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90_HB2109
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
405 ILCS 30/4 from Ch. 91 1/2, par. 904
405 ILCS 80/2-17
Amends the School Code, the Community Services Act, and
the Developmental Disability and Mental Disability Services
Act. Provides that moneys appropriated to the Department of
Human Services for community service grant programs for
persons with mental illness or developmental disabilities may
be used to fund the Home-Based Support Services Program for
persons who leave special education because of their age.
Allows the Department to use grants to private providers,
individual service recipients or governmental entities (now,
private providers or governmental entities) to provide
services. Effective July 1, 1997.
LRB9004873DNcw
LRB9004873DNcw
1 AN ACT concerning support services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 14-8.02 as follows:
6 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
7 Sec. 14-8.02. Identification, Evaluation and Placement
8 of Children.
9 (a) The State Board of Education shall make rules under
10 which local school boards shall determine the eligibility of
11 children to receive special education. Such rules shall
12 ensure that a free appropriate public education be available
13 to all children with disabilities as defined in Section
14 14-1.02. The State Board of Education shall require local
15 school districts to administer non-discriminatory procedures
16 or tests to limited English proficiency students coming from
17 homes in which a language other than English is used to
18 determine their eligibility to receive special education.
19 The placement of low English proficiency students in special
20 education programs and facilities shall be made in accordance
21 with the test results reflecting the student's linguistic,
22 cultural and special education needs. For purposes of
23 determining the eligibility of children the State Board of
24 Education shall include in the rules definitions of "case
25 study", "staff conference", "individualized educational
26 program", and "qualified specialist" appropriate to each
27 category of children with disabilities as defined in this
28 Article. For purposes of determining the eligibility of
29 children from homes in which a language other than English is
30 used, the State Board of Education, no later than September
31 1, 1993, shall include in the rules definitions for
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1 "qualified bilingual specialists" and "linguistically and
2 culturally appropriate individualized educational programs".
3 (b) No child shall be eligible for special education
4 facilities except with a carefully completed case study fully
5 reviewed by professional personnel in a multidisciplinary
6 staff conference and only upon the recommendation of
7 qualified specialists or a qualified bilingual specialist, if
8 available. At the conclusion of the multidisciplinary staff
9 conference, the parent or guardian of the child shall be
10 given a copy of the multidisciplinary conference summary
11 report and recommendations, which includes options
12 considered, and be informed of their right to obtain an
13 independent educational evaluation if they disagree with the
14 evaluation findings conducted or obtained by the school
15 district. If the school district's evaluation is shown to be
16 inappropriate, the school district shall reimburse the parent
17 for the cost of the independent evaluation. The State Board
18 of Education shall, with advice from the State Advisory
19 Council on Education of Children with Disabilities on the
20 inclusion of specific independent educational evaluators,
21 prepare a list of suggested independent educational
22 evaluators. The State Board of Education shall include on the
23 list clinical psychologists licensed pursuant to the Clinical
24 Psychologist Licensing Act. Such psychologists shall not be
25 paid fees in excess of the amount that would be received by a
26 school psychologist for performing the same services. The
27 State Board of Education shall supply school districts with
28 such list and make the list available to parents at their
29 request. School districts shall make the list available to
30 parents at the time they are informed of their right to
31 obtain an independent educational evaluation. However, the
32 school district may initiate an impartial due process hearing
33 under this Section within 5 days of any written parent or
34 guardian request for an independent educational evaluation to
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1 show that its evaluation is appropriate. If the final
2 decision is that the evaluation is appropriate, the parent
3 still has a right to an independent educational evaluation,
4 but not at public expense. An independent educational
5 evaluation at public expense must be completed within 30 days
6 of a parent or guardian written request unless the school
7 district initiates an impartial due process hearing or the
8 parent or guardian or school district offers reasonable
9 grounds to show that such 30 day time period should be
10 extended. If the due process hearing decision indicates that
11 the parent or guardian is entitled to an independent
12 educational evaluation, it must be completed within 30 days
13 of the decision unless the parent or guardian or the school
14 district offers reasonable grounds to show that such 30 day
15 period should be extended. If a parent disagrees with the
16 summary report or recommendations of the multidisciplinary
17 conference or the findings of any educational evaluation
18 which results therefrom, the school district shall not
19 proceed with a placement based upon such evaluation and the
20 child shall remain in his or her regular classroom setting.
