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

HB0452enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0452 EnrolledLRB102 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 3. The Illinois Commission on Volunteerism and
5Community Service Act is amended by changing Sections 1, 6.1,
6and 7 as follows:
 
7    (20 ILCS 2330/1)  (was 20 ILCS 710/1)
8    Sec. 1. Creation. There is created in the Department of
9Human Services Public Health the Illinois Commission on
10Volunteerism and Community Service.
11(Source: P.A. 98-692, eff. 7-1-14.)
 
12    (20 ILCS 2330/6.1)   (was 20 ILCS 710/6.1)
13    Sec. 6.1. Functions of Commission. The Commission shall
14meet at least quarterly and shall advise and consult with the
15Department of Human Services Public Health and the Governor's
16Office on all matters relating to community service in
17Illinois. In addition, the Commission shall have the following
18duties:
19        (a) prepare a 3-year State service plan, developed
20    through an open, public process and updated annually;
21        (b) prepare the financial assistance applications of
22    the State under the National and Community Service Trust

 

 

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1    Fund Act of 1993, as amended by the Serve America Act;
2        (c) assist in the preparation of the application by
3    the State Board of Education for assistance under that
4    Act;
5        (d) prepare the State's application under that Act for
6    the approval of national service positions;
7        (e) assist in the provision of health care and child
8    care benefits under that Act;
9        (f) develop a State recruitment, placement, and
10    information dissemination system for participants in
11    programs that receive assistance under the national
12    service laws;
13        (g) administer the State's grant program including
14    selection, oversight, and evaluation of grant recipients;
15        (h) make technical assistance available to enable
16    applicants to plan and implement service programs and to
17    apply for assistance under the national service laws;
18        (i) develop projects, training methods, curriculum
19    materials, and other activities related to service;
20        (j) coordinate its functions with any division of the
21    federal Corporation for National and Community Service
22    outlined in the National and Community Service Trust Fund
23    Act of 1993, as amended by the Serve America Act;
24        (k) publicize Commission services and promote
25    community involvement in the activities of the Commission;
26        (l) promote increased visibility and support for

 

 

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1    volunteers of all ages, especially youth and senior
2    citizens, and community service in meeting the needs of
3    Illinois residents; and
4        (m) represent the Department of Human Services Public
5    Health and the Governor's Office on such occasions and in
6    such manner as the Department may provide.
7(Source: P.A. 98-692, eff. 7-1-14; 99-78, eff. 7-20-15.)
 
8    (20 ILCS 2330/7)   (was 20 ILCS 710/7)
9    Sec. 7. Program transfer. On the effective date of this
10amendatory Act of the 102nd 98th General Assembly, the
11authority, powers, and duties in this Act of the Department of
12Public Health Human Services are transferred to the Department
13of Human Services Public Health.
14(Source: P.A. 98-692, eff. 7-1-14.)
 
15    Section 5. The Rehabilitation of Persons with Disabilities
16Act is amended by changing Sections 1b, 3, 5, 5a, 9, 10, 11,
1712a, and 13a as follows:
 
18    (20 ILCS 2405/1b)  (from Ch. 23, par. 3432)
19    Sec. 1b. Definitions. As used in For the purpose of this
20Act: , the term
21    "Person person with one or more disabilities" means a any
22person who, by reason of a physical or mental impairment, is or
23may be expected to require assistance to achieve be totally or

 

 

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1partially incapacitated for independent living or competitive
2integrated employment.
3    "Vocational rehabilitation" gainful employment; the term
4"rehabilitation" or "habilitation" means those vocational or
5other appropriate services that which increase the
6opportunities for competitive integrated employment.
7    "Independent living" independent functioning or gainful
8employment; the term "comprehensive rehabilitation" means
9those services necessary and appropriate to support community
10living and independence.
11    "Director" for increasing the potential for independent
12living or gainful employment as applicable; the term
13"vocational rehabilitation administrator" means the head of
14the designated State unit within the Department responsible
15for administration of rehabilitation and independent living
16services provided for in this Act, including but not limited
17to the administration of the federal Rehabilitation Act of
181973, as amended by the Workforce Innovation and Opportunity
19Act. ; the term
20    "Department" means the Department of Human Services. ; and
21the term
22    "Secretary" means the Secretary of Human Services.
23(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
 
24    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
25    Sec. 3. Powers and duties. The Department shall have the

 

 

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1powers and duties enumerated herein:
2        (a) To cooperate co-operate with the federal
3    government in the administration of the provisions of the
4    federal Rehabilitation Act of 1973, as amended by , of the
5    Workforce Innovation and Opportunity Act, and of the
6    federal Social Security Act to the extent and in the
7    manner provided in these Acts.
8        (b) To prescribe and supervise such courses of
9    vocational training and provide such other services as may
10    be necessary for the vocational habilitation and
11    rehabilitation of persons with one or more disabilities,
12    including the administrative activities under subsection
13    (e) of this Section; , and to cooperate co-operate with
14    State and local school authorities and other recognized
15    agencies engaged in vocational habilitation,
16    rehabilitation and comprehensive rehabilitation services;
17    and to cooperate with the Department of Children and
18    Family Services, the Illinois State Board of Education,
19    and others regarding the care and education of children
20    with one or more disabilities.
21        (c) (Blank).
22        (d) To report in writing, to the Governor, annually on
23    or before the first day of December, and at such other
24    times and in such manner and upon such subjects as the
25    Governor may require. The annual report shall contain (1)
26    information on the programs and activities dedicated to

 

 

