[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] |
90_SB0237ham001
LRB9001529MWpcam
1 AMENDMENT TO SENATE BILL 237
2 AMENDMENT NO. . Amend Senate Bill 237 by replacing
3 the title with the following:
4 "AN ACT concerning support services."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The School Code is amended by changing
8 Section 14-8.02 as follows:
9 (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
10 Sec. 14-8.02. Identification, Evaluation and Placement
11 of Children.
12 (a) The State Board of Education shall make rules under
13 which local school boards shall determine the eligibility of
14 children to receive special education. Such rules shall
15 ensure that a free appropriate public education be available
16 to all children with disabilities as defined in Section
17 14-1.02. The State Board of Education shall require local
18 school districts to administer non-discriminatory procedures
19 or tests to limited English proficiency students coming from
20 homes in which a language other than English is used to
21 determine their eligibility to receive special education.
-2- LRB9001529MWpcam
1 The placement of low English proficiency students in special
2 education programs and facilities shall be made in accordance
3 with the test results reflecting the student's linguistic,
4 cultural and special education needs. For purposes of
5 determining the eligibility of children the State Board of
6 Education shall include in the rules definitions of "case
7 study", "staff conference", "individualized educational
8 program", and "qualified specialist" appropriate to each
9 category of children with disabilities as defined in this
10 Article. For purposes of determining the eligibility of
11 children from homes in which a language other than English is
12 used, the State Board of Education, no later than September
13 1, 1993, shall include in the rules definitions for
14 "qualified bilingual specialists" and "linguistically and
15 culturally appropriate individualized educational programs".
16 (b) No child shall be eligible for special education
17 facilities except with a carefully completed case study fully
18 reviewed by professional personnel in a multidisciplinary
19 staff conference and only upon the recommendation of
20 qualified specialists or a qualified bilingual specialist, if
21 available. At the conclusion of the multidisciplinary staff
22 conference, the parent or guardian of the child shall be
23 given a copy of the multidisciplinary conference summary
24 report and recommendations, which includes options
25 considered, and be informed of their right to obtain an
26 independent educational evaluation if they disagree with the
27 evaluation findings conducted or obtained by the school
28 district. If the school district's evaluation is shown to be
29 inappropriate, the school district shall reimburse the parent
30 for the cost of the independent evaluation. The State Board
31 of Education shall, with advice from the State Advisory
32 Council on Education of Children with Disabilities on the
33 inclusion of specific independent educational evaluators,
34 prepare a list of suggested independent educational
-3- LRB9001529MWpcam
1 evaluators. The State Board of Education shall include on the
2 list clinical psychologists licensed pursuant to the Clinical
3 Psychologist Licensing Act. Such psychologists shall not be
4 paid fees in excess of the amount that would be received by a
5 school psychologist for performing the same services. The
6 State Board of Education shall supply school districts with
7 such list and make the list available to parents at their
8 request. School districts shall make the list available to
9 parents at the time they are informed of their right to
10 obtain an independent educational evaluation. However, the
11 school district may initiate an impartial due process hearing
12 under this Section within 5 days of any written parent or
13 guardian request for an independent educational evaluation to
14 show that its evaluation is appropriate. If the final
15 decision is that the evaluation is appropriate, the parent
16 still has a right to an independent educational evaluation,
17 but not at public expense. An independent educational
18 evaluation at public expense must be completed within 30 days
19 of a parent or guardian written request unless the school
20 district initiates an impartial due process hearing or the
21 parent or guardian or school district offers reasonable
22 grounds to show that such 30 day time period should be
23 extended. If the due process hearing decision indicates that
24 the parent or guardian is entitled to an independent
25 educational evaluation, it must be completed within 30 days
26 of the decision unless the parent or guardian or the school
27 district offers reasonable grounds to show that such 30 day
28 period should be extended. If a parent disagrees with the
29 summary report or recommendations of the multidisciplinary
30 conference or the findings of any educational evaluation
31 which results therefrom, the school district shall not
32 proceed with a placement based upon such evaluation and the
33 child shall remain in his or her regular classroom setting.
