Illinois General Assembly - Full Text of SB1981
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Full Text of SB1981  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Laura Fine


See Index

    Amends the Rehabilitation of Persons with Disabilities Act. Requires the Department of Human Services to prescribe and supervise courses of vocational training and to provide such other services as may be necessary for the vocational rehabilitation (rather than the habilitation and rehabilitation) of persons with one or more disabilities. Requires the Department to cooperate with State and local school authorities and other recognized agencies engaged in vocational rehabilitation services; and to cooperate with the Illinois State Board of Education and other specified entities regarding the education (rather than care and education) of children with one or more disabilities. Requires the Department to submit an annual report to the Governor that contains information on the programs, activities, and funding dedicated to vocational rehabilitation, independent living, and other community services and supports. Requires the Statewide Independent Living Council to develop a State Plan for Independent Living. Makes changes to provisions concerning grant awards to eligible centers for independent living. Makes changes to provisions concerning the Superintendent of the Illinois School for the Deaf and the Superintendent of the Illinois School of the Visually Impaired. Repeals provisions regarding community services for persons with visual disabilities at the Illinois Center for Rehabilitation and Education. Amends the Disabilities Services Act of 2003. Repeals provisions regarding a Rapid Reintegration Pilot Program. Amends the School Code. Provides that if a child with a disability 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. Effective immediately.

LRB102 16316 KTG 21702 b





SB1981LRB102 16316 KTG 21702 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, 3, 5, 5a, 9, 10, 11,
612a, and 13a as follows:
7    (20 ILCS 2405/1b)  (from Ch. 23, par. 3432)
8    Sec. 1b. Definitions. As used in For the purpose of this
9Act: , the term
10    "Person person with one or more disabilities" means a any
11person who, by reason of a physical or mental impairment, is or
12may be expected to require assistance to achieve be totally or
13partially incapacitated for independent living or competitive
14integrated employment.
15    "Vocational rehabilitation" gainful employment; the term
16"rehabilitation" or "habilitation" means those vocational or
17other appropriate services that which increase the
18opportunities for competitive integrated employment.
19    "Independent living" independent functioning or gainful
20employment; the term "comprehensive rehabilitation" means
21those services necessary and appropriate to support community
22living and independence.
23    "Director" for increasing the potential for independent



SB1981- 2 -LRB102 16316 KTG 21702 b

1living or gainful employment as applicable; the term
2"vocational rehabilitation administrator" means the head of
3the designated State unit within the Department responsible
4for administration of rehabilitation and independent living
5services provided for in this Act, including but not limited
6to the administration of the federal Rehabilitation Act of
71973, as amended by the Workforce Innovation and Opportunity
8Act. ; the term
9    "Department" means the Department of Human Services. ; and
10the term
11    "Secretary" means the Secretary of Human Services.
12(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
13    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
14    Sec. 3. Powers and duties. The Department shall have the
15powers and duties enumerated herein:
16        (a) To cooperate co-operate with the federal
17    government in the administration of the provisions of the
18    federal Rehabilitation Act of 1973, as amended by , of the
19    Workforce Innovation and Opportunity Act, and of the
20    federal Social Security Act to the extent and in the
21    manner provided in these Acts.
22        (b) To prescribe and supervise such courses of
23    vocational training and provide such other services as may
24    be necessary for the vocational habilitation and
25    rehabilitation of persons with one or more disabilities,



SB1981- 3 -LRB102 16316 KTG 21702 b

1    including the administrative activities under subsection
2    (e) of this Section; , and to cooperate co-operate with
3    State and local school authorities and other recognized
4    agencies engaged in vocational habilitation,
5    rehabilitation and comprehensive rehabilitation services;
6    and to cooperate with the Department of Children and
7    Family Services, the Illinois State Board of Education,
8    and others regarding the care and education of children
9    with one or more disabilities.
10        (c) (Blank).
11        (d) To report in writing, to the Governor, annually on
12    or before the first day of December, and at such other
13    times and in such manner and upon such subjects as the
14    Governor may require. The annual report shall contain (1)
15    information on the programs and activities dedicated to
16    vocational rehabilitation, independent living, and other
17    community services and supports administered by the
18    Director; (2) information on the development of vocational
19    rehabilitation services, independent living services, and
20    supporting services administered by the Director in the
21    State; and (3) information detailing a statement of the
22    existing condition of comprehensive rehabilitation
23    services, habilitation and rehabilitation in the State;
24    (2) a statement of suggestions and recommendations with
25    reference to the development of comprehensive
26    rehabilitation services, habilitation and rehabilitation



SB1981- 4 -LRB102 16316 KTG 21702 b

1    in the State; and (3) an itemized statement of the amounts
2    of money received from federal, State, and other sources,
3    and of the objects and purposes to which the respective
4    items of these several amounts have been devoted.
5        (e) (Blank).
6        (f) To establish a program of services to prevent the
7    unnecessary institutionalization of persons in need of
8    long term care and who meet the criteria for blindness or
9    disability as defined by the Social Security Act, thereby
10    enabling them to remain in their own homes. Such
11    preventive services include any or all of the following:
12            (1) personal assistant services;
13            (2) homemaker services;
14            (3) home-delivered meals;
15            (4) adult day care services;
16            (5) respite care;
17            (6) home modification or assistive equipment;
18            (7) home health services;
19            (8) electronic home response;
20            (9) brain injury behavioral/cognitive services;
21            (10) brain injury habilitation;
22            (11) brain injury pre-vocational services; or
23            (12) brain injury supported employment.
24        The Department shall establish eligibility standards
25    for such services taking into consideration the unique
26    economic and social needs of the population for whom they



SB1981- 5 -LRB102 16316 KTG 21702 b

1    are to be provided. Such eligibility standards may be
2    based on the recipient's ability to pay for services;
3    provided, however, that any portion of a person's income
4    that is equal to or less than the "protected income" level
5    shall not be considered by the Department in determining
6    eligibility. The "protected income" level shall be
7    determined by the Department, shall never be less than the
8    federal poverty standard, and shall be adjusted each year
9    to reflect changes in the Consumer Price Index For All
10    Urban Consumers as determined by the United States
11    Department of Labor. The standards must provide that a
12    person may not have more than $10,000 in assets to be
13    eligible for the services, and the Department may increase
14    or decrease the asset limitation by rule. The Department
15    may not decrease the asset level below $10,000.
16        The services shall be provided, as established by the
17    Department by rule, to eligible persons to prevent
18    unnecessary or premature institutionalization, to the
19    extent that the cost of the services, together with the
20    other personal maintenance expenses of the persons, are
21    reasonably related to the standards established for care
22    in a group facility appropriate to their condition. These
23    non-institutional services, pilot projects or experimental
24    facilities may be provided as part of or in addition to
25    those authorized by federal law or those funded and
26    administered by the Illinois Department on Aging. The



