SB2521 96TH GENERAL ASSEMBLY

LRB096 15322 MJR 30472 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2521

Introduced 1/12/2010, by Sen. William Delgado

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-1.02	from Ch. 122, par. 14-1.02
105 ILCS 5/14-1.03a	from Ch. 122, par. 14-1.03a
105 ILCS 5/14-1.09	from Ch. 122, par. 14-1.09
105 ILCS 5/14-1.09a	from Ch. 122, par. 14-1.09a
105 ILCS 5/14-11.02	from Ch. 122, par. 14-11.02
105 ILCS 5/14-11.03	from Ch. 122, par. 14-11.03

Amends the School Code. Changes various provisions concerning special education to make those provisions applicable to children between the ages of 3 and 26 (instead of between the ages of 3 and 21).

A BILL FOR

AN ACT concerning education, which may be referred to as Candace's Law.

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 Sections 14-1.02, 14-1.03a, 14-1.09, 14-1.09a, 14-11.02, and 14-11.03 as follows:

(105 ILCS 5/14-1.02) (from Ch. 122, par. 14-1.02)

Sec. 14-1.02. Children with disabilities. "Children with disabilities" means children between the ages of 3 and 26 21 for whom it is determined, through definitions and procedures described in the Illinois Rules and Regulations to Govern the Organization and Administration of Special Education, that special education services are needed. An eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for such services through age 26 21, inclusive, which, for purposes of this Article, means the day before the student's 22nd birthday. An individualized education program must be written and agreed upon by appropriate school personnel and parents or their representatives for any child receiving special education.

(Source: P.A. 95-14, eff. 7-16-07.)

(105 ILCS 5/14-1.03a) (from Ch. 122, par. 14-1.03a)

Sec. 14-1.03a. Children with Specific Learning Disabilities.

"Children with Specific Learning Disabilities" means children between the ages of 3 and 26 21 years who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Such disorders include such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing or motor disabilities, of mental retardation, emotional disturbance or environmental disadvantage.

(Source: P.A. 89-397, eff. 8-20-95.)

(105 ILCS 5/14-1.09) (from Ch. 122, par. 14-1.09)

Sec. 14-1.09. School psychologist. "School psychologist" means a psychologist who has graduated with a master's or higher degree in psychology or educational psychology from an institution of higher learning which maintains equipment, courses of study, and standards of scholarship approved by the State Board of Education, who has had at least one school year of full-time supervised experience in the delivery of school psychological services of a character approved by the State Superintendent of Education, who has such additional qualifications as may be required by the State Board of Education, and who holds a School Service Personnel Certificate endorsed for school psychology issued pursuant to Section 21-25. Persons so certified may use the title "school psychologist" and may offer school psychological services which are limited to those services set forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children between the ages of 3 to 26 21, promulgated by the State Board of Education. School psychologists may make evaluations, recommendations or interventions regarding the placement of children in educational programs or special education classes. However, a school psychologist shall not provide such services outside his or her employment to any student in the district or districts which employ such school psychologist.

(Source: P.A. 85-361.)

(105 ILCS 5/14-1.09a) (from Ch. 122, par. 14-1.09a)

Sec. 14-1.09a. School social worker. "School Social Worker" means a social worker who has graduated with a master's or higher degree in social work from an accredited graduate school of social work and who has such additional qualifications as may be required by the State Board of Education and who holds a School Service Personnel Certificate endorsed for school social work issued pursuant to Section 21-25 of this Code. Persons so certified may use the title "school social worker" and may offer school social work services which are limited to those services set forth in 23 Ill. Adm. Code 226, Special Education, pertaining to children between the ages of 3 to 26 21, promulgated by the State Board of Education. School social workers may make evaluations, recommendations or interventions regarding the placement of children in educational programs or special education classes. However, a school social worker shall not provide such services outside his or her employment to any student in the district or districts which employ such school social worker.

(Source: P.A. 86-303.)

(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)

Sec. 14-11.02. 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. For the purpose of this Section, persons with deaf-blindness are 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.

To be eligible for deaf-blind services, a person must have (i) a visual impairment and an auditory impairment, 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:

(A) A visual impairment 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.

(B) An auditory impairment 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.

