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Illinois Legislature Restricts Waiver of Claims/Rights in Special Education Settlements

By September 10, 2025News

Public Act 104-0211 (effective August 15, 2025), amends Section 14-8.02(a) of the Illinois School Code by adding a new Section g-32 which authorizes inclusion into a mediation, resolution or settlement agreement to include a “prospective” waiver of claims.

For a future claim to be waivable, it must meet three requirements. First, the claim must only be related to the student involved in the dispute. Second, the claim being waived must be related to the claims raised in the dispute. Finally, the waiver must only be in effect for a reasonable duration, never to exceed the duration of the agreement.

Please contact Jessica Nguyen with your inquiries. 

 Source: Public Act 104-0211