Illinois 2025-2026 Regular Session

Illinois House Bill HB1236 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1236 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.82 new105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01105 ILCS 5/34-18.77 new Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2025-2026 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately. LRB104 06034 LNS 16067 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1236 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-20.82 new105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01105 ILCS 5/34-18.77 new 105 ILCS 5/10-20.82 new 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/34-18.77 new Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2025-2026 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately. LRB104 06034 LNS 16067 b LRB104 06034 LNS 16067 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1236 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/10-20.82 new105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01105 ILCS 5/34-18.77 new 105 ILCS 5/10-20.82 new 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/34-18.77 new
4	4	105 ILCS 5/10-20.82 new
5	5	105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
6	6	105 ILCS 5/34-18.77 new
7	7	Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2025-2026 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.
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10	10	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11	11	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
12	12	A BILL FOR
13	13	HB1236LRB104 06034 LNS 16067 b HB1236 LRB104 06034 LNS 16067 b
14	14	HB1236 LRB104 06034 LNS 16067 b
15	15	1 AN ACT concerning education.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The School Code is amended by adding Sections
19	19	5 10-20.82 and 34-18.77 and by changing Section 14-6.01 as
20	20	6 follows:
21	21	7 (105 ILCS 5/10-20.82 new)
22	22	8 Sec. 10-20.82. Additional services for certain students
23	23	9 experiencing trauma.
24	24	10 (a) A school district must provide additional
25	25	11 instructional services, support, or special accommodations to
26	26	12 a student if the student's school determines that:
27	27	13 (1) the student suffers from trauma related to the
28	28	14 student experiencing the death of a sibling, parent,
29	29	15 guardian, or household member by suicide or homicide or
30	30	16 from trauma caused by domestic violence or abuse;
31	31	17 (2) the trauma interferes with the student's ability
32	32	18 to learn and to participate in the learning environment;
33	33	19 and
34	34	20 (3) the student does not qualify for either an
35	35	21 individualized education program (IEP) under the federal
36	36	22 Individuals with Disabilities Education Act or for
37	37	23 services under Section 504 of the federal Rehabilitation
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41	41	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1236 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
42	42	105 ILCS 5/10-20.82 new105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01105 ILCS 5/34-18.77 new 105 ILCS 5/10-20.82 new 105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01 105 ILCS 5/34-18.77 new
43	43	105 ILCS 5/10-20.82 new
44	44	105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
45	45	105 ILCS 5/34-18.77 new
46	46	Amends the School Code. Requires a school district to develop and implement a plan to provide additional instructional services, support, or special accommodations to students who suffer from trauma related to experiencing the death of a sibling, parent, guardian, or household member by suicide or homicide or suffer from trauma caused by domestic violence or abuse and whom the school has determined require additional instructional services, support, or special accommodations but do not qualify for an individualized education program or for services under Section 504 of the federal Rehabilitation Act of 1973. Sets forth what the plan may include. Provides that the plan shall remain in place until the student (i) is no longer enrolled in the district or (ii) has made such significant and sustained academic progress that the student no longer requires the plan. In provisions relating to children with disabilities, provides that beginning with the 2025-2026 school year, the notice that a school board provides concerning who qualifies for services under Section 504 shall include that a child may qualify for those services if the child is a student who is at least 3 years old or older and under 22 years and who (i) has experienced the death of a sibling, parent, guardian, or household member by suicide or homicide or (ii) suffers from trauma caused by domestic violence or abuse. Effective immediately.
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49	49	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
50	50	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
51	51	A BILL FOR
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57	57	105 ILCS 5/10-20.82 new
58	58	105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
59	59	105 ILCS 5/34-18.77 new
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65	65	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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82	82	1 Act of 1973.
83	83	2 (b) At the request of the parent or guardian of a student
84	84	3 who has experienced an event described under paragraph (1) of
85	85	4 subsection (a) and who may be at risk of academic failure or if
86	86	5 school personnel identify that a student's overall academic
87	87	6 performance and participation in the learning environment has
88	88	7 declined following the student experiencing an event described
89	89	8 under paragraph (1) of subsection (a) and the student may be at
90	90	9 risk of academic failure, the school district shall perform an
91	91	10 evaluation to assess whether the student may benefit from
92	92	11 additional instructional services, support, or special
93	93	12 accommodations. The evaluation of the student shall be
94	94	13 performed by appropriate school personnel, which may include
95	95	14 school counselors, school psychologists, school social
96	96	15 workers, school administrators, and educators with knowledge
97	97	16 of the student or the student's academic performance prior to
98	98	17 the student experiencing an event described under paragraph
99	99	18 (1) of subsection (a).
