Bill Text: IL HB5214 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes: In provisions concerning notification of services under Section 504 of the federal Rehabilitation Act of 1973, provides that the notice shall also state that any parent who is deaf or does not typically communicate using spoken English and who participates in a Section 504 meeting with a representative of a local educational agency shall be entitled to the services of an interpreter. Removes the amendatory language that provides that those who attend a 504 meeting, a mediation session, or a due process hearing shall be entitled to the services of an interpreter. Provides that at all stages of an impartial due process hearing or mediation, the hearing officer or mediator shall require that interpreters licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 be made available by the school district for persons who are deaf or qualified interpreters be made available by the school district for persons whose normally spoken language is other than English (rather than providing that at all stages of an impartial due process hearing, the hearing officer shall require that interpreters be made available by the school district for persons who are deaf or for persons whose normally spoken language is other than English). Effective immediately.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Passed) 2022-06-10 - Public Act . . . . . . . . . 102-1072 [HB5214 Detail]

Download: Illinois-2021-HB5214-Chaptered.html

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Public Act 102-1072
HB5214 Enrolled LRB102 23868 CMG 33061 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
14-6.01, 14-8.02, and 14-8.02a as follows:
(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
Sec. 14-6.01. Powers and duties of school boards. School
boards of one or more school districts establishing and
maintaining any of the educational facilities described in
this Article shall, in connection therewith, exercise similar
powers and duties as are prescribed by law for the
establishment, maintenance, and management of other recognized
educational facilities. Such school boards shall include only
eligible children in the program and shall comply with all the
requirements of this Article and all rules and regulations
established by the State Board of Education. Such school
boards shall accept in part-time attendance children with
disabilities of the types described in Sections 14-1.02
through 14-1.07 who are enrolled in nonpublic schools. A
request for part-time attendance must be submitted by a parent
or guardian of the child with a disability and may be made only
to those public schools located in the district where the
child attending the nonpublic school resides; however, nothing

in this Section shall be construed as prohibiting an agreement
between the district where the child resides and another
public school district to provide special educational services
if such an arrangement is deemed more convenient and
economical. Special education and related services must be
provided in accordance with the student's IEP no later than 10
school attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. Transportation for students in part time
attendance shall be provided only if required in the child's
individualized educational program on the basis of the child's
disabling condition or as the special education program
location may require.
Beginning with the 2019-2020 school year, a school board
shall post on its Internet website, if any, and incorporate
into its student handbook or newsletter notice that students
with disabilities who do not qualify for an individualized
education program, as required by the federal Individuals with
Disabilities Education Act and implementing provisions of this
Code, may qualify for services under Section 504 of the
federal Rehabilitation Act of 1973 if the child (i) has a
physical or mental impairment that substantially limits one or
more major life activities, (ii) has a record of a physical or
mental impairment, or (iii) is regarded as having a physical
or mental impairment. Such notice shall identify the location

and phone number of the office or agent of the school district
to whom inquiries should be directed regarding the
identification, assessment, and placement of such children.
The notice shall also state that any parent who is deaf or does
not typically communicate using spoken English and who
participates in a Section 504 meeting with a representative of
a local educational agency shall be entitled to the services
of an interpreter.
For a school district organized under Article 34 only,
beginning with the 2019-2020 school year, the school district
shall, in collaboration with its primary office overseeing
special education, publish on the school district's publicly
available website any proposed changes to its special
education policies, directives, guidelines, or procedures that
impact the provision of educational or related services to
students with disabilities or the procedural safeguards
afforded to students with disabilities or their parents or
guardians made by the school district or school board. Any
policy, directive, guideline, or procedural change that
impacts those provisions or safeguards that is authorized by
the school district's primary office overseeing special
education or any other administrative office of the school
district must be published on the school district's publicly
available website no later than 45 days before the adoption of
that change. Any policy directive, guideline, or procedural
change that impacts those provisions or safeguards that is

