HB 5488

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.