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

HB0452ham001 102ND GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 3/15/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 452

2    AMENDMENT NO. ______. Amend House Bill 452 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rehabilitation of Persons with
5Disabilities Act is amended by changing Sections 1b, 3, 5, 5a,
69, 10, 11, 12a, and 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

 

 

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1other appropriate services that which increase the
2opportunities for competitive integrated employment.
3    "Independent living" independent functioning or gainful
4employment; the term "comprehensive rehabilitation" means
5those services necessary and appropriate to support community
6living and independence.
7    "Director" for increasing the potential for independent
8living or gainful employment as applicable; the term
9"vocational rehabilitation administrator" means the head of
10the designated State unit within the Department responsible
11for administration of rehabilitation and independent living
12services provided for in this Act, including but not limited
13to the administration of the federal Rehabilitation Act of
141973, as amended by the Workforce Innovation and Opportunity
15Act. ; the term
16    "Department" means the Department of Human Services. ; and
17the term
18    "Secretary" means the Secretary of Human Services.
19(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
 
20    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
21    Sec. 3. Powers and duties. The Department shall have the
22powers and duties enumerated herein:
23        (a) To cooperate co-operate with the federal
24    government in the administration of the provisions of the
25    federal Rehabilitation Act of 1973, as amended by , of the

 

 

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

 

 

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

 

 

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

 

 

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1    other personal maintenance expenses of the persons, are
2    reasonably related to the standards established for care
3    in a group facility appropriate to their condition. These
4    non-institutional services, pilot projects or experimental
5    facilities may be provided as part of or in addition to
6    those authorized by federal law or those funded and
7    administered by the Illinois Department on Aging. The
8    Department shall set rates and fees for services in a fair
9    and equitable manner. Services identical to those offered
10    by the Department on Aging shall be paid at the same rate.
11        Except as otherwise provided in this paragraph,
12    personal assistants shall be paid at a rate negotiated
13    between the State and an exclusive representative of
14    personal assistants under a collective bargaining
15    agreement. In no case shall the Department pay personal
16    assistants an hourly wage that is less than the federal
17    minimum wage. Within 30 days after July 6, 2017 (the
18    effective date of Public Act 100-23), the hourly wage paid
19    to personal assistants and individual maintenance home
20    health workers shall be increased by $0.48 per hour.
21        Solely for the purposes of coverage under the Illinois
22    Public Labor Relations Act, personal assistants providing
23    services under the Department's Home Services Program
24    shall be considered to be public employees and the State
25    of Illinois shall be considered to be their employer as of
26    July 16, 2003 (the effective date of Public Act 93-204),

 

 

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

 

 

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

 

 

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

 

 

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1    spouse or other dependent, if no claims by other creditors
2    have been filed against the estate, or, if such claims
3    have been filed, they remain dormant for failure of
4    prosecution or failure of the claimant to compel
5    administration of the estate for the purpose of payment.
6    This paragraph shall not bar recovery from the estate of a
7    spouse, under Sections 1915 and 1924 of the Social
8    Security Act and Section 5-4 of the Illinois Public Aid
9    Code, who precedes a person receiving services under this
10    Section in death. All moneys for services paid to or in
11    behalf of the person under this Section shall be claimed
12    for recovery from the deceased spouse's estate.
13    "Homestead", as used in this paragraph, means the dwelling
14    house and contiguous real estate occupied by a surviving
15    spouse or relative, as defined by the rules and
16    regulations of the Department of Healthcare and Family
17    Services, regardless of the value of the property.
18        The Department shall submit an annual report on
19    programs and services provided under this Section. The
20    report shall be filed with the Governor and the General
21    Assembly on or before March 30 each year.
22        The requirement for reporting to the General Assembly
23    shall be satisfied by filing copies of the report as
24    required by Section 3.1 of the General Assembly
25    Organization Act, and filing additional copies with the
26    State Government Report Distribution Center for the

 

 

