Bill Text: IL SB1821 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Children with Disabilities Article of the School Code. Provides that eligible students who reached or will reach their 22nd birthday between March 17, 2020 and the end of the 2021-2022 school year shall be afforded the option of extending the student's eligibility through the end of the 2021-2022 school year to provide the student with an opportunity to participate in post-secondary transition activities and services and pursue the goals under the student's most recent individualized education program. Sets forth provisions regarding the extension of eligibility. Requires each school district to provide written notification of options, including the required waiver of compensatory services claims, to each student to whom these provisions apply or to the student's guardian or designated representative within 30 days after the effective date of the amendatory Act. Sets forth the written notification form. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2021-04-30 - Rule 3-9(a) / Re-referred to Assignments [SB1821 Detail]

Download: Illinois-2021-SB1821-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1821 Introduced 2/26/2021, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-17 new
Amends the Children with Disabilities Article of the School Code. Provides that eligible students who reached or will reach their 22nd birthday between March 17, 2020 and the end of the 2021-2022 school year shall be afforded the option of extending the student's eligibility through the end of the 2021-2022 school year to provide the student with an opportunity to participate in post-secondary transition activities and services and pursue the goals under the student's most recent individualized education program. Sets forth provisions regarding the extension of eligibility. Requires each school district to provide written notification of options, including the required waiver of compensatory services claims, to each student to whom these provisions apply or to the student's guardian or designated representative within 30 days after the effective date of the amendatory Act. Sets forth the written notification form. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
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 5. The School Code is amended by adding Section
14-17 as follows:
(105 ILCS 5/14-17 new)
Sec. 14-17. COVID-19 Post-secondary transition recovery
eligibility.
(a) Eligible students who reached or will reach their 22nd
birthday between March 17, 2020 and the end of the 2021-2022
school year have been and will be uniquely impacted by the
COVID-19 pandemic and resulting closures or significant
limitations on in-person instruction, activities, and
services. These students have had limited or no opportunity to
engage in the in-person activities and services required by
their individualized education programs, have been severely
limited in achieving their transition goals, and have lost or
will lose eligibility by the end of the 2021-2022 school year.
(b) Accordingly, these students or, if applicable, their
guardians or designated representatives, shall be afforded the
option of extending the student's eligibility through the end
of the 2021-2022 school year to provide the student with an
opportunity to participate in post-secondary transition

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activities and services and pursue the goals under the
student's most recent individualized education program (IEP).
Nothing in this Section shall be construed to restrict the
student's IEP team, including the student and the student's
guardian or designated representative, from modifying the
student's IEP goals or developing new goals to address
regression or newly identified student needs during the period
of extended eligibility. A request to opt for an extension of
eligibility must be submitted to the school district and the
waiver required under subsection (c) of this Section no later
than December 1, 2021. Services shall resume no later than 10
school days after receipt of the request for an extension of
eligibility.
(c) If a student or guardian or designated representative
opts for an extension of eligibility under this Section, that
person must waive in writing any claims for compensatory
services due to events that occurred between March 17, 2020
and the resumption of services in the 2021-2022 school year.
(d) A student or, if applicable, a student's guardian or
designated representative who chooses not to opt for an
additional year of eligibility must be offered a meeting with
the student's IEP team to discuss the student's need for
compensatory services. The meeting must occur no later than
October 31, 2021. If the student, guardian, or designated
representative disagrees with the outcome of the IEP meeting,
the student, guardian, or designated representative shall have

