Full Text of SB1981 102nd General Assembly
SB1981sam001 102ND GENERAL ASSEMBLY | Sen. Laura Fine Filed: 3/17/2021
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| 1 | | AMENDMENT TO SENATE BILL 1981
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1981 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rehabilitation of Persons with | 5 | | Disabilities Act is amended by changing Sections 1b, 3, 5, 5a, | 6 | | 9, 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 | 9 | | Act : , the term | 10 | | " Person person with one or
more disabilities" means a any | 11 | | person who, by reason of a physical or mental
impairment, is or | 12 | | may be expected to require assistance to achieve be totally or | 13 | | partially incapacitated
for independent living or competitive | 14 | | integrated employment. | 15 | | "Vocational rehabilitation" gainful employment; the term | 16 | | "rehabilitation" or
"habilitation" means those vocational or |
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| 1 | | other appropriate services that which
increase the | 2 | | opportunities for competitive integrated employment. | 3 | | "Independent living" independent functioning or gainful
| 4 | | employment; the term "comprehensive rehabilitation" means | 5 | | those services
necessary and appropriate to support community | 6 | | living and independence. | 7 | | "Director" for increasing the potential for independent
| 8 | | living or gainful employment as applicable; the term | 9 | | "vocational
rehabilitation administrator" means the head of | 10 | | the designated State unit
within the Department responsible | 11 | | for administration of rehabilitation and independent living | 12 | | services
provided for in this Act, including but not limited | 13 | | to the administration of
the federal Rehabilitation Act of | 14 | | 1973, as amended by the Workforce Innovation and Opportunity | 15 | | Act. ; the term | 16 | | "Department" means the
Department of Human Services . ; and | 17 | | the 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 | 22 | | powers 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; | 2 | | 100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff. | 3 | | 8-14-18; 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 | 6 | | or
donations, either from public or private sources, as may be | 7 | | offered
unconditionally or under such conditions related to | 8 | | the comprehensive
vocational rehabilitation services, | 9 | | independent living services, and other community services and | 10 | | supports administered by the Director for habilitation and | 11 | | rehabilitation of
persons with one or more disabilities, as in | 12 | | the judgment of the
Department are proper and consistent with | 13 | | the 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 | 17 | | provisions and
benefits of the act of Congress entitled the | 18 | | Rehabilitation Act of 1973, as
amended by the Workforce | 19 | | Innovation and Opportunity Act heretofore and hereafter | 20 | | amended , (2) designate the State Treasurer as
custodian of all | 21 | | moneys received by the State from appropriations made by the
| 22 | | Congress of the United States for comprehensive vocational | 23 | | rehabilitation services and
related services for persons | 24 | | habilitation and rehabilitation of persons with one or more |
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| 1 | | disabilities, to be
kept in a fund to be known as the | 2 | | Vocational Rehabilitation Fund, and authorize
the State | 3 | | treasurer to make disbursements therefrom upon the order of | 4 | | the
Department, and (3) empower and direct the Department to | 5 | | cooperate with the
federal government in carrying out the | 6 | | provisions of the Rehabilitation Act of
1973 , as amended by | 7 | | the 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 | 11 | | rehabilitation program, rehabilitation and habilitation
| 12 | | program, the Department has provided tools, equipment, initial | 13 | | stock or
other supplies to a person with one or more | 14 | | disabilities to establish a
business enterprise as a | 15 | | self-employed person, other than a business
enterprise under | 16 | | the supervision and management of a non-profit agency, the
| 17 | | Department may, in its discretion, convey title to such tools, | 18 | | equipment,
initial stock or other supplies at any time after | 19 | | the expiration of 6
months after such items are provided to | 20 | | that 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 | 24 | | disabilities.
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| 1 | | (a) The Department of Human Services shall operate
| 2 | | residential schools for the education of children with visual | 3 | | and hearing
disabilities who are unable to take advantage of | 4 | | the regular educational
facilities provided in the community, | 5 | | and shall provide in connection
therewith such academic, | 6 | | vocational, and related services as may be
required. Children | 7 | | shall be eligible for admission to these schools only
after | 8 | | proper diagnosis and evaluation, in accordance with procedures
| 9 | | prescribed by the Department.
