SB3768sam002 103RD GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 3/19/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3768

2    AMENDMENT NO. ______. Amend Senate Bill 3768, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
614-11.02 as follows:
 
7    (105 ILCS 5/14-11.02)  (from Ch. 122, par. 14-11.02)
8    Sec. 14-11.02. The Philip J. Rock Center and School for
9the Deafblind. Notwithstanding any other Sections of this
10Article, the State Board of Education shall develop and
11operate or contract for the operation of a service center for
12persons who are deaf-blind.
13    (a) For the purpose of this Section, persons who are
14deafblind with deaf-blindness are (i) individuals with
15concomitant hearing and visual impairments, the combination of
16which causes such severe communication and other developmental

 

 

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

 

 

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1    to respond to visual stimulation, which adversely affects
2    educational performance as determined by the
3    multidisciplinary conference.
4        (2) A hearing (B) An auditory impairment shall have
5    the same meaning as in the federal Individuals With
6    Disabilities Education Act and its implementing
7    regulations is defined to mean one or more of the
8    following: (i) a sensorineural or ongoing or chronic
9    conductive hearing loss with aided sensitivity of 30dB HL
10    or poorer; (ii) functional auditory behavior that is
11    significantly discrepant from the person's present
12    cognitive and/or developmental levels, which adversely
13    affects educational performance as determined by the
14    multidisciplinary conference.
15    (c) Notwithstanding any other provision of Article 14, the
16The State Board of Education shall is empowered to establish,
17maintain and operate or contract for the operation of a
18permanent, statewide, residential education facility
19state-wide service center known as the Philip J. Rock Center
20and School that services . The School serves eligible students
21children between the ages of 3 and 21, unless a student's 22nd
22birthday occurs during the school year, in which case the
23student is eligible for such services through the end of the
24school year. Subject to appropriation, the Philip J. Rock
25Center and School may provide additional services to 21; the
26Center serves eligible deafblind persons of all ages. The

 

 

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1State Board of Education shall include a line item in its
2budget to pay the costs of operating and maintaining the
3Philip J. Rock Center and School. If the Center and School
4receives appropriated funding to serve eligible deafblind
5persons of all ages, services Services provided by the Center
6and School shall include, but are not limited to:
7        (1) identifying Identifying and providing case
8    management of individuals with combined vision and hearing
9    loss persons who are auditorily and visually impaired;
10        (2) providing Providing families with appropriate
11    information and dissemination of information counseling;
12        (3) providing information to Referring persons who are
13    deafblind about the deaf-blind to appropriate agencies for
14    medical and diagnostic services;
15        (4) referring Referring persons who are deafblind
16    deaf-blind to appropriate agencies for educational,
17    rehabilitation, and support training and care services;
18        (5) developing Developing and expanding services
19    throughout the State to persons who are deafblind
20    deaf-blind. This shall will include ancillary services,
21    such as transportation, so that these persons the
22    individuals can take advantage of the expanded services;
23        (6) maintaining Maintaining a residential-educational
24    training facility, with or without a day program, in the
25    Chicago metropolitan area located near in an area
26    accessible to public transportation;

 

 

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1        (7) (blank); Receiving, dispensing, and monitoring
2    State and Federal funds to the School and Center
3    designated for services to persons who are deaf-blind;
4        (8) coordinating Coordinating services to persons who
5    are deafblind deaf-blind through all appropriate agencies,
6    including the Department of Children and Family Services
7    and the Department of Human Services;
8        (9) entering Entering into contracts with other
9    agencies to provide services to persons who are deafblind
10    deaf-blind;
11        (10) (blank); Operating on a no-reject basis. Any
12    individual referred to the Center for service and
13    diagnosed as deaf-blind, as defined in this Act, shall
14    qualify for available services;
15        (11) serving Serving as the information referral
16    clearinghouse for all persons who are deafblind
17    deaf-blind, age 21 and older; and
18        (12) (blank). Providing transition services for
19    students of Philip J. Rock School who are deaf-blind and
20    between the ages of 14 1/2 and 21.
21    (d) For the purposes of employment, the Philip J. Rock
22Center and School shall be considered its own employer. The
23State Board of Education shall appoint a chief administrator
24of the Philip J. Rock Center and School, who shall be employed
25by the Center and School and shall manage the daily operations
26of the Center and School. The chief administrator shall have

