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HB 5488

Illinois House•House Floor Calendar

Summary

HB 5488, “SCH CD-504 IMPARTIAL HEARINGS”, was introduced in the House on Feb 6, 2026 by Rep. Laura Faver Dias (D). It was referred to Rules, and last saw action on Apr 17, 2026: House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee.

Record

Text

HB 5488 has 1 roll call.

hb5488/introduced.txt
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Full Text of HB5488
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	HB5488 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5488
Introduced 2/13/2026, by Rep. Laura Faver Dias
SYNOPSIS AS INTRODUCED:
105 ILCS 5/14-8.02j new
Amends the Children with Disabilities Article of the School Code. Allows the parent or guardian of a student or a student if the student is at least 18 years of age or emancipated to request an impartial, federal Section 504 due-process hearing. Within 3 business days after receipt of the request, requires a school district, special education joint agreement, or other educational entity to appoint a qualified, impartial hearing officer and to notify the hearing officer of the appointment. Requires a hearing officer to disclose any actual or potential conflict of interest to the parties. Sets forth requirements for the request, the notification of a hearing officer appointment, the response to complaints, and amendments to hearing requests. Sets forth the responsibilities of the hearing officer and the hearing procedures. Sets forth the qualification requirements to be a hearing officer. Requires the State Board of Education to create a training module for hearing officers, conduct the training, and determine whether an individual is appropriately qualified. Provides that the provisions apply to all Section 504 impartial due-process hearings requested after January 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity. Provides that nothing in the provisions may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.
LRB104 20468 LNS 33937 b
	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
		HB5488		LRB104 20468 LNS 33937 b
    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by adding Section
14-8.02j as follows:
    (105 ILCS 5/14-8.02j new)
    Sec. 14-8.02j. Section 504 impartial due-process hearings.
    (a) This Section applies to all federal Section 504 
impartial due-process hearings requested after January 1, 2027 
in cases regarding the identification, evaluation, 
eligibility, accommodations, or educational placement of a 
student who, because of a disability, is in need of or is 
believed to be in need of accommodations or services from a 
school district, special education joint agreement, or other 
educational entity.
    (b) As used in this Section:
    "Day" means the computation of days under Section 1.11 of 
the Statute on Statutes.
    "Disability" has the meaning given to that term in the 
Environmental Barriers Act.
    "Impartial", with respect to a hearing, means that a 
person (i) is not currently a resident of the school district, 
special education joint agreement, or other educational entity 
		HB5488	- 2 -	LRB104 20468 LNS 33937 b
that is a party to the hearing, except this disqualification 
does not apply to a hearing in which the party is a school 
district organized under Article 34; (ii) has not represented 
a party to the hearing as legal counsel within one year prior 
to the request for the hearing; and (iii) does not have a 
conflict of interest or has a conflict of interest that the 
parties have agreed in writing to waive.
    "Qualified" means that a person meets the minimum 
requirements to be an impartial hearing officer under 
subsection (f).
    (c) An impartial Section 504 due-process hearing may be 
requested by the parent or guardian of a student or by a 
student if the student is at least 18 years of age or 
emancipated. The request shall be made in writing to the 
superintendent of the school district where the student 
resides. If the respondent is a special education joint 
agreement or other educational entity, the request shall be 
made in writing to the chief administrator of the special 
education joint agreement or other educational entity.
    The hearing request shall, at a minimum, include (i) the 
name of the student, (ii) the student's address of residence, 
(iii) the name of the school the student is attending, (iv) a 
brief description of the nature of the problem relating to the 
identification, evaluation, eligibility, accommodations, or 
educational placement of the student, and (v) a proposed 
resolution of the problem to the extent known and available to 
		HB5488	- 3 -	LRB104 20468 LNS 33937 b
the party requesting the hearing. If the student is a homeless 
child as defined in the federal McKinney-Vento Homeless 
Assistance Act, available contact information for the student 
shall be provided.
    Within 3 business days after receipt of the hearing 
request, the school district, special education joint 
agreement, or other educational entity shall appoint a 
qualified, impartial hearing officer and shall notify the 
hearing officer of the appointment. Within 5 business days 
after the hearing officer's appointment, the hearing officer 
shall notify the parties of the appointment in writing. Within 
7 business days after the hearing request is received, the 
respondent shall file and serve upon the complainant a written 
response or other documentation indicating the respondent's 
position on the issues raised in the hearing request. The 
complainant shall have 5 days after the initial hearing 
request is received to file an amended hearing request as a 
matter of right. No further amendments of the hearing request 
may be filed without leave of the hearing officer. The filing 
of an amended hearing request shall reset the timelines under 
