SB0170 EnrolledLRB097 04012 JDS 44051 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Disabled Persons Rehabilitation Act is
5amended by changing Sections 10 and 13 as follows:
 
6    (20 ILCS 2405/10)  (from Ch. 23, par. 3441)
7    Sec. 10. Residential schools; visual and hearing
8handicaps.
9    (a) The Department of Human Services shall operate
10residential schools for the education of children with visual
11and hearing handicaps who are unable to take advantage of the
12regular educational facilities provided in the community, and
13shall provide in connection therewith such academic,
14vocational, and related services as may be required. Children
15shall be eligible for admission to these schools only after
16proper diagnosis and evaluation, in accordance with procedures
17prescribed by the Department.
18    (a-5) The Superintendent of the Illinois School for the
19Deaf shall be the chief executive officer of, and shall be
20responsible for the day to day operations of, the School, and
21shall obtain educational and professional employees who are
22certified by the Illinois State Board of Education or licensed
23by the appropriate agency or entity to which licensing

 

 

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1authority has been delegated, as well as all other employees of
2the School, subject to the provisions of the Personnel Code and
3any applicable collective bargaining agreement. The
4Superintendent shall be appointed by the Governor, by and with
5the advice and consent of the Senate. In the case of a vacancy
6in the office of Superintendent during the recess of the
7Senate, the Governor shall make a temporary appointment until
8the next meeting of the Senate, when the Governor shall
9nominate some person to fill the office, and any person so
10nominated who is confirmed by the Senate shall hold office
11during the remainder of the term and until his or her successor
12is appointed and qualified. The Superintendent shall hold
13office (i) for a term expiring on June 30 of 2015, and every 4
14years thereafter and (ii) until the Superintendent's successor
15is appointed and qualified. The Superintendent shall devote his
16or her full time to the duties of the office, shall not serve
17in any other capacity during his or her term of office, and
18shall receive such compensation as the Governor shall
19determine. The Superintendent shall have an administrative
20certificate with a superintendent endorsement as provided for
21under Section 21-7.1 of the School Code, and shall have degrees
22in both educational administration and deaf education,
23together with at least 15 years of experience in either deaf
24education, the administration of deaf education, or a
25combination of the 2.
26    (a-10) The Superintendent of the Illinois School for the

 

 

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1Visually Impaired shall be the chief executive officer of, and
2shall be responsible for the day to day operations of, the
3School, and shall obtain educational and professional
4employees who are certified by the Illinois State Board of
5Education or licensed by the appropriate agency or entity to
6which licensing authority has been delegated, as well as all
7other employees of the School, subject to the provisions of the
8Personnel Code and any applicable collective bargaining
9agreement. The Superintendent shall be appointed by the
10Governor, by and with the advice and consent of the Senate. In
11the case of a vacancy in the office of Superintendent during
12the recess of the Senate, the Governor shall make a temporary
13appointment until the next meeting of the Senate, when the
14Governor shall nominate some person to fill the office, and any
15person so nominated who is confirmed by the Senate shall hold
16office during the remainder of the term and until his or her
17successor is appointed and qualified. The Superintendent shall
18hold office (i) for a term expiring on June 30 of 2015, and
19every 4 years thereafter and (ii) until the Superintendent's
20successor is appointed and qualified. The Superintendent shall
21devote his or her full time to the duties of the office, shall
22not serve in any other capacity during his or her term of
23office, and shall receive such compensation as the Governor
24shall determine. The Superintendent shall have an
25administrative certificate with a superintendent endorsement
26as provided for under Section 21-7.1 of the School Code, and

 

 

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1shall have degrees in both educational administration and blind
2or visually impaired education, together with at least 15 years
3of experience in either blind or visually impaired education,
4the administration of blind or visually impaired education, or
5a combination of the 2.
6    (b) In administering the Illinois School for the Deaf, the
7Department shall adopt an admission policy which permits day or
8residential enrollment, when resources are sufficient, of
9children with hearing handicaps who are able to take advantage
10of the regular educational facilities provided in the community
11and thus unqualified for admission under subsection (a). In
12doing so, the Department shall establish an annual deadline by
13which shall be completed the enrollment of children qualified
14under subsection (a) for admission to the Illinois School for
15the Deaf. After the deadline, the Illinois School for the Deaf
16may enroll other children with hearing handicaps at the request
17of their parents or guardians if the Department determines
18there are sufficient resources to meet their needs as well as
19the needs of children enrolled before the deadline and children
20qualified under subsection (a) who may be enrolled after the
21deadline on an emergency basis. The Department shall adopt any
22rules and regulations necessary for the implementation of this
23subsection.
24    (c) In administering the Illinois School for the Visually
25Impaired, the Department shall adopt an admission policy that
26permits day or residential enrollment, when resources are

