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

HB2748ham001 102ND GENERAL ASSEMBLY

Rep. Suzanne Ness

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2748

2    AMENDMENT NO. ______. Amend House Bill 2748 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB2748ham001- 2 -LRB102 05136 CMG 25312 a

1achieving their transition goals, and have lost or will lose
2eligibility by the end of the regular 2021-2022 school year.
3    (b) Accordingly, these students or, if applicable, their
4guardians or designated representatives, shall be afforded the
5option of extending the student's eligibility through the end
6of the regular 2021-2022 school year to provide the student
7with an opportunity to participate in post-secondary
8transition activities and services and pursue the goals under
9the student's most recent individualized education program
10(IEP). Nothing in this Section shall be construed to restrict
11the student's IEP team, including the student and the
12student's guardian or designated representative, from
13modifying the student's IEP goals or developing new goals to
14address regression or newly identified student needs during
15the period of extended eligibility. If a program, service,
16activity, or placement provided in the student's most recent
17IEP is no longer available, the student's IEP team shall
18convene a meeting to consider comparable services that address
19appropriate transition goals for the student. A request to opt
20for an extension of eligibility must be submitted to the
21school district no later than December 1, 2021. Services shall
22resume no later than 10 school days after receipt of the
23request for an extension of eligibility.
24    (c) If a student or guardian or designated representative
25opts for an extension of eligibility under this Section, that
26person waives any claims for compensatory services due to

 

 

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1events that occurred between March 17, 2020 and the resumption
2of services in the 2021-2022 school year.
3    (d) A student or, if applicable, a student's guardian or
4designated representative who chooses not to opt for an
5additional year of eligibility must be notified of the right
6to request a meeting with the student's IEP team to discuss the
7student's need for compensatory services. The meeting must
8occur no later than November 15, 2021. If the student,
9guardian, or designated representative disagrees with the
10outcome of the IEP meeting, the student, guardian, or
11designated representative shall have the option of (i)
12extending the student's eligibility under this Section or (ii)
13seeking relief through the procedural safeguards available
14under the federal Individuals with Disabilities Education Act
15and this Code for resolving disputes, including mediation, due
16process, or State complaint.
17    (e) The special education and related services, including
18transition services, provided under this Section shall, to the
19extent allowed, be paid for from the moneys received by the
20State or school district under the federal Coronavirus Aid,
21Relief, and Economic Security Act, the federal Coronavirus
22Response and Relief Supplemental Appropriations Act, the
23federal American Rescue Plan Act of 2021, or any other federal
24funding provided to address the impact of the COVID-19
25pandemic on elementary and secondary schools and students, as
26funds become available.

 

 

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1    (f) Each school district shall provide written
2notification of the options under this Section to each student
3to whom this Section applies or the student's guardian or
4designated representative within 30 days after the effective
5date of this amendatory Act of the 102nd General Assembly. The
6notification shall be mailed to the last known address of the
7student, or, if applicable, of the student's guardian or
8designated representative, and shall be identical to or
9substantially the same as the following form:
 
10
NOTIFICATION TO STUDENT AND GUARDIAN/DESIGNATED
11
REPRESENTATIVE OF EXTENDED SPECIAL EDUCATION
12
ELIGIBILITY OPTIONS DUE TO COVID-19

 
13DATE: (INSERT DATE)
14STUDENT'S NAME: (INSERT NAME)
15STUDENT'S ADDRESS: (INSERT ADDRESS)
16STUDENT'S DATE OF BIRTH: (INSERT DATE OF BIRTH)
 
17Dear (INSERT NAME OF STUDENT AND GUARDIAN/DESIGNATED
18REPRESENTATIVE):
 
19    A new Illinois law gives certain students the option of
20extending their special education eligibility due to the
21COVID-19 public health emergency that has limited in-person
22transition activities and services. The extended period of

 

 

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1eligibility lasts up to the end of the regular 2021-2022
2school year and is intended to allow the student to continue
3the student's participation in IEP activities, receive IEP
4services, and pursue IEP goals according to the IEP that was in
5effect immediately before the student's 22nd birthday. The
6student's IEP team, which includes the student and the
7student's guardian or designated representative, may agree to
8modify the student's goals or IEP activities or goals to
9address loss of progress during the COVID-19 pandemic or to
10write new goals to address newly identified student needs.
11    You have the right to request a meeting with the IEP team
12to discuss compensatory services.
13    To qualify for extended eligibility, the student must meet
14the following requirements:
15        1. The student reached or will reach age 22 between
16    March 17, 2020 and the end of the 2021-2022 school year.
17        2. The student had an IEP in effect on the day before
18    the student's 22nd birthday.
19        3. The student or the student's guardian or designated
20    representative waives any claims the student may have for
21    compensatory services due to events that occurred between
22    March 17, 2020 and the date the student's IEP services and
23    activities resume in the 2021-2022 school year.
 
24( ) BY CHECKING THIS BOX AND RETURNING THIS DOCUMENT ON OR
25BEFORE DECEMBER 1, 2021, THE STUDENT OR THE STUDENT'S GUARDIAN

 

 

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1OR DESIGNATED REPRESENTATIVE CHOOSES THE OPTION OF EXTENDING
2THE STUDENT'S ELIGIBILITY FOR SPECIAL EDUCATION UNTIL THE END
3OF THE 2021-2022 SCHOOL YEAR AND UNDERSTANDS THEY ARE WAIVING
4ANY CLAIMS FOR COMPENSATORY SERVICES THAT AROSE DUE TO EVENTS
5THAT OCCURRED BETWEEN MARCH 17, 2020 AND THE DATE SERVICES ARE
6RESUMED IN THE 2021-2022 SCHOOL YEAR.
 
7IF YOU DO NOT CHECK THE BOX ABOVE YOU DO NOT WAIVE ANY CLAIMS
8FOR COMPENSATORY SERVICES AND MAY SEEK RELIEF THROUGH THE
9PROCEDURAL SAFEGUARDS AVAILABLE UNDER IDEA AND THE ILLINOIS
10SCHOOL CODE, INCLUDING AN IEP TEAM MEETING, MEDIATION, STATE
11COMPLAINT, OR DUE PROCESS.
 
12IN ADDITION, IF YOU DO NOT CHECK THE BOX ABOVE, THE SCHOOL
13DISTRICT MUST SCHEDULE AND HOLD AN IEP MEETING NO LATER THAN
14NOVEMBER 15, 2021 IF YOU REQUEST A MEETING TO CONSIDER
15COMPENSATORY SERVICES FOR THE STUDENT DUE TO THE COVID-19
16PUBLIC HEALTH EMERGENCY.
 
17IF YOU ARE NOT SATISFIED WITH THE OUTCOME OF THE IEP MEETING,
18YOU CONTINUE TO HAVE THE OPTION OF CHECKING THE BOX AND
19RETURNING THIS DOCUMENT TO THE SCHOOL DISTRICT ON OR BEFORE
20DECEMBER 1, 2021 TO RECEIVE AN EXTENSION OF ELIGIBILITY UP TO
21THE END OF THE REGULAR 2021-2022 SCHOOL YEAR.
 
22IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT ME

 

 

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1AT (INSERT PHONE NUMBER AND E-MAIL ADDRESS).
 
2SINCERELY,
 
3(INSERT NAME)
 
4(INSERT TITLE)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".