Summer in Springfield: Special Education Policy Round-Up

The 104th General Assembly wrapped up its spring session in May, advancing a number of special education bills. In addition to legislative developments, the Illinois State Board of Education (“ISBE”) recently implemented regulatory changes that will also shape school district practices in the coming school year. Below, we highlight key bills and significant regulatory updates that schools should have on their radar as they plan for the 2025-2026 school year. These bills are still awaiting the Governor’s signature.

HB 2537 – Transition Planning

Illinois law requires transition planning as part of the IEP process starting at age 14 ½. HB 2537 will now require transition planning to include, by the school year in which a student turns 16, discussions regarding the student’s graduation status and the implications of high school graduation. The IEP team must inform the student, their parent or guardian, and any designated representative that graduation with a regular high school diploma will terminate the student’s eligibility for a free appropriate public education and that the student may continue to receive IEP services until the end of the school year in which they turn 22 if appropriate to meet their IEP goals.

If signed, this bill will take effect immediately. As such, schools should begin considering when and how to approach these discussions during the transition planning process.

HB 2994 – Parent Access to Mental Health Records

House Bill 2994 carves out an exception within the Mental Health and Developmental Disabilities Confidentiality Act (“Confidentiality Act”) for parental access to school based mental health and developmental disability records, namely social work, psychologist and nursing special education records. The bill states that parents of minors who receive special education services pursuant to an IEP, regardless of the minor’s age, may inspect and copy the minor’s record of mental health or developmental services that the parent consented to on the minor’s behalf for special education purposes. However, the exemption for non-disclosure of personal notes by the provider still applies. While this is a change within the Confidentiality Act, because school districts are already releasing such service provider logs and records to parents pursuant to the Family Educational Rights and Privacy Act (“FERPA”) and the Illinois School Student Records Act (“ISSRA”), we do not expect this bill to require significant changes to a school district’s current practices.  
If signed, this bill will take effect on January 1, 2026.

SB 1231 – Extending the IEE Due Process Timeline

Currently, when a parent requests an independent educational evaluation (“IEE”) at public expense, the school district has only 5 calendar days to either agree to fund the IEE or request a due process hearing to determine whether the district’s evaluation was appropriate. SB 1231 gives districts some breathing room, instead allowing 7 school days to either agree to the IEE or request a due process hearing. Additionally, the bill extends the deadline for completing the IEE from 30 calendar days to 60 school days. If signed, this bill will take effect on January 1, 2026.

As noted below, ISBE also recently amended the special education regulations. One such change relates to IEEs and provides that a parent may now submit a request for an IEE to a special education administrator or to the school district superintendent. Historically, the IEE had to be submitted to the district superintendent. While the IEE timeline changes become effective on January 1, 2026, this regulatory change became effective on May 5, 2025. Given the relatively short timelines for responding to requests for an IEE, it is important that all special education administrators are aware of this change and what steps to take upon receipt of a request for an IEE.

HB 2337 – Prospective Waiver of Claims

Until now, Illinois law has remained silent regarding whether mediation, resolution, or settlement agreements may contain prospective waivers of claims in exchange for the district’s agreement to provide parents with relief. HB 2337 offers clarity into this settlement agreement practice. The bill states that, in the context of due process proceedings, mediations, resolutions, or settlement agreements, a prospective waiver of claims is permitted, as long as:

• The waived claim is related only to the subject student;
• The waived claim is related to the claims raised in the complaint being settled; and
• The waiver is for a reasonable duration not exceeding the duration of the agreement.

If signed, this bill will take effect immediately.

HB 1366 – Notice Re: Advocates and IEP Facilitation

Districts must provide notice of parents’ right to invite individuals to an IEP meeting to assist them, including advocates and individuals with expertise regarding the child. Districts must also disseminate forthcoming ISBE materials about IEP facilitation. We would expect that ISBE will be updating the IEP Notification of Conference to implement this change. If signed, this bill will take effect January 1, 2026.

HB 2390 – Withdrawal from a Special Ed Joint Agreement

This bill creates additional requirements for districts that plan to withdraw from a special education joint agreement related to the notice content and timing of the same. If signed, this bill will take effect January 1, 2026.

SB 0408 – Summary of Performance in Permanent Record

A summary of performance for students who receive special education services should be maintained in the student’s permanent record. It may be excluded from the permanent record with notice to and consent from the student and their parent or guardian. Historically, the summary of performance was contained in the student’s temporary record. If signed, this bill will take effect July 1, 2026.

SB 1672 – Early Literacy Screening

On or before the 30th day of the 2026-2027 school year, school districts that service K-3rd grade students must report to ISBE any literacy screenings used by the district, the grade level of students receiving the screenings, and the frequency of their administration.

Regulatory Changes

Alongside these legislative shifts, effective May 5, 2025, ISBE updated special education sections of the Illinois Administrative Code.

23 ILAC 226.220 – Provision of IEP to Parents

The IDEA and the School Code have long provided that when an IEP is developed or revised, the school district must immediately provide a copy of the IEP to the parents. The regulations now provide a process for providing a copy of the IEP to parents at a later date if the “later date is agreed upon by the parent and documented in the IEP.”  In light of this change, the LEA should address the timeline for producing a copy of the IEP to the parents at the end of every IEP meeting, and, if additional time is needed to finalize the IEP document, including the additional notes from the meeting, the LEA and parents should agree to the timeline for production of the IEP and note this agreement in the additional notes.  

23 ILAC 226.220 – PUNS Registration

To address concerns that lack of awareness and information about the PUNS database results in underutilization or delays in PUNS registration, at the annual review of students with an intellectual disability or a developmental disability, which, for purposes of this section, means a student with an impairment of general intellectual functioning or adaptive behavior similar to that of persons with an intellectual disability, the IEP team must discuss the student’s PUNS database registration status. If the student is not registered for the PUNS database or if  the student’s registration status is unclear, the LEA must share the name and contact information of a school district employee who will provide the parents and the student with the name, location, and contact information of the appropriate Intermediate Service Center to contact to register the student for the PUNS database; the information and documentation the parents and student will need to complete the PUNS database registration process; and information about organizations and programs in Illinois that offer information to families about the PUNS database and the registration process.

23 ILAC 226.300 – Homebound Services

When a student with an IEP has a medical condition that will cause an absence for two or more consecutive weeks of school or ongoing intermittent absences, the IEP team must meet “to determine” the type and amount of home or hospital services. This is a change from the previous requirement that IEP teams “consider the need for” home or hospital services for students with IEPs. In light of this change, school districts should consult with their legal counsel prior to convening an IEP meeting to discuss home or hospital services. Robbins Schwartz is keeping an eye on activity in Springfield as the Governor signs these and other education bills into law. Please feel free to contact your Robbins Schwartz attorney with any questions regarding these legislative updates and how these might impact your school district’s practices.