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1    vocational rehabilitation, independent living, and other
2    community services and supports administered by the
3    Director; (2) information on the development of vocational
4    rehabilitation services, independent living services, and
5    supporting services administered by the Director in the
6    State; and (3) information detailing a statement of the
7    existing condition of comprehensive rehabilitation
8    services, habilitation and rehabilitation in the State;
9    (2) a statement of suggestions and recommendations with
10    reference to the development of comprehensive
11    rehabilitation services, habilitation and rehabilitation
12    in the State; and (3) an itemized statement of the amounts
13    of money received from federal, State, and other sources,
14    and of the objects and purposes to which the respective
15    items of these several amounts have been devoted.
16        (e) (Blank).
17        (f) To establish a program of services to prevent the
18    unnecessary institutionalization of persons in need of
19    long term care and who meet the criteria for blindness or
20    disability as defined by the Social Security Act, thereby
21    enabling them to remain in their own homes. Such
22    preventive services include any or all of the following:
23            (1) personal assistant services;
24            (2) homemaker services;
25            (3) home-delivered meals;
26            (4) adult day care services;

 

 

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1            (5) respite care;
2            (6) home modification or assistive equipment;
3            (7) home health services;
4            (8) electronic home response;
5            (9) brain injury behavioral/cognitive services;
6            (10) brain injury habilitation;
7            (11) brain injury pre-vocational services; or
8            (12) brain injury supported employment.
9        The Department shall establish eligibility standards
10    for such services taking into consideration the unique
11    economic and social needs of the population for whom they
12    are to be provided. Such eligibility standards may be
13    based on the recipient's ability to pay for services;
14    provided, however, that any portion of a person's income
15    that is equal to or less than the "protected income" level
16    shall not be considered by the Department in determining
17    eligibility. The "protected income" level shall be
18    determined by the Department, shall never be less than the
19    federal poverty standard, and shall be adjusted each year
20    to reflect changes in the Consumer Price Index For All
21    Urban Consumers as determined by the United States
22    Department of Labor. The standards must provide that a
23    person may not have more than $10,000 in assets to be
24    eligible for the services, and the Department may increase
25    or decrease the asset limitation by rule. The Department
26    may not decrease the asset level below $10,000.

 

 

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1        The services shall be provided, as established by the
2    Department by rule, to eligible persons to prevent
3    unnecessary or premature institutionalization, to the
4    extent that the cost of the services, together with the
5    other personal maintenance expenses of the persons, are
6    reasonably related to the standards established for care
7    in a group facility appropriate to their condition. These
8    non-institutional services, pilot projects or experimental
9    facilities may be provided as part of or in addition to
10    those authorized by federal law or those funded and
11    administered by the Illinois Department on Aging. The
12    Department shall set rates and fees for services in a fair
13    and equitable manner. Services identical to those offered
14    by the Department on Aging shall be paid at the same rate.
15        Except as otherwise provided in this paragraph,
16    personal assistants shall be paid at a rate negotiated
17    between the State and an exclusive representative of
18    personal assistants under a collective bargaining
19    agreement. In no case shall the Department pay personal
20    assistants an hourly wage that is less than the federal
21    minimum wage. Within 30 days after July 6, 2017 (the
22    effective date of Public Act 100-23), the hourly wage paid
23    to personal assistants and individual maintenance home
24    health workers shall be increased by $0.48 per hour.
25        Solely for the purposes of coverage under the Illinois
26    Public Labor Relations Act, personal assistants providing

 

 

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1    services under the Department's Home Services Program
2    shall be considered to be public employees and the State
3    of Illinois shall be considered to be their employer as of
4    July 16, 2003 (the effective date of Public Act 93-204),
5    but not before. Solely for the purposes of coverage under
6    the Illinois Public Labor Relations Act, home care and
7    home health workers who function as personal assistants
8    and individual maintenance home health workers and who
9    also provide services under the Department's Home Services
10    Program shall be considered to be public employees, no
11    matter whether the State provides such services through
12    direct fee-for-service arrangements, with the assistance
13    of a managed care organization or other intermediary, or
14    otherwise, and the State of Illinois shall be considered
15    to be the employer of those persons as of January 29, 2013
16    (the effective date of Public Act 97-1158), but not before
17    except as otherwise provided under this subsection (f).
18    The State shall engage in collective bargaining with an
19    exclusive representative of home care and home health
20    workers who function as personal assistants and individual
21    maintenance home health workers working under the Home
22    Services Program concerning their terms and conditions of
23    employment that are within the State's control. Nothing in
24    this paragraph shall be understood to limit the right of
25    the persons receiving services defined in this Section to
26    hire and fire home care and home health workers who

 

 

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1    function as personal assistants and individual maintenance
2    home health workers working under the Home Services
3    Program or to supervise them within the limitations set by
4    the Home Services Program. The State shall not be
5    considered to be the employer of home care and home health
6    workers who function as personal assistants and individual
7    maintenance home health workers working under the Home
8    Services Program for any purposes not specifically
9    provided in Public Act 93-204 or Public Act 97-1158,
10    including but not limited to, purposes of vicarious
11    liability in tort and purposes of statutory retirement or
12    health insurance benefits. Home care and home health
13    workers who function as personal assistants and individual
14    maintenance home health workers and who also provide
15    services under the Department's Home Services Program
16    shall not be covered by the State Employees Group
17    Insurance Act of 1971.
18        The Department shall execute, relative to nursing home
19    prescreening, as authorized by Section 4.03 of the
20    Illinois Act on the Aging, written inter-agency agreements
21    with the Department on Aging and the Department of
22    Healthcare and Family Services, to effect the intake
23    procedures and eligibility criteria for those persons who
24    may need long term care. On and after July 1, 1996, all
25    nursing home prescreenings for individuals 18 through 59
26    years of age shall be conducted by the Department, or a

 

 

