SB3224: ILLINOIS SCHOOL FOR THE BLIND

SB3224 Enrolled LRB104 17718 KTG 31149 b 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 Personnel Code is amended by changing 5 Section 4d as follows: 6 (20 ILCS 415/4d) (from Ch. 127, par. 63b104d) 7 Sec. 4d. Partial exemptions. The following positions in 8 State service are exempt from jurisdictions A, B, and C to the 9 extent stated for each, unless those jurisdictions are 10 extended as provided in this Act: 11 (1) In each department, board or commission that now 12 maintains or may hereafter maintain a major administrative 13 division, service or office in both Sangamon County and 14 Cook County, 2 private secretaries for the director or 15 chairman thereof, one located in the Cook County office 16 and the other located in the Sangamon County office, shall 17 be exempt from jurisdiction B; in all other departments, 18 boards and commissions one private secretary for the 19 director or chairman thereof shall be exempt from 20 jurisdiction B. In all departments, boards and commissions 21 one confidential assistant for the director or chairman 22 thereof shall be exempt from jurisdiction B. This 23 paragraph is subject to such modifications or waiver of SB3224 Enrolled - 2 - LRB104 17718 KTG 31149 b 1 the exemptions as may be necessary to assure the 2 continuity of federal contributions in those agencies 3 supported in whole or in part by federal funds. 4 (2) The resident administrative head of each State 5 charitable, penal and correctional institution, the 6 chaplains thereof, and all member, patient and inmate 7 employees are exempt from jurisdiction B. 8 (3) The Civil Service Commission, upon written 9 recommendation of the Director of Central Management 10 Services, shall exempt from jurisdiction B other positions 11 which, in the judgment of the Commission, involve either 12 principal administrative responsibility for the 13 determination of policy or principal administrative 14 responsibility for the way in which policies are carried 15 out, except positions in agencies which receive federal 16 funds if such exemption is inconsistent with federal 17 requirements, and except positions in agencies supported 18 in whole by federal funds. 19 (4) All individuals in positions paid in accordance 20 with prevailing wage laws, as well as beauticians and 21 teachers of beauty culture and teachers of barbering. 22 (5) Licensed attorneys in positions as legal or 23 technical advisors; positions in the Department of Natural 24 Resources requiring incumbents to be either a registered 25 professional engineer or to hold a bachelor's degree in 26 engineering from a recognized college or university; SB3224 Enrolled - 3 - LRB104 17718 KTG 31149 b 1 licensed physicians in positions of medical administrator 2 or physician or physician specialist (including 3 psychiatrists); all positions within the Department of 4 Juvenile Justice requiring licensure by the State Board of 5 Education under Article 21B of the School Code; all 6 positions within the Illinois School for the Deaf and the 7 Illinois School for the Blind Visually Impaired requiring 8 licensure by the State Board of Education under Article 9 21B of the School Code and all rehabilitation/mobility 10 instructors and rehabilitation/mobility instructor 11 trainees at the Illinois School for the Blind Visually 12 Impaired ; and registered nurses (except those registered 13 nurses employed by the Department of Public Health); 14 except those in positions in agencies which receive 15 federal funds if such exemption is inconsistent with 16 federal requirements and except those in positions in 17 agencies supported in whole by federal funds, are exempt 18 from jurisdiction B only to the extent that the 19 requirements of Section 8b.1, 8b.3 and 8b.5 of this Code 20 need not be met. 21 (6) All positions established outside the geographical 22 limits of the State of Illinois to which appointments of 23 other than Illinois citizens may be made are exempt from 24 jurisdiction B. 25 (7) Staff attorneys reporting directly to individual 26 Commissioners of the Illinois Workers' Compensation SB3224 Enrolled - 4 - LRB104 17718 KTG 31149 b 1 Commission are exempt from jurisdiction B. 2 (8) (Blank). 3 (Source: P.A. 103-108, eff. 6-27-23.) 4 Section 10. The Rehabilitation of Persons with 5 Disabilities Act is amended by changing Sections 10, 10a, 13, 6 and 17 as follows: 7 (20 ILCS 2405/10) (from Ch. 23, par. 3441) 8 Sec. 10. Residential schools; visual and hearing 9 disabilities. 10 (a) The Department of Human Services shall operate 11 residential schools for the education of children with visual 12 and hearing disabilities who are unable to take advantage of 13 the regular educational facilities provided in the community, 14 and shall provide in connection therewith such academic, 15 vocational, and related services as may be required. Children 16 shall be eligible for admission to these schools only after 17 proper diagnosis and evaluation, in accordance with procedures 18 prescribed by the Department. 19 (a-5) The Superintendent of the Illinois School for the 20 Deaf shall be the chief executive officer of, and shall be 21 responsible for the day to day operations of, the School, and 22 shall obtain educational and professional employees who are 23 certified by the Illinois State Board of Education or licensed 24 by the appropriate agency or entity to which licensing SB3224 Enrolled - 5 - LRB104 17718 KTG 31149 b 1 authority has been delegated, as well as all other employees 2 of the School, subject to the provisions of the Personnel Code 3 and 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 16 his or her full time to the duties of the office, shall not 17 serve in any other capacity during his or her term of office, 18 and 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 a 22 degree in educational administration, together with at least 23 10 years of experience in either deaf or hard of hearing 24 education, the administration of deaf or hard of hearing 25 education, or a combination of the 2. Preference shall be 26 given to candidates with a degree in deaf education. The SB3224 Enrolled - 6 - LRB104 17718 KTG 31149 b 1 Superintendent must be fluent in American Sign Language. 