Full Text of SB0170 97th General Assembly
SB0170eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Disabled Persons Rehabilitation Act is | 5 | | amended by changing Sections 10 and 13 as follows:
| 6 | | (20 ILCS 2405/10) (from Ch. 23, par. 3441)
| 7 | | Sec. 10. Residential schools; visual and hearing | 8 | | handicaps.
| 9 | | (a) The Department of Human Services shall operate
| 10 | | residential schools for the education of children with visual | 11 | | and hearing
handicaps who are unable to take advantage of the | 12 | | regular educational
facilities provided in the community, and | 13 | | shall provide in connection
therewith such academic, | 14 | | vocational, and related services as may be
required. Children | 15 | | shall be eligible for admission to these schools only
after | 16 | | proper diagnosis and evaluation, in accordance with procedures
| 17 | | prescribed by the Department.
| 18 | | (a-5) The Superintendent of the Illinois School for the | 19 | | Deaf shall be the chief executive officer of, and shall be | 20 | | responsible for the day to day operations of, the School, and | 21 | | shall obtain educational and professional employees who are | 22 | | certified by the Illinois State Board of Education or licensed | 23 | | by the appropriate agency or entity to which licensing |
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| 1 | | authority has been delegated, as well as all other employees of | 2 | | the School, subject to the provisions of the Personnel Code and | 3 | | any applicable collective bargaining agreement. The | 4 | | Superintendent shall be appointed by the Governor, by and with | 5 | | the advice and consent of the Senate. In the case of a vacancy | 6 | | in the office of Superintendent during the recess of the | 7 | | Senate, the Governor shall make a temporary appointment until | 8 | | the next meeting of the Senate, when the Governor shall | 9 | | nominate some person to fill the office, and any person so | 10 | | nominated who is confirmed by the Senate shall hold office | 11 | | during the remainder of the term and until his or her successor | 12 | | is appointed and qualified. The Superintendent shall hold | 13 | | office for a term of 4 years from the third Monday in January | 14 | | of each odd numbered year and until the officer's successor is | 15 | | appointed and qualified. The Superintendent shall devote his or | 16 | | her full time to the duties of the office, shall not serve in | 17 | | any other capacity during his or her term of office, and shall | 18 | | receive such compensation as the Governor shall determine. The | 19 | | Superintendent shall have an administrative certificate with a | 20 | | superintendent endorsement as provided for under Section | 21 | | 21-7.1 of the School Code, and shall have degrees in both | 22 | | educational administration and deaf education, together with | 23 | | at least 20 years of experience in either deaf education, the | 24 | | administration of deaf education, or a combination of the 2. | 25 | | (a-10) The Superintendent of the Illinois School for the | 26 | | Visually Impaired shall be the chief executive officer of, and |
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| 1 | | shall be responsible for the day to day operations of, the | 2 | | School, and shall obtain educational and professional | 3 | | employees who are certified by the Illinois State Board of | 4 | | Education or licensed by the appropriate agency or entity to | 5 | | which licensing authority has been delegated, as well as all | 6 | | other employees of the School, subject to the provisions of the | 7 | | Personnel Code and any applicable collective bargaining | 8 | | agreement. The Superintendent shall be appointed by the | 9 | | Governor, by and with the advice and consent of the Senate. In | 10 | | the case of a vacancy in the office of Superintendent during | 11 | | the recess of the Senate, the Governor shall make a temporary | 12 | | appointment until the next meeting of the Senate, when the | 13 | | Governor shall nominate some person to fill the office, and any | 14 | | person so nominated who is confirmed by the Senate shall hold | 15 | | office during the remainder of the term and until his or her | 16 | | successor is appointed and qualified. The Superintendent shall | 17 | | hold office for a term of 4 years from the third Monday in | 18 | | January of each odd numbered year and until the officer's | 19 | | successor is appointed and qualified. The Superintendent shall | 20 | | devote his or her full time to the duties of the office, shall | 21 | | not serve in any other capacity during his or her term of | 22 | | office, and shall receive such compensation as the Governor | 23 | | shall determine. The Superintendent shall have an | 24 | | administrative certificate with a superintendent endorsement | 25 | | as provided for under Section 21-7.1 of the School Code, and | 26 | | shall have degrees in both educational administration and blind |
