Rep. Michelle Mussman

Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides those entitled to inspect and copy a recipient's record include the parent or guardian of a minor, regardless of the minor's age, who is involved in special education services under the School Code or the "designated representative" of a student over the age of 18 involved in special education services under the School Code.

Creates the Child Welfare Disclosure to Parents and Caregivers Act. Provides that it is the policy of the State that parents receiving intact family services or reunification services from the Illinois child welfare system have specified rights, including, but not limited to, the right to: (1) be treated with dignity and respect and as a valued member of the child welfare team; (2) be consulted about relative placement options for their children prior to placement in a foster home; (3) be notified and considered as a placement resource, as the noncustodial parent, prior to protective custody; (4) receive timely visitation with their children; (5) be provided a copy of the Child Welfare Disclosure to Parents and Caregivers Act at the time of case opening for intact family services or reunification services; (6) participate in the development of the hair care plan for their child; and other enumerated rights. Effective immediately.

Amends the School Code. Provides that the State Board of Education shall include in its handbook regarding dyslexia guidelines on the administration of universal screeners for a risk of reading difficulties and secondary reviews, the interpretation of data from these screeners and reviews, and the resulting appropriate intervention within a multi-tiered system of support framework. Requires the State Board to adopt any rules necessary to ensure that a student will be screened for a risk of reading difficulties using a universal screener. Provides that a student shall be screened: (1) if the student is enrolled in a public school in any of grades kindergarten through 3; (2) if the student is in any of grades kindergarten through 3, transfers to a new public school, and has not been screened twice previously during the school year; (3) if the student is in grade 4 or higher and the student's teacher, parent, or guardian requests that the student be screened for a risk of reading difficulties using a universal screener; or (4) if the student is from another state and enrolls for the first time in any of grades kindergarten through 3 in a school district in the State. Provides that, beginning with the 2025-2026 school year, each school district must screen students, no less than twice each school year, in grades kindergarten through 3 for a risk of reading difficulties using a universal screener approved by the State Board. Provides for intervention. Requires a report to the State Board. Makes other changes. Effective immediately.

Amends the Children with Disabilities Article of the School Code. Provides that, by no later than the beginning of a student's third year of high school or by the student's 16th birthday, whichever occurs first, the transition planning process must include a consideration of whether the student is a candidate for graduation. Requires this process to involve discussions with the student's individualized education program team, including the parent and the student. Provides that the discussions must address the implications of graduating with a regular diploma, particularly how it affects the student's right to receive a free appropriate public education (FAPE). Effective immediately.

Amends the School Code. Prohibits a child from being denied a free public education through secondary school while in the State based on the child's or associated person's perceived or actual citizenship or immigration status. Prohibits a school from excluding a child, or associated person, from participation in or denying a child, or associated person, the benefits of any program or activity on the grounds of that child's, or associated person's, actual or perceived citizenship or immigration status. Provides that a school must not use criteria, measures, or methods of administration that have the effect of excluding from participation or denying the benefits of any program or activity because of a child's, or associated person's, actual or perceived immigration status. Prohibits a school from threatening to disclose information regarding or relating to the actual or perceived citizenship or immigration status of a child, or associated person, or actually disclosing information based on perceived or unverified citizenship or immigration status, to any other person, entity, or any immigration or law enforcement agency. Provides that a school must not allow an immigration agent to enter a school site or school district facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and, to the extent possible, receiving approval from the superintendent of the school district or the principal of the charter school, and their legal counsel. Provides that a school district or school must not detain any individual solely on the basis of any formal or informal request, or immigration detainer or civil immigration warrant from an immigration agent. Requires a school district or school to adopt a policy for complying with the amendatory Act. Allows any party aggrieved by a violation of the provisions to bring a civil lawsuit no later than 2 years after the violation occurred. Provides that if the court finds that a violation has occurred, the court may award to the plaintiff 3 times actual damages or $17,000, whichever is greater. Makes other changes.

