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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4280

Introduced 1/14/2026, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-8.02

Amends the Children with Disabilities Article of the School Code.
With respect to the identification, evaluation, and placement of children,
requires the State Superintendent of Education to send a copy of certain
revised uniform notices by July 1 of every even-numbered year to each
school district and statewide organization representing those school
professions involved with individualized education programs. Requires the
copy of the revised uniform notices to include an updated instruction
guide and access to remote training materials. Provides that a third-party
software provider that creates a platform for an individualized
educational assessment form shall include a footnote that includes a
reference to how to contact the State Board of Education, instructions on
completing an individualized educational assessment form, an instructional
video on how to fill out an individualized educational assessment form,
and contact information for a person at the State Board of Education who
can answer questions about completing an individualized educational
assessment form. Prohibits a school district from modifying or customizing
its individualized educational assessment form. Provides that the State
Board of Education, in its adoption of rules regarding an individualized
education program, may not include in an individualized educational
assessment form a separate section regarding autism consideration.
LRB104 16661 LNS 30065 b

A BILL FOR

HB4280
LRB104 16661 LNS 30065 b
1

AN ACT concerning education.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
14-8.02 as follows:

6

(105 ILCS 5/14-8.02)
7

Sec. 14-8.02.
Identification, evaluation, and placement of
8
children.
9

(a) The State Board of Education shall make rules under
10
which local school boards shall determine the eligibility of
11
children to receive special education. Such rules shall ensure
12
that a free appropriate public education be available to all
13
children with disabilities as defined in Section 14-1.02. The
14
State Board of Education shall require local school districts
15
to administer non-discriminatory procedures or tests to
16
English learners coming from homes in which a language other
17
than English is used to determine their eligibility to receive
18
special education. The placement of low English proficiency
19
students in special education programs and facilities shall be
20
made in accordance with the test results reflecting the
21
student's linguistic, cultural and special education needs.
22
For purposes of determining the eligibility of children the
23
State Board of Education shall include in the rules

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1
definitions of "case study", "staff conference",
2
"individualized educational program", and "qualified
3
specialist" appropriate to each category of children with
4
disabilities as defined in this Article. For purposes of
5
determining the eligibility of children from homes in which a
6
language other than English is used, the State Board of
7
Education shall include in the rules definitions for
8
"qualified bilingual specialists" and "linguistically and
9
culturally appropriate individualized educational programs".
10
For purposes of this Section, as well as Sections 14-8.02a,
11
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
12
as defined in the federal Individuals with Disabilities
13
Education Act (20 U.S.C. 1401(23)).
14

(b) No child shall be eligible for special education
15
facilities except with a carefully completed case study fully
16
reviewed by professional personnel in a multidisciplinary
17
staff conference and only upon the recommendation of qualified
18
specialists or a qualified bilingual specialist, if available.
19
At the conclusion of the multidisciplinary staff conference,
20
the parent of the child and, if the child is in the legal
21
custody of the Department of Children and Family Services, the
22
Department's Office of Education and Transition Services shall
23
be given a copy of the multidisciplinary conference summary
24
report and recommendations, which includes options considered,
25
and, in the case of the parent, be informed of his or her right
26
to obtain an independent educational evaluation if he or she

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1
disagrees with the evaluation findings conducted or obtained
2
by the school district. If the school district's evaluation is
3
shown to be inappropriate, the school district shall reimburse
4
the parent for the cost of the independent evaluation. The
5
State Board of Education shall, with advice from the State
6
Advisory Council on Education of Children with Disabilities on
7
the inclusion of specific independent educational evaluators,
8
prepare a list of suggested independent educational
9
evaluators. The State Board of Education shall include on the
10
list clinical psychologists licensed pursuant to the Clinical
11
Psychologist Licensing Act. Such psychologists shall not be
12
paid fees in excess of the amount that would be received by a
13
school psychologist for performing the same services. The
14
State Board of Education shall supply school districts with
15
such list and make the list available to parents at their
16
request. School districts shall make the list available to
17
parents at the time they are informed of their right to obtain
18
an independent educational evaluation. However, the school
19
district may initiate an impartial due process hearing under
20
this Section within 7 school days of any written parent
21
request for an independent educational evaluation to show that
22
its evaluation is appropriate. If the final decision is that
23
the evaluation is appropriate, the parent still has a right to
24
an independent educational evaluation, but not at public
25
expense. An independent educational evaluation at public
26
expense must be completed within 60 school days of a parent's

