Bill Text: IL HB4507 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to operate and maintain the Illinois Center for Rehabilitation and Education for the care and education of educable young adults (rather than children) with one or more physical disabilities and provide in connection therewith nursing and medical care and academic, occupational, and related training to such young adults (rather than children). Provides that any Illinois resident under the age of 22 (rather than 21) years who is educable but has such a severe physical disability or other cause that he or she is unable to take advantage of the system of free education in the State of Illinois, may be admitted to the Center or other specified facilities. Defines "Director" and deletes the definition of "vocational rehabilitation administrator". Amends the School Code. Provides that if the child is deaf, hard of hearing, blind, visually impaired, or diagnosed with an orthopedic impairment or physical disability and he or she might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-05-22 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB4507 Detail]

Download: Illinois-2019-HB4507-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4507

Introduced , by Rep. Arthur Turner

SYNOPSIS AS INTRODUCED:
20 ILCS 2405/1b from Ch. 23, par. 3432
20 ILCS 2405/11 from Ch. 23, par. 3442
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02

Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to operate and maintain the Illinois Center for Rehabilitation and Education for the care and education of educable young adults (rather than children) with one or more physical disabilities and provide in connection therewith nursing and medical care and academic, occupational, and related training to such young adults (rather than children). Provides that any Illinois resident under the age of 22 (rather than 21) years who is educable but has such a severe physical disability or other cause that he or she is unable to take advantage of the system of free education in the State of Illinois, may be admitted to the Center or other specified facilities. Defines "Director" and deletes the definition of "vocational rehabilitation administrator". Amends the School Code. Provides that if the child is deaf, hard of hearing, blind, visually impaired, or diagnosed with an orthopedic impairment or physical disability and he or she might be eligible to receive services from the Illinois Center for Rehabilitation and Education, the school district shall notify the parents, in writing, of the existence of the school and the services provided and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB4507LRB101 16933 KTG 66333 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Rehabilitation of Persons with Disabilities
5Act is amended by changing Sections 1b and 11 as follows:
6 (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
7 Sec. 1b. For the purpose of this Act, the term "person with
8one or more disabilities" means any person who, by reason of a
9physical or mental impairment, is or may be expected to be
10totally or partially incapacitated for independent living or
11gainful employment; the term "rehabilitation" or
12"habilitation" means those vocational or other appropriate
13services which increase the opportunities for independent
14functioning or gainful employment; the term "comprehensive
15rehabilitation" means those services necessary and appropriate
16for increasing the potential for independent living or gainful
17employment as applicable; the term "Director" means the head of
18the designated State unit within the Department responsible for
19administration of rehabilitation services provided for in this
20Act, including, but not limited to, the administration of the
21federal Rehabilitation Act of 1973; the term "vocational
22rehabilitation administrator" means the head of the designated
23State unit within the Department responsible for

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1administration of rehabilitation services provided for in this
2Act, including but not limited to the administration of the
3federal Rehabilitation Act; the term "Department" means the
4Department of Human Services; and the term "Secretary" means
5the Secretary of Human Services.
6(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
7 (20 ILCS 2405/11) (from Ch. 23, par. 3442)
8 Sec. 11. Illinois Center for Rehabilitation and Education.
9The Department shall operate and maintain the Illinois Center
10for Rehabilitation and Education for the care and education of
11educable young adults children with one or more physical
12disabilities and provide in connection therewith nursing and
13medical care and academic, occupational, and related training
14to such young adults children.
15 Any Illinois resident under the age of 22 21 years who is
16educable but has such a severe physical disability as a result
17of cerebral palsy, muscular dystrophy, spina bifida, or other
18cause that he or she is unable to take advantage of the system
19of free education in the State of Illinois, may be admitted to
20the Center or be entitled to services and facilities provided
21hereunder. Young adults Children shall be admitted to the
22Center or be eligible for such services and facilities only
23after diagnosis according to procedures approved for this
24purpose. The Department may avail itself of the services of
25other public or private agencies in determining any young

