Bill Text: IL HB0452 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill with the following change: Further amends the Rehabilitation of Persons with Disabilities Act by removing a requirement that the Department of Human Services submit an annual report on vocational training programs and services to be filed with the Governor and the General Assembly on or before March 30 each year. Further amends the School Code. Provides that if a child is deaf, hard of hearing, blind, or visually impaired or has an orthopedic impairment or physical disability (rather than is diagnosed with an orthopedic impairment or physical disability) and the child might be eligible to receive services from the Illinois School for the Deaf, the Illinois School for the Visually Impaired, or the Illinois Center for Rehabilitation and Education-Roosevelt, the school district shall notify the parents, in writing, of the existence of these schools and the services they provide. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0264 [HB0452 Detail]

Download: Illinois-2021-HB0452-Chaptered.html

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Public Act 102-0264
HB0452 Enrolled LRB102 12132 KTG 17469 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Commission on Volunteerism and
Community Service Act is amended by changing Sections 1, 6.1,
and 7 as follows:
(20 ILCS 2330/1) (was 20 ILCS 710/1)
Sec. 1. Creation. There is created in the Department of
Human Services Public Health the Illinois Commission on
Volunteerism and Community Service.
(Source: P.A. 98-692, eff. 7-1-14.)
(20 ILCS 2330/6.1) (was 20 ILCS 710/6.1)
Sec. 6.1. Functions of Commission. The Commission shall
meet at least quarterly and shall advise and consult with the
Department of Human Services Public Health and the Governor's
Office on all matters relating to community service in
Illinois. In addition, the Commission shall have the following
duties:
(a) prepare a 3-year State service plan, developed
through an open, public process and updated annually;
(b) prepare the financial assistance applications of
the State under the National and Community Service Trust

Fund Act of 1993, as amended by the Serve America Act;
(c) assist in the preparation of the application by
the State Board of Education for assistance under that
Act;
(d) prepare the State's application under that Act for
the approval of national service positions;
(e) assist in the provision of health care and child
care benefits under that Act;
(f) develop a State recruitment, placement, and
information dissemination system for participants in
programs that receive assistance under the national
service laws;
(g) administer the State's grant program including
selection, oversight, and evaluation of grant recipients;
(h) make technical assistance available to enable
applicants to plan and implement service programs and to
apply for assistance under the national service laws;
(i) develop projects, training methods, curriculum
materials, and other activities related to service;
(j) coordinate its functions with any division of the
federal Corporation for National and Community Service
outlined in the National and Community Service Trust Fund
Act of 1993, as amended by the Serve America Act;
(k) publicize Commission services and promote
community involvement in the activities of the Commission;
(l) promote increased visibility and support for

volunteers of all ages, especially youth and senior
citizens, and community service in meeting the needs of
Illinois residents; and
(m) represent the Department of Human Services Public
Health and the Governor's Office on such occasions and in
such manner as the Department may provide.
(Source: P.A. 98-692, eff. 7-1-14; 99-78, eff. 7-20-15.)
(20 ILCS 2330/7) (was 20 ILCS 710/7)
Sec. 7. Program transfer. On the effective date of this
amendatory Act of the 102nd 98th General Assembly, the
authority, powers, and duties in this Act of the Department of
Public Health Human Services are transferred to the Department
of Human Services Public Health.
(Source: P.A. 98-692, eff. 7-1-14.)
Section 5. The Rehabilitation of Persons with Disabilities
Act is amended by changing Sections 1b, 3, 5, 5a, 9, 10, 11,
12a, and 13a as follows:
(20 ILCS 2405/1b) (from Ch. 23, par. 3432)
Sec. 1b. Definitions. As used in For the purpose of this
Act: , the term
"Person person with one or more disabilities" means a any
person who, by reason of a physical or mental impairment, is or
may be expected to require assistance to achieve be totally or

partially incapacitated for independent living or competitive
integrated employment.
"Vocational rehabilitation" gainful employment; the term
"rehabilitation" or "habilitation" means those vocational or
other appropriate services that which increase the
opportunities for competitive integrated employment.
"Independent living" independent functioning or gainful
employment; the term "comprehensive rehabilitation" means
those services necessary and appropriate to support community
living and independence.
"Director" for increasing the potential for independent
living or gainful employment as applicable; the term
"vocational rehabilitation administrator" means the head of
the designated State unit within the Department responsible
for administration of rehabilitation and independent living
services provided for in this Act, including but not limited
to the administration of the federal Rehabilitation Act of
1973, as amended by the Workforce Innovation and Opportunity
Act. ; the term
"Department" means the Department of Human Services. ; and
the term
"Secretary" means the Secretary of Human Services.
(Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
Sec. 3. Powers and duties. The Department shall have the