HB4280
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LRB104 16661 LNS 30065 b
1
written request unless the school district initiates an
2
impartial due process hearing or the parent or school district
3
offers reasonable grounds to show that such time period should
4
be extended. If the due process hearing decision indicates
5
that the parent is entitled to an independent educational
6
evaluation, it must be completed within 60 school days of the
7
decision unless the parent or the school district offers
8
reasonable grounds to show that such period should be
9
extended. If a parent disagrees with the summary report or
10
recommendations of the multidisciplinary conference or the
11
findings of any educational evaluation which results
12
therefrom, the school district shall not proceed with a
13
placement based upon such evaluation and the child shall
14
remain in his or her regular classroom setting. No child shall
15
be eligible for admission to a special class for children with
16
a mental disability who are educable or for children with a
17
mental disability who are trainable except with a
18
psychological evaluation and recommendation by a school
19
psychologist. Consent shall be obtained from the parent of a
20
child before any evaluation is conducted. If consent is not
21
given by the parent or if the parent disagrees with the
22
findings of the evaluation, then the school district may
23
initiate an impartial due process hearing under this Section.
24
The school district may evaluate the child if that is the
25
decision resulting from the impartial due process hearing and
26
the decision is not appealed or if the decision is affirmed on

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1
appeal. The determination of eligibility shall be made and the
2
IEP meeting shall be completed within 60 school days from the
3
date of written parental consent. In those instances when
4
written parental consent is obtained with fewer than 60 pupil
5
attendance days left in the school year, the eligibility
6
determination shall be made and the IEP meeting shall be
7
completed prior to the first day of the following school year.
8
Special education and related services must be provided in
9
accordance with the student's IEP no later than 10 school
10
attendance days after notice is provided to the parents
11
pursuant to Section 300.503 of Title 34 of the Code of Federal
12
Regulations and implementing rules adopted by the State Board
13
of Education. The appropriate program pursuant to the
14
individualized educational program of students whose native
15
tongue is a language other than English shall reflect the
16
special education, cultural and linguistic needs. No later
17
than September 1, 1993, the State Board of Education shall
18
establish standards for the development, implementation and
19
monitoring of appropriate bilingual special individualized
20
educational programs. The State Board of Education shall
21
further incorporate appropriate monitoring procedures to
22
verify implementation of these standards. The district shall
23
indicate to the parent, the State Board of Education, and, if
24
applicable, the Department's Office of Education and
25
Transition Services the nature of the services the child will
26
receive for the regular school term while awaiting placement

HB4280
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LRB104 16661 LNS 30065 b
1
in the appropriate special education class. At the child's
2
initial IEP meeting and at each annual review meeting, the
3
child's IEP team shall provide the child's parent or guardian
4
and, if applicable, the Department's Office of Education and
5
Transition Services with a written notification that informs
6
the parent or guardian or the Department's Office of Education
7
and Transition Services that the IEP team is required to
8
consider whether the child requires assistive technology in
9
order to receive free, appropriate public education. The
10
notification must also include a toll-free telephone number
11
and internet address for the State's assistive technology
12
program.
13

If the child is deaf, hard of hearing, blind, or visually
14
impaired or has an orthopedic impairment or physical
15
disability and he or she might be eligible to receive services
16
from the Illinois School for the Deaf, the Illinois School for
17
the Visually Impaired, the Illinois Center for Rehabilitation
18
and Education-Wood, or the Illinois Center for Rehabilitation
19
and Education-Roosevelt, the school district shall notify the
20
parents, in writing, of the existence of these schools and the
21
services they provide and shall make a reasonable effort to
22
inform the parents of the existence of other, local schools
23
that provide similar services and the services that these
24
other schools provide. This notification shall include,
25
without limitation, information on school services, school
26
admissions criteria, and school contact information.

