Illinois 101st Regular Session Status: Enacted 4 D cosponsors

HB 3302 — SCH CD-SPECIAL ED COMPLAINTS

Last action — Public Act . . . . . . . . . 101-0507

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    0 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, for complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the creation of the State Board of Education's compensatory education plan and notification of that plan to parents and guardians of impacted children to file a complaint if the complainant has not obtained relief through (i) the compensatory education plan, (ii) a due process claim, or (iii) mediation. Provides that the State Board's notification of its compensatory education plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection. Effective July 1, 2019. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/14-8.02e Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a complainant has no less than 2 years following the finalization (rather than creation) of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report (rather than compensatory education plan) and notification of that plan to parents and guardians of potentially impacted (rather than only impacted) children to file a complaint concerning delays and denials of special education services; makes conforming changes. Removes provisions requiring certain conditions for a parent or guardian to file a complaint. Requires a respondent to include corrective action compliance documentation with all other documentation provided to a complainant. Effective July 1, 2019. Senate Floor Amendment No. 1 Requires a complaint made under the State complaint procedures alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by the Chicago school district as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful to be filed on or before September 30, 2021 (rather than, for complaints made under procedures authorized for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint). Provides that, with respect to a student enrolled in the Chicago school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under the School Code, State-sponsored mediation, or an impartial due process hearing under the Code. Specifies what the notification must include. Changes the effective date to immediate (rather than July 1, 2019).

Bill Text

What changed in the latest version

67 added · 44 removed

Plain-language change summary

The recent amendment to Bill HB 3302 added specific clarity about the procedures for handling complaints related to educational matters. It emphasizes that school districts must respond to complaints within a set timeframe and requires them to share all related documentation with the complainant and their attorney. This ensures transparency and accountability in how complaints are managed, supporting a fair process for individuals who raise concerns about educational issues.

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HB3302 Engrossed LRB101 09751 AXK 54852 b AN ACT concerning education.
HB3302 Enrolled LRB101 09751 AXK 54852 b AN ACT concerning education.
The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations.
(a) The State Board of Education shall adopt State complaint procedures, consistent with Sections 300.151, 300.152, and 300.153 of Title 34 of the Code of Federal Regulations.
If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is emancipated and has assumed responsibility for his or her own HB3302 Engrossed - 2 - LRB101 09751 AXK 54852 b educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant.
If the complaint was filed by an individual other than a parent of a child who is the subject of the complaint (or the child if the child has reached majority or is HB3302 Enrolled - 2 - LRB101 09751 AXK 54852 b emancipated and has assumed responsibility for his or her own educational decisions) and the complaint is about a specific identifiable child or children, then appropriate written signed releases must be obtained prior to the release of any documentation or information to the complainant or the attorney representing the complainant.
(b) For a complaint made under procedures authorized under this Section alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by a school district organized under Article 34 as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the complaint must be filed on or before September 30, 2021.
This filing deadline must be included in the written notification sent by the school district under subsection (b) of Section 14-8.02g.
Additional opportunity to address systemic delays and denials of special education services.
Written notification required for delays and denials of special education services.
(b) For complaints made under procedures authorized under Section 14-8.02e for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint under Section 14-8.02e.
(b) With respect to a student enrolled in the school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption HB3302 Enrolled - 3 - LRB101 09751 AXK 54852 b of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a separate written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under Section 14-8.02e, State-sponsored mediation, or an impartial due process hearing under Section 14-8.02a.
The State Board's notification of its student-specific corrective action plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection.
The written notification must include contact information for the State Board of Education, a list of organizations that provide free or low-cost legal services, advocacy, and advice on special education matters, and the filing deadline under subsection (b) of Section 14-8.02e.
The written notification must be posted on the home page of the school district's public website and must, at least once, be included with any written informational materials for parents sent home with the student.
This Act takes effect July 1, 2019.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 101-0507

  2. Effective Date August 23, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Concurs

  7. Senate Floor Amendment No. 1 House Concurs 116-000-000

  8. Added Co-Sponsor Rep. Elizabeth Hernandez

  9. Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 016-000-000

  10. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Elementary & Secondary Education: School Curriculum & Policies Committee

  11. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  12. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Fred Crespo

  13. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  14. Arrived in House

  15. Third Reading - Passed; 057-000-000

  16. Placed on Calendar Order of 3rd Reading

  17. Senate Floor Amendment No. 1 Adopted; Koehler

  18. Recalled to Second Reading

  19. Senate Floor Amendment No. 1 Recommend Do Adopt Education; 013-000-000

  20. Senate Floor Amendment No. 1 Assignments Refers to Education

  21. Placed on Calendar Order of 3rd Reading May 20, 2019

  22. Second Reading

  23. Senate Floor Amendment No. 1 Referred to Assignments

  24. Senate Floor Amendment No. 1 Filed with Secretary by Sen. David Koehler

  25. Placed on Calendar Order of 2nd Reading May 7, 2019

  26. Do Pass Education; 015-000-000

  27. Assigned to Education

  28. Referred to Assignments

  29. First Reading

  30. Chief Senate Sponsor Sen. David Koehler

  31. Placed on Calendar Order of First Reading

  32. Arrive in Senate

  33. Third Reading - Short Debate - Passed 114-000-000

  34. Placed on Calendar Order of 3rd Reading - Short Debate

  35. Second Reading - Short Debate

  36. Added Chief Co-Sponsor Rep. Jonathan Carroll

  37. Placed on Calendar 2nd Reading - Short Debate

  38. Added Co-Sponsor Rep. William Davis

  39. Do Pass as Amended / Short Debate Elementary & Secondary Education: School Curriculum & Policies Committee; 019-000-000

