Illinois General Assembly - Full Text of HB0452
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Full Text of HB0452  102nd General Assembly

HB0452 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0452

 

Introduced 2/8/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to prescribe and supervise courses of vocational training and to provide such other services as may be necessary for the vocational rehabilitation (rather than the habilitation and rehabilitation) of persons with one or more disabilities. Requires the Department to cooperate with State and local school authorities and other recognized agencies engaged in vocational rehabilitation services; and to cooperate with the Illinois State Board of Education and other specified entities regarding the education (rather than care and education) of children with one or more disabilities. Requires the Department to submit an annual report to the Governor that contains information on the programs, activities, and funding dedicated to vocational rehabilitation, independent living, and other community services and supports. Requires the Statewide Independent Living Council to develop a State Plan for Independent Living. Makes changes to provisions concerning grant awards to eligible centers for independent living. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding a Rapid Reintegration Pilot Program. Amends the School Code. Provides that if a child with a disability might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0452LRB102 12132 KTG 17469 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rehabilitation of Persons with Disabilities
5Act is amended by changing Sections 1b, 3, 5, 5a, 9, 11, 12a,
6and 13a as follows:
 
7    (20 ILCS 2405/1b)  (from Ch. 23, par. 3432)
8    Sec. 1b. Definitions. As used in For the purpose of this
9Act: , the term
10    "Person person with one or more disabilities" means a any
11person who, by reason of a physical or mental impairment, is or
12may be expected to require assistance to achieve be totally or
13partially incapacitated for independent living or competitive
14integrated employment.
15    "Vocational rehabilitation" gainful employment; the term
16"rehabilitation" or "habilitation" means those vocational or
17other appropriate services that which increase the
18opportunities for competitive integrated employment.
19    "Independent living" independent functioning or gainful
20employment; the term "comprehensive rehabilitation" means
21those services necessary and appropriate to support community
22living and independence.
23    "Director" for increasing the potential for independent

 

 

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1living or gainful employment as applicable; the term
2"vocational rehabilitation administrator" means the head of
3the designated State unit within the Department responsible
4for administration of rehabilitation and independent living
5services provided for in this Act, including but not limited
6to the administration of the federal Rehabilitation Act of
71973, as amended by the Workforce Innovation and Opportunity
8Act. ; the term
9    "Department" means the Department of Human Services. ; and
10the term
11    "Secretary" means the Secretary of the Department of Human
12Services.
13(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
 
14    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
15    Sec. 3. Powers and duties. The Department shall have the
16powers and duties enumerated herein:
17        (a) To cooperate co-operate with the federal
18    government in the administration of the provisions of the
19    federal Rehabilitation Act of 1973, as amended by , of the
20    Workforce Innovation and Opportunity Act, and of the
21    federal Social Security Act to the extent and in the
22    manner provided in these Acts.
23        (b) To prescribe and supervise such courses of
24    vocational training and provide such other services as may
25    be necessary for the vocational habilitation and

 

 

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1    rehabilitation of persons with one or more disabilities,
2    including the administrative activities under subsection
3    (e) of this Section; , and to cooperate co-operate with
4    State and local school authorities and other recognized
5    agencies engaged in vocational habilitation,
6    rehabilitation and comprehensive rehabilitation services;
7    and to cooperate with the Department of Children and
8    Family Services, the Illinois State Board of Education,
9    and others regarding the care and education of children
10    with one or more disabilities.
11        (c) (Blank).
12        (d) To report in writing, to the Governor, annually on
13    or before the first day of December, and at such other
14    times and in such manner and upon such subjects as the
15    Governor may require. The annual report shall contain (1)
16    information on the programs and activities dedicated to
17    vocational rehabilitation, independent living, and other
18    community services and supports administered by the
19    Director; (2) information on the development of vocational
20    rehabilitation services, independent living services, and
21    supporting services administered by the Director in the
22    State; and (3) information detailing a statement of the
23    existing condition of comprehensive rehabilitation
24    services, habilitation and rehabilitation in the State;
25    (2) a statement of suggestions and recommendations with
26    reference to the development of comprehensive

 

 

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1    rehabilitation services, habilitation and rehabilitation
2    in the State; and (3) an itemized statement of the amounts
3    of money received from federal, State, and other sources,
4    and of the objects and purposes to which the respective
5    items of these several amounts have been devoted.
6        (e) (Blank).
7        (f) To establish a program of services to prevent the
8    unnecessary institutionalization of persons in need of
9    long term care and who meet the criteria for blindness or
10    disability as defined by the Social Security Act, thereby
11    enabling them to remain in their own homes. Such
12    preventive services include any or all of the following:
13            (1) personal assistant services;
14            (2) homemaker services;
15            (3) home-delivered meals;
16            (4) adult day care services;
17            (5) respite care;
18            (6) home modification or assistive equipment;
19            (7) home health services;
20            (8) electronic home response;
21            (9) brain injury behavioral/cognitive services;
22            (10) brain injury habilitation;
23            (11) brain injury pre-vocational services; or
24            (12) brain injury supported employment.
25        The Department shall establish eligibility standards
26    for such services taking into consideration the unique

 

 

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1    economic and social needs of the population for whom they
2    are to be provided. Such eligibility standards may be
3    based on the recipient's ability to pay for services;
4    provided, however, that any portion of a person's income
5    that is equal to or less than the "protected income" level
6    shall not be considered by the Department in determining
7    eligibility. The "protected income" level shall be
8    determined by the Department, shall never be less than the
9    federal poverty standard, and shall be adjusted each year
10    to reflect changes in the Consumer Price Index For All
11    Urban Consumers as determined by the United States
12    Department of Labor. The standards must provide that a
13    person may not have more than $10,000 in assets to be
14    eligible for the services, and the Department may increase
15    or decrease the asset limitation by rule. The Department
16    may not decrease the asset level below $10,000.
17        The services shall be provided, as established by the
18    Department by rule, to eligible persons to prevent
19    unnecessary or premature institutionalization, to the
20    extent that the cost of the services, together with the
21    other personal maintenance expenses of the persons, are
22    reasonably related to the standards established for care
23    in a group facility appropriate to their condition. These
24    non-institutional services, pilot projects or experimental
25    facilities may be provided as part of or in addition to
26    those authorized by federal law or those funded and

