Public Act 1045 103RD GENERAL ASSEMBLY

SB3768 Enrolled LRB103 39303 RJT 69457 b

Public Act 103-1045

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 14-11.02 as follows:

(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)

Sec. 14-11.02. The Philip J. Rock Center and School for the Deafblind. Notwithstanding any other Sections of this Article, the State Board of Education shall develop and operate or contract for the operation of a service center for persons who are deaf-blind.

(a) For the purpose of this Section, persons who are deafblind with deaf-blindness are (i) individuals with concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness, (ii) individuals with solely a hearing impairment, or (iii) individuals with solely a visual impairment persons who have both auditory and visual impairments, the combination of which causes such severe communication and other developmental, educational, vocational and rehabilitation problems that such persons cannot be properly accommodated in special education or vocational rehabilitation programs solely for persons with both hearing and visual disabilities.

(b) To be eligible for deafblind deaf-blind services under this Section, a person must have (i) a visual impairment, a hearing and an auditory impairment, or both or (ii) a condition in which there is a progressive loss of hearing, or vision, or both that results in concomitant vision and hearing impairments and that adversely affects educational performance as determined by the multidisciplinary conference. For purposes of this paragraph and Section:

(1) (A) A visual impairment shall have the same meaning as in the federal Individuals With Disabilities Education Act and its implementing regulations is defined to mean one or more of the following: (i) corrected visual acuity poorer than 20/70 in the better eye; (ii) restricted visual field of 20 degrees or less in the better eye; (iii) cortical blindness; (iv) does not appear to respond to visual stimulation, which adversely affects educational performance as determined by the multidisciplinary conference.

(2) A hearing (B) An auditory impairment shall have the same meaning as in the federal Individuals With Disabilities Education Act and its implementing regulations is defined to mean one or more of the following: (i) a sensorineural or ongoing or chronic conductive hearing loss with aided sensitivity of 30dB HL or poorer; (ii) functional auditory behavior that is significantly discrepant from the person's present cognitive and/or developmental levels, which adversely affects educational performance as determined by the multidisciplinary conference.

(c) Notwithstanding any other provision of Article 14, the The State Board of Education shall is empowered to establish, maintain and operate or contract for the operation of a permanent, statewide, residential education facility state-wide service center known as the Philip J. Rock Center and School that services . The School serves eligible students children between the ages of 3 and 21, unless a student's 22nd birthday occurs during the school year, in which case the student is eligible for such services through the end of the school year. Subject to appropriation, the Philip J. Rock Center and School may provide additional services to 21; the Center serves eligible deafblind persons of all ages. The State Board of Education shall include a line item in its budget to pay the costs of operating and maintaining the Philip J. Rock Center and School. If the Center and School receives appropriated funding to serve eligible deafblind persons of all ages, services Services provided by the Center and School shall include, but are not limited to:

(1) identifying Identifying and providing case management of individuals with combined vision and hearing loss persons who are auditorily and visually impaired;

(2) providing Providing families with appropriate information and dissemination of information counseling;

(3) providing information to Referring persons who are deafblind about the deaf-blind to appropriate agencies for medical and diagnostic services;

(4) referring Referring persons who are deafblind deaf-blind to appropriate agencies for educational, rehabilitation, and support training and care services;

(5) developing Developing and expanding services throughout the State to persons who are deafblind deaf-blind. This shall will include ancillary services, such as transportation, so that these persons the individuals can take advantage of the expanded services;

(6) maintaining Maintaining a residential-educational training facility, with or without a day program, in the Chicago metropolitan area located near in an area accessible to public transportation;

(7) (blank); Receiving, dispensing, and monitoring State and Federal funds to the School and Center designated for services to persons who are deaf-blind;

(8) coordinating Coordinating services to persons who are deafblind deaf-blind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;

(9) entering Entering into contracts with other agencies to provide services to persons who are deafblind deaf-blind;

(10) (blank); Operating on a no-reject basis. Any individual referred to the Center for service and diagnosed as deaf-blind, as defined in this Act, shall qualify for available services;

(11) serving Serving as the information referral clearinghouse for all persons who are deafblind deaf-blind, age 21 and older; and

(12) (blank). Providing transition services for students of Philip J. Rock School who are deaf-blind and between the ages of 14 1/2 and 21.

Priority of services shall be given to students referred to the Philip J. Rock Center and School who qualify as individuals with concomitant hearing and visual impairments under clause (i) of subsection (a) of this Section or who are eligible for special education services under the category of deafblind. Such a student may not be denied enrollment unless the student's placement in the Center and School would endanger the health or safety of any other student.

