Full Text of SB2521 96th General Assembly
SB2521 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2521
Introduced 1/12/2010, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/14-1.02 |
from Ch. 122, par. 14-1.02 |
105 ILCS 5/14-1.03a |
from Ch. 122, par. 14-1.03a |
105 ILCS 5/14-1.09 |
from Ch. 122, par. 14-1.09 |
105 ILCS 5/14-1.09a |
from Ch. 122, par. 14-1.09a |
105 ILCS 5/14-11.02 |
from Ch. 122, par. 14-11.02 |
105 ILCS 5/14-11.03 |
from Ch. 122, par. 14-11.03 |
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Amends the School Code. Changes various provisions concerning special education to make those provisions applicable to children between the ages of 3 and 26 (instead of between the ages of 3 and 21).
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A BILL FOR
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SB2521 |
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| AN ACT concerning education, which may be referred to as | 2 |
| Candace's Law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 6 |
| 14-1.02, 14-1.03a, 14-1.09, 14-1.09a, 14-11.02, and 14-11.03 | 7 |
| as follows:
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| (105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)
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| Sec. 14-1.02. Children with disabilities.
"Children with | 10 |
| disabilities" means children
between the ages of 3 and 26 21 | 11 |
| for whom it is determined, through definitions
and procedures
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| described in the Illinois Rules and Regulations to Govern the | 13 |
| Organization
and Administration of Special Education, that | 14 |
| special education services
are needed. An eligible student who | 15 |
| requires continued public school educational experience to | 16 |
| facilitate his or her successful transition and integration | 17 |
| into adult life is eligible for such services through age 26 | 18 |
| 21 , inclusive, which, for purposes of this Article, means the | 19 |
| day before the student's 22nd birthday. An individualized | 20 |
| education program must be written and agreed
upon by | 21 |
| appropriate school personnel and parents or their | 22 |
| representatives
for any child receiving special education.
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| (Source: P.A. 95-14, eff. 7-16-07.)
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| (105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)
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| Sec. 14-1.03a. Children with Specific Learning | 3 |
| Disabilities.
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| "Children with Specific Learning Disabilities" means | 5 |
| children between
the ages of 3 and 26 21 years who have a | 6 |
| disorder in one or more of the basic
psychological processes | 7 |
| involved in understanding or in using language,
spoken or | 8 |
| written, which disorder may manifest itself in imperfect | 9 |
| ability
to listen, think, speak, read, write, spell or do | 10 |
| mathematical
calculations. Such disorders include such | 11 |
| conditions as perceptual
disabilities, brain injury, minimal | 12 |
| brain dysfunction,
dyslexia, and
developmental aphasia. Such | 13 |
| term does not include children who have
learning problems which | 14 |
| are primarily the result of visual, hearing or
motor | 15 |
| disabilities, of mental retardation, emotional
disturbance or
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| environmental disadvantage.
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| (Source: P.A. 89-397, eff. 8-20-95.)
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| (105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)
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| Sec. 14-1.09. School psychologist. "School psychologist" | 20 |
| means a
psychologist who has graduated with a master's or | 21 |
| higher degree in
psychology or educational psychology from an | 22 |
| institution of higher learning
which maintains equipment,
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| courses of study, and standards of scholarship approved by the | 24 |
| State Board
of Education, who has had at least one school year |
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| of full-time supervised
experience in the delivery of school | 2 |
| psychological services of a character
approved by the State
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| Superintendent of Education, who has such additional | 4 |
| qualifications
as may be required
by the State Board of | 5 |
| Education, and who holds a School Service Personnel
Certificate | 6 |
| endorsed for school psychology issued pursuant to Section
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| 21-25.
Persons so certified may use the title "school | 8 |
| psychologist" and may
offer school psychological services | 9 |
| which are limited to those services set
forth in 23 Ill. Adm. | 10 |
| Code 226, Special Education, pertaining to children
between the | 11 |
| ages of 3 to 26 21 , promulgated by the State Board of | 12 |
| Education.
School psychologists may make evaluations, | 13 |
| recommendations or interventions
regarding the placement of | 14 |
| children in educational programs or special
education classes. | 15 |
| However, a school psychologist shall not provide such
services | 16 |
| outside his or her employment to any student in the district or
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| districts which employ such school psychologist.
