summary
Introduced
02/06/2026
02/06/2026
In Committee
03/25/2026
03/25/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
104th General Assembly
Bill Summary
Amends the Children with Disabilities Article of the School Code. Allows the parent or guardian of a student or a student if the student is at least 18 years of age or emancipated to request an impartial, federal Section 504 due-process hearing. Within 3 business days after receipt of the request, requires a school district, special education joint agreement, or other educational entity to appoint a qualified, impartial hearing officer and to notify the hearing officer of the appointment. Requires a hearing officer to disclose any actual or potential conflict of interest to the parties. Sets forth requirements for the request, the notification of a hearing officer appointment, the response to complaints, and amendments to hearing requests. Sets forth the responsibilities of the hearing officer and the hearing procedures. Sets forth the qualification requirements to be a hearing officer. Requires the State Board of Education to create a training module for hearing officers, conduct the training, and determine whether an individual is appropriately qualified. Provides that the provisions apply to all Section 504 impartial due-process hearings requested after January 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity. Provides that nothing in the provisions may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.
AI Summary
This bill establishes a formal process for impartial due-process hearings for students with disabilities under Section 504 of the federal Rehabilitation Act of 1973, which requires schools to provide accommodations and services to eligible students. Beginning January 1, 2027, parents, guardians, or emancipated students aged 18 or older can request these hearings regarding issues like identification, evaluation, eligibility, accommodations, or educational placement. The bill outlines requirements for requesting a hearing, including providing specific student information and a proposed resolution, and mandates that school districts or educational entities appoint a qualified and impartial hearing officer within three business days, who must then disclose any potential conflicts of interest. The bill defines "impartial" to mean the hearing officer is not a resident of the involved school district (with an exception for Chicago Public Schools), has not represented a party as legal counsel recently, and has no disqualifying conflicts of interest. It also sets timelines for responses, amendments to requests, and the hearing itself, which can be expedited if a student's health or safety is at risk, and allows for remote or in-person hearings. The bill specifies qualifications for hearing officers, requiring a law degree or advanced degree in a related field, knowledge of relevant laws, and demonstrated ability to conduct hearings and write decisions, with the State Board of Education responsible for training and qualifying these officers. Importantly, this bill clarifies that parties are not required to complete these administrative hearings before pursuing legal action in court.
Committee Categories
Education
Sponsors (1)
Last Action
House Floor Amendment No. 1 Rules Refers to Education Policy Committee (on 04/08/2026)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...