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Illinois Senate Bill SB3768

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3768 Compare Versions

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1-Public Act 103-1045
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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 5. The School Code is amended by changing Section
8-14-11.02 as follows:
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 5. The School Code is amended by changing Section
7+5 14-11.02 as follows:
8+6 (105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
9+7 Sec. 14-11.02. The Philip J. Rock Center and School for
10+8 the Deafblind. Notwithstanding any other Sections of this
11+9 Article, the State Board of Education shall develop and
12+10 operate or contract for the operation of a service center for
13+11 persons who are deaf-blind.
14+12 (a) For the purpose of this Section, persons who are
15+13 deafblind with deaf-blindness are (i) individuals with
16+14 concomitant hearing and visual impairments, the combination of
17+15 which causes such severe communication and other developmental
18+16 and educational needs that they cannot be accommodated in
19+17 special education programs solely for children with deafness
20+18 or children with blindness, (ii) individuals with solely a
21+19 hearing impairment, or (iii) individuals with solely a visual
22+20 impairment persons who have both auditory and visual
23+21 impairments, the combination of which causes such severe
24+22 communication and other developmental, educational, vocational
25+23 and rehabilitation problems that such persons cannot be
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34+1 properly accommodated in special education or vocational
35+2 rehabilitation programs solely for persons with both hearing
36+3 and visual disabilities.
37+4 (b) To be eligible for deafblind deaf-blind services under
38+5 this Section, a person must have (i) a visual impairment, a
39+6 hearing and an auditory impairment, or both or (ii) a
40+7 condition in which there is a progressive loss of hearing, or
41+8 vision, or both that results in concomitant vision and hearing
42+9 impairments and that adversely affects educational performance
43+10 as determined by the multidisciplinary conference. For
44+11 purposes of this paragraph and Section:
45+12 (1) (A) A visual impairment shall have the same
46+13 meaning as in the federal Individuals With Disabilities
47+14 Education Act and its implementing regulations is defined
48+15 to mean one or more of the following: (i) corrected visual
49+16 acuity poorer than 20/70 in the better eye; (ii)
50+17 restricted visual field of 20 degrees or less in the
51+18 better eye; (iii) cortical blindness; (iv) does not appear
52+19 to respond to visual stimulation, which adversely affects
53+20 educational performance as determined by the
54+21 multidisciplinary conference.
55+22 (2) A hearing (B) An auditory impairment shall have
56+23 the same meaning as in the federal Individuals With
57+24 Disabilities Education Act and its implementing
58+25 regulations is defined to mean one or more of the
59+26 following: (i) a sensorineural or ongoing or chronic
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70+1 conductive hearing loss with aided sensitivity of 30dB HL
71+2 or poorer; (ii) functional auditory behavior that is
72+3 significantly discrepant from the person's present
73+4 cognitive and/or developmental levels, which adversely
74+5 affects educational performance as determined by the
75+6 multidisciplinary conference.