The State Board of Education is empowered to establish, maintain and operate or contract for the operation of a permanent state-wide service center known as the Philip J. Rock Center and School. The School serves eligible children between the ages of 3 and 26 21; the Center serves eligible persons of all ages. Services provided by the Center include, but are not limited to:

(1) Identifying and case management of persons who are auditorily and visually impaired;

(2) Providing families with appropriate counseling;

(3) Referring persons who are deaf-blind to appropriate agencies for medical and diagnostic services;

(4) Referring persons who are deaf-blind to appropriate agencies for educational, training and care services;

(5) Developing and expanding services throughout the State to persons who are deaf-blind. This will include ancillary services, such as transportation so that the individuals can take advantage of the expanded services;

(6) Maintaining a residential-educational training facility in the Chicago metropolitan area located in an area accessible to public transportation;

(7) Receiving, dispensing, and monitoring State and Federal funds to the School and Center designated for services to persons who are deaf-blind;

(8) Coordinating services to persons who are deaf-blind through all appropriate agencies, including the Department of Children and Family Services and the Department of Human Services;

(9) Entering into contracts with other agencies to provide services to persons who are deaf-blind;

(10) 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 as the referral clearinghouse for all persons who are deaf-blind, age 26 21 and older; and

(12) Providing transition services for students of Philip J. Rock School who are deaf-blind and between the ages of 14 1/2 and 26 21.

The Advisory Board for Services for Persons who are 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 deaf-blind, including the implementation of legislation enacted on their behalf.

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 and proposed programs of all State agencies that provide services for persons who are deaf-blind;

(2) The State program and financial plan for deaf-blind services and the system of priorities to be developed by the State Board of Education;

(3) Standards for services in facilities serving persons who are deaf-blind;

(4) Standards and rates for State payments for any services purchased for persons who are deaf-blind;

(5) Services and research activities in the field of deaf-blindness, including evaluation of services; and

(6) Planning for 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 deaf-blind or a person who is 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 4 times per year and not more than 12 times per year.

The Advisory Board shall provide 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.

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

(105 ILCS 5/14-11.03) (from Ch. 122, par. 14-11.03)

Sec. 14-11.03. Illinois Service Resource Center. The State Board of Education shall maintain, subject to appropriations for such purpose, the Service Resource Center for children and adolescents through the age of 26 21 who are deaf or hard-of-hearing and have an emotional or behavioral disorder. For the purpose of this Section, "children and adolescents who are deaf or hard-of-hearing and have an emotional or behavioral disorder" have an auditory impairment that is serious enough to warrant an array of special services and special education programs in order to assist both educationally and socially and the behavior is seriously disruptive and unacceptable to peers, educational staff, and persons in the community, or presents a danger to self or others.

The State Board shall operate or contract for the operation of the Illinois Service Resource Center for children and adolescents through the age of 26 21 who are deaf or hard-of-hearing and have an emotional or behavioral disorder. The Illinois Service Resource Center shall function as the initial point of contact for students, parents, and professionals. All existing and future services shall be coordinated through the Center.

The Illinois Service Resource Center shall:

(a) Develop and maintain a directory of public and private resources, including crisis intervention.

(b) Establish and maintain a Statewide identification and tracking system.

(c) Develop, obtain, and assure the consistency of screening instruments.

(d) Perform case coordination, referral, and consultation services.

(e) Provide technical assistance and training for existing programs and providers.

(f) Track the allocation and expenditure of State and federal funds.

(g) Monitor, evaluate, and assess Statewide resources, identification of services gaps, and the development and delivery of services.

(h) Identify by geographical areas the need for establishing evaluation and crisis intervention services and establish a pilot in downstate Illinois. The Service Resource Center shall provide for the coordination of services for children who are deaf or hard-of-hearing and have an emotional or behavioral disorder throughout the State and shall pilot a service delivery model to identify the capacity and need for comprehensive evaluation, crisis management, stabilization, referral, transition, family intervention, and follow-up services.

(i) Integrate the recommendations of the Interagency Board for Children who are Deaf or Hard-of-Hearing and have an Emotional or Behavioral Disorder regarding policies affecting children who are deaf or hard-of-hearing and have an emotional or behavioral disorder.

(j) Provide limited direct services as required.

The Center, if established, shall operate on a no-reject basis. Any child or adolescent diagnosed as deaf or hard-of-hearing and having an emotional or behavioral disorder under this Act who is referred to the Center for services shall qualify for services of the Center. The requirement of the no-reject basis shall be paramount in negotiating contracts and in supporting other agency services.

(Source: P.A. 88-663, eff. 9-16-94; 89-680, eff. 1-1-97.)