21 No child shall be eligible for admission to a special class
22 for the educable mentally disabled or for the trainable
23 mentally disabled except with a psychological evaluation and
24 recommendation by a school psychologist. Consent shall be
25 obtained from the parent or guardian of a child before any
26 evaluation is conducted. If consent is not given by the
27 parent or guardian or if the parent or guardian disagrees
28 with the findings of the evaluation, then the school district
29 may initiate an impartial due process hearing under this
30 Section. The school district may evaluate the child if that
31 is the decision resulting from the impartial due process
32 hearing and the decision is not appealed or if the decision
33 is affirmed on appeal. The determination of eligibility shall
34 be made within 60 school days from the date of referral by
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1 school authorities for evaluation by the district or date of
2 application for admittance by the parent or guardian of the
3 child. In those instances when students are referred for
4 evaluation with fewer than 60 pupil attendance days left in
5 the school year, the eligibility determination shall be made
6 prior to the first day of the following school year. After a
7 child has been determined to be eligible for a special
8 education class, such child must be placed in the appropriate
9 program pursuant to the individualized educational program by
10 or no later than the beginning of the next school semester.
11 The appropriate program pursuant to the individualized
12 educational program of students whose native tongue is a
13 language other than English shall reflect the special
14 education, cultural and linguistic needs. No later than
15 September 1, 1993, the State Board of Education shall
16 establish standards for the development, implementation and
17 monitoring of appropriate bilingual special individualized
18 educational programs. The State Board of Education shall
19 further incorporate appropriate monitoring procedures to
20 verify implementation of these standards. The district shall
21 indicate to the parent or guardian and the State Board of
22 Education the nature of the services the child will receive
23 for the regular school term while waiting placement in the
24 appropriate special education class.
25 If the student may be eligible to participate in the
26 Home-Based Support Services Program for Mentally Disabled
27 Adults authorized under the Developmental Disability and
28 Mental Disability Services Act upon becoming an adult, the
29 student's individualized education program shall include
30 plans for (i) determining the student's eligibility for those
31 home-based services, (ii) enrolling the student in the
32 program of home-based services, and (iii) developing a plan
33 for the student's most effective use of the home-based
34 services after the student becomes an adult and no longer
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1 receives special educational services under this Article.
2 The plans developed under this paragraph shall include
3 specific actions to be taken by specified individuals,
4 agencies, or officials. Moneys appropriated to the Department
5 of Human Services for community service grant programs for
6 persons with mental illness or developmental disabilities may
7 be used to fund the Home-Based Support Services program for
8 persons who leave special education because of their age.
9 (c) In the development of the individualized education
10 program for a student who is functionally blind, it shall be
11 presumed that proficiency in Braille reading and writing is
12 essential for the student's satisfactory educational
13 progress. For purposes of this subsection, the State Board
14 of Education shall determine the criteria for a student to be
15 classified as functionally blind. Students who are not
16 currently identified as functionally blind who are also
17 entitled to Braille instruction include: (i) those whose
18 vision loss is so severe that they are unable to read and
19 write at a level comparable to their peers solely through the
20 use of vision, and (ii) those who show evidence of
21 progressive vision loss that may result in functional
22 blindness. Each student who is functionally blind shall be
23 entitled to Braille reading and writing instruction that is
24 sufficient to enable the student to communicate with the same
25 level of proficiency as other students of comparable ability.