76+7 (c) Notwithstanding any other provision of Article 14, the
77+8 The State Board of Education shall is empowered to establish,
78+9 maintain and operate or contract for the operation of a
79+10 permanent, statewide, residential education facility
80+11 state-wide service center known as the Philip J. Rock Center
81+12 and School that services . The School serves eligible students
82+13 children between the ages of 3 and 21, unless a student's 22nd
83+14 birthday occurs during the school year, in which case the
84+15 student is eligible for such services through the end of the
85+16 school year. Subject to appropriation, the Philip J. Rock
86+17 Center and School may provide additional services to 21; the
87+18 Center serves eligible deafblind persons of all ages. The
88+19 State Board of Education shall include a line item in its
89+20 budget to pay the costs of operating and maintaining the
90+21 Philip J. Rock Center and School. If the Center and School
91+22 receives appropriated funding to serve eligible deafblind
92+23 persons of all ages, services Services provided by the Center
93+24 and School shall include, but are not limited to:
94+25 (1) identifying Identifying and providing case
95+26 management of individuals with combined vision and hearing
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106+1 loss persons who are auditorily and visually impaired;
107+2 (2) providing Providing families with appropriate
108+3 information and dissemination of information counseling;
109+4 (3) providing information to Referring persons who are
110+5 deafblind about the deaf-blind to appropriate agencies for
111+6 medical and diagnostic services;
112+7 (4) referring Referring persons who are deafblind
113+8 deaf-blind to appropriate agencies for educational,
114+9 rehabilitation, and support training and care services;
115+10 (5) developing Developing and expanding services
116+11 throughout the State to persons who are deafblind
117+12 deaf-blind. This shall will include ancillary services,
118+13 such as transportation, so that these persons the
119+14 individuals can take advantage of the expanded services;
120+15 (6) maintaining Maintaining a residential-educational
121+16 training facility, with or without a day program, in the
122+17 Chicago metropolitan area located near in an area
123+18 accessible to public transportation;
124+19 (7) (blank); Receiving, dispensing, and monitoring
125+20 State and Federal funds to the School and Center
126+21 designated for services to persons who are deaf-blind;
127+22 (8) coordinating Coordinating services to persons who
128+23 are deafblind deaf-blind through all appropriate agencies,
129+24 including the Department of Children and Family Services
130+25 and the Department of Human Services;
131+26 (9) entering Entering into contracts with other
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142+1 agencies to provide services to persons who are deafblind
143+2 deaf-blind;
144+3 (10) (blank); Operating on a no-reject basis. Any
145+4 individual referred to the Center for service and
146+5 diagnosed as deaf-blind, as defined in this Act, shall
147+6 qualify for available services;
148+7 (11) serving Serving as the information referral
149+8 clearinghouse for all persons who are deafblind
150+9 deaf-blind, age 21 and older; and
151+10 (12) (blank). Providing transition services for
152+11 students of Philip J. Rock School who are deaf-blind and
153+12 between the ages of 14 1/2 and 21.
154+13 Priority of services shall be given to students referred
155+14 to the Philip J. Rock Center and School who qualify as
156+15 individuals with concomitant hearing and visual impairments
157+16 under clause (i) of subsection (a) of this Section or who are
158+17 eligible for special education services under the category of
159+18 deafblind. Such a student may not be denied enrollment unless
160+19 the student's placement in the Center and School would
161+20 endanger the health or safety of any other student.
162+21 (d) For the purposes of employment, the Philip J. Rock
163+22 Center and School shall be considered its own employer. The
164+23 State Board of Education shall appoint a chief administrator
165+24 of the Philip J. Rock Center and School, who shall be employed
166+25 by the Center and School and shall manage the daily operations
167+26 of the Center and School. The chief administrator shall have
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178+1 the authority on behalf of the Center and School to:
179+2 (1) hire, evaluate, discipline, and terminate staff of
180+3 the Center and School;
181+4 (2) determine wages, benefits, and other conditions of
182+5 employment for all Center and School employees;
183+6 (3) bargain with the exclusive bargaining
184+7 representative of the employees of the Center and School;
185+8 (4) develop a budget to be submitted to the State
186+9 Board of Education for review and approval;
187+10 (5) contract for any professional, legal, and
188+11 educational services necessary for the operation of the
189+12 Center and School;
190+13 (6) make all decisions regarding the daily operations
191+14 of the Center and School; and
192+15 (7) perform any other duties as set forth in the
193+16 employment contract for the chief administrator.
194+17 (e) If the State Board of Education contracts for the
195+18 fiscal administration of the Philip J. Rock Center and School,
196+19 then the contract shall be with a school district, special
197+20 education cooperative, or regional office of education that
198+21 can serve as the fiscal agent for the Center and School. To the
199+22 extent possible, the fiscal agent shall be in close geographic
200+23 proximity to the Center and School.
201+24 (f) Through the individualized education program process
202+25 with the student's resident school district, a student who
203+26 resides at the Philip J. Rock Center and School may be placed
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214+1 in an alternate educational program by the student's
215+2 individualized education program team. Educational placement
216+3 and services shall be provided free of charge to the student's
217+4 resident school district, unless there is tuition associated
218+5 with the educational placement and services. If the Philip J.
