRB102 05136 CMG 15157 b

1IF YOU DO NOT CHECK THE BOX ABOVE YOU DO NOT WAIVE ANY CLAIMS
2FOR COMPENSATORY SERVICES AND MAY SEEK RELIEF THROUGH THE
3PROCEDURAL SAFEGUARDS AVAILABLE UNDER IDEA AND THE ILLINOIS
4SCHOOL CODE, INCLUDING AN IEP TEAM MEETING, MEDIATION, STATE
5COMPLAINT, OR DUE PROCESS.
 
6IN ADDITION, IF YOU DO NOT CHECK THE BOX ABOVE, THE SCHOOL
7DISTRICT MUST SCHEDULE AND HOLD AN IEP MEETING NO LATER THAN
8NOVEMBER 15, 2021 IF YOU REQUEST A MEETING TO CONSIDER
9COMPENSATORY SERVICES FOR THE STUDENT DUE TO THE COVID-19
10PUBLIC HEALTH EMERGENCY.
 
11IF YOU ARE NOT SATISFIED WITH THE OUTCOME OF THE IEP MEETING,
12YOU CONTINUE TO HAVE THE OPTION OF CHECKING THE BOX AND
13RETURNING THIS DOCUMENT TO THE SCHOOL DISTRICT ON OR BEFORE
14DECEMBER 1, 2021 TO RECEIVE AN EXTENSION OF ELIGIBILITY UP TO
15THE END OF THE REGULAR 2021-2022 SCHOOL YEAR.
 
16IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT ME
17AT (INSERT PHONE NUMBER AND E-MAIL ADDRESS).
 
18SINCERELY,
 
19(INSERT NAME)
 
20(INSERT TITLE)
 

 

 

HB2748 Engrossed- 7 -LRB102 05136 CMG 15157 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.