| 10 | | (a-5) The Superintendent of the Illinois School for the | 11 | | Deaf shall be the chief executive officer of, and shall be | 12 | | responsible for the day to day operations of, the School, and | 13 | | shall obtain educational and professional employees who are | 14 | | certified by the Illinois State Board of Education or licensed | 15 | | by the appropriate agency or entity to which licensing | 16 | | authority has been delegated, as well as all other employees | 17 | | of the School, subject to the provisions of the Personnel Code | 18 | | and any applicable collective bargaining agreement. The | 19 | | Superintendent shall be appointed by the Governor, by and with | 20 | | the advice and consent of the Senate. In the case of a vacancy | 21 | | in the office of Superintendent during the recess of the | 22 | | Senate, the Governor shall make a temporary appointment until | 23 | | the next meeting of the Senate, when the Governor shall | 24 | | nominate some person to fill the office, and any person so | 25 | | nominated who is confirmed by the Senate shall hold office | 26 | | during the remainder of the term and until his or her successor |
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| 1 | | is appointed and qualified. The Superintendent shall hold | 2 | | office (i) for a term expiring on June 30 of 2015, and every 4 | 3 | | years thereafter and (ii) until the Superintendent's successor | 4 | | is appointed and qualified. The Superintendent shall devote | 5 | | his or her full time to the duties of the office, shall not | 6 | | serve in any other capacity during his or her term of office, | 7 | | and shall receive such compensation as the Governor shall | 8 | | determine. The Superintendent shall have an administrative | 9 | | certificate with a superintendent endorsement as provided for | 10 | | under Section 21-7.1 of the School Code, and shall have a | 11 | | degree in educational administration, together with at least | 12 | | 10 years of experience in either deaf or hard of hearing | 13 | | education, the administration of deaf or hard of hearing | 14 | | education, or a combination of the 2. Preference shall be | 15 | | given to candidates with a degree in deaf education. The | 16 | | Superintendent must be fluent in American Sign Language | 17 | | degrees in both educational administration and deaf education, | 18 | | together with at least 15 years of experience in either deaf | 19 | | education, the administration of deaf education, or a | 20 | | combination of the 2 . | 21 | | (a-10) The Superintendent of the Illinois School for the | 22 | | Visually Impaired shall be the chief executive officer of, and | 23 | | shall be responsible for the day to day operations of, the | 24 | | School, and shall obtain educational and professional | 25 | | employees who are certified by the Illinois State Board of | 26 | | Education or licensed by the appropriate agency or entity to |
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| 1 | | which licensing authority has been delegated, as well as all | 2 | | other employees of the School, subject to the provisions of | 3 | | the Personnel Code and any applicable collective bargaining | 4 | | agreement. The Superintendent shall be appointed by the | 5 | | Governor, by and with the advice and consent of the Senate. In | 6 | | the case of a vacancy in the office of Superintendent during | 7 | | the recess of the Senate, the Governor shall make a temporary | 8 | | appointment until the next meeting of the Senate, when the | 9 | | Governor shall nominate some person to fill the office, and | 10 | | any person so nominated who is confirmed by the Senate shall | 11 | | hold office during the remainder of the term and until his or | 12 | | her successor is appointed and qualified. The Superintendent | 13 | | shall hold office (i) for a term expiring on June 30 of 2015, | 14 | | and every 4 years thereafter and (ii) until the | 15 | | Superintendent's successor is appointed and qualified. The | 16 | | Superintendent shall devote his or her full time to the duties | 17 | | of the office, shall not serve in any other capacity during his | 18 | | or her term of office, and shall receive such compensation as | 19 | | the Governor shall determine. The Superintendent shall have an | 20 | | administrative certificate with a superintendent endorsement | 21 | | as provided for under Section 21-7.1 of the School Code, and | 22 | | shall have a degree in educational administration, together | 23 | | with at least 10 years of experience in either blind or | 24 | | visually impaired education, the administration of blind or | 25 | | visually impaired education, or a combination of the 2. | 26 | | Preference shall be given to candidates with a degree in blind |
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| 1 | | or visually impaired education. degrees in both educational | 2 | | administration and blind or visually impaired education, | 3 | | together with at least 15 years of experience in either blind | 4 | | or visually impaired education, the administration of blind or | 5 | | visually impaired education, or a combination of the 2. | 6 | | (b) In administering the Illinois School for the Deaf, the | 7 | | Department
shall adopt an admission policy which permits day | 8 | | or residential
enrollment, when resources are sufficient, of | 9 | | children with hearing
disabilities who are able to take | 10 | | advantage of the regular educational
facilities provided in | 11 | | the community and thus unqualified for admission
under | 12 | | subsection (a). In doing so, the Department shall establish an
| 13 | | annual deadline by which shall be completed the enrollment of | 14 | | children
qualified under subsection (a) for admission to the | 15 | | Illinois School for the
Deaf. After the deadline, the Illinois | 16 | | School for the Deaf may enroll
other children with hearing | 17 | | disabilities at the request of their parents or
guardians if | 18 | | the Department determines there are sufficient resources to
| 19 | | meet their needs as well as the needs of children enrolled | 20 | | before the
deadline and children qualified under subsection | 21 | | (a) who may be enrolled
after the deadline on an emergency | 22 | | basis. The Department shall adopt any
rules and regulations | 23 | | necessary for the implementation of this subsection.
| 24 | | (c) In administering the Illinois School for the Visually | 25 | | Impaired, the
Department shall adopt an admission policy that | 26 | | permits day or residential
enrollment, when resources are |
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| 1 | | sufficient, of children with visual
disabilities who are able | 2 | | to take advantage of the regular educational
facilities | 3 | | provided in the community and thus unqualified for admission
| 4 | | under subsection (a). In doing so, the Department shall | 5 | | establish an
annual deadline by which the enrollment of | 6 | | children qualified under subsection
(a) for admission to the | 7 | | Illinois School for the Visually Impaired shall be
completed. | 8 | | After the deadline, the Illinois School for the Visually | 9 | | Impaired
may enroll other children with visual disabilities at | 10 | | the request of their parents
or guardians if the Department | 11 | | determines there are sufficient resources to
meet their needs | 12 | | as well as the needs of children enrolled before the deadline
| 13 | | and children qualified under subsection (a) who may be | 14 | | enrolled after the
deadline on an emergency basis. The | 15 | | Department shall adopt any rules and
regulations necessary for | 16 | | the 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. | 20 | | The
Department shall operate and maintain the Illinois
Center | 21 | | for Rehabilitation and Education for the care and education of
| 22 | | educable young adults children with one or more physical | 23 | | disabilities and provide in
connection therewith nursing and | 24 | | medical care and academic, occupational,
and related training | 25 | | to such young adults children .
