Public Act 097-0625
 
SB0170 Re-EnrolledLRB097 04012 JDS 44051 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Disabled Persons Rehabilitation Act is
amended by changing Sections 10 and 13 as follows:
 
    (20 ILCS 2405/10)  (from Ch. 23, par. 3441)
    Sec. 10. Residential schools; visual and hearing
handicaps.
    (a) The Department of Human Services shall operate
residential schools for the education of children with visual
and hearing handicaps who are unable to take advantage of the
regular educational facilities provided in the community, and
shall provide in connection therewith such academic,
vocational, and related services as may be required. Children
shall be eligible for admission to these schools only after
proper diagnosis and evaluation, in accordance with procedures
prescribed by the Department.
    (a-5) The Superintendent of the Illinois School for the
Deaf shall be the chief executive officer of, and shall be
responsible for the day to day operations of, the School, and
shall obtain educational and professional employees who are
certified by the Illinois State Board of Education or licensed
by the appropriate agency or entity to which licensing
authority has been delegated, as well as all other employees of
the School, subject to the provisions of the Personnel Code and
any applicable collective bargaining agreement. The
Superintendent shall be appointed by the Governor, by and with
the advice and consent of the Senate. In the case of a vacancy
in the office of Superintendent during the recess of the
Senate, the Governor shall make a temporary appointment until
the next meeting of the Senate, when the Governor shall
nominate some person to fill the office, and any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. The Superintendent shall hold
office (i) for a term expiring on June 30 of 2015, and every 4
years thereafter and (ii) until the Superintendent's successor
is appointed and qualified. The Superintendent shall devote his
or her full time to the duties of the office, shall not serve
in any other capacity during his or her term of office, and
shall receive such compensation as the Governor shall
determine. The Superintendent shall have an administrative
certificate with a superintendent endorsement as provided for
under Section 21-7.1 of the School Code, and shall have degrees
in both educational administration and deaf education,
together with at least 15 years of experience in either deaf
education, the administration of deaf education, or a
combination of the 2.
    (a-10) The Superintendent of the Illinois School for the
Visually Impaired shall be the chief executive officer of, and
shall be responsible for the day to day operations of, the
School, and shall obtain educational and professional
employees who are certified by the Illinois State Board of
Education or licensed by the appropriate agency or entity to
which licensing authority has been delegated, as well as all
other employees of the School, subject to the provisions of the
Personnel Code and any applicable collective bargaining
agreement. The Superintendent shall be appointed by the
Governor, by and with the advice and consent of the Senate. In
the case of a vacancy in the office of Superintendent during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when the
Governor shall nominate some person to fill the office, and any
person so nominated who is confirmed by the Senate shall hold
office during the remainder of the term and until his or her
successor is appointed and qualified. The Superintendent shall
hold office (i) for a term expiring on June 30 of 2015, and
every 4 years thereafter and (ii) until the Superintendent's
successor is appointed and qualified. The Superintendent shall
devote his or her full time to the duties of the office, shall
not serve in any other capacity during his or her term of
office, and shall receive such compensation as the Governor
shall determine. The Superintendent shall have an
administrative certificate with a superintendent endorsement
as provided for under Section 21-7.1 of the School Code, and
shall have degrees in both educational administration and blind
or visually impaired education, together with at least 15 years
of experience in either blind or visually impaired education,
the administration of blind or visually impaired education, or
a combination of the 2.
    (b) In administering the Illinois School for the Deaf, the
Department shall adopt an admission policy which permits day or
residential enrollment, when resources are sufficient, of
children with hearing handicaps who are able to take advantage
of the regular educational facilities provided in the community
and thus unqualified for admission under subsection (a). In
doing so, the Department shall establish an annual deadline by
which shall be completed the enrollment of children qualified
under subsection (a) for admission to the Illinois School for
the Deaf. After the deadline, the Illinois School for the Deaf
may enroll other children with hearing handicaps at the request
of their parents or guardians if the Department determines
there are sufficient resources to meet their needs as well as
the needs of children enrolled before the deadline and children
qualified under subsection (a) who may be enrolled after the
deadline on an emergency basis. The Department shall adopt any
rules and regulations necessary for the implementation of this
subsection.