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1    designee of the Department.
2        The Department is authorized to establish a system of
3    recipient cost-sharing for services provided under this
4    Section. The cost-sharing shall be based upon the
5    recipient's ability to pay for services, but in no case
6    shall the recipient's share exceed the actual cost of the
7    services provided. Protected income shall not be
8    considered by the Department in its determination of the
9    recipient's ability to pay a share of the cost of
10    services. The level of cost-sharing shall be adjusted each
11    year to reflect changes in the "protected income" level.
12    The Department shall deduct from the recipient's share of
13    the cost of services any money expended by the recipient
14    for disability-related expenses.
15        To the extent permitted under the federal Social
16    Security Act, the Department, or the Department's
17    authorized representative, may recover the amount of
18    moneys expended for services provided to or in behalf of a
19    person under this Section by a claim against the person's
20    estate or against the estate of the person's surviving
21    spouse, but no recovery may be had until after the death of
22    the surviving spouse, if any, and then only at such time
23    when there is no surviving child who is under age 21 or
24    blind or who has a permanent and total disability. This
25    paragraph, however, shall not bar recovery, at the death
26    of the person, of moneys for services provided to the

 

 

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1    person or in behalf of the person under this Section to
2    which the person was not entitled; provided that such
3    recovery shall not be enforced against any real estate
4    while it is occupied as a homestead by the surviving
5    spouse or other dependent, if no claims by other creditors
6    have been filed against the estate, or, if such claims
7    have been filed, they remain dormant for failure of
8    prosecution or failure of the claimant to compel
9    administration of the estate for the purpose of payment.
10    This paragraph shall not bar recovery from the estate of a
11    spouse, under Sections 1915 and 1924 of the Social
12    Security Act and Section 5-4 of the Illinois Public Aid
13    Code, who precedes a person receiving services under this
14    Section in death. All moneys for services paid to or in
15    behalf of the person under this Section shall be claimed
16    for recovery from the deceased spouse's estate.
17    "Homestead", as used in this paragraph, means the dwelling
18    house and contiguous real estate occupied by a surviving
19    spouse or relative, as defined by the rules and
20    regulations of the Department of Healthcare and Family
21    Services, regardless of the value of the property.
22        The Department shall submit an annual report on
23    programs and services provided under this Section. The
24    report shall be filed with the Governor and the General
25    Assembly on or before March 30 each year.
26        The requirement for reporting to the General Assembly

 

 

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1    shall be satisfied by filing copies of the report as
2    required by Section 3.1 of the General Assembly
3    Organization Act, and filing additional copies with the
4    State Government Report Distribution Center for the
5    General Assembly as required under paragraph (t) of
6    Section 7 of the State Library Act.
7        (g) To establish such subdivisions of the Department
8    as shall be desirable and assign to the various
9    subdivisions the responsibilities and duties placed upon
10    the Department by law.
11        (h) To cooperate and enter into any necessary
12    agreements with the Department of Employment Security for
13    the provision of job placement and job referral services
14    to clients of the Department, including job service
15    registration of such clients with Illinois Employment
16    Security offices and making job listings maintained by the
17    Department of Employment Security available to such
18    clients.
19        (i) To possess all powers reasonable and necessary for
20    the exercise and administration of the powers, duties and
21    responsibilities of the Department which are provided for
22    by law.
23        (j) (Blank).
24        (k) (Blank).
25        (l) To establish, operate, and maintain a Statewide
26    Housing Clearinghouse of information on available

 

 

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1    government subsidized housing accessible to persons with
2    disabilities and available privately owned housing
3    accessible to persons with disabilities. The information
4    shall include, but not be limited to, the location, rental
5    requirements, access features and proximity to public
6    transportation of available housing. The Clearinghouse
7    shall consist of at least a computerized database for the
8    storage and retrieval of information and a separate or
9    shared toll free telephone number for use by those seeking
10    information from the Clearinghouse. Department offices and
11    personnel throughout the State shall also assist in the
12    operation of the Statewide Housing Clearinghouse.
13    Cooperation with local, State, and federal housing
14    managers shall be sought and extended in order to
15    frequently and promptly update the Clearinghouse's
16    information.
17        (m) To assure that the names and case records of
18    persons who received or are receiving services from the
19    Department, including persons receiving vocational
20    rehabilitation, home services, or other services, and
21    those attending one of the Department's schools or other
22    supervised facility shall be confidential and not be open
23    to the general public. Those case records and reports or
24    the information contained in those records and reports
25    shall be disclosed by the Director only to proper law
26    enforcement officials, individuals authorized by a court,

 

 

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1    the General Assembly or any committee or commission of the
2    General Assembly, and other persons and for reasons as the
3    Director designates by rule. Disclosure by the Director
4    may be only in accordance with other applicable law.
5(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
6100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
78-14-18; 100-1148, eff. 12-10-18.)
 
8    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
9    Sec. 5. The Department is authorized to receive such gifts
10or donations, either from public or private sources, as may be
11offered unconditionally or under such conditions related to
12the comprehensive vocational rehabilitation services,
13independent living services, and other community services and
14supports administered by the Director for habilitation and
15rehabilitation of persons with one or more disabilities, as in
16the judgment of the Department are proper and consistent with
17the provisions of this Act.
18(Source: P.A. 94-91, eff. 7-1-05.)
 
19    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
20    Sec. 5a. The State of Illinois does hereby (1) accept the
21provisions and benefits of the act of Congress entitled the
22Rehabilitation Act of 1973, as amended by the Workforce
23Innovation and Opportunity Act heretofore and hereafter
24amended, (2) designate the State Treasurer as custodian of all

 

 

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1moneys received by the State from appropriations made by the
2Congress of the United States for comprehensive vocational
3rehabilitation services and related services for persons
4habilitation and rehabilitation of persons with one or more
5disabilities, to be kept in a fund to be known as the
6Vocational Rehabilitation Fund, and authorize the State
7treasurer to make disbursements therefrom upon the order of
8the Department, and (3) empower and direct the Department to
9cooperate with the federal government in carrying out the
10provisions of the Rehabilitation Act of 1973, as amended by
11the Workforce Innovation and Opportunity Act.
12(Source: P.A. 88-500.)
 
