Full Text of SB3768 103rd General Assembly
SB3768ham002 103RD GENERAL ASSEMBLY | Rep. Terra Costa Howard Filed: 5/14/2024 | | 10300SB3768ham002 | | LRB103 39303 RJT 73170 a |
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| 1 | | AMENDMENT TO SENATE BILL 3768
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3768 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 14-11.02 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 | 8 | | the Deafblind. Notwithstanding any other Sections of this | 9 | | Article, the State Board of Education shall develop and | 10 | | operate or contract for the operation of a service center for | 11 | | persons who are deaf-blind. | 12 | | (a) For the purpose of this Section, persons who are | 13 | | deafblind with deaf-blindness are (i) individuals with | 14 | | concomitant hearing and visual impairments, the combination of | 15 | | which causes such severe communication and other developmental | 16 | | and educational needs that they cannot be accommodated in |
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| 1 | | special education programs solely for children with deafness | 2 | | or children with blindness, (ii) individuals with solely a | 3 | | hearing impairment, or (iii) individuals with solely a visual | 4 | | impairment persons who have both auditory and visual | 5 | | impairments, the combination of which causes such severe | 6 | | communication and other developmental, educational, vocational | 7 | | and rehabilitation problems that such persons cannot be | 8 | | properly accommodated in special education or vocational | 9 | | rehabilitation programs solely for persons with both hearing | 10 | | and visual disabilities . | 11 | | (b) To be eligible for deafblind deaf-blind services under | 12 | | this Section , a person must have (i) a visual impairment , a | 13 | | hearing and an auditory impairment, or both or (ii) a | 14 | | condition in which there is a progressive loss of hearing , or | 15 | | vision , or both that results in concomitant vision and hearing | 16 | | impairments and that adversely affects educational performance | 17 | | as determined by the multidisciplinary conference. For | 18 | | purposes 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 | 15 | | The State Board of Education shall is empowered to establish, | 16 | | maintain and operate or contract for the operation of a | 17 | | permanent , statewide, residential education facility | 18 | | state-wide service center known as the Philip J. Rock Center | 19 | | and School that services . The School serves eligible students | 20 | | children between the ages of 3 and 21, unless a student's 22nd | 21 | | birthday occurs during the school year, in which case the | 22 | | student is eligible for such services through the end of the | 23 | | school year. Subject to appropriation, the Philip J. Rock | 24 | | Center and School may provide additional services to 21; the | 25 | | Center serves eligible deafblind persons of all ages. The | 26 | | State Board of Education shall include a line item in its |
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| 1 | | budget to pay the costs of operating and maintaining the | 2 | | Philip J. Rock Center and School. If the Center and School | 3 | | receives appropriated funding to serve eligible deafblind | 4 | | persons of all ages, services Services provided by the Center | 5 | | and 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 | 21 | | to the Philip J. Rock Center and School who qualify as | 22 | | individuals with concomitant hearing and visual impairments | 23 | | under clause (i) of subsection (a) of this Section or who are | 24 | | eligible for special education services under the category of | 25 | | deafblind. Such a student may not be denied enrollment unless | 26 | | the student's placement in the Center and School would |
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| 1 | | endanger the health or safety of any other student. | 2 | | (d) For the purposes of employment, the Philip J. Rock | 3 | | Center and School shall be considered its own employer. The | 4 | | State Board of Education shall appoint a chief administrator | 5 | | of the Philip J. Rock Center and School, who shall be employed | 6 | | by the Center and School and shall manage the daily operations | 7 | | of the Center and School. The chief administrator shall have | 8 | | the 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 | 25 | | fiscal administration of the Philip J. Rock Center and School, | 26 | | then the contract shall be with a school district, special |
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| 1 | | education cooperative, or regional office of education that | 2 | | can serve as the fiscal agent for the Center and School. To the | 3 | | extent possible, the fiscal agent shall be in close geographic | 4 | | proximity to the Center and School. | 5 | | (f) Through the individualized education program process | 6 | | with the student's resident school district, a student who | 7 | | resides at the Philip J. Rock Center and School may be placed | 8 | | in an alternate educational program by the student's | 9 | | individualized education program team. Educational placement | 10 | | and services shall be provided free of charge to the student's | 11 | | resident school district, unless there is tuition associated | 12 | | with the educational placement and services. If the Philip J. | 13 | | Rock Center and School must pay tuition or provide | 14 | | transportation for a student's educational placement and | 15 | | services, such tuition or transportation shall be billed to | 16 | | the student's resident school district. | 17 | | (g) The Advisory Board for Services for Persons who are | 18 | | deafblind Deaf-Blind shall provide advice to the State | 19 | | Superintendent of Education, the Governor, and the General | 20 | | Assembly on all matters pertaining to policy concerning | 21 | | persons who are deafblind deaf-blind , including the | 22 | | implementation of legislation enacted on their behalf. | 23 | | The Regarding the maintenance, operation and education | 24 | | functions of the Philip J. Rock Center and School, the | 25 | | Advisory Board shall also make recommendations pertaining to | 26 | | but 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 | 18 | | the Governor; 2 persons appointed by the State Superintendent | 19 | | of Education; 4 persons appointed by the Secretary of Human | 20 | | Services; and 2 persons appointed by the Director of Children | 21 | | and Family Services. The 3 appointments of the Governor shall | 22 | | consist of a senior citizen 60 years of age or older, a | 23 | | consumer who is deaf-blind, and a parent of a person who is | 24 | | deaf-blind; provided that if any gubernatorial appointee | 25 | | serving on the Advisory Board on the effective date of this | 26 | | amendatory Act of 1991 is not either a senior citizen 60 years |
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| 1 | | of age or older or a consumer who is deaf-blind or a parent of | 2 | | a person who is deaf-blind, then whenever that appointee's | 3 | | term of office expires or a vacancy in that appointee's office | 4 | | sooner occurs, the Governor shall make the appointment to fill | 5 | | that office or vacancy in a manner that will result, at the | 6 | | earliest possible time, in the Governor's appointments to the | 7 | | Advisory Board being comprised of one senior citizen 60 years | 8 | | of age or older, one consumer who is deaf-blind, and one parent | 9 | | of a person who is deaf-blind. One person designated by each | 10 | | agency other than the Department of Human Services may be an | 11 | | employee of that agency. Two persons appointed by the | 12 | | Secretary of Human Services may be employees of the Department | 13 | | of Human Services. The appointments of each appointing | 14 | | authority other than the Governor shall include at least one | 15 | | parent of an individual who is deafblind deaf-blind or a | 16 | | person who is deafblind deaf-blind . | 17 | | Vacancies in terms shall be filled by the original | 18 | | appointing authority. After the original terms, all terms | 19 | | shall be for 3 years. | 20 | | Except for those members of the Advisory Board who are | 21 | | compensated for State service on a full-time basis, members | 22 | | shall be reimbursed for all actual expenses incurred in the | 23 | | performance of their duties. Each member who is not | 24 | | compensated for State service on a full-time basis shall be | 25 | | compensated at a rate of $50 per day which he spends on | 26 | | Advisory Board duties. The Advisory Board shall meet at least |
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| 1 | | 2 4 times per year and not more than 12 times per year . | 2 | | The State Board of Education Advisory Board shall provide | 3 | | support to the Advisory Board for its own organization . | 4 | | Six members of the Advisory Board shall constitute a | 5 | | quorum. The affirmative vote of a majority of all members of | 6 | | the Advisory Board shall be necessary for any action taken by | 7 | | the Advisory Board. | 8 | | (Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; | 9 | | 89-507, eff. 7-1-97.)". |
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