PART 830 NON-ACADEMIC PROGRAMS AND POLICIES : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER f: EDUCATION FACILITIES
PART 830 NON-ACADEMIC PROGRAMS AND POLICIES


AUTHORITY: Implementing Sections 10 and 11 and authorized by Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10, 11 and 3(f)].

SOURCE: Adopted at 11 Ill. Reg. 15097, effective September 16, 1987; amended at 12 Ill. Reg. 14304, effective August 29, 1988; amended at 15 Ill. Reg. 6272, effective April 15, 1991; amended at 15 Ill. Reg. 17370, effective November 19, 1991; amended at 17 Ill. Reg. 6248, effective April 5, 1993; amended at 18 Ill. Reg. 14240, effective September 1, 1994; amended at 19 Ill. Reg. 15737, effective November 7, 1995; amended at 20 Ill. Reg. 15610, effective November 22, 1996; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 10220, effective August 10, 1999; amended at 24 Ill. Reg. 8891, effective June 13, 2000.

 

Section 830.10  The Taking and Using of Students' Photographs

 

a)         Department of Human Services (DHS) employees will not be permitted to take or use a photograph of a student which would demean or embarrass the student or would not be considered by reasonable viewers to represent the student in a positive or favorable manner.  Photographs of a student will only be taken or used by a DHS employee when the permission of the student's parent or guardian, or the student (when the student is 18 or over) has been obtained.

 

b)         The superintendent of the State School shall not authorize any person(s) not employed by DHS to photograph a student on campus, nor will the State School provide a photograph to such a person(s) unless the superintendent or designee knows the purpose for which the picture will be used and has assurance that that person(s) will observe the standards as set forth in subsection (a). Insofar as possible, photographs of a student will only be taken or used when the permission of the student's parent or guardian, or the student (when the student is 18 or over) has been obtained.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.15  Locally Held Funds

 

a)         Pursuant to 20 ILCS 2405/13(i), Illinois School for the Deaf (ISD), Illinois School for the Visually Impaired (ISVI), and Illinois Center for Rehabilitation and Education - Roosevelt (ICRE-R) shall each maintain accounts of Locally held funds for the purpose of providing benefits, amusement, and special services to the students of each State School.

 

b)         Locally held funds are non-appropriated monies received by either ISD, ISVI, or ICRE-R from any source including grants, bequests, and gifts.

 

c)         All Locally held funds shall be established and all activity regarding the funds reported pursuant to Section 33.10 of the Comptroller's Unified Statewide Accounting System (CUSAS).

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.20  Needy Student Fund

 

a)         Each State School shall maintain a Needy Student Fund to provide for the special comfort, pleasure and amusement of the students, or for students having few or no personal financial resources.

 

b)         All interest and income earned on student trust funds and funds specifically donated for the purpose of providing support for students having few or no personal financial resources shall be deposited in this fund.

 

c)         Expenditures from this fund may be authorized by the superintendent at the request of a student and/or staff member for the purposes stated in subsection (a).  In determining whether to authorize expenditures from the Needy Student Fund, the superintendent shall consider the amount of funds available, the purpose of the expenditure, and the needs and resources of the student.  Documentation of all expenditures must be maintained.

 

d)         These funds and the records pertaining to such funds shall be subject to audit by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.30  Student Trust Fund

 

a)         Students are encouraged not to keep substantial amounts of money, based on the age and maturity level of each student, on their persons or in their rooms, but to deposit it in the Student Trust Fund.  Money can be deposited in the Student Trust Fund by the student or parents in person or by mail. A receipt shall be provided to the depositor.

 

b)         Any restrictions or special considerations which the parents wish to apply to the student's withdrawals from the Trust Fund must be communicated in writing to the superintendent each year or when changes are to be made.

 

c)         Students may make withdrawals, subject to any limitations the parents have imposed as set forth in subsection (b), of their money from the Trust Fund in increments of their choosing.  However, if a student requests an unusually large amount, based on the age and maturity level of each student, he or she shall be asked to explain the need and the parents will be contacted before the request will be approved. A dated, signed form acknowledging receipt must be completed at the time of withdrawal.

 

d)         Parents or the students will be informed of the student's balance in the fund on a quarterly basis.

 

e)         The Student Trust Fund is subject to the usual accounting controls (74 Ill. Adm. Code 245) and to audits by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.35  Student Activity Fund

 

a)         Student activity fees and year book costs, based on program costs, may be established by the superintendent at each school prior to the beginning of each academic year.  These fees should be paid at the beginning of the school year.  The Needy Student Fund is available to assist in paying a student's activity fees, in accordance with Section 830.20.

