Special education teacher standing by the desk with paper craft in art class and assisting elementary students

Governor Pritzker Signs New Legislation Making Changes to Special Education Eligibility for Transition Services

Jul 29, 2021

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On July 28, 2021, Governor J.B. Pritzker signed House Bills (HB) 0040 and 2748 into law as Public Acts 102-0172 and 102-0173, respectively. These bills have a significant impact on the age of eligibility for special education services, and each has taken effect immediately.

HB 0040 provides that a student with an individualized education program (IEP) who requires continued public school educational experience to facilitate their successful transition and integration into adult life, and whose 22nd birthday occurs during the school year, is eligible for such services through the end of the school year, rather than being eligible for such services only until the day before his or her 22nd birthday.

HB 2748 provides that if a student with an IEP reaches the age of 22 during the time in which the student’s in-person instruction, services, or activities have been suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic, the student is eligible for such services up to the end of the regular 2021-2022 school year unless the student is no longer a resident of the school district that was responsible for the student’s IEP at the time the student reached his or her 22nd birthday. If a student was in a private therapeutic day or residential program during their 22nd birthday, the school district is not required to resume that program if the student has aged out of the program or the funding for supporting the student’s placement in the facility is no longer available. School districts must provide notice by regular mail to each student covered by this Bill of the availability of these services within 30 days of July 28, 2021.

Please contact a Robbins Schwartz attorney if you have any questions regarding the content of these bills or your school district’s obligations thereunder.