2 (a-10) The Superintendent of the Illinois School for the 3 Blind Visually Impaired shall be the chief executive officer 4 of, and shall be responsible for the day to day operations of, 5 the School, and shall obtain educational and professional 6 employees who are certified by the Illinois State Board of 7 Education or licensed by the appropriate agency or entity to 8 which licensing authority has been delegated, as well as all 9 other employees of the School, subject to the provisions of 10 the Personnel Code and any applicable collective bargaining 11 agreement. The Superintendent shall be appointed by the 12 Governor, by and with the advice and consent of the Senate. In 13 the case of a vacancy in the office of Superintendent during 14 the recess of the Senate, the Governor shall make a temporary 15 appointment until the next meeting of the Senate, when the 16 Governor shall nominate some person to fill the office, and 17 any person so nominated who is confirmed by the Senate shall 18 hold office during the remainder of the term and until his or 19 her successor is appointed and qualified. The Superintendent 20 shall hold office (i) for a term expiring on June 30 of 2015, 21 and every 4 years thereafter and (ii) until the 22 Superintendent's successor is appointed and qualified. The 23 Superintendent shall devote his or her full time to the duties 24 of the office, shall not serve in any other capacity during his 25 or her term of office, and shall receive such compensation as 26 the Governor shall determine. The Superintendent shall have an SB3224 Enrolled - 7 - LRB104 17718 KTG 31149 b 1 administrative certificate with a superintendent endorsement 2 as provided for under Section 21-7.1 of the School Code, and 3 shall have a degree in educational administration, together 4 with at least 10 years of experience in either blind or 5 visually impaired education, the administration of blind or 6 visually impaired education, or a combination of the 2. 7 Preference shall be given to candidates with a degree in blind 8 or visually impaired education. 9 (b) In administering the Illinois School for the Deaf, the 10 Department shall adopt an admission policy which permits day 11 or residential enrollment, when resources are sufficient, of 12 children with hearing disabilities who are able to take 13 advantage of the regular educational facilities provided in 14 the community and thus unqualified for admission under 15 subsection (a). In doing so, the Department shall establish an 16 annual deadline by which shall be completed the enrollment of 17 children qualified under subsection (a) for admission to the 18 Illinois School for the Deaf. After the deadline, the Illinois 19 School for the Deaf may enroll other children with hearing 20 disabilities at the request of their parents or guardians if 21 the Department determines there are sufficient resources to 22 meet their needs as well as the needs of children enrolled 23 before the deadline and children qualified under subsection 24 (a) who may be enrolled after the deadline on an emergency 25 basis. The Department shall adopt any rules and regulations 26 necessary for the implementation of this subsection. SB3224 Enrolled - 8 - LRB104 17718 KTG 31149 b 1 (c) In administering the Illinois School for the Blind 2 Visually Impaired , the Department shall adopt an admission 3 policy that permits day or residential enrollment, when 4 resources are sufficient, of children with visual disabilities 5 who are able to take advantage of the regular educational 6 facilities provided in the community and thus unqualified for 7 admission under subsection (a). In doing so, the Department 8 shall establish an annual deadline by which the enrollment of 9 children qualified under subsection (a) for admission to the 10 Illinois School for the Blind Visually Impaired shall be 11 completed. After the deadline, the Illinois School for the 12 Blind Visually Impaired may enroll other children with visual 13 disabilities at the request of their parents or guardians if 14 the Department determines there are sufficient resources to 15 meet their needs as well as the needs of children enrolled 16 before the deadline and children qualified under subsection 17 (a) who may be enrolled after the deadline on an emergency 18 basis. The Department shall adopt any rules and regulations 19 necessary for the implementation of this subsection. 20 (Source: P.A. 102-196, eff. 7-30-21; 102-264, eff. 8-6-21.) 21 (20 ILCS 2405/10a) 22 Sec. 10a. Financial Participation of Students Attending 23 the Illinois School for the Deaf and the Illinois School for 24 the Blind Visually Impaired . 25 (a) General. The Illinois School for the Deaf and the SB3224 Enrolled - 9 - LRB104 17718 KTG 31149 b 1 Illinois School for the Blind Visually Impaired are required 2 to provide eligible students with disabilities with a free and 3 appropriate public education as required by Article 14 of the 4 Illinois School Code. 5 (b) Financial Participation. The Department shall 6 promulgate rules concerning fees for activities or services at 7 the schools with input from (i) the superintendent of each 8 school and (ii) Directors of Special Education from selected 9 Local Education Agencies who place students at the schools. 10 Parents or guardians of students attending the Illinois School 11 for the Deaf or the Illinois School for the Blind Visually 12 Impaired may be asked to financially participate in the 13 following fees for services or activities provided at the 14 schools: 15 (1) Registration. 16 (2) Books, labs, and supplies (fees may vary depending 17 on the classes in which a student participates). 18 (3) Athletic or extracurricular activities (students 19 participating in multiple activities will not be required 20 to pay for more than 2 activities). 21 (4) Driver's education (if applicable). 22 (5) Graduation. 23 (6) Yearbook (optional). 