 

b)         All student activity fees shall be placed in a locally held fund and may be spent for the special comfort, pleasure and amusement of the students. Documentation of all expenditures must be maintained.

 

c)         These funds and the records pertaining to such funds shall be subject to audit by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 24 Ill. Reg. 8891, effective June 13, 2000)

 

Section 830.40  Valuables

 

A State School has no responsibility or authority to provide funds to replace or repair the student's personal valuables, e.g., jewelry, radios, televisions, tape recorders, which are lost, damaged, or stolen unless due to staff negligence.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.50  Health Services

 

a)         The State Schools will provide school health services, including routine services such as cough medicine, bandages, cotton swabs, and non-prescription drugs, and occupational and physical therapy.  A seven day a week health center is provided at ISD to serve the students of ISD and ISVI who are too ill to stay in the dormitory, but not sufficiently ill to require hospitalization. There is an infirmary at ICRE-R for students requiring routine health services, as well.  ICRE-R does not provide services required at a hospital or that are beyond the scope of medical facilities at ICRE-R.

 

b)         Responsibility for costs associated with related services requiring medical devices or the services of a physician will be determined through the IEP process.

 

c)         Parents are not required to use private insurance proceeds to pay for services that must be provided under the Individuals with Disabilities Act (IDEA) (14 USCA 1400 et seq.) or under an IEP unless they will incur no financial cost.  Financial cost includes a deductible or co-pay amount, a decrease in available lifetime coverage or any other benefit under an insurance policy or an increase in premiums or the discontinuation of the policy, but does not include time, postage or other incidental costs.

 

d)         Parents are expected to use their own resources, including private insurance, and to apply for Medicaid, if appropriate, to pay for services for their children not required to be provided by the State Schools under this Part or by the local school district under IDEA or Illinois State law.

 

e)         Assistance will be provided to parents in locating medical services beyond those described in subsections (b) and (c) of this Section.  DHS-ORS State Schools will not pay for such services.

 

f)         If a student receives medical treatment other than that prescribed by school health officials, the parents/guardian must inform school staff of such treatment and provide written medical information pertinent to that treatment.

 

g)         Each State School shall comply with Section 27-8.1 of the School Code [105 ILCS 5/27-8.1] in matters pertaining to immunization of its students.  In addition, at the direction of the State School's physician and superintendent, authorized medical staff at the State School shall immunize students for communicable diseases provided:  

 

1)         the Illinois Department of Public Health (DPH) recommended the immunization due to a time limitation or unusual situation;

 

2)         the local public health agency provides the vaccine at no cost to the State School or the superintendent determines, in consultation with the school physician, an emergency situation exists and the need is so urgent that the vaccine should be purchased from State School funds; and

 

3)         the parents have given their consent if the student is under 18 years of age, or the student has given his or her consent if the student is 18 years old or older.

 

h)         HIV Testing.

 

1)         In compliance with the AIDS Confidentiality Act [410 ILCS 305] (AIDS Act) and rules of the Department of Public Health (77 Ill. Adm. Code 697 − AIDS Confidentiality and Testing Code), a student may not be tested for human immunodeficiency virus (HIV) unless:

 

A)        the student or legally authorized representative consents in writing, or

 

B)        a DHS' State School employee has had an accidental direct skin or mucous membrane contact with the student's blood or body fluids which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgement.

 

2)         Test Information and Counseling.  In compliance with the AIDS Act [410 ILCS 305], if an HIV test is ordered by a school physician, whether or not written or informed consent of the student or legally authorized representative has been given, the physician must provide the student with information, including:

 

A)        the meaning of test results;

 

B)        additional or confirmatory testing, when appropriate; and

 

C)        referrals for further information or counseling.

 

3)         Disclosure of test results.  The person performing the test shall only disclose results to the following people, who shall not redisclose the results, except as authorized by the AIDS Act:

 

A)        the student or his or her legally authorized representative;

 

B)        anyone designated in an express release executed by the student or legally authorized representative;

 

C)        the State School employee who has had accidental contact as described in subsection (f)(2) above;

 

D)        the DPH (any redisclosure by a DPH employee in violation of the AIDS Confidentiality Act will result in disciplinary action taken by DPH); and

 

E)        an employee of the State School if he or she provides the student with medical services or such care as may involve contact with blood or body fluids of a student and the employee has a need to know such information (e.g., an employee has been involved in accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual with AIDS). Any redisclosure by a DHS' employee in violation of the AIDS Confidentiality Act will result in disciplinary action taken by DHS.