authorized by the school board must be published on the school
district's publicly available website no later than 30 days
before the date of presentation to the school board for
adoption. The school district's website must allow for virtual
public comments on proposed special education policy,
directive, guideline, or procedural changes that impact the
provision of educational or related services to students with
disabilities or the procedural safeguards afforded to students
with disabilities or their parents or guardians from the date
of the notification of the proposed change on the website
until the date the change is adopted by the school district or
until the date the change is presented to the school board for
adoption. After the period for public comment is closed, the
school district must maintain all public comments for a period
of not less than 2 years from the date the special education
change is adopted. The public comments are subject to the
Freedom of Information Act. The school board shall, at a
minimum, advertise the notice of the change and availability
for public comment on its website. The State Board of
Education may add additional reporting requirements for the
district beyond policy, directive, guideline, or procedural
changes that impact the provision of educational or related
services to students with disabilities or the procedural
safeguards afforded to students with disabilities or their
parents or guardians if the State Board determines it is in the
best interest of the students enrolled in the district

receiving special education services.
School boards shall immediately provide upon request by
any person written materials and other information that
indicates the specific policies, procedures, rules and
regulations regarding the identification, evaluation or
educational placement of children with disabilities under
Section 14-8.02 of the School Code. Such information shall
include information regarding all rights and entitlements of
such children under this Code, and of the opportunity to
present complaints with respect to any matter relating to
educational placement of the student, or the provision of a
free appropriate public education and to have an impartial due
process hearing on the complaint. The notice shall inform the
parents or guardian in the parents' or guardian's native
language, unless it is clearly not feasible to do so, of their
rights and all procedures available pursuant to this Act and
federal Public Law 94-142; it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and federal
Public Law 94-142, as amended, to be used by all school boards.
The notice shall also inform the parents or guardian of the
availability upon request of a list of free or low-cost legal
and other relevant services available locally to assist
parents or guardians in exercising rights or entitlements
under this Code. For a school district organized under Article
34 only, the school district must make the entirety of its

special education Procedural Manual and any other guidance
documents pertaining to special education publicly available,
in print and on the school district's website, in both English
and Spanish. Upon request, the school district must make the
Procedural Manual and other guidance documents available in
print in any other language and accessible for individuals
with disabilities.
Any parent or guardian who is deaf, or does not normally
communicate using spoken English, who participates in a
meeting with a representative of a local educational agency
for the purposes of developing an individualized educational
program shall be entitled to the services of an interpreter.
No student with a disability or, in a school district
organized under Article 34 of this Code, child with a learning
disability may be denied promotion, graduation or a general
diploma on the basis of failing a minimal competency test when
such failure can be directly related to the disabling
condition of the student. For the purpose of this Act,
"minimal competency testing" is defined as tests which are
constructed to measure the acquisition of skills to or beyond
a certain defined standard.
Effective July 1, 1966, high school districts are
financially responsible for the education of pupils with
disabilities who are residents in their districts when such
pupils have reached age 15 but may admit children with
disabilities into special educational facilities without

regard to graduation from the eighth grade after such pupils
have reached the age of 14 1/2 years. Upon a pupil with a
disability attaining the age of 14 1/2 years, it shall be the
duty of the elementary school district in which the pupil
resides to notify the high school district in which the pupil
resides of the pupil's current eligibility for special
education services, of the pupil's current program, and of all
evaluation data upon which the current program is based. After
an examination of that information the high school district
may accept the current placement and all subsequent timelines
shall be governed by the current individualized educational
program; or the high school district may elect to conduct its
own evaluation and multidisciplinary staff conference and
formulate its own individualized educational program, in which
case the procedures and timelines contained in Section 14-8.02
shall apply.
(Source: P.A. 100-201, eff. 8-18-17; 100-1112, eff. 8-28-18;
101-515, eff. 8-23-19.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
(Text of Section before amendment by P.A. 102-199)
Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure

that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education

facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of his or her right to obtain an independent
educational evaluation if he or she disagrees with the
evaluation findings conducted or obtained by the school
district. If the school district's evaluation is shown to be
inappropriate, the school district shall reimburse the parent
for the cost of the independent evaluation. The State Board of
Education shall, with advice from the State Advisory Council
on Education of Children with Disabilities on the inclusion of
specific independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board
of Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the
amount that would be received by a school psychologist for
performing the same services. The State Board of Education
shall supply school districts with such list and make the list
available to parents at their request. School districts shall
make the list available to parents at the time they are

informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30-day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30-day
period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with
a placement based upon such evaluation and the child shall
remain in his or her regular classroom setting. No child shall
be eligible for admission to a special class for children with
a mental disability who are educable or for children with a
mental disability who are trainable except with a