13    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
14    Sec. 9. Whenever, in the course of its vocational
15rehabilitation program, rehabilitation and habilitation
16program, the Department has provided tools, equipment, initial
17stock or other supplies to a person with one or more
18disabilities to establish a business enterprise as a
19self-employed person, other than a business enterprise under
20the supervision and management of a non-profit agency, the
21Department may, in its discretion, convey title to such tools,
22equipment, initial stock or other supplies at any time after
23the expiration of 6 months after such items are provided to
24that person.
25(Source: P.A. 86-607.)
 

 

 

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1    (20 ILCS 2405/10)  (from Ch. 23, par. 3441)
2    Sec. 10. Residential schools; visual and hearing
3disabilities.
4    (a) The Department of Human Services shall operate
5residential schools for the education of children with visual
6and hearing disabilities who are unable to take advantage of
7the regular educational facilities provided in the community,
8and shall provide in connection therewith such academic,
9vocational, and related services as may be required. Children
10shall be eligible for admission to these schools only after
11proper diagnosis and evaluation, in accordance with procedures
12prescribed by the Department.
13    (a-5) The Superintendent of the Illinois School for the
14Deaf shall be the chief executive officer of, and shall be
15responsible for the day to day operations of, the School, and
16shall obtain educational and professional employees who are
17certified by the Illinois State Board of Education or licensed
18by the appropriate agency or entity to which licensing
19authority has been delegated, as well as all other employees
20of the School, subject to the provisions of the Personnel Code
21and any applicable collective bargaining agreement. The
22Superintendent shall be appointed by the Governor, by and with
23the advice and consent of the Senate. In the case of a vacancy
24in the office of Superintendent during the recess of the
25Senate, the Governor shall make a temporary appointment until

 

 

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1the next meeting of the Senate, when the Governor shall
2nominate some person to fill the office, and any person so
3nominated who is confirmed by the Senate shall hold office
4during the remainder of the term and until his or her successor
5is appointed and qualified. The Superintendent shall hold
6office (i) for a term expiring on June 30 of 2015, and every 4
7years thereafter and (ii) until the Superintendent's successor
8is appointed and qualified. The Superintendent shall devote
9his or her full time to the duties of the office, shall not
10serve in any other capacity during his or her term of office,
11and shall receive such compensation as the Governor shall
12determine. The Superintendent shall have an administrative
13certificate with a superintendent endorsement as provided for
14under Section 21-7.1 of the School Code, and shall have a
15degree in educational administration, together with at least
1610 years of experience in either deaf or hard of hearing
17education, the administration of deaf or hard of hearing
18education, or a combination of the 2. Preference shall be
19given to candidates with a degree in deaf education. The
20Superintendent must be fluent in American Sign Language
21degrees in both educational administration and deaf education,
22together with at least 15 years of experience in either deaf
23education, the administration of deaf education, or a
24combination of the 2.
25    (a-10) The Superintendent of the Illinois School for the
26Visually Impaired shall be the chief executive officer of, and

 

 

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

 

 

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

 

 

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1necessary for the implementation of this subsection.
2    (c) In administering the Illinois School for the Visually
3Impaired, the Department shall adopt an admission policy that
4permits day or residential enrollment, when resources are
5sufficient, of children with visual disabilities who are able
6to take advantage of the regular educational facilities
7provided in the community and thus unqualified for admission
8under subsection (a). In doing so, the Department shall
9establish an annual deadline by which the enrollment of
10children qualified under subsection (a) for admission to the
11Illinois School for the Visually Impaired shall be completed.
12After the deadline, the Illinois School for the Visually
13Impaired may enroll other children with visual disabilities at
14the request of their parents or guardians if the Department
15determines there are sufficient resources to meet their needs
16as well as the needs of children enrolled before the deadline
17and children qualified under subsection (a) who may be
18enrolled after the deadline on an emergency basis. The
19Department shall adopt any rules and regulations necessary for
20the implementation of this subsection.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (20 ILCS 2405/11)  (from Ch. 23, par. 3442)
23    Sec. 11. Illinois Center for Rehabilitation and Education.
24The Department shall operate and maintain the Illinois Center
25for Rehabilitation and Education for the care and education of

 

 

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1educable young adults children with one or more physical
2disabilities and provide in connection therewith nursing and
3medical care and academic, occupational, and related training
4to such young adults children.
5    Any Illinois resident under the age of 22 21 years who is
6educable but has such a severe physical disability as a result
7of cerebral palsy, muscular dystrophy, spina bifida, or other
8cause that he or she is unable to take advantage of the system
9of free education in the State of Illinois, may be admitted to
10the Center or be entitled to services and facilities provided
11hereunder. Young adults Children shall be admitted to the
12Center or be eligible for such services and facilities only
13after diagnosis according to procedures approved for this
14purpose. The Department may avail itself of the services of
15other public or private agencies in determining any young
16adult's child's eligibility for admission to, or discharge
17from, the Center.
18    The Department may call upon other agencies of the State
19for such services as they are equipped to render in the care of
20young adults children with one or more physical disabilities,
21and such agencies are instructed to render those services
22which are consistent with their legal and administrative
23responsibilities.
24(Source: P.A. 88-172.)
 