powers and duties enumerated herein:
(a) To cooperate co-operate with the federal
government in the administration of the provisions of the
federal Rehabilitation Act of 1973, as amended by , of the
Workforce Innovation and Opportunity Act, and of the
federal Social Security Act to the extent and in the
manner provided in these Acts.
(b) To prescribe and supervise such courses of
vocational training and provide such other services as may
be necessary for the vocational habilitation and
rehabilitation of persons with one or more disabilities,
including the administrative activities under subsection
(e) of this Section; , and to cooperate co-operate with
State and local school authorities and other recognized
agencies engaged in vocational habilitation,
rehabilitation and comprehensive rehabilitation services;
and to cooperate with the Department of Children and
Family Services, the Illinois State Board of Education,
and others regarding the care and education of children
with one or more disabilities.
(c) (Blank).
(d) To report in writing, to the Governor, annually on
or before the first day of December, and at such other
times and in such manner and upon such subjects as the
Governor may require. The annual report shall contain (1)
information on the programs and activities dedicated to

vocational rehabilitation, independent living, and other
community services and supports administered by the
Director; (2) information on the development of vocational
rehabilitation services, independent living services, and
supporting services administered by the Director in the
State; and (3) information detailing a statement of the
existing condition of comprehensive rehabilitation
services, habilitation and rehabilitation in the State;
(2) a statement of suggestions and recommendations with
reference to the development of comprehensive
rehabilitation services, habilitation and rehabilitation
in the State; and (3) an itemized statement of the amounts
of money received from federal, State, and other sources,
and of the objects and purposes to which the respective
items of these several amounts have been devoted.
(e) (Blank).
(f) To establish a program of services to prevent the
unnecessary institutionalization of persons in need of
long term care and who meet the criteria for blindness or
disability as defined by the Social Security Act, thereby
enabling them to remain in their own homes. Such
preventive services include any or all of the following:
(1) personal assistant services;
(2) homemaker services;
(3) home-delivered meals;
(4) adult day care services;

(5) respite care;
(6) home modification or assistive equipment;
(7) home health services;
(8) electronic home response;
(9) brain injury behavioral/cognitive services;
(10) brain injury habilitation;
(11) brain injury pre-vocational services; or
(12) brain injury supported employment.
The Department shall establish eligibility standards
for such services taking into consideration the unique
economic and social needs of the population for whom they
are to be provided. Such eligibility standards may be
based on the recipient's ability to pay for services;
provided, however, that any portion of a person's income
that is equal to or less than the "protected income" level
shall not be considered by the Department in determining
eligibility. The "protected income" level shall be
determined by the Department, shall never be less than the
federal poverty standard, and shall be adjusted each year
to reflect changes in the Consumer Price Index For All
Urban Consumers as determined by the United States
Department of Labor. The standards must provide that a
person may not have more than $10,000 in assets to be
eligible for the services, and the Department may increase
or decrease the asset limitation by rule. The Department
may not decrease the asset level below $10,000.

The services shall be provided, as established by the
Department by rule, to eligible persons to prevent
unnecessary or premature institutionalization, to the
extent that the cost of the services, together with the
other personal maintenance expenses of the persons, are
reasonably related to the standards established for care
in a group facility appropriate to their condition. These
non-institutional services, pilot projects or experimental
facilities may be provided as part of or in addition to
those authorized by federal law or those funded and
administered by the Illinois Department on Aging. The
Department shall set rates and fees for services in a fair
and equitable manner. Services identical to those offered
by the Department on Aging shall be paid at the same rate.
Except as otherwise provided in this paragraph,
personal assistants shall be paid at a rate negotiated
between the State and an exclusive representative of
personal assistants under a collective bargaining
agreement. In no case shall the Department pay personal
assistants an hourly wage that is less than the federal
minimum wage. Within 30 days after July 6, 2017 (the
effective date of Public Act 100-23), the hourly wage paid
to personal assistants and individual maintenance home
health workers shall be increased by $0.48 per hour.
Solely for the purposes of coverage under the Illinois
Public Labor Relations Act, personal assistants providing