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| 1 | | Any Illinois resident under the age of 22 21 years who is | 2 | | educable
but has such a severe physical disability as a result | 3 | | of cerebral
palsy, muscular dystrophy, spina bifida, or other | 4 | | cause that
he or she is unable to take advantage of the system | 5 | | of free education in the State
of Illinois, may be admitted to | 6 | | the Center or be entitled to services and
facilities provided | 7 | | hereunder. Young adults Children shall be admitted to the | 8 | | Center or
be eligible for such services and facilities only | 9 | | after diagnosis according
to procedures approved for this | 10 | | purpose. The Department may avail itself
of the services of | 11 | | other public or private agencies in determining any
young
| 12 | | adult's child's eligibility for admission to, or discharge | 13 | | from, the
Center.
| 14 | | The Department may call upon other agencies of the
State | 15 | | for such services as they are equipped to render in the care of | 16 | | young adults children
with one or more physical disabilities, | 17 | | and such agencies are instructed to
render those services | 18 | | which are consistent with their legal and
administrative | 19 | | responsibilities.
| 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 | 24 | | disabilities deserve a
high quality of life within their | 25 | | communities regardless of their
disabilities, the Department, |
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| 1 | | working with the Statewide Independent Living
Council , shall | 2 | | develop a State Plan for Independent Living for approval by | 3 | | the Department and subsequent submission to the Administrator | 4 | | based on federally prescribed timeframes. plan for submission | 5 | | on an annual basis to the
Commissioner. The Department shall | 6 | | adopt rules for implementing the State
Plan for Independent | 7 | | Living plan in accordance with the federal Act, including | 8 | | rules adopted under the
federal Act governing the award of | 9 | | grants.
| 10 | | (b) Definitions. As used in this Section, unless the | 11 | | context clearly
requires otherwise:
| 12 | | "Administrator" means the Administrator of the | 13 | | Administration for Community Living in the United States | 14 | | Department of Health and Human Services. | 15 | | "Federal Act" means the federal Rehabilitation
Act of | 16 | | 1973, as amended.
| 17 | | "Center for independent living" means a consumer | 18 | | controlled, community based,
cross-disability, | 19 | | non-residential, private non-profit agency that is designated
| 20 | | and operated within a local community by individuals with | 21 | | disabilities and
provides an array of independent living | 22 | | services.
| 23 | | "Consumer controlled" means that the center for | 24 | | independent living vests
power and authority in individuals | 25 | | with disabilities
and that at least 51% of the directors of the | 26 | | center are persons with one or
more disabilities as defined by |
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| 1 | | this Act.
| 2 | | "Commissioner" means the Commissioner of the | 3 | | Rehabilitation Services
Administration in the United States | 4 | | Department of Education.
| 5 | | "Council" means the Statewide Independent Living Council | 6 | | appointed under
subsection (d).
| 7 | | "Federal Act" means the federal Rehabilitation Act of | 8 | | 1973, as amended. | 9 | | "Individual with a disability" means any individual who | 10 | | has a physical or
mental impairment that substantially limits | 11 | | a major life activity, has a record
of such an impairment, or | 12 | | is regarded as having such an impairment.
| 13 | | "Individual with a
significant disability" means an | 14 | | individual with a significant
physical or mental impairment, | 15 | | whose ability to function independently in the
family or | 16 | | community or whose ability to obtain, maintain, or advance in
| 17 | | employment is substantially limited and for whom the delivery | 18 | | of independent
living services will improve the ability to | 19 | | function, continue functioning, or
move toward functioning | 20 | | independently in the family or community or to continue
in | 21 | | employment.
| 22 | | "State Plan for Independent Living plan " means the | 23 | | materials submitted by the Statewide Independent Living | 24 | | Council, after receiving the approval of the Department, to | 25 | | the Administrator based on federally prescribed timeframes | 26 | | Department to the
Commissioner on an annual basis that contain |
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| 1 | | the 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 | 13 | | Director, or his or her designee, vocational
rehabilitation | 14 | | administrator shall be designated the State unit under
Title | 15 | | VII of the federal Act and shall have the following | 16 | | responsibilities:
| 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.
| 3 | | The vocational rehabilitation administrator and the | 4 | | Chairperson of the Council
is are responsible for jointly | 5 | | developing and signing the State Plan for Independent Living | 6 | | plan required by
Section 704 of the federal Act. The Director, | 7 | | or his or her designee, is responsible for approving the State | 8 | | Plan for Independent Living prior to its submission to the | 9 | | Administrator. The State Plan for Independent Living plan | 10 | | shall conform to the
requirements of Section 704 of the | 11 | | federal Act.
| 12 | | (d) Statewide Independent Living Council.
| 13 | | The Governor shall appoint a Statewide Independent Living | 14 | | Council, comprised
of 18 members, which shall be established | 15 | | as an entity separate and distinct
from the Department. The | 16 | | composition 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 | 16 | | representing a broad
range of individuals
with disabilities | 17 | | and organizations interested in individuals with
disabilities, | 18 | | the Governor shall appoint members of the Council for terms
| 19 | | beginning July 1, 1993. The Council shall be composed of | 20 | | members (i) who
provide
statewide representation; (ii) who | 21 | | represent a broad range of individuals with
disabilities from | 22 | | diverse backgrounds;
(iii) who are knowledgeable about centers | 23 | | for independent living
and independent living services; and | 24 | | (iv) a majority of whom are persons who
are individuals with | 25 | | disabilities and are not employed by any State agency or
| 26 | | center for independent living.
