Bill Text: IL HB2157 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2025-01-07 - Session Sine Die [HB2157 Detail]

Download: Illinois-2023-HB2157-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2157 Introduced , by Rep. Gregg Johnson SYNOPSIS AS INTRODUCED:
New Act
Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Respond, Innovate, Succeed, and Empower Act.
Section 5. Definition. For purposes of this Act, "public
institution of higher education" means the University of
Illinois, Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, a public community college of this State, or any
other public university, college, or community college now or
hereafter established or authorized by the General Assembly.
Section 10. Students with disabilities policy and
documentation; dissemination of information.
(a) Each public institution of higher education shall
adopt a policy that makes any of the documentation described
in subsection (b) submitted by an enrolled or admitted student
sufficient to establish that the student is an individual with
a disability.
(b) The policy adopted under subsection (a) must provide

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that any of the following documentation submitted by an
enrolled or admitted student is sufficient to establish that
the student is an individual with a disability:
(1) Documentation that the individual has had an
individualized education program (IEP) in accordance with
Section 614(d) of the federal Individuals with
Disabilities Education Act, including an IEP that may not
be current on the date of the determination that the
individual has a disability. The public institution of
higher education may request additional documentation from
an individual who had an IEP but who was subsequently
evaluated and determined to be ineligible for services
under the federal Individuals with Disabilities Education
Act, including an individual determined to be ineligible
during elementary school.
(2) Documentation describing services or
accommodations provided to the individual pursuant to
Section 504 of the federal Rehabilitation Act of 1973,
commonly known as a "Section 504 plan".
(3) A plan or record of service for the individual
from a private school, a local educational agency, a State
educational agency, or an institution of higher education
provided in accordance with the federal Americans with
Disabilities Act of 1990.
(4) A record or evaluation from a relevant licensed
professional finding that the individual has a disability.

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(5) A plan or record of disability from another
institution of higher education.
(6) Documentation of a disability due to military
service in the uniformed services.
(c) The policy adopted under subsection (a) must be
transparent and explicit regarding information about the
process by which the public institution of higher education
determines eligibility for accommodations for an individual
with a disability. Each public institution of higher education
shall disseminate such information to students, parents, and
faculty in accessible formats, including during any student
orientation, and make the information readily available on a
public website of the institution.
(d) A public institution of higher education may establish
less burdensome criteria than the criteria described in this
Section to establish whether an enrolled or admitted student
is an individual with a disability.
Section 15. Establishment of reasonable accommodation. A
public institution of higher education shall engage in an
interactive process to establish a reasonable accommodation,
including requesting additional documentation, if needed, for
an individual pursuant to Section 504 of the federal
Rehabilitation Act of 1973 and the federal Americans with
Disabilities Act of 1990.

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Section 90. Construction with federal law. Nothing in this
Act shall be construed to conflict with the terms "reasonable
accommodation" and "record of such an impairment" under the
federal Americans with Disabilities Act of 1990 or the rights
or remedies provided under the federal Americans with
Disabilities Act of 1990.