 

 

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1sufficient, of children with visual handicaps who are able to
2take advantage of the regular educational facilities provided
3in the community and thus unqualified for admission under
4subsection (a). In doing so, the Department shall establish an
5annual deadline by which the enrollment of children qualified
6under subsection (a) for admission to the Illinois School for
7the Visually Impaired shall be completed. After the deadline,
8the Illinois School for the Visually Impaired may enroll other
9children with visual handicaps at the request of their parents
10or guardians if the Department determines there are sufficient
11resources to meet their needs as well as the needs of children
12enrolled before the deadline and children qualified under
13subsection (a) who may be enrolled after the deadline on an
14emergency basis. The Department shall adopt any rules and
15regulations necessary for the implementation of this
16subsection.
17(Source: P.A. 89-264, eff. 8-10-95; 89-507, eff. 7-1-97.)
 
18    (20 ILCS 2405/13)  (from Ch. 23, par. 3444)
19    Sec. 13. The Department shall have all powers reasonable
20and necessary for the administration of institutions for
21persons with one or more disabilities under subsection (f) of
22Section 3 of this Act, including, but not limited to, the
23authority to do the following:
24    (a) Appoint and remove the superintendents of the
25institutions operated by the Department, except for those

 

 

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1superintendents whose appointment and removal is provided for
2under Section 10 of this Act; obtain all other employees
3subject to the provisions of the Personnel Code, except for
4educational and professional employees of the Illinois School
5for the Deaf and the Illinois School for the Visually Impaired
6who are certified by the Illinois State Board of Education or
7licensed by the appropriate agency or entity to which licensing
8authority has been delegated, and all other employees of the
9Schools who are obtained by the superintendents as provided
10under Section 10 of this Act, subject to the provisions of the
11Personnel Code and any applicable collective bargaining
12agreement; and conduct staff training programs for the
13development and improvement of services.
14    (b) Provide supervision, housing accommodations, board or
15the payment of boarding costs, tuition, and treatment free of
16charge, except as otherwise specified in this Act, for
17residents of this State who are cared for in any institution,
18or for persons receiving services under any program under the
19jurisdiction of the Department. Residents of other states may
20be admitted upon payment of the costs of board, tuition, and
21treatment as determined by the Department; provided, that no
22resident of another state shall be received or retained to the
23exclusion of any resident of this State. The Department shall
24accept any donation for the board, tuition, and treatment of
25any person receiving service or care.
26    (c) Cooperate with the State Board of Education and the

 

 

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1Department of Children and Family Services in a program to
2provide for the placement, supervision, and foster care of
3children with handicaps who must leave their home community in
4order to attend schools offering programs in special education.
5    (d) Assess and collect (i) student activity fees and (ii)
6charges to school districts for transportation of students
7required under the School Code and provided by the Department.
8The Department shall direct the expenditure of all money that
9has been or may be received by any officer of the several State
10institutions under the direction and supervision of the
11Department as profit on sales from commissary stores, student
12activity fees, or charges for student transportation. The money
13shall be deposited into a locally held fund and expended under
14the direction of the Department for the special comfort,
15pleasure, and amusement of residents and employees and the
16transportation of residents, provided that amounts expended
17for comfort, pleasure, and amusement of employees shall not
18exceed the amount of profits derived from sales made to
19employees by the commissaries, as determined by the Department.
20    Funds deposited with State institutions under the
21direction and supervision of the Department by or for residents
22of those State institutions shall be deposited into
23interest-bearing accounts, and money received as interest and
24income on those funds shall be deposited into a "needy student
25fund" to be held and administered by the institution. Money in
26the "needy student fund" shall be expended for the special

 

 

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1comfort, pleasure, and amusement of the residents of the
2particular institution where the money is paid or received.
3    Any money belonging to residents separated by death,
4discharge, or unauthorized absence from institutions described
5under this Section, in custody of officers of the institutions,
6may, if unclaimed by the resident or the legal representatives
7of the resident for a period of 2 years, be expended at the
8direction of the Department for the purposes and in the manner
9specified in this subsection (d). Articles of personal
10property, with the exception of clothing left in the custody of
11those officers, shall, if unclaimed for the period of 2 years,
12be sold and the money disposed of in the same manner.
13    Clothing left at the institution by residents at the time
14of separation may be used as determined by the institution if
15unclaimed by the resident or legal representatives of the
16resident within 30 days after notification.
17    (e) Keep, for each institution under the jurisdiction of
18the Department, a register of the number of officers,
19employees, and residents present each day in the year, in a
20form that will permit a calculation of the average number
21present each month.
22    (f) (Blank).
23    (g) (Blank).
24    (h) (Blank).
25    (i) Accept and hold in behalf of the State, if for the
26public interest, a grant, gift, or legacy of money or property

