Public Act 0429 102ND GENERAL ASSEMBLY

HB2425 Enrolled LRB102 13398 CMG 18742 b

Public Act 102-0429

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 Section 14-8.02e as follows:

(105 ILCS 5/14-8.02e)

Sec. 14-8.02e. State complaint procedures.

(a) The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations. The State Board of Education, by rule, shall establish State complaint procedures consistent with this Section. A school district or other public entity shall be required to submit a written response to a complaint within the time prescribed by the State Board of Education following receipt of the complaint. A copy of the response and all documentation submitted by the respondent to the State Board of Education, including corrective action compliance documentation, must be simultaneously provided by the respondent to the complainant or to the attorney for the complainant. If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is emancipated and has assumed responsibility for his or her own educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant.

(b) For a complaint made under procedures authorized under this Section alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by a school district organized under Article 34 as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the complaint must be filed on or before September 30, 2022 2021. This filing deadline must be included in the written notification sent by the school district under subsection (b) of Section 14-8.02g.

(Source: P.A. 101-507, eff. 8-23-19.)

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/20/2021