(d) For the purposes of employment, the Philip J. Rock Center and School shall be considered its own employer. The State Board of Education shall appoint a chief administrator of the Philip J. Rock Center and School, who shall be employed by the Center and School and shall manage the daily operations of the Center and School. The chief administrator shall have the authority on behalf of the Center and School to:

(1) hire, evaluate, discipline, and terminate staff of the Center and School;

(2) determine wages, benefits, and other conditions of employment for all Center and School employees;

(3) bargain with the exclusive bargaining representative of the employees of the Center and School;

(4) develop a budget to be submitted to the State Board of Education for review and approval;

(5) contract for any professional, legal, and educational services necessary for the operation of the Center and School;

(6) make all decisions regarding the daily operations of the Center and School; and

(7) perform any other duties as set forth in the employment contract for the chief administrator.

(e) If the State Board of Education contracts for the fiscal administration of the Philip J. Rock Center and School, then the contract shall be with a school district, special education cooperative, or regional office of education that can serve as the fiscal agent for the Center and School. To the extent possible, the fiscal agent shall be in close geographic proximity to the Center and School.

(f) Through the individualized education program process with the student's resident school district, a student who resides at the Philip J. Rock Center and School may be placed in an alternate educational program by the student's individualized education program team. Educational placement and services shall be provided free of charge to the student's resident school district, unless there is tuition associated with the educational placement and services. If the Philip J. Rock Center and School must pay tuition or provide transportation for a student's educational placement and services, such tuition or transportation shall be billed to the student's resident school district.

(g) The Advisory Board for Services for Persons who are deafblind Deaf-Blind shall provide advice to the State Superintendent of Education, the Governor, and the General Assembly on all matters pertaining to policy concerning persons who are deafblind deaf-blind, including the implementation of legislation enacted on their behalf.

The Regarding the maintenance, operation and education functions of the Philip J. Rock Center and School, the Advisory Board shall also make recommendations pertaining to but not limited to the following matters:

(1) existing Existing and proposed programs of all State agencies that provide services for persons who are deafblind deaf-blind;

(2) the The State program and financial plan for deafblind deaf-blind services and the system of priorities to be developed by the State Board of Education;

(3) standards Standards for services in facilities serving persons who are deafblind deaf-blind;

(4) standards Standards and rates for State payments for any services purchased for persons who are deafblind deaf-blind;

(5) services Services and research activities in the field of deafblindness deaf-blindness, including the evaluation of services; and

(6) planning Planning for personnel or preparation personnel/preparation, both preservice and inservice.

The Advisory Board shall consist of 3 persons appointed by the Governor; 2 persons appointed by the State Superintendent of Education; 4 persons appointed by the Secretary of Human Services; and 2 persons appointed by the Director of Children and Family Services. The 3 appointments of the Governor shall consist of a senior citizen 60 years of age or older, a consumer who is deaf-blind, and a parent of a person who is deaf-blind; provided that if any gubernatorial appointee serving on the Advisory Board on the effective date of this amendatory Act of 1991 is not either a senior citizen 60 years of age or older or a consumer who is deaf-blind or a parent of a person who is deaf-blind, then whenever that appointee's term of office expires or a vacancy in that appointee's office sooner occurs, the Governor shall make the appointment to fill that office or vacancy in a manner that will result, at the earliest possible time, in the Governor's appointments to the Advisory Board being comprised of one senior citizen 60 years of age or older, one consumer who is deaf-blind, and one parent of a person who is deaf-blind. One person designated by each agency other than the Department of Human Services may be an employee of that agency. Two persons appointed by the Secretary of Human Services may be employees of the Department of Human Services. The appointments of each appointing authority other than the Governor shall include at least one parent of an individual who is deafblind deaf-blind or a person who is deafblind deaf-blind.

Vacancies in terms shall be filled by the original appointing authority. After the original terms, all terms shall be for 3 years.

Except for those members of the Advisory Board who are compensated for State service on a full-time basis, members shall be reimbursed for all actual expenses incurred in the performance of their duties. Each member who is not compensated for State service on a full-time basis shall be compensated at a rate of $50 per day which he spends on Advisory Board duties. The Advisory Board shall meet at least 2 4 times per year and not more than 12 times per year.

The State Board of Education Advisory Board shall provide support to the Advisory Board for its own organization.

Six members of the Advisory Board shall constitute a quorum. The affirmative vote of a majority of all members of the Advisory Board shall be necessary for any action taken by the Advisory Board.

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