SB1981- 6 -LRB102 16316 KTG 21702 b

1    Department shall set rates and fees for services in a fair
2    and equitable manner. Services identical to those offered
3    by the Department on Aging shall be paid at the same rate.
4        Except as otherwise provided in this paragraph,
5    personal assistants shall be paid at a rate negotiated
6    between the State and an exclusive representative of
7    personal assistants under a collective bargaining
8    agreement. In no case shall the Department pay personal
9    assistants an hourly wage that is less than the federal
10    minimum wage. Within 30 days after July 6, 2017 (the
11    effective date of Public Act 100-23), the hourly wage paid
12    to personal assistants and individual maintenance home
13    health workers shall be increased by $0.48 per hour.
14        Solely for the purposes of coverage under the Illinois
15    Public Labor Relations Act, personal assistants providing
16    services under the Department's Home Services Program
17    shall be considered to be public employees and the State
18    of Illinois shall be considered to be their employer as of
19    July 16, 2003 (the effective date of Public Act 93-204),
20    but not before. Solely for the purposes of coverage under
21    the Illinois Public Labor Relations Act, home care and
22    home health workers who function as personal assistants
23    and individual maintenance home health workers and who
24    also provide services under the Department's Home Services
25    Program shall be considered to be public employees, no
26    matter whether the State provides such services through



SB1981- 7 -LRB102 16316 KTG 21702 b

1    direct fee-for-service arrangements, with the assistance
2    of a managed care organization or other intermediary, or
3    otherwise, and the State of Illinois shall be considered
4    to be the employer of those persons as of January 29, 2013
5    (the effective date of Public Act 97-1158), but not before
6    except as otherwise provided under this subsection (f).
7    The State shall engage in collective bargaining with an
8    exclusive representative of home care and home health
9    workers who function as personal assistants and individual
10    maintenance home health workers working under the Home
11    Services Program concerning their terms and conditions of
12    employment that are within the State's control. Nothing in
13    this paragraph shall be understood to limit the right of
14    the persons receiving services defined in this Section to
15    hire and fire home care and home health workers who
16    function as personal assistants and individual maintenance
17    home health workers working under the Home Services
18    Program or to supervise them within the limitations set by
19    the Home Services Program. The State shall not be
20    considered to be the employer of home care and home health
21    workers who function as personal assistants and individual
22    maintenance home health workers working under the Home
23    Services Program for any purposes not specifically
24    provided in Public Act 93-204 or Public Act 97-1158,
25    including but not limited to, purposes of vicarious
26    liability in tort and purposes of statutory retirement or



SB1981- 8 -LRB102 16316 KTG 21702 b

1    health insurance benefits. Home care and home health
2    workers who function as personal assistants and individual
3    maintenance home health workers and who also provide
4    services under the Department's Home Services Program
5    shall not be covered by the State Employees Group
6    Insurance Act of 1971.
7        The Department shall execute, relative to nursing home
8    prescreening, as authorized by Section 4.03 of the
9    Illinois Act on the Aging, written inter-agency agreements
10    with the Department on Aging and the Department of
11    Healthcare and Family Services, to effect the intake
12    procedures and eligibility criteria for those persons who
13    may need long term care. On and after July 1, 1996, all
14    nursing home prescreenings for individuals 18 through 59
15    years of age shall be conducted by the Department, or a
16    designee of the Department.
17        The Department is authorized to establish a system of
18    recipient cost-sharing for services provided under this
19    Section. The cost-sharing shall be based upon the
20    recipient's ability to pay for services, but in no case
21    shall the recipient's share exceed the actual cost of the
22    services provided. Protected income shall not be
23    considered by the Department in its determination of the
24    recipient's ability to pay a share of the cost of
25    services. The level of cost-sharing shall be adjusted each
26    year to reflect changes in the "protected income" level.



SB1981- 9 -LRB102 16316 KTG 21702 b

1    The Department shall deduct from the recipient's share of
2    the cost of services any money expended by the recipient
3    for disability-related expenses.
4        To the extent permitted under the federal Social
5    Security Act, the Department, or the Department's
6    authorized representative, may recover the amount of
7    moneys expended for services provided to or in behalf of a
8    person under this Section by a claim against the person's
9    estate or against the estate of the person's surviving
10    spouse, but no recovery may be had until after the death of
11    the surviving spouse, if any, and then only at such time
12    when there is no surviving child who is under age 21 or
13    blind or who has a permanent and total disability. This
14    paragraph, however, shall not bar recovery, at the death
15    of the person, of moneys for services provided to the
16    person or in behalf of the person under this Section to
17    which the person was not entitled; provided that such
18    recovery shall not be enforced against any real estate
19    while it is occupied as a homestead by the surviving
20    spouse or other dependent, if no claims by other creditors
21    have been filed against the estate, or, if such claims
22    have been filed, they remain dormant for failure of
23    prosecution or failure of the claimant to compel
24    administration of the estate for the purpose of payment.
25    This paragraph shall not bar recovery from the estate of a
26    spouse, under Sections 1915 and 1924 of the Social



SB1981- 10 -LRB102 16316 KTG 21702 b

1    Security Act and Section 5-4 of the Illinois Public Aid
2    Code, who precedes a person receiving services under this
3    Section in death. All moneys for services paid to or in
4    behalf of the person under this Section shall be claimed
5    for recovery from the deceased spouse's estate.
6    "Homestead", as used in this paragraph, means the dwelling
7    house and contiguous real estate occupied by a surviving
8    spouse or relative, as defined by the rules and
9    regulations of the Department of Healthcare and Family
10    Services, regardless of the value of the property.
11        The Department shall submit an annual report on
12    programs and services provided under this Section. The
13    report shall be filed with the Governor and the General
14    Assembly on or before March 30 each year.
15        The requirement for reporting to the General Assembly
16    shall be satisfied by filing copies of the report as
17    required by Section 3.1 of the General Assembly
18    Organization Act, and filing additional copies with the
19    State Government Report Distribution Center for the
20    General Assembly as required under paragraph (t) of
21    Section 7 of the State Library Act.
22        (g) To establish such subdivisions of the Department
23    as shall be desirable and assign to the various
24    subdivisions the responsibilities and duties placed upon
25    the Department by law.
26        (h) To cooperate and enter into any necessary