 

 

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1    administered by the Illinois Department on Aging. The
2    Department shall set rates and fees for services in a fair
3    and equitable manner. Services identical to those offered
4    by the Department on Aging shall be paid at the same rate.
5        Except as otherwise provided in this paragraph,
6    personal assistants shall be paid at a rate negotiated
7    between the State and an exclusive representative of
8    personal assistants under a collective bargaining
9    agreement. In no case shall the Department pay personal
10    assistants an hourly wage that is less than the federal
11    minimum wage. Within 30 days after July 6, 2017 (the
12    effective date of Public Act 100-23), the hourly wage paid
13    to personal assistants and individual maintenance home
14    health workers shall be increased by $0.48 per hour.
15        Solely for the purposes of coverage under the Illinois
16    Public Labor Relations Act, personal assistants providing
17    services under the Department's Home Services Program
18    shall be considered to be public employees and the State
19    of Illinois shall be considered to be their employer as of
20    July 16, 2003 (the effective date of Public Act 93-204),
21    but not before. Solely for the purposes of coverage under
22    the Illinois Public Labor Relations Act, home care and
23    home health workers who function as personal assistants
24    and individual maintenance home health workers and who
25    also provide services under the Department's Home Services
26    Program shall be considered to be public employees, no

 

 

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1    matter whether the State provides such services through
2    direct fee-for-service arrangements, with the assistance
3    of a managed care organization or other intermediary, or
4    otherwise, and the State of Illinois shall be considered
5    to be the employer of those persons as of January 29, 2013
6    (the effective date of Public Act 97-1158), but not before
7    except as otherwise provided under this subsection (f).
8    The State shall engage in collective bargaining with an
9    exclusive representative of home care and home health
10    workers who function as personal assistants and individual
11    maintenance home health workers working under the Home
12    Services Program concerning their terms and conditions of
13    employment that are within the State's control. Nothing in
14    this paragraph shall be understood to limit the right of
15    the persons receiving services defined in this Section to
16    hire and fire home care and home health workers who
17    function as personal assistants and individual maintenance
18    home health workers working under the Home Services
19    Program or to supervise them within the limitations set by
20    the Home Services Program. The State shall not be
21    considered to be the employer of home care and home health
22    workers who function as personal assistants and individual
23    maintenance home health workers working under the Home
24    Services Program for any purposes not specifically
25    provided in Public Act 93-204 or Public Act 97-1158,
26    including but not limited to, purposes of vicarious

 

 

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1    liability in tort and purposes of statutory retirement or
2    health insurance benefits. Home care and home health
3    workers who function as personal assistants and individual
4    maintenance home health workers and who also provide
5    services under the Department's Home Services Program
6    shall not be covered by the State Employees Group
7    Insurance Act of 1971.
8        The Department shall execute, relative to nursing home
9    prescreening, as authorized by Section 4.03 of the
10    Illinois Act on the Aging, written inter-agency agreements
11    with the Department on Aging and the Department of
12    Healthcare and Family Services, to effect the intake
13    procedures and eligibility criteria for those persons who
14    may need long term care. On and after July 1, 1996, all
15    nursing home prescreenings for individuals 18 through 59
16    years of age shall be conducted by the Department, or a
17    designee of the Department.
18        The Department is authorized to establish a system of
19    recipient cost-sharing for services provided under this
20    Section. The cost-sharing shall be based upon the
21    recipient's ability to pay for services, but in no case
22    shall the recipient's share exceed the actual cost of the
23    services provided. Protected income shall not be
24    considered by the Department in its determination of the
25    recipient's ability to pay a share of the cost of
26    services. The level of cost-sharing shall be adjusted each

 

 

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1    year to reflect changes in the "protected income" level.
2    The Department shall deduct from the recipient's share of
3    the cost of services any money expended by the recipient
4    for disability-related expenses.
5        To the extent permitted under the federal Social
6    Security Act, the Department, or the Department's
7    authorized representative, may recover the amount of
8    moneys expended for services provided to or in behalf of a
9    person under this Section by a claim against the person's
10    estate or against the estate of the person's surviving
11    spouse, but no recovery may be had until after the death of
12    the surviving spouse, if any, and then only at such time
13    when there is no surviving child who is under age 21 or
14    blind or who has a permanent and total disability. This
15    paragraph, however, shall not bar recovery, at the death
16    of the person, of moneys for services provided to the
17    person or in behalf of the person under this Section to
18    which the person was not entitled; provided that such
19    recovery shall not be enforced against any real estate
20    while it is occupied as a homestead by the surviving
21    spouse or other dependent, if no claims by other creditors
22    have been filed against the estate, or, if such claims
23    have been filed, they remain dormant for failure of
24    prosecution or failure of the claimant to compel
25    administration of the estate for the purpose of payment.
26    This paragraph shall not bar recovery from the estate of a

 

 

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1    spouse, under Sections 1915 and 1924 of the Social
2    Security Act and Section 5-4 of the Illinois Public Aid
3    Code, who precedes a person receiving services under this
4    Section in death. All moneys for services paid to or in
5    behalf of the person under this Section shall be claimed
6    for recovery from the deceased spouse's estate.
7    "Homestead", as used in this paragraph, means the dwelling
8    house and contiguous real estate occupied by a surviving
9    spouse or relative, as defined by the rules and
10    regulations of the Department of Healthcare and Family
11    Services, regardless of the value of the property.
12        The Department shall submit an annual report on
13    programs and services provided under this Section. The
14    report shall be filed with the Governor and the General
15    Assembly on or before March 30 each year.
16        The requirement for reporting to the General Assembly
17    shall be satisfied by filing copies of the report as
18    required by Section 3.1 of the General Assembly
19    Organization Act, and filing additional copies with the
20    State Government Report Distribution Center for the
21    General Assembly as required under paragraph (t) of
22    Section 7 of the State Library Act.
23        (g) To establish such subdivisions of the Department
24    as shall be desirable and assign to the various
25    subdivisions the responsibilities and duties placed upon
26    the Department by law.