34 No child shall be eligible for admission to a special class
-4- LRB9001529MWpcam
1 for the educable mentally disabled or for the trainable
2 mentally disabled except with a psychological evaluation and
3 recommendation by a school psychologist. Consent shall be
4 obtained from the parent or guardian of a child before any
5 evaluation is conducted. If consent is not given by the
6 parent or guardian or if the parent or guardian disagrees
7 with the findings of the evaluation, then the school district
8 may initiate an impartial due process hearing under this
9 Section. The school district may evaluate the child if that
10 is the decision resulting from the impartial due process
11 hearing and the decision is not appealed or if the decision
12 is affirmed on appeal. The determination of eligibility shall
13 be made within 60 school days from the date of referral by
14 school authorities for evaluation by the district or date of
15 application for admittance by the parent or guardian of the
16 child. In those instances when students are referred for
17 evaluation with fewer than 60 pupil attendance days left in
18 the school year, the eligibility determination shall be made
19 prior to the first day of the following school year. After a
20 child has been determined to be eligible for a special
21 education class, such child must be placed in the appropriate
22 program pursuant to the individualized educational program by
23 or no later than the beginning of the next school semester.
24 The appropriate program pursuant to the individualized
25 educational program of students whose native tongue is a
26 language other than English shall reflect the special
27 education, cultural and linguistic needs. No later than
28 September 1, 1993, the State Board of Education shall
29 establish standards for the development, implementation and
30 monitoring of appropriate bilingual special individualized
31 educational programs. The State Board of Education shall
32 further incorporate appropriate monitoring procedures to
33 verify implementation of these standards. The district shall
34 indicate to the parent or guardian and the State Board of
-5- LRB9001529MWpcam
1 Education the nature of the services the child will receive
2 for the regular school term while waiting placement in the
3 appropriate special education class.
4 If the student may be eligible to participate in the
5 Home-Based Support Services Program for Mentally Disabled
6 Adults authorized under the Developmental Disability and
7 Mental Disability Services Act upon becoming an adult, the
8 student's individualized education program shall include
9 plans for (i) determining the student's eligibility for those
10 home-based services, (ii) enrolling the student in the
11 program of home-based services, and (iii) developing a plan
12 for the student's most effective use of the home-based
13 services after the student becomes an adult and no longer
14 receives special educational services under this Article.
15 The plans developed under this paragraph shall include
16 specific actions to be taken by specified individuals,
17 agencies, or officials. Moneys appropriated to the Department
18 of Human Services for community service grant programs for
19 persons with mental illness or developmental disabilities may
20 be used to fund the Home-Based Support Services program for
21 persons who leave special education because of their age.
22 (c) In the development of the individualized education
23 program for a student who is functionally blind, it shall be
24 presumed that proficiency in Braille reading and writing is
25 essential for the student's satisfactory educational
26 progress. For purposes of this subsection, the State Board
27 of Education shall determine the criteria for a student to be
28 classified as functionally blind. Students who are not
29 currently identified as functionally blind who are also
30 entitled to Braille instruction include: (i) those whose
31 vision loss is so severe that they are unable to read and
32 write at a level comparable to their peers solely through the
33 use of vision, and (ii) those who show evidence of
34 progressive vision loss that may result in functional
-6- LRB9001529MWpcam
1 blindness. Each student who is functionally blind shall be
2 entitled to Braille reading and writing instruction that is
3 sufficient to enable the student to communicate with the same
4 level of proficiency as other students of comparable ability.
5 Instruction should be provided to the extent that the student
6 is physically and cognitively able to use Braille. Braille
7 instruction may be used in combination with other special
8 education services appropriate to the student's educational
9 needs. The assessment of each student who is functionally
10 blind for the purpose of developing the student's
11 individualized education program shall include documentation
12 of the student's strengths and weaknesses in Braille skills.
