|
Public Act 103-1045
|
| SB3768 Enrolled | LRB103 39303 RJT 69457 b |
|
|
AN ACT concerning education.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The School Code is amended by changing Section |
14-11.02 as follows:
|
(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02) |
Sec. 14-11.02. The Philip J. Rock Center and School for |
the Deafblind. Notwithstanding any other Sections of this |
Article, the State Board of Education shall develop and |
operate or contract for the operation of a service center for |
persons who are deaf-blind. |
(a) For the purpose of this Section, persons who are |
deafblind with deaf-blindness are (i) individuals with |
concomitant hearing and visual impairments, the combination of |
which causes such severe communication and other developmental |
and educational needs that they cannot be accommodated in |
special education programs solely for children with deafness |
or children with blindness, (ii) individuals with solely a |
hearing impairment, or (iii) individuals with solely a visual |
impairment persons who have both auditory and visual |
impairments, the combination of which causes such severe |
communication and other developmental, educational, vocational |
and rehabilitation problems that such persons cannot be |
|
properly accommodated in special education or vocational |
rehabilitation programs solely for persons with both hearing |
and visual disabilities. |
(b) To be eligible for deafblind deaf-blind services under |
this Section, a person must have (i) a visual impairment, a |
hearing and an auditory impairment, or both or (ii) a |
condition in which there is a progressive loss of hearing, or |
vision, or both that results in concomitant vision and hearing |
impairments and that adversely affects educational performance |
as determined by the multidisciplinary conference. For |
purposes of this paragraph and Section: |
(1) (A) A visual impairment shall have the same |
meaning as in the federal Individuals With Disabilities |
Education Act and its implementing regulations is defined |
to mean one or more of the following: (i) corrected visual |
acuity poorer than 20/70 in the better eye; (ii) |
restricted visual field of 20 degrees or less in the |
better eye; (iii) cortical blindness; (iv) does not appear |
to respond to visual stimulation, which adversely affects |
educational performance as determined by the |
multidisciplinary conference. |
(2) A hearing (B) An auditory impairment shall have |
the same meaning as in the federal Individuals With |
Disabilities Education Act and its implementing |
regulations is defined to mean one or more of the |
following: (i) a sensorineural or ongoing or chronic |
|
conductive hearing loss with aided sensitivity of 30dB HL |
or poorer; (ii) functional auditory behavior that is |
significantly discrepant from the person's present |
cognitive and/or developmental levels, which adversely |
affects educational performance as determined by the |
multidisciplinary conference. |
(c) Notwithstanding any other provision of Article 14, the |
The State Board of Education shall is empowered to establish, |
maintain and operate or contract for the operation of a |
permanent, statewide, residential education facility |
state-wide service center known as the Philip J. Rock Center |
and School that services . The School serves eligible students |
children between the ages of 3 and 21, unless a student's 22nd |
birthday occurs during the school year, in which case the |
student is eligible for such services through the end of the |
school year. Subject to appropriation, the Philip J. Rock |
Center and School may provide additional services to 21; the |
Center serves eligible deafblind persons of all ages. The |
State Board of Education shall include a line item in its |
budget to pay the costs of operating and maintaining the |
Philip J. Rock Center and School. If the Center and School |
receives appropriated funding to serve eligible deafblind |
persons of all ages, services Services provided by the Center |
and School shall include, but are not limited to: |
(1) identifying Identifying and providing case |
management of individuals with combined vision and hearing |
|
loss persons who are auditorily and visually impaired; |
(2) providing Providing families with appropriate |
information and dissemination of information counseling; |
(3) providing information to Referring persons who are |
deafblind about the deaf-blind to appropriate agencies for |
medical and diagnostic services; |
(4) referring Referring persons who are deafblind |
deaf-blind to appropriate agencies for educational, |
rehabilitation, and support training and care services; |
(5) developing Developing and expanding services |
throughout the State to persons who are deafblind |
deaf-blind. This shall will include ancillary services, |
such as transportation, so that these persons the |
individuals can take advantage of the expanded services; |
(6) maintaining Maintaining a residential-educational |
training facility, with or without a day program, in the |
Chicago metropolitan area located near in an area |
accessible to public transportation; |
(7) (blank); Receiving, dispensing, and monitoring |
State and Federal funds to the School and Center |
designated for services to persons who are deaf-blind; |
(8) coordinating Coordinating services to persons who |
are deafblind deaf-blind through all appropriate agencies, |
including the Department of Children and Family Services |
and the Department of Human Services; |
(9) entering Entering into contracts with other |
|
agencies to provide services to persons who are deafblind |
deaf-blind; |
(10) (blank); Operating on a no-reject basis. Any |
individual referred to the Center for service and |
diagnosed as deaf-blind, as defined in this Act, shall |
qualify for available services; |
(11) serving Serving as the information referral |
clearinghouse for all persons who are deafblind |
deaf-blind, age 21 and older; and |
(12) (blank). Providing transition services for |
students of Philip J. Rock School who are deaf-blind and |
between the ages of 14 1/2 and 21. |
Priority of services shall be given to students referred |
to the Philip J. Rock Center and School who qualify as |
individuals with concomitant hearing and visual impairments |
under clause (i) of subsection (a) of this Section or who are |