    (c) In administering the Illinois School for the Visually
Impaired, the Department shall adopt an admission policy that
permits day or residential enrollment, when resources are
sufficient, of children with visual handicaps who are able to
take advantage of the regular educational facilities provided
in the community and thus unqualified for admission under
subsection (a). In doing so, the Department shall establish an
annual deadline by which the enrollment of children qualified
under subsection (a) for admission to the Illinois School for
the Visually Impaired shall be completed. After the deadline,
the Illinois School for the Visually Impaired may enroll other
children with visual handicaps at the request of their parents
or guardians if the Department determines there are sufficient
resources to meet their needs as well as the needs of children
enrolled before the deadline and children qualified under
subsection (a) who may be enrolled after the deadline on an
emergency basis. The Department shall adopt any rules and
regulations necessary for the implementation of this
subsection.
(Source: P.A. 89-264, eff. 8-10-95; 89-507, eff. 7-1-97.)
 
    (20 ILCS 2405/13)  (from Ch. 23, par. 3444)
    Sec. 13. The Department shall have all powers reasonable
and necessary for the administration of institutions for
persons with one or more disabilities under subsection (f) of
Section 3 of this Act, including, but not limited to, the
authority to do the following:
    (a) Appoint and remove the superintendents of the
institutions operated by the Department, except for those
superintendents whose appointment and removal is provided for
under Section 10 of this Act; obtain all other employees
subject to the provisions of the Personnel Code, except for
educational and professional employees of the Illinois School
for the Deaf and the Illinois School for the Visually Impaired
who are certified by the Illinois State Board of Education or
licensed by the appropriate agency or entity to which licensing
authority has been delegated, and all other employees of the
Schools who are obtained by the superintendents as provided
under Section 10 of this Act, subject to the provisions of the
Personnel Code and any applicable collective bargaining
agreement; and conduct staff training programs for the
development and improvement of services.
    (b) Provide supervision, housing accommodations, board or
the payment of boarding costs, tuition, and treatment free of
charge, except as otherwise specified in this Act, for
residents of this State who are cared for in any institution,
or for persons receiving services under any program under the
jurisdiction of the Department. Residents of other states may
be admitted upon payment of the costs of board, tuition, and
treatment as determined by the Department; provided, that no
resident of another state shall be received or retained to the
exclusion of any resident of this State. The Department shall
accept any donation for the board, tuition, and treatment of
any person receiving service or care.
    (c) Cooperate with the State Board of Education and the
Department of Children and Family Services in a program to
provide for the placement, supervision, and foster care of
children with handicaps who must leave their home community in
order to attend schools offering programs in special education.
    (d) Assess and collect (i) student activity fees and (ii)
charges to school districts for transportation of students
required under the School Code and provided by the Department.
The Department shall direct the expenditure of all money that
has been or may be received by any officer of the several State
institutions under the direction and supervision of the
Department as profit on sales from commissary stores, student
activity fees, or charges for student transportation. The money
shall be deposited into a locally held fund and expended under
the direction of the Department for the special comfort,
pleasure, and amusement of residents and employees and the
transportation of residents, provided that amounts expended
for comfort, pleasure, and amusement of employees shall not
exceed the amount of profits derived from sales made to
employees by the commissaries, as determined by the Department.
    Funds deposited with State institutions under the
direction and supervision of the Department by or for residents
of those State institutions shall be deposited into
interest-bearing accounts, and money received as interest and
income on those funds shall be deposited into a "needy student
fund" to be held and administered by the institution. Money in
the "needy student fund" shall be expended for the special
comfort, pleasure, and amusement of the residents of the
particular institution where the money is paid or received.
    Any money belonging to residents separated by death,
discharge, or unauthorized absence from institutions described
under this Section, in custody of officers of the institutions,
may, if unclaimed by the resident or the legal representatives
of the resident for a period of 2 years, be expended at the
direction of the Department for the purposes and in the manner
specified in this subsection (d). Articles of personal
property, with the exception of clothing left in the custody of
those officers, shall, if unclaimed for the period of 2 years,
be sold and the money disposed of in the same manner.
    Clothing left at the institution by residents at the time
of separation may be used as determined by the institution if
unclaimed by the resident or legal representatives of the
resident within 30 days after notification.
    (e) Keep, for each institution under the jurisdiction of
the Department, a register of the number of officers,
employees, and residents present each day in the year, in a
form that will permit a calculation of the average number
present each month.