HB4280
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LRB104 16661 LNS 30065 b
1

In the development of the individualized education program
2
for a student who has a disability on the autism spectrum
3
(which includes autistic disorder, Asperger's disorder,
4
pervasive developmental disorder not otherwise specified,
5
childhood disintegrative disorder, and Rett Syndrome, as
6
defined in the Diagnostic and Statistical Manual of Mental
7
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
8
consider all of the following factors:
9

(1) The verbal and nonverbal communication needs of
10

the child.
11

(2) The need to develop social interaction skills and
12

proficiencies.
13

(3) The needs resulting from the child's unusual
14

responses to sensory experiences.
15

(4) The needs resulting from resistance to
16

environmental change or change in daily routines.
17

(5) The needs resulting from engagement in repetitive
18

activities and stereotyped movements.
19

(6) The need for any positive behavioral
20

interventions, strategies, and supports to address any
21

behavioral difficulties resulting from autism spectrum
22

disorder.
23

(7) Other needs resulting from the child's disability
24

that impact progress in the general curriculum, including
25

social and emotional development.
26
Public Act 95-257 does not create any new entitlement to a

HB4280
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LRB104 16661 LNS 30065 b
1
service, program, or benefit, but must not affect any
2
entitlement to a service, program, or benefit created by any
3
other law.
4

If the student may be eligible to participate in the
5
Home-Based Support Services Program for Adults with Mental
6
Disabilities authorized under the Developmental Disability and
7
Mental Disability Services Act upon becoming an adult, the
8
student's individualized education program shall include plans
9
for (i) determining the student's eligibility for those
10
home-based services, (ii) enrolling the student in the program
11
of home-based services, and (iii) developing a plan for the
12
student's most effective use of the home-based services after
13
the student becomes an adult and no longer receives special
14
educational services under this Article. The plans developed
15
under this paragraph shall include specific actions to be
16
taken by specified individuals, agencies, or officials.
17

(c) In the development of the individualized education
18
program for a student who is functionally blind, it shall be
19
presumed that proficiency in Braille reading and writing is
20
essential for the student's satisfactory educational progress.
21
For purposes of this subsection, the State Board of Education
22
shall determine the criteria for a student to be classified as
23
functionally blind. Students who are not currently identified
24
as functionally blind who are also entitled to Braille
25
instruction include: (i) those whose vision loss is so severe
26
that they are unable to read and write at a level comparable to

HB4280
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LRB104 16661 LNS 30065 b
1
their peers solely through the use of vision, and (ii) those
2
who show evidence of progressive vision loss that may result
3
in functional blindness. Each student who is functionally
4
blind shall be entitled to Braille reading and writing
5
instruction that is sufficient to enable the student to
6
communicate with the same level of proficiency as other
7
students of comparable ability. Instruction should be provided
8
to the extent that the student is physically and cognitively
9
able to use Braille. Braille instruction may be used in
10
combination with other special education services appropriate
11
to the student's educational needs. The assessment of each
12
student who is functionally blind for the purpose of
13
developing the student's individualized education program
14
shall include documentation of the student's strengths and
15
weaknesses in Braille skills. Each person assisting in the
16
development of the individualized education program for a
17
student who is functionally blind shall receive information
18
describing the benefits of Braille instruction. The
19
individualized education program for each student who is
20
functionally blind shall specify the appropriate learning
21
medium or media based on the assessment report.
22

(d) To the maximum extent appropriate, the placement shall
23
provide the child with the opportunity to be educated with
24
children who do not have a disability; provided that children
25
with disabilities who are recommended to be placed into
26
regular education classrooms are provided with supplementary