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| 1 | | The council shall elect a chairperson from among its | 2 | | voting membership.
| 3 | | Each member of the Council shall serve for terms of 3 | 4 | | years, except that (i)
a member appointed to fill a vacancy | 5 | | occurring before the expiration of the
term for which the | 6 | | predecessor was appointed shall be appointed for the
remainder | 7 | | of that term and (ii) terms of the members initially appointed | 8 | | after
the effective date of this amendatory Act of 1993 shall | 9 | | be as follows: 6 of
the initial members shall be appointed for | 10 | | terms of one year, 6 shall be
appointed for terms of 2 years, | 11 | | and 6 shall be appointed for terms of 3 years.
No member of the | 12 | | council may serve more than 2 consecutive full terms.
| 13 | | Appointments to fill vacancies in unexpired terms and new | 14 | | terms shall be
filled by the Governor or by the Council if the | 15 | | Governor delegates that power
to the Council by executive | 16 | | order. The vacancy shall not affect the
power of the remaining | 17 | | members to execute the powers and duties of the
Council. The | 18 | | Council 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 | 21 | | incurred in the
performance of their duties, including | 22 | | expenses for travel, child care, and
personal assistance | 23 | | services, and a member who is not employed or who must
forfeit | 24 | | wages from other employment shall be paid reasonable | 25 | | compensation for
each day the member is engaged in performing | 26 | | the duties of the Council. The
reimbursement or compensation |
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| 1 | | shall be paid from moneys made available to the
Department | 2 | | under Part B of Title VII of the federal Act.
| 3 | | In addition to the powers and duties granted to advisory | 4 | | boards by Section
5-505 of the Departments of State Government | 5 | | Law (20 ILCS 5/5-505),
the Council shall have the
authority to | 6 | | appoint jointly with the vocational rehabilitation | 7 | | administrator
a peer review committee to consider and make | 8 | | recommendations for grants to
eligible centers for independent | 9 | | living.
| 10 | | (e) Grants to centers for independent living. Each center | 11 | | for independent
living that receives assistance from the | 12 | | Department under this Section shall
comply with the standards | 13 | | and provide and comply with the assurances that are
set forth | 14 | | in the State
plan and consistent with Section 725 of the | 15 | | federal Act. Each center for
independent living receiving | 16 | | financial assistance from the Department shall
provide | 17 | | satisfactory assurances at the time and in the manner the | 18 | | Director, or his or her designee, requires. Centers for | 19 | | independent living receiving financial assistance from the | 20 | | Department shall comply with grant making provisions outlined | 21 | | in State and federal law, and with the requirements of their | 22 | | respective grant contracts. vocational
rehabilitation | 23 | | administrator requires.
| 24 | | Beginning October 1, 1994, the Director, or his or her | 25 | | designee, vocational rehabilitation administrator may
award | 26 | | grants to any eligible center for independent living that is |
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| 1 | | receiving
funds under Title VII of the federal Act, unless the | 2 | | Director, or his or her designee, vocational rehabilitation
| 3 | | administrator makes a finding that the center for independent | 4 | | living fails to
comply with the standards and assurances set | 5 | | forth in Section 725 of the
federal Act.
| 6 | | If there is no center for independent living serving a | 7 | | region of the State or
the region is underserved, and the State | 8 | | receives a federal increase in its
allotment sufficient to | 9 | | support one or more additional centers for independent
living | 10 | | in the State, the Director, or his or her designee, vocational | 11 | | rehabilitation administrator may award a
grant under this | 12 | | subsection to
one or more eligible agencies, consistent with | 13 | | the provisions of the State plan
setting forth the design of | 14 | | the State for establishing a statewide network for
centers for | 15 | | independent living.
| 16 | | In selecting from among eligible agencies in awarding a | 17 | | grant under this
subsection for a new center for independent | 18 | | living, the Director, or his or her designee, vocational
| 19 | | rehabilitation administrator and the
chairperson of (or other | 20 | | individual designated by) the Council acting on behalf
of and | 21 | | at the direction of the Council shall jointly appoint a peer | 22 | | review
committee that shall rank applications in accordance | 23 | | with the standards and
assurances set forth in Section 725 of | 24 | | the federal Act and criteria jointly
established by the | 25 | | Director, or his or her designee, vocational rehabilitation | 26 | | administrator
and the chairperson or designated individual. |
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| 1 | | The
peer review committee shall consider the ability of the | 2 | | applicant to operate a
center for independent living and shall | 3 | | recommend an applicant to receive a
grant under this | 4 | | subsection 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 | 21 | | rehabilitation administrator shall award the grant on the
| 22 | | basis of the recommendation of the peer review committee if | 23 | | the actions of the
committee are consistent with federal and | 24 | | State law.