26 Instruction should be provided to the extent that the student
27 is physically and cognitively able to use Braille. Braille
28 instruction may be used in combination with other special
29 education services appropriate to the student's educational
30 needs. The assessment of each student who is functionally
31 blind for the purpose of developing the student's
32 individualized education program shall include documentation
33 of the student's strengths and weaknesses in Braille skills.
34 Each person assisting in the development of the
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1 individualized education program for a student who is
2 functionally blind shall receive information describing the
3 benefits of Braille instruction. The individualized
4 education program for each student who is functionally blind
5 shall specify the appropriate learning medium or media based
6 on the assessment report.
7 (d) To the maximum extent appropriate, the placement
8 shall provide the child with the opportunity to be educated
9 with children who are not disabled; provided that children
10 with disabilities who are recommended to be placed into
11 regular education classrooms are provided with supplementary
12 services to assist the children with disabilities to benefit
13 from the regular classroom instruction and are included on
14 the teacher's regular education class register. Subject to
15 the limitation of the preceding sentence, placement in
16 special classes, separate schools or other removal of the
17 disabled child from the regular educational environment shall
18 occur only when the nature of the severity of the disability
19 is such that education in the regular classes with the use of
20 supplementary aids and services cannot be achieved
21 satisfactorily. The placement of limited English proficiency
22 students with disabilities shall be in non-restrictive
23 environments which provide for integration with non-disabled
24 peers in bilingual classrooms. By January 1993 and annually
25 thereafter, school districts shall report data on students
26 from non-English speaking backgrounds receiving special
27 education and related services in public and private
28 facilities as prescribed in Section 2-3.30. If there is a
29 disagreement between parties involved regarding the special
30 education placement of any child, either in-state or
31 out-of-state, the placement is subject to impartial due
32 process procedures described in Article 10 of the Rules and
33 Regulations to Govern the Administration and Operation of
34 Special Education.
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1 (e) No child who comes from a home in which a language
2 other than English is the principal language used may be
3 assigned to any class or program under this Article until he
4 has been given, in the principal language used by the child
5 and used in his home, tests reasonably related to his
6 cultural environment. All testing and evaluation materials
7 and procedures utilized for evaluation and placement shall
8 not be linguistically, racially or culturally discriminatory.
9 (f) Nothing in this Article shall be construed to
10 require any child to undergo any physical examination or
11 medical treatment whose parents or guardian object thereto on
12 the grounds that such examination or treatment conflicts with
13 his religious beliefs.
14 (g) School boards or their designee shall provide to the
15 parents or guardian of a child prior written notice of any
16 decision (a) proposing to initiate or change, or (b) refusing
17 to initiate or change, the identification, evaluation, or
18 educational placement of the child or the provision of a free
19 appropriate public education to their child, and the reasons
20 therefor. Such written notification shall also inform the
21 parent or guardian of the opportunity to present complaints
22 with respect to any matter relating to the educational
23 placement of the student, or the provision of a free
24 appropriate public education and to have an impartial due
25 process hearing on the complaint. The notice shall inform
26 the parents or guardian in the parents' or guardian's native
27 language, unless it is clearly not feasible to do so, of
28 their rights and all procedures available pursuant to this
29 Act and federal law 94-142; it shall be the responsibility of
30 the State Superintendent to develop uniform notices setting
31 forth the procedures available under this Act and federal law
32 94-142 to be used by all school boards. The notice shall
33 also inform the parents or guardian of the availability upon
34 request of a list of free or low-cost legal and other
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1 relevant services available locally to assist parents or
2 guardians in initiating an impartial due process hearing.
3 Any parent or guardian who is deaf, or does not normally
4 communicate using spoken English, who participates in a
5 meeting with a representative of a local educational agency
6 for the purposes of developing an individualized educational
7 program shall be entitled to the services of an interpreter.