 

 

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1the authority on behalf of the Center and School to:
2        (1) hire, evaluate, discipline, and terminate staff of
3    the Center and School;
4        (2) determine wages, benefits, and other conditions of
5    employment for all Center and School employees;
6        (3) bargain with the exclusive bargaining
7    representative of the employees of the Center and School;
8        (4) develop a budget to be submitted to the State
9    Board of Education for review and approval;
10        (5) contract for any professional, legal, and
11    educational services necessary for the operation of the
12    Center and School;
13        (6) make all decisions regarding the daily operations
14    of the Center and School; and
15        (7) perform any other duties as set forth in the
16    employment contract for the chief administrator.
17    (e) If the State Board of Education contracts for the
18fiscal administration of the Philip J. Rock Center and School,
19then the contract shall be with a school district, special
20education cooperative, or regional office of education that
21can serve as the fiscal agent for the Center and School. To the
22extent possible, the fiscal agent shall be in close geographic
23proximity to the Center and School.
24    (f) Through the individualized education program process
25with the student's resident school district, a student who
26resides at the Philip J. Rock Center and School may be placed

 

 

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

 

 

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1    serving persons who are deafblind deaf-blind;
2        (4) standards Standards and rates for State payments
3    for any services purchased for persons who are deafblind
4    deaf-blind;
5        (5) services Services and research activities in the
6    field of deafblindness deaf-blindness, including the
7    evaluation of services; and
8        (6) planning Planning for personnel or preparation
9    personnel/preparation, both preservice and inservice.
10    The Advisory Board shall consist of 3 persons appointed by
11the Governor; 2 persons appointed by the State Superintendent
12of Education; 4 persons appointed by the Secretary of Human
13Services; and 2 persons appointed by the Director of Children
14and Family Services. The 3 appointments of the Governor shall
15consist of a senior citizen 60 years of age or older, a
16consumer who is deaf-blind, and a parent of a person who is
17deaf-blind; provided that if any gubernatorial appointee
18serving on the Advisory Board on the effective date of this
19amendatory Act of 1991 is not either a senior citizen 60 years
20of age or older or a consumer who is deaf-blind or a parent of
21a person who is deaf-blind, then whenever that appointee's
22term of office expires or a vacancy in that appointee's office
23sooner occurs, the Governor shall make the appointment to fill
24that office or vacancy in a manner that will result, at the
25earliest possible time, in the Governor's appointments to the
26Advisory Board being comprised of one senior citizen 60 years

 

 

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1of age or older, one consumer who is deaf-blind, and one parent
2of a person who is deaf-blind. One person designated by each
3agency other than the Department of Human Services may be an
4employee of that agency. Two persons appointed by the
5Secretary of Human Services may be employees of the Department
6of Human Services. The appointments of each appointing
7authority other than the Governor shall include at least one
8parent of an individual who is deafblind deaf-blind or a
9person who is deafblind deaf-blind.
10    Vacancies in terms shall be filled by the original
11appointing authority. After the original terms, all terms
12shall be for 3 years.
13    Except for those members of the Advisory Board who are
14compensated for State service on a full-time basis, members
15shall be reimbursed for all actual expenses incurred in the
16performance of their duties. Each member who is not
17compensated for State service on a full-time basis shall be
18compensated at a rate of $50 per day which he spends on
19Advisory Board duties. The Advisory Board shall meet at least
202 4 times per year and not more than 12 times per year.
21    The State Board of Education Advisory Board shall provide
22support to the Advisory Board for its own organization.
23    Six members of the Advisory Board shall constitute a
24quorum. The affirmative vote of a majority of all members of
25the Advisory Board shall be necessary for any action taken by
26the Advisory Board.

 

 

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1(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
289-507, eff. 7-1-97.)".