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1    General Assembly as required under paragraph (t) of
2    Section 7 of the State Library Act.
3        (g) To establish such subdivisions of the Department
4    as shall be desirable and assign to the various
5    subdivisions the responsibilities and duties placed upon
6    the Department by law.
7        (h) To cooperate and enter into any necessary
8    agreements with the Department of Employment Security for
9    the provision of job placement and job referral services
10    to clients of the Department, including job service
11    registration of such clients with Illinois Employment
12    Security offices and making job listings maintained by the
13    Department of Employment Security available to such
14    clients.
15        (i) To possess all powers reasonable and necessary for
16    the exercise and administration of the powers, duties and
17    responsibilities of the Department which are provided for
18    by law.
19        (j) (Blank).
20        (k) (Blank).
21        (l) To establish, operate, and maintain a Statewide
22    Housing Clearinghouse of information on available
23    government subsidized housing accessible to persons with
24    disabilities and available privately owned housing
25    accessible to persons with disabilities. The information
26    shall include, but not be limited to, the location, rental

 

 

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

 

 

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1(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
2100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
38-14-18; 100-1148, eff. 12-10-18.)
 
4    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
5    Sec. 5. The Department is authorized to receive such gifts
6or donations, either from public or private sources, as may be
7offered unconditionally or under such conditions related to
8the comprehensive vocational rehabilitation services,
9independent living services, and other community services and
10supports administered by the Director for habilitation and
11rehabilitation of persons with one or more disabilities, as in
12the judgment of the Department are proper and consistent with
13the provisions of this Act.
14(Source: P.A. 94-91, eff. 7-1-05.)
 
15    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
16    Sec. 5a. The State of Illinois does hereby (1) accept the
17provisions and benefits of the act of Congress entitled the
18Rehabilitation Act of 1973, as amended by the Workforce
19Innovation and Opportunity Act heretofore and hereafter
20amended, (2) designate the State Treasurer as custodian of all
21moneys received by the State from appropriations made by the
22Congress of the United States for comprehensive vocational
23rehabilitation services and related services for persons
24habilitation and rehabilitation of persons with one or more

 

 

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1disabilities, to be kept in a fund to be known as the
2Vocational Rehabilitation Fund, and authorize the State
3treasurer to make disbursements therefrom upon the order of
4the Department, and (3) empower and direct the Department to
5cooperate with the federal government in carrying out the
6provisions of the Rehabilitation Act of 1973, as amended by
7the Workforce Innovation and Opportunity Act.
8(Source: P.A. 88-500.)
 
9    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
10    Sec. 9. Whenever, in the course of its vocational
11rehabilitation program, rehabilitation and habilitation
12program, the Department has provided tools, equipment, initial
13stock or other supplies to a person with one or more
14disabilities to establish a business enterprise as a
15self-employed person, other than a business enterprise under
16the supervision and management of a non-profit agency, the
17Department may, in its discretion, convey title to such tools,
18equipment, initial stock or other supplies at any time after
19the expiration of 6 months after such items are provided to
20that person.
21(Source: P.A. 86-607.)
 
22    (20 ILCS 2405/10)  (from Ch. 23, par. 3441)
23    Sec. 10. Residential schools; visual and hearing
24disabilities.

 

 

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1    (a) The Department of Human Services shall operate
2residential schools for the education of children with visual
3and hearing disabilities who are unable to take advantage of
4the regular educational facilities provided in the community,
5and shall provide in connection therewith such academic,
6vocational, and related services as may be required. Children
7shall be eligible for admission to these schools only after
8proper diagnosis and evaluation, in accordance with procedures
9prescribed by the Department.
10    (a-5) The Superintendent of the Illinois School for the
11Deaf shall be the chief executive officer of, and shall be
12responsible for the day to day operations of, the School, and
13shall obtain educational and professional employees who are
14certified by the Illinois State Board of Education or licensed
15by the appropriate agency or entity to which licensing
16authority has been delegated, as well as all other employees
17of the School, subject to the provisions of the Personnel Code
18and any applicable collective bargaining agreement. The
19Superintendent shall be appointed by the Governor, by and with
20the advice and consent of the Senate. In the case of a vacancy
21in the office of Superintendent during the recess of the
22Senate, the Governor shall make a temporary appointment until
23the next meeting of the Senate, when the Governor shall
24nominate some person to fill the office, and any person so
25nominated who is confirmed by the Senate shall hold office
26during the remainder of the term and until his or her successor

 

 