services under the Department's Home Services Program
shall be considered to be public employees and the State
of Illinois shall be considered to be their employer as of
July 16, 2003 (the effective date of Public Act 93-204),
but not before. Solely for the purposes of coverage under
the Illinois Public Labor Relations Act, home care and
home health workers who function as personal assistants
and individual maintenance home health workers and who
also provide services under the Department's Home Services
Program shall be considered to be public employees, no
matter whether the State provides such services through
direct fee-for-service arrangements, with the assistance
of a managed care organization or other intermediary, or
otherwise, and the State of Illinois shall be considered
to be the employer of those persons as of January 29, 2013
(the effective date of Public Act 97-1158), but not before
except as otherwise provided under this subsection (f).
The State shall engage in collective bargaining with an
exclusive representative of home care and home health
workers who function as personal assistants and individual
maintenance home health workers working under the Home
Services Program concerning their terms and conditions of
employment that are within the State's control. Nothing in
this paragraph shall be understood to limit the right of
the persons receiving services defined in this Section to
hire and fire home care and home health workers who

function as personal assistants and individual maintenance
home health workers working under the Home Services
Program or to supervise them within the limitations set by
the Home Services Program. The State shall not be
considered to be the employer of home care and home health
workers who function as personal assistants and individual
maintenance home health workers working under the Home
Services Program for any purposes not specifically
provided in Public Act 93-204 or Public Act 97-1158,
including but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health
workers who function as personal assistants and individual
maintenance home health workers and who also provide
services under the Department's Home Services Program
shall not be covered by the State Employees Group
Insurance Act of 1971.
The Department shall execute, relative to nursing home
prescreening, as authorized by Section 4.03 of the
Illinois Act on the Aging, written inter-agency agreements
with the Department on Aging and the Department of
Healthcare and Family Services, to effect the intake
procedures and eligibility criteria for those persons who
may need long term care. On and after July 1, 1996, all
nursing home prescreenings for individuals 18 through 59
years of age shall be conducted by the Department, or a

designee of the Department.
The Department is authorized to establish a system of
recipient cost-sharing for services provided under this
Section. The cost-sharing shall be based upon the
recipient's ability to pay for services, but in no case
shall the recipient's share exceed the actual cost of the
services provided. Protected income shall not be
considered by the Department in its determination of the
recipient's ability to pay a share of the cost of
services. The level of cost-sharing shall be adjusted each
year to reflect changes in the "protected income" level.
The Department shall deduct from the recipient's share of
the cost of services any money expended by the recipient
for disability-related expenses.
To the extent permitted under the federal Social
Security Act, the Department, or the Department's
authorized representative, may recover the amount of
moneys expended for services provided to or in behalf of a
person under this Section by a claim against the person's
estate or against the estate of the person's surviving
spouse, but no recovery may be had until after the death of
the surviving spouse, if any, and then only at such time
when there is no surviving child who is under age 21 or
blind or who has a permanent and total disability. This
paragraph, however, shall not bar recovery, at the death
of the person, of moneys for services provided to the

person or in behalf of the person under this Section to
which the person was not entitled; provided that such
recovery shall not be enforced against any real estate
while it is occupied as a homestead by the surviving
spouse or other dependent, if no claims by other creditors
have been filed against the estate, or, if such claims
have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel
administration of the estate for the purpose of payment.
This paragraph shall not bar recovery from the estate of a
spouse, under Sections 1915 and 1924 of the Social
Security Act and Section 5-4 of the Illinois Public Aid
Code, who precedes a person receiving services under this
Section in death. All moneys for services paid to or in
behalf of the person under this Section shall be claimed
for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving
spouse or relative, as defined by the rules and
regulations of the Department of Healthcare and Family
Services, regardless of the value of the property.
The Department shall submit an annual report on
programs and services provided under this Section. The
report shall be filed with the Governor and the General
Assembly on or before March 30 each year.
The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly
Organization Act, and filing additional copies with the
State Government Report Distribution Center for the
General Assembly as required under paragraph (t) of
Section 7 of the State Library Act.
(g) To establish such subdivisions of the Department
as shall be desirable and assign to the various
subdivisions the responsibilities and duties placed upon
the Department by law.
(h) To cooperate and enter into any necessary
agreements with the Department of Employment Security for
the provision of job placement and job referral services
to clients of the Department, including job service
registration of such clients with Illinois Employment
Security offices and making job listings maintained by the
Department of Employment Security available to such
clients.
(i) To possess all powers reasonable and necessary for
the exercise and administration of the powers, duties and
responsibilities of the Department which are provided for
by law.
(j) (Blank).
(k) (Blank).
(l) To establish, operate, and maintain a Statewide
Housing Clearinghouse of information on available

