Special Education Rights in Illinois

Illinois's primary special-education evaluation and identification statute. Illinois uniquely uses the term "Case Study Evaluation" — a multidisciplinary evaluation that must be completed within 60 SCHOOL DAYS of written consent. The statute also establishes the right to an Independent Educational Evaluation (IEE) at public expense if the parent disagrees with the district's case study, and requires the IEP meeting within those 60 school days.

What this means for you: Illinois 'Case Study Evaluation' = the multidisciplinary evaluation. The 60-school-day clock includes both the evaluation AND the IEP meeting — not just the evaluation report. 105 ILCS 5/14-8.02(b) gives parents the right to record IEP meetings with at least 24 hours notice — an explicit statutory right. Illinois requires the case study to include a social-emotional screening when warranted — see § 14-8.02f. Illinois's Educational Rights Protection Act layered with 14-8.02: when parents and school disagree, mediation is available at no cost AND does not waive due-process rights.

Illinois's IEP and placement statute. Establishes IEP team composition, LRE preference, annual review, and IL-specific parent rights: right to draft IEP before meeting, right to full IEP translation into native language, right to interpreter, and Educational Surrogate Parent process for foster youth.

What this means for you: Illinois gives parents the explicit right to request a DRAFT IEP before the meeting — most states don't codify this. Use 105 ILCS 5/14-8.03(c) to request. Illinois translation right under § 14-8.03 is stronger than federal: full translation of the IEP, not just summary. If your child is in foster care, the Educational Surrogate Parent process (105 ILCS 5/14-8.03(f)) ensures decision-making authority — DCFS coordinates. Illinois IEPs MUST address transition by age 14.5 (the IEP in effect when the student turns 14.5 must include transition planning) — earlier than federal age 16.