HB4280
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LRB104 16661 LNS 30065 b
1
services to assist the children with disabilities to benefit
2
from the regular classroom instruction and are included on the
3
teacher's regular education class register. Subject to the
4
limitation of the preceding sentence, placement in special
5
classes, separate schools or other removal of the child with a
6
disability from the regular educational environment shall
7
occur only when the nature of the severity of the disability is
8
such that education in the regular classes with the use of
9
supplementary aids and services cannot be achieved
10
satisfactorily. The placement of English learners with
11
disabilities shall be in non-restrictive environments which
12
provide for integration with peers who do not have
13
disabilities in bilingual classrooms. Annually, each January,
14
school districts shall report data on students from
15
non-English speaking backgrounds receiving special education
16
and related services in public and private facilities as
17
prescribed in Section 2-3.30. If there is a disagreement
18
between parties involved regarding the special education
19
placement of any child, either in-state or out-of-state, the
20
placement is subject to impartial due process procedures
21
described in Article 10 of the Rules and Regulations to Govern
22
the Administration and Operation of Special Education.
23

(e) No child who comes from a home in which a language
24
other than English is the principal language used may be
25
assigned to any class or program under this Article until he
26
has been given, in the principal language used by the child and

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LRB104 16661 LNS 30065 b
1
used in his home, tests reasonably related to his cultural
2
environment. All testing and evaluation materials and
3
procedures utilized for evaluation and placement shall not be
4
linguistically, racially or culturally discriminatory.
5

(f) Nothing in this Article shall be construed to require
6
any child to undergo any physical examination or medical
7
treatment whose parents object thereto on the grounds that
8
such examination or treatment conflicts with his religious
9
beliefs.
10

(g) School boards or their designee shall provide to the
11
parents of a child or, if applicable, the Department of
12
Children and Family Services' Office of Education and
13
Transition Services prior written notice of any decision (a)
14
proposing to initiate or change, or (b) refusing to initiate
15
or change, the identification, evaluation, or educational
16
placement of the child or the provision of a free appropriate
17
public education to their child, and the reasons therefor. For
18
a parent, such written notification shall also inform the
19
parent of the opportunity to present complaints with respect
20
to any matter relating to the educational placement of the
21
student, or the provision of a free appropriate public
22
education and to have an impartial due process hearing on the
23
complaint. The notice shall inform the parents in the parents'
24
native language, unless it is clearly not feasible to do so, of
25
their rights and all procedures available pursuant to this Act
26
and the federal Individuals with Disabilities Education

HB4280
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LRB104 16661 LNS 30065 b
1
Improvement Act of 2004 (Public Law 108-446); it shall be the
2
responsibility of the State Superintendent to develop uniform
3
notices setting forth the procedures available under this Act
4
and the federal Individuals with Disabilities Education
5
Improvement Act of 2004 (Public Law 108-446) to be used by all
6
school boards. The notice shall also inform the parents of the
7
availability upon request of a list of free or low-cost legal
8
and other relevant services available locally to assist
9
parents in initiating an impartial due process hearing. The
10
State Superintendent shall revise the uniform notices required
11
by this subsection (g) to reflect current law and procedures
12
at least once every 2 years.
The State Superintendent shall
13
send a copy of the revised uniform notices by July 1 of every
14
even-numbered year to each school district and statewide
15
organization representing those school professions involved
16
with individualized education programs, including, but not
17
limited to, speech-language pathologists, school social
18
workers, occupational therapists, and physical therapists. The
19
copy of the revised uniform notices shall include an updated
20
instruction guide and access to remote training materials.
21

Any parent who is deaf or does not normally communicate
22
using spoken English and who participates in a meeting with a
23
representative of a local educational agency for the purposes
24
of developing an individualized educational program or attends
25
a multidisciplinary conference shall be entitled to the
26
services of an interpreter. The State Board of Education must

HB4280
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LRB104 16661 LNS 30065 b
1
adopt rules to establish the criteria, standards, and
2
competencies for a bilingual language interpreter who attends
3
an individualized education program meeting under this
4
subsection to assist a parent who has limited English
5
proficiency.
6

