SB3768 EngrossedLRB103 39303 RJT 69457 b SB3768 Engrossed LRB103 39303 RJT 69457 b SB3768 Engrossed LRB103 39303 RJT 69457 b 1 AN ACT concerning education. 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 Section 5 14-11.02 as follows: 6 (105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02) 7 Sec. 14-11.02. The Philip J. Rock Center and School for 8 the Deafblind. Notwithstanding any other Sections of this 9 Article, the State Board of Education shall develop and 10 operate or contract for the operation of a service center for 11 persons who are deaf-blind. 12 (a) For the purpose of this Section, persons who are 13 deafblind with deaf-blindness are (i) individuals with 14 concomitant hearing and visual impairments, the combination of 15 which causes such severe communication and other developmental 16 and educational needs that they cannot be accommodated in 17 special education programs solely for children with deafness 18 or children with blindness, (ii) individuals with solely a 19 hearing impairment, or (iii) individuals with solely a visual 20 impairment persons who have both auditory and visual 21 impairments, the combination of which causes such severe 22 communication and other developmental, educational, vocational 23 and rehabilitation problems that such persons cannot be SB3768 Engrossed LRB103 39303 RJT 69457 b SB3768 Engrossed- 2 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 2 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 2 - LRB103 39303 RJT 69457 b 1 properly accommodated in special education or vocational 2 rehabilitation programs solely for persons with both hearing 3 and visual disabilities. 4 (b) To be eligible for deafblind deaf-blind services under 5 this Section, a person must have (i) a visual impairment, a 6 hearing and an auditory impairment, or both or (ii) a 7 condition in which there is a progressive loss of hearing, or 8 vision, or both that results in concomitant vision and hearing 9 impairments and that adversely affects educational performance 10 as determined by the multidisciplinary conference. For 11 purposes of this paragraph and Section: 12 (1) (A) A visual impairment shall have the same 13 meaning as in the federal Individuals With Disabilities 14 Education Act and its implementing regulations is defined 15 to mean one or more of the following: (i) corrected visual 16 acuity poorer than 20/70 in the better eye; (ii) 17 restricted visual field of 20 degrees or less in the 18 better eye; (iii) cortical blindness; (iv) does not appear 19 to respond to visual stimulation, which adversely affects 20 educational performance as determined by the 21 multidisciplinary conference. 22 (2) A hearing (B) An auditory impairment shall have 23 the same meaning as in the federal Individuals With 24 Disabilities Education Act and its implementing 25 regulations is defined to mean one or more of the 26 following: (i) a sensorineural or ongoing or chronic SB3768 Engrossed - 2 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 3 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 3 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 3 - LRB103 39303 RJT 69457 b 1 conductive hearing loss with aided sensitivity of 30dB HL 2 or poorer; (ii) functional auditory behavior that is 3 significantly discrepant from the person's present 4 cognitive and/or developmental levels, which adversely 5 affects educational performance as determined by the 6 multidisciplinary conference. 7 (c) Notwithstanding any other provision of Article 14, the 8 The State Board of Education shall is empowered to establish, 9 maintain and operate or contract for the operation of a 10 permanent, statewide, residential education facility 11 state-wide service center known as the Philip J. Rock Center 12 and School that services . The School serves eligible students 13 children between the ages of 3 and 21, unless a student's 22nd 14 birthday occurs during the school year, in which case the 15 student is eligible for such services through the end of the 16 school year. Subject to appropriation, the Philip J. Rock 17 Center and School may provide additional services to 21; the 18 Center serves eligible deafblind persons of all ages. The 19 State Board of Education shall include a line item in its 20 budget to pay the costs of operating and maintaining the 21 Philip J. Rock Center and School. If the Center and School 22 receives appropriated funding to serve eligible deafblind 23 persons of all ages, services Services provided by the Center 24 and School shall include, but are not limited to: 25 (1) identifying Identifying and providing case 26 management of individuals with combined vision and hearing SB3768 Engrossed - 3 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 4 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 4 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 4 - LRB103 39303 RJT 69457 b 1 loss persons who are auditorily and visually impaired; 2 (2) providing Providing families with appropriate 3 information and dissemination of information counseling; 4 (3) providing information to Referring persons who are 5 deafblind about the deaf-blind to appropriate agencies for 6 medical and diagnostic services; 7 (4) referring Referring persons who are deafblind 8 deaf-blind to appropriate agencies for educational, 9 rehabilitation, and support training and care services; 10 (5) developing Developing and expanding services 11 throughout the State to persons who are deafblind 12 deaf-blind. This shall will include ancillary services, 13 such as transportation, so that these persons the 14 individuals can take advantage of the expanded services; 15 (6) maintaining Maintaining a residential-educational 16 training facility, with or without a day program, in the 17 Chicago metropolitan area located near in an area 18 accessible to public transportation; 19 (7) (blank); Receiving, dispensing, and monitoring 20 State and Federal funds to the School and Center 21 designated for services to persons who are deaf-blind; 22 (8) coordinating Coordinating services to persons who 23 are deafblind deaf-blind through all appropriate agencies, 24 including the Department of Children and Family Services 25 and the Department of Human Services; 26 (9) entering Entering into contracts with other SB3768 Engrossed - 4 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 5 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 5 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 5 - LRB103 39303 RJT 69457 b 1 agencies to provide services to persons who are deafblind 2 deaf-blind; 3 (10) (blank); Operating on a no-reject basis. Any 4 individual referred to the Center for service and 5 diagnosed as deaf-blind, as defined in this Act, shall 6 qualify for available services; 7 (11) serving Serving as the information referral 8 clearinghouse for all persons who are deafblind 9 deaf-blind, age 21 and older; and 10 (12) (blank). Providing transition services for 11 students of Philip J. Rock School who are deaf-blind and 12 between the ages of 14 1/2 and 21. 