 

i)          In compliance with the Communicable Disease Prevention Act [410 ILCS 315] the Department of  Public Health or local public health department shall inform the facility administrator that a student has been diagnosed as having AIDS or AIDS-related complex or has been exposed to HIV.  The facility administrator shall not disclose such information except to the following (who shall not redisclose the results except as authorized by the AIDS Act) and then only if the facility administrator finds it necessary for the safe and effective administration of the State School and its programs:

 

1)         the principal of the State School;

 

2)         the teachers in whose classes the student is enrolled;

 

3)         the Infectious Disease Control Committee (i.e. facility administrator, head nurse and facility physician);

 

4)         the school nurse; and

 

5)         any other person that the facility administrator deems has a need to know who has been involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual with AIDS, but the student's identity must remain confidential.

 

j)          Each State School will adhere to a consistent policy with regard to a diagnosis of Pediculus Humanus Capitis (head lice) by the school physician or nurse when discovered in the student population.

 

1)         Residential students will be treated by the nurse applying a 1% Permethrin cream rinse as soon as the head lice is discovered.  Parents/guardians will be contacted advising them their child has been treated by the nursing staff for head lice.

 

2)         Non-residential students will have a phone call made to the affected student's parents/guardian informing them of the diagnosis of head lice, and that the student must be removed from the State School as soon as possible.  The recommendation will be made to seek treatment from a physician and that all household members be treated.  They will be informed that the student will not be allowed to return to the State School until treatment has been completed.

            In the event a parent of a non-residential student cannot be contacted within a two hour time frame, the school nurse will treat the student to facilitate returning the student to the classroom until the parent is contacted.  If the clothing of a non-residential student is infested temporary clothing will be issued while the student's clothes are being laundered.

 

3)         A school nurse will evaluate all roommates and classmates for the presence of nits (lice eggs) or other evidence of infestation.

 

4)         Residential students will not be allowed to return to the State School until they have been treated by the nursing staff.  Non-residential students must present proof of appropriate treatment (e.g., note from physician, copy of prescription, proof of purchase of an over the counter product for the treatment of head lice) before returning to the State School.  Upon return to the State School the student will be re-examined by the nurse prior to admission.

 

5)         The nursing staff will again examine the affected student in 7 to 10 days.

 

6)         All potentially infected environmental surfaces and clothing of residential students that could have been infected will be treated by the facility staff to prevent re-infection of the student population.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.60  Search and Seizure

 

a)         The superintendent or designee of a State School has the authority to approve the search of any student's person, locker, room or property when the superintendent/designee has a reasonable belief that the student has alcohol, drugs, a weapon, stolen goods or any other item prohibited by the State School's rules.  Any search of person must be made by staff of the same gender as the student being searched with another staff person present as a witness.

 

b)         Any contraband, as defined by the Criminal Code of 1961 [720 ILCS 5], found during the search shall be seized and held until its proper disposition is determined through consultations with Central Office staff or local or state law enforcement officials as indicated by the situation.

 

c)         The superintendent shall not approve a search as a means of embarrassing or punishing a student.  Insofar as feasible, any search shall be made in such a manner that it is not observed by or known to other students.

 

d)         Nothing in this policy shall be construed to prohibit State School staff and representatives from various regulatory bodies from entering students' rooms in the course of their normal duties.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.70  Rights and Responsibilities of School Staff (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.80  Food and Nutrition

 

Each State School shall:  

 

a)         provide food which is prepared and served under sanitary conditions as found in the Department of Public Health's Food Service Sanitation Code at 77 Ill. Adm. Code 750.

 

b)         provide medically prescribed diets as needed.

 

c)         serve three balanced meals, as approved by the State School's medical personnel, each day and shall maintain a record of the menus of the food actually served, which shall be retained and be available for review for a period of at least one year.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.90  Safety and Sanitation

 

a)         Each State School shall request:  

 

1)         at least an annual inspection by the Illinois Department of Public Health or the local health department of all its buildings which are used by the students.  These inspections shall give special attention to dietary service; health service; lavatory, bath, and toilet facilities; pest control; and ventilation.

 

2)         at least an annual inspection of all its buildings and related systems by the State Fire Marshal and/or the local fire department.