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| 1 | | or visually impaired education, together with at least 20 years | 2 | | of experience in either blind or visually impaired education, | 3 | | the administration of blind or visually impaired education, or | 4 | | a combination of the 2. | 5 | | (b) In administering the Illinois School for the Deaf, the | 6 | | Department
shall adopt an admission policy which permits day or | 7 | | residential
enrollment, when resources are sufficient, of | 8 | | children with hearing
handicaps who are able to take advantage | 9 | | of the regular educational
facilities provided in the community | 10 | | and thus unqualified for admission
under subsection (a). In | 11 | | doing so, the Department shall establish an
annual deadline by | 12 | | which shall be completed the enrollment of children
qualified | 13 | | under subsection (a) for admission to the Illinois School for | 14 | | the
Deaf. After the deadline, the Illinois School for the Deaf | 15 | | may enroll
other children with hearing handicaps at the request | 16 | | of their parents or
guardians if the Department determines | 17 | | there are sufficient resources to
meet their needs as well as | 18 | | the needs of children enrolled before the
deadline and children | 19 | | qualified under subsection (a) who may be enrolled
after the | 20 | | deadline on an emergency basis. The Department shall adopt any
| 21 | | rules and regulations necessary for the implementation of this | 22 | | subsection.
| 23 | | (c) In administering the Illinois School for the Visually | 24 | | Impaired, the
Department shall adopt an admission policy that | 25 | | permits day or residential
enrollment, when resources are | 26 | | sufficient, of children with visual
handicaps who are able to |
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| 1 | | take advantage of the regular educational
facilities provided | 2 | | in the community and thus unqualified for admission
under | 3 | | subsection (a). In doing so, the Department shall establish an
| 4 | | annual deadline by which the enrollment of children qualified | 5 | | under subsection
(a) for admission to the Illinois School for | 6 | | the Visually Impaired shall be
completed. After the deadline, | 7 | | the Illinois School for the Visually Impaired
may enroll other | 8 | | children with visual handicaps at the request of their parents
| 9 | | or guardians if the Department determines there are sufficient | 10 | | resources to
meet their needs as well as the needs of children | 11 | | enrolled before the deadline
and children qualified under | 12 | | subsection (a) who may be enrolled after the
deadline on an | 13 | | emergency basis. The Department shall adopt any rules and
| 14 | | regulations necessary for the implementation of this | 15 | | subsection.
| 16 | | (Source: P.A. 89-264, eff. 8-10-95; 89-507, eff. 7-1-97.)
| 17 | | (20 ILCS 2405/13) (from Ch. 23, par. 3444)
| 18 | | Sec. 13. The Department shall have all powers reasonable | 19 | | and necessary
for the administration of institutions for | 20 | | persons with one or more
disabilities under subsection (f) of | 21 | | Section 3 of this Act, including, but
not limited to, the | 22 | | authority to do the following:
| 23 | | (a) Appoint and remove the superintendents of the
| 24 | | institutions operated by the Department, except for those | 25 | | superintendents whose appointment and removal is provided for |
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| 1 | | under Section 10 of this Act; obtain all other employees
| 2 | | subject to the provisions of the Personnel Code, except for | 3 | | educational and professional employees of the Illinois School | 4 | | for the Deaf and the Illinois School for the Visually Impaired | 5 | | who are certified by the Illinois State Board of Education or | 6 | | licensed by the appropriate agency or entity to which licensing | 7 | | authority has been delegated, and all other employees of the | 8 | | Schools who are obtained by the superintendents as provided | 9 | | under Section 10 of this Act, subject to the provisions of the | 10 | | Personnel Code and any applicable collective bargaining | 11 | | agreement; and conduct
staff training programs for the | 12 | | development and improvement of services.