25    (20 ILCS 2405/12a)  (from Ch. 23, par. 3443a)

 

 

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1    Sec. 12a. Centers for independent living.
2    (a) Purpose. Recognizing that persons with significant
3disabilities deserve a high quality of life within their
4communities regardless of their disabilities, the Department,
5working with the Statewide Independent Living Council, shall
6develop a State Plan for Independent Living for approval by
7the Department and subsequent submission to the Administrator
8based on federally prescribed timeframes. plan for submission
9on an annual basis to the Commissioner. The Department shall
10adopt rules for implementing the State Plan for Independent
11Living plan in accordance with the federal Act, including
12rules adopted under the federal Act governing the award of
13grants.
14    (b) Definitions. As used in this Section, unless the
15context clearly requires otherwise:
16    "Administrator" means the Administrator of the
17Administration for Community Living in the United States
18Department of Health and Human Services.
19    "Federal Act" means the federal Rehabilitation Act of
201973, as amended.
21    "Center for independent living" means a consumer
22controlled, community based, cross-disability,
23non-residential, private non-profit agency that is designated
24and operated within a local community by individuals with
25disabilities and provides an array of independent living
26services.

 

 

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1    "Consumer controlled" means that the center for
2independent living vests power and authority in individuals
3with disabilities and that at least 51% of the directors of the
4center are persons with one or more disabilities as defined by
5this Act.
6    "Commissioner" means the Commissioner of the
7Rehabilitation Services Administration in the United States
8Department of Education.
9    "Council" means the Statewide Independent Living Council
10appointed under subsection (d).
11    "Federal Act" means the federal Rehabilitation Act of
121973, as amended.
13    "Individual with a disability" means any individual who
14has a physical or mental impairment that substantially limits
15a major life activity, has a record of such an impairment, or
16is regarded as having such an impairment.
17    "Individual with a significant disability" means an
18individual with a significant physical or mental impairment,
19whose ability to function independently in the family or
20community or whose ability to obtain, maintain, or advance in
21employment is substantially limited and for whom the delivery
22of independent living services will improve the ability to
23function, continue functioning, or move toward functioning
24independently in the family or community or to continue in
25employment.
26    "State Plan for Independent Living plan" means the

 

 

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1materials submitted by the Statewide Independent Living
2Council, after receiving the approval of the Department, to
3the Administrator based on federally prescribed timeframes
4Department to the Commissioner on an annual basis that contain
5the State's proposal for:
6        (1) The provision of statewide independent living
7    services.
8        (2) The development and support of a statewide network
9    of centers for independent living.
10        (3) Working relationships between (i) programs
11    providing independent living services and independent
12    living centers and (ii) the vocational rehabilitation
13    program administered by the Department under the federal
14    Act and other programs providing services for individuals
15    with disabilities.
16    (c) Authority. The unit of the Department headed by the
17Director, or his or her designee, vocational rehabilitation
18administrator shall be designated the State unit under Title
19VII of the federal Act and shall have the following
20responsibilities:
21        (1) To receive, account for, and disburse funds
22    received by the State under the federal Act based on the
23    State Plan for Independent Living plan.
24        (2) To provide administrative support services to
25    centers for independent living programs.
26        (3) To keep records, and take such actions with

 

 

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1    respect to those records, as the Administrator
2    Commissioner finds to be necessary with respect to the
3    programs.
4        (4) To submit additional information or provide
5    assurances the Administrator Commissioner may require with
6    respect to the programs.
7The vocational rehabilitation administrator and the
8Chairperson of the Council is are responsible for jointly
9developing and signing the State Plan for Independent Living
10plan required by Section 704 of the federal Act. The Director,
11or his or her designee, is responsible for approving the State
12Plan for Independent Living prior to its submission to the
13Administrator. The State Plan for Independent Living plan
14shall conform to the requirements of Section 704 of the
15federal Act.
16    (d) Statewide Independent Living Council.
17    The Governor shall appoint a Statewide Independent Living
18Council, comprised of 18 members, which shall be established
19as an entity separate and distinct from the Department. The
20composition of the Council shall include the following:
21        (1) At least one director of a center for independent
22    living chosen by the directors of centers for independent
23    living within the State.
24        (2) A representative from the unit of the Department
25    of Human Services responsible for the administration of
26    the vocational rehabilitation program and a representative

 

 

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1    from another unit in the Department of Human Services that
2    provides services for individuals with disabilities and a
3    representative each from the Department on Aging, the
4    State Board of Education, and the Department of Children
5    and Family Services, all as ex officio, nonvoting
6    ex-officio, non-voting members who shall not be counted in
7    the 18 members appointed by the Governor.
8    In addition, the Council may include the following:
9        (A) One or more representatives of centers for
10    independent living.
11        (B) One or more parents or guardians of individuals
12    with disabilities.
13        (C) One or more advocates for individuals with
14    disabilities.
15        (D) One or more representatives of private business.
16        (E) One or more representatives of organizations that
17    provide services for individuals with disabilities.
18        (F) Other appropriate individuals.
19    After soliciting recommendations from organizations
20representing a broad range of individuals with disabilities
21and organizations interested in individuals with disabilities,
22the Governor shall appoint members of the Council for terms
23beginning July 1, 1993. The Council shall be composed of
24members (i) who provide statewide representation; (ii) who
25represent a broad range of individuals with disabilities from
26diverse backgrounds; (iii) who are knowledgeable about centers

 

 

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1for independent living and independent living services; and
2(iv) a majority of whom are persons who are individuals with
3disabilities and are not employed by any State agency or
4center for independent living.
5    The council shall elect a chairperson from among its
6voting membership.
7    Each member of the Council shall serve for terms of 3
8years, except that (i) a member appointed to fill a vacancy
9occurring before the expiration of the term for which the
10predecessor was appointed shall be appointed for the remainder
11of that term and (ii) terms of the members initially appointed
12after the effective date of this amendatory Act of 1993 shall
13be as follows: 6 of the initial members shall be appointed for
14terms of one year, 6 shall be appointed for terms of 2 years,
15and 6 shall be appointed for terms of 3 years. No member of the
16council may serve more than 2 consecutive full terms.
17    Appointments to fill vacancies in unexpired terms and new
18terms shall be filled by the Governor or by the Council if the
19Governor delegates that power to the Council by executive
20order. The vacancy shall not affect the power of the remaining
21members to execute the powers and duties of the Council. The
22Council shall have the duties enumerated in subsections (c),
23(d), and (e) of Section 705 of the federal Act.
24    Members shall be reimbursed for their actual expenses
25incurred in the performance of their duties, including
26expenses for travel, child care, and personal assistance

