SB3768 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3768

 

Introduced 2/9/2024, by Sen. Suzy Glowiak Hilton

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-11.02  from Ch. 122, par. 14-11.02

    Amends the Children with Disabilities Article of the School Code. Provides that the State Board of Education shall maintain and operate, or contract for (instead of being empowered to establish, maintain, and operate or contract for) the operation of a permanent statewide residential education facility (instead of statewide service center), known as the Philip J. Rock Center and School. Provides that the State Board of Education shall include a line item in its budget to pay the costs of operating and maintaining the Philip J. Rock Center and School. Limits the specified services provided by the Philip J. Rock Center and School to eligible deaf-blind persons of all ages to being subject to appropriated funding for those specified services. Makes changes concerning provided services. Provides that for the purposes of employment, the Philip J. Rock Center and School shall be considered its own employer. Provides that the State Board of Education shall appoint a Chief Administrator of the Philip J. Rock Center and School who shall be employed by the Philip J. Rock Center and School. Specifies the duties of the Chief Administrator. Sets forth provisions concerning a student with an individualized education program at the Philip J. Rock Center and School. Makes changes concerning the Advisory Board for the Philip J. Rock Center and School. Makes other changes.


LRB103 39303 RJT 69457 b

 

 

A BILL FOR

 

SB3768LRB103 39303 RJT 69457 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
514-11.02 as follows:
 
6    (105 ILCS 5/14-11.02)  (from Ch. 122, par. 14-11.02)
7    Sec. 14-11.02. The Phillip J. Rock Center and School for
8the Deaf-Blind. Notwithstanding any other Sections of this
9Article, the State Board of Education shall develop and
10operate or contract for the operation of a service center for
11persons who are deaf-blind.
12    (a) For the purpose of this Section, persons with
13deaf-blindness are persons who have both auditory and visual
14impairments, the combination of which causes such severe
15communication and other developmental, educational, vocational
16and rehabilitation problems that such persons cannot be
17properly accommodated in special education or vocational
18rehabilitation programs solely for persons with both hearing
19and visual disabilities.
20    (b) To be eligible for deaf-blind services under this
21Section, a person must have (i) a visual impairment and an
22auditory impairment, or (ii) a condition in which there is a
23progressive loss of hearing or vision or both that results in

 

 

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1concomitant vision and hearing impairments and that adversely
2affects educational performance as determined by the
3multidisciplinary conference. For purposes of this paragraph
4and Section:
5        (1) (A) A visual impairment shall have the same
6    meaning as in the federal Individuals With Disabilities
7    Education Act and its implementing regulations is defined
8    to mean one or more of the following: (i) corrected visual
9    acuity poorer than 20/70 in the better eye; (ii)
10    restricted visual field of 20 degrees or less in the
11    better eye; (iii) cortical blindness; (iv) does not appear
12    to respond to visual stimulation, which adversely affects
13    educational performance as determined by the
14    multidisciplinary conference.
15        (2) (B) An auditory impairment shall have the same
16    meaning as in the federal Individuals With Disabilities
17    Education Act and its implementing regulations is defined
18    to mean one or more of the following: (i) a sensorineural
19    or ongoing or chronic conductive hearing loss with aided
20    sensitivity of 30dB HL or poorer; (ii) functional auditory
21    behavior that is significantly discrepant from the
22    person's present cognitive and/or developmental levels,
23    which adversely affects educational performance as
24    determined by the multidisciplinary conference.
25    (c) Notwithstanding any other Sections of this Article,
26the The State Board of Education shall is empowered to

 

 

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1establish, maintain and operate, or contract for the operation
2of a permanent statewide residential education facility
3state-wide service center known as the Philip J. Rock Center
4and School. The School serves eligible children between the
5ages of 3 and 22. Subject to appropriations, the Philip J. Rock
6Center and School may provide additional services to 21; the
7Center serves eligible deaf-blind persons of all ages. The
8Philip J. Rock Center and School shall be located in the
9Chicago metropolitan area near public transportation. The
10State Board of Education shall include a line item in its
11budget to pay the costs of operating and maintaining the
12Philip J. Rock Center and School. If the Center is
13appropriated funding to serve eligible deaf-blind persons of
14all ages, services Services provided by the Center shall
15include, but are not limited to:
16        (1) identifying Identifying and providing case
17    management of individuals with combined vision and hearing
18    loss persons who are auditorily and visually impaired;
19        (2) providing Providing families with appropriate
20    information and dissemination counseling;
21        (3) providing information to Referring persons who are
22    deaf-blind to appropriate agencies for medical and
23    diagnostic services;
24        (4) referring Referring persons who are deaf-blind to
25    appropriate agencies for educational, rehabilitation, and
26    support training and care services;

 

 

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1        (5) developing Developing and expanding services
2    throughout the State to persons who are deaf-blind. This
3    will include ancillary services, such as transportation so
4    that the individuals can take advantage of the expanded
5    services;
6        (6) (blank); Maintaining a residential-educational
7    training facility in the Chicago metropolitan area located
8    in an area accessible to public transportation;
9        (7) (blank); Receiving, dispensing, and monitoring
10    State and Federal funds to the School and Center
11    designated for services to persons who are deaf-blind;
12        (8) coordinating Coordinating services to persons who
13    are deaf-blind through all appropriate agencies, including
14    the Department of Children and Family Services and the
15    Department of Human Services;
16        (9) entering Entering into contracts with other
17    agencies to provide services to persons who are
18    deaf-blind;
19        (10) (blank); Operating on a no-reject basis. Any
20    individual referred to the Center for service and
21    diagnosed as deaf-blind, as defined in this Act, shall
22    qualify for available services;
23        (11) serving Serving as the information referral
24    clearinghouse for all persons who are deaf-blind, age 21
25    and older; and
26        (12) (blank). Providing transition services for