  40. House Committee Amendment No. 1 Adopted in Elementary & Secondary Education: School Curriculum & Policies Committee; by Voice Vote

  41. House Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee

  42. House Committee Amendment No. 1 Referred to Rules Committee

  43. House Committee Amendment No. 1 Filed with Clerk by Rep. Fred Crespo

  44. Added Chief Co-Sponsor Rep. Robert Martwick

  45. Assigned to Elementary & Secondary Education: School Curriculum & Policies Committee

  46. Referred to Rules Committee

  47. First Reading

  48. Filed with the Clerk by Rep. Fred Crespo

Sponsors

Sponsorship breakdown

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0 sponsors · 6 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (6)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 19001
Democrat 49000
Unaffiliated 48001
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Reitz — Yea
Arroyo — Yea
Robinson — Yea
Bailey — Yea
Batinick — Yea
Harris — Yea
Bennett — Yea
Skillicorn — Yea
Bourne — Yea
Brady — Yea
Bristow — Yea
Sommer — Yea
Hurley — Yea
Jones — Yea
Kalish — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Thapedi — Yea
Caulkins — Yea
Turner — Yea
Marron — Yea
Connor — Yea
Unes — Yea
Conroy — Yea
McAuliffe — Yea
D'Amico — Yea
McDermed — Yea
Davis — Yea
Wehrli — Yea
McSweeney — Yea
Demmer — Yea
Welter — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Pappas — Yea
Zalewski — Yea
Parkhurst — Yea
Madigan — Yea
Ramirez — Yea
Greenwood — Yea
Mazzochi — Not Voting
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Not Voting
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 24002
Democrat 20000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Yea
Manar — Not Voting
Harris — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 47003
Democrat 47001
Republican 20000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sommer — Yea
Durkin — Yea
Arroyo — Yea
Mazzochi — Yea
Bailey — Yea
McAuliffe — Yea
Flowers — Yea
Batinick — Yea
McDermed — Yea
Frese — Yea
Bourne — Yea
Thapedi — Yea
McSweeney — Yea
Turner — Yea
Bristow — Yea
Unes — Yea
Greenwood — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Wehrli — Yea
Caulkins — Yea
Harris — Yea
Welter — Yea
Pappas — Yea
Connor — Yea
Parkhurst — Yea
Conroy — Yea
Wheeler — Yea
Ramirez — Yea
Conyears-Ervin — Yea
Hurley — Yea
Williams — Yea
Jones — Yea
Willis — Yea
Robinson — Yea
Kalish — Yea
D'Amico — Yea
Yednock — Yea
Yingling — Yea
Skillicorn — Yea
Davis — Yea
Zalewski — Yea
Madigan — Yea
Demmer — Yea
Marron — Yea
Bennett — Not Voting
Brady — Not Voting
Costello — Not Voting
Costa Howard — Yea
Aarón M. Ortíz Democrat Yea
Anna Moeller Democrat Not Voting
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does HB 3302 do?
Amends the Children with Disabilities Article of the School Code. Provides that, for the Chicago School District only, for complaints concerning delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the creation of the State Board of Education's compensatory education plan and notification of that plan to parents and guardians of impacted children to file a complaint if the complainant has not obtained relief through (i) the compensatory education plan, (ii) a due process claim, or (iii) mediation. Provides that the State Board's notification of its compensatory education plan to parents and guardians must include notification of the extended timeframe to file complaints under this subsection. Effective July 1, 2019. House Committee Amendment No. 1 Adds reference to: 105 ILCS 5/14-8.02e Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that a complainant has no less than 2 years following the finalization (rather than creation) of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report (rather than compensatory education plan) and notification of that plan to parents and guardians of potentially impacted (rather than only impacted) children to file a complaint concerning delays and denials of special education services; makes conforming changes. Removes provisions requiring certain conditions for a parent or guardian to file a complaint. Requires a respondent to include corrective action compliance documentation with all other documentation provided to a complainant. Effective July 1, 2019. Senate Floor Amendment No. 1 Requires a complaint made under the State complaint procedures alleging a delay or denial of special education or related services in the 2016-2017 or 2017-2018 school year by the Chicago school district as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful to be filed on or before September 30, 2021 (rather than, for complaints made under procedures authorized for delays and denials of special education services in the 2016-2017 or 2017-2018 school year, a complainant has no less than 2 years following the finalization of the State Board of Education's student-specific corrective action plan per the State Board's 2017-2018 Public Inquiry Team's Corrective Action Report and notification of that plan to parents and guardians of potentially impacted children to file a complaint). Provides that, with respect to a student enrolled in the Chicago school district for or to whom appropriate special education or related services may have been delayed or denied in the 2016-2017 or 2017-2018 school year as a result of the adoption of policies and procedures identified by the State Board of Education as unlawful, the school district must provide a written notification no later than 30 days after the first school day of the 2019-2020 school year to (i) the parent or guardian of the student, (ii) a designated representative of the student, (iii) the student if he or she is an emancipated minor, or (iv) the student if he or she has reached the age of majority and does not have a designated representative that states that appropriate relief may be available through a State complaint procedure authorized under the School Code, State-sponsored mediation, or an impartial due process hearing under the Code. Specifies what the notification must include. Changes the effective date to immediate (rather than July 1, 2019).
Who sponsors HB 3302?
HB 3302 is sponsored by Fred Crespo (Democrat), Robert Martwick, Jonathan Carroll, William "Will" Davis (Democrat), David Koehler (Democrat), and Elizabeth "Lisa" Hernandez (Democrat).
What is the current status of HB 3302?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track HB 3302?
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