Amends the Children with Disabilities Article of the School Code. Provides that for a child residing in a long-term, acute care facility serving a majority of patients who are (i) minor children and (ii) Medicaid-eligible in Harvey School District 152, if a parent or guardian moves out of the State after the child is placed in such a facility, that parent or guardian shall enroll the child in a school in the other state to initiate reimbursement to Illinois. With respect to determining the location of a student's parent or guardian, provides that the information submitted to the State Superintendent of Education must include an affidavit from that school district's superintendent or the facility's director attesting that the location of the parent or guardian is unknown and at least 3 satisfactory attempts (rather than 4 items of documentary evidence that a minimum of 4 separate attempts) were made on 3 separate days to locate the parent or guardian and no response was received from the parent or guardian within 14 days after such satisfactory attempts. Provides that for a child residing in a long-term, acute care facility serving a majority of patients who are (i) minor children and (ii) Medicaid-eligible in Harvey School District 152, the following apply: (1) if the child is not currently enrolled in a school district or if the resident school district is unknown, the appropriate resident school district must be identified and the child must be enrolled in that district prior to the placement of the child, except in emergency situations; (2) for a child with an out-of-state resident district whose out-of-state resident district has refused to enroll the child in the district, despite being contacted by both the nonpublic school within the applicable facility and the State Board of Education, the resident district shall be the student's most recent resident district in Illinois and that resident district shall be the responsible payee; and (3) the equivalent of each applicable child's tuition receipts for the 2025-2026 school year shall be paid to the resident district. Makes other changes. Effective immediately.

Maddy summarySB 851 makes a technical amendment to the Public-Private Partnerships for Transportation Act. It specifically revises a section concerning the short title of the act.

Amends the Children with Disabilities Article of the School Code. With respect to impartial due process hearings, provides that no mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), or the designated representative of a student who is at least 18 years of age prospectively waive a free, appropriate public education or prospectively waive the right to assert claims for the nonimplementation of a free, appropriate public education. Provides that any mediation agreement, resolution agreement, or settlement agreement containing such prospective waivers is unenforceable in an administrative proceeding or in a State or federal court. Effective immediately.

Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "acute sexual assault" as a sexual assault that has recently occurred within a specified time. Replaces various references to "sexual assault" with "acute sexual assault". Deletes the definition of "prepubescent sexual assault survivor". Changes provisions regarding hospitals located in counties with a population of less than 1,000,000 and within a 20-mile radius of a 4-year public university with respect to a sexual assault treatment plan approved by the Department of Public Health. Makes changes in various provisions concerning plans of correction and penalties for hospitals that commit specified violations of the Act. In provisions regarding requirements for medical forensic services, provides that the provisions of the Act are not intended to prohibit a qualified medical provider from offering an Illinois Sexual Assault Evidence Collection Kit to a sexual assault survivor who presents at a treatment hospital or approved pediatric health care facility with a nonacute complaint of sexual assault if there is a compelling reason for evidence collection, or upon the request of the survivor. In provisions regarding the prohibition on billing sexual assault survivors directly for certain services, changes references to the Office of the Attorney General to references to the Department of Healthcare and Family Services.

Amends the School Code. Requires the State Board of Education to analyze the use of grant fund requests for a consolidation analysis or consolidation expenses in relation to the School District Reorganization Feasibility Studies. Requires the State Board to create a list of overlapping or bordering school districts with the most similar operating tax rates and percentage of adequacy funding per pupil. Requires the State Board to communicate to the superintendents and school boards of those school districts on the list that the State Board's analysis makes the school district a good candidate for the grant funds. Requires the school board to hold a public hearing to review the State Board's written communication and decide whether to apply for the grant funds. Requires the State Board to report to the General Assembly as to whether the school districts on the list applied for the grant funds, whether a grant was awarded, and what, if any, State Board action was taken in response to the grant-funded consolidation analysis. Requires the State Board to also provide to interested school districts a list of neutral parties to conduct an independent consolidation analysis with the grant funds.