 

 

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1        (h) To cooperate and enter into any necessary
2    agreements with the Department of Employment Security for
3    the provision of job placement and job referral services
4    to clients of the Department, including job service
5    registration of such clients with Illinois Employment
6    Security offices and making job listings maintained by the
7    Department of Employment Security available to such
8    clients.
9        (i) To possess all powers reasonable and necessary for
10    the exercise and administration of the powers, duties and
11    responsibilities of the Department which are provided for
12    by law.
13        (j) (Blank).
14        (k) (Blank).
15        (l) To establish, operate, and maintain a Statewide
16    Housing Clearinghouse of information on available
17    government subsidized housing accessible to persons with
18    disabilities and available privately owned housing
19    accessible to persons with disabilities. The information
20    shall include, but not be limited to, the location, rental
21    requirements, access features and proximity to public
22    transportation of available housing. The Clearinghouse
23    shall consist of at least a computerized database for the
24    storage and retrieval of information and a separate or
25    shared toll free telephone number for use by those seeking
26    information from the Clearinghouse. Department offices and

 

 

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1    personnel throughout the State shall also assist in the
2    operation of the Statewide Housing Clearinghouse.
3    Cooperation with local, State, and federal housing
4    managers shall be sought and extended in order to
5    frequently and promptly update the Clearinghouse's
6    information.
7        (m) To assure that the names and case records of
8    persons who received or are receiving services from the
9    Department, including persons receiving vocational
10    rehabilitation, home services, or other services, and
11    those attending one of the Department's schools or other
12    supervised facility shall be confidential and not be open
13    to the general public. Those case records and reports or
14    the information contained in those records and reports
15    shall be disclosed by the Director only to proper law
16    enforcement officials, individuals authorized by a court,
17    the General Assembly or any committee or commission of the
18    General Assembly, and other persons and for reasons as the
19    Director designates by rule. Disclosure by the Director
20    may be only in accordance with other applicable law.
21(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
22100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
238-14-18; 100-1148, eff. 12-10-18.)
 
24    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
25    Sec. 5. The Department is authorized to receive such gifts

 

 

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1or donations, either from public or private sources, as may be
2offered unconditionally or under such conditions related to
3the comprehensive vocational rehabilitation services,
4independent living services, and other community services and
5supports administered by the Director for habilitation and
6rehabilitation of persons with one or more disabilities, as in
7the judgment of the Department are proper and consistent with
8the provisions of this Act.
9(Source: P.A. 94-91, eff. 7-1-05.)
 
10    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
11    Sec. 5a. The State of Illinois does hereby (1) accept the
12provisions and benefits of the act of Congress entitled the
13Rehabilitation Act of 1973, as amended by the Workforce
14Innovation and Opportunity Act heretofore and hereafter
15amended, (2) designate the State Treasurer as custodian of all
16moneys received by the State from appropriations made by the
17Congress of the United States for comprehensive vocational
18rehabilitation services and related services for persons
19habilitation and rehabilitation of persons with one or more
20disabilities, to be kept in a fund to be known as the
21Vocational Rehabilitation Fund, and authorize the State
22treasurer to make disbursements therefrom upon the order of
23the Department, and (3) empower and direct the Department to
24cooperate with the federal government in carrying out the
25provisions of the Rehabilitation Act of 1973, as amended by

 

 

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1the Workforce Innovation and Opportunity Act.
2(Source: P.A. 88-500.)
 
3    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
4    Sec. 9. Whenever, in the course of its vocational
5rehabilitation program, rehabilitation and habilitation
6program, the Department has provided tools, equipment, initial
7stock or other supplies to a person with one or more
8disabilities to establish a business enterprise as a
9self-employed person, other than a business enterprise under
10the supervision and management of a non-profit agency, the
11Department may, in its discretion, convey title to such tools,
12equipment, initial stock or other supplies at any time after
13the expiration of 6 months after such items are provided to
14that person.
15(Source: P.A. 86-607.)
 
16    (20 ILCS 2405/11)  (from Ch. 23, par. 3442)
17    Sec. 11. Illinois Center for Rehabilitation and Education.
18The Department shall operate and maintain the Illinois Center
19for Rehabilitation and Education for the care and education of
20educable young adults children with one or more physical
21disabilities and provide in connection therewith nursing and
22medical care and academic, occupational, and related training
23to such young adults children.
24    Any Illinois resident under the age of 22 21 years who is

 

 

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1educable but has such a severe physical disability as a result
2of cerebral palsy, muscular dystrophy, spina bifida, or other
3cause that he or she is unable to take advantage of the system
4of free education in the State of Illinois, may be admitted to
5the Center or be entitled to services and facilities provided
6hereunder. Young adults Children shall be admitted to the
7Center or be eligible for such services and facilities only
8after diagnosis according to procedures approved for this
9purpose. The Department may avail itself of the services of
10other public or private agencies in determining any young
11adult's child's eligibility for admission to, or discharge
12from, the Center.
13    The Department may call upon other agencies of the State
14for such services as they are equipped to render in the care of
15young adults children with one or more physical disabilities,
16and such agencies are instructed to render those services
17which are consistent with their legal and administrative
18responsibilities.
19(Source: P.A. 88-172.)
 
20    (20 ILCS 2405/12a)  (from Ch. 23, par. 3443a)
21    Sec. 12a. Centers for independent living.
22    (a) Purpose. Recognizing that persons with significant
23disabilities deserve a high quality of life within their
24communities regardless of their disabilities, the Department,
25working with the Statewide Independent Living Council, shall

 

 

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1develop a State Plan for Independent Living for approval by
2the Department and subsequent submission to the Administrator
3based on federally prescribed timeframes. plan for submission
4on an annual basis to the Commissioner. The Department shall
5adopt rules for implementing the State Plan for Independent
6Living plan in accordance with the federal Act, including
7rules adopted under the federal Act governing the award of
8grants.
9    (b) Definitions. As used in this Section, unless the
10context clearly requires otherwise:
11    "Administrator" means the Administrator of the
12Administration for Community Living in the United States
13Department of Health and Human Services.
14    "Federal Act" means the federal Rehabilitation Act of
151973, as amended.
16    "Center for independent living" means a consumer
17controlled, community based, cross-disability,
18non-residential, private non-profit agency that is designated
19and operated within a local community by individuals with
20disabilities and provides an array of independent living
21services.
22    "Consumer controlled" means that the center for
23independent living vests power and authority in individuals
24with disabilities and that at least 51% of the directors of the
25center are persons with one or more disabilities as defined by
26this Act.

