Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0099 Compare Versions

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1-Public Act 103-0058
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4-AN ACT concerning education.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the
8-Removing Barriers to Higher Education Success Act.
9-Section 5. Definition. For purposes of this Act, "public
10-institution of higher education" means the University of
11-Illinois, Southern Illinois University, Chicago State
12-University, Eastern Illinois University, Governors State
13-University, Illinois State University, Northeastern Illinois
14-University, Northern Illinois University, Western Illinois
15-University, a public community college of this State, or any
16-other public university, college, or community college now or
17-hereafter established or authorized by the General Assembly.
18-Section 10. Students with disabilities policy and
19-documentation; dissemination of information.
20-(a) Each public institution of higher education shall
21-adopt a policy that makes any of the documentation described
22-in subsection (b) submitted by an enrolled or admitted student
23-sufficient to establish that the student is an individual with
24-a disability.
25-(b) The policy adopted under subsection (a) must provide
3+1 AN ACT concerning education.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the
7+5 Removing Barriers to Higher Education Success Act.
8+6 Section 5. Definition. For purposes of this Act, "public
9+7 institution of higher education" means the University of
10+8 Illinois, Southern Illinois University, Chicago State
11+9 University, Eastern Illinois University, Governors State
12+10 University, Illinois State University, Northeastern Illinois
13+11 University, Northern Illinois University, Western Illinois
14+12 University, a public community college of this State, or any
15+13 other public university, college, or community college now or
16+14 hereafter established or authorized by the General Assembly.
17+15 Section 10. Students with disabilities policy and
18+16 documentation; dissemination of information.
19+17 (a) Each public institution of higher education shall
20+18 adopt a policy that makes any of the documentation described
21+19 in subsection (b) submitted by an enrolled or admitted student
22+20 sufficient to establish that the student is an individual with
23+21 a disability.
24+22 (b) The policy adopted under subsection (a) must provide
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32-that any of the following documentation submitted by an
33-enrolled or admitted student is sufficient to establish that
34-the student is an individual with a disability:
35-(1) Documentation that the individual has had an
36-individualized education program (IEP) in accordance with
37-Section 614(d) of the federal Individuals with
38-Disabilities Education Act. The public institution of
39-higher education may request additional documentation from
40-an individual who has had an IEP if the IEP was not in
41-effect immediately prior to the date when the individual
42-exited high school.
43-(2) Documentation that the individual has received
44-services or accommodations provided to the individual
45-under a Section 504 plan provided to the individual
46-pursuant to Section 504 of the federal Rehabilitation Act
47-of 1973. The public institution of higher education may
48-request additional documentation from an individual who
49-has received services or accommodations provided to the
50-individual under a Section 504 plan if the Section 504
51-plan was not in effect immediately prior to the date when
52-the individual exited high school.
53-(3) Documentation of a plan or record of service for
54-the individual from a private school, a local educational
55-agency, a State educational agency, or an institution of
56-higher education provided under a Section 504 plan
57-pursuant to Section 504 of the federal Rehabilitation Act
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33+1 that any of the following documentation submitted by an
34+2 enrolled or admitted student is sufficient to establish that
35+3 the student is an individual with a disability:
36+4 (1) Documentation that the individual has had an
37+5 individualized education program (IEP) in accordance with
38+6 Section 614(d) of the federal Individuals with
39+7 Disabilities Education Act. The public institution of
40+8 higher education may request additional documentation from
41+9 an individual who has had an IEP if the IEP was not in
42+10 effect immediately prior to the date when the individual
43+11 exited high school.
44+12 (2) Documentation that the individual has received
45+13 services or accommodations provided to the individual
46+14 under a Section 504 plan provided to the individual
47+15 pursuant to Section 504 of the federal Rehabilitation Act
48+16 of 1973. The public institution of higher education may
49+17 request additional documentation from an individual who
50+18 has received services or accommodations provided to the
51+19 individual under a Section 504 plan if the Section 504
52+20 plan was not in effect immediately prior to the date when
53+21 the individual exited high school.
54+22 (3) Documentation of a plan or record of service for
55+23 the individual from a private school, a local educational
56+24 agency, a State educational agency, or an institution of
57+25 higher education provided under a Section 504 plan
58+26 pursuant to Section 504 of the federal Rehabilitation Act
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60-of 1973 or in accordance with the federal Americans with
61-Disabilities Act of 1990.
62-(4) A record or evaluation from a relevant licensed
63-professional finding that the individual has a disability.
64-(5) A plan or record of disability from another
65-institution of higher education.
66-(6) Documentation of a disability due to military
67-service in the uniformed services.
68-(c) The policy adopted under subsection (a) must be
69-transparent and explicit regarding information about the
70-process by which the public institution of higher education
71-determines eligibility for accommodations for an individual
72-with a disability. Each public institution of higher education
73-shall disseminate such information to students, parents, and
74-faculty in accessible formats, including during any student
75-orientation, and make the information readily available on a
76-public website of the institution.
77-(d) A public institution of higher education may establish
78-less burdensome criteria than the criteria described in this
79-Section to establish whether an enrolled or admitted student
80-is an individual with a disability.
81-Section 15. Establishment of reasonable accommodation. A
82-public institution of higher education shall engage in an
83-interactive process to establish a reasonable accommodation,
84-including requesting additional documentation, if needed, for
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87-an individual pursuant to Section 504 of the federal
88-Rehabilitation Act of 1973 and the federal Americans with
89-Disabilities Act of 1990.
90-Section 90. Construction with federal law. Nothing in this
91-Act shall be construed to conflict with the terms "reasonable
92-accommodation" and "record of such an impairment" under the
93-federal Americans with Disabilities Act of 1990 or the rights
94-or remedies provided under the federal Americans with
95-Disabilities Act of 1990.
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69+1 of 1973 or in accordance with the federal Americans with
70+2 Disabilities Act of 1990.
71+3 (4) A record or evaluation from a relevant licensed
72+4 professional finding that the individual has a disability.
73+5 (5) A plan or record of disability from another
74+6 institution of higher education.
75+7 (6) Documentation of a disability due to military
76+8 service in the uniformed services.
77+9 (c) The policy adopted under subsection (a) must be
78+10 transparent and explicit regarding information about the
79+11 process by which the public institution of higher education
80+12 determines eligibility for accommodations for an individual
81+13 with a disability. Each public institution of higher education
82+14 shall disseminate such information to students, parents, and
83+15 faculty in accessible formats, including during any student
84+16 orientation, and make the information readily available on a
85+17 public website of the institution.
86+18 (d) A public institution of higher education may establish
87+19 less burdensome criteria than the criteria described in this
88+20 Section to establish whether an enrolled or admitted student
89+21 is an individual with a disability.
90+22 Section 15. Establishment of reasonable accommodation. A
91+23 public institution of higher education shall engage in an
92+24 interactive process to establish a reasonable accommodation,
93+25 including requesting additional documentation, if needed, for
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104+1 an individual pursuant to Section 504 of the federal
105+2 Rehabilitation Act of 1973 and the federal Americans with
106+3 Disabilities Act of 1990.
107+4 Section 90. Construction with federal law. Nothing in this
108+5 Act shall be construed to conflict with the terms "reasonable
109+6 accommodation" and "record of such an impairment" under the
110+7 federal Americans with Disabilities Act of 1990 or the rights
111+8 or remedies provided under the federal Americans with
112+9 Disabilities Act of 1990.
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