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SB 1231

SCH ED-SPECIAL ED FACILITIES

104th Regular Session Introduced by Meg Loughran Cappel and 1 co-sponsor

Allows 60-school-day public-expenditure IEEs, with 7-school-day district due-process initiation, preserving parent rights if districts’ evals are found inappropriate.

Public Act . . . . . . . . . 104-0368
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Bill Summary · SB 1231

SB 1231 — Summary (Public Act 104‑0368)

Status: Enacted as Public Act 104‑0368. Filed: 2025. Effective date: January 1, 2026. Sponsors: Sen. Meg Loughran Cappel (primary) and others.

Purpose

Amends Section 14‑8.02 of the Illinois School Code (Children with Disabilities) to revise procedural timeframes and related procedures for independent educational evaluations (IEEs) and impartial due process hearings when a parent requests an IEE. The act preserves parent rights to challenge district evaluations while adjusting timelines that govern district responses and completion of IEEs.

Key provisions and changes

  • Time to initiate district due‑process challenge:
    • Enacted version requires a school district to initiate an impartial due process hearing within 7 school days (amendment history: bill originally proposed 14 days; earlier statute used 5 days) of a parent's written request for an IEE if the district wishes to show its evaluation is appropriate.
  • Timeframe to complete an independent educational evaluation (IEE) at public expense:
    • Requires an IEE at public expense to be completed within 60 school days (previously 30 days in statute) of the parent’s written request, unless the district initiates a due process hearing or either party shows reasonable grounds for an extension.
    • If the due‑process decision finds the parent is entitled to an IEE, the IEE must be completed within 60 school days of that decision, unless reasonable grounds justify an extension.
  • Parent rights preserved:
    • If the district’s evaluation is found inappropriate, the district must reimburse the parent for the cost of the IEE.
    • If the district’s evaluation is ultimately found appropriate, the parent still may obtain an IEE but not at public expense.
  • Other existing provisions retained and restated:
    • Requirements for nondiscriminatory evaluation procedures, especially for English learners (including use of qualified bilingual specialists and linguistically/culturally appropriate IEPs).
    • Multidisciplinary case study/review process and parent receipt of conference summaries and recommendations.
    • Requirement for parental consent before evaluation; right of the district to seek a hearing if consent withheld or parent disputes findings.
    • Timeline for eligibility determination and IEP meeting: within 60 school days of written parental consent (or prior to next school year if fewer than 60 pupil days remain).
    • Requirement that special education/related services begin no later than 10 school attendance days after notice is provided consistent with federal regulations.
    • State Board list of suggested independent evaluators (including clinical psychologists) and a cap on psychologist fees (not to exceed rate for school psychologists).

Who is affected

  • Parents and guardians of children suspected of having a disability (including English learners)
  • Local school districts and their special education staff
  • Independent evaluators and clinical psychologists listed for IEEs
  • State Board of Education (rulemaking/monitoring responsibilities)
  • Department of Children and Family Services when children are in its custody

Procedural/timeline notes

  • Bill underwent amendments in committee and on the floor (timelines adjusted from the version introduced).
  • Became Public Act 104‑0368; effective January 1, 2026.
  • Maintains alignment with federal IDEA rights (e.g., right to IEE, timelines for IEP development and implementation) while altering state timelines for IEE completion and district action.

If you want, I can produce a side‑by‑side comparison of the old vs. new language for Section 14‑8.02 or prepare a short FAQ for parents and districts explaining operational impacts.

Compiled from official sources — confirm details with the bill’s official record.

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