government subsidized housing accessible to persons with
disabilities and available privately owned housing
accessible to persons with disabilities. The information
shall include, but not be limited to, the location, rental
requirements, access features and proximity to public
transportation of available housing. The Clearinghouse
shall consist of at least a computerized database for the
storage and retrieval of information and a separate or
shared toll free telephone number for use by those seeking
information from the Clearinghouse. Department offices and
personnel throughout the State shall also assist in the
operation of the Statewide Housing Clearinghouse.
Cooperation with local, State, and federal housing
managers shall be sought and extended in order to
frequently and promptly update the Clearinghouse's
information.
(m) To assure that the names and case records of
persons who received or are receiving services from the
Department, including persons receiving vocational
rehabilitation, home services, or other services, and
those attending one of the Department's schools or other
supervised facility shall be confidential and not be open
to the general public. Those case records and reports or
the information contained in those records and reports
shall be disclosed by the Director only to proper law
enforcement officials, individuals authorized by a court,

the General Assembly or any committee or commission of the
General Assembly, and other persons and for reasons as the
Director designates by rule. Disclosure by the Director
may be only in accordance with other applicable law.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-477, eff. 9-8-17; 100-587, eff. 6-4-18; 100-863, eff.
8-14-18; 100-1148, eff. 12-10-18.)
(20 ILCS 2405/5) (from Ch. 23, par. 3436)
Sec. 5. The Department is authorized to receive such gifts
or donations, either from public or private sources, as may be
offered unconditionally or under such conditions related to
the comprehensive vocational rehabilitation services,
independent living services, and other community services and
supports administered by the Director for habilitation and
rehabilitation of persons with one or more disabilities, as in
the judgment of the Department are proper and consistent with
the provisions of this Act.
(Source: P.A. 94-91, eff. 7-1-05.)
(20 ILCS 2405/5a) (from Ch. 23, par. 3437)
Sec. 5a. The State of Illinois does hereby (1) accept the
provisions and benefits of the act of Congress entitled the
Rehabilitation Act of 1973, as amended by the Workforce
Innovation and Opportunity Act heretofore and hereafter
amended, (2) designate the State Treasurer as custodian of all

moneys received by the State from appropriations made by the
Congress of the United States for comprehensive vocational
rehabilitation services and related services for persons
habilitation and rehabilitation of persons with one or more
disabilities, to be kept in a fund to be known as the
Vocational Rehabilitation Fund, and authorize the State
treasurer to make disbursements therefrom upon the order of
the Department, and (3) empower and direct the Department to
cooperate with the federal government in carrying out the
provisions of the Rehabilitation Act of 1973, as amended by
the Workforce Innovation and Opportunity Act.
(Source: P.A. 88-500.)
(20 ILCS 2405/9) (from Ch. 23, par. 3440)
Sec. 9. Whenever, in the course of its vocational
rehabilitation program, rehabilitation and habilitation
program, the Department has provided tools, equipment, initial
stock or other supplies to a person with one or more
disabilities to establish a business enterprise as a
self-employed person, other than a business enterprise under
the supervision and management of a non-profit agency, the
Department may, in its discretion, convey title to such tools,
equipment, initial stock or other supplies at any time after
the expiration of 6 months after such items are provided to
that person.
(Source: P.A. 86-607.)

(20 ILCS 2405/10) (from Ch. 23, par. 3441)
Sec. 10. Residential schools; visual and hearing
disabilities.
(a) The Department of Human Services shall operate
residential schools for the education of children with visual
and hearing disabilities who are unable to take advantage of
the regular educational facilities provided in the community,
and shall provide in connection therewith such academic,
vocational, and related services as may be required. Children
shall be eligible for admission to these schools only after
proper diagnosis and evaluation, in accordance with procedures
prescribed by the Department.
(a-5) The Superintendent of the Illinois School for the
Deaf shall be the chief executive officer of, and shall be
responsible for the day to day operations of, the School, and
shall obtain educational and professional employees who are
certified by the Illinois State Board of Education or licensed
by the appropriate agency or entity to which licensing
authority has been delegated, as well as all other employees
of the School, subject to the provisions of the Personnel Code
and any applicable collective bargaining agreement. The
Superintendent shall be appointed by the Governor, by and with
the advice and consent of the Senate. In the case of a vacancy
in the office of Superintendent during the recess of the
Senate, the Governor shall make a temporary appointment until

