SB3768ham002 103RD GENERAL ASSEMBLY

Rep. Terra Costa Howard

Filed: 5/14/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3768

2    AMENDMENT NO. ______. Amend Senate Bill 3768 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1special education programs solely for children with deafness
2or children with blindness, (ii) individuals with solely a
3hearing impairment, or (iii) individuals with solely a visual
4impairment persons who have both auditory and visual
5impairments, the combination of which causes such severe
6communication and other developmental, educational, vocational
7and rehabilitation problems that such persons cannot be
8properly accommodated in special education or vocational
9rehabilitation programs solely for persons with both hearing
10and visual disabilities.
11    (b) To be eligible for deafblind deaf-blind services under
12this Section, a person must have (i) a visual impairment, a
13hearing and an auditory impairment, or both or (ii) a
14condition in which there is a progressive loss of hearing, or
15vision, or both that results in concomitant vision and hearing
16impairments and that adversely affects educational performance
17as determined by the multidisciplinary conference. For
18purposes of this paragraph and Section:
19        (1) (A) A visual impairment shall have the same
20    meaning as in the federal Individuals With Disabilities
21    Education Act and its implementing regulations is defined
22    to mean one or more of the following: (i) corrected visual
23    acuity poorer than 20/70 in the better eye; (ii)
24    restricted visual field of 20 degrees or less in the
25    better eye; (iii) cortical blindness; (iv) does not appear
26    to respond to visual stimulation, which adversely affects

 

 

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1    educational performance as determined by the
2    multidisciplinary conference.
3        (2) A hearing (B) An auditory impairment shall have
4    the same meaning as in the federal Individuals With
5    Disabilities Education Act and its implementing
6    regulations is defined to mean one or more of the
7    following: (i) a sensorineural or ongoing or chronic
8    conductive hearing loss with aided sensitivity of 30dB HL
9    or poorer; (ii) functional auditory behavior that is
10    significantly discrepant from the person's present
11    cognitive and/or developmental levels, which adversely
12    affects educational performance as determined by the
13    multidisciplinary conference.
14    (c) Notwithstanding any other provision of Article 14, the
15The State Board of Education shall is empowered to establish,
16maintain and operate or contract for the operation of a
17permanent, statewide, residential education facility
18state-wide service center known as the Philip J. Rock Center
19and School that services . The School serves eligible students
20children between the ages of 3 and 21, unless a student's 22nd
21birthday occurs during the school year, in which case the
22student is eligible for such services through the end of the
23school year. Subject to appropriation, the Philip J. Rock
24Center and School may provide additional services to 21; the
25Center serves eligible deafblind persons of all ages. The
26State Board of Education shall include a line item in its

 

 

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1budget to pay the costs of operating and maintaining the
2Philip J. Rock Center and School. If the Center and School
3receives appropriated funding to serve eligible deafblind
4persons of all ages, services Services provided by the Center
5and School shall include, but are not limited to:
6        (1) identifying Identifying and providing case
7    management of individuals with combined vision and hearing
8    loss persons who are auditorily and visually impaired;
9        (2) providing Providing families with appropriate
10    information and dissemination of information counseling;
11        (3) providing information to Referring persons who are
12    deafblind about the deaf-blind to appropriate agencies for
13    medical and diagnostic services;
14        (4) referring Referring persons who are deafblind
15    deaf-blind to appropriate agencies for educational,
16    rehabilitation, and support training and care services;
17        (5) developing Developing and expanding services
18    throughout the State to persons who are deafblind
19    deaf-blind. This shall will include ancillary services,
20    such as transportation, so that these persons the
21    individuals can take advantage of the expanded services;
22        (6) maintaining Maintaining a residential-educational
23    training facility, with or without a day program, in the
24    Chicago metropolitan area located near in an area
25    accessible to public transportation;
26        (7) (blank); Receiving, dispensing, and monitoring

 

 

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1    State and Federal funds to the School and Center
2    designated for services to persons who are deaf-blind;
3        (8) coordinating Coordinating services to persons who
4    are deafblind deaf-blind through all appropriate agencies,
5    including the Department of Children and Family Services
6    and the Department of Human Services;
7        (9) entering Entering into contracts with other
8    agencies to provide services to persons who are deafblind
9    deaf-blind;
10        (10) (blank); Operating on a no-reject basis. Any
11    individual referred to the Center for service and
12    diagnosed as deaf-blind, as defined in this Act, shall
13    qualify for available services;
14        (11) serving Serving as the information referral
15    clearinghouse for all persons who are deafblind
16    deaf-blind, age 21 and older; and
17        (12) (blank). Providing transition services for
18    students of Philip J. Rock School who are deaf-blind and
19    between the ages of 14 1/2 and 21.
20    Priority of services shall be given to students referred
21to the Philip J. Rock Center and School who qualify as
22individuals with concomitant hearing and visual impairments
23under clause (i) of subsection (a) of this Section or who are
24eligible for special education services under the category of
25deafblind. Such a student may not be denied enrollment unless
26the student's placement in the Center and School would

 

 