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the option of (i) extending the student's eligibility under
this Section or (ii) seeking relief through the procedural
safeguards available under the federal Individuals with
Disabilities Education Act and this Code for resolving
disputes, including mediation, due process, or State
complaint.
(e) Each school district shall provide written
notification of the options under this Section, including the
required waiver of compensatory services claims, to each
student to whom this Section applies or the student's guardian
or designated representative within 30 days after the
effective date of this amendatory Act of the 102nd General
Assembly. The notification shall be identical to or
substantially the same as the following form:
NOTIFICATION TO STUDENT AND GUARDIAN/DESIGNATED
REPRESENTATIVE OF EXTENDED SPECIAL EDUCATION
ELIGIBILITY OPTIONS DUE TO COVID-19
DATE: (INSERT DATE)
STUDENT'S NAME: (INSERT NAME)
STUDENT'S ADDRESS: (INSERT ADDRESS)
STUDENT'S DATE OF BIRTH: (INSERT DATE OF BIRTH)
Dear (INSERT NAME OF STUDENT AND GUARDIAN/DESIGNATED
REPRESENTATIVE):

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A new Illinois law gives certain students the option of
extending their special education eligibility due to the
COVID-19 public health emergency that has limited in-person
transition activities and services. The extended period of
eligibility lasts through the 2021-2022 school year and is
intended to allow the student to continue the student's
participation in IEP activities, receive IEP services, and
pursue IEP goals according to the IEP that was in effect
immediately before the student's 22nd birthday. The student's
IEP team, which includes the student and the student's
guardian or designated representative, may agree to modify the
student's goals or IEP activities or goals to address loss of
progress during the COVID-19 pandemic or to write new goals to
address newly identified student needs.
To qualify for extended eligibility, the student must meet
the following requirements:
1. The student reached or will reach age 22 between
March 17, 2020 and the end of the 2021-2022 school year.
2. The student had an IEP in effect on the day before
the student's 22nd birthday.
3. The student or the student's guardian or designated
representative agrees to waive any claims the student may
have for compensatory services due to events that occurred
between March 17, 2020 and the date the student's IEP
services and activities resume in the 2021-2022 school

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year.
( ) BY CHECKING THIS BOX AND RETURNING THIS DOCUMENT ON OR
BEFORE DECEMBER 1, 2021, THE STUDENT OR THE STUDENT'S GUARDIAN
OR DESIGNATED REPRESENTATIVE CHOOSES THE OPTION OF EXTENDING
THE STUDENT'S ELIGIBILITY FOR SPECIAL EDUCATION UNTIL THE END
OF THE 2021-2022 SCHOOL YEAR AND WAIVES ANY CLAIMS FOR
COMPENSATORY SERVICES THAT AROSE DUE TO EVENTS THAT OCCURRED
BETWEEN MARCH 17, 2020 AND THE DATE SERVICES ARE RESUMED IN THE
2021-2022 SCHOOL YEAR.
IF YOU DO NOT CHECK THE BOX ABOVE YOU DO NOT WAIVE ANY CLAIMS
FOR COMPENSATORY SERVICES AND MAY SEEK RELIEF THROUGH THE
PROCEDURAL SAFEGUARDS AVAILABLE UNDER IDEA AND THE ILLINOIS
SCHOOL CODE, INCLUDING AN IEP TEAM MEETING, MEDIATION, STATE
COMPLAINT. OR DUE PROCESS.
IN ADDITION, IF YOU DO NOT CHECK THE BOX ABOVE, THE SCHOOL
DISTRICT MUST SCHEDULE AND HOLD AN IEP MEETING NO LATER THAN
OCTOBER 31, 2021 TO CONSIDER COMPENSATORY SERVICES FOR THE
STUDENT DUE TO THE COVID-19 PUBLIC HEALTH EMERGENCY.
IF YOU ARE NOT SATISFIED WITH THE OUTCOME OF THE IEP MEETING,
YOU CONTINUE TO HAVE THE OPTION OF CHECKING THE BOX AND
RETURNING THIS DOCUMENT TO THE SCHOOL DISTRICT ON OR BEFORE
DECEMBER 1, 2021 TO RECEIVE AN EXTENSION OF ELIGIBILITY

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THROUGH THE END OF THE 2021-2022 SCHOOL YEAR.
IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT ME
AT (INSERT PHONE NUMBER AND E-MAIL ADDRESS).
SINCERELY,
(INSERT NAME)
(INSERT TITLE)
Section 99. Effective date. This Act takes effect upon
becoming law.