8 (h) A Level I due process hearing, hereinafter referred
9 as the hearing, shall be conducted upon the request of the
10 parents or guardian or local school board by an impartial
11 hearing officer appointed as follows: If the request is made
12 through the local school district, within 5 school days of
13 receipt of the request, the local school district shall
14 forward the request to the State Superintendent. Within 5
15 days after receiving this request of hearing, the State Board
16 of Education shall provide a list of 5 prospective, impartial
17 hearing officers. The State Board of Education, by rule or
18 regulation, shall establish criteria for determining which
19 persons can be included on such a list of prospective hearing
20 officers. No one on the list may be a resident of the school
21 district. No more than 2 of the 5 prospective hearing
22 officers shall be gainfully employed by or administratively
23 connected with any school district, or any joint agreement or
24 cooperative program in which school districts participate.
25 In addition, no more than 2 of the 5 prospective hearing
26 officers shall be gainfully employed by or administratively
27 connected with private providers of special education
28 services. The State Board of Education shall actively
29 recruit applicants for hearing officer positions. The board
30 and the parents or guardian or their legal representatives
31 within 5 days shall alternately strike one name from the list
32 until only one name remains. The parents or guardian shall
33 have the right to proceed first with the striking. The per
34 diem allowance for the hearing officer shall be established
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1 and paid by the State Board of Education. The hearing shall
2 be closed to the public except that the parents or guardian
3 may require that the hearing be public. The hearing officer
4 shall not be an employee of the school district, an employee
5 in any joint agreement or cooperative program in which the
6 district participates, or any other agency or organization
7 that is directly involved in the diagnosis, education or care
8 of the student or the State Board of Education. All impartial
9 hearing officers shall be adequately trained in federal and
10 state law, rules and regulations and case law regarding
11 special education. The State Board of Education shall use
12 resources from within and outside the agency for the purposes
13 of conducting this training. The impartial hearing officer
14 shall have the authority to require additional information or
15 evidence where he or she deems it necessary to make a
16 complete record and may order an independent evaluation of
17 the child, the cost of said evaluation to be paid by the
18 local school district. Such hearing shall not be considered
19 adversary in nature, but shall be directed toward bringing
20 out all facts necessary for the impartial hearing officer to
21 render an informed decision. The State Board of Education
22 shall, with the advice and approval of the Advisory Council
23 on Education of Children with Disabilities, promulgate rules
24 and regulations to establish the qualifications of the
25 hearing officers and the rules and procedure for such
26 hearings. The school district shall present evidence that
27 the special education needs of the child have been
28 appropriately identified and that the special education
29 program and related services proposed to meet the needs of
30 the child are adequate, appropriate and available. Any party
31 to the hearing shall have the right to: (a) be represented by
32 counsel and be accompanied and advised by individuals with
33 special knowledge or training with respect to the problems of
34 children with disabilities at the party's own expense; (b)
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1 present evidence and confront and cross-examine witnesses;
2 (c) prohibit the introduction of any evidence at the hearing
3 that has not been disclosed to that party at least 5 days
4 before the hearing; (d) obtain a written or electronic
5 verbatim record of the hearing; (e) obtain written findings
6 of fact and a written decision. The student shall be allowed
7 to attend the hearing unless the hearing officer finds that
8 attendance is not in the child's best interest or detrimental
9 to the child. The hearing officer shall specify in the
10 findings the reasons for denying attendance by the student.