 

 

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1    "Commissioner" means the Commissioner of the
2Rehabilitation Services Administration in the United States
3Department of Education.
4    "Council" means the Statewide Independent Living Council
5appointed under subsection (d).
6    "Federal Act" means the federal Rehabilitation Act of
71973, as amended.
8    "Individual with a disability" means any individual who
9has a physical or mental impairment that substantially limits
10a major life activity, has a record of such an impairment, or
11is regarded as having such an impairment.
12    "Individual with a significant disability" means an
13individual with a significant physical or mental impairment,
14whose ability to function independently in the family or
15community or whose ability to obtain, maintain, or advance in
16employment is substantially limited and for whom the delivery
17of independent living services will improve the ability to
18function, continue functioning, or move toward functioning
19independently in the family or community or to continue in
20employment.
21    "State Plan for Independent Living plan" means the
22materials submitted by the Statewide Independent Living
23Council, after receiving the approval of the Department, to
24the Administrator based on federally prescribed timeframes
25Department to the Commissioner on an annual basis that contain
26the State's proposal for:

 

 

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1        (1) The provision of statewide independent living
2    services.
3        (2) The development and support of a statewide network
4    of centers for independent living.
5        (3) Working relationships between (i) programs
6    providing independent living services and independent
7    living centers and (ii) the vocational rehabilitation
8    program administered by the Department under the federal
9    Act and other programs providing services for individuals
10    with disabilities.
11    (c) Authority. The unit of the Department headed by the
12Director, or his or her designee, vocational rehabilitation
13administrator shall be designated the State unit under Title
14VII of the federal Act and shall have the following
15responsibilities:
16        (1) To receive, account for, and disburse funds
17    received by the State under the federal Act based on the
18    State Plan for Independent Living plan.
19        (2) To provide administrative support services to
20    centers for independent living programs.
21        (3) To keep records, and take such actions with
22    respect to those records, as the Administrator
23    Commissioner finds to be necessary with respect to the
24    programs.
25        (4) To submit additional information or provide
26    assurances the Administrator Commissioner may require with

 

 

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1    respect to the programs.
2The vocational rehabilitation administrator and the
3Chairperson of the Council is are responsible for jointly
4developing and signing the State Plan for Independent Living
5plan required by Section 704 of the federal Act. The Director,
6or his or her designee, is responsible for approving the State
7Plan for Independent Living prior to its submission to the
8Administrator. The State Plan for Independent Living plan
9shall conform to the requirements of Section 704 of the
10federal Act.
11    (d) Statewide Independent Living Council.
12    The Governor shall appoint a Statewide Independent Living
13Council, comprised of 18 members, which shall be established
14as an entity separate and distinct from the Department. The
15composition of the Council shall include the following:
16        (1) At least one director of a center for independent
17    living chosen by the directors of centers for independent
18    living within the State.
19        (2) A representative from the unit of the Department
20    of Human Services responsible for the administration of
21    the vocational rehabilitation program and a representative
22    from another unit in the Department of Human Services that
23    provides services for individuals with disabilities and a
24    representative each from the Department on Aging, the
25    State Board of Education, and the Department of Children
26    and Family Services, all as ex officio, nonvoting

 

 

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1    ex-officio, non-voting members who shall not be counted in
2    the 18 members appointed by the Governor.
3    In addition, the Council may include the following:
4        (A) One or more representatives of centers for
5    independent living.
6        (B) One or more parents or guardians of individuals
7    with disabilities.
8        (C) One or more advocates for individuals with
9    disabilities.
10        (D) One or more representatives of private business.
11        (E) One or more representatives of organizations that
12    provide services for individuals with disabilities.
13        (F) Other appropriate individuals.
14    After soliciting recommendations from organizations
15representing a broad range of individuals with disabilities
16and organizations interested in individuals with disabilities,
17the Governor shall appoint members of the Council for terms
18beginning July 1, 1993. The Council shall be composed of
19members (i) who provide statewide representation; (ii) who
20represent a broad range of individuals with disabilities from
21diverse backgrounds; (iii) who are knowledgeable about centers
22for independent living and independent living services; and
23(iv) a majority of whom are persons who are individuals with
24disabilities and are not employed by any State agency or
25center for independent living.
26    The council shall elect a chairperson from among its

 

 

HB0452- 21 -LRB102 12132 KTG 17469 b

1voting membership.
2    Each member of the Council shall serve for terms of 3
3years, except that (i) a member appointed to fill a vacancy
4occurring before the expiration of the term for which the
5predecessor was appointed shall be appointed for the remainder
6of that term and (ii) terms of the members initially appointed
7after the effective date of this amendatory Act of 1993 shall
8be as follows: 6 of the initial members shall be appointed for
9terms of one year, 6 shall be appointed for terms of 2 years,
10and 6 shall be appointed for terms of 3 years. No member of the
11council may serve more than 2 consecutive full terms.
12    Appointments to fill vacancies in unexpired terms and new
13terms shall be filled by the Governor or by the Council if the
14Governor delegates that power to the Council by executive
15order. The vacancy shall not affect the power of the remaining
16members to execute the powers and duties of the Council. The
17Council shall have the duties enumerated in subsections (c),
18(d), and (e) of Section 705 of the federal Act.
19    Members shall be reimbursed for their actual expenses
20incurred in the performance of their duties, including
21expenses for travel, child care, and personal assistance
22services, and a member who is not employed or who must forfeit
23wages from other employment shall be paid reasonable
24compensation for each day the member is engaged in performing
25the duties of the Council. The reimbursement or compensation
26shall be paid from moneys made available to the Department

 

 