(g-5) For purposes of this subsection (g-5), "qualified
7
professional" means an individual who holds credentials to
8
evaluate the child in the domain or domains for which an
9
evaluation is sought or an intern working under the direct
10
supervision of a qualified professional, including a master's
11
or doctoral degree candidate.
12

To ensure that a parent can participate fully and
13
effectively with school personnel in the development of
14
appropriate educational and related services for his or her
15
child, the parent, an independent educational evaluator, or a
16
qualified professional retained by or on behalf of a parent or
17
child must be afforded reasonable access to educational
18
facilities, personnel, classrooms, and buildings and to the
19
child as provided in this subsection (g-5). The requirements
20
of this subsection (g-5) apply to any public school facility,
21
building, or program and to any facility, building, or program
22
supported in whole or in part by public funds. Prior to
23
visiting a school, school building, or school facility, the
24
parent, independent educational evaluator, or qualified
25
professional may be required by the school district to inform
26
the building principal or supervisor in writing of the

HB4280
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LRB104 16661 LNS 30065 b
1
proposed visit, the purpose of the visit, and the approximate
2
duration of the visit. The visitor and the school district
3
shall arrange the visit or visits at times that are mutually
4
agreeable. Visitors shall comply with school safety, security,
5
and visitation policies at all times. School district
6
visitation policies must not conflict with this subsection
7
(g-5). Visitors shall be required to comply with the
8
requirements of applicable privacy laws, including those laws
9
protecting the confidentiality of education records such as
10
the federal Family Educational Rights and Privacy Act and the
11
Illinois School Student Records Act. The visitor shall not
12
disrupt the educational process.
13

(1) A parent must be afforded reasonable access of
14

sufficient duration and scope for the purpose of observing
15

his or her child in the child's current educational
16

placement, services, or program or for the purpose of
17

visiting an educational placement or program proposed for
18

the child.
19

(2) An independent educational evaluator or a
20

qualified professional retained by or on behalf of a
21

parent or child must be afforded reasonable access of
22

sufficient duration and scope for the purpose of
23

conducting an evaluation of the child, the child's
24

performance, the child's current educational program,
25

placement, services, or environment, or any educational
26

program, placement, services, or environment proposed for

HB4280
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LRB104 16661 LNS 30065 b
1

the child, including interviews of educational personnel,
2

child observations, assessments, tests or assessments of
3

the child's educational program, services, or placement or
4

of any proposed educational program, services, or
5

placement. If one or more interviews of school personnel
6

are part of the evaluation, the interviews must be
7

conducted at a mutually agreed-upon time, date, and place
8

that do not interfere with the school employee's school
9

duties. The school district may limit interviews to
10

personnel having information relevant to the child's
11

current educational services, program, or placement or to
12

a proposed educational service, program, or placement.
13

(h) In the development of the individualized education
14
program or federal Section 504 plan for a student, if the
15
student needs extra accommodation during emergencies,
16
including natural disasters or an active shooter situation,
17
then that accommodation shall be taken into account when
18
developing the student's individualized education program or
19
federal Section 504 plan.
20

(i) A third-party software provider that creates a
21
platform for an individualized educational assessment form
22
shall include, on each page of the individualized educational
23
assessment form, a footnote that includes a reference to how
24
to contact the State Board of Education, instructions on
25
completing an individualized educational assessment form, an
26
instructional video on how to fill out an individualized

HB4280
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LRB104 16661 LNS 30065 b
1
educational assessment form, and contact information for a
2
person at the State Board of Education who can answer
3
questions about completing an individualized educational
4
assessment form.
5

(j) A school district may not modify or customize its
6
individualized educational assessment form.
7

(k) The State Board of Education, in its adoption of rules
8
regarding an individualized education program, may not include
9
in an individualized educational assessment form a separate
10
section regarding autism consideration.

11
(Source: P.A. 103-197, eff. 1-1-24; 103-605, eff. 7-1-24;
12
104-270, eff. 8-15-25; 104-368, eff. 1-1-26; revised 9-12-25.)

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