11 The hearing officer, or the State Superintendent in
12 connection with State level hearings, may subpoena and compel
13 the attendance of witnesses and the production of evidence
14 reasonably necessary to the resolution of the hearing. The
15 subpoena may be issued upon request of any party. The State
16 Board of Education and the school board shall share equally
17 the costs of providing a written or electronic record of the
18 proceedings. Such record shall be transcribed and transmitted
19 to the State Superintendent no later than 10 days after
20 receipt of notice of appeal. The hearing officer shall
21 render a decision and shall submit a copy of the findings of
22 fact and decision to the parent or guardian and to the local
23 school board within 10 school days after the conclusion of
24 the hearing. The hearing officer may continue the hearing in
25 order to obtain additional information, and, at the
26 conclusion of the hearing, shall issue a decision based on
27 the record which specifies the special education and related
28 services which shall be provided to the child in accordance
29 with the child's needs. The hearing officer's decision shall
30 be binding upon the local school board and the parent unless
31 such decision is appealed pursuant to the provisions of this
32 Section.
33 (i) Any party aggrieved by the decision may appeal the
34 hearing officer's decision to the State Board of Education
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1 and shall serve copies of the notice of such appeal on the
2 State Superintendent and on all other parties. The review
3 referred to in this Section shall be known as the Level II
4 review. The State Board of Education shall provide a list of
5 5 prospective, impartial reviewing officers. No reviewing
6 officer shall be an employee of the State Board of Education
7 or gainfully employed by or administratively connected with
8 the school district, joint agreement or cooperative program
9 which is a party to this review. Each person on the list
10 shall be accredited by a national arbitration organization.
11 The per diem allowance for the review officers shall be paid
12 by the State Board of Education and may not exceed $250. All
13 reviewing officers on the list provided by the State Board of
14 Education shall be trained in federal and state law, rules
15 and regulations and case law regarding special education.
16 The State Board of Education shall use resources from within
17 and outside the agency for the purposes of conducting this
18 training. No one on the list may be a resident of the school
19 district. The board and the parents or guardian or other
20 legal representatives within 5 days shall alternately strike
21 one name from the list until only one name remains. The
22 parents or guardian shall have the right to proceed first
23 with the striking. The reviewing officer so selected shall
24 conduct an impartial review of the Level I hearing and may
25 issue subpoenas requiring the attendance of witnesses at such
26 review. The parties to the appeal shall be afforded the
27 opportunity to present oral argument and additional evidence
28 at the review. Upon completion of the review the reviewing
29 officer shall render a decision and shall provide a copy of
30 the decision to all parties.
31 (j) No later than 30 days after receipt of notice of
32 appeal, a final decision shall be reached and a copy mailed
33 to each of the parties. A reviewing officer may grant
34 specific extensions of time beyond the 30-day deadline at the
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1 request of either party. If a Level II hearing is convened
2 the final decision of a Level II hearing officer shall occur
3 no more than 30 days following receipt of a notice of appeal,
4 unless an extension of time is granted by the hearing officer
5 at the request of either party. The State Board of Education
6 shall establish rules and regulations delineating the
7 standards to be used in determining whether the reviewing
8 officer shall grant such extensions. Each hearing and each
9 review involving oral argument must be conducted at a time
10 and place which are reasonably convenient to the parents and
11 the child involved.
12 (k) Any party aggrieved by the decision of the reviewing
13 officer, including the parent or guardian, shall have the
14 right to bring a civil action with respect to the complaint
15 presented pursuant to this Section, which action may be
16 brought in any circuit court of competent jurisdiction within
17 120 days after a copy of the decision is mailed to the party
18 as provided in subsection (j). The civil action provided
19 above shall not be exclusive of any rights or causes of
20 action otherwise available. The commencement of a civil
21 action under subsection (k) of this Section shall operate as
22 a supersedeas. In any action brought under this Section the
23 court shall receive the records of the administrative
24 proceedings, shall hear additional evidence at the request of
25 a party, and basing its decision on the preponderance of the
26 evidence shall grant such relief as the court determines is
27 appropriate. In any instance where a school district
28 willfully disregards applicable regulations or statutes
29 regarding a child covered by this Article, and which
30 disregard has been detrimental to the child, the school
31 district shall be liable for any reasonable attorney's fees
32 incurred by the parent or guardian in connection with
33 proceedings under this Section.