psychological evaluation and recommendation by a school
psychologist. Consent shall be obtained from the parent of a
child before any evaluation is conducted. If consent is not
given by the parent or if the parent disagrees with the
findings of the evaluation, then the school district may
initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the
decision resulting from the impartial due process hearing and
the decision is not appealed or if the decision is affirmed on
appeal. The determination of eligibility shall be made and the
IEP meeting shall be completed within 60 school days from the
date of written parental consent. In those instances when
written parental consent is obtained with fewer than 60 pupil
attendance days left in the school year, the eligibility
determination shall be made and the IEP meeting shall be
completed prior to the first day of the following school year.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. The appropriate program pursuant to the
individualized educational program of students whose native
tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later
than September 1, 1993, the State Board of Education shall

establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent and the State Board of Education the
nature of the services the child will receive for the regular
school term while awaiting waiting placement in the
appropriate special education class. At the child's initial
IEP meeting and at each annual review meeting, the child's IEP
team shall provide the child's parent or guardian with a
written notification that informs the parent or guardian that
the IEP team is required to consider whether the child
requires assistive technology in order to receive free,
appropriate public education. The notification must also
include a toll-free telephone number and internet address for
the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, the Illinois School for
the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of
these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of

other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include without limitation information on school
services, school admissions criteria, and school contact
information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum

disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education

shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning
medium or media based on the assessment report.

(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern

the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor.
Such written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have
an impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,

unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2
years. Any parent who is deaf, or does not normally
communicate using spoken English and , who participates in a
meeting with a representative of a local educational agency
for the purposes of developing an individualized educational
program or attends a multidisciplinary conference shall be
entitled to the services of an interpreter. The State Board of
Education must adopt rules to establish the criteria,
standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified

professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection

(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel
are part of the evaluation, the interviews must be

conducted at a mutually agreed upon time, date, and place
that do not interfere with the school employee's school
duties. The school district may limit interviews to
personnel having information relevant to the child's
current educational services, program, or placement or to
a proposed educational service, program, or placement.
(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21;
102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-199)
Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the

State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child and, if the child is in the legal
custody of the Department of Children and Family Services, the
Department's Office of Education and Transition Services shall
be given a copy of the multidisciplinary conference summary
report and recommendations, which includes options considered,
and, in the case of the parent, be informed of his or her right

to obtain an independent educational evaluation if he or she
disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is
shown to be inappropriate, the school district shall reimburse
the parent for the cost of the independent evaluation. The
State Board of Education shall, with advice from the State
Advisory Council on Education of Children with Disabilities on
the inclusion of specific independent educational evaluators,
prepare a list of suggested independent educational
evaluators. The State Board of Education shall include on the
list clinical psychologists licensed pursuant to the Clinical
Psychologist Licensing Act. Such psychologists shall not be
paid fees in excess of the amount that would be received by a
school psychologist for performing the same services. The
State Board of Education shall supply school districts with
such list and make the list available to parents at their
request. School districts shall make the list available to
parents at the time they are informed of their right to obtain
an independent educational evaluation. However, the school
district may initiate an impartial due process hearing under
this Section within 5 days of any written parent request for an
independent educational evaluation to show that its evaluation
is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent
educational evaluation, but not at public expense. An
independent educational evaluation at public expense must be

completed within 30 days of a parent written request unless
the school district initiates an impartial due process hearing
or the parent or school district offers reasonable grounds to
show that such 30-day time period should be extended. If the
due process hearing decision indicates that the parent is
entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that
such 30-day period should be extended. If a parent disagrees
with the summary report or recommendations of the
multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such
evaluation and the child shall remain in his or her regular
classroom setting. No child shall be eligible for admission to
a special class for children with a mental disability who are
educable or for children with a mental disability who are
trainable except with a psychological evaluation and
recommendation by a school psychologist. Consent shall be
obtained from the parent of a child before any evaluation is
conducted. If consent is not given by the parent or if the
parent disagrees with the findings of the evaluation, then the
school district may initiate an impartial due process hearing
under this Section. The school district may evaluate the child
if that is the decision resulting from the impartial due
process hearing and the decision is not appealed or if the

decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall
be made and the IEP meeting shall be completed prior to the
first day of the following school year. Special education and
related services must be provided in accordance with the
student's IEP no later than 10 school attendance days after
notice is provided to the parents pursuant to Section 300.503
of Title 34 of the Code of Federal Regulations and
implementing rules adopted by the State Board of Education.
The appropriate program pursuant to the individualized
educational program of students whose native tongue is a
language other than English shall reflect the special
education, cultural and linguistic needs. No later than
September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent, the State Board of Education, and, if
applicable, the Department's Office of Education and
Transition Services the nature of the services the child will

receive for the regular school term while awaiting waiting
placement in the appropriate special education class. At the
child's initial IEP meeting and at each annual review meeting,
the child's IEP team shall provide the child's parent or
guardian and, if applicable, the Department's Office of
Education and Transition Services with a written notification
that informs the parent or guardian or the Department's Office
of Education and Transition Services that the IEP team is
required to consider whether the child requires assistive
technology in order to receive free, appropriate public
education. The notification must also include a toll-free
telephone number and internet address for the State's
assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, the Illinois School for
the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of
these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of
other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include without limitation information on school
services, school admissions criteria, and school contact

information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.

Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe

that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning
medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into

regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he

has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child or, if applicable, the Department of
Children and Family Services' Office of Education and
Transition Services prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. For
a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents in the parents'
native language, unless it is clearly not feasible to do so, of
their rights and all procedures available pursuant to this Act

and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446); it shall be the
responsibility of the State Superintendent to develop uniform
notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446) to be used by all
school boards. The notice shall also inform the parents of the
availability upon request of a list of free or low-cost legal
and other relevant services available locally to assist
parents in initiating an impartial due process hearing. The
State Superintendent shall revise the uniform notices required
by this subsection (g) to reflect current law and procedures
at least once every 2 years. Any parent who is deaf, or does
not normally communicate using spoken English and , who
participates in a meeting with a representative of a local
educational agency for the purposes of developing an
individualized educational program or attends a
multidisciplinary conference shall be entitled to the services
of an interpreter. The State Board of Education must adopt
rules to establish the criteria, standards, and competencies
for a bilingual language interpreter who attends an
individualized education program meeting under this subsection
to assist a parent who has limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an

evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection
(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws

protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel
are part of the evaluation, the interviews must be
conducted at a mutually agreed upon time, date, and place
that do not interfere with the school employee's school

duties. The school district may limit interviews to
personnel having information relevant to the child's
current educational services, program, or placement or to
a proposed educational service, program, or placement.
(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised
10-14-21.)
(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil
action.
(a) This Section shall apply to all impartial due process
hearings requested on or after July 1, 2005. Impartial due
process hearings requested before July 1, 2005 shall be
governed by the rules described in Public Act 89-652.
(a-5) For purposes of this Section and Section 14-8.02b of
this Code, days shall be computed in accordance with Section
1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an
impartial due process hearing system in accordance with this
Section and may, with the advice and approval of the Advisory
Council on Education of Children with Disabilities, promulgate
rules and regulations consistent with this Section to
establish the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).

(e) (Blank).
(f) An impartial due process hearing shall be convened
upon the request of a parent, student if at least 18 years of
age or emancipated, or a school district. A school district
shall make a request in writing to the State Board of Education
and promptly mail a copy of the request to the parents or
student (if at least 18 years of age or emancipated) at the
parent's or student's last known address. A request made by
the parent or student shall be made in writing to the
superintendent of the school district where the student
resides. The superintendent shall forward the request to the
State Board of Education within 5 days after receipt of the
request. The request shall be filed no more than 2 years
following the date the person or school district knew or
should have known of the event or events forming the basis for
the request. The request shall, at a minimum, contain all of
the following:
(1) The name of the student, the address of the
student's residence, and the name of the school the
student is attending.
(2) In the case of homeless children (as defined under
the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), available contact information for the
student and the name of the school the student is
attending.
(3) A description of the nature of the problem

relating to the actual or proposed placement,
identification, services, or evaluation of the student,
including facts relating to the problem.
(4) A proposed resolution of the problem to the extent
known and available to the party at the time.
(f-5) Within 3 days after receipt of the hearing request,
the State Board of Education shall appoint a due process
hearing officer using a rotating appointment system and shall
notify the hearing officer of his or her appointment.
For a school district other than a school district located
in a municipality having a population exceeding 500,000, a
hearing officer who is a current resident of the school
district, special education cooperative, or other public
entity involved in the hearing shall recuse himself or
herself. A hearing officer who is a former employee of the
school district, special education cooperative, or other
public entity involved in the hearing shall immediately
disclose the former employment to the parties and shall recuse
himself or herself, unless the parties otherwise agree in
writing. A hearing officer having a personal or professional
interest that may conflict with his or her objectivity in the
hearing shall disclose the conflict to the parties and shall
recuse himself or herself unless the parties otherwise agree
in writing. For purposes of this subsection an assigned
hearing officer shall be considered to have a conflict of
interest if, at any time prior to the issuance of his or her

