An Illinois House Bill aimed at strengthening protections for students with disabilities by prohibiting certain waivers in special education agreements has passed the House and moved to the Senate for consideration.
House Bill 2337 (HB2337), sponsored by State Representative Laura Faver Dias and a broad coalition of co-sponsors, seeks to amend the Children with Disabilities Article of the Illinois School Code. The core of the bill addresses mediation, resolution, or settlement agreements related to impartial due process hearings for students with disabilities. Specifically, it targets clauses that require parents or students to waive their rights to a free, appropriate public education (FAPE) or their ability to pursue claims if an agreement is not implemented. Under HB2337, any agreement containing such waivers would be deemed unenforceable.
When disagreements arise over a child’s Individualized Education Program (IEP), Illinois school districts often propose mediation to resolve the dispute. During these sessions, parents are frequently asked to sign waivers as part of settlement agreements. Advocates have raised concerns about districts including sweeping language in these waivers, such as requiring families to give up the right to bring complaints against the district for many years or even to waive rights for the child’s siblings.
House Bill 2337 would set clear limits on the use of waivers in special education dispute resolutions:
- Scope Limited to the Student Involved: Waivers must apply only to the child who is the subject of the mediation, resolution meeting, or settlement-not to siblings or other students.
- Restricted to Claims Raised in the Complaint: Parents can only waive claims that are directly related to the issues raised in the specific complaint that initiated the mediation or settlement process.
- Reasonable Time Limits: Any waiver of rights must be limited in duration and cannot extend for unreasonable periods, such as the 10-year waivers seen in some recent cases.
- No Prospective Waivers of FAPE: The bill explicitly prohibits districts from requiring parents or students to prospectively waive the right to a free, appropriate public education (FAPE) or to bring claims for the nonimplementation of FAPE in the future. Any agreement containing such waivers would be unenforceable in administrative or court proceedings.