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) Accept and hold in behalf of the State, if for the
public interest, a grant, gift, or legacy of money or property
to the State of Illinois, to the Department, or to any
institution or program of the Department made in trust for the
maintenance or support of a resident of an institution of the
Department, or for any other legitimate purpose connected with
any such institution or program. The Department shall cause
each gift, grant, or legacy to be kept as a distinct fund, and
shall invest the gift, grant, or legacy in the manner provided
by the laws of this State as those laws now exist or shall
hereafter be enacted relating to securities in which the
deposits in savings banks may be invested. The Department may,
however, in its discretion, deposit in a proper trust company
or savings bank, during the continuance of the trust, any fund
so left in trust for the life of a person and shall adopt rules
and regulations governing the deposit, transfer, or withdrawal
of the fund. The Department shall, on the expiration of any
trust as provided in any instrument creating the trust, dispose
of the fund thereby created in the manner provided in the
instrument. The Department shall include in its required
reports a statement showing what funds are so held by it and
the condition of the funds. Monies found on residents at the
time of their admission, or accruing to them during their
period of institutional care, and monies deposited with the
superintendents by relatives, guardians, or friends of
residents for the special comfort and pleasure of a resident,
shall remain in the possession of the superintendents, who
shall act as trustees for disbursement to, in behalf of, or for
the benefit of the resident. All types of retirement and
pension benefits from private and public sources may be paid
directly to the superintendent of the institution where the
person is a resident, for deposit to the resident's trust fund
account.
    (j) Appoint, subject to the Personnel Code, persons to be
members of a police and security force. Members of the police
and security force shall be peace officers and as such have all
powers possessed by policemen in cities and sheriffs, including
the power to make arrests on view or warrants of violations of
State statutes or city or county ordinances. These powers may,
however, be exercised only in counties of more than 500,000
population when required for the protection of Department
properties, interests, and personnel, or specifically
requested by appropriate State or local law enforcement
officials. Members of the police and security force may not
serve and execute civil processes.
    (k) Maintain, and deposit receipts from the sale of tickets
to athletic, musical, and other events, fees for participation
in school sponsored tournaments and events, and revenue from
student activities relating to charges for art and woodworking
projects, charges for automobile repairs, and other revenue
generated from student projects into, locally held accounts not
to exceed $20,000 per account for the purposes of (i) providing
immediate payment to officials, judges, and athletic referees
for their services rendered and for other related expenses at
school sponsored contests, tournaments, or events, (ii)
providing payment for expenses related to student revenue
producing activities such as art and woodworking projects,
automotive repair work, and other student activities or
projects that generate revenue and incur expenses, and (iii)
providing students who are enrolled in an independent living
program with cash so that they may fulfill course objectives by
purchasing commodities and other required supplies.
    (l) Advance moneys from its appropriations to be maintained
in locally held accounts at the schools to establish (i) a
"Student Compensation Account" to pay students for work
performed under the student work program, and (ii) a "Student
Activity Travel Account" to pay transportation, meals, and
lodging costs of students, coaches, and activity sponsors while
traveling off campus for sporting events, lessons, and other
activities directly associated with the representation of the
school. Funds in the "Student Compensation Account" shall not
exceed $20,000, and funds in the "Student Activity Travel
Account" shall not exceed $200,000.
    (l-5) Establish a locally held account (referred to as the
Account) to hold, maintain and administer the
Therkelsen/Hansen College Loan Fund (referred to as the Fund).
All cash represented by the Fund shall be transferred from the
State Treasury to the Account. The Department shall promulgate
rules regarding the maintenance and use of the Fund and all
interest earned thereon; the eligibility of potential
borrowers from the Fund; and the awarding and repayment of
loans from the Fund; and other rules as applicable regarding
the Fund. The administration of the Fund and the promulgation
of rules regarding the Fund shall be consistent with the will
of Petrea Therkelsen, which establishes the Fund.
    (m) Promulgate rules of conduct applicable to the residents
of institutions for persons with one or more disabilities. The
rules shall include specific standards to be used by the
Department to determine (i) whether financial restitution
shall be required in the event of losses or damages resulting
from a resident's action and (ii) the ability of the resident
and the resident's parents to pay restitution.
(Source: P.A. 94-887, eff. 6-20-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.