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| Public Act 103-0058 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Removing Barriers to Higher Education Success Act. | ||||
Section 5. Definition. For purposes of this Act, "public | ||||
institution of higher education" means the University of | ||||
Illinois, Southern Illinois University, Chicago State | ||||
University, Eastern Illinois University, Governors State | ||||
University, Illinois State University, Northeastern Illinois | ||||
University, Northern Illinois University, Western Illinois | ||||
University, a public community college of this State, or any | ||||
other public university, college, or community college now or | ||||
hereafter established or authorized by the General Assembly. | ||||
Section 10. Students with disabilities policy and | ||||
documentation; dissemination of information. | ||||
(a) Each public institution of higher education shall | ||||
adopt a policy that makes any of the documentation described | ||||
in subsection (b) submitted by an enrolled or admitted student | ||||
sufficient to establish that the student is an individual with | ||||
a disability. | ||||
(b) The policy adopted under subsection (a) must provide | ||||
that any of the following documentation submitted by an | ||
enrolled or admitted student is sufficient to establish that | ||
the student is an individual with a disability: | ||
(1) Documentation that the individual has had an | ||
individualized education program (IEP) in accordance with | ||
Section 614(d) of the federal Individuals with | ||
Disabilities Education Act. The public institution of | ||
higher education may request additional documentation from | ||
an individual who has had an IEP if the IEP was not in | ||
effect immediately prior to the date when the individual | ||
exited high school. | ||
(2) Documentation that the individual has received | ||
services or accommodations provided to the individual | ||
under a Section 504 plan provided to the individual | ||
pursuant to Section 504 of the federal Rehabilitation Act | ||
of 1973. The public institution of higher education may | ||
request additional documentation from an individual who | ||
has received services or accommodations provided to the | ||
individual under a Section 504 plan if the Section 504 | ||
plan was not in effect immediately prior to the date when | ||
the individual exited high school. | ||
(3) Documentation of a plan or record of service for | ||
the individual from a private school, a local educational | ||
agency, a State educational agency, or an institution of | ||
higher education provided under a Section 504 plan | ||
pursuant to Section 504 of the federal Rehabilitation Act | ||
of 1973 or in accordance with the federal Americans with | ||
Disabilities Act of 1990. | ||
(4) A record or evaluation from a relevant licensed | ||
professional finding that the individual has a disability. | ||
(5) A plan or record of disability from another | ||
institution of higher education. | ||
(6) Documentation of a disability due to military | ||
service in the uniformed services. | ||
(c) The policy adopted under subsection (a) must be | ||
transparent and explicit regarding information about the | ||
process by which the public institution of higher education | ||
determines eligibility for accommodations for an individual | ||
with a disability. Each public institution of higher education | ||
shall disseminate such information to students, parents, and | ||
faculty in accessible formats, including during any student | ||
orientation, and make the information readily available on a | ||
public website of the institution. | ||
(d) A public institution of higher education may establish | ||
less burdensome criteria than the criteria described in this | ||
Section to establish whether an enrolled or admitted student | ||
is an individual with a disability.
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Section 15. Establishment of reasonable accommodation. A | ||
public institution of higher education shall engage in an | ||
interactive process to establish a reasonable accommodation, | ||
including requesting additional documentation, if needed, for | ||
an individual pursuant to Section 504 of the federal | ||
Rehabilitation Act of 1973 and the federal Americans with | ||
Disabilities Act of 1990.
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Section 90. Construction with federal law. Nothing in this | ||
Act shall be construed to conflict with the terms "reasonable | ||
accommodation" and "record of such an impairment" under the | ||
federal Americans with Disabilities Act of 1990 or the rights | ||
or remedies provided under the federal Americans with | ||
Disabilities Act of 1990.
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