24 (7) Activities (trips or leisure activities not 25 associated with classroom curriculum). 26 (8) Other activities or services identified by the SB3224 Enrolled - 10 - LRB104 17718 KTG 31149 b 1 Department, pursuant to rule. 2 Exceptions may be granted to parents or guardians who are 3 unable to meet the financial participation obligations. The 4 Department shall promulgate rules concerning requests for 5 exception to the financial participation at the schools. 6 Any fees collected for activities or services identified 7 in (1) through (8) under this subsection (b) shall be held 8 locally by the school and used exclusively for the purpose for 9 which the fee was assessed. A separate locally held fund shall 10 be established by the Illinois School for the Deaf and the 11 Illinois School for the Blind Visually Impaired for this 12 purpose. 13 (c) (Blank). 14 (Source: P.A. 97-74, eff. 6-30-11; 97-664, eff. 1-13-12.) 15 (20 ILCS 2405/13) (from Ch. 23, par. 3444) 16 Sec. 13. The Department shall have all powers reasonable 17 and necessary for the administration of institutions for 18 persons with one or more disabilities under subsection (f) of 19 Section 3 of this Act, including, but not limited to, the 20 authority to do the following: 21 (a) Appoint and remove the superintendents of the 22 institutions operated by the Department, except for those 23 superintendents whose appointment and removal is provided for 24 under Section 10 of this Act; obtain all other employees 25 subject to the provisions of the Personnel Code, except for SB3224 Enrolled - 11 - LRB104 17718 KTG 31149 b 1 educational and professional employees of the Illinois School 2 for the Deaf and the Illinois School for the Blind Visually 3 Impaired who are certified by the Illinois State Board of 4 Education or licensed by the appropriate agency or entity to 5 which licensing authority has been delegated, and all other 6 employees of the Schools who are obtained by the 7 superintendents as provided under Section 10 of this Act, 8 subject to the provisions of the Personnel Code and any 9 applicable collective bargaining agreement; and conduct staff 10 training programs for the development and improvement of 11 services. 12 (b) Provide supervision, housing accommodations, board or 13 the payment of boarding costs, tuition, and treatment free of 14 charge, except as otherwise specified in this Act, for 15 residents of this State who are cared for in any institution, 16 or for persons receiving services under any program under the 17 jurisdiction of the Department. Residents of other states may 18 be admitted upon payment of the costs of board, tuition, and 19 treatment as determined by the Department; provided, that no 20 resident of another state shall be received or retained to the 21 exclusion of any resident of this State. The Department shall 22 accept any donation for the board, tuition, and treatment of 23 any person receiving service or care. 24 (c) Cooperate with the State Board of Education and the 25 Department of Children and Family Services in a program to 26 provide for the placement, supervision, and foster care of SB3224 Enrolled - 12 - LRB104 17718 KTG 31149 b 1 children with disabilities who must leave their home community 2 in order to attend schools offering programs in special 3 education. 4 (d) Assess and collect (i) student activity fees and (ii) 5 charges to school districts for transportation of students 6 required under the School Code and provided by the Department. 7 The Department shall direct the expenditure of all money that 8 has been or may be received by any officer of the several State 9 institutions under the direction and supervision of the 10 Department as profit on sales from commissary stores, student 11 activity fees, or charges for student transportation. The 12 money shall be deposited into a locally held fund and expended 13 under the direction of the Department for the special comfort, 14 pleasure, and amusement of residents and employees and the 15 transportation of residents, provided that amounts expended 16 for comfort, pleasure, and amusement of employees shall not 17 exceed the amount of profits derived from sales made to 18 employees by the commissaries, as determined by the 19 Department. 20 Funds deposited with State institutions under the 21 direction and supervision of the Department by or for 22 residents of those State institutions shall be deposited into 23 interest-bearing accounts, and money received as interest and 24 income on those funds shall be deposited into a "needy student 25 fund" to be held and administered by the institution. Money in 26 the "needy student fund" shall be expended for the special SB3224 Enrolled - 13 - LRB104 17718 KTG 31149 b 1 comfort, pleasure, and amusement of the residents of the 2 particular institution where the money is paid or received. 3 Any money belonging to residents separated by death, 4 discharge, or unauthorized absence from institutions described 5 under this Section, in custody of officers of the 6 institutions, may, if unclaimed by the resident or the legal 7 representatives of the resident for a period of 2 years, be 8 expended at the direction of the Department for the purposes 9 and in the manner specified in this subsection (d). Articles 10 of personal property, with the exception of clothing left in 11 the custody of those officers, shall, if unclaimed for the 12 period of 2 years, be sold and the money disposed of in the 13 same manner. 14 Clothing left at the institution by residents at the time 15 of separation may be used as determined by the institution if 16 unclaimed by the resident or legal representatives of the 17 resident within 30 days after notification. 18 (e) Keep, for each institution under the jurisdiction of 19 the Department, a register of the number of officers, 20 employees, and residents present each day in the year, in a 21 form that will permit a calculation of the average number 22 present each month. 23 (f) (Blank). 24 (g) (Blank). 25 (h) (Blank). 