summary
Introduced
01/30/2025
01/30/2025
In Committee
05/07/2025
05/07/2025
Crossed Over
04/10/2025
04/10/2025
Passed
08/15/2025
08/15/2025
Dead
Signed/Enacted/Adopted
08/15/2025
08/15/2025
Introduced Session
104th General Assembly
Bill Summary
Amends the Children with Disabilities Article of the School Code. With respect to impartial due process hearings, provides that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education. Provides that any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court. Effective immediately.
AI Summary
This bill amends the Illinois School Code to restrict the use of prospective waivers in mediation, resolution, and settlement agreements related to special education services. Specifically, the bill prohibits agreements from including conditions that would require a parent, student (if 18 or emancipated), or student representative to prospectively waive their right to a free, appropriate public education (FAPE) or to assert claims for the nonimplementation of FAPE. The bill allows such waivers only under specific conditions: the waiver must be related solely to the student in question, connected to the specific claims being settled, and limited to a reasonable duration matching the agreement's length. Any mediation or settlement agreement containing prospective waivers that do not meet these criteria would be considered unenforceable in administrative proceedings or state and federal courts. The legislation aims to protect the educational rights of students with disabilities by preventing blanket waivers that could potentially limit their access to necessary special education services. The bill takes effect immediately upon becoming law.
Committee Categories
Education
Sponsors (17)
Laura Faver Dias (D)*,
Dave Koehler (D)*,
Harry Benton (D),
Diane Blair-Sherlock (D),
Amy Briel (D),
Mary Beth Canty (D),
Michael Crawford (D),
Martha Deuter (D),
Kimberly du Buclet (D),
Amy Elik (R),
Edgar González (D),
Jehan Gordon-Booth (D),
Sonya Harper (D),
Camille Lilly (D),
Rita Mayfield (D),
Yolonda Morris (D),
Michelle Mussman (D),
Last Action
Public Act . . . . . . . . . 104-0211 (on 08/15/2025)
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