written decision, he or she knows or should know that he or she
may receive remuneration from a party to the hearing within 3
years following the conclusion of the due process hearing.
A party to a due process hearing shall be permitted one
substitution of hearing officer as a matter of right, in
accordance with procedures established by the rules adopted by
the State Board of Education under this Section. The State
Board of Education shall randomly select and appoint another
hearing officer within 3 days after receiving notice that the
appointed hearing officer is ineligible to serve or upon
receiving a proper request for substitution of hearing
officer. If a party withdraws its request for a due process
hearing after a hearing officer has been appointed, that
hearing officer shall retain jurisdiction over a subsequent
hearing that involves the same parties and is requested within
one year from the date of withdrawal of the previous request,
unless that hearing officer is unavailable.
Any party may raise facts that constitute a conflict of
interest for the hearing officer at any time before or during
the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted
pursuant to this Section and any rules and regulations
promulgated by the State Board of Education consistent with
this Section and other governing laws and regulations. The
hearing shall address only those issues properly raised in the
hearing request under subsection (f) of this Section or, if

applicable, in the amended hearing request under subsection
(g-15) of this Section. The hearing shall be closed to the
public unless the parents request that the hearing be open to
the public. The parents involved in the hearing shall have the
right to have the student who is the subject of the hearing
present. The hearing shall be held at a time and place which
are reasonably convenient to the parties involved. Upon the
request of a party, the hearing officer shall hold the hearing
at a location neutral to the parties if the hearing officer
determines that there is no cost for securing the use of the
neutral location. Once appointed, the impartial due process
hearing officer shall not communicate with the State Board of
Education or its employees concerning the hearing, except
that, where circumstances require, communications for
administrative purposes that do not deal with substantive or
procedural matters or issues on the merits are authorized,
provided that the hearing officer promptly notifies all
parties of the substance of the communication as a matter of
record.
(g-5) Unless the school district has previously provided
prior written notice to the parent or student (if at least 18
years of age or emancipated) regarding the subject matter of
the hearing request, the school district shall, within 10 days
after receiving a hearing request initiated by a parent or
student (if at least 18 years of age or emancipated), provide a
written response to the request that shall include all of the

following:
(1) An explanation of why the school district proposed
or refused to take the action or actions described in the
hearing request.
(2) A description of other options the IEP team
considered and the reasons why those options were
rejected.
(3) A description of each evaluation procedure,
assessment, record, report, or other evidence the school
district used as the basis for the proposed or refused
action or actions.
(4) A description of the factors that are or were
relevant to the school district's proposed or refused
action or actions.
(g-10) When the hearing request has been initiated by a
school district, within 10 days after receiving the request,
the parent or student (if at least 18 years of age or
emancipated) shall provide the school district with a response
that specifically addresses the issues raised in the school
district's hearing request. The parent's or student's response
shall be provided in writing, unless he or she is illiterate or
has a disability that prevents him or her from providing a
written response. The parent's or student's response may be
provided in his or her native language, if other than English.
In the event that illiteracy or another disabling condition
prevents the parent or student from providing a written

response, the school district shall assist the parent or
student in providing the written response.
(g-15) Within 15 days after receiving notice of the
hearing request, the non-requesting party may challenge the
sufficiency of the request by submitting its challenge in
writing to the hearing officer. Within 5 days after receiving
the challenge to the sufficiency of the request, the hearing
officer shall issue a determination of the challenge in
writing to the parties. In the event that the hearing officer
upholds the challenge, the party who requested the hearing
may, with the consent of the non-requesting party or hearing
officer, file an amended request. Amendments are permissible
for the purpose of raising issues beyond those in the initial
hearing request. In addition, the party who requested the
hearing may amend the request once as a matter of right by
filing the amended request within 5 days after filing the
initial request. An amended request, other than an amended
request as a matter of right, shall be filed by the date
determined by the hearing officer, but in no event any later
than 5 days prior to the date of the hearing. If an amended
request, other than an amended request as a matter of right,
raises issues that were not part of the initial request, the
applicable timeline for a hearing, including the timeline
under subsection (g-20) of this Section, shall recommence.
(g-20) Within 15 days after receiving a request for a
hearing from a parent or student (if at least 18 years of age