100	100	19 If the school determines from the evaluation that the
101	101	20 student requires additional instructional services, support,
102	102	21 or special accommodations, the school district shall develop
103	103	22 and implement a plan to provide to the student additional
104	104	23 instructional services, support, or special accommodations
105	105	24 based on the individual needs of the student. Additional
106	106	25 instructional services, support, or special accommodations
107	107	26 provided to a student may include accommodations with testing,
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118	118	1 supplementary aids, school counseling services, additional
119	119	2 assistance with homework, or modifications to the student's
120	120	3 learning environment. The plan may be modified as necessary
121	121	4 according to the needs of the student.
122	122	5 (c) A plan developed under subsection (b) shall remain in
123	123	6 place until the student (i) is no longer enrolled in the school
124	124	7 district or (ii) has demonstrated such significant and
125	125	8 sustained progress and improvement in academic performance
126	126	9 that the student no longer requires the additional
127	127	10 instructional services, support, or special accommodations
128	128	11 provided under the plan.
129	129	12 (105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)
130	130	13 Sec. 14-6.01. Powers and duties of school boards. School
131	131	14 boards of one or more school districts establishing and
132	132	15 maintaining any of the educational facilities described in
133	133	16 this Article shall, in connection therewith, exercise similar
134	134	17 powers and duties as are prescribed by law for the
135	135	18 establishment, maintenance, and management of other recognized
136	136	19 educational facilities. Such school boards shall include only
137	137	20 eligible children in the program and shall comply with all the
138	138	21 requirements of this Article and all rules and regulations
139	139	22 established by the State Board of Education. Such school
140	140	23 boards shall accept in part-time attendance children with
141	141	24 disabilities of the types described in Sections 14-1.02
142	142	25 through 14-1.07 who are enrolled in nonpublic schools. A
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153	153	1 request for part-time attendance must be submitted by a parent
154	154	2 or guardian of the child with a disability and may be made only
155	155	3 to those public schools located in the district where the
156	156	4 child attending the nonpublic school resides; however, nothing
157	157	5 in this Section shall be construed as prohibiting an agreement
158	158	6 between the district where the child resides and another
159	159	7 public school district to provide special educational services
160	160	8 if such an arrangement is deemed more convenient and
161	161	9 economical. Special education and related services must be
162	162	10 provided in accordance with the student's IEP no later than 10
163	163	11 school attendance days after notice is provided to the parents
164	164	12 pursuant to Section 300.503 of Title 34 of the Code of Federal
165	165	13 Regulations and implementing rules adopted by the State Board
166	166	14 of Education. Transportation for students in part time
167	167	15 attendance shall be provided only if required in the child's
168	168	16 individualized educational program on the basis of the child's
169	169	17 disabling condition or as the special education program
170	170	18 location may require.
171	171	19 A Beginning with the 2019-2020 school year, a school board
172	172	20 shall post on its Internet website, if any, and incorporate
173	173	21 into its student handbook or newsletter notice that students
174	174	22 with disabilities who do not qualify for an individualized
175	175	23 education program, as required by the federal Individuals with
176	176	24 Disabilities Education Act and implementing provisions of this
177	177	25 Code, may qualify for services under Section 504 of the
178	178	26 federal Rehabilitation Act of 1973 if the child (i) has a
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189	189	1 physical or mental impairment that substantially limits one or
190	190	2 more major life activities, (ii) has a record of a physical or
191	191	3 mental impairment, or (iii) is regarded as having a physical
192	192	4 or mental impairment, or (iv) beginning with the 2025-2026
193	193	5 school year, is a student who is at least 3 years old or older
194	194	6 and under 22 years old and who has experienced the death of a
195	195	7 sibling, parent, guardian, or household member by suicide or
196	196	8 homicide or suffers from trauma caused by domestic violence or
197	197	9 abuse. Such notice shall identify the location and phone
198	198	10 number of the office or agent of the school district to whom
199	199	11 inquiries should be directed regarding the identification,
200	200	12 assessment, and placement of such children. The notice shall
201	201	13 also state that any parent who is deaf or does not typically
202	202	14 communicate using spoken English and who participates in a
203	203	15 Section 504 meeting with a representative of a local
204	204	16 educational agency shall be entitled to the services of an
205	205	17 interpreter.