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1under Part B of Title VII of the federal Act.
2    In addition to the powers and duties granted to advisory
3boards by Section 5-505 of the Departments of State Government
4Law (20 ILCS 5/5-505), the Council shall have the authority to
5appoint jointly with the vocational rehabilitation
6administrator a peer review committee to consider and make
7recommendations for grants to eligible centers for independent
8living.
9    (e) Grants to centers for independent living. Each center
10for independent living that receives assistance from the
11Department under this Section shall comply with the standards
12and provide and comply with the assurances that are set forth
13in the State plan and consistent with Section 725 of the
14federal Act. Each center for independent living receiving
15financial assistance from the Department shall provide
16satisfactory assurances at the time and in the manner the
17Director, or his or her designee, requires. Centers for
18independent living receiving financial assistance from the
19Department shall comply with grant making provisions outlined
20in State and federal law, and with the requirements of their
21respective grant contracts. vocational rehabilitation
22administrator requires.
23    Beginning October 1, 1994, the Director, or his or her
24designee, vocational rehabilitation administrator may award
25grants to any eligible center for independent living that is
26receiving funds under Title VII of the federal Act, unless the

 

 

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1Director, or his or her designee, vocational rehabilitation
2administrator makes a finding that the center for independent
3living fails to comply with the standards and assurances set
4forth in Section 725 of the federal Act.
5    If there is no center for independent living serving a
6region of the State or the region is underserved, and the State
7receives a federal increase in its allotment sufficient to
8support one or more additional centers for independent living
9in the State, the Director, or his or her designee, vocational
10rehabilitation administrator may award a grant under this
11subsection to one or more eligible agencies, consistent with
12the provisions of the State plan setting forth the design of
13the State for establishing a statewide network for centers for
14independent living.
15    In selecting from among eligible agencies in awarding a
16grant under this subsection for a new center for independent
17living, the Director, or his or her designee, vocational
18rehabilitation administrator and the chairperson of (or other
19individual designated by) the Council acting on behalf of and
20at the direction of the Council shall jointly appoint a peer
21review committee that shall rank applications in accordance
22with the standards and assurances set forth in Section 725 of
23the federal Act and criteria jointly established by the
24Director, or his or her designee, vocational rehabilitation
25administrator and the chairperson or designated individual.
26The peer review committee shall consider the ability of the

 

 

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1applicant to operate a center for independent living and shall
2recommend an applicant to receive a grant under this
3subsection based on the following:
4        (1) Evidence of the need for a center for independent
5    living, consistent with the State plan.
6        (2) Any past performance of the applicant in providing
7    services comparable to independent living services.
8        (3) The applicant's plan for complying with, or
9    demonstrated success in complying with, the standards and
10    assurances set forth in Section 725 of the federal Act.
11        (4) The quality of key personnel of the applicant and
12    the involvement of individuals with significant
13    disabilities by the applicant.
14        (5) The budgets and cost effectiveness of the
15    applicant.
16        (6) The evaluation plan of the applicant.
17        (7) The ability of the applicant to carry out the
18    plan.
19    The Director, or his or her designee, vocational
20rehabilitation administrator shall award the grant on the
21basis of the recommendation of the peer review committee if
22the actions of the committee are consistent with federal and
23State law.
24    (f) Evaluation and review. The Director, or his or her
25designee, vocational rehabilitation administrator shall
26periodically review each center for independent living that

 

 

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1receives funds from the Department under Title VII of the
2federal Act, or moneys appropriated from the General Revenue
3Fund, to determine whether the center is in compliance with
4the standards and assurances set forth in Section 725 of the
5federal Act, other applicable State and federal laws, and the
6provisions of the grant contract. If the Director, or his or
7her designee, vocational rehabilitation administrator
8determines that any center receiving those federal or State
9funds is not in compliance with the standards and assurances
10set forth in Section 725, the Director, or his or her designee,
11vocational rehabilitation administrator shall immediately
12notify the center that it is out of compliance. The Director,
13or his or her designee, shall recommend to the Secretary, or
14his or her designee, that all funding to that center be
15terminated vocational rehabilitation administrator shall
16terminate all funds to that center 90 days after the date of
17notification or, in the case of a center that requests an
18appeal, the date of any final decision, unless the center
19submits a plan to achieve compliance within 90 days and that
20plan is approved by the Director, or his or her designee,
21vocational rehabilitation administrator or (if on appeal) by
22the Secretary, or his or her designee Commissioner.
23(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
2492-16, eff. 6-28-01.)
 
25    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)

 

 

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1    Sec. 13a. (a) The Department shall be responsible for
2coordinating the establishment of local Transition Planning
3Committees. Members of the committees shall consist of
4representatives from special education; vocational and regular
5education; post-secondary education; parents of youth with
6disabilities; persons with disabilities; local business or
7industry; the Department of Human Services; public and private
8adult service providers; case coordination; and other
9consumer, school, and adult services as appropriate. The
10Committee shall elect a chair and shall meet at least
11quarterly. Each Transition Planning Committee shall:
12        (1) identify current transition services, programs,
13    and funding sources provided within the community for
14    secondary and post-secondary aged youth with disabilities
15    and their families as well as the development of
16    strategies to address unmet needs;
17        (2) facilitate the development of transition
18    interagency teams to address present and future transition
19    needs of individual students on their individual education
20    plans;
21        (3) develop a mission statement that emphasizes the
22    goals of integration and participation in all aspects of
23    community life for persons with disabilities;
24        (4) provide for the exchange of information such as
25    appropriate data, effectiveness studies, special projects,
26    exemplary programs, and creative funding of programs;

 

 

HB0452- 27 -LRB102 12132 KTG 17469 b

1        (5) develop consumer in-service and awareness training
2    programs in the local community; and
3        (6) assist in staff training for individual transition
4    planning and student transition needs assessment.
5    (b) Each Transition Planning Committee shall select a
6chair from among its members who shall serve for a term of one
7year. Each committee shall meet at least quarterly, or at such
8other times at the call of the chair.
9    (c) (Blank). Each Transition Planning Committee shall
10annually prepare and submit to the Interagency Coordinating
11Council a report which assesses the level of currently
12available services in the community as well as the level of
13unmet needs of secondary students with disabilities, makes
14recommendations to address unmet needs, and summarizes the
15steps taken to address unmet needs based on the
16recommendations made in previous reports.
17    (d) The name and affiliation of each local Transition
18Planning Committee member and the annual report required under
19subsection (c) of this Section shall be filed with the
20administrative office of each school district served by the
21local Transition Planning Committee, be made available to the
22public upon request, and be sent to each member of the General
23Assembly whose district encompasses the area served by the
24Transition Planning Committee.
25(Source: P.A. 92-452, eff. 8-21-01.)
 