or emancipated) or, in the event that the school district
requests a hearing, within 15 days after initiating the
request, the school district shall convene a resolution
meeting with the parent and relevant members of the IEP team
who have specific knowledge of the facts contained in the
request for the purpose of resolving the problem that resulted
in the request. The resolution meeting shall include a
representative of the school district who has decision-making
authority on behalf of the school district. Unless the parent
is accompanied by an attorney at the resolution meeting, the
school district may not include an attorney representing the
school district.
The resolution meeting may not be waived unless agreed to
in writing by the school district and the parent or student (if
at least 18 years of age or emancipated) or the parent or
student (if at least 18 years of age or emancipated) and the
school district agree in writing to utilize mediation in place
of the resolution meeting. If either party fails to cooperate
in the scheduling or convening of the resolution meeting, the
hearing officer may order an extension of the timeline for
completion of the resolution meeting or, upon the motion of a
party and at least 7 days after ordering the non-cooperating
party to cooperate, order the dismissal of the hearing request
or the granting of all relief set forth in the request, as
appropriate.
In the event that the school district and the parent or

student (if at least 18 years of age or emancipated) agree to a
resolution of the problem that resulted in the hearing
request, the terms of the resolution shall be committed to
writing and signed by the parent or student (if at least 18
years of age or emancipated) and the representative of the
school district with decision-making authority. The agreement
shall be legally binding and shall be enforceable in any State
or federal court of competent jurisdiction. In the event that
the parties utilize the resolution meeting process, the
process shall continue until no later than the 30th day
following the receipt of the hearing request by the
non-requesting party (or as properly extended by order of the
hearing officer) to resolve the issues underlying the request,
at which time the timeline for completion of the impartial due
process hearing shall commence. The State Board of Education
may, by rule, establish additional procedures for the conduct
of resolution meetings.
(g-25) If mutually agreed to in writing, the parties to a
hearing request may request State-sponsored mediation as a
substitute for the resolution process described in subsection
(g-20) of this Section or may utilize mediation at the close of
the resolution process if all issues underlying the hearing
request have not been resolved through the resolution process.
(g-30) If mutually agreed to in writing, the parties to a
hearing request may waive the resolution process described in
subsection (g-20) of this Section. Upon signing a written

agreement to waive the resolution process, the parties shall
be required to forward the written waiver to the hearing
officer appointed to the case within 2 business days following
the signing of the waiver by the parties. The timeline for the
impartial due process hearing shall commence on the date of
the signing of the waiver by the parties.
(g-35) The timeline for completing the impartial due
process hearing, as set forth in subsection (h) of this
Section, shall be initiated upon the occurrence of any one of
the following events:
(1) The unsuccessful completion of the resolution
process as described in subsection (g-20) of this Section.
(2) The mutual agreement of the parties to waive the
resolution process as described in subsection (g-25) or
(g-30) of this Section.
(g-40) The hearing officer shall convene a prehearing
conference no later than 14 days before the scheduled date for
the due process hearing for the general purpose of aiding in
the fair, orderly, and expeditious conduct of the hearing. The
hearing officer shall provide the parties with written notice
of the prehearing conference at least 7 days in advance of the
conference. The written notice shall require the parties to
notify the hearing officer by a date certain whether they
intend to participate in the prehearing conference. The
hearing officer may conduct the prehearing conference in
person or by telephone. Each party shall at the prehearing

conference (1) disclose whether it is represented by legal
counsel or intends to retain legal counsel; (2) clarify
matters it believes to be in dispute in the case and the
specific relief being sought; (3) disclose whether there are
any additional evaluations for the student that it intends to
introduce into the hearing record that have not been
previously disclosed to the other parties; (4) disclose a list
of all documents it intends to introduce into the hearing
record, including the date and a brief description of each
document; and (5) disclose the names of all witnesses it
intends to call to testify at the hearing. The hearing officer
shall specify the order of presentation to be used at the
hearing. If the prehearing conference is held by telephone,
the parties shall transmit the information required in this
paragraph in such a manner that it is available to all parties
at the time of the prehearing conference. The State Board of
Education may, by rule, establish additional procedures for
the conduct of prehearing conferences.
(g-45) The impartial due process hearing officer shall not
initiate or participate in any ex parte communications with
the parties, except to arrange the date, time, and location of
the prehearing conference, due process hearing, or other
status conferences convened at the discretion of the hearing
officer and to receive confirmation of whether a party intends
to participate in the prehearing conference.
(g-50) The parties shall disclose and provide to each