26 (i) Accept and hold in behalf of the State, if for the SB3224 Enrolled - 14 - LRB104 17718 KTG 31149 b 1 public interest, a grant, gift, or legacy of money or property 2 to the State of Illinois, to the Department, or to any 3 institution or program of the Department made in trust for the 4 maintenance or support of a resident of an institution of the 5 Department, or for any other legitimate purpose connected with 6 any such institution or program. The Department shall cause 7 each gift, grant, or legacy to be kept as a distinct fund, and 8 shall invest the gift, grant, or legacy in the manner provided 9 by the laws of this State as those laws now exist or shall 10 hereafter be enacted relating to securities in which the 11 deposits in savings banks may be invested. The Department may, 12 however, in its discretion, deposit in a proper trust company 13 or savings bank, during the continuance of the trust, any fund 14 so left in trust for the life of a person and shall adopt rules 15 and regulations governing the deposit, transfer, or withdrawal 16 of the fund. The Department shall, on the expiration of any 17 trust as provided in any instrument creating the trust, 18 dispose of the fund thereby created in the manner provided in 19 the instrument. The Department shall include in its required 20 reports a statement showing what funds are so held by it and 21 the condition of the funds. Monies found on residents at the 22 time of their admission, or accruing to them during their 23 period of institutional care, and monies deposited with the 24 superintendents by relatives, guardians, or friends of 25 residents for the special comfort and pleasure of a resident, 26 shall remain in the possession of the superintendents, who SB3224 Enrolled - 15 - LRB104 17718 KTG 31149 b 1 shall act as trustees for disbursement to, in behalf of, or for 2 the benefit of the resident. All types of retirement and 3 pension benefits from private and public sources may be paid 4 directly to the superintendent of the institution where the 5 person is a resident, for deposit to the resident's trust fund 6 account. 7 (j) Appoint, subject to the Personnel Code, persons to be 8 members of a police and security force. Members of the police 9 and security force shall be peace officers and as such have all 10 powers possessed by policemen in cities and sheriffs, 11 including the power to make arrests on view or warrants of 12 violations of State statutes or city or county ordinances. 13 These powers may, however, be exercised only in counties of 14 more than 500,000 population when required for the protection 15 of Department properties, interests, and personnel, or 16 specifically requested by appropriate State or local law 17 enforcement officials. Members of the police and security 18 force may not serve and execute civil processes. 19 (k) Maintain, and deposit receipts from the sale of 20 tickets to athletic, musical, and other events, fees for 21 participation in school sponsored tournaments and events, and 22 revenue from student activities relating to charges for art 23 and woodworking projects, charges for automobile repairs, and 24 other revenue generated from student projects into, locally 25 held accounts not to exceed $20,000 per account for the 26 purposes of (i) providing immediate payment to officials, SB3224 Enrolled - 16 - LRB104 17718 KTG 31149 b 1 judges, and athletic referees for their services rendered and 2 for other related expenses at school sponsored contests, 3 tournaments, or events, (ii) providing payment for expenses 4 related to student revenue producing activities such as art 5 and woodworking projects, automotive repair work, and other 6 student activities or projects that generate revenue and incur 7 expenses, and (iii) providing students who are enrolled in an 8 independent living program with cash so that they may fulfill 9 course objectives by purchasing commodities and other required 10 supplies. 11 (l) Advance moneys from its appropriations to be 12 maintained in locally held accounts at the schools to 13 establish (i) a "Student Compensation Account" to pay students 14 for work performed under the student work program, and (ii) a 15 "Student Activity Travel Account" to pay transportation, 16 meals, and lodging costs of students, coaches, and activity 17 sponsors while traveling off campus for sporting events, 18 lessons, and other activities directly associated with the 19 representation of the school. Funds in the "Student 20 Compensation Account" shall not exceed $20,000, and funds in 21 the "Student Activity Travel Account" shall not exceed 22 $200,000. 23 (l-5) Establish a locally held account (referred to as the 24 Account) to hold, maintain and administer the 25 Therkelsen/Hansen College Loan Fund (referred to as the Fund). 26 All cash represented by the Fund shall be transferred from the SB3224 Enrolled - 17 - LRB104 17718 KTG 31149 b 1 State Treasury to the Account. The Department shall promulgate 2 rules regarding the maintenance and use of the Fund and all 3 interest earned thereon; the eligibility of potential 4 borrowers from the Fund; and the awarding and repayment of 5 loans from the Fund; and other rules as applicable regarding 6 the Fund. The administration of the Fund and the promulgation 7 of rules regarding the Fund shall be consistent with the will 8 of Petrea Therkelsen, which establishes the Fund. 9 (m) Promulgate rules of conduct applicable to the 10 residents of institutions for persons with one or more 11 disabilities. The rules shall include specific standards to be 12 used by the Department to determine (i) whether financial 13 restitution shall be required in the event of losses or 14 damages resulting from a resident's action and (ii) the 15 ability of the resident and the resident's parents to pay 16 restitution. 17 (Source: P.A. 99-143, eff. 7-27-15.) 18 (20 ILCS 2405/17) (from Ch. 23, par. 3448) 19 Sec. 17. Child Abuse and Neglect Reports. 