219+6 Rock Center and School must pay tuition or provide
220+7 transportation for a student's educational placement and
221+8 services, such tuition or transportation shall be billed to
222+9 the student's resident school district.
223+10 (g) The Advisory Board for Services for Persons who are
224+11 deafblind Deaf-Blind shall provide advice to the State
225+12 Superintendent of Education, the Governor, and the General
226+13 Assembly on all matters pertaining to policy concerning
227+14 persons who are deafblind deaf-blind, including the
228+15 implementation of legislation enacted on their behalf.
229+16 The Regarding the maintenance, operation and education
230+17 functions of the Philip J. Rock Center and School, the
231+18 Advisory Board shall also make recommendations pertaining to
232+19 but not limited to the following matters:
233+20 (1) existing Existing and proposed programs of all
234+21 State agencies that provide services for persons who are
235+22 deafblind deaf-blind;
236+23 (2) the The State program and financial plan for
237+24 deafblind deaf-blind services and the system of priorities
238+25 to be developed by the State Board of Education;
239+26 (3) standards Standards for services in facilities
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250+1 serving persons who are deafblind deaf-blind;
251+2 (4) standards Standards and rates for State payments
252+3 for any services purchased for persons who are deafblind
253+4 deaf-blind;
254+5 (5) services Services and research activities in the
255+6 field of deafblindness deaf-blindness, including the
256+7 evaluation of services; and
257+8 (6) planning Planning for personnel or preparation
258+9 personnel/preparation, both preservice and inservice.
259+10 The Advisory Board shall consist of 3 persons appointed by
260+11 the Governor; 2 persons appointed by the State Superintendent
261+12 of Education; 4 persons appointed by the Secretary of Human
262+13 Services; and 2 persons appointed by the Director of Children
263+14 and Family Services. The 3 appointments of the Governor shall
264+15 consist of a senior citizen 60 years of age or older, a
265+16 consumer who is deaf-blind, and a parent of a person who is
266+17 deaf-blind; provided that if any gubernatorial appointee
267+18 serving on the Advisory Board on the effective date of this
268+19 amendatory Act of 1991 is not either a senior citizen 60 years
269+20 of age or older or a consumer who is deaf-blind or a parent of
270+21 a person who is deaf-blind, then whenever that appointee's
271+22 term of office expires or a vacancy in that appointee's office
272+23 sooner occurs, the Governor shall make the appointment to fill
273+24 that office or vacancy in a manner that will result, at the
274+25 earliest possible time, in the Governor's appointments to the
275+26 Advisory Board being comprised of one senior citizen 60 years
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286+1 of age or older, one consumer who is deaf-blind, and one parent
287+2 of a person who is deaf-blind. One person designated by each
288+3 agency other than the Department of Human Services may be an
289+4 employee of that agency. Two persons appointed by the
290+5 Secretary of Human Services may be employees of the Department
291+6 of Human Services. The appointments of each appointing
292+7 authority other than the Governor shall include at least one
293+8 parent of an individual who is deafblind deaf-blind or a
294+9 person who is deafblind deaf-blind.
295+10 Vacancies in terms shall be filled by the original
296+11 appointing authority. After the original terms, all terms
297+12 shall be for 3 years.
298+13 Except for those members of the Advisory Board who are
299+14 compensated for State service on a full-time basis, members
300+15 shall be reimbursed for all actual expenses incurred in the
301+16 performance of their duties. Each member who is not
302+17 compensated for State service on a full-time basis shall be
303+18 compensated at a rate of $50 per day which he spends on
304+19 Advisory Board duties. The Advisory Board shall meet at least
305+20 2 4 times per year and not more than 12 times per year.
306+21 The State Board of Education Advisory Board shall provide
307+22 support to the Advisory Board for its own organization.
308+23 Six members of the Advisory Board shall constitute a
309+24 quorum. The affirmative vote of a majority of all members of
310+25 the Advisory Board shall be necessary for any action taken by
311+26 the Advisory Board.
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