SB1981- 11 -LRB102 16316 KTG 21702 b

1    agreements with the Department of Employment Security for
2    the provision of job placement and job referral services
3    to clients of the Department, including job service
4    registration of such clients with Illinois Employment
5    Security offices and making job listings maintained by the
6    Department of Employment Security available to such
7    clients.
8        (i) To possess all powers reasonable and necessary for
9    the exercise and administration of the powers, duties and
10    responsibilities of the Department which are provided for
11    by law.
12        (j) (Blank).
13        (k) (Blank).
14        (l) To establish, operate, and maintain a Statewide
15    Housing Clearinghouse of information on available
16    government subsidized housing accessible to persons with
17    disabilities and available privately owned housing
18    accessible to persons with disabilities. The information
19    shall include, but not be limited to, the location, rental
20    requirements, access features and proximity to public
21    transportation of available housing. The Clearinghouse
22    shall consist of at least a computerized database for the
23    storage and retrieval of information and a separate or
24    shared toll free telephone number for use by those seeking
25    information from the Clearinghouse. Department offices and
26    personnel throughout the State shall also assist in the



SB1981- 12 -LRB102 16316 KTG 21702 b

1    operation of the Statewide Housing Clearinghouse.
2    Cooperation with local, State, and federal housing
3    managers shall be sought and extended in order to
4    frequently and promptly update the Clearinghouse's
5    information.
6        (m) To assure that the names and case records of
7    persons who received or are receiving services from the
8    Department, including persons receiving vocational
9    rehabilitation, home services, or other services, and
10    those attending one of the Department's schools or other
11    supervised facility shall be confidential and not be open
12    to the general public. Those case records and reports or
13    the information contained in those records and reports
14    shall be disclosed by the Director only to proper law
15    enforcement officials, individuals authorized by a court,
16    the General Assembly or any committee or commission of the
17    General Assembly, and other persons and for reasons as the
18    Director designates by rule. Disclosure by the Director
19    may be only in accordance with other applicable law.
20(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
21100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
228-14-18; 100-1148, eff. 12-10-18.)
23    (20 ILCS 2405/5)  (from Ch. 23, par. 3436)
24    Sec. 5. The Department is authorized to receive such gifts
25or donations, either from public or private sources, as may be



SB1981- 13 -LRB102 16316 KTG 21702 b

1offered unconditionally or under such conditions related to
2the comprehensive vocational rehabilitation services,
3independent living services, and other community services and
4supports administered by the Director for habilitation and
5rehabilitation of persons with one or more disabilities, as in
6the judgment of the Department are proper and consistent with
7the provisions of this Act.
8(Source: P.A. 94-91, eff. 7-1-05.)
9    (20 ILCS 2405/5a)  (from Ch. 23, par. 3437)
10    Sec. 5a. The State of Illinois does hereby (1) accept the
11provisions and benefits of the act of Congress entitled the
12Rehabilitation Act of 1973, as amended by the Workforce
13Innovation and Opportunity Act heretofore and hereafter
14amended, (2) designate the State Treasurer as custodian of all
15moneys received by the State from appropriations made by the
16Congress of the United States for comprehensive vocational
17rehabilitation services and related services for persons
18habilitation and rehabilitation of persons with one or more
19disabilities, to be kept in a fund to be known as the
20Vocational Rehabilitation Fund, and authorize the State
21treasurer to make disbursements therefrom upon the order of
22the Department, and (3) empower and direct the Department to
23cooperate with the federal government in carrying out the
24provisions of the Rehabilitation Act of 1973, as amended by
25the Workforce Innovation and Opportunity Act.



SB1981- 14 -LRB102 16316 KTG 21702 b

1(Source: P.A. 88-500.)
2    (20 ILCS 2405/9)  (from Ch. 23, par. 3440)
3    Sec. 9. Whenever, in the course of its vocational
4rehabilitation program, rehabilitation and habilitation
5program, the Department has provided tools, equipment, initial
6stock or other supplies to a person with one or more
7disabilities to establish a business enterprise as a
8self-employed person, other than a business enterprise under
9the supervision and management of a non-profit agency, the
10Department may, in its discretion, convey title to such tools,
11equipment, initial stock or other supplies at any time after
12the expiration of 6 months after such items are provided to
13that person.
14(Source: P.A. 86-607.)
15    (20 ILCS 2405/10)  (from Ch. 23, par. 3441)
16    Sec. 10. Residential schools; visual and hearing
18    (a) The Department of Human Services shall operate
19residential schools for the education of children with visual
20and hearing disabilities who are unable to take advantage of
21the regular educational facilities provided in the community,
22and shall provide in connection therewith such academic,
23vocational, and related services as may be required. Children
24shall be eligible for admission to these schools only after



SB1981- 15 -LRB102 16316 KTG 21702 b

1proper diagnosis and evaluation, in accordance with procedures
2prescribed by the Department.
3    (a-5) The Superintendent of the Illinois School for the
4Deaf shall be the chief executive officer of, and shall be
5responsible for the day to day operations of, the School, and
6shall obtain educational and professional employees who are
7certified by the Illinois State Board of Education or licensed
8by the appropriate agency or entity to which licensing
9authority has been delegated, as well as all other employees
10of the School, subject to the provisions of the Personnel Code
11and any applicable collective bargaining agreement. The
12Superintendent shall be appointed by the Governor, by and with
13the advice and consent of the Senate. In the case of a vacancy
14in the office of Superintendent during the recess of the
15Senate, the Governor shall make a temporary appointment until
16the next meeting of the Senate, when the Governor shall
17nominate some person to fill the office, and any person so
18nominated who is confirmed by the Senate shall hold office
19during the remainder of the term and until his or her successor
20is appointed and qualified. The Superintendent shall hold
21office (i) for a term expiring on June 30 of 2015, and every 4
22years thereafter and (ii) until the Superintendent's successor
23is appointed and qualified. The Superintendent shall devote
24his or her full time to the duties of the office, shall not
25serve in any other capacity during his or her term of office,
26and shall receive such compensation as the Governor shall



