Illinois General Assembly - Full Text of SB3768
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Full Text of SB3768  103rd General Assembly



SB3768 EnrolledLRB103 39303 RJT 69457 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
514-11.02 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
8the Deafblind. Notwithstanding any other Sections of this
9Article, the State Board of Education shall develop and
10operate or contract for the operation of a service center for
11persons who are deaf-blind.
12    (a) For the purpose of this Section, persons who are
13deafblind with deaf-blindness are (i) individuals with
14concomitant hearing and visual impairments, the combination of
15which causes such severe communication and other developmental
16and educational needs that they cannot be accommodated in
17special education programs solely for children with deafness
18or children with blindness, (ii) individuals with solely a
19hearing impairment, or (iii) individuals with solely a visual
20impairment persons who have both auditory and visual
21impairments, the combination of which causes such severe
22communication and other developmental, educational, vocational
23and rehabilitation problems that such persons cannot be



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1properly accommodated in special education or vocational
2rehabilitation programs solely for persons with both hearing
3and visual disabilities.
4    (b) To be eligible for deafblind deaf-blind services under
5this Section, a person must have (i) a visual impairment, a
6hearing and an auditory impairment, or both or (ii) a
7condition in which there is a progressive loss of hearing, or
8vision, or both that results in concomitant vision and hearing
9impairments and that adversely affects educational performance
10as determined by the multidisciplinary conference. For
11purposes 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
8The State Board of Education shall is empowered to establish,
9maintain and operate or contract for the operation of a
10permanent, statewide, residential education facility
11state-wide service center known as the Philip J. Rock Center
12and School that services . The School serves eligible students
13children between the ages of 3 and 21, unless a student's 22nd
14birthday occurs during the school year, in which case the
15student is eligible for such services through the end of the
16school year. Subject to appropriation, the Philip J. Rock
17Center and School may provide additional services to 21; the
18Center serves eligible deafblind persons of all ages. The
19State Board of Education shall include a line item in its
20budget to pay the costs of operating and maintaining the
21Philip J. Rock Center and School. If the Center and School
22receives appropriated funding to serve eligible deafblind
23persons of all ages, services Services provided by the Center
24and 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
14to the Philip J. Rock Center and School who qualify as
15individuals with concomitant hearing and visual impairments
16under clause (i) of subsection (a) of this Section or who are
17eligible for special education services under the category of
18deafblind. Such a student may not be denied enrollment unless
19the student's placement in the Center and School would
20endanger the health or safety of any other student.
21    (d) For the purposes of employment, the Philip J. Rock
22Center and School shall be considered its own employer. The
23State Board of Education shall appoint a chief administrator
24of the Philip J. Rock Center and School, who shall be employed
25by the Center and School and shall manage the daily operations
26of the Center and School. The chief administrator shall have



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1the 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
18fiscal administration of the Philip J. Rock Center and School,
19then the contract shall be with a school district, special
20education cooperative, or regional office of education that
21can serve as the fiscal agent for the Center and School. To the
22extent possible, the fiscal agent shall be in close geographic
23proximity to the Center and School.
24    (f) Through the individualized education program process
25with the student's resident school district, a student who
26resides at the Philip J. Rock Center and School may be placed



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1in an alternate educational program by the student's
2individualized education program team. Educational placement
3and services shall be provided free of charge to the student's
4resident school district, unless there is tuition associated
5with the educational placement and services. If the Philip J.
6Rock Center and School must pay tuition or provide
7transportation for a student's educational placement and
8services, such tuition or transportation shall be billed to
9the student's resident school district.
10    (g) The Advisory Board for Services for Persons who are
11deafblind Deaf-Blind shall provide advice to the State
12Superintendent of Education, the Governor, and the General
13Assembly on all matters pertaining to policy concerning
14persons who are deafblind deaf-blind, including the
15implementation of legislation enacted on their behalf.
16    The Regarding the maintenance, operation and education
17functions of the Philip J. Rock Center and School, the
18Advisory Board shall also make recommendations pertaining to
19but 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
11the Governor; 2 persons appointed by the State Superintendent
12of Education; 4 persons appointed by the Secretary of Human
13Services; and 2 persons appointed by the Director of Children
14and Family Services. The 3 appointments of the Governor shall
15consist of a senior citizen 60 years of age or older, a
16consumer who is deaf-blind, and a parent of a person who is
17deaf-blind; provided that if any gubernatorial appointee
18serving on the Advisory Board on the effective date of this
19amendatory Act of 1991 is not either a senior citizen 60 years
20of age or older or a consumer who is deaf-blind or a parent of
21a person who is deaf-blind, then whenever that appointee's
22term of office expires or a vacancy in that appointee's office
23sooner occurs, the Governor shall make the appointment to fill
24that office or vacancy in a manner that will result, at the
25earliest possible time, in the Governor's appointments to the
26Advisory Board being comprised of one senior citizen 60 years



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1of age or older, one consumer who is deaf-blind, and one parent
2of a person who is deaf-blind. One person designated by each
3agency other than the Department of Human Services may be an
4employee of that agency. Two persons appointed by the
5Secretary of Human Services may be employees of the Department
6of Human Services. The appointments of each appointing
7authority other than the Governor shall include at least one
8parent of an individual who is deafblind deaf-blind or a
9person who is deafblind deaf-blind.
10    Vacancies in terms shall be filled by the original
11appointing authority. After the original terms, all terms
12shall be for 3 years.
13    Except for those members of the Advisory Board who are
14compensated for State service on a full-time basis, members
15shall be reimbursed for all actual expenses incurred in the
16performance of their duties. Each member who is not
17compensated for State service on a full-time basis shall be
18compensated at a rate of $50 per day which he spends on
19Advisory Board duties. The Advisory Board shall meet at least
202 4 times per year and not more than 12 times per year.
21    The State Board of Education Advisory Board shall provide
22support to the Advisory Board for its own organization.
23    Six members of the Advisory Board shall constitute a
24quorum. The affirmative vote of a majority of all members of
25the Advisory Board shall be necessary for any action taken by
26the Advisory Board.



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1(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
289-507, eff. 7-1-97.)