SB3768eng 103RD GENERAL ASSEMBLY

 


 
SB3768 EngrossedLRB103 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 Philip J. Rock Center and School for
8the Deafblind. 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 who are
13deafblind with deaf-blindness are (i) individuals with
14concomitant hearing and visual impairments, the combination of
15which causes such severe communication and other developmental
16and educational needs that they cannot be accommodated in
17special education programs solely for children with deafness
18or children with blindness, (ii) individuals with solely a
19hearing impairment, or (iii) individuals with solely a visual
20impairment persons who have both auditory and visual
21impairments, the combination of which causes such severe
22communication and other developmental, educational, vocational
23and rehabilitation problems that such persons cannot be

 

 

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1properly accommodated in special education or vocational
2rehabilitation programs solely for persons with both hearing
3and visual disabilities.
4    (b) To be eligible for deafblind deaf-blind services under
5this Section, a person must have (i) a visual impairment, a
6hearing and an auditory impairment, or both or (ii) a
7condition in which there is a progressive loss of hearing, or
8vision, or both that results in concomitant vision and hearing
9impairments and that adversely affects educational performance
10as determined by the multidisciplinary conference. For
11purposes of this paragraph and Section:
12        (1) (A) A visual impairment shall have the same
13    meaning as in the federal Individuals With Disabilities
14    Education Act and its implementing regulations is defined
15    to mean one or more of the following: (i) corrected visual
16    acuity poorer than 20/70 in the better eye; (ii)
17    restricted visual field of 20 degrees or less in the
18    better eye; (iii) cortical blindness; (iv) does not appear
19    to respond to visual stimulation, which adversely affects
20    educational performance as determined by the
21    multidisciplinary conference.
22        (2) A hearing (B) An auditory impairment shall have
23    the same meaning as in the federal Individuals With
24    Disabilities Education Act and its implementing
25    regulations is defined to mean one or more of the
26    following: (i) a sensorineural or ongoing or chronic

 

 

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1    conductive hearing loss with aided sensitivity of 30dB HL
2    or poorer; (ii) functional auditory behavior that is
3    significantly discrepant from the person's present
4    cognitive and/or developmental levels, which adversely
5    affects educational performance as determined by the
6    multidisciplinary conference.
7    (c) Notwithstanding any other provision of Article 14, the
8The State Board of Education shall is empowered to establish,
9maintain and operate or contract for the operation of a
10permanent, statewide, residential education facility
11state-wide service center known as the Philip J. Rock Center
12and School that services . The School serves eligible students
13children between the ages of 3 and 21, unless a student's 22nd
14birthday occurs during the school year, in which case the
15student is eligible for such services through the end of the
16school year. Subject to appropriation, the Philip J. Rock
17Center and School may provide additional services to 21; the
18Center serves eligible deafblind persons of all ages. The
19State Board of Education shall include a line item in its
20budget to pay the costs of operating and maintaining the
21Philip J. Rock Center and School. If the Center and School
22receives appropriated funding to serve eligible deafblind
23persons of all ages, services Services provided by the Center
24and School shall include, but are not limited to:
25        (1) identifying Identifying and providing case
26    management of individuals with combined vision and hearing

 

 

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1    loss persons who are auditorily and visually impaired;
2        (2) providing Providing families with appropriate
3    information and dissemination of information counseling;
4        (3) providing information to Referring persons who are
5    deafblind about the deaf-blind to appropriate agencies for
6    medical and diagnostic services;
7        (4) referring Referring persons who are deafblind
8    deaf-blind to appropriate agencies for educational,
9    rehabilitation, and support training and care services;
10        (5) developing Developing and expanding services
11    throughout the State to persons who are deafblind
12    deaf-blind. This shall will include ancillary services,
13    such as transportation, so that these persons the
14    individuals can take advantage of the expanded services;
15        (6) maintaining Maintaining a residential-educational
16    training facility, with or without a day program, in the
17    Chicago metropolitan area located near in an area
18    accessible to public transportation;
19        (7) (blank); Receiving, dispensing, and monitoring
20    State and Federal funds to the School and Center
21    designated for services to persons who are deaf-blind;
22        (8) coordinating Coordinating services to persons who
23    are deafblind deaf-blind through all appropriate agencies,
24    including the Department of Children and Family Services
25    and the Department of Human Services;
26        (9) entering Entering into contracts with other

 

 

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1    agencies to provide services to persons who are deafblind
2    deaf-blind;
3        (10) (blank); Operating on a no-reject basis. Any
4    individual referred to the Center for service and
5    diagnosed as deaf-blind, as defined in this Act, shall
6    qualify for available services;
7        (11) serving Serving as the information referral
8    clearinghouse for all persons who are deafblind
9    deaf-blind, age 21 and older; and
10        (12) (blank). Providing transition services for
11    students of Philip J. Rock School who are deaf-blind and
12    between the ages of 14 1/2 and 21.
13    (d) For the purposes of employment, the Philip J. Rock
14Center and School shall be considered its own employer. The
15State Board of Education shall appoint a chief administrator
16of the Philip J. Rock Center and School, who shall be employed
17by the Center and School and shall manage the daily operations
18of the Center and School. The chief administrator shall have
19the authority on behalf of the Center and School to:
20        (1) hire, evaluate, discipline, and terminate staff of
21    the Center and School;
22        (2) determine wages, benefits, and other conditions of
23    employment for all Center and School employees;
24        (3) bargain with the exclusive bargaining
25    representative of the employees of the Center and School;
26        (4) develop a budget to be submitted to the State

 

 

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1    Board of Education for review and approval;
2        (5) contract for any professional, legal, and
3    educational services necessary for the operation of the
4    Center and School;
5        (6) make all decisions regarding the daily operations
6    of the Center and School; and
7        (7) perform any other duties as set forth in the
8    employment contract for the chief administrator.
9    (e) If the State Board of Education contracts for the
10fiscal administration of the Philip J. Rock Center and School,
11then the contract shall be with a school district, special
12education cooperative, or regional office of education that
13can serve as the fiscal agent for the Center and School. To the
14extent possible, the fiscal agent shall be in close geographic
15proximity to the Center and School.
16    (f) Through the individualized education program process
17with the student's resident school district, a student who
18resides at the Philip J. Rock Center and School may be placed
19in an alternate educational program by the student's
20individualized education program team. Educational placement
21and services shall be provided free of charge to the student's
22resident school district, unless there is tuition associated
23with the educational placement and services. If the Philip J.
24Rock Center and School must pay tuition or provide
25transportation for a student's educational placement and
26services, such tuition or transportation shall be billed to

 

 

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

 

 

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

 

 

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1person who is deafblind deaf-blind.
2    Vacancies in terms shall be filled by the original
3appointing authority. After the original terms, all terms
4shall be for 3 years.
5    Except for those members of the Advisory Board who are
6compensated for State service on a full-time basis, members
7shall be reimbursed for all actual expenses incurred in the
8performance of their duties. Each member who is not
9compensated for State service on a full-time basis shall be
10compensated at a rate of $50 per day which he spends on
11Advisory Board duties. The Advisory Board shall meet at least
122 4 times per year and not more than 12 times per year.
13    The State Board of Education Advisory Board shall provide
14support to the Advisory Board for its own organization.
15    Six members of the Advisory Board shall constitute a
16quorum. The affirmative vote of a majority of all members of
17the Advisory Board shall be necessary for any action taken by
18the Advisory Board.
19(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
2089-507, eff. 7-1-97.)