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1is appointed and qualified. The Superintendent shall hold
2office (i) for a term expiring on June 30 of 2015, and every 4
3years thereafter and (ii) until the Superintendent's successor
4is appointed and qualified. The Superintendent shall devote
5his or her full time to the duties of the office, shall not
6serve in any other capacity during his or her term of office,
7and shall receive such compensation as the Governor shall
8determine. The Superintendent shall have an administrative
9certificate with a superintendent endorsement as provided for
10under Section 21-7.1 of the School Code, and shall have a
11degree in educational administration, together with at least
1210 years of experience in either deaf or hard of hearing
13education, the administration of deaf or hard of hearing
14education, or a combination of the 2. Preference shall be
15given to candidates with a degree in deaf education. The
16Superintendent must be fluent in American Sign Language
17degrees in both educational administration and deaf education,
18together with at least 15 years of experience in either deaf
19education, the administration of deaf education, or a
20combination of the 2.
21    (a-10) The Superintendent of the Illinois School for the
22Visually Impaired shall be the chief executive officer of, and
23shall be responsible for the day to day operations of, the
24School, and shall obtain educational and professional
25employees who are certified by the Illinois State Board of
26Education or licensed by the appropriate agency or entity to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1working with the Statewide Independent Living Council, shall
2develop a State Plan for Independent Living for approval by
3the Department and subsequent submission to the Administrator
4based on federally prescribed timeframes. plan for submission
5on an annual basis to the Commissioner. The Department shall
6adopt rules for implementing the State Plan for Independent
7Living plan in accordance with the federal Act, including
8rules adopted under the federal Act governing the award of
9grants.
10    (b) Definitions. As used in this Section, unless the
11context clearly requires otherwise:
12    "Administrator" means the Administrator of the
13Administration for Community Living in the United States
14Department of Health and Human Services.
15    "Federal Act" means the federal Rehabilitation Act of
161973, as amended.
17    "Center for independent living" means a consumer
18controlled, community based, cross-disability,
19non-residential, private non-profit agency that is designated
20and operated within a local community by individuals with
21disabilities and provides an array of independent living
22services.
23    "Consumer controlled" means that the center for
24independent living vests power and authority in individuals
25with disabilities and that at least 51% of the directors of the
26center are persons with one or more disabilities as defined by

 

 

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1this Act.
2    "Commissioner" means the Commissioner of the
3Rehabilitation Services Administration in the United States
4Department of Education.
5    "Council" means the Statewide Independent Living Council
6appointed under subsection (d).
7    "Federal Act" means the federal Rehabilitation Act of
81973, as amended.
9    "Individual with a disability" means any individual who
10has a physical or mental impairment that substantially limits
11a major life activity, has a record of such an impairment, or
12is regarded as having such an impairment.
13    "Individual with a significant disability" means an
14individual with a significant physical or mental impairment,
15whose ability to function independently in the family or
16community or whose ability to obtain, maintain, or advance in
17employment is substantially limited and for whom the delivery
18of independent living services will improve the ability to
19function, continue functioning, or move toward functioning
20independently in the family or community or to continue in
21employment.
22    "State Plan for Independent Living plan" means the
23materials submitted by the Statewide Independent Living
24Council, after receiving the approval of the Department, to
25the Administrator based on federally prescribed timeframes
26Department to the Commissioner on an annual basis that contain

 

 

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

 

 

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

 

 

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

 

 

10200HB0452ham001- 26 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 27 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 28 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 29 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 30 -LRB102 12132 KTG 22993 a

1periodically review each center for independent living that
2receives funds from the Department under Title VII of the
3federal Act, or moneys appropriated from the General Revenue
4Fund, to determine whether the center is in compliance with
5the standards and assurances set forth in Section 725 of the
6federal Act, other applicable State and federal laws, and the
7provisions of the grant contract. If the Director, or his or
8her designee, vocational rehabilitation administrator
9determines that any center receiving those federal or State
10funds is not in compliance with the standards and assurances
11set forth in Section 725, the Director, or his or her designee,
12vocational rehabilitation administrator shall immediately
13notify the center that it is out of compliance. The Director,
14or his or her designee, shall recommend to the Secretary, or
15his or her designee, that all funding to that center be
16terminated vocational rehabilitation administrator shall
17terminate all funds to that center 90 days after the date of
18notification or, in the case of a center that requests an
19appeal, the date of any final decision, unless the center
20submits a plan to achieve compliance within 90 days and that
21plan is approved by the Director, or his or her designee,
22vocational rehabilitation administrator or (if on appeal) by
23the Secretary, or his or her designee Commissioner.
24(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
2592-16, eff. 6-28-01.)
 