the next meeting of the Senate, when the Governor shall
nominate some person to fill the office, and any person so
nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. The Superintendent shall hold
office (i) for a term expiring on June 30 of 2015, and every 4
years thereafter and (ii) until the Superintendent's successor
is appointed and qualified. The Superintendent shall devote
his or her full time to the duties of the office, shall not
serve in any other capacity during his or her term of office,
and shall receive such compensation as the Governor shall
determine. The Superintendent shall have an administrative
certificate with a superintendent endorsement as provided for
under Section 21-7.1 of the School Code, and shall have a
degree in educational administration, together with at least
10 years of experience in either deaf or hard of hearing
education, the administration of deaf or hard of hearing
education, or a combination of the 2. Preference shall be
given to candidates with a degree in deaf education. The
Superintendent must be fluent in American Sign Language
degrees in both educational administration and deaf education,
together with at least 15 years of experience in either deaf
education, the administration of deaf education, or a
combination of the 2.
(a-10) The Superintendent of the Illinois School for the
Visually Impaired shall be the chief executive officer of, and

shall be responsible for the day to day operations of, the
School, and shall obtain educational and professional
employees who are certified by the Illinois State Board of
Education or licensed by the appropriate agency or entity to
which licensing authority has been delegated, as well as all
other employees of the School, subject to the provisions of
the Personnel Code and any applicable collective bargaining
agreement. The Superintendent shall be appointed by the
Governor, by and with the advice and consent of the Senate. In
the case of a vacancy in the office of Superintendent during
the recess of the Senate, the Governor shall make a temporary
appointment until the next meeting of the Senate, when the
Governor shall nominate some person to fill the office, and
any person so nominated who is confirmed by the Senate shall
hold office during the remainder of the term and until his or
her successor is appointed and qualified. The Superintendent
shall hold office (i) for a term expiring on June 30 of 2015,
and every 4 years thereafter and (ii) until the
Superintendent's successor is appointed and qualified. The
Superintendent shall devote his or her full time to the duties
of the office, shall not serve in any other capacity during his
or her term of office, and shall receive such compensation as
the Governor shall determine. The Superintendent shall have an
administrative certificate with a superintendent endorsement
as provided for under Section 21-7.1 of the School Code, and
shall have a degree in educational administration, together

with at least 10 years of experience in either blind or
visually impaired education, the administration of blind or
visually impaired education, or a combination of the 2.
Preference shall be given to candidates with a degree in blind
or visually impaired education. degrees in both educational
administration and blind or visually impaired education,
together with at least 15 years of experience in either blind
or visually impaired education, the administration of blind or
visually impaired education, or a combination of the 2.
(b) In administering the Illinois School for the Deaf, the
Department shall adopt an admission policy which permits day
or residential enrollment, when resources are sufficient, of
children with hearing disabilities who are able to take
advantage of the regular educational facilities provided in
the community and thus unqualified for admission under
subsection (a). In doing so, the Department shall establish an
annual deadline by which shall be completed the enrollment of
children qualified under subsection (a) for admission to the
Illinois School for the Deaf. After the deadline, the Illinois
School for the Deaf may enroll other children with hearing
disabilities at the request of their parents or guardians if
the Department determines there are sufficient resources to
meet their needs as well as the needs of children enrolled
before the deadline and children qualified under subsection
(a) who may be enrolled after the deadline on an emergency
basis. The Department shall adopt any rules and regulations

necessary for the implementation of this subsection.
(c) In administering the Illinois School for the Visually
Impaired, the Department shall adopt an admission policy that
permits day or residential enrollment, when resources are
sufficient, of children with visual disabilities who are able
to take advantage of the regular educational facilities
provided in the community and thus unqualified for admission
under subsection (a). In doing so, the Department shall
establish an annual deadline by which the enrollment of
children qualified under subsection (a) for admission to the
Illinois School for the Visually Impaired shall be completed.
After the deadline, the Illinois School for the Visually
Impaired may enroll other children with visual disabilities at
the request of their parents or guardians if the Department
determines there are sufficient resources to meet their needs
as well as the needs of children enrolled before the deadline
and children qualified under subsection (a) who may be
enrolled after the deadline on an emergency basis. The
Department shall adopt any rules and regulations necessary for
the implementation of this subsection.
(Source: P.A. 99-143, eff. 7-27-15.)
(20 ILCS 2405/11) (from Ch. 23, par. 3442)
Sec. 11. Illinois Center for Rehabilitation and Education.
The Department shall operate and maintain the Illinois Center
for Rehabilitation and Education for the care and education of