SB1981- 16 -LRB102 16316 KTG 21702 b

1determine. The Superintendent shall have an administrative
2certificate with a superintendent endorsement as provided for
3under Section 21-7.1 of the School Code, and shall have a
4degree in educational administration, together with at least
510 years of experience in either deaf or hard of hearing
6education, the administration of deaf or hard of hearing
7education, or a combination of the 2. Preference shall be
8given to candidates with a degree in deaf education. The
9Superintendent must be fluent in American Sign Language
10degrees in both educational administration and deaf education,
11together with at least 15 years of experience in either deaf
12education, the administration of deaf education, or a
13combination of the 2.
14    (a-10) The Superintendent of the Illinois School for the
15Visually Impaired shall be the chief executive officer of, and
16shall be responsible for the day to day operations of, the
17School, and shall obtain educational and professional
18employees who are certified by the Illinois State Board of
19Education or licensed by the appropriate agency or entity to
20which licensing authority has been delegated, as well as all
21other employees of the School, subject to the provisions of
22the Personnel Code and any applicable collective bargaining
23agreement. The Superintendent shall be appointed by the
24Governor, by and with the advice and consent of the Senate. In
25the case of a vacancy in the office of Superintendent during
26the recess of the Senate, the Governor shall make a temporary



SB1981- 17 -LRB102 16316 KTG 21702 b

1appointment until the next meeting of the Senate, when the
2Governor shall nominate some person to fill the office, and
3any person so nominated who is confirmed by the Senate shall
4hold office during the remainder of the term and until his or
5her successor is appointed and qualified. The Superintendent
6shall hold office (i) for a term expiring on June 30 of 2015,
7and every 4 years thereafter and (ii) until the
8Superintendent's successor is appointed and qualified. The
9Superintendent shall devote his or her full time to the duties
10of the office, shall not serve in any other capacity during his
11or her term of office, and shall receive such compensation as
12the Governor shall determine. The Superintendent shall have an
13administrative certificate with a superintendent endorsement
14as provided for under Section 21-7.1 of the School Code, and
15shall have a degree in educational administration, together
16with at least 10 years of experience in either blind or
17visually impaired education, the administration of blind or
18visually impaired education, or a combination of the 2.
19Preference shall be given to candidates with a degree in blind
20or visually impaired education. degrees in both educational
21administration and blind or visually impaired education,
22together with at least 15 years of experience in either blind
23or visually impaired education, the administration of blind or
24visually impaired education, or a combination of the 2.
25    (b) In administering the Illinois School for the Deaf, the
26Department shall adopt an admission policy which permits day



SB1981- 18 -LRB102 16316 KTG 21702 b

1or residential enrollment, when resources are sufficient, of
2children with hearing disabilities who are able to take
3advantage of the regular educational facilities provided in
4the community and thus unqualified for admission under
5subsection (a). In doing so, the Department shall establish an
6annual deadline by which shall be completed the enrollment of
7children qualified under subsection (a) for admission to the
8Illinois School for the Deaf. After the deadline, the Illinois
9School for the Deaf may enroll other children with hearing
10disabilities at the request of their parents or guardians if
11the Department determines there are sufficient resources to
12meet their needs as well as the needs of children enrolled
13before the deadline and children qualified under subsection
14(a) who may be enrolled after the deadline on an emergency
15basis. The Department shall adopt any rules and regulations
16necessary for the implementation of this subsection.
17    (c) In administering the Illinois School for the Visually
18Impaired, the Department shall adopt an admission policy that
19permits day or residential enrollment, when resources are
20sufficient, of children with visual disabilities who are able
21to take advantage of the regular educational facilities
22provided in the community and thus unqualified for admission
23under subsection (a). In doing so, the Department shall
24establish an annual deadline by which the enrollment of
25children qualified under subsection (a) for admission to the
26Illinois School for the Visually Impaired shall be completed.



SB1981- 19 -LRB102 16316 KTG 21702 b

1After the deadline, the Illinois School for the Visually
2Impaired may enroll other children with visual disabilities at
3the request of their parents or guardians if the Department
4determines there are sufficient resources to meet their needs
5as well as the needs of children enrolled before the deadline
6and children qualified under subsection (a) who may be
7enrolled after the deadline on an emergency basis. The
8Department shall adopt any rules and regulations necessary for
9the implementation of this subsection.
10(Source: P.A. 99-143, eff. 7-27-15.)
11    (20 ILCS 2405/11)  (from Ch. 23, par. 3442)
12    Sec. 11. Illinois Center for Rehabilitation and Education.
13The Department shall operate and maintain the Illinois Center
14for Rehabilitation and Education for the care and education of
15educable young adults children with one or more physical
16disabilities and provide in connection therewith nursing and
17medical care and academic, occupational, and related training
18to such young adults children.
19    Any Illinois resident under the age of 22 21 years who is
20educable but has such a severe physical disability as a result
21of cerebral palsy, muscular dystrophy, spina bifida, or other
22cause that he or she is unable to take advantage of the system
23of free education in the State of Illinois, may be admitted to
24the Center or be entitled to services and facilities provided
25hereunder. Young adults Children shall be admitted to the



SB1981- 20 -LRB102 16316 KTG 21702 b

1Center or be eligible for such services and facilities only
2after diagnosis according to procedures approved for this
3purpose. The Department may avail itself of the services of
4other public or private agencies in determining any young
5adult's child's eligibility for admission to, or discharge
6from, the Center.
7    The Department may call upon other agencies of the State
8for such services as they are equipped to render in the care of
9young adults children with one or more physical disabilities,
10and such agencies are instructed to render those services
11which are consistent with their legal and administrative
13(Source: P.A. 88-172.)
14    (20 ILCS 2405/12a)  (from Ch. 23, par. 3443a)
15    Sec. 12a. Centers for independent living.
16    (a) Purpose. Recognizing that persons with significant
17disabilities deserve a high quality of life within their
18communities regardless of their disabilities, the Department,
19working with the Statewide Independent Living Council, shall
20develop a State Plan for Independent Living for approval by
21the Department and subsequent submission to the Administrator
22based on federally prescribed timeframes. plan for submission
23on an annual basis to the Commissioner. The Department shall
24adopt rules for implementing the State Plan for Independent
25Living plan in accordance with the federal Act, including



SB1981- 21 -LRB102 16316 KTG 21702 b

1rules adopted under the federal Act governing the award of
3    (b) Definitions. As used in this Section, unless the
4context clearly requires otherwise:
5    "Administrator" means the Administrator of the
6Administration for Community Living in the United States
7Department of Health and Human Services.
8    "Federal Act" means the federal Rehabilitation Act of
91973, as amended.
10    "Center for independent living" means a consumer
11controlled, community based, cross-disability,
12non-residential, private non-profit agency that is designated
13and operated within a local community by individuals with
14disabilities and provides an array of independent living
16    "Consumer controlled" means that the center for
17independent living vests power and authority in individuals
18with disabilities and that at least 51% of the directors of the
19center are persons with one or more disabilities as defined by
20this Act.
21    "Commissioner" means the Commissioner of the
22Rehabilitation Services Administration in the United States
23Department of Education.
24    "Council" means the Statewide Independent Living Council
25appointed under subsection (d).
26    "Federal Act" means the federal Rehabilitation Act of