34 (l) During the pendency of any proceedings conducted
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1 pursuant to this Section, unless the State Superintendent of
2 Education, or the school district and the parents or guardian
3 otherwise agree, the student shall remain in the then current
4 educational placement of such student, or if applying for
5 initial admission to the school district, shall, with the
6 consent of the parents or guardian, be placed in the school
7 district program until all such proceedings have been
8 completed. The costs for any special education and related
9 services or placement incurred following 60 school days after
10 the initial request for evaluation shall be borne by the
11 school district if such services or placement are in
12 accordance with the final determination as to the special
13 education and related services or placement which must be
14 provided to the child, provided however that in said 60 day
15 period there have been no delays caused by the child's parent
16 or guardian.
17 (m) Whenever the parents or guardian of a child of the
18 type described in Section 14-1.02 are not known, or
19 unavailable, a person shall be assigned to serve as surrogate
20 parent for the child in matters relating to the
21 identification, evaluation, and educational placement of the
22 child and the provision of a free appropriate public
23 education to the child. Persons shall be assigned as
24 surrogate parents by the State Superintendent of Education.
25 The State Board of Education shall promulgate rules and
26 regulations establishing qualifications of such persons and
27 their responsibilities and the procedures to be followed in
28 making such assignments. Such surrogate parents shall not be
29 employees of the school district, an agency created by joint
30 agreement under Section 10-22.31, an agency involved in the
31 education or care of the student, or the State Board of
32 Education. Services of any person assigned as surrogate
33 parent shall terminate if the parent or guardian becomes
34 available unless otherwise requested by the parents or
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1 guardian. The assignment of a person as surrogate parent at
2 no time supersedes, terminates, or suspends the parents' or
3 guardian's legal authority relative to the child. Any person
4 participating in good faith as surrogate parent on behalf of
5 the child before school officials or a hearing officer shall
6 have immunity from civil or criminal liability that otherwise
7 might result by reason of such participation, except in cases
8 of willful and wanton misconduct.
9 (n) At all stages of the hearing the hearing officer
10 shall require that interpreters be made available by the
11 local school district for persons who are deaf or for persons
12 whose normally spoken language is other than English.
13 (o) Whenever a person refuses to comply with any
14 subpoena issued under this Section, the circuit court of the
15 county in which such hearing is pending, on application of
16 the State Superintendent of Education or the party who
17 requested issuance of the subpoena may compel obedience by
18 attachment proceedings as for contempt, as in a case of
19 disobedience of the requirements of a subpoena from such
20 court for refusal to testify therein.
21 (Source: P.A. 88-45; 89-397, eff. 8-20-95; 89-425, eff.
22 6-1-96; 89-626, eff. 8-9-96.)
23 Section 10. The Community Services Act is amended by
24 changing Section 4 as follows:
25 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 4. Financing for Community Services. The Department
28 of Mental Health and Developmental Disabilities and the
29 Illinois Department of Alcoholism and Substance Abuse in
30 their respective areas of jurisdiction are authorized to
31 provide financial assistance to eligible private service
32 providers, corporations, local government entities or
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1 voluntary associations for the provision of services to
2 persons with mental illness, persons with a developmental
3 disability and alcohol and drug dependent persons living in
4 the community for the purpose of achieving the goals of this
5 Act.
6 The Department and the Illinois Department of Alcoholism
7 and Substance Abuse shall utilize the following funding
8 mechanisms for community services:
9 (1) Purchase of Care Contracts: services purchased
10 on a predetermined fee per unit of service basis from
11 private providers or governmental entities. Fee per
12 service rates are set by an established formula which
13 covers some portion of personnel, supplies, and other
14 allowable costs, and which makes some allowance for
15 geographic variations in costs as well as for additional
16 program components.
17 (2) Grants: sums of money which the Department or
18 the Illinois Department of Alcoholism and Substance Abuse
19 grants to private providers or governmental entities
20 pursuant to the grant recipient's agreement to provide
21 certain services, as defined by Departmental or the
22 Illinois Department of Alcoholism and Substance Abuse
23 grant guidelines, to an approximate number of service
24 recipients. Grant levels are set through consideration of
25 personnel, supply and other allowable costs, as well as
26 other funds available to the program.
