HB2337 - 104th General Assembly (2025-2026)

SCH CD-SPECIAL ED-SETTLEMENT
Last Action
8/15/2025 - House: Public Act . . . . . . . . . 104-0211
Statutes Amended In Order of Appearance
105 ILCS 5/14-8.02a  
Synopsis As Introduced
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.

House Committee Amendment No. 1
Provides that if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement (rather than providing 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 and 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).

House Floor Amendment No. 2
Provides that a mediation agreement, resolution agreement, or settlement agreement may include, as a condition of settlement, that a parent, a student who is at least 18 years of age or emancipated, the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waives a legal right or claim if (i) the legal right or claim being waived is related only to the student who is the subject of the mediation, resolution meeting, or settlement negotiations, (ii) the legal right or claim being waived is related to the claims raised in the complaint being settled, and (iii) the prospective waiver is for a reasonable duration not to exceed the duration of the mediation agreement, resolution agreement, or settlement agreement (rather than if a mediation agreement, resolution agreement, or settlement agreement includes, as a condition of settlement, that a parent, a student (if at least 18 years of age or emancipated), the legal guardian of a student, or the designated representative of a student who is at least 18 years of age prospectively waive a legal right or claim, the prospective waiver (i) must be limited to the provision of a free appropriate public education (FAPE) for the student who is the subject of the mediation, resolution meeting, or settlement negotiations and (ii) must be limited in scope and duration and narrowly tailored to the nature and intent of the settlement).
Actions
DateChamberAction
1/30/2025HouseFiled with the Clerk by Rep. Laura Faver Dias
2/04/2025HouseFirst Reading
2/04/2025HouseReferred to Rules Committee
2/19/2025HouseAdded Co-Sponsor Rep. Michael Crawford
2/21/2025HouseAdded Co-Sponsor Rep. Michelle Mussman
2/25/2025HouseAssigned to Education Policy Committee
2/28/2025HouseAdded Co-Sponsor Rep. Camille Y. Lilly
3/04/2025HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Laura Faver Dias
3/04/2025HouseHouse Committee Amendment No. 1 Referred to Rules Committee
3/05/2025HouseHouse Committee Amendment No. 1 Rules Refers to Education Policy Committee
3/12/2025HouseHouse Committee Amendment No. 1 Adopted in Education Policy Committee; by Voice Vote
3/12/2025HouseDo Pass as Amended / Short Debate Education Policy Committee; 013-000-000
3/12/2025HousePlaced on Calendar 2nd Reading - Short Debate
3/26/2025HouseAdded Chief Co-Sponsor Rep. Diane Blair-Sherlock
3/26/2025HouseSecond Reading - Short Debate
3/26/2025HouseHeld on Calendar Order of Second Reading - Short Debate
4/01/2025HouseAdded Co-Sponsor Rep. Edgar González, Jr.
4/03/2025HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Laura Faver Dias
4/03/2025HouseHouse Floor Amendment No. 2 Referred to Rules Committee
4/07/2025HouseHouse Floor Amendment No. 2 Rules Refers to Education Policy Committee
4/09/2025HouseHouse Floor Amendment No. 2 Recommends Be Adopted Education Policy Committee; 013-000-000
4/10/2025HouseHouse Floor Amendment No. 2 Adopted
4/10/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/10/2025HouseThird Reading - Short Debate - Passed 113-000-000
4/10/2025HouseAdded Chief Co-Sponsor Rep. Amy Briel
4/10/2025HouseAdded Chief Co-Sponsor Rep. Amy Elik
4/10/2025HouseAdded Co-Sponsor Rep. Mary Beth Canty
4/10/2025HouseAdded Co-Sponsor Rep. Martha Deuter
4/10/2025HouseAdded Co-Sponsor Rep. Rita Mayfield
4/10/2025HouseAdded Co-Sponsor Rep. Yolonda Morris
4/10/2025HouseAdded Co-Sponsor Rep. Sonya M. Harper
4/10/2025HouseAdded Co-Sponsor Rep. Kimberly Du Buclet
4/10/2025HouseAdded Co-Sponsor Rep. Jehan Gordon-Booth
4/10/2025HouseAdded Co-Sponsor Rep. Harry Benton
4/14/2025SenateArrive in Senate
4/14/2025SenatePlaced on Calendar Order of First Reading
4/14/2025SenateChief Senate Sponsor Sen. David Koehler
4/14/2025SenateFirst Reading
4/14/2025SenateReferred to Assignments
4/29/2025SenateAssigned to Education
5/07/2025SenateDo Pass Education; 014-000-000
5/07/2025SenatePlaced on Calendar Order of 2nd Reading May 8, 2025
5/08/2025SenateSecond Reading
5/08/2025SenatePlaced on Calendar Order of 3rd Reading May 13, 2025
5/20/2025SenatePlaced on Calendar Order of 3rd Reading **
5/22/2025SenateThird Reading - Passed; 058-000-000
5/22/2025HousePassed Both Houses
6/20/2025HouseSent to the Governor
8/15/2025HouseGovernor Approved
8/15/2025HouseEffective Date August 15, 2025
8/15/2025HousePublic Act . . . . . . . . . 104-0211