20 (a) All applicants for employment at the Illinois School 21 for the Blind Visually Impaired , the Illinois School for the 22 Deaf, the Illinois Center for the Rehabilitation and 23 Education-Roosevelt, and the Illinois Center for the 24 Rehabilitation and Education-Wood shall as a condition of 25 employment authorize, in writing on a form prescribed by the SB3224 Enrolled - 18 - LRB104 17718 KTG 31149 b 1 Department of Children and Family Services, an investigation 2 of the Central Register, as defined in the Abused and 3 Neglected Child Reporting Act, to ascertain if the applicant 4 has been determined to be a perpetrator in an indicated report 5 of child abuse or neglect. 6 (b) The information concerning a prospective employee 7 obtained by the Department shall be confidential and exempt 8 from public inspection and copying, as provided under Section 9 7 of The Freedom of Information Act, and the information shall 10 not be transmitted outside the Department, except as provided 11 in the Abused and Neglected Child Reporting Act, and shall not 12 be transmitted to anyone within the Department except as 13 needed for the purposes of evaluation of an application for 14 employment. 15 (Source: P.A. 104-270, eff. 8-15-25.) 16 Section 15. The School Code is amended by changing Section 17 14-8.02 as follows: 18 (105 ILCS 5/14-8.02) 19 Sec. 14-8.02. Identification, evaluation, and placement of 20 children. 21 (a) The State Board of Education shall make rules under 22 which local school boards shall determine the eligibility of 23 children to receive special education. Such rules shall ensure 24 that a free appropriate public education be available to all SB3224 Enrolled - 19 - LRB104 17718 KTG 31149 b 1 children with disabilities as defined in Section 14-1.02. The 2 State Board of Education shall require local school districts 3 to administer non-discriminatory procedures or tests to 4 English learners coming from homes in which a language other 5 than English is used to determine their eligibility to receive 6 special education. The placement of low English proficiency 7 students in special education programs and facilities shall be 8 made in accordance with the test results reflecting the 9 student's linguistic, cultural and special education needs. 10 For purposes of determining the eligibility of children the 11 State Board of Education shall include in the rules 12 definitions of "case study", "staff conference", 13 "individualized educational program", and "qualified 14 specialist" appropriate to each category of children with 15 disabilities as defined in this Article. For purposes of 16 determining the eligibility of children from homes in which a 17 language other than English is used, the State Board of 18 Education shall include in the rules definitions for 19 "qualified bilingual specialists" and "linguistically and 20 culturally appropriate individualized educational programs". 21 For purposes of this Section, as well as Sections 14-8.02a, 22 14-8.02b, and 14-8.02c of this Code, "parent" means a parent 23 as defined in the federal Individuals with Disabilities 24 Education Act (20 U.S.C. 1401(23)). 25 (b) No child shall be eligible for special education 26 facilities except with a carefully completed case study fully SB3224 Enrolled - 20 - LRB104 17718 KTG 31149 b 1 reviewed by professional personnel in a multidisciplinary 2 staff conference and only upon the recommendation of qualified 3 specialists or a qualified bilingual specialist, if available. 4 At the conclusion of the multidisciplinary staff conference, 5 the parent of the child and, if the child is in the legal 6 custody of the Department of Children and Family Services, the 7 Department's Office of Education and Transition Services shall 8 be given a copy of the multidisciplinary conference summary 9 report and recommendations, which includes options considered, 10 and, in the case of the parent, be informed of his or her right 11 to obtain an independent educational evaluation if he or she 12 disagrees with the evaluation findings conducted or obtained 13 by the school district. If the school district's evaluation is 14 shown to be inappropriate, the school district shall reimburse 15 the parent for the cost of the independent evaluation. The 16 State Board of Education shall, with advice from the State 17 Advisory Council on Education of Children with Disabilities on 18 the inclusion of specific independent educational evaluators, 19 prepare a list of suggested independent educational 20 evaluators. The State Board of Education shall include on the 21 list clinical psychologists licensed pursuant to the Clinical 22 Psychologist Licensing Act. Such psychologists shall not be 23 paid fees in excess of the amount that would be received by a 24 school psychologist for performing the same services. The 25 State Board of Education shall supply school districts with 26 such list and make the list available to parents at their SB3224 Enrolled - 21 - LRB104 17718 KTG 31149 b 1 request. School districts shall make the list available to 2 parents at the time they are informed of their right to obtain 3 an independent educational evaluation. However, the school 4 district may initiate an impartial due process hearing under 5 this Section within 7 school days of any written parent 6 request for an independent educational evaluation to show that 7 its evaluation is appropriate. If the final decision is that 8 the evaluation is appropriate, the parent still has a right to 9 an independent educational evaluation, but not at public 10 expense. An independent educational evaluation at public 11 expense must be completed within 60 school days of a parent's 12 written request unless the school district initiates an 13 impartial due process hearing or the parent or school district 14 offers reasonable grounds to show that such time period should 15 be extended. If the due process hearing decision indicates 16 that the parent is entitled to an independent educational 17 evaluation, it must be completed within 60 school days of the 18 decision unless the parent or the school district offers 19 reasonable grounds to show that such period should be 20 extended. If a parent disagrees with the summary report or 21 recommendations of the multidisciplinary conference or the 22 findings of any educational evaluation which results 23 therefrom, the school district shall not proceed with a 24 placement based upon such evaluation and the child shall 25 remain in his or her regular classroom setting. No child shall 26 be eligible for admission to a special class for children with SB3224 Enrolled - 22 - LRB104 17718 KTG 31149 b 1 a mental disability who are educable or for children with a 2 mental disability who are trainable except with a 3 psychological evaluation and recommendation by a school 4 psychologist. Consent shall be obtained from the parent of a 5 child before any evaluation is conducted. If consent is not 6 given by the parent or if the parent disagrees with the 7 findings of the evaluation, then the school district may 8 initiate an impartial due process hearing under this Section. 