 

 

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1    students of Philip J. Rock School who are deaf-blind and
2    between the ages of 14 1/2 and 21.
3    (d) For the purposes of employment, the Philip J. Rock
4Center and School shall be considered its own employer. The
5State Board of Education shall appoint a Chief Administrator
6of the Philip J. Rock Center and School who shall be employed
7by the Philip J. Rock Center and School and shall manage the
8daily operations of the residential educational facility. The
9Chief Administrator shall have the authority on behalf of the
10Philip J. Rock Center and School to:
11        (1) hire, evaluate, discipline, and terminate staff of
12    the Philip J. Rock Center and School;
13        (2) determine wages, benefits, and other conditions of
14    employment for all Philip J. Rock Center and School
15    employees;
16        (3) bargain with the exclusive bargaining
17    representative of the Philip J. Rock Center and School
18    employees;
19        (4) develop a budget to be submitted to the State
20    Board of Education for review and approval;
21        (5) contract for any professional, legal, and
22    educational services necessary for the operation of the
23    residential educational facility;
24        (6) make all decisions regarding the daily operations
25    of the residential educational facility; and
26        (7) perform any other duties as set forth in the

 

 

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1    employment contract for the Chief Administrator.
2    (e) If the State Board of Education contracts for the
3fiscal administration of the Philip J. Rock Center and School,
4then the contract shall be with a local school district,
5special education cooperative, or regional office of education
6that can serve as the fiscal agent for the Philip J. Rock
7Center and School. To the extent possible, the fiscal agent
8shall be in close geographic proximity to the Philip J. Rock
9Center and School.
10    (f) In accordance with a student's individualized
11education program, the Philip J. Rock Center and School shall
12make every attempt to provide a free appropriate public
13education pursuant to the federal Individuals with
14Disabilities Education Act of 2001 to a student placed in its
15residential educational facility either in its own program or
16within a local school district program that are appropriate to
17the child and contracted for by the Philip J. Rock Center and
18School. Through the individualized education program process
19with the student's resident school district, a student who
20resides at the Philip J. Rock Center and School may be placed
21in an alternate educational program by the student's
22individualized education program team. Educational placement
23and services shall be provided free of charge to the student's
24resident school district unless there is tuition associated
25with the educational placement and services. In the event the
26Philip J. Rock Center and School must pay tuition or for a

 

 

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1student's educational placement and services, such tuition or
2transportation shall be billed to the student's resident
3school district.
4    (g) The Advisory Board for Services for Persons who are
5Deaf-Blind shall provide advice to the State Superintendent of
6Education, the Governor, and the General Assembly on all
7matters pertaining to policy concerning persons who are
8deaf-blind, including the implementation of legislation
9enacted on their behalf.
10    The Regarding the maintenance, operation and education
11functions of the Philip J. Rock Center and School, the
12Advisory Board shall also make recommendations pertaining to
13but not limited to the following matters:
14        (1) existing Existing and proposed programs of all
15    State agencies that provide services for persons who are
16    deaf-blind;
17        (2) the The State program and financial plan for
18    deaf-blind services and the system of priorities to be
19    developed by the State Board of Education;
20        (3) standards Standards for services in facilities
21    serving persons who are deaf-blind;
22        (4) standards Standards and rates for State payments
23    for any services purchased for persons who are deaf-blind;
24        (5) services Services and research activities in the
25    field of deaf-blindness, including evaluation of services;
26    and

 

 

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1        (6) planning Planning for personnel or preparation
2    personnel/preparation, both preservice and inservice.
3    The Advisory Board shall consist of 3 persons appointed by
4the Governor; 2 persons appointed by the State Superintendent
5of Education; 4 persons appointed by the Secretary of Human
6Services; and 2 persons appointed by the Director of Children
7and Family Services. The 3 appointments of the Governor shall
8consist of a senior citizen 60 years of age or older, a
9consumer who is deaf-blind, and a parent of a person who is
10deaf-blind; provided that if any gubernatorial appointee
11serving on the Advisory Board on the effective date of this
12amendatory Act of 1991 is not either a senior citizen 60 years
13of age or older or a consumer who is deaf-blind or a parent of
14a person who is deaf-blind, then whenever that appointee's
15term of office expires or a vacancy in that appointee's office
16sooner occurs, the Governor shall make the appointment to fill
17that office or vacancy in a manner that will result, at the
18earliest possible time, in the Governor's appointments to the
19Advisory Board being comprised of one senior citizen 60 years
20of age or older, one consumer who is deaf-blind, and one parent
21of a person who is deaf-blind. One person designated by each
22agency other than the Department of Human Services may be an
23employee of that agency. Two persons appointed by the
24Secretary of Human Services may be employees of the Department
25of Human Services. The appointments of each appointing
26authority other than the Governor shall include at least one

 

 

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1parent of an individual who is deaf-blind or a person who is
2deaf-blind.
3    Vacancies in terms shall be filled by the original
4appointing authority. After the original terms, all terms
5shall be for 3 years.
6    Except for those members of the Advisory Board who are
7compensated for State service on a full-time basis, members
8shall be reimbursed for all actual expenses incurred in the
9performance of their duties. Each member who is not
10compensated for State service on a full-time basis shall be
11compensated at a rate of $50 per day which he spends on
12Advisory Board duties. The Advisory Board shall meet at least
132 4 times per year and not more than 12 times per year.
14    The State Board of Education Advisory Board shall provide
15support to the Advisory Board for its own organization.
16    Six members of the Advisory Board shall constitute a
17quorum. The affirmative vote of a majority of all members of
18the Advisory Board shall be necessary for any action taken by
19the Advisory Board.
20(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
2189-507, eff. 7-1-97.)