educable young adults children with one or more physical
disabilities and provide in connection therewith nursing and
medical care and academic, occupational, and related training
to such young adults children.
Any Illinois resident under the age of 22 21 years who is
educable but has such a severe physical disability as a result
of cerebral palsy, muscular dystrophy, spina bifida, or other
cause that he or she is unable to take advantage of the system
of free education in the State of Illinois, may be admitted to
the Center or be entitled to services and facilities provided
hereunder. Young adults Children shall be admitted to the
Center or be eligible for such services and facilities only
after diagnosis according to procedures approved for this
purpose. The Department may avail itself of the services of
other public or private agencies in determining any young
adult's child's eligibility for admission to, or discharge
from, the Center.
The Department may call upon other agencies of the State
for such services as they are equipped to render in the care of
young adults children with one or more physical disabilities,
and such agencies are instructed to render those services
which are consistent with their legal and administrative
responsibilities.
(Source: P.A. 88-172.)
(20 ILCS 2405/12a) (from Ch. 23, par. 3443a)

Sec. 12a. Centers for independent living.
(a) Purpose. Recognizing that persons with significant
disabilities deserve a high quality of life within their
communities regardless of their disabilities, the Department,
working with the Statewide Independent Living Council, shall
develop a State Plan for Independent Living for approval by
the Department and subsequent submission to the Administrator
based on federally prescribed timeframes. plan for submission
on an annual basis to the Commissioner. The Department shall
adopt rules for implementing the State Plan for Independent
Living plan in accordance with the federal Act, including
rules adopted under the federal Act governing the award of
grants.
(b) Definitions. As used in this Section, unless the
context clearly requires otherwise:
"Administrator" means the Administrator of the
Administration for Community Living in the United States
Department of Health and Human Services.
"Federal Act" means the federal Rehabilitation Act of
1973, as amended.
"Center for independent living" means a consumer
controlled, community based, cross-disability,
non-residential, private non-profit agency that is designated
and operated within a local community by individuals with
disabilities and provides an array of independent living
services.

"Consumer controlled" means that the center for
independent living vests power and authority in individuals
with disabilities and that at least 51% of the directors of the
center are persons with one or more disabilities as defined by
this Act.
"Commissioner" means the Commissioner of the
Rehabilitation Services Administration in the United States
Department of Education.
"Council" means the Statewide Independent Living Council
appointed under subsection (d).
"Federal Act" means the federal Rehabilitation Act of
1973, as amended.
"Individual with a disability" means any individual who
has a physical or mental impairment that substantially limits
a major life activity, has a record of such an impairment, or
is regarded as having such an impairment.
"Individual with a significant disability" means an
individual with a significant physical or mental impairment,
whose ability to function independently in the family or
community or whose ability to obtain, maintain, or advance in
employment is substantially limited and for whom the delivery
of independent living services will improve the ability to
function, continue functioning, or move toward functioning
independently in the family or community or to continue in
employment.
"State Plan for Independent Living plan" means the

materials submitted by the Statewide Independent Living
Council, after receiving the approval of the Department, to
the Administrator based on federally prescribed timeframes
Department to the Commissioner on an annual basis that contain
the State's proposal for:
(1) The provision of statewide independent living
services.
(2) The development and support of a statewide network
of centers for independent living.
(3) Working relationships between (i) programs
providing independent living services and independent
living centers and (ii) the vocational rehabilitation
program administered by the Department under the federal
Act and other programs providing services for individuals
with disabilities.
(c) Authority. The unit of the Department headed by the
Director, or his or her designee, vocational rehabilitation
administrator shall be designated the State unit under Title
VII of the federal Act and shall have the following
responsibilities:
(1) To receive, account for, and disburse funds
received by the State under the federal Act based on the
State Plan for Independent Living plan.
(2) To provide administrative support services to
centers for independent living programs.
(3) To keep records, and take such actions with

respect to those records, as the Administrator
Commissioner finds to be necessary with respect to the
programs.
(4) To submit additional information or provide
assurances the Administrator Commissioner may require with
respect to the programs.
The vocational rehabilitation administrator and the
Chairperson of the Council is are responsible for jointly
developing and signing the State Plan for Independent Living
plan required by Section 704 of the federal Act. The Director,
or his or her designee, is responsible for approving the State
Plan for Independent Living prior to its submission to the
Administrator. The State Plan for Independent Living plan
shall conform to the requirements of Section 704 of the
federal Act.
(d) Statewide Independent Living Council.
The Governor shall appoint a Statewide Independent Living
Council, comprised of 18 members, which shall be established
as an entity separate and distinct from the Department. The
composition of the Council shall include the following:
(1) At least one director of a center for independent
living chosen by the directors of centers for independent
living within the State.
(2) A representative from the unit of the Department
of Human Services responsible for the administration of
the vocational rehabilitation program and a representative