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11973, as amended.
2    "Individual with a disability" means any individual who
3has a physical or mental impairment that substantially limits
4a major life activity, has a record of such an impairment, or
5is regarded as having such an impairment.
6    "Individual with a significant disability" means an
7individual with a significant physical or mental impairment,
8whose ability to function independently in the family or
9community or whose ability to obtain, maintain, or advance in
10employment is substantially limited and for whom the delivery
11of independent living services will improve the ability to
12function, continue functioning, or move toward functioning
13independently in the family or community or to continue in
15    "State Plan for Independent Living plan" means the
16materials submitted by the Statewide Independent Living
17Council, after receiving the approval of the Department, to
18the Administrator based on federally prescribed timeframes
19Department to the Commissioner on an annual basis that contain
20the State's proposal for:
21        (1) The provision of statewide independent living
22    services.
23        (2) The development and support of a statewide network
24    of centers for independent living.
25        (3) Working relationships between (i) programs
26    providing independent living services and independent



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1    living centers and (ii) the vocational rehabilitation
2    program administered by the Department under the federal
3    Act and other programs providing services for individuals
4    with disabilities.
5    (c) Authority. The unit of the Department headed by the
6Director, or his or her designee, vocational rehabilitation
7administrator shall be designated the State unit under Title
8VII of the federal Act and shall have the following
10        (1) To receive, account for, and disburse funds
11    received by the State under the federal Act based on the
12    State Plan for Independent Living plan.
13        (2) To provide administrative support services to
14    centers for independent living programs.
15        (3) To keep records, and take such actions with
16    respect to those records, as the Administrator
17    Commissioner finds to be necessary with respect to the
18    programs.
19        (4) To submit additional information or provide
20    assurances the Administrator Commissioner may require with
21    respect to the programs.
22The vocational rehabilitation administrator and the
23Chairperson of the Council is are responsible for jointly
24developing and signing the State Plan for Independent Living
25plan required by Section 704 of the federal Act. The Director,
26or his or her designee, is responsible for approving the State



SB1981- 24 -LRB102 16316 KTG 21702 b

1Plan for Independent Living prior to its submission to the
2Administrator. The State Plan for Independent Living plan
3shall conform to the requirements of Section 704 of the
4federal Act.
5    (d) Statewide Independent Living Council.
6    The Governor shall appoint a Statewide Independent Living
7Council, comprised of 18 members, which shall be established
8as an entity separate and distinct from the Department. The
9composition of the Council shall include the following:
10        (1) At least one director of a center for independent
11    living chosen by the directors of centers for independent
12    living within the State.
13        (2) A representative from the unit of the Department
14    of Human Services responsible for the administration of
15    the vocational rehabilitation program and a representative
16    from another unit in the Department of Human Services that
17    provides services for individuals with disabilities and a
18    representative each from the Department on Aging, the
19    State Board of Education, and the Department of Children
20    and Family Services, all as ex officio, nonvoting
21    ex-officio, non-voting members who shall not be counted in
22    the 18 members appointed by the Governor.
23    In addition, the Council may include the following:
24        (A) One or more representatives of centers for
25    independent living.
26        (B) One or more parents or guardians of individuals



SB1981- 25 -LRB102 16316 KTG 21702 b

1    with disabilities.
2        (C) One or more advocates for individuals with
3    disabilities.
4        (D) One or more representatives of private business.
5        (E) One or more representatives of organizations that
6    provide services for individuals with disabilities.
7        (F) Other appropriate individuals.
8    After soliciting recommendations from organizations
9representing a broad range of individuals with disabilities
10and organizations interested in individuals with disabilities,
11the Governor shall appoint members of the Council for terms
12beginning July 1, 1993. The Council shall be composed of
13members (i) who provide statewide representation; (ii) who
14represent a broad range of individuals with disabilities from
15diverse backgrounds; (iii) who are knowledgeable about centers
16for independent living and independent living services; and
17(iv) a majority of whom are persons who are individuals with
18disabilities and are not employed by any State agency or
19center for independent living.
20    The council shall elect a chairperson from among its
21voting membership.
22    Each member of the Council shall serve for terms of 3
23years, except that (i) a member appointed to fill a vacancy
24occurring before the expiration of the term for which the
25predecessor was appointed shall be appointed for the remainder
26of that term and (ii) terms of the members initially appointed



SB1981- 26 -LRB102 16316 KTG 21702 b

1after the effective date of this amendatory Act of 1993 shall
2be as follows: 6 of the initial members shall be appointed for
3terms of one year, 6 shall be appointed for terms of 2 years,
4and 6 shall be appointed for terms of 3 years. No member of the
5council may serve more than 2 consecutive full terms.
6    Appointments to fill vacancies in unexpired terms and new
7terms shall be filled by the Governor or by the Council if the
8Governor delegates that power to the Council by executive
9order. The vacancy shall not affect the power of the remaining
10members to execute the powers and duties of the Council. The
11Council shall have the duties enumerated in subsections (c),
12(d), and (e) of Section 705 of the federal Act.
13    Members shall be reimbursed for their actual expenses
14incurred in the performance of their duties, including
15expenses for travel, child care, and personal assistance
16services, and a member who is not employed or who must forfeit
17wages from other employment shall be paid reasonable
18compensation for each day the member is engaged in performing
19the duties of the Council. The reimbursement or compensation
20shall be paid from moneys made available to the Department
21under Part B of Title VII of the federal Act.
22    In addition to the powers and duties granted to advisory
23boards by Section 5-505 of the Departments of State Government
24Law (20 ILCS 5/5-505), the Council shall have the authority to
25appoint jointly with the vocational rehabilitation
26administrator a peer review committee to consider and make