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1adult's child's eligibility for admission to, or discharge
2from, the Center.
3 The Department may call upon other agencies of the State
4for such services as they are equipped to render in the care of
5young adults children with one or more physical disabilities,
6and such agencies are instructed to render those services which
7are consistent with their legal and administrative
8responsibilities.
9(Source: P.A. 88-172.)
10 Section 10. The School Code is amended by changing Section
1114-8.02 as follows:
12 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
13 Sec. 14-8.02. Identification, evaluation, and placement of
14children.
15 (a) The State Board of Education shall make rules under
16which local school boards shall determine the eligibility of
17children to receive special education. Such rules shall ensure
18that a free appropriate public education be available to all
19children with disabilities as defined in Section 14-1.02. The
20State Board of Education shall require local school districts
21to administer non-discriminatory procedures or tests to
22English learners coming from homes in which a language other
23than English is used to determine their eligibility to receive
24special education. The placement of low English proficiency

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1students in special education programs and facilities shall be
2made in accordance with the test results reflecting the
3student's linguistic, cultural and special education needs.
4For purposes of determining the eligibility of children the
5State Board of Education shall include in the rules definitions
6of "case study", "staff conference", "individualized
7educational program", and "qualified specialist" appropriate
8to each category of children with disabilities as defined in
9this Article. For purposes of determining the eligibility of
10children from homes in which a language other than English is
11used, the State Board of Education shall include in the rules
12definitions for "qualified bilingual specialists" and
13"linguistically and culturally appropriate individualized
14educational programs". For purposes of this Section, as well as
15Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
16"parent" means a parent as defined in the federal Individuals
17with Disabilities Education Act (20 U.S.C. 1401(23)).
18 (b) No child shall be eligible for special education
19facilities except with a carefully completed case study fully
20reviewed by professional personnel in a multidisciplinary
21staff conference and only upon the recommendation of qualified
22specialists or a qualified bilingual specialist, if available.
23At the conclusion of the multidisciplinary staff conference,
24the parent of the child shall be given a copy of the
25multidisciplinary conference summary report and
26recommendations, which includes options considered, and be

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1informed of his or her their right to obtain an independent
2educational evaluation if he or she disagrees they disagree
3with the evaluation findings conducted or obtained by the
4school district. If the school district's evaluation is shown
5to be inappropriate, the school district shall reimburse the
6parent for the cost of the independent evaluation. The State
7Board of Education shall, with advice from the State Advisory
8Council on Education of Children with Disabilities on the
9inclusion of specific independent educational evaluators,
10prepare a list of suggested independent educational
11evaluators. The State Board of Education shall include on the
12list clinical psychologists licensed pursuant to the Clinical
13Psychologist Licensing Act. Such psychologists shall not be
14paid fees in excess of the amount that would be received by a
15school psychologist for performing the same services. The State
16Board of Education shall supply school districts with such list
17and make the list available to parents at their request. School
18districts shall make the list available to parents at the time
19they are informed of their right to obtain an independent
20educational evaluation. However, the school district may
21initiate an impartial due process hearing under this Section
22within 5 days of any written parent request for an independent
23educational evaluation to show that its evaluation is
24appropriate. If the final decision is that the evaluation is
25appropriate, the parent still has a right to an independent
26educational evaluation, but not at public expense. An

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1independent educational evaluation at public expense must be
2completed within 30 days of a parent written request unless the
3school district initiates an impartial due process hearing or
4the parent or school district offers reasonable grounds to show
5that such 30-day 30 day time period should be extended. If the
6due process hearing decision indicates that the parent is
7entitled to an independent educational evaluation, it must be
8completed within 30 days of the decision unless the parent or
9the school district offers reasonable grounds to show that such
1030-day 30 day period should be extended. If a parent disagrees
11with the summary report or recommendations of the
12multidisciplinary conference or the findings of any
13educational evaluation which results therefrom, the school
14district shall not proceed with a placement based upon such
15evaluation and the child shall remain in his or her regular
16classroom setting. No child shall be eligible for admission to
17a special class for children with a mental disability who are
18educable or for children with a mental disability who are
19trainable except with a psychological evaluation and
20recommendation by a school psychologist. Consent shall be
21obtained from the parent of a child before any evaluation is
22conducted. If consent is not given by the parent or if the
23parent disagrees with the findings of the evaluation, then the
24school district may initiate an impartial due process hearing
25under this Section. The school district may evaluate the child
26if that is the decision resulting from the impartial due