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| (Source: P.A. 85-361.)
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| (105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)
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| Sec. 14-1.09a. School social worker. "School Social | 21 |
| Worker" means a
social worker who has graduated with a master's | 22 |
| or higher degree in social
work from an accredited graduate | 23 |
| school of social work and who has such
additional | 24 |
| qualifications as may be required by the State Board of
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| Education and who holds a School Service Personnel Certificate |
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| endorsed for
school social work issued pursuant to Section | 2 |
| 21-25 of this Code.
Persons so certified may use the title | 3 |
| "school social worker" and may
offer school social work | 4 |
| services which are limited to those services set
forth in 23 | 5 |
| Ill. Adm. Code 226, Special Education, pertaining to children
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| between the ages of 3 to 26 21 , promulgated by the State Board | 7 |
| of Education.
School social workers may make evaluations, | 8 |
| recommendations or
interventions regarding the placement of | 9 |
| children in educational programs
or special education classes. | 10 |
| However, a school social worker shall not
provide such services | 11 |
| outside his or her employment to any student in the
district or | 12 |
| districts which employ such school social worker.
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| (Source: P.A. 86-303.)
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| (105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
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| Sec. 14-11.02.
Notwithstanding any other Sections of this | 16 |
| Article, the
State Board of Education shall develop and operate | 17 |
| or contract for the
operation of a service center for persons | 18 |
| who are deaf-blind. For the
purpose of this Section, persons | 19 |
| with deaf-blindness are persons who have
both auditory and | 20 |
| visual impairments, the combination of which causes such
severe | 21 |
| communication and other developmental, educational, vocational | 22 |
| and
rehabilitation problems that such persons cannot be | 23 |
| properly accommodated
in special education or vocational | 24 |
| rehabilitation programs solely for
persons with both hearing | 25 |
| and visual disabilities.
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| To be eligible for deaf-blind services, a person must have | 2 |
| (i) a visual
impairment and an auditory impairment, or (ii) a | 3 |
| condition in which there
is a progressive loss of hearing or | 4 |
| vision or both that results in
concomitant vision and hearing | 5 |
| impairments and that adversely affects
educational performance | 6 |
| as determined by the multidisciplinary conference.
For | 7 |
| purposes of this paragraph and Section:
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| (A) A visual impairment is defined to mean one or more | 9 |
| of the
following: (i) corrected visual acuity poorer than | 10 |
| 20/70 in
the better eye; (ii) restricted visual field of 20 | 11 |
| degrees or less in the
better eye; (iii) cortical | 12 |
| blindness; (iv) does not appear to respond to
visual | 13 |
| stimulation, which adversely affects educational | 14 |
| performance as
determined by the multidisciplinary | 15 |
| conference.
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| (B) An auditory impairment is defined to mean one or | 17 |
| more of the
following: (i) a sensorineural or ongoing or | 18 |
| chronic conductive hearing
loss with aided sensitivity of | 19 |
| 30dB HL or poorer; (ii) functional auditory
behavior that | 20 |
| is significantly discrepant from the person's present
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| cognitive and/or developmental levels, which adversely | 22 |
| affects educational
performance as determined by the | 23 |
| multidisciplinary conference.
