103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0099

 

Introduced 1/24/2023, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Respond, Innovate, Succeed, and Empower Act. Requires a public institution of higher education to adopt a policy that makes certain documentation submitted by an enrolled or admitted student sufficient to establish that the student is an individual with a disability. Requires the policy to be transparent and explicit regarding information about the process by which the public institution of higher education determines eligibility for accommodations for an individual with a disability. Provides that each public institution of higher education shall disseminate such information to students, parents, and faculty in accessible formats and make the information readily available on a public website of the institution. Allows a public institution of higher education to establish less burdensome criteria to establish whether an enrolled or admitted student is an individual with a disability. Requires a public institution of higher education to engage in an interactive process to establish a reasonable accommodation for an individual pursuant to the federal Rehabilitation Act of 1973 and the federal Americans with Disabilities Act of 1990.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Respond, Innovate, Succeed, and Empower Act.
 
6    Section 5. Definition. For purposes of this Act, "public
7institution of higher education" means the University of
8Illinois, Southern Illinois University, Chicago State
9University, Eastern Illinois University, Governors State
10University, Illinois State University, Northeastern Illinois
11University, Northern Illinois University, Western Illinois
12University, a public community college of this State, or any
13other public university, college, or community college now or
14hereafter established or authorized by the General Assembly.
 
15    Section 10. Students with disabilities policy and
16documentation; dissemination of information.
17    (a) Each public institution of higher education shall
18adopt a policy that makes any of the documentation described
19in subsection (b) submitted by an enrolled or admitted student
20sufficient to establish that the student is an individual with
21a disability.
22    (b) The policy adopted under subsection (a) must provide

 

 

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1that any of the following documentation submitted by an
2enrolled or admitted student is sufficient to establish that
3the student is an individual with a disability:
4        (1) Documentation that the individual has had an
5    individualized education program (IEP) in accordance with
6    Section 614(d) of the federal Individuals with
7    Disabilities Education Act, including an IEP that may not
8    be current on the date of the determination that the
9    individual has a disability. The public institution of
10    higher education may request additional documentation from
11    an individual who had an IEP but who was subsequently
12    evaluated and determined to be ineligible for services
13    under the federal Individuals with Disabilities Education
14    Act, including an individual determined to be ineligible
15    during elementary school.
16        (2) Documentation describing services or
17    accommodations provided to the individual pursuant to
18    Section 504 of the federal Rehabilitation Act of 1973,
19    commonly known as a "Section 504 plan".
20        (3) A plan or record of service for the individual
21    from a private school, a local educational agency, a State
22    educational agency, or an institution of higher education
23    provided in accordance with the federal Americans with
24    Disabilities Act of 1990.
25        (4) A record or evaluation from a relevant licensed
26    professional finding that the individual has a disability.

 

 

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1        (5) A plan or record of disability from another
2    institution of higher education.
3        (6) Documentation of a disability due to military
4    service in the uniformed services.
5    (c) The policy adopted under subsection (a) must be
6transparent and explicit regarding information about the
7process by which the public institution of higher education
8determines eligibility for accommodations for an individual
9with a disability. Each public institution of higher education
10shall disseminate such information to students, parents, and
11faculty in accessible formats, including during any student
12orientation, and make the information readily available on a
13public website of the institution.
14    (d) A public institution of higher education may establish
15less burdensome criteria than the criteria described in this
16Section to establish whether an enrolled or admitted student
17is an individual with a disability.
 
18    Section 15. Establishment of reasonable accommodation. A
19public institution of higher education shall engage in an
20interactive process to establish a reasonable accommodation,
21including requesting additional documentation, if needed, for
22an individual pursuant to Section 504 of the federal
23Rehabilitation Act of 1973 and the federal Americans with
24Disabilities Act of 1990.
 

 

 

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1    Section 90. Construction with federal law. Nothing in this
2Act shall be construed to conflict with the terms "reasonable
3accommodation" and "record of such an impairment" under the
4federal Americans with Disabilities Act of 1990 or the rights
5or remedies provided under the federal Americans with
6Disabilities Act of 1990.