27 (3) Other Funding Arrangements: funding mechanisms
28 may be established on a pilot basis in order to examine
29 the feasibility of alternative financing arrangements for
30 the provision of community services.
31 The Department and the Illinois Department of Alcoholism
32 and Substance Abuse shall strive to establish and maintain an
33 equitable system of payment which encourages providers to
34 improve their clients' capabilities for independence and
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1 reduces their reliance on community or State-operated
2 services. In accepting Department or the Illinois Department
3 of Alcoholism and Substance Abuse funds, providers shall
4 recognize their responsibility to be accountable to the
5 Department or the Illinois Department of Alcoholism and
6 Substance Abuse and the State for the delivery of services
7 which are consistent with the philosophies and goals of this
8 Act and the rules and regulations promulgated under it.
9 (Source: P.A. 88-380.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 4. Financing for Community Services. The Department
12 of Human Services is authorized to provide financial
13 assistance to eligible private service providers,
14 corporations, local government entities or voluntary
15 associations for the provision of services to persons with
16 mental illness, persons with a developmental disability and
17 alcohol and drug dependent persons living in the community
18 for the purpose of achieving the goals of this Act.
19 The Department shall utilize the following funding
20 mechanisms for community services:
21 (1) Purchase of Care Contracts: services purchased
22 on a predetermined fee per unit of service basis from
23 private providers or governmental entities. Fee per
24 service rates are set by an established formula which
25 covers some portion of personnel, supplies, and other
26 allowable costs, and which makes some allowance for
27 geographic variations in costs as well as for additional
28 program components.
29 (2) Grants: sums of money which the Department
30 grants to private providers, individual service
31 recipients, or governmental entities pursuant to the
32 grant recipient's agreement or authorization to provide
33 or obtain certain services, as defined by departmental
34 grant guidelines, to an approximate number of service
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1 recipients. Grant levels are set through consideration of
2 personnel, supply and other allowable costs, as well as
3 other funds available to the program.
4 (3) Other Funding Arrangements: funding mechanisms
5 may be established on a pilot basis in order to examine
6 the feasibility of alternative financing arrangements for
7 the provision of community services.
8 The Department shall strive to establish and maintain an
9 equitable system of payment which encourages improvement in
10 service recipients' providers to improve their clients'
11 capabilities for independence and reduces their reliance on
12 community or State-operated services. In accepting
13 Department funds, grant recipients providers shall recognize
14 their responsibility to be accountable to the Department and
15 the State for access to or the delivery of services which are
16 consistent with the philosophies and goals of this Act and
17 the rules and regulations promulgated under it.
18 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
19 Section 15. The Developmental Disability and Mental
20 Disability Services Act is amended by changing Section 2-17
21 as follows:
22 (405 ILCS 80/2-17)
23 Sec. 2-17. Transition from special education.
24 (a) If a person receiving special educational services
25 under Article 14 of the School Code at a school in this State
26 has severe autism, severe mental illness, severe or profound
27 mental retardation, or severe and multiple impairments and is
28 not over 18 years of age but is otherwise eligible to
29 participate in the Program, the person shall be determined
30 eligible to participate in the Program, subject to the
31 availability of funds appropriated for this purpose, when he
32 or she becomes an adult and no longer receives special
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1 educational services. Moneys appropriated to the Department
2 of Human Services for community service grant programs for
3 persons with mental illness or developmental disabilities may
4 be used to fund the Home-Based Support Services Program for
5 persons who leave special education because of their age.
6 (b) The Department shall implement this Section for
7 fiscal years beginning July 1, 1996 and thereafter.
8 (Source: P.A. 89-425, eff. 6-1-96.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 99. Effective date. This Act takes effect July
17 1, 1997.