from another unit in the Department of Human Services that
provides services for individuals with disabilities and a
representative each from the Department on Aging, the
State Board of Education, and the Department of Children
and Family Services, all as ex officio, nonvoting
ex-officio, non-voting members who shall not be counted in
the 18 members appointed by the Governor.
In addition, the Council may include the following:
(A) One or more representatives of centers for
independent living.
(B) One or more parents or guardians of individuals
with disabilities.
(C) One or more advocates for individuals with
disabilities.
(D) One or more representatives of private business.
(E) One or more representatives of organizations that
provide services for individuals with disabilities.
(F) Other appropriate individuals.
After soliciting recommendations from organizations
representing a broad range of individuals with disabilities
and organizations interested in individuals with disabilities,
the Governor shall appoint members of the Council for terms
beginning July 1, 1993. The Council shall be composed of
members (i) who provide statewide representation; (ii) who
represent a broad range of individuals with disabilities from
diverse backgrounds; (iii) who are knowledgeable about centers

for independent living and independent living services; and
(iv) a majority of whom are persons who are individuals with
disabilities and are not employed by any State agency or
center for independent living.
The council shall elect a chairperson from among its
voting membership.
Each member of the Council shall serve for terms of 3
years, except that (i) a member appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor was appointed shall be appointed for the remainder
of that term and (ii) terms of the members initially appointed
after the effective date of this amendatory Act of 1993 shall
be as follows: 6 of the initial members shall be appointed for
terms of one year, 6 shall be appointed for terms of 2 years,
and 6 shall be appointed for terms of 3 years. No member of the
council may serve more than 2 consecutive full terms.
Appointments to fill vacancies in unexpired terms and new
terms shall be filled by the Governor or by the Council if the
Governor delegates that power to the Council by executive
order. The vacancy shall not affect the power of the remaining
members to execute the powers and duties of the Council. The
Council shall have the duties enumerated in subsections (c),
(d), and (e) of Section 705 of the federal Act.
Members shall be reimbursed for their actual expenses
incurred in the performance of their duties, including
expenses for travel, child care, and personal assistance

services, and a member who is not employed or who must forfeit
wages from other employment shall be paid reasonable
compensation for each day the member is engaged in performing
the duties of the Council. The reimbursement or compensation
shall be paid from moneys made available to the Department
under Part B of Title VII of the federal Act.
In addition to the powers and duties granted to advisory
boards by Section 5-505 of the Departments of State Government
Law (20 ILCS 5/5-505), the Council shall have the authority to
appoint jointly with the vocational rehabilitation
administrator a peer review committee to consider and make
recommendations for grants to eligible centers for independent
living.
(e) Grants to centers for independent living. Each center
for independent living that receives assistance from the
Department under this Section shall comply with the standards
and provide and comply with the assurances that are set forth
in the State plan and consistent with Section 725 of the
federal Act. Each center for independent living receiving
financial assistance from the Department shall provide
satisfactory assurances at the time and in the manner the
Director, or his or her designee, requires. Centers for
independent living receiving financial assistance from the
Department shall comply with grant making provisions outlined
in State and federal law, and with the requirements of their
respective grant contracts. vocational rehabilitation

administrator requires.
Beginning October 1, 1994, the Director, or his or her
designee, vocational rehabilitation administrator may award
grants to any eligible center for independent living that is
receiving funds under Title VII of the federal Act, unless the
Director, or his or her designee, vocational rehabilitation
administrator makes a finding that the center for independent
living fails to comply with the standards and assurances set
forth in Section 725 of the federal Act.
If there is no center for independent living serving a
region of the State or the region is underserved, and the State
receives a federal increase in its allotment sufficient to
support one or more additional centers for independent living
in the State, the Director, or his or her designee, vocational
rehabilitation administrator may award a grant under this
subsection to one or more eligible agencies, consistent with
the provisions of the State plan setting forth the design of
the State for establishing a statewide network for centers for
independent living.
In selecting from among eligible agencies in awarding a
grant under this subsection for a new center for independent
living, the Director, or his or her designee, vocational
rehabilitation administrator and the chairperson of (or other
individual designated by) the Council acting on behalf of and
at the direction of the Council shall jointly appoint a peer
review committee that shall rank applications in accordance