13 Each person assisting in the development of the
14 individualized education program for a student who is
15 functionally blind shall receive information describing the
16 benefits of Braille instruction. The individualized
17 education program for each student who is functionally blind
18 shall specify the appropriate learning medium or media based
19 on the assessment report.
20 (d) To the maximum extent appropriate, the placement
21 shall provide the child with the opportunity to be educated
22 with children who are not disabled; provided that children
23 with disabilities who are recommended to be placed into
24 regular education classrooms are provided with supplementary
25 services to assist the children with disabilities to benefit
26 from the regular classroom instruction and are included on
27 the teacher's regular education class register. Subject to
28 the limitation of the preceding sentence, placement in
29 special classes, separate schools or other removal of the
30 disabled child from the regular educational environment shall
31 occur only when the nature of the severity of the disability
32 is such that education in the regular classes with the use of
33 supplementary aids and services cannot be achieved
34 satisfactorily. The placement of limited English proficiency
-7- LRB9001529MWpcam
1 students with disabilities shall be in non-restrictive
2 environments which provide for integration with non-disabled
3 peers in bilingual classrooms. By January 1993 and annually
4 thereafter, school districts shall report data on students
5 from non-English speaking backgrounds receiving special
6 education and related services in public and private
7 facilities as prescribed in Section 2-3.30. If there is a
8 disagreement between parties involved regarding the special
9 education placement of any child, either in-state or
10 out-of-state, the placement is subject to impartial due
11 process procedures described in Article 10 of the Rules and
12 Regulations to Govern the Administration and Operation of
13 Special Education.
14 (e) No child who comes from a home in which a language
15 other than English is the principal language used may be
16 assigned to any class or program under this Article until he
17 has been given, in the principal language used by the child
18 and used in his home, tests reasonably related to his
19 cultural environment. All testing and evaluation materials
20 and procedures utilized for evaluation and placement shall
21 not be linguistically, racially or culturally discriminatory.
22 (f) Nothing in this Article shall be construed to
23 require any child to undergo any physical examination or
24 medical treatment whose parents or guardian object thereto on
25 the grounds that such examination or treatment conflicts with
26 his religious beliefs.
27 (g) School boards or their designee shall provide to the
28 parents or guardian of a child prior written notice of any
29 decision (a) proposing to initiate or change, or (b) refusing
30 to initiate or change, the identification, evaluation, or
31 educational placement of the child or the provision of a free
32 appropriate public education to their child, and the reasons
33 therefor. Such written notification shall also inform the
34 parent or guardian of the opportunity to present complaints
-8- LRB9001529MWpcam
1 with respect to any matter relating to the educational
2 placement of the student, or the provision of a free
3 appropriate public education and to have an impartial due
4 process hearing on the complaint. The notice shall inform
5 the parents or guardian in the parents' or guardian's native
6 language, unless it is clearly not feasible to do so, of
7 their rights and all procedures available pursuant to this
8 Act and federal law 94-142; it shall be the responsibility of
9 the State Superintendent to develop uniform notices setting
10 forth the procedures available under this Act and federal law
11 94-142 to be used by all school boards. The notice shall
12 also inform the parents or guardian of the availability upon
13 request of a list of free or low-cost legal and other
14 relevant services available locally to assist parents or
15 guardians in initiating an impartial due process hearing.
16 Any parent or guardian who is deaf, or does not normally
17 communicate using spoken English, who participates in a
18 meeting with a representative of a local educational agency
19 for the purposes of developing an individualized educational
20 program shall be entitled to the services of an interpreter.