| 13 | | (b) Provide supervision, housing accommodations, board or | 14 | | the
payment of boarding costs, tuition, and treatment free of | 15 | | charge, except
as otherwise specified in this Act, for | 16 | | residents of this State who are
cared for in any institution, | 17 | | or for persons receiving services under
any program under the | 18 | | jurisdiction of the Department. Residents of other
states may | 19 | | be admitted upon payment of the costs of board, tuition, and
| 20 | | treatment as determined by the Department; provided, that no | 21 | | resident of
another state shall be received or retained to the | 22 | | exclusion of any
resident of this State. The Department shall | 23 | | accept any donation for the
board, tuition, and treatment of | 24 | | any person receiving service or care.
| 25 | | (c) Cooperate with the State Board of Education and the | 26 | | Department of
Children and Family Services in a program to |
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| 1 | | provide for the placement,
supervision, and foster care of | 2 | | children with handicaps who must leave their
home community in | 3 | | order to attend schools offering programs in special
education.
| 4 | | (d) Assess and collect (i) student activity fees and (ii) | 5 | | charges to
school districts for transportation of students | 6 | | required under the School Code
and provided by the Department. | 7 | | The Department shall direct the expenditure of
all money that | 8 | | has been or may be received by any officer of the several State
| 9 | | institutions under the direction and supervision of the | 10 | | Department as profit on
sales from commissary stores, student | 11 | | activity fees, or charges for student
transportation. The money | 12 | | shall be deposited into a locally held fund and
expended under | 13 | | the direction of the Department for the special comfort,
| 14 | | pleasure, and amusement of residents and employees and the | 15 | | transportation of
residents, provided that amounts expended | 16 | | for comfort, pleasure, and amusement
of employees shall not | 17 | | exceed the amount of profits derived from sales made to
| 18 | | employees by the commissaries, as determined by the Department.
| 19 | | Funds deposited with State institutions under the | 20 | | direction and supervision
of the Department by or for residents | 21 | | of those State institutions shall be
deposited into | 22 | | interest-bearing accounts, and money received as interest and
| 23 | | income on those funds shall be deposited into a "needy student | 24 | | fund" to be held
and administered by the institution. Money in | 25 | | the "needy student
fund" shall be expended for the special | 26 | | comfort, pleasure, and amusement of the
residents of the |
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| 1 | | particular institution where the money is paid or received.
| 2 | | Any money belonging to residents separated by death, | 3 | | discharge, or
unauthorized absence from institutions described | 4 | | under this Section, in
custody of officers of the institutions, | 5 | | may, if unclaimed by the resident or
the legal representatives | 6 | | of the resident for a period of 2 years, be expended
at the | 7 | | direction of the Department for the purposes and in the manner
| 8 | | specified in this subsection (d). Articles of personal | 9 | | property, with the
exception of clothing left in the custody of | 10 | | those officers, shall, if
unclaimed for the period of 2 years, | 11 | | be sold and the money disposed of in the
same manner.
| 12 | | Clothing left at the institution by residents at the time | 13 | | of
separation may be used as determined by the institution if | 14 | | unclaimed by
the resident or legal representatives of the | 15 | | resident within 30
days after notification.
| 16 | | (e) Keep, for each institution under the jurisdiction of | 17 | | the
Department, a register of the number of officers, | 18 | | employees, and
residents present each day in the year, in a | 19 | | form that will
permit a calculation of the average number | 20 | | present each month.
| 21 | | (f) (Blank).
| 22 | | (g) (Blank).
| 23 | | (h) (Blank).