| 25 | | (f) Evaluation and review. The Director, or his or her | 26 | | designee, vocational rehabilitation administrator
shall |
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| 1 | | periodically review each center for independent living that | 2 | | receives
funds from the Department under Title VII of the | 3 | | federal Act, or moneys
appropriated from the General Revenue | 4 | | Fund, to determine whether the center is
in compliance with | 5 | | the standards and assurances set forth in Section 725 of the
| 6 | | federal Act , other applicable State and federal laws, and the | 7 | | provisions of the grant contract . If the Director, or his or | 8 | | her designee, vocational rehabilitation administrator | 9 | | determines that
any center receiving those federal or State | 10 | | funds is not in compliance with the
standards and assurances | 11 | | set forth in Section 725 , the Director, or his or her designee, | 12 | | vocational
rehabilitation administrator shall immediately | 13 | | notify the center that it is out
of compliance. The Director, | 14 | | or his or her designee, shall recommend to the Secretary, or | 15 | | his or her designee, that all funding to that center be | 16 | | terminated vocational rehabilitation administrator shall | 17 | | terminate all
funds to that center 90 days after the date of | 18 | | notification or, in the case of
a center that requests an | 19 | | appeal, the date of any final decision, unless the
center | 20 | | submits a plan to achieve compliance within 90 days and that | 21 | | plan is
approved by the Director, or his or her designee, | 22 | | vocational rehabilitation administrator or (if on appeal) by
| 23 | | the Secretary, or his or her designee Commissioner .
| 24 | | (Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99; | 25 | | 92-16, eff.
6-28-01.)
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| 1 | | (20 ILCS 2405/13a) (from Ch. 23, par. 3444a)
| 2 | | Sec. 13a.
(a) The Department shall be responsible for | 3 | | coordinating
the establishment of local Transition Planning | 4 | | Committees. Members of the
committees shall consist of | 5 | | representatives from special education;
vocational and regular | 6 | | education; post-secondary education; parents of
youth with | 7 | | disabilities; persons with disabilities; local business or
| 8 | | industry; the Department of Human Services; public and
private | 9 | | adult service providers; case coordination; and other | 10 | | consumer, school,
and adult services as appropriate. The | 11 | | Committee shall elect a chair and shall
meet at least | 12 | | quarterly. 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, |
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| 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 | 7 | | chair from among
its members who shall serve for a term of one | 8 | | year. Each committee shall
meet at least quarterly, or at such | 9 | | other times at the call of the chair.
| 10 | | (c) (Blank). Each Transition Planning Committee shall | 11 | | annually prepare and submit
to the Interagency Coordinating | 12 | | Council a report which assesses
the level
of currently | 13 | | available services in the community as well as the level of
| 14 | | unmet needs of secondary students with disabilities, makes
| 15 | | recommendations to address unmet needs, and summarizes the | 16 | | steps
taken to address unmet needs based on the | 17 | | recommendations made in
previous reports.
| 18 | | (d) The name and affiliation of each local Transition | 19 | | Planning Committee
member and the annual report required
under | 20 | | subsection (c) of this Section shall be filed with the | 21 | | administrative
office of each school district served by the | 22 | | local
Transition Planning Committee, be made available to the | 23 | | public upon request,
and be sent to each
member of the General | 24 | | Assembly whose district encompasses the area
served by the | 25 | | Transition Planning Committee.
| 26 | | (Source: P.A. 92-452, eff. 8-21-01.)
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| 1 | | (20 ILCS 2405/12 rep.)
| 2 | | Section 10. The Rehabilitation of Persons with | 3 | | Disabilities Act is amended by repealing Section 12. | 4 | | (20 ILCS 2407/Art. 4 rep.) | 5 | | Section 15. The Disabilities Services Act of 2003 is | 6 | | amended by repealing Article 4. | 7 | | Section 20. The School Code is amended by changing Section | 8 | | 14-8.02 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 | 11 | | children.
| 12 | | (a) The State Board of Education shall make rules under | 13 | | which local school
boards shall determine the eligibility of | 14 | | children to receive special
education. Such rules shall ensure | 15 | | that a free appropriate public
education be available to all | 16 | | children with disabilities as
defined in
Section 14-1.02. The | 17 | | State Board of Education shall require local school
districts | 18 | | to administer non-discriminatory procedures or tests to
| 19 | | English learners coming from homes in which a language
other | 20 | | than English is used to determine their eligibility to receive | 21 | | special
education. The placement of low English proficiency | 22 | | students in special
education programs and facilities shall be |
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| 1 | | made in accordance with the test
results reflecting the | 2 | | student's linguistic, cultural and special education
needs. | 3 | | For purposes of determining the eligibility of children the | 4 | | State
Board of Education shall include in the rules | 5 | | definitions of "case study",
"staff conference", | 6 | | "individualized educational program", and "qualified
| 7 | | specialist" appropriate to each category of children with
| 8 | | disabilities as defined in
this Article. For purposes of | 9 | | determining the eligibility of children from
homes in which a | 10 | | language other than English is used, the State Board of
| 11 | | Education shall include in the rules
definitions for | 12 | | "qualified bilingual specialists" and "linguistically and
| 13 | | culturally appropriate individualized educational programs". | 14 | | For purposes of this
Section, as well as Sections 14-8.02a, | 15 | | 14-8.02b, and 14-8.02c of this Code,
"parent" means a parent | 16 | | as defined in the federal Individuals with Disabilities | 17 | | Education Act (20 U.S.C. 1401(23)).