other any evidence which they intend to submit into the
hearing record no later than 5 days before the hearing. Any
party to a hearing has the right to prohibit the introduction
of any evidence at the hearing that has not been disclosed to
that party at least 5 days before the hearing. The party
requesting a hearing shall not be permitted at the hearing to
raise issues that were not raised in the party's initial or
amended request, unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties
to present their respective cases at the hearing within a
cumulative period of 7 days. When scheduling hearing dates,
the hearing officer shall schedule the final day of the
hearing no more than 30 calendar days after the first day of
the hearing unless good cause is shown. This subsection (g-55)
shall not be applied in a manner that (i) denies any party to
the hearing a fair and reasonable allocation of time and
opportunity to present its case in its entirety or (ii)
deprives any party to the hearing of the safeguards accorded
under the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446), regulations
promulgated under the Individuals with Disabilities Education
Improvement Act of 2004, or any other applicable law. The
school district shall present evidence that the special
education needs of the child have been appropriately
identified and that the special education program and related
services proposed to meet the needs of the child are adequate,

appropriate, and available. Any party to the hearing shall
have the right to (1) be represented by counsel and be
accompanied and advised by individuals with special knowledge
or training with respect to the problems of children with
disabilities, at the party's own expense; (2) present evidence
and confront and cross-examine witnesses; (3) move for the
exclusion of witnesses from the hearing until they are called
to testify, provided, however, that this provision may not be
invoked to exclude the individual designated by a party to
assist that party or its representative in the presentation of
the case; (4) obtain a written or electronic verbatim record
of the proceedings within 30 days of receipt of a written
request from the parents by the school district; and (5)
obtain a written decision, including findings of fact and
conclusions of law, within 10 calendar days, excluding
Saturday, Sunday, and any State holiday, after the conclusion
of the hearing. If at issue, the school district shall present
evidence that it has properly identified and evaluated the
nature and severity of the student's suspected or identified
disability and that, if the student has been or should have
been determined eligible for special education and related
services, that it is providing or has offered a free
appropriate public education to the student in the least
restrictive environment, consistent with procedural safeguards
and in accordance with an individualized educational program.
At any time prior to the conclusion of the hearing, the

impartial due process hearing officer shall have the authority
to require additional information and order independent
evaluations for the student at the expense of the school
district. The State Board of Education and the school district
shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may
request that the due process hearing officer issue a subpoena
to compel the testimony of witnesses or the production of
documents relevant to the resolution of the hearing. Whenever
a person refuses to comply with any subpoena issued under this
Section, the circuit court of the county in which that hearing
is pending, on application of the impartial hearing officer or
the party requesting the issuance of the subpoena, may compel
compliance through the contempt powers of the court in the
same manner as if the requirements of a subpoena issued by the
court had been disobeyed.
(h) The impartial hearing officer shall issue a written
decision, including findings of fact and conclusions of law,
within 10 calendar days, excluding Saturday, Sunday, and any
State holiday, after the conclusion of the hearing and send by
certified mail a copy of the decision to the parents or student
(if the student requests the hearing), the school district,
the director of special education, legal representatives of
the parties, and the State Board of Education. Unless the
hearing officer has granted specific extensions of time at the
request of a party, a final decision, including the

clarification of a decision requested under this subsection,
shall be reached and mailed to the parties named above not
later than 45 days after the initiation of the timeline for
conducting the hearing, as described in subsection (g-35) of
this Section. The decision shall specify the educational and
related services that shall be provided to the student in
accordance with the student's needs and the timeline for which
the school district shall submit evidence to the State Board
of Education to demonstrate compliance with the hearing
officer's decision in the event that the decision orders the
school district to undertake corrective action. The hearing
officer shall retain jurisdiction for the sole purpose of
considering a request for clarification of the final decision
submitted in writing by a party to the impartial hearing
officer within 5 days after receipt of the decision. A copy of
the request for clarification shall specify the portions of
the decision for which clarification is sought and shall be
mailed to all parties of record and to the State Board of
Education. The request shall operate to stay implementation of
those portions of the decision for which clarification is
sought, pending action on the request by the hearing officer,
unless the parties otherwise agree. The hearing officer shall
issue a clarification of the specified portion of the decision
or issue a partial or full denial of the request in writing
within 10 days of receipt of the request and mail copies to all
parties to whom the decision was mailed. This subsection does

