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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
5Removing Barriers to Higher Education Success 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. The public institution of
8    higher education may request additional documentation from
9    an individual who has had an IEP if the IEP was not in
10    effect immediately prior to the date when the individual
11    exited high school.
12        (2) Documentation that the individual has received
13    services or accommodations provided to the individual
14    under a Section 504 plan provided to the individual
15    pursuant to Section 504 of the federal Rehabilitation Act
16    of 1973. The public institution of higher education may
17    request additional documentation from an individual who
18    has received services or accommodations provided to the
19    individual under a Section 504 plan if the Section 504
20    plan was not in effect immediately prior to the date when
21    the individual exited high school.
22        (3) Documentation of a plan or record of service for
23    the individual from a private school, a local educational
24    agency, a State educational agency, or an institution of
25    higher education provided under a Section 504 plan
26    pursuant to Section 504 of the federal Rehabilitation Act

 

 

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1    of 1973 or in accordance with the federal Americans with
2    Disabilities Act of 1990.
3        (4) A record or evaluation from a relevant licensed
4    professional finding that the individual has a disability.
5        (5) A plan or record of disability from another
6    institution of higher education.
7        (6) Documentation of a disability due to military
8    service in the uniformed services.
9    (c) The policy adopted under subsection (a) must be
10transparent and explicit regarding information about the
11process by which the public institution of higher education
12determines eligibility for accommodations for an individual
13with a disability. Each public institution of higher education
14shall disseminate such information to students, parents, and
15faculty in accessible formats, including during any student
16orientation, and make the information readily available on a
17public website of the institution.
18    (d) A public institution of higher education may establish
19less burdensome criteria than the criteria described in this
20Section to establish whether an enrolled or admitted student
21is an individual with a disability.
 
22    Section 15. Establishment of reasonable accommodation. A
23public institution of higher education shall engage in an
24interactive process to establish a reasonable accommodation,
25including requesting additional documentation, if needed, for

 

 

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1an individual pursuant to Section 504 of the federal
2Rehabilitation Act of 1973 and the federal Americans with
3Disabilities Act of 1990.
 
4    Section 90. Construction with federal law. Nothing in this
5Act shall be construed to conflict with the terms "reasonable
6accommodation" and "record of such an impairment" under the
7federal Americans with Disabilities Act of 1990 or the rights
8or remedies provided under the federal Americans with
9Disabilities Act of 1990.