IllinoisHB2337104th General Assembly (2025–2026)HouseWALLET

SCH CD-SPECIAL ED-SETTLEMENT

Sponsored By: Laura Faver Dias (Democratic)

Became Law

education policyassignmentseducation

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

District covers some costs and fees

The hearing officer can order independent evaluations paid by the district. If the district willfully ignored the law and it harmed the child, it must pay the parent’s reasonable attorney fees. If services start more than 60 school days after a parent’s evaluation request, and those services match the final decision with no parent‑caused delay, the district must pay for them.

Your child keeps services during disputes

During mediation, hearings, or court, your child stays in the current placement with the same eligibility and services, unless you and the district agree to change. If mediation ends or you decline it, you have 10 days to file for a hearing to keep this protection. For new students with consent, the set placement and services continue until the case ends.

Prehearing responses and 5-day evidence rule

If a parent files, the district must give a written response in 10 days explaining its reasons, options, and evidence. If a district files, the parent or eligible student must respond in writing in 10 days; the district must help if the parent cannot write or needs it in their language. The other side can challenge a complaint’s sufficiency within 15 days, and the filer can amend once within five days. A prehearing conference happens no later than 14 days before the hearing, with at least seven days’ written notice and required disclosures. Each side must share any evidence they plan to use at least five days before the hearing, or it can be blocked.

Resolve disputes by meeting or mediation

Within 15 days of a hearing request, the district must hold a resolution meeting with the parent and IEP team. The process runs up to day 30, and any signed deal is binding. The district’s attorney may attend only if the parent brings a lawyer. Both sides can choose State‑sponsored mediation instead, or waive the resolution process in writing. A written waiver starts the hearing timeline that day, and must be sent to the hearing officer within two business days. Settlement waivers must be narrow: only about that student, those claims, and for no longer than the agreement.

Surrogate parents and interpreters available

If parents are unknown or unavailable, or the child is a youth in care, the State Superintendent assigns a surrogate parent. Surrogates are qualified, not district or State Board employees, and are immune except for willful and wanton misconduct. The assignment ends if a parent becomes available unless the parent asks to continue. At hearings or mediation, districts must provide licensed interpreters for deaf individuals and qualified interpreters if your main language is not English.

Your rights at the hearing and after

Parties should try to finish presenting their cases within seven total hearing days. The last hearing day should be within 30 days of the first, unless there is good cause. You can have a lawyer, present evidence, and cross‑examine witnesses. Parents can get a verbatim record within 30 days of a written request; the State Board and district split its cost 50/50. The hearing officer must issue a written decision within 10 calendar days after the hearing and mail the final decision no later than day 45, unless extended. You can seek clarification quickly and can ask a court to enforce subpoenas or sue within 120 days; the court reviews the record, can take more evidence, and decides on the preponderance standard.

Start a fair special education hearing

Parents, eligible students (18+ or emancipated), or school districts can request a special education hearing. You must file within two years of when you knew about the issue. If a parent or student files, the superintendent must forward it to the State Board within five days. The State Board appoints a hearing officer within three days, uses a rotation, and each side can substitute once. Officers must disclose conflicts and avoid private talks with either side. Deadlines are counted under state law rules.

Sponsors & Cosponsors

Sponsor

Laura Faver Dias
Democratic • House

Cosponsors

Amy Briel
Democratic • House
Amy Elik
Republican • House
Camille Y. Lilly
Democratic • House
David Koehler
Democratic • Senate
Diane Blair-Sherlock
Democratic • House
Edgar González, Jr.
Democratic • House
Harry Benton
Democratic • House
Jehan Gordon-Booth
Democratic • House
Kimberly Du Buclet
Democratic • House
Martha Deuter
Democratic • House
Mary Beth Canty
Democratic • House
Michael Crawford
Democratic • House
Michelle Mussman
Democratic • House
Rita Mayfield
Democratic • House
Sonya M. Harper
Democratic • House
Yolonda Morris
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 211 • No: 0

Senate vote • 5/22/2025

Third Reading - Passed;

Yes: 58 • No: 0

Senate vote • 5/7/2025

Do Pass Education;

Yes: 14 • No: 0

House vote • 4/10/2025

Third Reading - Short Debate - Passed

Yes: 113 • No: 0

House vote • 4/9/2025

House Floor Amendment No. 2 Recommends Be Adopted Education Policy Committee;

Yes: 13 • No: 0

House vote • 3/12/2025

Do Pass as Amended / Short Debate Education Policy Committee;