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| The State Board of Education is empowered to establish, | 25 |
| maintain
and operate or contract for the operation of a | 26 |
| permanent state-wide
service center known as the Philip J. Rock |
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| Center and School. The School
serves eligible children between | 2 |
| the ages of 3 and 26 21 ; the Center serves
eligible persons of | 3 |
| all ages. Services provided by the Center
include, but are not | 4 |
| limited to:
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| (1) Identifying and case management of persons who are | 6 |
| auditorily and
visually impaired;
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| (2) Providing families with appropriate counseling;
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| (3) Referring persons who are deaf-blind to | 9 |
| appropriate agencies for
medical and diagnostic services;
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| (4) Referring persons who are deaf-blind to | 11 |
| appropriate agencies for
educational, training and care | 12 |
| services;
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| (5) Developing and expanding services throughout the | 14 |
| State to persons
who are deaf-blind. This will include | 15 |
| ancillary services, such as
transportation so that the | 16 |
| individuals can take advantage of the expanded
services;
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| (6) Maintaining a residential-educational training | 18 |
| facility in the
Chicago metropolitan area located in an | 19 |
| area accessible to public
transportation;
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| (7) Receiving, dispensing, and monitoring State and | 21 |
| Federal funds to
the School and Center designated for | 22 |
| services to persons who are deaf-blind;
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| (8) Coordinating services to persons who are | 24 |
| deaf-blind through all
appropriate agencies, including the | 25 |
| Department of Children and Family
Services and the | 26 |
| Department of Human Services;
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| (9) Entering into contracts with other agencies to | 2 |
| provide services
to persons who are deaf-blind;
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| (10) Operating on a no-reject basis. Any individual | 4 |
| referred to the
Center for service and diagnosed as | 5 |
| deaf-blind, as defined in this Act,
shall qualify for | 6 |
| available services;
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| (11) Serving as the referral clearinghouse for all | 8 |
| persons who are
deaf-blind, age 26 21 and older; and
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| (12) Providing transition services for students of | 10 |
| Philip J. Rock
School who are deaf-blind and between the | 11 |
| ages of 14 1/2 and 26 21 .
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| The Advisory Board for Services for Persons who are | 13 |
| Deaf-Blind shall
provide advice to the State Superintendent of | 14 |
| Education, the Governor, and
the General Assembly on all | 15 |
| matters pertaining to policy concerning persons
who are | 16 |
| deaf-blind, including the implementation of legislation | 17 |
| enacted on
their behalf.
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| Regarding the maintenance, operation and education | 19 |
| functions of the
Philip J. Rock Center and School, the Advisory | 20 |
| Board shall also make
recommendations pertaining to but not | 21 |
| limited to the following matters:
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| (1) Existing and proposed programs of all State | 23 |
| agencies
that provide services for persons who are | 24 |
| deaf-blind;
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| (2) The State program and financial plan for deaf-blind | 26 |
| services and
the system of priorities to be developed by |
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| the State Board of Education;
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| (3) Standards for services in facilities serving | 3 |
| persons
who are deaf-blind;
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| (4) Standards and rates for State payments for any | 5 |
| services purchased
for persons who are deaf-blind;
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| (5) Services and research activities in the
field of | 7 |
| deaf-blindness,
including evaluation of services; and
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| (6) Planning for personnel/preparation, both | 9 |
| preservice
and inservice.
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| The Advisory Board shall consist of 3 persons appointed by | 11 |
| the Governor; 2
persons appointed by the State Superintendent | 12 |
| of Education; 4 persons
appointed by the Secretary of Human | 13 |
| Services; and 2 persons appointed by the Director of Children
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| and Family Services. The 3 appointments of the Governor shall | 15 |
| consist
of a senior citizen 60 years of age or older, a | 16 |
| consumer who is deaf-blind,
and a parent of a person who is | 17 |
| deaf-blind; provided that if any
gubernatorial appointee | 18 |
| serving on the Advisory Board on the effective date
of this | 19 |
| amendatory Act of 1991 is not either a senior citizen 60 years | 20 |
| of
age or older or a consumer who is deaf-blind or a parent of a | 21 |
| person who is
deaf-blind, then whenever that appointee's term | 22 |
| of office expires or a
vacancy in that appointee's office | 23 |
| sooner occurs, the Governor shall make
the appointment to fill | 24 |
| that office or vacancy in a manner that will
result, at the | 25 |
| earliest possible time, in the Governor's appointments to
the | 26 |
| Advisory Board being comprised of one senior citizen 60 years |
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| of age or
older, one consumer who is deaf-blind, and one parent | 2 |
| of a person who is
deaf-blind. One person designated by each | 3 |
| agency other than the Department
of Human Services may be an | 4 |
| employee of that agency. Two persons
appointed by the Secretary | 5 |
| of Human Services may be employees of the Department
of Human | 6 |
| Services. The appointments
of each appointing authority other | 7 |
| than the
Governor shall include at least one parent of an | 8 |
| individual who is
deaf-blind or a person who is deaf-blind.
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| Vacancies in terms shall be filled by the original | 10 |
| appointing authority.
After the original terms, all terms shall | 11 |
| be for 3 years.
