Sen. Laura Fine

Filed: 3/2/2023

 

 


 

 


 
10300SB0099sam001LRB103 05883 RJT 58033 a

1
AMENDMENT TO SENATE BILL 99

2    AMENDMENT NO. ______. Amend Senate Bill 99 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10300SB0099sam001- 2 -LRB103 05883 RJT 58033 a

1documentation; dissemination of information.
2    (a) Each public institution of higher education shall
3adopt a policy that makes any of the documentation described
4in subsection (b) submitted by an enrolled or admitted student
5sufficient to establish that the student is an individual with
6a disability.
7    (b) The policy adopted under subsection (a) must provide
8that any of the following documentation submitted by an
9enrolled or admitted student is sufficient to establish that
10the student is an individual with a disability:
11        (1) Documentation that the individual has had an
12    individualized education program (IEP) in accordance with
13    Section 614(d) of the federal Individuals with
14    Disabilities Education Act. The public institution of
15    higher education may request additional documentation from
16    an individual who has had an IEP if the IEP was not in
17    effect immediately prior to the date when the individual
18    exited high school.
19        (2) Documentation that the individual has received
20    services or accommodations provided to the individual
21    under a Section 504 plan provided to the individual
22    pursuant to Section 504 of the federal Rehabilitation Act
23    of 1973. The public institution of higher education may
24    request additional documentation from an individual who
25    has received services or accommodations provided to the
26    individual under a Section 504 plan if the Section 504

 

 

10300SB0099sam001- 3 -LRB103 05883 RJT 58033 a

1    plan was not in effect immediately prior to the date when
2    the individual exited high school.
3        (3) Documentation of a plan or record of service for
4    the individual from a private school, a local educational
5    agency, a State educational agency, or an institution of
6    higher education provided under a Section 504 plan
7    pursuant to Section 504 of the federal Rehabilitation Act
8    of 1973 or in accordance with the federal Americans with
9    Disabilities Act of 1990.
10        (4) A record or evaluation from a relevant licensed
11    professional finding that the individual has a disability.
12        (5) A plan or record of disability from another
13    institution of higher education.
14        (6) Documentation of a disability due to military
15    service in the uniformed services.
16    (c) The policy adopted under subsection (a) must be
17transparent and explicit regarding information about the
18process by which the public institution of higher education
19determines eligibility for accommodations for an individual
20with a disability. Each public institution of higher education
21shall disseminate such information to students, parents, and
22faculty in accessible formats, including during any student
23orientation, and make the information readily available on a
24public website of the institution.
25    (d) A public institution of higher education may establish
26less burdensome criteria than the criteria described in this

 

 

10300SB0099sam001- 4 -LRB103 05883 RJT 58033 a

1Section to establish whether an enrolled or admitted student
2is an individual with a disability.
 
3    Section 15. Establishment of reasonable accommodation. A
4public institution of higher education shall engage in an
5interactive process to establish a reasonable accommodation,
6including requesting additional documentation, if needed, for
7an individual pursuant to Section 504 of the federal
8Rehabilitation Act of 1973 and the federal Americans with
9Disabilities Act of 1990.
 
10    Section 90. Construction with federal law. Nothing in this
11Act shall be construed to conflict with the terms "reasonable
12accommodation" and "record of such an impairment" under the
13federal Americans with Disabilities Act of 1990 or the rights
14or remedies provided under the federal Americans with
15Disabilities Act of 1990.".