99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2787

Introduced , by Rep. C.D. Davidsmeyer

SYNOPSIS AS INTRODUCED:

20 ILCS 2405/10 from Ch. 23, par. 3441

Amends the Disabled Persons Rehabilitation Act. Provides that in consultation with the Department of Human Services, licensed physicians, speech-language pathologists, and audiologists shall notify a parent or guardian of a patient diagnosed with a hearing disability of the educational opportunities available for children with hearing disabilities at the Illinois School for the Deaf. Provides that in consultation with the Department of Human Services, licensed physicians and optometrists shall notify a parent or guardian of a patient diagnosed with a visual disability of the educational opportunities available for children with visual disabilities at the Illinois School for the Visually Impaired. Requires the Department to adopt any rules necessary to implement this provision.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Disabled Persons Rehabilitation Act is

5 amended by changing Section 10 as follows:

6 (20 ILCS 2405/10) (from Ch. 23, par. 3441)

7 Sec. 10. Residential schools; visual and hearing

8 handicaps.

9 (a) The Department of Human Services shall operate

10 residential schools for the education of children with visual

11 and hearing handicaps who are unable to take advantage of the

12 regular educational facilities provided in the community, and

13 shall provide in connection therewith such academic,

14 vocational, and related services as may be required. Children

15 shall be eligible for admission to these schools only after

16 proper diagnosis and evaluation, in accordance with procedures

17 prescribed by the Department.

18 (a-5) The Superintendent of the Illinois School for the

19 Deaf shall be the chief executive officer of, and shall be

20 responsible for the day to day operations of, the School, and

21 shall obtain educational and professional employees who are

22 certified by the Illinois State Board of Education or licensed

23 by the appropriate agency or entity to which licensing

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1 authority has been delegated, as well as all other employees of

2 the School, subject to the provisions of the Personnel Code and

3 any applicable collective bargaining agreement. The

4 Superintendent shall be appointed by the Governor, by and with

5 the advice and consent of the Senate. In the case of a vacancy

6 in the office of Superintendent during the recess of the

7 Senate, the Governor shall make a temporary appointment until

8 the next meeting of the Senate, when the Governor shall

9 nominate some person to fill the office, and any person so

10 nominated who is confirmed by the Senate shall hold office

11 during the remainder of the term and until his or her successor

12 is appointed and qualified. The Superintendent shall hold

13 office (i) for a term expiring on June 30 of 2015, and every 4

14 years thereafter and (ii) until the Superintendent's successor

15 is appointed and qualified. The Superintendent shall devote his

16 or her full time to the duties of the office, shall not serve

17 in any other capacity during his or her term of office, and

18 shall receive such compensation as the Governor shall

19 determine. The Superintendent shall have an administrative

20 certificate with a superintendent endorsement as provided for

21 under Section 21-7.1 of the School Code, and shall have degrees

22 in both educational administration and deaf education,

23 together with at least 15 years of experience in either deaf

24 education, the administration of deaf education, or a

25 combination of the 2.

26 (a-10) The Superintendent of the Illinois School for the

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1 Visually Impaired shall be the chief executive officer of, and

2 shall be responsible for the day to day operations of, the

3 School, and shall obtain educational and professional

4 employees who are certified by the Illinois State Board of

5 Education or licensed by the appropriate agency or entity to

6 which licensing authority has been delegated, as well as all

7 other employees of the School, subject to the provisions of the

8 Personnel Code and any applicable collective bargaining

9 agreement. The Superintendent shall be appointed by the

10 Governor, by and with the advice and consent of the Senate. In

11 the case of a vacancy in the office of Superintendent during

12 the recess of the Senate, the Governor shall make a temporary

13 appointment until the next meeting of the Senate, when the

14 Governor shall nominate some person to fill the office, and any

15 person so nominated who is confirmed by the Senate shall hold

16 office during the remainder of the term and until his or her

17 successor is appointed and qualified. The Superintendent shall

18 hold office (i) for a term expiring on June 30 of 2015, and

19 every 4 years thereafter and (ii) until the Superintendent's

20 successor is appointed and qualified. The Superintendent shall

21 devote his or her full time to the duties of the office, shall

22 not serve in any other capacity during his or her term of

23 office, and shall receive such compensation as the Governor

24 shall determine. The Superintendent shall have an

25 administrative certificate with a superintendent endorsement

26 as provided for under Section 21-7.1 of the School Code, and

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1 shall have degrees in both educational administration and blind

2 or visually impaired education, together with at least 15 years

3 of experience in either blind or visually impaired education,

4 the administration of blind or visually impaired education, or

5 a combination of the 2.

6 (b) In administering the Illinois School for the Deaf, the

7 Department shall adopt an admission policy which permits day or

8 residential enrollment, when resources are sufficient, of

9 children with hearing handicaps who are able to take advantage

10 of the regular educational facilities provided in the community

11 and thus unqualified for admission under subsection (a). In

12 doing so, the Department shall establish an annual deadline by

13 which shall be completed the enrollment of children qualified

14 under subsection (a) for admission to the Illinois School for

15 the Deaf. After the deadline, the Illinois School for the Deaf

16 may enroll other children with hearing handicaps at the request

17 of their parents or guardians if the Department determines

18 there are sufficient resources to meet their needs as well as

19 the needs of children enrolled before the deadline and children

20 qualified under subsection (a) who may be enrolled after the

21 deadline on an emergency basis. The Department shall adopt any

22 rules and regulations necessary for the implementation of this

23 subsection.

24 In consultation with the Department, physicians licensed

25 under the Medical Practice Act of 1987 and speech-language

26 pathologists and audiologists licensed under the Illinois

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1 Speech-Language Pathology and Audiology Practice Act shall

2 notify a parent or guardian of a patient diagnosed with a

3 hearing disability of the educational opportunities available

4 for children with hearing disabilities at the Illinois School

5 for the Deaf. The Department shall adopt any rules necessary to

6 implement this provision.

7 (c) In administering the Illinois School for the Visually

8 Impaired, the Department shall adopt an admission policy that

9 permits day or residential enrollment, when resources are

10 sufficient, of children with visual handicaps who are able to

11 take advantage of the regular educational facilities provided

12 in the community and thus unqualified for admission under

13 subsection (a). In doing so, the Department shall establish an

14 annual deadline by which the enrollment of children qualified

15 under subsection (a) for admission to the Illinois School for

16 the Visually Impaired shall be completed. After the deadline,

17 the Illinois School for the Visually Impaired may enroll other

18 children with visual handicaps at the request of their parents

19 or guardians if the Department determines there are sufficient

20 resources to meet their needs as well as the needs of children

21 enrolled before the deadline and children qualified under

22 subsection (a) who may be enrolled after the deadline on an

23 emergency basis. The Department shall adopt any rules and

24 regulations necessary for the implementation of this

25 subsection.

26 In consultation with the Department, physicians licensed

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1 under the Medical Practice Act of 1987 and optometrists

2 licensed under the Illinois Optometric Practice Act of 1987

3 shall notify a parent or guardian of a patient diagnosed with a

4 visual disability of the educational opportunities available

5 for children with visual disabilities at the Illinois School

6 for the Visually Impaired. The Department shall adopt any rules

7 necessary to implement this provision.

8 (Source: P.A. 97-625, eff. 11-28-11.)