SB1981- 27 -LRB102 16316 KTG 21702 b

1recommendations for grants to eligible centers for independent
3    (e) Grants to centers for independent living. Each center
4for independent living that receives assistance from the
5Department under this Section shall comply with the standards
6and provide and comply with the assurances that are set forth
7in the State plan and consistent with Section 725 of the
8federal Act. Each center for independent living receiving
9financial assistance from the Department shall provide
10satisfactory assurances at the time and in the manner the
11Director, or his or her designee, requires. Centers for
12independent living receiving financial assistance from the
13Department shall comply with grant making provisions outlined
14in State and federal law, and with the requirements of their
15respective grant contracts. vocational rehabilitation
16administrator requires.
17    Beginning October 1, 1994, the Director, or his or her
18designee, vocational rehabilitation administrator may award
19grants to any eligible center for independent living that is
20receiving funds under Title VII of the federal Act, unless the
21Director, or his or her designee, vocational rehabilitation
22administrator makes a finding that the center for independent
23living fails to comply with the standards and assurances set
24forth in Section 725 of the federal Act.
25    If there is no center for independent living serving a
26region of the State or the region is underserved, and the State



SB1981- 28 -LRB102 16316 KTG 21702 b

1receives a federal increase in its allotment sufficient to
2support one or more additional centers for independent living
3in the State, the Director, or his or her designee, vocational
4rehabilitation administrator may award a grant under this
5subsection to one or more eligible agencies, consistent with
6the provisions of the State plan setting forth the design of
7the State for establishing a statewide network for centers for
8independent living.
9    In selecting from among eligible agencies in awarding a
10grant under this subsection for a new center for independent
11living, the Director, or his or her designee, vocational
12rehabilitation administrator and the chairperson of (or other
13individual designated by) the Council acting on behalf of and
14at the direction of the Council shall jointly appoint a peer
15review committee that shall rank applications in accordance
16with the standards and assurances set forth in Section 725 of
17the federal Act and criteria jointly established by the
18Director, or his or her designee, vocational rehabilitation
19administrator and the chairperson or designated individual.
20The peer review committee shall consider the ability of the
21applicant to operate a center for independent living and shall
22recommend an applicant to receive a grant under this
23subsection based on the following:
24        (1) Evidence of the need for a center for independent
25    living, consistent with the State plan.
26        (2) Any past performance of the applicant in providing



SB1981- 29 -LRB102 16316 KTG 21702 b

1    services comparable to independent living services.
2        (3) The applicant's plan for complying with, or
3    demonstrated success in complying with, the standards and
4    assurances set forth in Section 725 of the federal Act.
5        (4) The quality of key personnel of the applicant and
6    the involvement of individuals with significant
7    disabilities by the applicant.
8        (5) The budgets and cost effectiveness of the
9    applicant.
10        (6) The evaluation plan of the applicant.
11        (7) The ability of the applicant to carry out the
12    plan.
13    The Director, or his or her designee, vocational
14rehabilitation administrator shall award the grant on the
15basis of the recommendation of the peer review committee if
16the actions of the committee are consistent with federal and
17State law.
18    (f) Evaluation and review. The Director, or his or her
19designee, vocational rehabilitation administrator shall
20periodically review each center for independent living that
21receives funds from the Department under Title VII of the
22federal Act, or moneys appropriated from the General Revenue
23Fund, to determine whether the center is in compliance with
24the standards and assurances set forth in Section 725 of the
25federal Act, other applicable State and federal laws, and the
26provisions of the grant contract. If the Director, or his or



SB1981- 30 -LRB102 16316 KTG 21702 b

1her designee, vocational rehabilitation administrator
2determines that any center receiving those federal or State
3funds is not in compliance with the standards and assurances
4set forth in Section 725, the Director, or his or her designee,
5vocational rehabilitation administrator shall immediately
6notify the center that it is out of compliance. The Director,
7or his or her designee, shall recommend to the Secretary, or
8his or her designee, that all funding to that center be
9terminated vocational rehabilitation administrator shall
10terminate all funds to that center 90 days after the date of
11notification or, in the case of a center that requests an
12appeal, the date of any final decision, unless the center
13submits a plan to achieve compliance within 90 days and that
14plan is approved by the Director, or his or her designee,
15vocational rehabilitation administrator or (if on appeal) by
16the Secretary, or his or her designee Commissioner.
17(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
1892-16, eff. 6-28-01.)
19    (20 ILCS 2405/13a)  (from Ch. 23, par. 3444a)
20    Sec. 13a. (a) The Department shall be responsible for
21coordinating the establishment of local Transition Planning
22Committees. Members of the committees shall consist of
23representatives from special education; vocational and regular
24education; post-secondary education; parents of youth with
25disabilities; persons with disabilities; local business or



SB1981- 31 -LRB102 16316 KTG 21702 b

1industry; the Department of Human Services; public and private
2adult service providers; case coordination; and other
3consumer, school, and adult services as appropriate. The
4Committee shall elect a chair and shall meet at least
5quarterly. Each Transition Planning Committee shall:
6        (1) identify current transition services, programs,
7    and funding sources provided within the community for
8    secondary and post-secondary aged youth with disabilities
9    and their families as well as the development of
10    strategies to address unmet needs;
11        (2) facilitate the development of transition
12    interagency teams to address present and future transition
13    needs of individual students on their individual education
14    plans;
15        (3) develop a mission statement that emphasizes the
16    goals of integration and participation in all aspects of
17    community life for persons with disabilities;
18        (4) provide for the exchange of information such as
19    appropriate data, effectiveness studies, special projects,
20    exemplary programs, and creative funding of programs;
21        (5) develop consumer in-service and awareness training
22    programs in the local community; and
23        (6) assist in staff training for individual transition
24    planning and student transition needs assessment.
25    (b) Each Transition Planning Committee shall select a
26chair from among its members who shall serve for a term of one



SB1981- 32 -LRB102 16316 KTG 21702 b

1year. Each committee shall meet at least quarterly, or at such
2other times at the call of the chair.
3    (c) (Blank). Each Transition Planning Committee shall
4annually prepare and submit to the Interagency Coordinating
5Council a report which assesses the level of currently
6available services in the community as well as the level of
7unmet needs of secondary students with disabilities, makes
8recommendations to address unmet needs, and summarizes the
9steps taken to address unmet needs based on the
10recommendations made in previous reports.
11    (d) The name and affiliation of each local Transition
12Planning Committee member and the annual report required under
13subsection (c) of this Section shall be filed with the
14administrative office of each school district served by the
15local Transition Planning Committee, be made available to the
16public upon request, and be sent to each member of the General
17Assembly whose district encompasses the area served by the
18Transition Planning Committee.
19(Source: P.A. 92-452, eff. 8-21-01.)
20    (20 ILCS 2405/12 rep.)
21    Section 10. The Rehabilitation of Persons with
22Disabilities Act is amended by repealing Section 12.
23    (20 ILCS 2407/Art. 4 rep.)
24    Section 15. The Disabilities Services Act of 2003 is