| 18 | | (b) No child shall be eligible for special education | 19 | | facilities except
with a carefully completed case study fully | 20 | | reviewed by professional
personnel in a multidisciplinary | 21 | | staff conference and only upon the
recommendation of qualified | 22 | | specialists or a qualified bilingual specialist, if
available. | 23 | | At the conclusion of the multidisciplinary staff conference, | 24 | | the
parent of the child shall be given a copy of the | 25 | | multidisciplinary
conference summary report and | 26 | | recommendations, which includes options
considered, and be |
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| 1 | | informed of his or her their right to obtain an independent | 2 | | educational
evaluation if he or she disagrees they disagree | 3 | | with the evaluation findings conducted or obtained
by the | 4 | | school district. If the school district's evaluation is shown | 5 | | to be
inappropriate, the school district shall reimburse the | 6 | | parent for the cost of
the independent evaluation. The State | 7 | | Board of Education shall, with advice
from the State Advisory | 8 | | Council on Education of Children with
Disabilities on the
| 9 | | inclusion of specific independent educational evaluators, | 10 | | prepare a list of
suggested independent educational | 11 | | evaluators. The State Board of Education
shall include on the | 12 | | list clinical psychologists licensed pursuant to the
Clinical | 13 | | Psychologist Licensing Act. Such psychologists shall not be | 14 | | paid fees
in excess of the amount that would be received by a | 15 | | school psychologist for
performing the same services. The | 16 | | State Board of Education shall supply school
districts with | 17 | | such list and make the list available to parents at their
| 18 | | request. School districts shall make the list available to | 19 | | parents at the time
they are informed of their right to obtain | 20 | | an independent educational
evaluation. However, the school | 21 | | district may initiate an impartial
due process hearing under | 22 | | this Section within 5 days of any written parent
request for an | 23 | | independent educational evaluation to show that
its evaluation | 24 | | is appropriate. If the final decision is that the evaluation
| 25 | | is appropriate, the parent still has a right to an independent | 26 | | educational
evaluation, but not at public expense. An |
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| 1 | | independent educational
evaluation at public expense must be | 2 | | completed within 30 days of a parent
written request unless | 3 | | the school district initiates an
impartial due process hearing | 4 | | or the parent or school district
offers reasonable grounds to | 5 | | show that such 30-day 30 day time period should be
extended. If | 6 | | the due process hearing decision indicates that the parent is | 7 | | entitled to an independent educational evaluation, it must be
| 8 | | completed within 30 days of the decision unless the parent or
| 9 | | the school district offers reasonable grounds to show that | 10 | | such 30-day 30 day
period should be extended. If a parent | 11 | | disagrees with the summary report or
recommendations of the | 12 | | multidisciplinary conference or the findings of any
| 13 | | educational evaluation which results therefrom, the school
| 14 | | district shall not proceed with a placement based upon such | 15 | | evaluation and
the child shall remain in his or her regular | 16 | | classroom setting.
No child shall be eligible for admission to | 17 | | a
special class for children with a mental disability who are | 18 | | educable or for children with a mental disability who are | 19 | | trainable except with a psychological evaluation
and
| 20 | | recommendation by a school psychologist. Consent shall be | 21 | | obtained from
the parent of a child before any evaluation is | 22 | | conducted.
If consent is not given by the parent or if the | 23 | | parent disagrees with the findings of the evaluation, then the | 24 | | school
district may initiate an impartial due process hearing | 25 | | under this Section.
The school district may evaluate the child | 26 | | if that is the decision
resulting from the impartial due |
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| 1 | | process hearing and the decision is not
appealed or if the | 2 | | decision is affirmed on appeal.
The determination of | 3 | | eligibility shall be made and the IEP meeting shall be | 4 | | completed within 60 school days
from the date of written | 5 | | parental consent. In those instances when written parental | 6 | | consent is obtained with fewer than 60 pupil attendance days | 7 | | left in the school year,
the eligibility determination shall | 8 | | be made and the IEP meeting shall be completed prior to the | 9 | | first day of the
following school year. Special education and | 10 | | related services must be provided in accordance with the | 11 | | student's IEP no later than 10 school attendance days after | 12 | | notice is provided to the parents pursuant to Section 300.503 | 13 | | of Title 34 of the Code of Federal Regulations and | 14 | | implementing rules adopted by the State Board of Education. | 15 | | The appropriate
program pursuant to the individualized | 16 | | educational program of students
whose native tongue is a | 17 | | language other than English shall reflect the
special | 18 | | education, cultural and linguistic needs. No later than | 19 | | September
1, 1993, the State Board of Education shall | 20 | | establish standards for the
development, implementation and | 21 | | monitoring of appropriate bilingual special
individualized | 22 | | educational programs. The State Board of Education shall
| 23 | | further incorporate appropriate monitoring procedures to | 24 | | verify implementation
of these standards. The district shall | 25 | | indicate to the parent and
the State Board of Education the | 26 | | nature of the services the child will receive
for the regular |
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| 1 | | school term while waiting placement in the appropriate special
| 2 | | education class. At the child's initial IEP meeting and at | 3 | | each annual review meeting, the child's IEP team shall provide | 4 | | the child's parent or guardian with a written notification | 5 | | that informs the parent or guardian that the IEP team is | 6 | | required to consider whether the child requires assistive | 7 | | technology in order to receive free, appropriate public | 8 | | education. The notification must also include a toll-free | 9 | | telephone number and internet address for the State's | 10 | | assistive technology program.