 

 

HB0452- 28 -LRB102 12132 KTG 17469 b

1    (20 ILCS 2405/12 rep.)
2    Section 10. The Rehabilitation of Persons with
3Disabilities Act is amended by repealing Section 12.
 
4    (20 ILCS 2407/Art. 4 rep.)
5    Section 15. The Disabilities Services Act of 2003 is
6amended by repealing Article 4.
 
7    Section 20. The School Code is amended by changing Section
814-8.02 as follows:
 
9    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
10    Sec. 14-8.02. Identification, evaluation, and placement of
11children.
12    (a) The State Board of Education shall make rules under
13which local school boards shall determine the eligibility of
14children to receive special education. Such rules shall ensure
15that a free appropriate public education be available to all
16children with disabilities as defined in Section 14-1.02. The
17State Board of Education shall require local school districts
18to administer non-discriminatory procedures or tests to
19English learners coming from homes in which a language other
20than English is used to determine their eligibility to receive
21special education. The placement of low English proficiency
22students in special education programs and facilities shall be
23made in accordance with the test results reflecting the

 

 

HB0452- 29 -LRB102 12132 KTG 17469 b

1student's linguistic, cultural and special education needs.
2For purposes of determining the eligibility of children the
3State Board of Education shall include in the rules
4definitions of "case study", "staff conference",
5"individualized educational program", and "qualified
6specialist" appropriate to each category of children with
7disabilities as defined in this Article. For purposes of
8determining the eligibility of children from homes in which a
9language other than English is used, the State Board of
10Education shall include in the rules definitions for
11"qualified bilingual specialists" and "linguistically and
12culturally appropriate individualized educational programs".
13For purposes of this Section, as well as Sections 14-8.02a,
1414-8.02b, and 14-8.02c of this Code, "parent" means a parent
15as defined in the federal Individuals with Disabilities
16Education Act (20 U.S.C. 1401(23)).
17    (b) No child shall be eligible for special education
18facilities except with a carefully completed case study fully
19reviewed by professional personnel in a multidisciplinary
20staff conference and only upon the recommendation of qualified
21specialists or a qualified bilingual specialist, if available.
22At the conclusion of the multidisciplinary staff conference,
23the parent of the child shall be given a copy of the
24multidisciplinary conference summary report and
25recommendations, which includes options considered, and be
26informed of his or her their right to obtain an independent

 

 

HB0452- 30 -LRB102 12132 KTG 17469 b

1educational evaluation if he or she disagrees they disagree
2with the evaluation findings conducted or obtained by the
3school district. If the school district's evaluation is shown
4to be inappropriate, the school district shall reimburse the
5parent for the cost of the independent evaluation. The State
6Board of Education shall, with advice from the State Advisory
7Council on Education of Children with Disabilities on the
8inclusion of specific independent educational evaluators,
9prepare a list of suggested independent educational
10evaluators. The State Board of Education shall include on the
11list clinical psychologists licensed pursuant to the Clinical
12Psychologist Licensing Act. Such psychologists shall not be
13paid fees in excess of the amount that would be received by a
14school psychologist for performing the same services. The
15State Board of Education shall supply school districts with
16such list and make the list available to parents at their
17request. School districts shall make the list available to
18parents at the time they are informed of their right to obtain
19an independent educational evaluation. However, the school
20district may initiate an impartial due process hearing under
21this Section within 5 days of any written parent request for an
22independent educational evaluation to show that its evaluation
23is appropriate. If the final decision is that the evaluation
24is appropriate, the parent still has a right to an independent
25educational evaluation, but not at public expense. An
26independent educational evaluation at public expense must be

 

 

HB0452- 31 -LRB102 12132 KTG 17469 b

1completed within 30 days of a parent written request unless
2the school district initiates an impartial due process hearing
3or the parent or school district offers reasonable grounds to
4show that such 30-day 30 day time period should be extended. If
5the due process hearing decision indicates that the parent is
6entitled to an independent educational evaluation, it must be
7completed within 30 days of the decision unless the parent or
8the school district offers reasonable grounds to show that
9such 30-day 30 day period should be extended. If a parent
10disagrees with the summary report or recommendations of the
11multidisciplinary conference or the findings of any
12educational evaluation which results therefrom, the school
13district shall not proceed with a placement based upon such
14evaluation and the child shall remain in his or her regular
15classroom setting. No child shall be eligible for admission to
16a special class for children with a mental disability who are
17educable or for children with a mental disability who are
18trainable except with a psychological evaluation and
19recommendation by a school psychologist. Consent shall be
20obtained from the parent of a child before any evaluation is
21conducted. If consent is not given by the parent or if the
22parent disagrees with the findings of the evaluation, then the
23school district may initiate an impartial due process hearing
24under this Section. The school district may evaluate the child
25if that is the decision resulting from the impartial due
26process hearing and the decision is not appealed or if the

 

 

HB0452- 32 -LRB102 12132 KTG 17469 b

1decision is affirmed on appeal. The determination of
2eligibility shall be made and the IEP meeting shall be
3completed within 60 school days from the date of written
4parental consent. In those instances when written parental
5consent is obtained with fewer than 60 pupil attendance days
6left in the school year, the eligibility determination shall
7be made and the IEP meeting shall be completed prior to the
8first day of the following school year. Special education and
9related services must be provided in accordance with the
10student's IEP no later than 10 school attendance days after
11notice is provided to the parents pursuant to Section 300.503
12of Title 34 of the Code of Federal Regulations and
13implementing rules adopted by the State Board of Education.
14The appropriate program pursuant to the individualized
15educational program of students whose native tongue is a
16language other than English shall reflect the special
17education, cultural and linguistic needs. No later than
18September 1, 1993, the State Board of Education shall
19establish standards for the development, implementation and
20monitoring of appropriate bilingual special individualized
21educational programs. The State Board of Education shall
22further incorporate appropriate monitoring procedures to
23verify implementation of these standards. The district shall
24indicate to the parent and the State Board of Education the
25nature of the services the child will receive for the regular
26school term while waiting placement in the appropriate special