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1process hearing and the decision is not appealed or if the
2decision is affirmed on appeal. The determination of
3eligibility shall be made and the IEP meeting shall be
4completed within 60 school days from the date of written
5parental consent. In those instances when written parental
6consent is obtained with fewer than 60 pupil attendance days
7left in the school year, the eligibility determination shall be
8made and the IEP meeting shall be completed prior to the first
9day of the following school year. Special education and related
10services must be provided in accordance with the student's IEP
11no later than 10 school attendance days after notice is
12provided to the parents pursuant to Section 300.503 of Title 34
13of the Code of Federal Regulations and implementing rules
14adopted by the State Board of Education. The appropriate
15program pursuant to the individualized educational program of
16students whose native tongue is a language other than English
17shall reflect the special education, cultural and linguistic
18needs. No later than September 1, 1993, the State Board of
19Education shall establish standards for the development,
20implementation and monitoring of appropriate bilingual special
21individualized educational programs. The State Board of
22Education shall further incorporate appropriate monitoring
23procedures to verify implementation of these standards. The
24district shall indicate to the parent and the State Board of
25Education the nature of the services the child will receive for
26the regular school term while waiting placement in the

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1appropriate special education class. At the child's initial IEP
2meeting and at each annual review meeting, the child's IEP team
3shall provide the child's parent or guardian with a written
4notification that informs the parent or guardian that the IEP
5team is required to consider whether the child requires
6assistive technology in order to receive free, appropriate
7public education. The notification must also include a
8toll-free telephone number and internet address for the State's
9assistive technology program.
10 If the child is deaf, hard of hearing, blind, or visually
11impaired, or diagnosed with an orthopedic impairment or
12physical disability and he or she might be eligible to receive
13services from the Illinois School for the Deaf, or the Illinois
14School for the Visually Impaired, or the Illinois Center for
15Rehabilitation and Education-Roosevelt, the school district
16shall notify the parents, in writing, of the existence of these
17schools and the services they provide and shall make a
18reasonable effort to inform the parents of the existence of
19other, local schools that provide similar services and the
20services that these other schools provide. This notification
21shall include without limitation information on school
22services, school admissions criteria, and school contact
23information.
24 In the development of the individualized education program
25for a student who has a disability on the autism spectrum
26(which includes autistic disorder, Asperger's disorder,

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1pervasive developmental disorder not otherwise specified,
2childhood disintegrative disorder, and Rett Syndrome, as
3defined in the Diagnostic and Statistical Manual of Mental
4Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
5consider all of the following factors:
6 (1) The verbal and nonverbal communication needs of the
7 child.
8 (2) The need to develop social interaction skills and
9 proficiencies.
10 (3) The needs resulting from the child's unusual
11 responses to sensory experiences.
12 (4) The needs resulting from resistance to
13 environmental change or change in daily routines.
14 (5) The needs resulting from engagement in repetitive
15 activities and stereotyped movements.
16 (6) The need for any positive behavioral
17 interventions, strategies, and supports to address any
18 behavioral difficulties resulting from autism spectrum
19 disorder.
20 (7) Other needs resulting from the child's disability
21 that impact progress in the general curriculum, including
22 social and emotional development.
23Public Act 95-257 does not create any new entitlement to a
24service, program, or benefit, but must not affect any
25entitlement to a service, program, or benefit created by any
26other law.