| 24 | | (i) Accept and hold in behalf of the State, if for the | 25 | | public interest, a
grant, gift, or legacy of money or property | 26 | | to the State of Illinois, to the
Department, or to any |
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| 1 | | institution or program of the Department made in trust
for the | 2 | | maintenance or support of a resident of an institution of the
| 3 | | Department, or for any other legitimate purpose connected with | 4 | | any such
institution or program. The Department shall cause | 5 | | each gift, grant, or legacy
to be kept as a distinct fund, and | 6 | | shall invest the gift, grant, or legacy in
the manner provided | 7 | | by the laws of this State as those laws now exist or shall
| 8 | | hereafter be enacted relating to securities in which the | 9 | | deposits in savings
banks may be invested. The Department may, | 10 | | however, in its discretion, deposit
in a proper trust company | 11 | | or savings bank, during the continuance of the trust,
any fund | 12 | | so left in trust for the life of a person and shall adopt rules
| 13 | | and regulations governing the deposit, transfer, or withdrawal | 14 | | of the
fund. The Department shall, on the expiration of any | 15 | | trust as provided in
any instrument creating the trust, dispose | 16 | | of the fund thereby
created in the manner provided in the | 17 | | instrument. The Department shall include
in its required | 18 | | reports a statement showing what funds are so held by it
and | 19 | | the condition of the funds. Monies found on residents at
the | 20 | | time of their admission, or accruing to them during their | 21 | | period of
institutional care, and monies deposited with the | 22 | | superintendents by
relatives, guardians, or friends of | 23 | | residents for the special comfort
and pleasure of a resident, | 24 | | shall remain in the possession of the
superintendents, who | 25 | | shall act as trustees for disbursement to, in behalf
of, or for | 26 | | the benefit of the resident. All types of retirement and
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| 1 | | pension benefits from private and public sources may be paid | 2 | | directly to
the superintendent of the institution where the | 3 | | person is a resident,
for deposit to the resident's trust fund | 4 | | account.
| 5 | | (j) Appoint, subject to the Personnel Code, persons to be
| 6 | | members of a police and security force. Members of the police | 7 | | and
security force shall be peace officers and as such have all | 8 | | powers
possessed by policemen in cities and sheriffs, including | 9 | | the power to
make arrests on view or warrants of violations of | 10 | | State statutes or city
or county ordinances. These powers may, | 11 | | however, be exercised only in
counties of more than 500,000 | 12 | | population when required for the
protection of Department | 13 | | properties, interests, and personnel, or
specifically | 14 | | requested by appropriate State or local law enforcement
| 15 | | officials. Members of the police and security force may not | 16 | | serve and
execute civil processes.
| 17 | | (k) Maintain, and deposit receipts from the sale of tickets | 18 | | to
athletic, musical, and other events, fees for participation | 19 | | in school sponsored tournaments and events, and
revenue from | 20 | | student activities relating to charges for art and woodworking | 21 | | projects,
charges for automobile repairs, and other revenue | 22 | | generated from student
projects
into, locally held accounts not | 23 | | to exceed
$20,000 per account for the purposes of (i) providing | 24 | | immediate payment to
officials, judges, and athletic referees | 25 | | for their services rendered and for
other related expenses at | 26 | | school
sponsored contests, tournaments, or events, (ii)
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| 1 | | providing payment for expenses related to student revenue | 2 | | producing
activities such as art and woodworking projects, | 3 | | automotive repair work, and
other student activities or | 4 | | projects that generate revenue and incur expenses,
and (iii)
| 5 | | providing students who are enrolled in an
independent living | 6 | | program with cash so that they may fulfill course
objectives by | 7 | | purchasing commodities and other required supplies.
| 8 | | (l) Advance moneys from its appropriations to be maintained | 9 | | in locally
held
accounts at the
schools to establish (i) a | 10 | | "Student Compensation Account" to pay students for
work | 11 | | performed under the student work program, and (ii) a "Student | 12 | | Activity Travel
Account" to pay transportation, meals, and | 13 | | lodging costs of students, coaches,
and activity sponsors while | 14 | | traveling off campus for sporting events, lessons,
and other | 15 | | activities directly associated with the representation of the | 16 | | school. Funds in the "Student Compensation Account" shall not | 17 | | exceed $20,000, and funds in the "Student Activity Travel | 18 | | Account" shall not exceed $200,000.
| 19 | | (m) Promulgate rules of conduct applicable to the residents | 20 | | of
institutions for persons with one or more disabilities. The | 21 | | rules
shall include specific standards to be used by the | 22 | | Department to
determine (i) whether financial restitution | 23 | | shall be required in the event
of losses or damages resulting | 24 | | from a resident's action and (ii)
the ability of the resident | 25 | | and the resident's parents to pay
restitution.
| 26 | | (Source: P.A. 94-887, eff. 6-20-06.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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