this Section.
    (d) A hearing officer must disclose to the parties any 
actual or potential conflict of interest, including, but not 
limited to, (i) former employment with the school district, 
special education joint agreement, or other educational entity 
that is a party to the hearing or (ii) any personal, 
		HB5488	- 4 -	LRB104 20468 LNS 33937 b
professional, or financial interest that may interfere with 
the hearing officer's objectivity as a hearing officer. If the 
hearing officer has a conflict of interest, the hearing 
officer shall recuse himself or herself unless all parties 
agree in writing to waive the conflict of interest. A party may 
raise facts that constitute a conflict of interest at any time 
during the proceedings.
    (e) The hearing officer shall be responsible for 
scheduling and conducting the hearing. The hearing officer 
shall not initiate or participate in any ex parte 
communications with the parties or their counsel, except to 
arrange the date, time, and location of the hearing. The 
hearing officer may convene a prehearing conference at least 5 
days prior to the hearing to address how the hearing will be 
conducted, including, but not limited to, the exchange of 
witness lists and documentation, the introduction of evidence, 
and the scheduling of witnesses.
    The hearing shall be held at a time and place that are 
reasonably convenient for the parties involved. The hearing 
date shall be no earlier than 15 business days after the 
respondent's receipt of the hearing request and no later than 
45 business days after the respondent's receipt of the hearing 
request. If the student's health or safety requires 
accelerated attention, the parent or guardian may request an 
expedited hearing to begin no later than 20 days after the 
respondent receives the hearing request. The hearing officer 
		HB5488	- 5 -	LRB104 20468 LNS 33937 b
shall grant this request upon a determination of good cause. 
The hearing may be held by remote means at the discretion of 
the hearing officer. However, all or a portion of the hearing 
shall be held in person upon the request of a party for good 
cause.
    The hearing shall address only those issues properly 
raised under this Section in the hearing request.
    The parent or guardian involved in the hearing shall have 
the right to have the student who is the subject of the hearing 
present. Any party may be represented by legal counsel. A 
parent, guardian, or student may be accompanied and advised by 
people with special knowledge or training with respect to the 
problems of students with disabilities at the party's own 
expense.
    Any party to the hearing has the right to present evidence 
and confront and cross-examine witnesses.
    The length of the hearing may not exceed 7 days unless good 
cause is shown. Good cause shall be determined by the hearing 
officer.
    The school district, special education joint agreement, or 
other educational entity that is the responding party shall be 
responsible for the costs of the hearing officer and for 
providing a written or electronic verbatim record of the 
proceedings.
    The school district, special education joint agreement, or 
other educational entity that is a party to the hearing must 
		HB5488	- 6 -	LRB104 20468 LNS 33937 b
provide and pay for interpretation services for a parent or 
student who has a primary language other than English at all 
stages of the process, including the hearing and the 
prehearing conference. An interpreter may be requested by any 
party and must be qualified under standards adopted by the 
State Board of Education. For a parent or student who is deaf 
or hard of hearing, the interpreter must be licensed under the 
Interpreter for the Deaf Licensure Act of 2007.
    The hearing officer shall issue a final written decision, 
including findings of fact and conclusions of law, within 10 
business days after the conclusion of the hearing and mail a 
copy of the decision to each party.
    (f) To be qualified to serve as a Section 504 impartial 
due-process hearing officer an individual must, at a minimum, 
possess the following credentials:
        (1) a juris doctor degree from an accredited law 
    school and an active license to practice law in this State 
    or another jurisdiction or a master's or doctoral degree 
    in education or another field related to disability law or 
    people with disabilities;
        (2) the knowledge of and ability to understand the 
    requirements of Section 504 of the federal Rehabilitation 
    Act of 1973, its implementing federal regulations, related 
    State statutes and rules, and legal interpretations of 
    those statutes, regulations, and rules by federal and 
    State courts;
		HB5488	- 7 -	LRB104 20468 LNS 33937 b
        (3) the demonstrated ability to conduct hearings in 
    accordance with appropriate standard legal practice; and
        (4) the demonstrated ability to issue and write clear 
    and concise decisions that address the issues in the case 
    and meet appropriate legal standards.
    (g) The State Board of Education shall create a training 
module for Section 504 impartial due-process hearing officers, 
conduct the training, and determine whether an individual is 
appropriately qualified. The training process and 
determination of whether an individual is qualified shall 
include a review of the individual's experience, an 
examination, and a sample of issue analysis and writing a 
decision based on a hypothetical case. The State Board of 
Education shall cover the costs associated with the training 
and the determination of whether an individual is qualified.
    (h) Nothing in this Section may be construed to require a 
party in a Section 504 complaint to exhaust administrative 
remedies prior to commencing a civil action in a court of 
competent jurisdiction.