21 (h) A Level I due process hearing, hereinafter referred
22 as the hearing, shall be conducted upon the request of the
23 parents or guardian or local school board by an impartial
24 hearing officer appointed as follows: If the request is made
25 through the local school district, within 5 school days of
26 receipt of the request, the local school district shall
27 forward the request to the State Superintendent. Within 5
28 days after receiving this request of hearing, the State Board
29 of Education shall provide a list of 5 prospective, impartial
30 hearing officers. The State Board of Education, by rule or
31 regulation, shall establish criteria for determining which
32 persons can be included on such a list of prospective hearing
33 officers. No one on the list may be a resident of the school
34 district. No more than 2 of the 5 prospective hearing
-9- LRB9001529MWpcam
1 officers shall be gainfully employed by or administratively
2 connected with any school district, or any joint agreement or
3 cooperative program in which school districts participate.
4 In addition, no more than 2 of the 5 prospective hearing
5 officers shall be gainfully employed by or administratively
6 connected with private providers of special education
7 services. The State Board of Education shall actively
8 recruit applicants for hearing officer positions. The board
9 and the parents or guardian or their legal representatives
10 within 5 days shall alternately strike one name from the list
11 until only one name remains. The parents or guardian shall
12 have the right to proceed first with the striking. The per
13 diem allowance for the hearing officer shall be established
14 and paid by the State Board of Education. The hearing shall
15 be closed to the public except that the parents or guardian
16 may require that the hearing be public. The hearing officer
17 shall not be an employee of the school district, an employee
18 in any joint agreement or cooperative program in which the
19 district participates, or any other agency or organization
20 that is directly involved in the diagnosis, education or care
21 of the student or the State Board of Education. All impartial
22 hearing officers shall be adequately trained in federal and
23 state law, rules and regulations and case law regarding
24 special education. The State Board of Education shall use
25 resources from within and outside the agency for the purposes
26 of conducting this training. The impartial hearing officer
27 shall have the authority to require additional information or
28 evidence where he or she deems it necessary to make a
29 complete record and may order an independent evaluation of
30 the child, the cost of said evaluation to be paid by the
31 local school district. Such hearing shall not be considered
32 adversary in nature, but shall be directed toward bringing
33 out all facts necessary for the impartial hearing officer to
34 render an informed decision. The State Board of Education
-10- LRB9001529MWpcam
1 shall, with the advice and approval of the Advisory Council
2 on Education of Children with Disabilities, promulgate rules
3 and regulations to establish the qualifications of the
4 hearing officers and the rules and procedure for such
5 hearings. The school district shall present evidence that
6 the special education needs of the child have been
7 appropriately identified and that the special education
8 program and related services proposed to meet the needs of
9 the child are adequate, appropriate and available. Any party
10 to the hearing shall have the right to: (a) be represented by
11 counsel and be accompanied and advised by individuals with
12 special knowledge or training with respect to the problems of
13 children with disabilities at the party's own expense; (b)
14 present evidence and confront and cross-examine witnesses;
15 (c) prohibit the introduction of any evidence at the hearing
16 that has not been disclosed to that party at least 5 days
17 before the hearing; (d) obtain a written or electronic
18 verbatim record of the hearing; (e) obtain written findings
19 of fact and a written decision. The student shall be allowed
20 to attend the hearing unless the hearing officer finds that
21 attendance is not in the child's best interest or detrimental
22 to the child. The hearing officer shall specify in the
23 findings the reasons for denying attendance by the student.
