105 ILCS 5/14-11.02

(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)

(Text of Section before amendment by P.A. 103-1045)

Sec. 14-11.02. Notwithstanding any other Sections of this Article, the State Board of Education shall develop and operate or contract for the operation of a service center for persons who are deaf-blind. For the purpose of this Section, persons with deaf-blindness are persons who have both auditory and visual impairments, the combination of which causes such severe communication and other developmental, educational, vocational and rehabilitation problems that such persons cannot be properly accommodated in special education or vocational rehabilitation programs solely for persons with both hearing and visual disabilities.

To be eligible for deaf-blind services, a person must have (i) a visual impairment and an auditory impairment, or (ii) a condition in which there is a progressive loss of hearing or vision or both that results in concomitant vision and hearing impairments and that adversely affects educational performance as determined by the multidisciplinary conference. For purposes of this paragraph and Section:

(A) A visual impairment is defined to mean one or more of the following: (i) corrected visual acuity poorer than 20/70 in the better eye; (ii) restricted visual field of 20 degrees or less in the better eye; (iii) cortical blindness; (iv) does not appear to respond to visual stimulation, which adversely affects educational performance as determined by the multidisciplinary conference.

(B) An auditory impairment is defined to mean one or more of the following: (i) a sensorineural or ongoing or chronic conductive hearing loss with aided sensitivity of 30dB HL or poorer; (ii) functional auditory behavior that is significantly discrepant from the person's present cognitive and/or developmental levels, which adversely affects educational performance as determined by the multidisciplinary conference.

The State Board of Education is empowered to establish, maintain and operate or contract for the operation of a permanent state-wide service center known as the Philip J. Rock Center and School. The School serves eligible children between the ages of 3 and 21; the Center serves eligible persons of all ages. Services provided by the Center include, but are not limited to:

(1) Identifying and case management of persons who are auditorily and visually impaired;

(2) Providing families with appropriate counseling;

(3) Referring persons who are deaf-blind to appropriate agencies for medical and diagnostic services;

(4) Referring persons who are deaf-blind to appropriate agencies for educational, training and care services;

(5) Developing and expanding services throughout the State to persons who are deaf-blind. This will include ancillary services, such as transportation so that the individuals can take advantage of the expanded services;

(6) Maintaining a residential-educational training facility in the Chicago metropolitan area located in an area accessible to public transportation;

(7) Receiving, dispensing, and monitoring State and Federal funds to the School and Center designated for services to persons who are deaf-blind;

(8) Coordinating services to persons who are deaf-blind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;

(9) Entering into contracts with other agencies to provide services to persons who are deaf-blind;

(10) Operating on a no-reject basis. Any individual referred to the Center for service and diagnosed as deaf-blind, as defined in this Act, shall qualify for available services;

(11) Serving as the referral clearinghouse for all persons who are deaf-blind, age 21 and older; and

(12) Providing transition services for students of Philip J. Rock School who are deaf-blind and between the ages of 14 1/2 and 21.

The Advisory Board for Services for Persons who are Deaf-Blind shall provide advice to the State Superintendent of Education, the Governor, and the General Assembly on all matters pertaining to policy concerning persons who are deaf-blind, including the implementation of legislation enacted on their behalf.

Regarding the maintenance, operation and education functions of the Philip J. Rock Center and School, the Advisory Board shall also make recommendations pertaining to but not limited to the following matters:

(1) Existing and proposed programs of all State agencies that provide services for persons who are deaf-blind;

(2) The State program and financial plan for deaf-blind services and the system of priorities to be developed by the State Board of Education;

(3) Standards for services in facilities serving persons who are deaf-blind;

(4) Standards and rates for State payments for any services purchased for persons who are deaf-blind;

(5) Services and research activities in the field of deaf-blindness, including evaluation of services; and

(6) Planning for personnel/preparation, both preservice and inservice.

The Advisory Board shall consist of 3 persons appointed by the Governor; 2 persons appointed by the State Superintendent of Education; 4 persons appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children and Family Services. The 3 appointments of the Governor shall consist of a senior citizen 60 years of age or older, a consumer who is deaf-blind, and a parent of a person who is deaf-blind; provided that if any gubernatorial appointee serving on the Advisory Board on the effective date of this amendatory Act of 1991 is not either a senior citizen 60 years of age or older or a consumer who is deaf-blind or a parent of a person who is deaf-blind, then whenever that appointee's term of office expires or a vacancy in that appointee's office sooner occurs, the Governor shall make the appointment to fill that office or vacancy in a manner that will result, at the earliest possible time, in the Governor's appointments to the Advisory Board being comprised of one senior citizen 60 years of age or older, one consumer who is deaf-blind, and one parent of a person who is deaf-blind. One person designated by each agency other than the Department of Human Services may be an employee of that agency. Two persons appointed by the Secretary of Human Services may be employees of the Department of Human Services. The appointments of each appointing authority other than the Governor shall include at least one parent of an individual who is deaf-blind or a person who is deaf-blind.

Vacancies in terms shall be filled by the original appointing authority. After the original terms, all terms shall be for 3 years.

Except for those members of the Advisory Board who are compensated for State service on a full-time basis, members shall be reimbursed for all actual expenses incurred in the performance of their duties. Each member who is not compensated for State service on a full-time basis shall be compensated at a rate of $50 per day which he spends on Advisory Board duties. The Advisory Board shall meet at least 4 times per year and not more than 12 times per year.

The Advisory Board shall provide for its own organization.

Six members of the Advisory Board shall constitute a quorum. The affirmative vote of a majority of all members of the Advisory Board shall be necessary for any action taken by the Advisory Board.

(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; 89-507, eff. 7-1-97.)