Amends the Children with Disabilities Article of the School Code. Allows the parent or guardian of a student or a student if the student is at least 18 years of age or emancipated to request an impartial, federal Section 504 due-process hearing. Within 3 business days after receipt of the request, requires a school district, special education joint agreement, or other educational entity to appoint a qualified, impartial hearing officer and to notify the hearing officer of the appointment. Requires a hearing officer to disclose any actual or potential conflict of interest to the parties. Sets forth requirements for the request, the notification of a hearing officer appointment, the response to complaints, and amendments to hearing requests. Sets forth the responsibilities of the hearing officer and the hearing procedures. Sets forth the qualification requirements to be a hearing officer. Requires the State Board of Education to create a training module for hearing officers, conduct the training, and determine whether an individual is appropriately qualified. Provides that the provisions apply to all Section 504 impartial due-process hearings requested after January 1, 2027 in cases regarding the identification, evaluation, eligibility, accommodations, or educational placement of a student who, because of a disability, is in need of or is believed to be in need of accommodations or services from a school district, special education joint agreement, or other educational entity. Provides that nothing in the provisions may be construed to require a party in a Section 504 complaint to exhaust administrative remedies prior to commencing a civil action in a court of competent jurisdiction.

Sponsors

Rep. Laura Faver Dias (D) sponsors HB 5488 alone.

Committees

HB 5488 went before 2 committees: Rules and Education Policy.

Rules
Rules
Referred to · Feb 13, 2026 · 5,290 Bills
Education Policy
Education Policy
Referred to · Mar 4, 2026

History

HB 5488 has taken 13 actions since Feb 6, 2026, the latest on Apr 17, 2026.

ChamberAction
Apr 17, 2026
House
Rule 19(a) / Re-referred to Rules Committee
Apr 17, 2026
House
House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
Apr 10, 2026
House
Second Reading - Short Debate
Apr 10, 2026
House
Held on Calendar Order of Second Reading - Short Debate
Apr 8, 2026
House
House Floor Amendment No. 1 Filed with Clerk by Rep. Laura Faver Dias

Votes

HB 5488 went to 1 roll call in the House, the latest on Mar 25, 2026 at 9–3.

ChamberQuestion
Yea
Nay
Mar 25, 2026
House
House Education Policy Committee
9
3

Source: ilga.gov · legiscan.com