HB 3302

Abstract

Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, for complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the creation of the State Board of Education's compensatory education plan and notification of that plan to parents and guardians of impacted children to file a complaint if the complainant has not obtained relief through (i) the compensatory education plan, (ii) a due process claim, or (iii) mediation. Provides that the State Board's notification of its compensatory education plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection. Effective July 1, 2019. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/14-8.02e Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a complainant has no less than 2 years following the finalization (rather than creation) of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report (rather than compensatory education plan) and notification of that plan to parents and guardians of potentially impacted (rather than only impacted) children to file a complaint concerning delays and denials of special education services; makes conforming changes. Removes provisions requiring certain conditions for a parent or guardian to file a complaint. Requires a respondent to include corrective action compliance documentation with all other documentation provided to a complainant. Effective July 1, 2019. Senate Floor Amendment No. 1 Requires a complaint made under the State complaint procedures alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by the Chicago school district as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful to be filed on or before September 30, 2021 (rather than, for complaints made under procedures authorized for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint). Provides that, with respect to a student enrolled in the Chicago school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under the School Code, State-sponsored mediation, or an impartial due process hearing under the Code. Specifies what the notification must include. Changes the effective date to immediate (rather than July 1, 2019).