Rep. Fred Crespo
Filed: 3/20/2019
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1 | AMENDMENT TO HOUSE BILL 3302
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2 | AMENDMENT NO. ______. Amend House Bill 3302 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 14-8.02e and by adding Section 14-8.02g as follows: | ||||||
6 | (105 ILCS 5/14-8.02e) | ||||||
7 | Sec. 14-8.02e. State complaint procedures. The State Board | ||||||
8 | of Education shall adopt State complaint procedures, | ||||||
9 | consistent with Sections 300.151, 300.152, and 300.153 of Title | ||||||
10 | 34 of the Code of Federal Regulations. The State Board of | ||||||
11 | Education, by rule, shall establish State complaint procedures | ||||||
12 | consistent with this Section. A school district or other public | ||||||
13 | entity shall be required to submit a written response to a | ||||||
14 | complaint within the time prescribed by the State Board of | ||||||
15 | Education following receipt of the complaint. A copy of the | ||||||
16 | response and all documentation submitted by the respondent to |
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1 | the State Board of Education , including corrective action | ||||||
2 | compliance documentation, must be simultaneously provided by | ||||||
3 | the respondent to the complainant or to the attorney for the | ||||||
4 | complainant. If the complaint was filed by an individual other | ||||||
5 | than a parent of a child who is the subject of the complaint | ||||||
6 | (or the child if the child has reached majority or is | ||||||
7 | emancipated and has assumed responsibility for his or her own | ||||||
8 | educational decisions) and the complaint is about a specific | ||||||
9 | identifiable child or children, then appropriate written | ||||||
10 | signed releases must be obtained prior to the release of any | ||||||
11 | documentation or information to the complainant or the attorney | ||||||
12 | representing the complainant.
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13 | (Source: P.A. 98-383, eff. 8-16-13.) | ||||||
14 | (105 ILCS 5/14-8.02g new) | ||||||
15 | Sec. 14-8.02g. Additional opportunity to address systemic | ||||||
16 | delays and denials of special education services. | ||||||
17 | (a) This Section applies only to a school district | ||||||
18 | organized under Article 34. | ||||||
19 | (b) For complaints made under procedures authorized under | ||||||
20 | Section 14-8.02e for delays and denials of special education | ||||||
21 | services in the 2016-2017 or 2017-2018 school year, a | ||||||
22 | complainant has no less than 2 years following the finalization | ||||||
23 | of the State Board of Education's student-specific corrective | ||||||
24 | action plan per the State Board's 2017-2018 Public Inquiry | ||||||
25 | Team's Corrective Action Report and notification of that plan |
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1 | to parents and guardians of potentially impacted children to | ||||||
2 | file a complaint under Section 14-8.02e. The State Board's | ||||||
3 | notification of its student-specific corrective action plan to | ||||||
4 | parents and guardians must include notification of the extended | ||||||
5 | timeframe to file complaints under this subsection.
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6 | Section 99. Effective date. This Act takes effect July 1, | ||||||
7 | 2019.".
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