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1endanger the health or safety of any other student.
2    (d) For the purposes of employment, the Philip J. Rock
3Center and School shall be considered its own employer. The
4State Board of Education shall appoint a chief administrator
5of the Philip J. Rock Center and School, who shall be employed
6by the Center and School and shall manage the daily operations
7of the Center and School. The chief administrator shall have
8the authority on behalf of the Center and School to:
9        (1) hire, evaluate, discipline, and terminate staff of
10    the Center and School;
11        (2) determine wages, benefits, and other conditions of
12    employment for all Center and School employees;
13        (3) bargain with the exclusive bargaining
14    representative of the employees of the Center and School;
15        (4) develop a budget to be submitted to the State
16    Board of Education for review and approval;
17        (5) contract for any professional, legal, and
18    educational services necessary for the operation of the
19    Center and School;
20        (6) make all decisions regarding the daily operations
21    of the Center and School; and
22        (7) perform any other duties as set forth in the
23    employment contract for the chief administrator.
24    (e) If the State Board of Education contracts for the
25fiscal administration of the Philip J. Rock Center and School,
26then the contract shall be with a school district, special

 

 

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1education cooperative, or regional office of education that
2can serve as the fiscal agent for the Center and School. To the
3extent possible, the fiscal agent shall be in close geographic
4proximity to the Center and School.
5    (f) Through the individualized education program process
6with the student's resident school district, a student who
7resides at the Philip J. Rock Center and School may be placed
8in an alternate educational program by the student's
9individualized education program team. Educational placement
10and services shall be provided free of charge to the student's
11resident school district, unless there is tuition associated
12with the educational placement and services. If the Philip J.
13Rock Center and School must pay tuition or provide
14transportation for a student's educational placement and
15services, such tuition or transportation shall be billed to
16the student's resident school district.
17    (g) The Advisory Board for Services for Persons who are
18deafblind Deaf-Blind shall provide advice to the State
19Superintendent of Education, the Governor, and the General
20Assembly on all matters pertaining to policy concerning
21persons who are deafblind deaf-blind, including the
22implementation of legislation enacted on their behalf.
23    The Regarding the maintenance, operation and education
24functions of the Philip J. Rock Center and School, the
25Advisory Board shall also make recommendations pertaining to
26but not limited to the following matters:

 

 

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1        (1) existing Existing and proposed programs of all
2    State agencies that provide services for persons who are
3    deafblind deaf-blind;
4        (2) the The State program and financial plan for
5    deafblind deaf-blind services and the system of priorities
6    to be developed by the State Board of Education;
7        (3) standards Standards for services in facilities
8    serving persons who are deafblind deaf-blind;
9        (4) standards Standards and rates for State payments
10    for any services purchased for persons who are deafblind
11    deaf-blind;
12        (5) services Services and research activities in the
13    field of deafblindness deaf-blindness, including the
14    evaluation of services; and
15        (6) planning Planning for personnel or preparation
16    personnel/preparation, both preservice and inservice.
17    The Advisory Board shall consist of 3 persons appointed by
18the Governor; 2 persons appointed by the State Superintendent
19of Education; 4 persons appointed by the Secretary of Human
20Services; and 2 persons appointed by the Director of Children
21and Family Services. The 3 appointments of the Governor shall
22consist of a senior citizen 60 years of age or older, a
23consumer who is deaf-blind, and a parent of a person who is
24deaf-blind; provided that if any gubernatorial appointee
25serving on the Advisory Board on the effective date of this
26amendatory Act of 1991 is not either a senior citizen 60 years

 

 

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1of age or older or a consumer who is deaf-blind or a parent of
2a person who is deaf-blind, then whenever that appointee's
3term of office expires or a vacancy in that appointee's office
4sooner occurs, the Governor shall make the appointment to fill
5that office or vacancy in a manner that will result, at the
6earliest possible time, in the Governor's appointments to the
7Advisory Board being comprised of one senior citizen 60 years
8of age or older, one consumer who is deaf-blind, and one parent
9of a person who is deaf-blind. One person designated by each
10agency other than the Department of Human Services may be an
11employee of that agency. Two persons appointed by the
12Secretary of Human Services may be employees of the Department
13of Human Services. The appointments of each appointing
14authority other than the Governor shall include at least one
15parent of an individual who is deafblind deaf-blind or a
16person who is deafblind deaf-blind.
17    Vacancies in terms shall be filled by the original
18appointing authority. After the original terms, all terms
19shall be for 3 years.
20    Except for those members of the Advisory Board who are
21compensated for State service on a full-time basis, members
22shall be reimbursed for all actual expenses incurred in the
23performance of their duties. Each member who is not
24compensated for State service on a full-time basis shall be
25compensated at a rate of $50 per day which he spends on
26Advisory Board duties. The Advisory Board shall meet at least

 

 

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12 4 times per year and not more than 12 times per year.
2    The State Board of Education Advisory Board shall provide
3support to the Advisory Board for its own organization.
4    Six members of the Advisory Board shall constitute a
5quorum. The affirmative vote of a majority of all members of
6the Advisory Board shall be necessary for any action taken by
7the Advisory Board.
8(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
989-507, eff. 7-1-97.)".