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1 If the student may be eligible to participate in the
2Home-Based Support Services Program for Adults with Mental
3Disabilities authorized under the Developmental Disability and
4Mental Disability Services Act upon becoming an adult, the
5student's individualized education program shall include plans
6for (i) determining the student's eligibility for those
7home-based services, (ii) enrolling the student in the program
8of home-based services, and (iii) developing a plan for the
9student's most effective use of the home-based services after
10the student becomes an adult and no longer receives special
11educational services under this Article. The plans developed
12under this paragraph shall include specific actions to be taken
13by specified individuals, agencies, or officials.
14 (c) In the development of the individualized education
15program for a student who is functionally blind, it shall be
16presumed that proficiency in Braille reading and writing is
17essential for the student's satisfactory educational progress.
18For purposes of this subsection, the State Board of Education
19shall determine the criteria for a student to be classified as
20functionally blind. Students who are not currently identified
21as functionally blind who are also entitled to Braille
22instruction include: (i) those whose vision loss is so severe
23that they are unable to read and write at a level comparable to
24their peers solely through the use of vision, and (ii) those
25who show evidence of progressive vision loss that may result in
26functional blindness. Each student who is functionally blind

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1shall be entitled to Braille reading and writing instruction
2that is sufficient to enable the student to communicate with
3the same level of proficiency as other students of comparable
4ability. Instruction should be provided to the extent that the
5student is physically and cognitively able to use Braille.
6Braille instruction may be used in combination with other
7special education services appropriate to the student's
8educational needs. The assessment of each student who is
9functionally blind for the purpose of developing the student's
10individualized education program shall include documentation
11of the student's strengths and weaknesses in Braille skills.
12Each person assisting in the development of the individualized
13education program for a student who is functionally blind shall
14receive information describing the benefits of Braille
15instruction. The individualized education program for each
16student who is functionally blind shall specify the appropriate
17learning medium or media based on the assessment report.
18 (d) To the maximum extent appropriate, the placement shall
19provide the child with the opportunity to be educated with
20children who do not have a disability; provided that children
21with disabilities who are recommended to be placed into regular
22education classrooms are provided with supplementary services
23to assist the children with disabilities to benefit from the
24regular classroom instruction and are included on the teacher's
25regular education class register. Subject to the limitation of
26the preceding sentence, placement in special classes, separate

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1schools or other removal of the child with a disability from
2the regular educational environment shall occur only when the
3nature of the severity of the disability is such that education
4in the regular classes with the use of supplementary aids and
5services cannot be achieved satisfactorily. The placement of
6English learners with disabilities shall be in non-restrictive
7environments which provide for integration with peers who do
8not have disabilities in bilingual classrooms. Annually, each
9January, school districts shall report data on students from
10non-English speaking backgrounds receiving special education
11and related services in public and private facilities as
12prescribed in Section 2-3.30. If there is a disagreement
13between parties involved regarding the special education
14placement of any child, either in-state or out-of-state, the
15placement is subject to impartial due process procedures
16described in Article 10 of the Rules and Regulations to Govern
17the Administration and Operation of Special Education.
18 (e) No child who comes from a home in which a language
19other than English is the principal language used may be
20assigned to any class or program under this Article until he
21has been given, in the principal language used by the child and
22used in his home, tests reasonably related to his cultural
23environment. All testing and evaluation materials and
24procedures utilized for evaluation and placement shall not be
25linguistically, racially or culturally discriminatory.
26 (f) Nothing in this Article shall be construed to require

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1any child to undergo any physical examination or medical
2treatment whose parents object thereto on the grounds that such
3examination or treatment conflicts with his religious beliefs.
4 (g) School boards or their designee shall provide to the
5parents of a child prior written notice of any decision (a)
6proposing to initiate or change, or (b) refusing to initiate or
7change, the identification, evaluation, or educational
8placement of the child or the provision of a free appropriate
9public education to their child, and the reasons therefor. Such
10written notification shall also inform the parent of the
11opportunity to present complaints with respect to any matter
12relating to the educational placement of the student, or the
13provision of a free appropriate public education and to have an
14impartial due process hearing on the complaint. The notice
15shall inform the parents in the parents' native language,
16unless it is clearly not feasible to do so, of their rights and
17all procedures available pursuant to this Act and the federal
18Individuals with Disabilities Education Improvement Act of
192004 (Public Law 108-446); it shall be the responsibility of
20the State Superintendent to develop uniform notices setting
21forth the procedures available under this Act and the federal
22Individuals with Disabilities Education Improvement Act of
232004 (Public Law 108-446) to be used by all school boards. The
24notice shall also inform the parents of the availability upon
25request of a list of free or low-cost legal and other relevant
26services available locally to assist parents in initiating an