eligible for special education services under the category of |
deafblind. Such a student may not be denied enrollment unless |
the student's placement in the Center and School would |
endanger the health or safety of any other student. |
(d) For the purposes of employment, the Philip J. Rock |
Center and School shall be considered its own employer. The |
State Board of Education shall appoint a chief administrator |
of the Philip J. Rock Center and School, who shall be employed |
by the Center and School and shall manage the daily operations |
of the Center and School. The chief administrator shall have |
|
the authority on behalf of the Center and School to: |
(1) hire, evaluate, discipline, and terminate staff of |
the Center and School; |
(2) determine wages, benefits, and other conditions of |
employment for all Center and School employees; |
(3) bargain with the exclusive bargaining |
representative of the employees of the Center and School; |
(4) develop a budget to be submitted to the State |
Board of Education for review and approval; |
(5) contract for any professional, legal, and |
educational services necessary for the operation of the |
Center and School; |
(6) make all decisions regarding the daily operations |
of the Center and School; and |
(7) perform any other duties as set forth in the |
employment contract for the chief administrator. |
(e) If the State Board of Education contracts for the |
fiscal administration of the Philip J. Rock Center and School, |
then the contract shall be with a school district, special |
education cooperative, or regional office of education that |
can serve as the fiscal agent for the Center and School. To the |
extent possible, the fiscal agent shall be in close geographic |
proximity to the Center and School. |
(f) Through the individualized education program process |
with the student's resident school district, a student who |
resides at the Philip J. Rock Center and School may be placed |
|
in an alternate educational program by the student's |
individualized education program team. Educational placement |
and services shall be provided free of charge to the student's |
resident school district, unless there is tuition associated |
with the educational placement and services. If the Philip J. |
Rock Center and School must pay tuition or provide |
transportation for a student's educational placement and |
services, such tuition or transportation shall be billed to |
the student's resident school district. |
(g) The Advisory Board for Services for Persons who are |
deafblind Deaf-Blind shall provide advice to the State |
Superintendent of Education, the Governor, and the General |
Assembly on all matters pertaining to policy concerning |
persons who are deafblind deaf-blind, including the |
implementation of legislation enacted on their behalf. |
The Regarding the maintenance, operation and education |
functions of the Philip J. Rock Center and School, the |
Advisory Board shall also make recommendations pertaining to |
but not limited to the following matters: |
(1) existing Existing and proposed programs of all |
State agencies that provide services for persons who are |
deafblind deaf-blind; |
(2) the The State program and financial plan for |
deafblind deaf-blind services and the system of priorities |
to be developed by the State Board of Education; |
(3) standards Standards for services in facilities |
|
serving persons who are deafblind deaf-blind; |
(4) standards Standards and rates for State payments |
for any services purchased for persons who are deafblind |
deaf-blind; |
(5) services Services and research activities in the |
field of deafblindness deaf-blindness, including the |
evaluation of services; and |
(6) planning Planning for personnel or preparation |
personnel/preparation, both preservice and inservice. |
The Advisory Board shall consist of 3 persons appointed by |
the Governor; 2 persons appointed by the State Superintendent |
of Education; 4 persons appointed by the Secretary of Human |
Services; and 2 persons appointed by the Director of Children |
and Family Services. The 3 appointments of the Governor shall |
consist of a senior citizen 60 years of age or older, a |
consumer who is deaf-blind, and a parent of a person who is |
deaf-blind; provided that if any gubernatorial appointee |
serving on the Advisory Board on the effective date of this |
amendatory Act of 1991 is not either a senior citizen 60 years |
of age or older or a consumer who is deaf-blind or a parent of |
a person who is deaf-blind, then whenever that appointee's |
term of office expires or a vacancy in that appointee's office |
sooner occurs, the Governor shall make the appointment to fill |
that office or vacancy in a manner that will result, at the |
earliest possible time, in the Governor's appointments to the |
Advisory Board being comprised of one senior citizen 60 years |
|
of age or older, one consumer who is deaf-blind, and one parent |
of a person who is deaf-blind. One person designated by each |
agency other than the Department of Human Services may be an |
employee of that agency. Two persons appointed by the |
Secretary of Human Services may be employees of the Department |
of Human Services. The appointments of each appointing |
authority other than the Governor shall include at least one |
parent of an individual who is deafblind deaf-blind or a |
person who is deafblind deaf-blind. |
Vacancies in terms shall be filled by the original |
appointing authority. After the original terms, all terms |
shall be for 3 years. |
Except for those members of the Advisory Board who are |
compensated for State service on a full-time basis, members |
shall be reimbursed for all actual expenses incurred in the |
performance of their duties. Each member who is not |
compensated for State service on a full-time basis shall be |
compensated at a rate of $50 per day which he spends on |
Advisory Board duties. The Advisory Board shall meet at least |
2 4 times per year and not more than 12 times per year. |
The State Board of Education Advisory Board shall provide |
support to the Advisory Board for its own organization. |
Six members of the Advisory Board shall constitute a |
quorum. The affirmative vote of a majority of all members of |
the Advisory Board shall be necessary for any action taken by |
the Advisory Board. |