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| Except for those members of the Advisory Board who are | 13 |
| compensated
for State service on a full-time basis, members | 14 |
| shall be reimbursed for
all actual expenses incurred in the | 15 |
| performance of their duties. Each
member who is not compensated | 16 |
| for State service on a full-time basis
shall be compensated at | 17 |
| a rate of $50 per day which he spends on Advisory
Board duties. | 18 |
| The Advisory Board shall meet at least 4 times per year and
not | 19 |
| more than 12 times per year.
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| The Advisory Board shall provide for its own organization.
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| Six members of the Advisory Board shall constitute a | 22 |
| quorum. The
affirmative vote of a majority of all members of | 23 |
| the Advisory Board
shall be necessary for any action taken by | 24 |
| the Advisory Board.
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| (Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; | 26 |
| 89-507, eff.
7-1-97.)
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| (105 ILCS 5/14-11.03) (from Ch. 122, par. 14-11.03)
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| Sec. 14-11.03. Illinois Service Resource Center. The State | 3 |
| Board of
Education shall maintain, subject to appropriations | 4 |
| for
such purpose,
the Service
Resource Center for children and | 5 |
| adolescents through the age of 26 21 who are
deaf or | 6 |
| hard-of-hearing and have an emotional or behavioral
disorder. | 7 |
| For the purpose of this Section,
"children and adolescents who | 8 |
| are deaf or hard-of-hearing and have an
emotional or behavioral | 9 |
| disorder"
have an auditory impairment that is serious enough to | 10 |
| warrant an array of
special services and special education | 11 |
| programs in order to assist both
educationally and socially and | 12 |
| the behavior is seriously disruptive and
unacceptable to peers, | 13 |
| educational staff, and persons in the community, or
presents a | 14 |
| danger to self or others.
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| The State Board shall operate or contract for
the
operation | 16 |
| of the Illinois Service Resource Center for
children and | 17 |
| adolescents through the age of 26 21 who are deaf or | 18 |
| hard-of-hearing
and have an emotional or behavioral
disorder. | 19 |
| The Illinois Service Resource Center shall function as the | 20 |
| initial point of contact for students,
parents, and | 21 |
| professionals. All existing and future services shall be
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| coordinated through the Center.
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| The Illinois Service Resource Center shall:
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| (a) Develop and maintain a directory of public and private | 25 |
| resources,
including crisis intervention.
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| (b) Establish and maintain a Statewide identification and | 2 |
| tracking system.
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| (c) Develop, obtain, and assure the consistency of | 4 |
| screening instruments.
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| (d) Perform case coordination, referral, and consultation | 6 |
| services.
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| (e) Provide technical assistance and training for existing | 8 |
| programs and
providers.
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| (f) Track the allocation and expenditure of State and | 10 |
| federal funds.
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| (g) Monitor, evaluate, and assess Statewide resources, | 12 |
| identification of
services gaps, and the development and | 13 |
| delivery of services.
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| (h) Identify by geographical areas the need for | 15 |
| establishing evaluation and
crisis intervention services and | 16 |
| establish a pilot in downstate Illinois. The
Service Resource | 17 |
| Center shall provide for the coordination of services for
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| children who are deaf or hard-of-hearing and have an emotional | 19 |
| or behavioral
disorder throughout the
State
and shall pilot a | 20 |
| service delivery model to identify the capacity and need for
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| comprehensive evaluation, crisis management, stabilization, | 22 |
| referral,
transition, family intervention, and follow-up | 23 |
| services.
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| (i) Integrate the recommendations of the Interagency Board | 25 |
| for Children who are Deaf or Hard-of-Hearing and
have an | 26 |
| Emotional or Behavioral Disorder regarding policies affecting
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| children who are
deaf or hard-of-hearing and have an emotional | 2 |
| or behavioral
disorder.
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| (j) Provide limited direct services as required.
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| The Center, if established, shall operate on a no-reject | 5 |
| basis. Any child or
adolescent diagnosed as
deaf or | 6 |
| hard-of-hearing and having an emotional or behavioral
disorder | 7 |
| under this Act
who is referred to the Center for services shall | 8 |
| qualify for services of the
Center. The requirement of the | 9 |
| no-reject basis shall be paramount in
negotiating contracts and | 10 |
| in supporting other agency services.
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| (Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)
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