9 The school district may evaluate the child if that is the 10 decision resulting from the impartial due process hearing and 11 the decision is not appealed or if the decision is affirmed on 12 appeal. The determination of eligibility shall be made and the 13 IEP meeting shall be completed within 60 school days from the 14 date of written parental consent. In those instances when 15 written parental consent is obtained with fewer than 60 pupil 16 attendance days left in the school year, the eligibility 17 determination shall be made and the IEP meeting shall be 18 completed prior to the first day of the following school year. 19 Special education and related services must be provided in 20 accordance with the student's IEP no later than 10 school 21 attendance days after notice is provided to the parents 22 pursuant to Section 300.503 of Title 34 of the Code of Federal 23 Regulations and implementing rules adopted by the State Board 24 of Education. The appropriate program pursuant to the 25 individualized educational program of students whose native 26 tongue is a language other than English shall reflect the SB3224 Enrolled - 23 - LRB104 17718 KTG 31149 b 1 special education, cultural and linguistic needs. No later 2 than September 1, 1993, the State Board of Education shall 3 establish standards for the development, implementation and 4 monitoring of appropriate bilingual special individualized 5 educational programs. The State Board of Education shall 6 further incorporate appropriate monitoring procedures to 7 verify implementation of these standards. The district shall 8 indicate to the parent, the State Board of Education, and, if 9 applicable, the Department's Office of Education and 10 Transition Services the nature of the services the child will 11 receive for the regular school term while awaiting placement 12 in the appropriate special education class. At the child's 13 initial IEP meeting and at each annual review meeting, the 14 child's IEP team shall provide the child's parent or guardian 15 and, if applicable, the Department's Office of Education and 16 Transition Services with a written notification that informs 17 the parent or guardian or the Department's Office of Education 18 and Transition Services that the IEP team is required to 19 consider whether the child requires assistive technology in 20 order to receive free, appropriate public education. The 21 notification must also include a toll-free telephone number 22 and internet address for the State's assistive technology 23 program. 24 If the child is deaf, hard of hearing, blind, or visually 25 impaired or has an orthopedic impairment or physical 26 disability and he or she might be eligible to receive services SB3224 Enrolled - 24 - LRB104 17718 KTG 31149 b 1 from the Illinois School for the Deaf, the Illinois School for 2 the Blind Visually Impaired , the Illinois Center for 3 Rehabilitation and Education-Wood, or the Illinois Center for 4 Rehabilitation and Education-Roosevelt, the school district 5 shall notify the parents, in writing, of the existence of 6 these schools and the services they provide and shall make a 7 reasonable effort to inform the parents of the existence of 8 other, local schools that provide similar services and the 9 services that these other schools provide. This notification 10 shall include, without limitation, information on school 11 services, school admissions criteria, and school contact 12 information. 13 In the development of the individualized education program 14 for a student who has a disability on the autism spectrum 15 (which includes autistic disorder, Asperger's disorder, 16 pervasive developmental disorder not otherwise specified, 17 childhood disintegrative disorder, and Rett Syndrome, as 18 defined in the Diagnostic and Statistical Manual of Mental 19 Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall 20 consider all of the following factors: 21 (1) The verbal and nonverbal communication needs of 22 the child. 23 (2) The need to develop social interaction skills and 24 proficiencies. 25 (3) The needs resulting from the child's unusual 26 responses to sensory experiences. SB3224 Enrolled - 25 - LRB104 17718 KTG 31149 b 1 (4) The needs resulting from resistance to 2 environmental change or change in daily routines. 3 (5) The needs resulting from engagement in repetitive 4 activities and stereotyped movements. 5 (6) The need for any positive behavioral 6 interventions, strategies, and supports to address any 7 behavioral difficulties resulting from autism spectrum 8 disorder. 9 (7) Other needs resulting from the child's disability 10 that impact progress in the general curriculum, including 11 social and emotional development. 12 Public Act 95-257 does not create any new entitlement to a 13 service, program, or benefit, but must not affect any 14 entitlement to a service, program, or benefit created by any 15 other law. 16 If the student may be eligible to participate in the 17 Home-Based Support Services Program for Adults with Mental 18 Disabilities authorized under the Developmental Disability and 19 Mental Disability Services Act upon becoming an adult, the 20 student's individualized education program shall include plans 21 for (i) determining the student's eligibility for those 22 home-based services, (ii) enrolling the student in the program 23 of home-based services, and (iii) developing a plan for the 24 student's most effective use of the home-based services after 25 the student becomes an adult and no longer receives special 26 educational services under this Article. The plans developed SB3224 Enrolled - 26 - LRB104 17718 KTG 31149 b 1 under this paragraph shall include specific actions to be 2 taken by specified individuals, agencies, or officials. 