206	206	18 For a school district organized under Article 34 only,
207	207	19 beginning with the 2019-2020 school year, the school district
208	208	20 shall, in collaboration with its primary office overseeing
209	209	21 special education, publish on the school district's publicly
210	210	22 available website any proposed changes to its special
211	211	23 education policies, directives, guidelines, or procedures that
212	212	24 impact the provision of educational or related services to
213	213	25 students with disabilities or the procedural safeguards
214	214	26 afforded to students with disabilities or their parents or
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225	225	1 guardians made by the school district or school board. Any
226	226	2 policy, directive, guideline, or procedural change that
227	227	3 impacts those provisions or safeguards that is authorized by
228	228	4 the school district's primary office overseeing special
229	229	5 education or any other administrative office of the school
230	230	6 district must be published on the school district's publicly
231	231	7 available website no later than 45 days before the adoption of
232	232	8 that change. Any policy directive, guideline, or procedural
233	233	9 change that impacts those provisions or safeguards that is
234	234	10 authorized by the school board must be published on the school
235	235	11 district's publicly available website no later than 30 days
236	236	12 before the date of presentation to the school board for
237	237	13 adoption. The school district's website must allow for virtual
238	238	14 public comments on proposed special education policy,
239	239	15 directive, guideline, or procedural changes that impact the
240	240	16 provision of educational or related services to students with
241	241	17 disabilities or the procedural safeguards afforded to students
242	242	18 with disabilities or their parents or guardians from the date
243	243	19 of the notification of the proposed change on the website
244	244	20 until the date the change is adopted by the school district or
245	245	21 until the date the change is presented to the school board for
246	246	22 adoption. After the period for public comment is closed, the
247	247	23 school district must maintain all public comments for a period
248	248	24 of not less than 2 years from the date the special education
249	249	25 change is adopted. The public comments are subject to the
250	250	26 Freedom of Information Act. The school board shall, at a
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261	261	1 minimum, advertise the notice of the change and availability
262	262	2 for public comment on its website. The State Board of
263	263	3 Education may add additional reporting requirements for the
264	264	4 district beyond policy, directive, guideline, or procedural
265	265	5 changes that impact the provision of educational or related
266	266	6 services to students with disabilities or the procedural
267	267	7 safeguards afforded to students with disabilities or their
268	268	8 parents or guardians if the State Board determines it is in the
269	269	9 best interest of the students enrolled in the district
270	270	10 receiving special education services.
271	271	11 School boards shall immediately provide upon request by
272	272	12 any person written materials and other information that
273	273	13 indicates the specific policies, procedures, rules and
274	274	14 regulations regarding the identification, evaluation or
275	275	15 educational placement of children with disabilities under
276	276	16 Section 14-8.02 of the School Code. Such information shall
277	277	17 include information regarding all rights and entitlements of
278	278	18 such children under this Code, and of the opportunity to
279	279	19 present complaints with respect to any matter relating to
280	280	20 educational placement of the student, or the provision of a
281	281	21 free appropriate public education and to have an impartial due
282	282	22 process hearing on the complaint. The notice shall inform the
283	283	23 parents or guardian in the parents' or guardian's native
284	284	24 language, unless it is clearly not feasible to do so, of their
285	285	25 rights and all procedures available pursuant to this Act and
286	286	26 federal Public Law 94-142; it shall be the responsibility of
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297	297	1 the State Superintendent to develop uniform notices setting
298	298	2 forth the procedures available under this Act and federal
299	299	3 Public Law 94-142, as amended, to be used by all school boards.
300	300	4 The notice shall also inform the parents or guardian of the
301	301	5 availability upon request of a list of free or low-cost legal
302	302	6 and other relevant services available locally to assist
303	303	7 parents or guardians in exercising rights or entitlements
304	304	8 under this Code. For a school district organized under Article
305	305	9 34 only, the school district must make the entirety of its
306	306	10 special education Procedural Manual and any other guidance
307	307	11 documents pertaining to special education publicly available,
308	308	12 in print and on the school district's website, in both English
309	309	13 and Spanish. Upon request, the school district must make the
310	310	14 Procedural Manual and other guidance documents available in
311	311	15 print in any other language and accessible for individuals
312	312	16 with disabilities.
313	313	17 Any parent or guardian who is deaf, or does not normally
314	314	18 communicate using spoken English, who participates in a
315	315	19 meeting with a representative of a local educational agency
316	316	20 for the purposes of developing an individualized educational
317	317	21 program shall be entitled to the services of an interpreter.
318	318	22 No student with a disability or, in a school district
319	319	23 organized under Article 34 of this Code, child with a learning
320	320	24 disability may be denied promotion, graduation or a general
321	321	25 diploma on the basis of failing a minimal competency test when
322	322	26 such failure can be directly related to the disabling
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333	333	1 condition of the student. For the purpose of this Act,
334	334	2 "minimal competency testing" is defined as tests which are
335	335	3 constructed to measure the acquisition of skills to or beyond
336	336	4 a certain defined standard.