| 11 | | If the child is deaf, hard of hearing, blind, or visually | 12 | | impaired or has an orthopedic impairment or physical | 13 | | disability and
he or she might be eligible to receive services | 14 | | from the Illinois School for
the Deaf , or the Illinois School | 15 | | for the Visually Impaired, or the Illinois Center for | 16 | | Rehabilitation and Education-Roosevelt, the school
district | 17 | | shall notify the parents, in writing, of the existence of
| 18 | | these schools
and the services
they provide and shall make a | 19 | | reasonable effort to inform the parents of the existence of | 20 | | other, local schools that provide similar services and the | 21 | | services that these other schools provide. This notification
| 22 | | shall
include without limitation information on school | 23 | | services, school
admissions criteria, and school contact | 24 | | information.
| 25 | | In the development of the individualized education program | 26 | | for a student who has a disability on the autism spectrum |
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| 1 | | (which includes autistic disorder, Asperger's disorder, | 2 | | pervasive developmental disorder not otherwise specified, | 3 | | childhood disintegrative disorder, and Rett Syndrome, as | 4 | | defined in the Diagnostic and Statistical Manual of Mental | 5 | | Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall | 6 | | consider 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. | 24 | | Public Act 95-257
does not create any new entitlement to a | 25 | | service, program, or benefit, but must not affect any | 26 | | entitlement to a service, program, or benefit created by any |
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| 1 | | other law.
| 2 | | If the student may be eligible to participate in the | 3 | | Home-Based Support
Services Program for Adults with Mental | 4 | | Disabilities authorized under the
Developmental Disability and | 5 | | Mental Disability Services Act upon becoming an
adult, the | 6 | | student's individualized education program shall include plans | 7 | | for
(i) determining the student's eligibility for those | 8 | | home-based services, (ii)
enrolling the student in the program | 9 | | of home-based services, and (iii)
developing a plan for the | 10 | | student's most effective use of the home-based
services after | 11 | | the student becomes an adult and no longer receives special
| 12 | | educational services under this Article. The plans developed | 13 | | under this
paragraph shall include specific actions to be | 14 | | taken by specified individuals,
agencies, or officials.
| 15 | | (c) In the development of the individualized education | 16 | | program for a
student who is functionally blind, it shall be | 17 | | presumed that proficiency in
Braille reading and writing is | 18 | | essential for the student's satisfactory
educational progress. | 19 | | For purposes of this subsection, the State Board of
Education | 20 | | shall determine the criteria for a student to be classified as
| 21 | | functionally blind. Students who are not currently identified | 22 | | as
functionally blind who are also entitled to Braille | 23 | | instruction include:
(i) those whose vision loss is so severe | 24 | | that they are unable to read and
write at a level comparable to | 25 | | their peers solely through the use of
vision, and (ii) those | 26 | | who show evidence of progressive vision loss that
may result |
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| 1 | | in functional blindness. Each student who is functionally | 2 | | blind
shall be entitled to Braille reading and writing | 3 | | instruction that is
sufficient to enable the student to | 4 | | communicate with the same level of
proficiency as other | 5 | | students of comparable ability. Instruction should be
provided | 6 | | to the extent that the student is physically and cognitively | 7 | | able
to use Braille. Braille instruction may be used in | 8 | | combination with other
special education services appropriate | 9 | | to the student's educational needs.
The assessment of each | 10 | | student who is functionally blind for the purpose of
| 11 | | developing the student's individualized education program | 12 | | shall include
documentation of the student's strengths and | 13 | | weaknesses in Braille skills.
Each person assisting in the | 14 | | development of the individualized education
program for a | 15 | | student who is functionally blind shall receive information
| 16 | | describing the benefits of Braille instruction. The | 17 | | individualized
education program for each student who is | 18 | | functionally blind shall
specify the appropriate learning | 19 | | medium or media based on the assessment
report.
| 20 | | (d) To the maximum extent appropriate, the placement shall | 21 | | provide the
child with the opportunity to be educated with | 22 | | children who do not have a disability; provided that children | 23 | | with
disabilities who are recommended to be
placed into | 24 | | regular education classrooms are provided with supplementary
| 25 | | services to assist the children with disabilities to benefit
| 26 | | from the regular
classroom instruction and are included on the |
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| 1 | | teacher's regular education class
register. Subject to the | 2 | | limitation of the preceding sentence, placement in
special | 3 | | classes, separate schools or other removal of the child with a | 4 | | disability
from the regular educational environment shall | 5 | | occur only when the nature of
the severity of the disability is | 6 | | such that education in the
regular classes with
the use of | 7 | | supplementary aids and services cannot be achieved | 8 | | satisfactorily.