 

 

10200HB0452ham001- 31 -LRB102 12132 KTG 22993 a

1    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)
2    Sec. 13a. (a) The Department shall be responsible for
3coordinating the establishment of local Transition Planning
4Committees. Members of the committees shall consist of
5representatives from special education; vocational and regular
6education; post-secondary education; parents of youth with
7disabilities; persons with disabilities; local business or
8industry; the Department of Human Services; public and private
9adult service providers; case coordination; and other
10consumer, school, and adult services as appropriate. The
11Committee shall elect a chair and shall meet at least
12quarterly. Each Transition Planning Committee shall:
13        (1) identify current transition services, programs,
14    and funding sources provided within the community for
15    secondary and post-secondary aged youth with disabilities
16    and their families as well as the development of
17    strategies to address unmet needs;
18        (2) facilitate the development of transition
19    interagency teams to address present and future transition
20    needs of individual students on their individual education
21    plans;
22        (3) develop a mission statement that emphasizes the
23    goals of integration and participation in all aspects of
24    community life for persons with disabilities;
25        (4) provide for the exchange of information such as
26    appropriate data, effectiveness studies, special projects,

 

 

10200HB0452ham001- 32 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 33 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 34 -LRB102 12132 KTG 22993 a

1made in accordance with the test results reflecting the
2student's linguistic, cultural and special education needs.
3For purposes of determining the eligibility of children the
4State Board of Education shall include in the rules
5definitions of "case study", "staff conference",
6"individualized educational program", and "qualified
7specialist" appropriate to each category of children with
8disabilities as defined in this Article. For purposes of
9determining the eligibility of children from homes in which a
10language other than English is used, the State Board of
11Education shall include in the rules definitions for
12"qualified bilingual specialists" and "linguistically and
13culturally appropriate individualized educational programs".
14For purposes of this Section, as well as Sections 14-8.02a,
1514-8.02b, and 14-8.02c of this Code, "parent" means a parent
16as defined in the federal Individuals with Disabilities
17Education Act (20 U.S.C. 1401(23)).
18    (b) No child shall be eligible for special education
19facilities except with a carefully completed case study fully
20reviewed by professional personnel in a multidisciplinary
21staff conference and only upon the recommendation of qualified
22specialists or a qualified bilingual specialist, if available.
23At the conclusion of the multidisciplinary staff conference,
24the parent of the child shall be given a copy of the
25multidisciplinary conference summary report and
26recommendations, which includes options considered, and be

 

 

10200HB0452ham001- 35 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 36 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 37 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 38 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 39 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 40 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 41 -LRB102 12132 KTG 22993 a

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

 

 

10200HB0452ham001- 42 -LRB102 12132 KTG 22993 a

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

 

 

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1procedures utilized for evaluation and placement shall not be
2linguistically, racially or culturally discriminatory.
3    (f) Nothing in this Article shall be construed to require
4any child to undergo any physical examination or medical
5treatment whose parents object thereto on the grounds that
6such examination or treatment conflicts with his religious
7beliefs.
8    (g) School boards or their designee shall provide to the
9parents of a child prior written notice of any decision (a)
10proposing to initiate or change, or (b) refusing to initiate
11or change, the identification, evaluation, or educational
12placement of the child or the provision of a free appropriate
13public education to their child, and the reasons therefor.
14Such written notification shall also inform the parent of the
15opportunity to present complaints with respect to any matter
16relating to the educational placement of the student, or the
17provision of a free appropriate public education and to have
18an impartial due process hearing on the complaint. The notice
19shall inform the parents in the parents' native language,
20unless it is clearly not feasible to do so, of their rights and
21all procedures available pursuant to this Act and the federal
22Individuals with Disabilities Education Improvement Act of
232004 (Public Law 108-446); it shall be the responsibility of
24the State Superintendent to develop uniform notices setting
25forth the procedures available under this Act and the federal
26Individuals with Disabilities Education Improvement Act of

 

 

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

 

 

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

 

 

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

 

 

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1    (j) (Blank).
2    (k) (Blank).
3    (l) (Blank).
4    (m) (Blank).
5    (n) (Blank).
6    (o) (Blank).
7(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
8100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".