 

 

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1to the State of Illinois, to the Department, or to any
2institution or program of the Department made in trust for the
3maintenance or support of a resident of an institution of the
4Department, or for any other legitimate purpose connected with
5any such institution or program. The Department shall cause
6each gift, grant, or legacy to be kept as a distinct fund, and
7shall invest the gift, grant, or legacy in the manner provided
8by the laws of this State as those laws now exist or shall
9hereafter be enacted relating to securities in which the
10deposits in savings banks may be invested. The Department may,
11however, in its discretion, deposit in a proper trust company
12or savings bank, during the continuance of the trust, any fund
13so left in trust for the life of a person and shall adopt rules
14and regulations governing the deposit, transfer, or withdrawal
15of the fund. The Department shall, on the expiration of any
16trust as provided in any instrument creating the trust, dispose
17of the fund thereby created in the manner provided in the
18instrument. The Department shall include in its required
19reports a statement showing what funds are so held by it and
20the condition of the funds. Monies found on residents at the
21time of their admission, or accruing to them during their
22period of institutional care, and monies deposited with the
23superintendents by relatives, guardians, or friends of
24residents for the special comfort and pleasure of a resident,
25shall remain in the possession of the superintendents, who
26shall act as trustees for disbursement to, in behalf of, or for

 

 

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1the benefit of the resident. All types of retirement and
2pension benefits from private and public sources may be paid
3directly to the superintendent of the institution where the
4person is a resident, for deposit to the resident's trust fund
5account.
6    (j) Appoint, subject to the Personnel Code, persons to be
7members of a police and security force. Members of the police
8and security force shall be peace officers and as such have all
9powers possessed by policemen in cities and sheriffs, including
10the power to make arrests on view or warrants of violations of
11State statutes or city or county ordinances. These powers may,
12however, be exercised only in counties of more than 500,000
13population when required for the protection of Department
14properties, interests, and personnel, or specifically
15requested by appropriate State or local law enforcement
16officials. Members of the police and security force may not
17serve and execute civil processes.
18    (k) Maintain, and deposit receipts from the sale of tickets
19to athletic, musical, and other events, fees for participation
20in school sponsored tournaments and events, and revenue from
21student activities relating to charges for art and woodworking
22projects, charges for automobile repairs, and other revenue
23generated from student projects into, locally held accounts not
24to exceed $20,000 per account for the purposes of (i) providing
25immediate payment to officials, judges, and athletic referees
26for their services rendered and for other related expenses at

 

 

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1school sponsored contests, tournaments, or events, (ii)
2providing payment for expenses related to student revenue
3producing activities such as art and woodworking projects,
4automotive repair work, and other student activities or
5projects that generate revenue and incur expenses, and (iii)
6providing students who are enrolled in an independent living
7program with cash so that they may fulfill course objectives by
8purchasing commodities and other required supplies.
9    (l) Advance moneys from its appropriations to be maintained
10in locally held accounts at the schools to establish (i) a
11"Student Compensation Account" to pay students for work
12performed under the student work program, and (ii) a "Student
13Activity Travel Account" to pay transportation, meals, and
14lodging costs of students, coaches, and activity sponsors while
15traveling off campus for sporting events, lessons, and other
16activities directly associated with the representation of the
17school. Funds in the "Student Compensation Account" shall not
18exceed $20,000, and funds in the "Student Activity Travel
19Account" shall not exceed $200,000.
20    (l-5) Establish a locally held account to be maintained and
21administered for the Therkelsen/Hansen College Loan Fund
22(referred to as the Fund). Existing funds for this purpose
23shall be transferred from the State Treasury to the locally
24held account. The Department shall promulgate rules regarding
25the Fund; the use of funds; the eligibility of potential
26borrowers; the awarding and repayment of loans; and other

 

 

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1rules, as applicable. The administration of the Fund and the
2promulgation of rules shall meet the requirements of the will
3of Petrea Therkelsen, which establishes the Fund.
4    (m) Promulgate rules of conduct applicable to the residents
5of institutions for persons with one or more disabilities. The
6rules shall include specific standards to be used by the
7Department to determine (i) whether financial restitution
8shall be required in the event of losses or damages resulting
9from a resident's action and (ii) the ability of the resident
10and the resident's parents to pay restitution.
11(Source: P.A. 94-887, eff. 6-20-06.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.