HB 3897 is currently making its way through the Illinois legislative process.

This HB 3897 has been assigned to the Human Services Committee of the Illinois House on February 4, 2020.

This bill would expand special education eligibility to students through the school year in which they turn 22.

Currently, students who have not yet received a diploma are eligible for services through the day before their 22nd birthday. Note that federal funding does not cover students beyond the age of 21.

House Sponsors are:
Rep. Frances Ann Hurley – Terra Costa Howard – Rita Mayfield, Maurice A. West, II, Kelly M. Burke, Bob Morgan and Lindsey LaPointe
I have  wondered, how many students would this impact and what are other states doing?
How many students would receive additional services?

According to ISBE data, 306 students aged out during the 2018-2019 school year. If this bill were in effect last year, those students would have been entitled to continue to receive transition services and complete the school year.

What are other states doing?

I  found a 2007 OSEP memo that detailed the ages of eligibility for all 50 states. As of 2007, six states and the District of Columbia provided for students to continue to receive FAPE after their 22nd birthdays, some through the end of that semester and some through the end of that school year or beyond.

I also identified exit data from the Department of Education for the 2016-2017 school year. Based on the eligibility ages each state reported there, six additional states provided FAPE to students during the semester or school year of their 22nd birthdays.

Accordingly, extending eligibility beyond the age of 21 is becoming more common but continues to be the law in a minority of states.
The bill did not move during the veto session but likely will move forward in the spring.

You can reach out to your state representative to voice your opinion with respect to this proposed law.

The Full Text of the Law is below:

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3897

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-1.02
from Ch. 122, par. 14-1.02

Amends the Children with Disabilities Article of the School Code. Provides that a student whose 22nd birthday occurs during the school year is eligible for special education services through the end of the school year (rather than being eligible for services only until the day before his or her 22nd birthday). Effective immediately.

LRB101 14254 NHT 63126 b

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR
HB3897

LRB101 14254 NHT 63126 b

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AN ACT concerning education.

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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:

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Section 5. The School Code is amended by changing Section
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14-1.02 as follows:

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(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)
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Sec. 14-1.02. Children with disabilities. “Children with
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disabilities” means children between the ages of 3 and 21 for
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whom it is determined, through definitions and procedures
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described in the Illinois Rules and Regulations to Govern the
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Organization and Administration of Special Education, that
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special education services are needed. An eligible student who
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requires continued public school educational experience to
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facilitate his or her successful transition and integration
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into adult life is eligible for such services through age 21,
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inclusive, which, for purposes of this Article, means the day
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before the student’s 22nd birthday, unless his or her 22nd
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birthday occurs during the school year, in which case he or she
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is eligible for such services through the end of the school
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year. An individualized education program must be written and
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agreed upon by appropriate school personnel and parents or
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their representatives for any child receiving special
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education.

HB3897
– 2 –
LRB101 14254 NHT 63126 b

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(Source: P.A. 95-14, eff. 7-16-07.)

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Section 99. Effective date. This Act takes effect upon
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becoming law.