(Text of Section after amendment by P.A. 103-1045)

Sec. 14-11.02. The Philip J. Rock Center and School for the Deafblind.

(a) For the purpose of this Section, persons who are deafblind are (i) individuals with concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness, (ii) individuals with solely a hearing impairment, or (iii) individuals with solely a visual impairment.

(b) To be eligible for deafblind services under this Section, a person must have (i) a visual impairment, a hearing impairment, or both or (ii) a condition in which there is a progressive loss of hearing, vision, or both that adversely affects educational performance as determined by the multidisciplinary conference. For purposes of this Section:

(1) A visual impairment shall have the same meaning as in the federal Individuals With Disabilities Education Act and its implementing regulations.

(2) A hearing impairment shall have the same meaning as in the federal Individuals With Disabilities Education Act and its implementing regulations.

(c) Notwithstanding any other provision of Article 14, the State Board of Education shall maintain and operate or contract for the operation of a permanent, statewide, residential education facility known as the Philip J. Rock Center and School that services eligible students between the ages of 3 and 21, unless a student's 22nd birthday occurs during the school year, in which case the student is eligible for such services through the end of the school year. Subject to appropriation, the Philip J. Rock Center and School may provide additional services to eligible deafblind persons of all ages. The State Board of Education shall include a line item in its budget to pay the costs of operating and maintaining the Philip J. Rock Center and School. If the Center and School receives appropriated funding to serve eligible deafblind persons of all ages, services provided by the Center and School shall include, but are not limited to:

(1) identifying and providing case management of individuals with combined vision and hearing loss;

(2) providing families with appropriate information and dissemination of information;

(3) providing information to persons who are deafblind about the appropriate agencies for medical and diagnostic services;

(4) referring persons who are deafblind to appropriate agencies for educational, rehabilitation, and support services;

(5) developing and expanding services throughout the State to persons who are deafblind. This shall include ancillary services, such as transportation, so that these persons can take advantage of the expanded services;

(6) maintaining a residential-educational training facility, with or without a day program, in the Chicago metropolitan area located near public transportation;

(7) (blank);

(8) coordinating services to persons who are deafblind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;

(9) entering into contracts with other agencies to provide services to persons who are deafblind;

(10) (blank);

(11) serving as the information clearinghouse for all persons who are deafblind; and

(12) (blank).

Priority of services shall be given to students referred to the Philip J. Rock Center and School who qualify as individuals with concomitant hearing and visual impairments under clause (i) of subsection (a) of this Section or who are eligible for special education services under the category of deafblind. Such a student may not be denied enrollment unless the student's placement in the Center and School would endanger the health or safety of any other student.

(d) For the purposes of employment, the Philip J. Rock Center and School shall be considered its own employer. The State Board of Education shall appoint a chief administrator of the Philip J. Rock Center and School, who shall be employed by the Center and School and shall manage the daily operations of the Center and School. The chief administrator shall have the authority on behalf of the Center and School to:

(1) hire, evaluate, discipline, and terminate staff of the Center and School;

(2) determine wages, benefits, and other conditions of employment for all Center and School employees;

(3) bargain with the exclusive bargaining representative of the employees of the Center and School;

(4) develop a budget to be submitted to the State Board of Education for review and approval;

(5) contract for any professional, legal, and educational services necessary for the operation of the Center and School;

(6) make all decisions regarding the daily operations of the Center and School; and

(7) perform any other duties as set forth in the employment contract for the chief administrator.

(e) If the State Board of Education contracts for the fiscal administration of the Philip J. Rock Center and School, then the contract shall be with a school district, special education cooperative, or regional office of education that can serve as the fiscal agent for the Center and School. To the extent possible, the fiscal agent shall be in close geographic proximity to the Center and School.

(f) Through the individualized education program process with the student's resident school district, a student who resides at the Philip J. Rock Center and School may be placed in an alternate educational program by the student's individualized education program team. Educational placement and services shall be provided free of charge to the student's resident school district, unless there is tuition associated with the educational placement and services. If the Philip J. Rock Center and School must pay tuition or provide transportation for a student's educational placement and services, such tuition or transportation shall be billed to the student's resident school district.

(g) The Advisory Board for Services for Persons who are deafblind shall provide advice to the State Superintendent of Education, the Governor, and the General Assembly on all matters pertaining to policy concerning persons who are deafblind, including the implementation of legislation enacted on their behalf.

The Advisory Board shall also make recommendations pertaining to but not limited to the following matters:

(1) existing and proposed programs of all State agencies that provide services for persons who are deafblind;

(2) the State program and financial plan for deafblind services and the system of priorities to be developed by the State Board of Education;

(3) standards for services in facilities serving persons who are deafblind;

(4) standards and rates for State payments for any services purchased for persons who are deafblind;

(5) services and research activities in the field of deafblindness, including the evaluation of services; and

(6) planning for personnel or preparation, both preservice and inservice.

The Advisory Board shall consist of 3 persons appointed by the Governor; 2 persons appointed by the State Superintendent of Education; 4 persons appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children and Family Services. One person designated by each agency other than the Department of Human Services may be an employee of that agency. Two persons appointed by the Secretary of Human Services may be employees of the Department of Human Services. The appointments of each appointing authority other than the Governor shall include at least one parent of an individual who is deafblind or a person who is deafblind.

Vacancies in terms shall be filled by the original appointing authority. After the original terms, all terms shall be for 3 years.

The Advisory Board shall meet at least 2 times per year.

The State Board of Education shall provide support to the Advisory Board.

The affirmative vote of a majority of all members of the Advisory Board shall be necessary for any action taken by the Advisory Board.

(Source: P.A. 103-1045, eff. 1-1-25.)