Bill Text: IL SB0099 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill but makes the following changes. Changes the name of the Act to the Removing Barriers to Higher Education Success Act. Makes changes concerning the types of documentation that can be provided to establish if a student has a disability.

Spectrum: Strong Partisan Bill (Democrat 28-2)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0058 [SB0099 Detail]

Download: Illinois-2023-SB0099-Chaptered.html

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Public Act 103-0058
SB0099 Enrolled LRB103 05883 NHT 50904 b
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
Removing Barriers to Higher Education Success 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

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. The public institution of
higher education may request additional documentation from
an individual who has had an IEP if the IEP was not in
effect immediately prior to the date when the individual
exited high school.
(2) Documentation that the individual has received
services or accommodations provided to the individual
under a Section 504 plan provided to the individual
pursuant to Section 504 of the federal Rehabilitation Act
of 1973. The public institution of higher education may
request additional documentation from an individual who
has received services or accommodations provided to the
individual under a Section 504 plan if the Section 504
plan was not in effect immediately prior to the date when
the individual exited high school.
(3) Documentation of 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 under a Section 504 plan
pursuant to Section 504 of the federal Rehabilitation Act

of 1973 or 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.
(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.
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.