 

 

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1services, and a member who is not employed or who must forfeit
2wages from other employment shall be paid reasonable
3compensation for each day the member is engaged in performing
4the duties of the Council. The reimbursement or compensation
5shall be paid from moneys made available to the Department
6under Part B of Title VII of the federal Act.
7    In addition to the powers and duties granted to advisory
8boards by Section 5-505 of the Departments of State Government
9Law (20 ILCS 5/5-505), the Council shall have the authority to
10appoint jointly with the vocational rehabilitation
11administrator a peer review committee to consider and make
12recommendations for grants to eligible centers for independent
13living.
14    (e) Grants to centers for independent living. Each center
15for independent living that receives assistance from the
16Department under this Section shall comply with the standards
17and provide and comply with the assurances that are set forth
18in the State plan and consistent with Section 725 of the
19federal Act. Each center for independent living receiving
20financial assistance from the Department shall provide
21satisfactory assurances at the time and in the manner the
22Director, or his or her designee, requires. Centers for
23independent living receiving financial assistance from the
24Department shall comply with grant making provisions outlined
25in State and federal law, and with the requirements of their
26respective grant contracts. vocational rehabilitation

 

 

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1administrator requires.
2    Beginning October 1, 1994, the Director, or his or her
3designee, vocational rehabilitation administrator may award
4grants to any eligible center for independent living that is
5receiving funds under Title VII of the federal Act, unless the
6Director, or his or her designee, vocational rehabilitation
7administrator makes a finding that the center for independent
8living fails to comply with the standards and assurances set
9forth in Section 725 of the federal Act.
10    If there is no center for independent living serving a
11region of the State or the region is underserved, and the State
12receives a federal increase in its allotment sufficient to
13support one or more additional centers for independent living
14in the State, the Director, or his or her designee, vocational
15rehabilitation administrator may award a grant under this
16subsection to one or more eligible agencies, consistent with
17the provisions of the State plan setting forth the design of
18the State for establishing a statewide network for centers for
19independent living.
20    In selecting from among eligible agencies in awarding a
21grant under this subsection for a new center for independent
22living, the Director, or his or her designee, vocational
23rehabilitation administrator and the chairperson of (or other
24individual designated by) the Council acting on behalf of and
25at the direction of the Council shall jointly appoint a peer
26review committee that shall rank applications in accordance

 

 

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

 

 

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1the actions of the committee are consistent with federal and
2State law.
3    (f) Evaluation and review. The Director, or his or her
4designee, vocational rehabilitation administrator shall
5periodically review each center for independent living that
6receives funds from the Department under Title VII of the
7federal Act, or moneys appropriated from the General Revenue
8Fund, to determine whether the center is in compliance with
9the standards and assurances set forth in Section 725 of the
10federal Act, other applicable State and federal laws, and the
11provisions of the grant contract. If the Director, or his or
12her designee, vocational rehabilitation administrator
13determines that any center receiving those federal or State
14funds is not in compliance with the standards and assurances
15set forth in Section 725, the Director, or his or her designee,
16vocational rehabilitation administrator shall immediately
17notify the center that it is out of compliance. The Director,
18or his or her designee, shall recommend to the Secretary, or
19his or her designee, that all funding to that center be
20terminated vocational rehabilitation administrator shall
21terminate all funds to that center 90 days after the date of
22notification or, in the case of a center that requests an
23appeal, the date of any final decision, unless the center
24submits a plan to achieve compliance within 90 days and that
25plan is approved by the Director, or his or her designee,
26vocational rehabilitation administrator or (if on appeal) by

 

 

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1the Secretary, or his or her designee Commissioner.
2(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
392-16, eff. 6-28-01.)
 
4    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)
5    Sec. 13a. (a) The Department shall be responsible for
6coordinating the establishment of local Transition Planning
7Committees. Members of the committees shall consist of
8representatives from special education; vocational and regular
9education; post-secondary education; parents of youth with
10disabilities; persons with disabilities; local business or
11industry; the Department of Human Services; public and private
12adult service providers; case coordination; and other
13consumer, school, and adult services as appropriate. The
14Committee shall elect a chair and shall meet at least
15quarterly. Each Transition Planning Committee shall:
16        (1) identify current transition services, programs,
17    and funding sources provided within the community for
18    secondary and post-secondary aged youth with disabilities
19    and their families as well as the development of
20    strategies to address unmet needs;
21        (2) facilitate the development of transition
22    interagency teams to address present and future transition
23    needs of individual students on their individual education
24    plans;
25        (3) develop a mission statement that emphasizes the

 

 

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1    goals of integration and participation in all aspects of
2    community life for persons with disabilities;
3        (4) provide for the exchange of information such as
4    appropriate data, effectiveness studies, special projects,
5    exemplary programs, and creative funding of programs;
6        (5) develop consumer in-service and awareness training
7    programs in the local community; and
8        (6) assist in staff training for individual transition
9    planning and student transition needs assessment.
10    (b) Each Transition Planning Committee shall select a
11chair from among its members who shall serve for a term of one
12year. Each committee shall meet at least quarterly, or at such
13other times at the call of the chair.
14    (c) (Blank). Each Transition Planning Committee shall
15annually prepare and submit to the Interagency Coordinating
16Council a report which assesses the level of currently
17available services in the community as well as the level of
18unmet needs of secondary students with disabilities, makes
19recommendations to address unmet needs, and summarizes the
20steps taken to address unmet needs based on the
21recommendations made in previous reports.
22    (d) The name and affiliation of each local Transition
23Planning Committee member and the annual report required under
24subsection (c) of this Section shall be filed with the
25administrative office of each school district served by the
26local Transition Planning Committee, be made available to the

 

 

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1public upon request, and be sent to each member of the General
2Assembly whose district encompasses the area served by the
3Transition Planning Committee.
4(Source: P.A. 92-452, eff. 8-21-01.)
 