 

3)         the resources of the Capital Development Board and the Department of Central Management Services, as needed, in the maintenance and repair of its buildings.

 

b)         Each State School shall comply with the Illinois Department of Labor's Health and Safety rules set forth at 56 Ill. Adm. Code 350 in relation to the safety of the State School's employees and students.

 

c)         Each State School superintendent shall fulfill his or her responsibilities for maintaining the State School's grounds and buildings in such a manner that there will be no unusual hazards which will endanger students, staff, or the public.

 

d)         To the extent that funds are available, each State School shall maintain equipment in good repair, but regardless of funds:  

 

1)         all boilers shall be installed, maintained, repaired and inspected per 41 Ill. Adm. Code 120, in accordance with the schedules and procedures specified by the State Fire Marshal.

 

2)         all elevators shall be inspected in accordance with the schedules and procedures specified by the responsible agency in the city in which the State School is located.

 

3)         all x-ray equipment shall be inspected in accordance with the schedule and procedures specified by the Illinois Department of Nuclear Safety (32 Ill. Adm. Code 310.50).

 

e)         Each State School shall maintain written plans for such emergencies as fires and tornadoes.  The plan for fire drills shall include all of the requirements of the State Fire Marshal's rules concerning fire drills in the State Schools at 41 Ill. Adm. Code 110.20 and shall be explained to all students and staff.   At least one drill each school year shall be at a time when most of the students are normally asleep.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.100  Donations

 

a)         Each State School may accept and hold on behalf of the State, if for the public interest, a grant, gift, or legacy of money or property to the State of Illinois, to the Department, or to any school or program made for any legitimate purpose connected with the State School or program.

 

b)         The Department shall cause each grant, gift or legacy to be deposited in a distinct fund or in the "DHS State Project Fund" or a fund held locally by a State School, depending on the purpose for which the gift was given.

 

c)         Each grant, gift, or legacy shall be used for the purpose for which it was given.  Grants, gifts, or legacies with no designated purpose will be designated by the Associate Director when the value exceeds $500.  The Superintendent of the facility will place grants, gifts, or legacies less than $500 in the Needy Student Fund.

 

d)         If a donation of goods or property is made to the State School or any of its units, it should be explained to the donor that once such a gift is donated, it becomes state property, unless otherwise stipulated in writing.

 

e)         These funds and the records pertaining to such funds shall be subject to audit by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.110  Release of Students to Authorized Individuals

 

a)         The State School will not authorize one of its students to leave campus with an individual(s) other than the student's parents or staff or a student of the State School unless:  

 

1)         the State School has on file a written statement signed by the student's parents granting permission for the individual(s) in question to take their child off campus, or

 

2)         the student's parents have telephoned appropriate staff to grant permission for the individual(s) in question to take their child off campus.  Staff receiving such a call must submit a written memorandum with all pertinent information (i.e., date, time, student's name, name and contact information of person being given permission to take the student, length of time the student will be away, where the student will be) to the superintendent/designee for approval before the student may leave campus.

 

b)         Persons not known to the State School staff shall be required to provide a driver's license (with photo) or photo identification card issued by the Illinois Secretary of State to establish their identity prior to a child's release to them.

 

c)         This policy does not limit students, with the approval of the State School, from leaving campus individually or in groups to participate in off-campus activities.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.120  Use of Motor Vehicles by Students

 

a)         Unless the vehicle is needed to transport the student to and from the State School or to meet some justifiable short-term need, students at a State School are not authorized to have or use personal motor vehicles while under the responsibility of the State School.  Justifiable short-term needs could include:  

 

1)         a potential emergency situation at home, making it desirable for the student to return home on short notice.

 

2)         bringing the vehicle to the State School to repair it in one of the State School's vocational classes as an educational project.

 

b)         Authorization for students to have or use personal vehicles while under the responsibility of the State School can be approved only by the superintendent.  In order for a request for such an authorization to be considered, it must be submitted in writing to the superintendent's office and include:  

 

1)         the reason(s) the student needs to have or use the vehicle;

 

2)         the length of time the student will need it;

 

3)         the student's driver's license number;

 

4)         the name of the company, the policy number and the amount of insurance coverage in effect on the student/vehicle;

 

5)         the name of the person who owns the vehicle; and

 

6)         the parents' signed consent if the student is under 18 years of age or the parents are legally responsible for the vehicle or the insurance on it.

