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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
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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
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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
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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
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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 Priority of services shall be given to students referred
14 to the Philip J. Rock Center and School who qualify as
15 individuals with concomitant hearing and visual impairments
16 under clause (i) of subsection (a) of this Section or who are
17 eligible for special education services under the category of
18 deafblind. Such a student may not be denied enrollment unless
19 the student's placement in the Center and School would
20 endanger the health or safety of any other student.
21 (d) For the purposes of employment, the Philip J. Rock
22 Center and School shall be considered its own employer. The
23 State Board of Education shall appoint a chief administrator
24 of the Philip J. Rock Center and School, who shall be employed
25 by the Center and School and shall manage the daily operations
26 of the Center and School. The chief administrator shall have
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1 the authority on behalf of the Center and School to:
2 (1) hire, evaluate, discipline, and terminate staff of
3 the Center and School;
4 (2) determine wages, benefits, and other conditions of
5 employment for all Center and School employees;
6 (3) bargain with the exclusive bargaining
7 representative of the employees of the Center and School;
8 (4) develop a budget to be submitted to the State
9 Board of Education for review and approval;
10 (5) contract for any professional, legal, and
11 educational services necessary for the operation of the
12 Center and School;
13 (6) make all decisions regarding the daily operations
14 of the Center and School; and
15 (7) perform any other duties as set forth in the
16 employment contract for the chief administrator.
17 (e) If the State Board of Education contracts for the
18 fiscal administration of the Philip J. Rock Center and School,
19 then the contract shall be with a school district, special
20 education cooperative, or regional office of education that
21 can serve as the fiscal agent for the Center and School. To the
22 extent possible, the fiscal agent shall be in close geographic
23 proximity to the Center and School.
24 (f) Through the individualized education program process
25 with the student's resident school district, a student who
26 resides at the Philip J. Rock Center and School may be placed
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1 in an alternate educational program by the student's
2 individualized education program team. Educational placement
3 and services shall be provided free of charge to the student's
4 resident school district, unless there is tuition associated
5 with the educational placement and services. If the Philip J.
6 Rock Center and School must pay tuition or provide
7 transportation for a student's educational placement and
8 services, such tuition or transportation shall be billed to
9 the student's resident school district.
10 (g) The Advisory Board for Services for Persons who are
11 deafblind Deaf-Blind shall provide advice to the State
12 Superintendent of Education, the Governor, and the General
13 Assembly on all matters pertaining to policy concerning
14 persons who are deafblind deaf-blind, including the
15 implementation of legislation enacted on their behalf.
16 The Regarding the maintenance, operation and education
17 functions of the Philip J. Rock Center and School, the
18 Advisory Board shall also make recommendations pertaining to
19 but not limited to the following matters:
20 (1) existing Existing and proposed programs of all
21 State agencies that provide services for persons who are
22 deafblind deaf-blind;
23 (2) the The State program and financial plan for
24 deafblind deaf-blind services and the system of priorities
25 to be developed by the State Board of Education;
26 (3) standards Standards for services in facilities
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1 serving persons who are deafblind deaf-blind;
2 (4) standards Standards and rates for State payments
3 for any services purchased for persons who are deafblind
4 deaf-blind;
5 (5) services Services and research activities in the
6 field of deafblindness deaf-blindness, including the
7 evaluation of services; and
8 (6) planning Planning for personnel or preparation
9 personnel/preparation, both preservice and inservice.
10 The Advisory Board shall consist of 3 persons appointed by
11 the Governor; 2 persons appointed by the State Superintendent
12 of Education; 4 persons appointed by the Secretary of Human
13 Services; and 2 persons appointed by the Director of Children
14 and Family Services. The 3 appointments of the Governor shall
15 consist of a senior citizen 60 years of age or older, a
16 consumer who is deaf-blind, and a parent of a person who is
17 deaf-blind; provided that if any gubernatorial appointee
18 serving on the Advisory Board on the effective date of this
19 amendatory Act of 1991 is not either a senior citizen 60 years
20 of age or older or a consumer who is deaf-blind or a parent of
21 a person who is deaf-blind, then whenever that appointee's
22 term of office expires or a vacancy in that appointee's office
23 sooner occurs, the Governor shall make the appointment to fill
24 that office or vacancy in a manner that will result, at the
25 earliest possible time, in the Governor's appointments to the
26 Advisory Board being comprised of one senior citizen 60 years
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1 of age or older, one consumer who is deaf-blind, and one parent
2 of a person who is deaf-blind. One person designated by each
3 agency other than the Department of Human Services may be an
4 employee of that agency. Two persons appointed by the
5 Secretary of Human Services may be employees of the Department
6 of Human Services. The appointments of each appointing
7 authority other than the Governor shall include at least one
8 parent of an individual who is deafblind deaf-blind or a
9 person who is deafblind deaf-blind.
10 Vacancies in terms shall be filled by the original
11 appointing authority. After the original terms, all terms
12 shall be for 3 years.
13 Except for those members of the Advisory Board who are
14 compensated for State service on a full-time basis, members
15 shall be reimbursed for all actual expenses incurred in the
16 performance of their duties. Each member who is not
17 compensated for State service on a full-time basis shall be
18 compensated at a rate of $50 per day which he spends on
19 Advisory Board duties. The Advisory Board shall meet at least
20 2 4 times per year and not more than 12 times per year.
21 The State Board of Education Advisory Board shall provide
22 support to the Advisory Board for its own organization.
23 Six members of the Advisory Board shall constitute a
24 quorum. The affirmative vote of a majority of all members of
25 the Advisory Board shall be necessary for any action taken by
26 the Advisory Board.
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