3 (c) In the development of the individualized education 4 program for a student who is functionally blind, it shall be 5 presumed that proficiency in Braille reading and writing is 6 essential for the student's satisfactory educational progress. 7 For purposes of this subsection, the State Board of Education 8 shall determine the criteria for a student to be classified as 9 functionally blind. Students who are not currently identified 10 as functionally blind who are also entitled to Braille 11 instruction include: (i) those whose vision loss is so severe 12 that they are unable to read and write at a level comparable to 13 their peers solely through the use of vision, and (ii) those 14 who show evidence of progressive vision loss that may result 15 in functional blindness. Each student who is functionally 16 blind shall be entitled to Braille reading and writing 17 instruction that is sufficient to enable the student to 18 communicate with the same level of proficiency as other 19 students of comparable ability. Instruction should be provided 20 to the extent that the student is physically and cognitively 21 able to use Braille. Braille instruction may be used in 22 combination with other special education services appropriate 23 to the student's educational needs. The assessment of each 24 student who is functionally blind for the purpose of 25 developing the student's individualized education program 26 shall include documentation of the student's strengths and SB3224 Enrolled - 27 - LRB104 17718 KTG 31149 b 1 weaknesses in Braille skills. Each person assisting in the 2 development of the individualized education program for a 3 student who is functionally blind shall receive information 4 describing the benefits of Braille instruction. The 5 individualized education program for each student who is 6 functionally blind shall specify the appropriate learning 7 medium or media based on the assessment report. 8 (d) To the maximum extent appropriate, the placement shall 9 provide the child with the opportunity to be educated with 10 children who do not have a disability; provided that children 11 with disabilities who are recommended to be placed into 12 regular education classrooms are provided with supplementary 13 services to assist the children with disabilities to benefit 14 from the regular classroom instruction and are included on the 15 teacher's regular education class register. Subject to the 16 limitation of the preceding sentence, placement in special 17 classes, separate schools or other removal of the child with a 18 disability from the regular educational environment shall 19 occur only when the nature of the severity of the disability is 20 such that education in the regular classes with the use of 21 supplementary aids and services cannot be achieved 22 satisfactorily. The placement of English learners with 23 disabilities shall be in non-restrictive environments which 24 provide for integration with peers who do not have 25 disabilities in bilingual classrooms. Annually, each January, 26 school districts shall report data on students from SB3224 Enrolled - 28 - LRB104 17718 KTG 31149 b 1 non-English speaking backgrounds receiving special education 2 and related services in public and private facilities as 3 prescribed in Section 2-3.30. If there is a disagreement 4 between parties involved regarding the special education 5 placement of any child, either in-state or out-of-state, the 6 placement is subject to impartial due process procedures 7 described in Article 10 of the Rules and Regulations to Govern 8 the Administration and Operation of Special Education. 9 (e) No child who comes from a home in which a language 10 other than English is the principal language used may be 11 assigned to any class or program under this Article until he 12 has been given, in the principal language used by the child and 13 used in his home, tests reasonably related to his cultural 14 environment. All testing and evaluation materials and 15 procedures utilized for evaluation and placement shall not be 16 linguistically, racially or culturally discriminatory. 17 (f) Nothing in this Article shall be construed to require 18 any child to undergo any physical examination or medical 19 treatment whose parents object thereto on the grounds that 20 such examination or treatment conflicts with his religious 21 beliefs. 22 (g) School boards or their designee shall provide to the 23 parents of a child or, if applicable, the Department of 24 Children and Family Services' Office of Education and 25 Transition Services prior written notice of any decision (a) 26 proposing to initiate or change, or (b) refusing to initiate SB3224 Enrolled - 29 - LRB104 17718 KTG 31149 b 1 or change, the identification, evaluation, or educational 2 placement of the child or the provision of a free appropriate 3 public education to their child, and the reasons therefor. For 4 a parent, such written notification shall also inform the 5 parent of the opportunity to present complaints with respect 6 to any matter relating to the educational placement of the 7 student, or the provision of a free appropriate public 8 education and to have an impartial due process hearing on the 9 complaint. The notice shall inform the parents in the parents' 10 native language, unless it is clearly not feasible to do so, of 11 their rights and all procedures available pursuant to this Act 12 and the federal Individuals with Disabilities Education 13 Improvement Act of 2004 (Public Law 108-446); it shall be the 14 responsibility of the State Superintendent to develop uniform 15 notices setting