 

c)         All approved authorizations are subject to the following stipulations. The vehicle shall:

 

1)         be used only for purposes (needs) specified in the request as approved by the superintendent;

 

2)         not be used on school days between the hours of 8:00 a.m. and 3:15 p.m. except in emergencies;

 

3)         not be used to transport other students without the specific written consent of those students' parents;

 

4)         not be used as a meeting place to visit; and

 

5)         while on campus and not in use, be parked in the prescribed location and be locked.

 

d)         Any claims for damages to or by the vehicle shall be the responsibility of the student, the parent/guardian, the insurance company or some source other than the State School.

 

e)         Unless prior arrangements are made and approved by the superintendent, if any vehicle is left on the State School grounds 60 days after the last day of the school year and if the owner fails to respond within 10 days to a registered letter from the superintendent, the vehicle shall be declared abandoned.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.130  Student Activities Requiring Approval of Parents

 

Unless a student is 18 years of age or older:  

 

a)         Consent/approval is required at the beginning of each school year for each of the following activities and shall remain in effect for the remainder of that school year or until it is modified or revoked by the parents.

 

1)         Competing in interscholastic athletic activities.  Each sport in which the student may compete during the year must be listed on the consent form.

 

2)         Traveling out of state on a school-sponsored activity.  The date, destination and purpose of each scheduled out of state trip the student may take during the year must be listed on the consent form.

 

3)         Using the student's picture or other identifying information in news releases, brochures or other publication (Section 830.10).

 

4)         Leaving campus with someone other than the student's parents or a staff member or student of the State School (Section 830.110).  Each person who may take the student off campus during the year must be listed on the consent form.  Parents may add or delete names during the year.

 

b)         A specific consent/approval is required prior to each of the following activities and shall remain in effect for only the period specified on the consent form or until it is modified or revoked by the parents.

 

1)         Receiving the annual flu vaccination when it is available to the students at the State School (Section 830.50).

 

2)         Engaging in such religious activities as baptism, first communion, or confirmation.

 

3)         Receiving psychological assessments in such areas as aptitude, general mental ability, personality, achievement and vocational interests (89 Ill. Adm. Code 765).

 

4)         Receiving ongoing individual or group counseling (89 Ill. Adm. Code 765).

 

5)         Including the student or identifying information about him or her in research projects by universities, other agencies, or by individuals (89 Ill. Adm. Code 505).

 

c)         Students 18 years of age and older that are legally competent have the right to sign  consent forms on their own behalf.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.140  Visits to State Schools

 

a)         All visits (e.g., parent-teacher conferences, tours of the State School facilities and contact by outside agencies, individuals, and businesses regarding materials, services and programs) to the State Schools from students' parents and family members, community members, and other interested individuals must be scheduled with the appropriate school superintendent.  This policy does not apply to DHS' staff or to anyone who is properly on campus (e.g., Client Assistance Program clients at ICRE-R, visitors to the Heritage Cultural Center and parents and children at the Nursery School at ISD), but only while in an area appropriate to the purpose of the visit.

 

b)         When a visitor to a State School arrives on campus, the visitor must proceed to the administration office to receive a visitor's permit.

 

c)         Visits must be of a duration and manner which is neither disruptive to ongoing programming nor of a threatening or argumentative nature.

 

d)         The superintendent of the State School shall terminate a visit, and may report the individual(s) responsible to the proper law enforcement agency, if an individual is:

 

1)         in or about any State School building or grounds without a valid visitor's permit; or

 

2)         engaged in disorderly conduct.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.150  Behavior Intervention

 

a)         Behavior intervention is a therapeutic measure which is to be used only to prevent a student from causing damage to property or physical harm to himself/herself or others.  The following procedures shall be used, as part of a behavior modification or management program.  In no event shall restraint be used to punish or discipline a student or as a convenience to staff.

 

b)         Behavior intervention may include physically holding, or otherwise restricting the movement of the student's limbs, head or body.  No mechanical or chemical restraint shall be permitted.  Medically prescribed or monitored procedures for the treatment of an existing physical condition or the amelioration of a physical disability, such as braces and other medical equipment, are not considered restraints.  The partial or total immobilization of a student for the purpose of performing a medical/surgical procedure is not restraint.

 

c)         Procedures for the use of physical restraint at the State Schools are as follows:

 

1)         physical restraint shall be employed in a humane and therapeutic manner. In no event shall restraint be used when it is medically contraindicated (i.e., could adversely affect the health of the student).

