IllinoisHB2337104th General Assembly (2025–2026)House

SCH CD-SPECIAL ED-SETTLEMENT

Sponsored By: Sponsor information unavailable

Signed by Governor

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.

education policyassignmentseducation

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Interpreters help families in special-education disputes

Hearing officers and mediators must require school districts to provide interpreters at every stage of special-education hearings and mediation. Deaf participants must receive licensed interpreters. Participants who normally speak a language other than English must receive qualified interpreters.

Surrogate parents help children with education decisions

Illinois' state superintendent assigns surrogate parents to children whose parents are unknown or unavailable, and to youth in care. They represent children in special-education identification, evaluation, placement, and access to a free appropriate public education. The State Board sets qualifications, duties, and assignment rules; surrogates cannot work for the district or specified education or care agencies. Assignments end when a parent becomes available unless the parent requests otherwise, and they do not override parental authority. Surrogates have civil and criminal immunity for good-faith participation before school officials or hearing officers, except for willful and wanton misconduct.

Families can settle claims with limited waivers

Special-education mediation, resolution, or settlement agreements can require giving up future legal rights or claims as a settlement condition. A parent, legal guardian, designated representative, or student age 18 or older or emancipated can agree to this waiver. It must concern only that student and claims raised in the complaint being settled. The waiver must last a reasonable time and cannot extend beyond the agreement.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

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

  • Laura Faver Dias

    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;

Yes: 13 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0211

    8/15/2025House
  2. Effective Date August 15, 2025

    8/15/2025House
  3. Governor Approved

    8/15/2025House
  4. Sent to the Governor

    6/20/2025House
  5. Passed Both Houses

    5/22/2025House
  6. Third Reading - Passed; 058-000-000

    5/22/2025Senate
  7. Placed on Calendar Order of 3rd Reading **

    5/20/2025Senate
  8. Placed on Calendar Order of 3rd Reading May 13, 2025

    5/8/2025Senate
  9. Second Reading

    5/8/2025Senate
  10. Placed on Calendar Order of 2nd Reading May 8, 2025

    5/7/2025Senate
  11. Do Pass Education; 014-000-000

    5/7/2025Senate
  12. Assigned to Education

    4/29/2025Senate
  13. Referred to Assignments

    4/14/2025Senate
  14. First Reading

    4/14/2025Senate
  15. Chief Senate Sponsor Sen. David Koehler

    4/14/2025Senate
  16. Placed on Calendar Order of First Reading

    4/14/2025Senate
  17. Arrive in Senate

    4/14/2025Senate
  18. Added Co-Sponsor Rep. Harry Benton

    4/10/2025House
  19. Added Co-Sponsor Rep. Jehan Gordon-Booth

    4/10/2025House
  20. Added Co-Sponsor Rep. Kimberly Du Buclet

    4/10/2025House
  21. Added Co-Sponsor Rep. Sonya M. Harper

    4/10/2025House
  22. Added Co-Sponsor Rep. Yolonda Morris

    4/10/2025House
  23. Added Co-Sponsor Rep. Rita Mayfield

    4/10/2025House
  24. Added Co-Sponsor Rep. Martha Deuter

    4/10/2025House
  25. Added Co-Sponsor Rep. Mary Beth Canty

    4/10/2025House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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