5    (20 ILCS 2405/12 rep.)
6    Section 10. The Rehabilitation of Persons with
7Disabilities Act is amended by repealing Section 12.
 
8    (20 ILCS 2407/Art. 4 rep.)
9    Section 15. The Disabilities Services Act of 2003 is
10amended by repealing Article 4.
 
11    Section 20. The School Code is amended by changing Section
1214-8.02 as follows:
 
13    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
14    Sec. 14-8.02. Identification, evaluation, and placement of
15children.
16    (a) The State Board of Education shall make rules under
17which local school boards shall determine the eligibility of
18children to receive special education. Such rules shall ensure
19that a free appropriate public education be available to all
20children with disabilities as defined in Section 14-1.02. The
21State Board of Education shall require local school districts
22to administer non-discriminatory procedures or tests to

 

 

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1English learners coming from homes in which a language other
2than English is used to determine their eligibility to receive
3special education. The placement of low English proficiency
4students in special education programs and facilities shall be
5made in accordance with the test results reflecting the
6student's linguistic, cultural and special education needs.
7For purposes of determining the eligibility of children the
8State Board of Education shall include in the rules
9definitions of "case study", "staff conference",
10"individualized educational program", and "qualified
11specialist" appropriate to each category of children with
12disabilities as defined in this Article. For purposes of
13determining the eligibility of children from homes in which a
14language other than English is used, the State Board of
15Education shall include in the rules definitions for
16"qualified bilingual specialists" and "linguistically and
17culturally appropriate individualized educational programs".
18For purposes of this Section, as well as Sections 14-8.02a,
1914-8.02b, and 14-8.02c of this Code, "parent" means a parent
20as defined in the federal Individuals with Disabilities
21Education Act (20 U.S.C. 1401(23)).
22    (b) No child shall be eligible for special education
23facilities except with a carefully completed case study fully
24reviewed by professional personnel in a multidisciplinary
25staff conference and only upon the recommendation of qualified
26specialists or a qualified bilingual specialist, if available.

 

 

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

 

 

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

 

 

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1parent disagrees with the findings of the evaluation, then the
2school district may initiate an impartial due process hearing
3under this Section. The school district may evaluate the child
4if that is the decision resulting from the impartial due
5process hearing and the decision is not appealed or if the
6decision is affirmed on appeal. The determination of
7eligibility shall be made and the IEP meeting shall be
8completed within 60 school days from the date of written
9parental consent. In those instances when written parental
10consent is obtained with fewer than 60 pupil attendance days
11left in the school year, the eligibility determination shall
12be made and the IEP meeting shall be completed prior to the
13first day of the following school year. Special education and
14related services must be provided in accordance with the
15student's IEP no later than 10 school attendance days after
16notice is provided to the parents pursuant to Section 300.503
17of Title 34 of the Code of Federal Regulations and
18implementing rules adopted by the State Board of Education.
19The appropriate program pursuant to the individualized
20educational program of students whose native tongue is a
21language other than English shall reflect the special
22education, cultural and linguistic needs. No later than
23September 1, 1993, the State Board of Education shall
24establish standards for the development, implementation and
25monitoring of appropriate bilingual special individualized
26educational programs. The State Board of Education shall

 

 

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1further incorporate appropriate monitoring procedures to
2verify implementation of these standards. The district shall
3indicate to the parent and the State Board of Education the
4nature of the services the child will receive for the regular
5school term while waiting placement in the appropriate special
6education class. At the child's initial IEP meeting and at
7each annual review meeting, the child's IEP team shall provide
8the child's parent or guardian with a written notification
9that informs the parent or guardian that the IEP team is
10required to consider whether the child requires assistive
11technology in order to receive free, appropriate public
12education. The notification must also include a toll-free
13telephone number and internet address for the State's
14assistive technology program.
15    If the child is deaf, hard of hearing, blind, or visually
16impaired or has an orthopedic impairment or physical
17disability and he or she might be eligible to receive services
18from the Illinois School for the Deaf, or the Illinois School
19for the Visually Impaired, or the Illinois Center for
20Rehabilitation and Education-Roosevelt, the school district
21shall notify the parents, in writing, of the existence of
22these schools and the services they provide and shall make a
23reasonable effort to inform the parents of the existence of
24other, local schools that provide similar services and the
25services that these other schools provide. This notification
26shall include without limitation information on school

 

 

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1services, school admissions criteria, and school contact
2information.
3    In the development of the individualized education program
4for a student who has a disability on the autism spectrum
5(which includes autistic disorder, Asperger's disorder,
6pervasive developmental disorder not otherwise specified,
7childhood disintegrative disorder, and Rett Syndrome, as
8defined in the Diagnostic and Statistical Manual of Mental
9Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
10consider all of the following factors:
11        (1) The verbal and nonverbal communication needs of
12    the child.
13        (2) The need to develop social interaction skills and
14    proficiencies.
15        (3) The needs resulting from the child's unusual
16    responses to sensory experiences.
17        (4) The needs resulting from resistance to
18    environmental change or change in daily routines.
19        (5) The needs resulting from engagement in repetitive
20    activities and stereotyped movements.
21        (6) The need for any positive behavioral
22    interventions, strategies, and supports to address any
23    behavioral difficulties resulting from autism spectrum
24    disorder.
25        (7) Other needs resulting from the child's disability
26    that impact progress in the general curriculum, including