13 (d) For the purposes of employment, the Philip J. Rock 14 Center and School shall be considered its own employer. The 15 State Board of Education shall appoint a chief administrator 16 of the Philip J. Rock Center and School, who shall be employed 17 by the Center and School and shall manage the daily operations 18 of the Center and School. The chief administrator shall have 19 the authority on behalf of the Center and School to: 20 (1) hire, evaluate, discipline, and terminate staff of 21 the Center and School; 22 (2) determine wages, benefits, and other conditions of 23 employment for all Center and School employees; 24 (3) bargain with the exclusive bargaining 25 representative of the employees of the Center and School; 26 (4) develop a budget to be submitted to the State SB3768 Engrossed - 5 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 6 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 6 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 6 - LRB103 39303 RJT 69457 b 1 Board of Education for review and approval; 2 (5) contract for any professional, legal, and 3 educational services necessary for the operation of the 4 Center and School; 5 (6) make all decisions regarding the daily operations 6 of the Center and School; and 7 (7) perform any other duties as set forth in the 8 employment contract for the chief administrator. 9 (e) If the State Board of Education contracts for the 10 fiscal administration of the Philip J. Rock Center and School, 11 then the contract shall be with a school district, special 12 education cooperative, or regional office of education that 13 can serve as the fiscal agent for the Center and School. To the 14 extent possible, the fiscal agent shall be in close geographic 15 proximity to the Center and School. 16 (f) Through the individualized education program process 17 with the student's resident school district, a student who 18 resides at the Philip J. Rock Center and School may be placed 19 in an alternate educational program by the student's 20 individualized education program team. Educational placement 21 and services shall be provided free of charge to the student's 22 resident school district, unless there is tuition associated 23 with the educational placement and services. If the Philip J. 24 Rock Center and School must pay tuition or provide 25 transportation for a student's educational placement and 26 services, such tuition or transportation shall be billed to SB3768 Engrossed - 6 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 7 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 7 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 7 - LRB103 39303 RJT 69457 b 1 the student's resident school district. 2 (g) The Advisory Board for Services for Persons who are 3 deafblind Deaf-Blind shall provide advice to the State 4 Superintendent of Education, the Governor, and the General 5 Assembly on all matters pertaining to policy concerning 6 persons who are deafblind deaf-blind, including the 7 implementation of legislation enacted on their behalf. 8 The Regarding the maintenance, operation and education 9 functions of the Philip J. Rock Center and School, the 10 Advisory Board shall also make recommendations pertaining to 11 but not limited to the following matters: 12 (1) existing Existing and proposed programs of all 13 State agencies that provide services for persons who are 14 deafblind deaf-blind; 15 (2) the The State program and financial plan for 16 deafblind deaf-blind services and the system of priorities 17 to be developed by the State Board of Education; 18 (3) standards Standards for services in facilities 19 serving persons who are deafblind deaf-blind; 20 (4) standards Standards and rates for State payments 21 for any services purchased for persons who are deafblind 22 deaf-blind; 23 (5) services Services and research activities in the 24 field of deafblindness deaf-blindness, including the 25 evaluation of services; and 26 (6) planning Planning for personnel or preparation SB3768 Engrossed - 7 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 8 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 8 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 8 - LRB103 39303 RJT 69457 b 1 personnel/preparation, both preservice and inservice. 2 The Advisory Board shall consist of 3 persons appointed by 3 the Governor; 2 persons appointed by the State Superintendent 4 of Education; 4 persons appointed by the Secretary of Human 5 Services; and 2 persons appointed by the Director of Children 6 and Family Services. The 3 appointments of the Governor shall 7 consist of a senior citizen 60 years of age or older, a 8 consumer who is deaf-blind, and a parent of a person who is 9 deaf-blind; provided that if any gubernatorial appointee 10 serving on the Advisory Board on the effective date of this 11 amendatory Act of 1991 is not either a senior citizen 60 years 12 of age or older or a consumer who is deaf-blind or a parent of 13 a person who is deaf-blind, then whenever that appointee's 14 term of office expires or a vacancy in that appointee's office 15 sooner occurs, the Governor shall make the appointment to fill 16 that office or vacancy in a manner that will result, at the 17 earliest possible time, in the Governor's appointments to the 18 Advisory Board being comprised of one senior citizen 60 years 19 of age or older, one consumer who is deaf-blind, and one parent 20 of a person who is deaf-blind. One person designated by each 21 agency other than the Department of Human Services may be an 22 employee of that agency. Two persons appointed by the 23 Secretary of Human Services may be employees of the Department 24 of Human Services. The appointments of each appointing 25 authority other than the Governor shall include at least one 26 parent of an individual who is deafblind deaf-blind or a SB3768 Engrossed - 8 - LRB103 39303 RJT 69457 b SB3768 Engrossed- 9 -LRB103 39303 RJT 69457 b SB3768 Engrossed - 9 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 9 - LRB103 39303 RJT 69457 b SB3768 Engrossed - 9 - LRB103 39303 RJT 69457 b