forth the procedures available under this Act 16 and the federal Individuals with Disabilities Education 17 Improvement Act of 2004 (Public Law 108-446) to be used by all 18 school boards. The notice shall also inform the parents of the 19 availability upon request of a list of free or low-cost legal 20 and other relevant services available locally to assist 21 parents in initiating an impartial due process hearing. The 22 State Superintendent shall revise the uniform notices required 23 by this subsection (g) to reflect current law and procedures 24 at least once every 2 years. Any parent who is deaf or does not 25 normally communicate using spoken English and who participates 26 in a meeting with a representative of a local educational SB3224 Enrolled - 30 - LRB104 17718 KTG 31149 b 1 agency for the purposes of developing an individualized 2 educational program or attends a multidisciplinary conference 3 shall be entitled to the services of an interpreter. The State 4 Board of Education must adopt rules to establish the criteria, 5 standards, and competencies for a bilingual language 6 interpreter who attends an individualized education program 7 meeting under this subsection to assist a parent who has 8 limited English proficiency. 9 (g-5) For purposes of this subsection (g-5), "qualified 10 professional" means an individual who holds credentials to 11 evaluate the child in the domain or domains for which an 12 evaluation is sought or an intern working under the direct 13 supervision of a qualified professional, including a master's 14 or doctoral degree candidate. 15 To ensure that a parent can participate fully and 16 effectively with school personnel in the development of 17 appropriate educational and related services for his or her 18 child, the parent, an independent educational evaluator, or a 19 qualified professional retained by or on behalf of a parent or 20 child must be afforded reasonable access to educational 21 facilities, personnel, classrooms, and buildings and to the 22 child as provided in this subsection (g-5). The requirements 23 of this subsection (g-5) apply to any public school facility, 24 building, or program and to any facility, building, or program 25 supported in whole or in part by public funds. Prior to 26 visiting a school, school building, or school facility, the SB3224 Enrolled - 31 - LRB104 17718 KTG 31149 b 1 parent, independent educational evaluator, or qualified 2 professional may be required by the school district to inform 3 the building principal or supervisor in writing of the 4 proposed visit, the purpose of the visit, and the approximate 5 duration of the visit. The visitor and the school district 6 shall arrange the visit or visits at times that are mutually 7 agreeable. Visitors shall comply with school safety, security, 8 and visitation policies at all times. School district 9 visitation policies must not conflict with this subsection 10 (g-5). Visitors shall be required to comply with the 11 requirements of applicable privacy laws, including those laws 12 protecting the confidentiality of education records such as 13 the federal Family Educational Rights and Privacy Act and the 14 Illinois School Student Records Act. The visitor shall not 15 disrupt the educational process. 16 (1) A parent must be afforded reasonable access of 17 sufficient duration and scope for the purpose of observing 18 his or her child in the child's current educational 19 placement, services, or program or for the purpose of 20 visiting an educational placement or program proposed for 21 the child. 22 (2) An independent educational evaluator or a 23 qualified professional retained by or on behalf of a 24 parent or child must be afforded reasonable access of 25 sufficient duration and scope for the purpose of 26 conducting an evaluation of the child, the child's SB3224 Enrolled - 32 - LRB104 17718 KTG 31149 b 1 performance, the child's current educational program, 2 placement, services, or environment, or any educational 3 program, placement, services, or environment proposed for 4 the child, including interviews of educational personnel, 5 child observations, assessments, tests or assessments of 6 the child's educational program, services, or placement or 7 of any proposed educational program, services, or 8 placement. If one or more interviews of school personnel 9 are part of the evaluation, the interviews must be 10 conducted at a mutually agreed-upon time, date, and place 11 that do not interfere with the school employee's school 12 duties. The school district may limit interviews to 13 personnel having information relevant to the child's 14 current educational services, program, or placement or to 15 a proposed educational service, program, or placement. 16 (h) In the development of the individualized education 17 program or federal Section 504 plan for a student, if the 18 student needs extra accommodation during emergencies, 19 including natural disasters or an active shooter situation, 20 then that accommodation shall be taken into account when 21 developing the student's individualized education program or 22 federal Section 504 plan. 23 (Source: P.A. 103-197, eff. 1-1-24; 103-605, eff. 7-1-24; 24 104-270, eff. 8-15-25; 104-368, eff. 1-1-26; revised 9-12-25.) 25 Section 20. The School Safety Drill Act is amended by SB3224 Enrolled - 33 - LRB104 17718 KTG 31149 b 1 changing Section 50 as follows: 2 (105 ILCS 128/50) 3 Sec. 50. Crisis response mapping data grants. 4 (a) Subject to appropriation, a public school district, a 5 charter school, a special education cooperative or district, 6 an education for employment system, a State-approved area 7 career center, a public university laboratory school, the 8 Illinois Mathematics and Science Academy, the Department of 9 Juvenile Justice School District, a regional office of 10 education, the Illinois School for the Deaf, the Illinois 11 School for the Blind Visually Impaired , the Philip J. Rock 12 Center and School, an early childhood or preschool program 13 supported by the Early Childhood Block Grant, or any other 14 public schoo