Illinois State Board of Education Special Education Department - Frequently Asked Questions - Public Act 102-0172 and Public Act 102-0173

Oct 10, 2026

Uploaded by Connor

Frequently Asked Questions document for the Illinois State Board of Education, Special Education Department, addressing non-regulatory guidance tied to Public Act 102-0172 (House Bill 40) and Public Act 102-0173 (House Bill 2748). It covers eligibility and service duration for eligible students, impacts on personnel licensure, age-range grouping, placements in nonpublic private facilities, and funding sources. It also explains COVID-19 related suspension definitions, remote vs in-person service expectations, IEP and reevaluation requirements, notification and service commencement timing, FAPE and procedural safeguards, and documentation for re-enrollment during the 2021-22 school year.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages14

Reading Time35 min

AccessFree to download

Frequently Asked Questions: Public Act 102-0172 and Public Act 102-0173

Public Act 102-0172 (House Bill 40)

How long may an eligible student receive services?

Is there any impact on personnel licensure?

Do age range grouping requirements apply?

How are placements in nonpublic special education private facilities affected? What funding sources can be used?

Public Act 102-0173 (House Bill 2748)

Which students does this amendatory Act apply to?

How are the three months or more in a school year determined, and what constitutes a result of the COVID-19 pandemic?

Do students turning 22 qualify regardless of timing within the school year?

What constitutes suspension of in-person instruction, services, or activities?

Notification requirements and when services commence

Remote learning vs in-person services and required supports

Goals, IEP meetings, reevaluation, and residential/therapeutic day requirements

Documentation, re-enrollment impact on data collections, and funding sources

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| | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Illinois State Board of Education Special Education Department
Frequently Asked Questions:
Public Act 102-0172 and Public Act 102-0173
This document is intended to provide non-regulatory guidance on the subject matter listed above. For specific questions, please contact the Illinois State Board of Education.
Dr . Carmen I. Ayala, State Superintendent Revised September 2021

| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Frequently Asked Questions: Public Act 102-0172 and Public Act 102-0173 Table of Contents A. A-1. A-2. A-3. A-4. A-5. B. B-1. B-2. B-3 . B-4 . B-5 . B-6 . B-7 . B-8 . B-9 . B-10 . B-11 . B-12 . Public Act 102-0172 (House Bill 40) How long may an eligible student receive services? Is there any impact on personnel licensure? Do age range grouping requirements apply? How are placements in nonpublic special education private facilities affected? What funding sources can be used to pay for services under this Act? Public Act 102-0173 (House Bill 2748) Which students does this amendatory Act apply to? How are the three months or more in a school year determined? What constitutes as “a result of the COVID-19 pandemic”? Do all the students who turned 22 qualify under the Act regardless of whether the birthday was during school attendance time or during school recess time? What constitutes “suspension of in person instruction, services, or activities”? What activities are included--school-based and after school? How does hybrid instruction factor into the suspension? When districts offered in-person services and parents opted for remote learning, is that interpreted as a suspension of in-person services? What services and activities must be provided to eligible students and for how long? What goals should be addressed under this Act? Are districts required to convene IEP meetings? Are districts required to conduct a reevaluation of students who receive services under this Act? What are the requirements for serving students who were in residential and therapeutic day? What are the notification requirements under this Act? Page 4 Page 4 Page 4 Page 5 Page 5 Page 5 Page 7 Page 8 Page 8 Page 8 Page 9 Page 9 Page 10 Page 10 Page 10 Page 11 Page 11 Page 11 Page 11 B-13 . B-14 . B-15 . B-16 . B-17 . B-18 . B-19 . After providing required notice to students who can receive these services, when should services commence? What if the parents decline in-person service or request remote learning for the 2021-22 school year? Is there an obligation to provide a free and appropriate public education (FAPE) and procedural safeguards to qualifying students during the 2021-22 school year? Could a student/parent file for due process if dissatisfied with the services provided? How does this Act impact students who have already transitioned to adult services or are on waitlists for adult services, such as through the Illinois Department of Human Services Division of Rehabilitation Services or other state agencies? What documentation should a district complete for re-enrollment of students served under this Act and how does re-enrollment impact data collections? What funding sources can be used to pay for services provided under this Act? Will professional educator licenses be impacted by this Act? Page 12 Page 12 Page 12 Page

FAQs

How long may an eligible student receive special education services under Public Act 102-0172 and Public Act 102-0173?

An eligible student may receive services through age 21 inclusive. Eligibility generally means the day before the student’s 22nd birthday, unless the 22nd birthday occurs during the school year, in which case eligibility continues through the end of the school year.

What impacts do the Acts have on personnel licensure?

The FAQ includes a question specifically asking whether the Acts impact personnel licensure, indicating this topic is addressed in the guidance.

How is “suspension of in person instruction, services, or activities” determined, and how does hybrid instruction factor in?

The document explains that the FAQ addresses what qualifies as suspension of in-person instruction, services, or activities, including which activities are included (school-based and after school) and how hybrid instruction relates to the suspension definition.

Oct 10, 2026

Uploaded by Connor