 

 

HB0452- 33 -LRB102 12132 KTG 17469 b

1education class. At the child's initial IEP meeting and at
2each annual review meeting, the child's IEP team shall provide
3the child's parent or guardian with a written notification
4that informs the parent or guardian that the IEP team is
5required to consider whether the child requires assistive
6technology in order to receive free, appropriate public
7education. The notification must also include a toll-free
8telephone number and internet address for the State's
9assistive technology program.
10    If the child is deaf, hard of hearing, blind, or visually
11impaired, or diagnosed with an orthopedic impairment or
12physical disability and he or she might be eligible to receive
13services from the Illinois School for the Deaf, or the
14Illinois School for the Visually Impaired, or the Illinois
15Center for Rehabilitation and Education-Roosevelt, the school
16district shall notify the parents, in writing, of the
17existence of these schools and the services they provide and
18shall make a reasonable effort to inform the parents of the
19existence of other, local schools that provide similar
20services and the services that these other schools provide.
21This notification shall include without limitation information
22on school services, school admissions criteria, and school
23contact information.
24    In the development of the individualized education program
25for a student who has a disability on the autism spectrum
26(which includes autistic disorder, Asperger's disorder,

 

 

HB0452- 34 -LRB102 12132 KTG 17469 b

1pervasive developmental disorder not otherwise specified,
2childhood disintegrative disorder, and Rett Syndrome, as
3defined in the Diagnostic and Statistical Manual of Mental
4Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
5consider all of the following factors:
6        (1) The verbal and nonverbal communication needs of
7    the child.
8        (2) The need to develop social interaction skills and
9    proficiencies.
10        (3) The needs resulting from the child's unusual
11    responses to sensory experiences.
12        (4) The needs resulting from resistance to
13    environmental change or change in daily routines.
14        (5) The needs resulting from engagement in repetitive
15    activities and stereotyped movements.
16        (6) The need for any positive behavioral
17    interventions, strategies, and supports to address any
18    behavioral difficulties resulting from autism spectrum
19    disorder.
20        (7) Other needs resulting from the child's disability
21    that impact progress in the general curriculum, including
22    social and emotional development.
23Public Act 95-257 does not create any new entitlement to a
24service, program, or benefit, but must not affect any
25entitlement to a service, program, or benefit created by any
26other law.

 

 

HB0452- 35 -LRB102 12132 KTG 17469 b

1    If the student may be eligible to participate in the
2Home-Based Support Services Program for Adults with Mental
3Disabilities authorized under the Developmental Disability and
4Mental Disability Services Act upon becoming an adult, the
5student's individualized education program shall include plans
6for (i) determining the student's eligibility for those
7home-based services, (ii) enrolling the student in the program
8of home-based services, and (iii) developing a plan for the
9student's most effective use of the home-based services after
10the student becomes an adult and no longer receives special
11educational services under this Article. The plans developed
12under this paragraph shall include specific actions to be
13taken by specified individuals, agencies, or officials.
14    (c) In the development of the individualized education
15program for a student who is functionally blind, it shall be
16presumed that proficiency in Braille reading and writing is
17essential for the student's satisfactory educational progress.
18For purposes of this subsection, the State Board of Education
19shall determine the criteria for a student to be classified as
20functionally blind. Students who are not currently identified
21as functionally blind who are also entitled to Braille
22instruction include: (i) those whose vision loss is so severe
23that they are unable to read and write at a level comparable to
24their peers solely through the use of vision, and (ii) those
25who show evidence of progressive vision loss that may result
26in functional blindness. Each student who is functionally

 

 

HB0452- 36 -LRB102 12132 KTG 17469 b

1blind shall be entitled to Braille reading and writing
2instruction that is sufficient to enable the student to
3communicate with the same level of proficiency as other
4students of comparable ability. Instruction should be provided
5to the extent that the student is physically and cognitively
6able to use Braille. Braille instruction may be used in
7combination with other special education services appropriate
8to the student's educational needs. The assessment of each
9student who is functionally blind for the purpose of
10developing the student's individualized education program
11shall include documentation of the student's strengths and
12weaknesses in Braille skills. Each person assisting in the
13development of the individualized education program for a
14student who is functionally blind shall receive information
15describing the benefits of Braille instruction. The
16individualized education program for each student who is
17functionally blind shall specify the appropriate learning
18medium or media based on the assessment report.
19    (d) To the maximum extent appropriate, the placement shall
20provide the child with the opportunity to be educated with
21children who do not have a disability; provided that children
22with disabilities who are recommended to be placed into
23regular education classrooms are provided with supplementary
24services to assist the children with disabilities to benefit
25from the regular classroom instruction and are included on the
26teacher's regular education class register. Subject to the

 

 

HB0452- 37 -LRB102 12132 KTG 17469 b

1limitation of the preceding sentence, placement in special
2classes, separate schools or other removal of the child with a
3disability from the regular educational environment shall
4occur only when the nature of the severity of the disability is
5such that education in the regular classes with the use of
6supplementary aids and services cannot be achieved
7satisfactorily. The placement of English learners with
8disabilities shall be in non-restrictive environments which
9provide for integration with peers who do not have
10disabilities in bilingual classrooms. Annually, each January,
11school districts shall report data on students from
12non-English speaking backgrounds receiving special education
13and related services in public and private facilities as
14prescribed in Section 2-3.30. If there is a disagreement
15between parties involved regarding the special education
16placement of any child, either in-state or out-of-state, the
17placement is subject to impartial due process procedures
18described in Article 10 of the Rules and Regulations to Govern
19the Administration and Operation of Special Education.
20    (e) No child who comes from a home in which a language
21other than English is the principal language used may be
22assigned to any class or program under this Article until he
23has been given, in the principal language used by the child and
24used in his home, tests reasonably related to his cultural
25environment. All testing and evaluation materials and
26procedures utilized for evaluation and placement shall not be