337	337	5 Effective July 1, 1966, high school districts are
338	338	6 financially responsible for the education of pupils with
339	339	7 disabilities who are residents in their districts when such
340	340	8 pupils have reached age 15 but may admit children with
341	341	9 disabilities into special educational facilities without
342	342	10 regard to graduation from the eighth grade after such pupils
343	343	11 have reached the age of 14 1/2 years. Upon a pupil with a
344	344	12 disability attaining the age of 14 1/2 years, it shall be the
345	345	13 duty of the elementary school district in which the pupil
346	346	14 resides to notify the high school district in which the pupil
347	347	15 resides of the pupil's current eligibility for special
348	348	16 education services, of the pupil's current program, and of all
349	349	17 evaluation data upon which the current program is based. After
350	350	18 an examination of that information the high school district
351	351	19 may accept the current placement and all subsequent timelines
352	352	20 shall be governed by the current individualized educational
353	353	21 program; or the high school district may elect to conduct its
354	354	22 own evaluation and multidisciplinary staff conference and
355	355	23 formulate its own individualized educational program, in which
356	356	24 case the procedures and timelines contained in Section 14-8.02
357	357	25 shall apply.
358	358	26 (Source: P.A. 101-515, eff. 8-23-19; 102-1072, eff. 6-10-22.)
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369	369	1 (105 ILCS 5/34-18.77 new)
370	370	2 Sec. 34-18.77. Additional services for certain students
371	371	3 experiencing trauma.
372	372	4 (a) The school district must provide additional
373	373	5 instructional services, support, or special accommodations to
374	374	6 a student if the student's school determines that:
375	375	7 (1) the student suffers from trauma related to the
376	376	8 student experiencing the death of a sibling, parent,
377	377	9 guardian, or household member by suicide or homicide or
378	378	10 from trauma caused by domestic violence or abuse;
379	379	11 (2) the trauma interferes with the student's ability
380	380	12 to learn and to participate in the learning environment;
381	381	13 and
382	382	14 (3) the student does not qualify for either an
383	383	15 individualized education program (IEP) under the federal
384	384	16 Individuals with Disabilities Education Act or for
385	385	17 services under Section 504 of the federal Rehabilitation
386	386	18 Act of 1973.
387	387	19 (b) At the request of the parent or guardian of a student
388	388	20 who has experienced an event described under paragraph (1) of
389	389	21 subsection (a) and who may be at risk of academic failure or if
390	390	22 school personnel identify that a student's overall academic
391	391	23 performance and participation in the learning environment has
392	392	24 declined following the student experiencing an event described
393	393	25 under paragraph (1) of subsection (a) and the student may be at
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404	404	1 risk of academic failure, the school district shall perform an
405	405	2 evaluation to assess whether the student may benefit from
406	406	3 additional instructional services, support, or special
407	407	4 accommodations. The evaluation of the student shall be
408	408	5 performed by appropriate school personnel, which may include
409	409	6 school counselors, school psychologists, school social
410	410	7 workers, school administrators, and educators with knowledge
411	411	8 of the student or the student's academic performance prior to
412	412	9 the student experiencing an event described under paragraph
413	413	10 (1) of subsection (a).
414	414	11 If the school determines from the evaluation that the
415	415	12 student requires additional instructional services, support,
416	416	13 or special accommodations, the school district shall develop
417	417	14 and implement a plan to provide to the student additional
418	418	15 instructional services, support, or special accommodations
419	419	16 based on the individual needs of the student. Additional
420	420	17 instructional services, support, or special accommodations
421	421	18 provided to a student may include accommodations with testing,
422	422	19 supplementary aids, school counseling services, additional
423	423	20 assistance with homework, or modifications to the student's
424	424	21 learning environment. The plan may be modified as necessary
425	425	22 according to the needs of the student.
426	426	23 (c) A plan developed under subsection (b) shall remain in
427	427	24 place until the student (i) is no longer enrolled in the school
428	428	25 district or (ii) has demonstrated such significant and
429	429	26 sustained progress and improvement in academic performance
430	430
431	431
432	432
433	433
434	434
435	435	HB1236 - 11 - LRB104 06034 LNS 16067 b
436	436
437	437
438	438	HB1236- 12 -LRB104 06034 LNS 16067 b HB1236 - 12 - LRB104 06034 LNS 16067 b
439	439	HB1236 - 12 - LRB104 06034 LNS 16067 b
440	440	1 that the student no longer requires the additional
441	441	2 instructional services, support, or special accommodations
442	442	3 provided under the plan.
443	443
444	444
445	445
446	446
447	447
448	448	HB1236 - 12 - LRB104 06034 LNS 16067 b