24 The hearing officer, or the State Superintendent in
25 connection with State level hearings, may subpoena and compel
26 the attendance of witnesses and the production of evidence
27 reasonably necessary to the resolution of the hearing. The
28 subpoena may be issued upon request of any party. The State
29 Board of Education and the school board shall share equally
30 the costs of providing a written or electronic record of the
31 proceedings. Such record shall be transcribed and transmitted
32 to the State Superintendent no later than 10 days after
33 receipt of notice of appeal. The hearing officer shall
34 render a decision and shall submit a copy of the findings of
-11- LRB9001529MWpcam
1 fact and decision to the parent or guardian and to the local
2 school board within 10 school days after the conclusion of
3 the hearing. The hearing officer may continue the hearing in
4 order to obtain additional information, and, at the
5 conclusion of the hearing, shall issue a decision based on
6 the record which specifies the special education and related
7 services which shall be provided to the child in accordance
8 with the child's needs. The hearing officer's decision shall
9 be binding upon the local school board and the parent unless
10 such decision is appealed pursuant to the provisions of this
11 Section.
12 (i) Any party aggrieved by the decision may appeal the
13 hearing officer's decision to the State Board of Education
14 and shall serve copies of the notice of such appeal on the
15 State Superintendent and on all other parties. The review
16 referred to in this Section shall be known as the Level II
17 review. The State Board of Education shall provide a list of
18 5 prospective, impartial reviewing officers. No reviewing
19 officer shall be an employee of the State Board of Education
20 or gainfully employed by or administratively connected with
21 the school district, joint agreement or cooperative program
22 which is a party to this review. Each person on the list
23 shall be accredited by a national arbitration organization.
24 The per diem allowance for the review officers shall be paid
25 by the State Board of Education and may not exceed $250. All
26 reviewing officers on the list provided by the State Board of
27 Education shall be trained in federal and state law, rules
28 and regulations and case law regarding special education.
29 The State Board of Education shall use resources from within
30 and outside the agency for the purposes of conducting this
31 training. No one on the list may be a resident of the school
32 district. The board and the parents or guardian or other
33 legal representatives within 5 days shall alternately strike
34 one name from the list until only one name remains. The
-12- LRB9001529MWpcam
1 parents or guardian shall have the right to proceed first
2 with the striking. The reviewing officer so selected shall
3 conduct an impartial review of the Level I hearing and may
4 issue subpoenas requiring the attendance of witnesses at such
5 review. The parties to the appeal shall be afforded the
6 opportunity to present oral argument and additional evidence
7 at the review. Upon completion of the review the reviewing
8 officer shall render a decision and shall provide a copy of
9 the decision to all parties.
10 (j) No later than 30 days after receipt of notice of
11 appeal, a final decision shall be reached and a copy mailed
12 to each of the parties. A reviewing officer may grant
13 specific extensions of time beyond the 30-day deadline at the
14 request of either party. If a Level II hearing is convened
15 the final decision of a Level II hearing officer shall occur
16 no more than 30 days following receipt of a notice of appeal,
17 unless an extension of time is granted by the hearing officer
18 at the request of either party. The State Board of Education
19 shall establish rules and regulations delineating the
20 standards to be used in determining whether the reviewing
21 officer shall grant such extensions. Each hearing and each
22 review involving oral argument must be conducted at a time
23 and place which are reasonably convenient to the parents and
24 the child involved.
25 (k) Any party aggrieved by the decision of the reviewing
26 officer, including the parent or guardian, shall have the
27 right to bring a civil action with respect to the complaint
28 presented pursuant to this Section, which action may be
29 brought in any circuit court of competent jurisdiction within
30 120 days after a copy of the decision is mailed to the party
31 as provided in subsection (j). The civil action provided
32 above shall not be exclusive of any rights or causes of
33 action otherwise available. The commencement of a civil
34 action under subsection (k) of this Section shall operate as
-13- LRB9001529MWpcam
1 a supersedeas. In any action brought under this Section the
2 court shall receive the records of the administrative
3 proceedings, shall hear additional evidence at the request of
4 a party, and basing its decision on the preponderance of the
5 evidence shall grant such relief as the court determines is
6 appropriate. In any instance where a school district
7 willfully disregards applicable regulations or statutes
8 regarding a child covered by this Article, and which
9 disregard has been detrimental to the child, the school
10 district shall be liable for any reasonable attorney's fees
11 incurred by the parent or guardian in connection with
12 proceedings under this Section.