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1impartial due process hearing. The State Superintendent shall
2revise the uniform notices required by this subsection (g) to
3reflect current law and procedures at least once every 2 years.
4Any parent who is deaf, or does not normally communicate using
5spoken English, who participates in a meeting with a
6representative of a local educational agency for the purposes
7of developing an individualized educational program shall be
8entitled to the services of an interpreter. The State Board of
9Education must adopt rules to establish the criteria,
10standards, and competencies for a bilingual language
11interpreter who attends an individualized education program
12meeting under this subsection to assist a parent who has
13limited English proficiency.
14 (g-5) For purposes of this subsection (g-5), "qualified
15professional" means an individual who holds credentials to
16evaluate the child in the domain or domains for which an
17evaluation is sought or an intern working under the direct
18supervision of a qualified professional, including a master's
19or doctoral degree candidate.
20 To ensure that a parent can participate fully and
21effectively with school personnel in the development of
22appropriate educational and related services for his or her
23child, the parent, an independent educational evaluator, or a
24qualified professional retained by or on behalf of a parent or
25child must be afforded reasonable access to educational
26facilities, personnel, classrooms, and buildings and to the

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1child as provided in this subsection (g-5). The requirements of
2this subsection (g-5) apply to any public school facility,
3building, or program and to any facility, building, or program
4supported in whole or in part by public funds. Prior to
5visiting a school, school building, or school facility, the
6parent, independent educational evaluator, or qualified
7professional may be required by the school district to inform
8the building principal or supervisor in writing of the proposed
9visit, the purpose of the visit, and the approximate duration
10of the visit. The visitor and the school district shall arrange
11the visit or visits at times that are mutually agreeable.
12Visitors shall comply with school safety, security, and
13visitation policies at all times. School district visitation
14policies must not conflict with this subsection (g-5). Visitors
15shall be required to comply with the requirements of applicable
16privacy laws, including those laws protecting the
17confidentiality of education records such as the federal Family
18Educational Rights and Privacy Act and the Illinois School
19Student Records Act. The visitor shall not disrupt the
20educational process.
21 (1) A parent must be afforded reasonable access of
22 sufficient duration and scope for the purpose of observing
23 his or her child in the child's current educational
24 placement, services, or program or for the purpose of
25 visiting an educational placement or program proposed for
26 the child.

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1 (2) An independent educational evaluator or a
2 qualified professional retained by or on behalf of a parent
3 or child must be afforded reasonable access of sufficient
4 duration and scope for the purpose of conducting an
5 evaluation of the child, the child's performance, the
6 child's current educational program, placement, services,
7 or environment, or any educational program, placement,
8 services, or environment proposed for the child, including
9 interviews of educational personnel, child observations,
10 assessments, tests or assessments of the child's
11 educational program, services, or placement or of any
12 proposed educational program, services, or placement. If
13 one or more interviews of school personnel are part of the
14 evaluation, the interviews must be conducted at a mutually
15 agreed upon time, date, and place that do not interfere
16 with the school employee's school duties. The school
17 district may limit interviews to personnel having
18 information relevant to the child's current educational
19 services, program, or placement or to a proposed
20 educational service, program, or placement.
21 (h) (Blank).
22 (i) (Blank).
23 (j) (Blank).
24 (k) (Blank).
25 (l) (Blank).
26 (m) (Blank).

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1 (n) (Blank).
2 (o) (Blank).
3(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
4100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
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