 

2)         whenever physical restraint is used with a student whose primary communication is sign language, writing, or computer, the student shall be permitted to have his/her hands free from restraint for brief periods, except when freedom may result in physical harm to the student or others.  A staff member skilled in the student's mode of communication shall be in attendance when the student's hands are free.

 

3)         the student must be released from restraint as soon as possible.  The use of restraint shall not exceed 30 consecutive minutes.

 

4)         the person who initiates the restraint shall inform his/her supervisor as soon as possible and must submit a written detailed anecdotal report of the cause/conditions that called for the use of physical restraint.  The report shall include the date, time, and location that the physical restraint took place.  This report will be placed in the student's temporary records maintained by the State School with a copy to be sent to the parent of the student and through the chain of command to the facility administrator.

 

d)         All direct care staff shall be trained in behavior intervention techniques, including physical restraint, to prevent injury to the students. Documentation of training shall be maintained in the employee personnel files kept at each State School.  Employees that have not completed the training may not employ physical restraint.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.160  Profit on Sales from Commissary Stores

 

a)         All profits from the sales from commissary stores shall be deposited in a locally held fund and shall be used for the special comfort, pleasure and amusement of students and employees.

 

b)         The total amount spent on the special comfort, pleasure and amusement of employees shall not exceed the amount of profits derived from sales made to employees.

 

c)         The percentage of the profits made by sales to employees shall be determined by the percentage of employees there are to the total of the student and employee population of each State School.

 

d)         These funds and the records pertaining to such receipts shall be subject to audit by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.170  Receipts from Athletic, Musical and Other Events

 

a)         The receipts from the sale of tickets to athletic, musical and other events shall be deposited in a locally held fund. The amount of funds deposited into this account must not exceed $10,000 per facility.

 

b)         Receipts may be used to provide immediate payment to officials, judges and athletic referees for their services rendered at State School sponsored contests or events.  Documentation of payments received must be signed by the recipient and maintained.

 

c)         Receipts may be used to provide students who are enrolled in an independent living program with cash so that they may fulfill course objectives by purchasing commodities and other required supplies.  To be eligible for receipt of these funds a student must have little or no financial resources. Documentation of payments received must be signed by the recipient and maintained.

 

d)         These funds and the records pertaining to such receipts shall be subject to audit by DHS' internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.180  Transportation Fund

 

a)         The ISD and ISVI shall collect from the local school district of each resident student the cost of providing transportation between the student's home and the State School as provided in accordance with Section 14-7.02 of the School Code [105 ILCS 5/14-7.02], the rules of the State Board of Education (23 Ill. Adm. Code 226.960), and the student's Individual Education Program (IEP).

 

b)         A student's local school district shall be charged for transporting a student home based on the following formula.  The State shall be divided into eight concentric circles which are 50 mile wide bands with the center being Jacksonville, Illinois.  Each concentric circle, beginning with the zone containing Jacksonville, Illinois, shall be numbered Zones 1 through 8.  The circle number shall also act as the multiplier for determining the individual transportation cost for each student (i.e., Circle 1 shall have a multiplier of 1 compared to Circle 8 which shall have a multiplier of 8).

 

            To determine the actual individual transportation cost for each student, the multipliers for all students who will be transported on the same bus will be added together and divided into the charge for the bus that will transport the students home.  This will establish the base transportation cost.  This base transportation cost will then be multiplied by the zone multiplier for the individual student to determine the actual transportation cost for the individual student which will be billed to the student's local school district.

 

c)         These funds shall be deposited in a locally held account and shall be used only for the transportation expenses of resident students.

 

d)         This fund and its records shall be subject to audit by DHS internal auditors and by the Auditor General of the State of Illinois.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)

 

Section 830.190  Use of Tobacco Products on State School Property

 

In conjunction with Section 10-20 of the School Code [105 ILCS 5/10-20] and Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3], the Department, under its administrative authority, prohibits the use of all tobacco products on State School property.  For purposes of this Section, tobacco products shall mean cigarette, cigar, or tobacco in any other form, including smokeless tobacco, which is loose, cut, shredded, ground, powdered, compressed or leaf tobacco.  The prohibition against the use of tobacco products is to include school personnel, students, or other persons when on State School property.  No exception to this prohibition will be permitted, including all events or activities before or after the regular school day and on days when the State School is not in session.

 

(Source:  Amended at 23 Ill. Reg. 10220, effective August 10, 1999)