13 (l) During the pendency of any proceedings conducted
14 pursuant to this Section, unless the State Superintendent of
15 Education, or the school district and the parents or guardian
16 otherwise agree, the student shall remain in the then current
17 educational placement of such student, or if applying for
18 initial admission to the school district, shall, with the
19 consent of the parents or guardian, be placed in the school
20 district program until all such proceedings have been
21 completed. The costs for any special education and related
22 services or placement incurred following 60 school days after
23 the initial request for evaluation shall be borne by the
24 school district if such services or placement are in
25 accordance with the final determination as to the special
26 education and related services or placement which must be
27 provided to the child, provided however that in said 60 day
28 period there have been no delays caused by the child's parent
29 or guardian.
30 (m) Whenever the parents or guardian of a child of the
31 type described in Section 14-1.02 are not known, or
32 unavailable, a person shall be assigned to serve as surrogate
33 parent for the child in matters relating to the
34 identification, evaluation, and educational placement of the
-14- LRB9001529MWpcam
1 child and the provision of a free appropriate public
2 education to the child. Persons shall be assigned as
3 surrogate parents by the State Superintendent of Education.
4 The State Board of Education shall promulgate rules and
5 regulations establishing qualifications of such persons and
6 their responsibilities and the procedures to be followed in
7 making such assignments. Such surrogate parents shall not be
8 employees of the school district, an agency created by joint
9 agreement under Section 10-22.31, an agency involved in the
10 education or care of the student, or the State Board of
11 Education. Services of any person assigned as surrogate
12 parent shall terminate if the parent or guardian becomes
13 available unless otherwise requested by the parents or
14 guardian. The assignment of a person as surrogate parent at
15 no time supersedes, terminates, or suspends the parents' or
16 guardian's legal authority relative to the child. Any person
17 participating in good faith as surrogate parent on behalf of
18 the child before school officials or a hearing officer shall
19 have immunity from civil or criminal liability that otherwise
20 might result by reason of such participation, except in cases
21 of willful and wanton misconduct.
22 (n) At all stages of the hearing the hearing officer
23 shall require that interpreters be made available by the
24 local school district for persons who are deaf or for persons
25 whose normally spoken language is other than English.
26 (o) Whenever a person refuses to comply with any
27 subpoena issued under this Section, the circuit court of the
28 county in which such hearing is pending, on application of
29 the State Superintendent of Education or the party who
30 requested issuance of the subpoena may compel obedience by
31 attachment proceedings as for contempt, as in a case of
32 disobedience of the requirements of a subpoena from such
33 court for refusal to testify therein.
34 (Source: P.A. 88-45; 89-397, eff. 8-20-95; 89-425, eff.
-15- LRB9001529MWpcam
1 6-1-96; 89-626, eff. 8-9-96.)
2 Section 10. The Community Services Act is amended by
3 changing Section 4 as follows:
4 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
5 (Text of Section before amendment by P.A. 89-507)
6 Sec. 4. Financing for Community Services. The Department
7 of Mental Health and Developmental Disabilities and the
8 Illinois Department of Alcoholism and Substance Abuse in
9 their respective areas of jurisdiction are authorized to
10 provide financial assistance to eligible private service
11 providers, corporations, local government entities or
12 voluntary associations for the provision of services to
13 persons with mental illness, persons with a developmental
14 disability and alcohol and drug dependent persons living in
15 the community for the purpose of achieving the goals of this
16 Act.
17 The Department and the Illinois Department of Alcoholism
18 and Substance Abuse shall utilize the following funding
19 mechanisms for community services:
20 (1) Purchase of Care Contracts: services purchased
21 on a predetermined fee per unit of service basis from
22 private providers or governmental entities. Fee per
23 service rates are set by an established formula which
24 covers some portion of personnel, supplies, and other
25 allowable costs, and which makes some allowance for
26 geographic variations in costs as well as for additional
27 program components.
28 (2) Grants: sums of money which the Department or
29 the Illinois Department of Alcoholism and Substance Abuse
30 grants to private providers or governmental entities
31 pursuant to the grant recipient's agreement to provide
32 certain services, as defined by Departmental or the
-16- LRB9001529MWpcam
1 Illinois Department of Alcoholism and Substance Abuse
2 grant guidelines, to an approximate number of service
3 recipients. Grant levels are set through consideration of
4 personnel, supply and other allowable costs, as well as
5 other funds available to the program.