 

 

HB0452- 38 -LRB102 12132 KTG 17469 b

1linguistically, racially or culturally discriminatory.
2    (f) Nothing in this Article shall be construed to require
3any child to undergo any physical examination or medical
4treatment whose parents object thereto on the grounds that
5such examination or treatment conflicts with his religious
6beliefs.
7    (g) School boards or their designee shall provide to the
8parents of a child prior written notice of any decision (a)
9proposing to initiate or change, or (b) refusing to initiate
10or change, the identification, evaluation, or educational
11placement of the child or the provision of a free appropriate
12public education to their child, and the reasons therefor.
13Such written notification shall also inform the parent of the
14opportunity to present complaints with respect to any matter
15relating to the educational placement of the student, or the
16provision of a free appropriate public education and to have
17an impartial due process hearing on the complaint. The notice
18shall inform the parents in the parents' native language,
19unless it is clearly not feasible to do so, of their rights and
20all procedures available pursuant to this Act and the federal
21Individuals with Disabilities Education Improvement Act of
222004 (Public Law 108-446); it shall be the responsibility of
23the State Superintendent to develop uniform notices setting
24forth the procedures available under this Act and the federal
25Individuals with Disabilities Education Improvement Act of
262004 (Public Law 108-446) to be used by all school boards. The

 

 

HB0452- 39 -LRB102 12132 KTG 17469 b

1notice shall also inform the parents of the availability upon
2request of a list of free or low-cost legal and other relevant
3services available locally to assist parents in initiating an
4impartial due process hearing. The State Superintendent shall
5revise the uniform notices required by this subsection (g) to
6reflect current law and procedures at least once every 2
7years. Any parent who is deaf, or does not normally
8communicate using spoken English, who participates in a
9meeting with a representative of a local educational agency
10for the purposes of developing an individualized educational
11program shall be entitled to the services of an interpreter.
12The State Board of Education must adopt rules to establish the
13criteria, standards, and competencies for a bilingual language
14interpreter who attends an individualized education program
15meeting under this subsection to assist a parent who has
16limited English proficiency.
17    (g-5) For purposes of this subsection (g-5), "qualified
18professional" means an individual who holds credentials to
19evaluate the child in the domain or domains for which an
20evaluation is sought or an intern working under the direct
21supervision of a qualified professional, including a master's
22or doctoral degree candidate.
23    To ensure that a parent can participate fully and
24effectively with school personnel in the development of
25appropriate educational and related services for his or her
26child, the parent, an independent educational evaluator, or a

 

 

HB0452- 40 -LRB102 12132 KTG 17469 b

1qualified professional retained by or on behalf of a parent or
2child must be afforded reasonable access to educational
3facilities, personnel, classrooms, and buildings and to the
4child as provided in this subsection (g-5). The requirements
5of this subsection (g-5) apply to any public school facility,
6building, or program and to any facility, building, or program
7supported in whole or in part by public funds. Prior to
8visiting a school, school building, or school facility, the
9parent, independent educational evaluator, or qualified
10professional may be required by the school district to inform
11the building principal or supervisor in writing of the
12proposed visit, the purpose of the visit, and the approximate
13duration of the visit. The visitor and the school district
14shall arrange the visit or visits at times that are mutually
15agreeable. Visitors shall comply with school safety, security,
16and visitation policies at all times. School district
17visitation policies must not conflict with this subsection
18(g-5). Visitors shall be required to comply with the
19requirements of applicable privacy laws, including those laws
20protecting the confidentiality of education records such as
21the federal Family Educational Rights and Privacy Act and the
22Illinois School Student Records Act. The visitor shall not
23disrupt the educational process.
24        (1) A parent must be afforded reasonable access of
25    sufficient duration and scope for the purpose of observing
26    his or her child in the child's current educational

 

 

HB0452- 41 -LRB102 12132 KTG 17469 b

1    placement, services, or program or for the purpose of
2    visiting an educational placement or program proposed for
3    the child.
4        (2) An independent educational evaluator or a
5    qualified professional retained by or on behalf of a
6    parent or child must be afforded reasonable access of
7    sufficient duration and scope for the purpose of
8    conducting an evaluation of the child, the child's
9    performance, the child's current educational program,
10    placement, services, or environment, or any educational
11    program, placement, services, or environment proposed for
12    the child, including interviews of educational personnel,
13    child observations, assessments, tests or assessments of
14    the child's educational program, services, or placement or
15    of any proposed educational program, services, or
16    placement. If one or more interviews of school personnel
17    are part of the evaluation, the interviews must be
18    conducted at a mutually agreed upon time, date, and place
19    that do not interfere with the school employee's school
20    duties. The school district may limit interviews to
21    personnel having information relevant to the child's
22    current educational services, program, or placement or to
23    a proposed educational service, program, or placement.
24    (h) (Blank).
25    (i) (Blank).
26    (j) (Blank).

 

 

HB0452- 42 -LRB102 12132 KTG 17469 b

1    (k) (Blank).
2    (l) (Blank).
3    (m) (Blank).
4    (n) (Blank).
5    (o) (Blank).
6(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
7100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

HB0452- 43 -LRB102 12132 KTG 17469 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2405/1bfrom Ch. 23, par. 3432
4    20 ILCS 2405/3from Ch. 23, par. 3434
5    20 ILCS 2405/5from Ch. 23, par. 3436
6    20 ILCS 2405/5afrom Ch. 23, par. 3437
7    20 ILCS 2405/9from Ch. 23, par. 3440
8    20 ILCS 2405/11from Ch. 23, par. 3442
9    20 ILCS 2405/12afrom Ch. 23, par. 3443a
10    20 ILCS 2405/13afrom Ch. 23, par. 3444a
11    20 ILCS 2405/12 rep.
12    20 ILCS 2407/Art. 4 rep.
13    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02