The placement of English learners with | 9 | | disabilities shall
be in non-restrictive environments which | 10 | | provide for integration with
peers who do not have | 11 | | disabilities in bilingual classrooms. Annually, each January, | 12 | | school districts shall report data on students from | 13 | | non-English
speaking backgrounds receiving special education | 14 | | and related services in
public and private facilities as | 15 | | prescribed in Section 2-3.30. If there
is a disagreement | 16 | | between parties involved regarding the special education
| 17 | | placement of any child, either in-state or out-of-state, the | 18 | | placement is
subject to impartial due process procedures | 19 | | described in Article 10 of the
Rules and Regulations to Govern | 20 | | the Administration and Operation of Special
Education.
| 21 | | (e) No child who comes from a home in which a language | 22 | | other than English
is the principal language used may be | 23 | | assigned to any class or program
under this Article until he | 24 | | has been given, in the principal language
used by the child and | 25 | | used in his home, tests reasonably related to his
cultural | 26 | | environment. All testing and evaluation materials and |
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| 1 | | procedures
utilized for evaluation and placement shall not be | 2 | | linguistically, racially or
culturally discriminatory.
| 3 | | (f) Nothing in this Article shall be construed to require | 4 | | any child to
undergo any physical examination or medical | 5 | | treatment whose parents object thereto on the grounds that | 6 | | such examination or
treatment conflicts with his religious | 7 | | beliefs.
| 8 | | (g) School boards or their designee shall provide to the | 9 | | parents of a child prior written notice of any decision (a) | 10 | | proposing
to initiate or change, or (b) refusing to initiate | 11 | | or change, the
identification, evaluation, or educational | 12 | | placement of the child or the
provision of a free appropriate | 13 | | public education to their child, and the
reasons therefor. | 14 | | Such written notification shall also inform the
parent of the | 15 | | opportunity to present complaints with respect
to any matter | 16 | | relating to the educational placement of the student, or
the | 17 | | provision of a free appropriate public education and to have | 18 | | an
impartial due process hearing on the complaint. The notice | 19 | | shall inform
the parents in the parents' native language,
| 20 | | unless it is clearly not feasible to do so, of their rights and | 21 | | all
procedures available pursuant to this Act and the federal | 22 | | Individuals with Disabilities Education Improvement Act of | 23 | | 2004 (Public Law 108-446); it
shall be the responsibility of | 24 | | the State Superintendent to develop
uniform notices setting | 25 | | forth the procedures available under this Act
and the federal | 26 | | Individuals with Disabilities Education Improvement Act of |
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| 1 | | 2004 (Public Law 108-446) to be used by all school boards. The | 2 | | notice
shall also inform the parents of the availability upon
| 3 | | request of a list of free or low-cost legal and other relevant | 4 | | services
available locally to assist parents in initiating an
| 5 | | impartial due process hearing. The State Superintendent shall | 6 | | revise the uniform notices required by this subsection (g) to | 7 | | reflect current law and procedures at least once every 2 | 8 | | years. Any parent who is deaf, or
does not normally | 9 | | communicate using spoken English, who participates in
a | 10 | | meeting with a representative of a local educational agency | 11 | | for the
purposes of developing an individualized educational | 12 | | program shall be
entitled to the services of an interpreter. | 13 | | The State Board of Education must adopt rules to establish the | 14 | | criteria, standards, and competencies for a bilingual language | 15 | | interpreter who attends an individualized education program | 16 | | meeting under this subsection to assist a parent who has | 17 | | limited English proficiency.
| 18 | | (g-5) For purposes of this subsection (g-5), "qualified | 19 | | professional" means an individual who holds credentials to | 20 | | evaluate the child in the domain or domains for which an | 21 | | evaluation is sought or an intern working under the direct | 22 | | supervision of a qualified professional, including a master's | 23 | | or doctoral degree candidate. | 24 | | To ensure that a parent can participate fully and | 25 | | effectively with school personnel in the development of | 26 | | appropriate educational and related services for his or her |
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| 1 | | child, the parent, an independent educational evaluator, or a | 2 | | qualified professional retained by or on behalf of a parent or | 3 | | child must be afforded reasonable access to educational | 4 | | facilities, personnel, classrooms, and buildings and to the | 5 | | child as provided in this subsection (g-5). The requirements | 6 | | of this subsection (g-5) apply to any public school facility, | 7 | | building, or program and to any facility, building, or program | 8 | | supported in whole or in part by public funds. Prior to | 9 | | visiting a school, school building, or school facility, the | 10 | | parent, independent educational evaluator, or qualified | 11 | | professional may be required by the school district to inform | 12 | | the building principal or supervisor in writing of the | 13 | | proposed visit, the purpose of the visit, and the approximate | 14 | | duration of the visit. The visitor and the school district | 15 | | shall arrange the visit or visits at times that are mutually | 16 | | agreeable. Visitors shall comply with school safety, security, | 17 | | and visitation policies at all times. School district | 18 | | visitation policies must not conflict with this subsection | 19 | | (g-5). Visitors shall be required to comply with the | 20 | | requirements of applicable privacy laws, including those laws | 21 | | protecting the confidentiality of education records such as | 22 | | the federal Family Educational Rights and Privacy Act and the | 23 | | Illinois School Student Records Act. The visitor shall not | 24 | | disrupt 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; | 8 | | 100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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