6 (3) Other Funding Arrangements: funding mechanisms
7 may be established on a pilot basis in order to examine
8 the feasibility of alternative financing arrangements for
9 the provision of community services.
10 The Department and the Illinois Department of Alcoholism
11 and Substance Abuse shall strive to establish and maintain an
12 equitable system of payment which encourages providers to
13 improve their clients' capabilities for independence and
14 reduces their reliance on community or State-operated
15 services. In accepting Department or the Illinois Department
16 of Alcoholism and Substance Abuse funds, providers shall
17 recognize their responsibility to be accountable to the
18 Department or the Illinois Department of Alcoholism and
19 Substance Abuse and the State for the delivery of services
20 which are consistent with the philosophies and goals of this
21 Act and the rules and regulations promulgated under it.
22 (Source: P.A. 88-380.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 4. Financing for Community Services. The Department
25 of Human Services is authorized to provide financial
26 assistance to eligible private service providers,
27 corporations, local government entities or voluntary
28 associations for the provision of services to persons with
29 mental illness, persons with a developmental disability and
30 alcohol and drug dependent persons living in the community
31 for the purpose of achieving the goals of this Act.
32 The Department shall utilize the following funding
33 mechanisms for community services:
34 (1) Purchase of Care Contracts: services purchased
-17- LRB9001529MWpcam
1 on a predetermined fee per unit of service basis from
2 private providers or governmental entities. Fee per
3 service rates are set by an established formula which
4 covers some portion of personnel, supplies, and other
5 allowable costs, and which makes some allowance for
6 geographic variations in costs as well as for additional
7 program components.
8 (2) Grants: sums of money which the Department
9 grants to private providers, individual service
10 recipients, or governmental entities pursuant to the
11 grant recipient's agreement or authorization to provide
12 or obtain certain services, as defined by departmental
13 grant guidelines, to an approximate number of service
14 recipients. Grant levels are set through consideration of
15 personnel, supply and other allowable costs, as well as
16 other funds available to the program.
17 (3) Other Funding Arrangements: funding mechanisms
18 may be established on a pilot basis in order to examine
19 the feasibility of alternative financing arrangements for
20 the provision of community services.
21 The Department shall strive to establish and maintain an
22 equitable system of payment which encourages improvement in
23 service recipients' providers to improve their clients'
24 capabilities for independence and reduces their reliance on
25 community or State-operated services. In accepting
26 Department funds, grant recipients providers shall recognize
27 their responsibility to be accountable to the Department and
28 the State for access to or the delivery of services which are
29 consistent with the philosophies and goals of this Act and
30 the rules and regulations promulgated under it.
31 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
32 Section 15. The Developmental Disability and Mental
33 Disability Services Act is amended by changing Section 2-17
-18- LRB9001529MWpcam
1 as follows:
2 (405 ILCS 80/2-17)
3 Sec. 2-17. Transition from special education.
4 (a) If a person receiving special educational services
5 under Article 14 of the School Code at a school in this State
6 has severe autism, severe mental illness, severe or profound
7 mental retardation, or severe and multiple impairments and is
8 not over 18 years of age but is otherwise eligible to
9 participate in the Program, the person shall be determined
10 eligible to participate in the Program, subject to the
11 availability of funds appropriated for this purpose, when he
12 or she becomes an adult and no longer receives special
13 educational services. Moneys appropriated to the Department
14 of Human Services for community service grant programs for
15 persons with mental illness or developmental disabilities may
16 be used to fund the Home-Based Support Services Program for
17 persons who leave special education because of their age.
18 (b) The Department shall implement this Section for
19 fiscal years beginning July 1, 1996 and thereafter.
20 (Source: P.A. 89-425, eff. 6-1-96.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect July
29 1, 1997.".