SB1981- 33 -LRB102 16316 KTG 21702 b

1amended by repealing Article 4.
2    Section 20. The School Code is amended by changing Section
314-8.02 as follows:
4    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)
5    Sec. 14-8.02. Identification, evaluation, and placement of
7    (a) The State Board of Education shall make rules under
8which local school boards shall determine the eligibility of
9children to receive special education. Such rules shall ensure
10that a free appropriate public education be available to all
11children with disabilities as defined in Section 14-1.02. The
12State Board of Education shall require local school districts
13to administer non-discriminatory procedures or tests to
14English learners coming from homes in which a language other
15than English is used to determine their eligibility to receive
16special education. The placement of low English proficiency
17students in special education programs and facilities shall be
18made in accordance with the test results reflecting the
19student's linguistic, cultural and special education needs.
20For purposes of determining the eligibility of children the
21State Board of Education shall include in the rules
22definitions of "case study", "staff conference",
23"individualized educational program", and "qualified
24specialist" appropriate to each category of children with



SB1981- 34 -LRB102 16316 KTG 21702 b

1disabilities as defined in this Article. For purposes of
2determining the eligibility of children from homes in which a
3language other than English is used, the State Board of
4Education shall include in the rules definitions for
5"qualified bilingual specialists" and "linguistically and
6culturally appropriate individualized educational programs".
7For purposes of this Section, as well as Sections 14-8.02a,
814-8.02b, and 14-8.02c of this Code, "parent" means a parent
9as defined in the federal Individuals with Disabilities
10Education Act (20 U.S.C. 1401(23)).
11    (b) No child shall be eligible for special education
12facilities except with a carefully completed case study fully
13reviewed by professional personnel in a multidisciplinary
14staff conference and only upon the recommendation of qualified
15specialists or a qualified bilingual specialist, if available.
16At the conclusion of the multidisciplinary staff conference,
17the parent of the child shall be given a copy of the
18multidisciplinary conference summary report and
19recommendations, which includes options considered, and be
20informed of his or her their right to obtain an independent
21educational evaluation if he or she disagrees they disagree
22with the evaluation findings conducted or obtained by the
23school district. If the school district's evaluation is shown
24to be inappropriate, the school district shall reimburse the
25parent for the cost of the independent evaluation. The State
26Board of Education shall, with advice from the State Advisory



SB1981- 35 -LRB102 16316 KTG 21702 b

1Council on Education of Children with Disabilities on the
2inclusion of specific independent educational evaluators,
3prepare a list of suggested independent educational
4evaluators. The State Board of Education shall include on the
5list clinical psychologists licensed pursuant to the Clinical
6Psychologist Licensing Act. Such psychologists shall not be
7paid fees in excess of the amount that would be received by a
8school psychologist for performing the same services. The
9State Board of Education shall supply school districts with
10such list and make the list available to parents at their
11request. School districts shall make the list available to
12parents at the time they are informed of their right to obtain
13an independent educational evaluation. However, the school
14district may initiate an impartial due process hearing under
15this Section within 5 days of any written parent request for an
16independent educational evaluation to show that its evaluation
17is appropriate. If the final decision is that the evaluation
18is appropriate, the parent still has a right to an independent
19educational evaluation, but not at public expense. An
20independent educational evaluation at public expense must be
21completed within 30 days of a parent written request unless
22the school district initiates an impartial due process hearing
23or the parent or school district offers reasonable grounds to
24show that such 30-day 30 day time period should be extended. If
25the due process hearing decision indicates that the parent is
26entitled to an independent educational evaluation, it must be



SB1981- 36 -LRB102 16316 KTG 21702 b

1completed within 30 days of the decision unless the parent or
2the school district offers reasonable grounds to show that
3such 30-day 30 day period should be extended. If a parent
4disagrees with the summary report or recommendations of the
5multidisciplinary conference or the findings of any
6educational evaluation which results therefrom, the school
7district shall not proceed with a placement based upon such
8evaluation and the child shall remain in his or her regular
9classroom setting. No child shall be eligible for admission to
10a special class for children with a mental disability who are
11educable or for children with a mental disability who are
12trainable except with a psychological evaluation and
13recommendation by a school psychologist. Consent shall be
14obtained from the parent of a child before any evaluation is
15conducted. If consent is not given by the parent or if the
16parent disagrees with the findings of the evaluation, then the
17school district may initiate an impartial due process hearing
18under this Section. The school district may evaluate the child
19if that is the decision resulting from the impartial due
20process hearing and the decision is not appealed or if the
21decision is affirmed on appeal. The determination of
22eligibility shall be made and the IEP meeting shall be
23completed within 60 school days from the date of written
24parental consent. In those instances when written parental
25consent is obtained with fewer than 60 pupil attendance days
26left in the school year, the eligibility determination shall



SB1981- 37 -LRB102 16316 KTG 21702 b

1be made and the IEP meeting shall be completed prior to the
2first day of the following school year. Special education and
3related services must be provided in accordance with the
4student's IEP no later than 10 school attendance days after
5notice is provided to the parents pursuant to Section 300.503
6of Title 34 of the Code of Federal Regulations and
7implementing rules adopted by the State Board of Education.
8The appropriate program pursuant to the individualized
9educational program of students whose native tongue is a
10language other than English shall reflect the special
11education, cultural and linguistic needs. No later than
12September 1, 1993, the State Board of Education shall
13establish standards for the development, implementation and
14monitoring of appropriate bilingual special individualized
15educational programs. The State Board of Education shall
16further incorporate appropriate monitoring procedures to
17verify implementation of these standards. The district shall
18indicate to the parent and the State Board of Education the
19nature of the services the child will receive for the regular
20school term while waiting placement in the appropriate special
21education class. At the child's initial IEP meeting and at
22each annual review meeting, the child's IEP team shall provide
23the child's parent or guardian with a written notification
24that informs the parent or guardian that the IEP team is
25required to consider whether the child requires assistive
26technology in order to receive free, appropriate public