not permit a party to request, or authorize a hearing officer
to entertain, reconsideration of the decision itself. The
statute of limitations for seeking review of the decision
shall be tolled from the date the request is submitted until
the date the hearing officer acts upon the request. The
hearing officer's decision shall be binding upon the school
district and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing
aggrieved by the final written decision of the impartial due
process hearing officer shall have the right to commence a
civil action with respect to the issues presented in the
impartial due process hearing. That civil action shall be
brought in any court of competent jurisdiction within 120 days
after a copy of the decision of the impartial due process
hearing officer is mailed to the party as provided in
subsection (h). The civil action authorized by this subsection
shall not be exclusive of any rights or causes of action
otherwise available. The commencement of a civil action under
this subsection shall operate as a supersedeas. In any action
brought under this subsection the Court shall receive the
records of the impartial due process hearing, shall hear
additional evidence at the request of a party, and, basing its
decision on the preponderance of the evidence, shall grant
such relief as the court determines is appropriate. In any
instance where a school district willfully disregards
applicable regulations or statutes regarding a child covered

by this Article, and which disregard has been detrimental to
the child, the school district shall be liable for any
reasonable attorney's fees incurred by the parent in
connection with proceedings under this Section.
(j) During the pendency of any administrative or judicial
proceeding conducted pursuant to this Section, including
mediation (if the school district or other public entity
voluntarily agrees to participate in mediation), unless the
school district and the parents or student (if at least 18
years of age or emancipated) otherwise agree, the student
shall remain in his or her present educational placement and
continue in his or her present eligibility status and special
education and related services, if any. If mediation fails to
resolve the dispute between the parties, or if the parties do
not agree to use mediation, the parent (or student if 18 years
of age or older or emancipated) shall have 10 days after the
mediation concludes, or after a party declines to use
mediation, to file a request for a due process hearing in order
to continue to invoke the "stay-put" provisions of this
subsection (j). If applying for initial admission to the
school district, the student shall, with the consent of the
parents (if the student is not at least 18 years of age or
emancipated), be placed in the school district program until
all such proceedings have been completed. The costs for any
special education and related services or placement incurred
following 60 school days after the initial request for

evaluation shall be borne by the school district if the
services or placement is in accordance with the final
determination as to the special education and related services
or placement that must be provided to the child, provided that
during that 60-day period there have been no delays caused by
the child's parent. The requirements and procedures of this
subsection (j) shall be included in the uniform notices
developed by the State Superintendent under subsection (g) of
Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described
in Section 14-1.02 are not known or are unavailable or the
child is a youth in care as defined in Section 4d of the
Children and Family Services Act, a person shall be assigned
to serve as surrogate parent for the child in matters relating
to the identification, evaluation, and educational placement
of the child and the provision of a free appropriate public
education to the child. Persons shall be assigned as surrogate
parents by the State Superintendent of Education. The State
Board of Education shall promulgate rules and regulations
establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making
assignments of persons as surrogate parents. Surrogate parents
shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency
involved in the education or care of the student, or the State
Board of Education. Services of any person assigned as

surrogate parent shall terminate if the parent becomes
available unless otherwise requested by the parents. The
assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal
authority relative to the child. Any person participating in
good faith as surrogate parent on behalf of the child before
school officials or a hearing officer shall have immunity from
civil or criminal liability that otherwise might result by
reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing or mediation, the hearing
officer or mediator shall require that interpreters licensed
pursuant to the Interpreter for the Deaf Licensure Act of 2007
be made available by the school district for persons who are
deaf or qualified interpreters be made available by the school
district for persons whose normally spoken language is other
than English.
(m) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision or application does not affect other provisions
or applications of the Section that can be given effect
without the invalid application or provision, and to this end
the provisions of this Section are severable, unless otherwise
provided by this Section.
(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
100-849, eff. 8-14-18; 100-863, eff. 8-14-18.)

Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.