 

 

HB0452 Enrolled- 42 -LRB102 12132 KTG 17469 b

1    social and emotional development.
2Public Act 95-257 does not create any new entitlement to a
3service, program, or benefit, but must not affect any
4entitlement to a service, program, or benefit created by any
5other law.
6    If the student may be eligible to participate in the
7Home-Based Support Services Program for Adults with Mental
8Disabilities authorized under the Developmental Disability and
9Mental Disability Services Act upon becoming an adult, the
10student's individualized education program shall include plans
11for (i) determining the student's eligibility for those
12home-based services, (ii) enrolling the student in the program
13of home-based services, and (iii) developing a plan for the
14student's most effective use of the home-based services after
15the student becomes an adult and no longer receives special
16educational services under this Article. The plans developed
17under this paragraph shall include specific actions to be
18taken by specified individuals, agencies, or officials.
19    (c) In the development of the individualized education
20program for a student who is functionally blind, it shall be
21presumed that proficiency in Braille reading and writing is
22essential for the student's satisfactory educational progress.
23For purposes of this subsection, the State Board of Education
24shall determine the criteria for a student to be classified as
25functionally blind. Students who are not currently identified
26as functionally blind who are also entitled to Braille

 

 

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1instruction include: (i) those whose vision loss is so severe
2that they are unable to read and write at a level comparable to
3their peers solely through the use of vision, and (ii) those
4who show evidence of progressive vision loss that may result
5in functional blindness. Each student who is functionally
6blind shall be entitled to Braille reading and writing
7instruction that is sufficient to enable the student to
8communicate with the same level of proficiency as other
9students of comparable ability. Instruction should be provided
10to the extent that the student is physically and cognitively
11able to use Braille. Braille instruction may be used in
12combination with other special education services appropriate
13to the student's educational needs. The assessment of each
14student who is functionally blind for the purpose of
15developing the student's individualized education program
16shall include documentation of the student's strengths and
17weaknesses in Braille skills. Each person assisting in the
18development of the individualized education program for a
19student who is functionally blind shall receive information
20describing the benefits of Braille instruction. The
21individualized education program for each student who is
22functionally blind shall specify the appropriate learning
23medium or media based on the assessment report.
24    (d) To the maximum extent appropriate, the placement shall
25provide the child with the opportunity to be educated with
26children who do not have a disability; provided that children

 

 

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

 

 

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1assigned to any class or program under this Article until he
2has been given, in the principal language used by the child and
3used in his home, tests reasonably related to his cultural
4environment. All testing and evaluation materials and
5procedures utilized for evaluation and placement shall not be
6linguistically, racially or culturally discriminatory.
7    (f) Nothing in this Article shall be construed to require
8any child to undergo any physical examination or medical
9treatment whose parents object thereto on the grounds that
10such examination or treatment conflicts with his religious
11beliefs.
12    (g) School boards or their designee shall provide to the
13parents of a child prior written notice of any decision (a)
14proposing to initiate or change, or (b) refusing to initiate
15or change, the identification, evaluation, or educational
16placement of the child or the provision of a free appropriate
17public education to their child, and the reasons therefor.
18Such written notification shall also inform the parent of the
19opportunity to present complaints with respect to any matter
20relating to the educational placement of the student, or the
21provision of a free appropriate public education and to have
22an impartial due process hearing on the complaint. The notice
23shall inform the parents in the parents' native language,
24unless it is clearly not feasible to do so, of their rights and
25all procedures available pursuant to this Act and the federal
26Individuals with Disabilities Education Improvement Act of

 

 

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12004 (Public Law 108-446); it shall be the responsibility of
2the State Superintendent to develop uniform notices setting
3forth the procedures available under this Act and the federal
4Individuals with Disabilities Education Improvement Act of
52004 (Public Law 108-446) to be used by all school boards. The
6notice shall also inform the parents of the availability upon
7request of a list of free or low-cost legal and other relevant
8services available locally to assist parents in initiating an
9impartial due process hearing. The State Superintendent shall
10revise the uniform notices required by this subsection (g) to
11reflect current law and procedures at least once every 2
12years. Any parent who is deaf, or does not normally
13communicate using spoken English, who participates in a
14meeting with a representative of a local educational agency
15for the purposes of developing an individualized educational
16program shall be entitled to the services of an interpreter.
17The State Board of Education must adopt rules to establish the
18criteria, standards, and competencies for a bilingual language
19interpreter who attends an individualized education program
20meeting under this subsection to assist a parent who has
21limited English proficiency.
22    (g-5) For purposes of this subsection (g-5), "qualified
23professional" means an individual who holds credentials to
24evaluate the child in the domain or domains for which an
25evaluation is sought or an intern working under the direct
26supervision of a qualified professional, including a master's

 

 

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

 

 

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

 

 

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1    current educational services, program, or placement or to
2    a proposed educational service, program, or placement.
3    (h) (Blank).
4    (i) (Blank).
5    (j) (Blank).
6    (k) (Blank).
7    (l) (Blank).
8    (m) (Blank).
9    (n) (Blank).
10    (o) (Blank).
11(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
12100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
13    Section 95. Illinois Compiled Statutes reassignment. The
14Legislative Reference Bureau shall reassign the following Act
15to the specified location in the Illinois Compiled Statutes
16and file appropriate documents with the Index Division of the
17Office of the Secretary of State in accordance with subsection
18(c) of Section 5.04 of the Legislative Reference Bureau Act:
19    Illinois Commission on Volunteerism and Community Service
20Act, reassigned from 20 ILCS 2330/ to 20 ILCS 1345/.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law, except that Sections 3 and 95 take effect
23January 1, 2022.