SB1981- 38 -LRB102 16316 KTG 21702 b

1education. The notification must also include a toll-free
2telephone number and internet address for the State's
3assistive technology program.
4    If the child is deaf, hard of hearing, blind, or visually
5impaired, or diagnosed with an orthopedic impairment or
6physical disability and he or she might be eligible to receive
7services from the Illinois School for the Deaf, or the
8Illinois School for the Visually Impaired, or the Illinois
9Center for Rehabilitation and Education-Roosevelt, the school
10district shall notify the parents, in writing, of the
11existence of these schools and the services they provide and
12shall make a reasonable effort to inform the parents of the
13existence of other, local schools that provide similar
14services and the services that these other schools provide.
15This notification shall include without limitation information
16on school services, school admissions criteria, and school
17contact information.
18    In the development of the individualized education program
19for a student who has a disability on the autism spectrum
20(which includes autistic disorder, Asperger's disorder,
21pervasive developmental disorder not otherwise specified,
22childhood disintegrative disorder, and Rett Syndrome, as
23defined in the Diagnostic and Statistical Manual of Mental
24Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
25consider all of the following factors:
26        (1) The verbal and nonverbal communication needs of



SB1981- 39 -LRB102 16316 KTG 21702 b

1    the child.
2        (2) The need to develop social interaction skills and
3    proficiencies.
4        (3) The needs resulting from the child's unusual
5    responses to sensory experiences.
6        (4) The needs resulting from resistance to
7    environmental change or change in daily routines.
8        (5) The needs resulting from engagement in repetitive
9    activities and stereotyped movements.
10        (6) The need for any positive behavioral
11    interventions, strategies, and supports to address any
12    behavioral difficulties resulting from autism spectrum
13    disorder.
14        (7) Other needs resulting from the child's disability
15    that impact progress in the general curriculum, including
16    social and emotional development.
17Public Act 95-257 does not create any new entitlement to a
18service, program, or benefit, but must not affect any
19entitlement to a service, program, or benefit created by any
20other law.
21    If the student may be eligible to participate in the
22Home-Based Support Services Program for Adults with Mental
23Disabilities authorized under the Developmental Disability and
24Mental Disability Services Act upon becoming an adult, the
25student's individualized education program shall include plans
26for (i) determining the student's eligibility for those



SB1981- 40 -LRB102 16316 KTG 21702 b

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



SB1981- 41 -LRB102 16316 KTG 21702 b

1combination with other special education services appropriate
2to the student's educational needs. The assessment of each
3student who is functionally blind for the purpose of
4developing the student's individualized education program
5shall include documentation of the student's strengths and
6weaknesses in Braille skills. Each person assisting in the
7development of the individualized education program for a
8student who is functionally blind shall receive information
9describing the benefits of Braille instruction. The
10individualized education program for each student who is
11functionally blind shall specify the appropriate learning
12medium or media based on the assessment report.
13    (d) To the maximum extent appropriate, the placement shall
14provide the child with the opportunity to be educated with
15children who do not have a disability; provided that children
16with disabilities who are recommended to be placed into
17regular education classrooms are provided with supplementary
18services to assist the children with disabilities to benefit
19from the regular classroom instruction and are included on the
20teacher's regular education class register. Subject to the
21limitation of the preceding sentence, placement in special
22classes, separate schools or other removal of the child with a
23disability from the regular educational environment shall
24occur only when the nature of the severity of the disability is
25such that education in the regular classes with the use of
26supplementary aids and services cannot be achieved



SB1981- 42 -LRB102 16316 KTG 21702 b

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



SB1981- 43 -LRB102 16316 KTG 21702 b

1    (g) School boards or their designee shall provide to the
2parents of a child prior written notice of any decision (a)
3proposing to initiate or change, or (b) refusing to initiate
4or change, the identification, evaluation, or educational
5placement of the child or the provision of a free appropriate
6public education to their child, and the reasons therefor.
7Such written notification shall also inform the parent of the
8opportunity to present complaints with respect to any matter
9relating to the educational placement of the student, or the
10provision of a free appropriate public education and to have
11an impartial due process hearing on the complaint. The notice
12shall inform the parents in the parents' native language,
13unless it is clearly not feasible to do so, of their rights and
14all procedures available pursuant to this Act and the federal
15Individuals with Disabilities Education Improvement Act of
162004 (Public Law 108-446); it shall be the responsibility of
17the State Superintendent to develop uniform notices setting
18forth the procedures available under this Act and the federal
19Individuals with Disabilities Education Improvement Act of
202004 (Public Law 108-446) to be used by all school boards. The
21notice shall also inform the parents of the availability upon
22request of a list of free or low-cost legal and other relevant
23services available locally to assist parents in initiating an
24impartial due process hearing. The State Superintendent shall
25revise the uniform notices required by this subsection (g) to
26reflect current law and procedures at least once every 2



SB1981- 44 -LRB102 16316 KTG 21702 b

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



SB1981- 45 -LRB102 16316 KTG 21702 b

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



SB1981- 46 -LRB102 16316 KTG 21702 b

1    sufficient duration and scope for the purpose of
2    conducting an evaluation of the child, the child's
3    performance, the child's current educational program,
4    placement, services, or environment, or any educational
5    program, placement, services, or environment proposed for
6    the child, including interviews of educational personnel,
7    child observations, assessments, tests or assessments of
8    the child's educational program, services, or placement or
9    of any proposed educational program, services, or
10    placement. If one or more interviews of school personnel
11    are part of the evaluation, the interviews must be
12    conducted at a mutually agreed upon time, date, and place
13    that do not interfere with the school employee's school
14    duties. The school district may limit interviews to
15    personnel having information relevant to the child's
16    current educational services, program, or placement or to
17    a proposed educational service, program, or placement.
18    (h) (Blank).
19    (i) (Blank).
20    (j) (Blank).
21    (k) (Blank).
22    (l) (Blank).
23    (m) (Blank).
24    (n) (Blank).
25    (o) (Blank).
26(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;



SB1981- 47 -LRB102 16316 KTG 21702 b

1100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.



SB1981- 48 -LRB102 16316 KTG 21702 b

2 Statutes amended in order of appearance
3    20 ILCS 2405/1bfrom Ch. 23, par. 3432
4    20 ILCS 2405/3from Ch. 23, par. 3434
5    20 ILCS 2405/5from Ch. 23, par. 3436
6    20 ILCS 2405/5afrom Ch. 23, par. 3437
7    20 ILCS 2405/9from Ch. 23, par. 3440
8    20 ILCS 2405/10from Ch. 23, par. 3441
9    20 ILCS 2405/11from Ch. 23, par. 3442
10    20 ILCS 2405/12afrom Ch. 23, par. 3443a
11    20 ILCS 2405/13afrom Ch. 23, par. 3444a
12    20 ILCS 2405/12 rep.
13    20 ILCS 2407/Art. 4 rep.
14    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02