with the standards and assurances set forth in Section 725 of
the federal Act and criteria jointly established by the
Director, or his or her designee, vocational rehabilitation
administrator and the chairperson or designated individual.
The peer review committee shall consider the ability of the
applicant to operate a center for independent living and shall
recommend an applicant to receive a grant under this
subsection based on the following:
(1) Evidence of the need for a center for independent
living, consistent with the State plan.
(2) Any past performance of the applicant in providing
services comparable to independent living services.
(3) The applicant's plan for complying with, or
demonstrated success in complying with, the standards and
assurances set forth in Section 725 of the federal Act.
(4) The quality of key personnel of the applicant and
the involvement of individuals with significant
disabilities by the applicant.
(5) The budgets and cost effectiveness of the
applicant.
(6) The evaluation plan of the applicant.
(7) The ability of the applicant to carry out the
plan.
The Director, or his or her designee, vocational
rehabilitation administrator shall award the grant on the
basis of the recommendation of the peer review committee if

the actions of the committee are consistent with federal and
State law.
(f) Evaluation and review. The Director, or his or her
designee, vocational rehabilitation administrator shall
periodically review each center for independent living that
receives funds from the Department under Title VII of the
federal Act, or moneys appropriated from the General Revenue
Fund, to determine whether the center is in compliance with
the standards and assurances set forth in Section 725 of the
federal Act, other applicable State and federal laws, and the
provisions of the grant contract. If the Director, or his or
her designee, vocational rehabilitation administrator
determines that any center receiving those federal or State
funds is not in compliance with the standards and assurances
set forth in Section 725, the Director, or his or her designee,
vocational rehabilitation administrator shall immediately
notify the center that it is out of compliance. The Director,
or his or her designee, shall recommend to the Secretary, or
his or her designee, that all funding to that center be
terminated vocational rehabilitation administrator shall
terminate all funds to that center 90 days after the date of
notification or, in the case of a center that requests an
appeal, the date of any final decision, unless the center
submits a plan to achieve compliance within 90 days and that
plan is approved by the Director, or his or her designee,
vocational rehabilitation administrator or (if on appeal) by

the Secretary, or his or her designee Commissioner.
(Source: P.A. 91-239, eff. 1-1-00; 91-540, eff. 8-13-99;
92-16, eff. 6-28-01.)
(20 ILCS 2405/13a) (from Ch. 23, par. 3444a)
Sec. 13a. (a) The Department shall be responsible for
coordinating the establishment of local Transition Planning
Committees. Members of the committees shall consist of
representatives from special education; vocational and regular
education; post-secondary education; parents of youth with
disabilities; persons with disabilities; local business or
industry; the Department of Human Services; public and private
adult service providers; case coordination; and other
consumer, school, and adult services as appropriate. The
Committee shall elect a chair and shall meet at least
quarterly. Each Transition Planning Committee shall:
(1) identify current transition services, programs,
and funding sources provided within the community for
secondary and post-secondary aged youth with disabilities
and their families as well as the development of
strategies to address unmet needs;
(2) facilitate the development of transition
interagency teams to address present and future transition
needs of individual students on their individual education
plans;
(3) develop a mission statement that emphasizes the

goals of integration and participation in all aspects of
community life for persons with disabilities;
(4) provide for the exchange of information such as
appropriate data, effectiveness studies, special projects,
exemplary programs, and creative funding of programs;
(5) develop consumer in-service and awareness training
programs in the local community; and
(6) assist in staff training for individual transition
planning and student transition needs assessment.
(b) Each Transition Planning Committee shall select a
chair from among its members who shall serve for a term of one
year. Each committee shall meet at least quarterly, or at such
other times at the call of the chair.
(c) (Blank). Each Transition Planning Committee shall
annually prepare and submit to the Interagency Coordinating
Council a report which assesses the level of currently
available services in the community as well as the level of
unmet needs of secondary students with disabilities, makes
recommendations to address unmet needs, and summarizes the
steps taken to address unmet needs based on the
recommendations made in previous reports.
(d) The name and affiliation of each local Transition
Planning Committee member and the annual report required under
subsection (c) of this Section shall be filed with the
administrative office of each school district served by the
local Transition Planning Committee, be made available to the

public upon request, and be sent to each member of the General
Assembly whose district encompasses the area served by the
Transition Planning Committee.
(Source: P.A. 92-452, eff. 8-21-01.)
(20 ILCS 2405/12 rep.)
Section 10. The Rehabilitation of Persons with
Disabilities Act is amended by repealing Section 12.
(20 ILCS 2407/Art. 4 rep.)
Section 15. The Disabilities Services Act of 2003 is
amended by repealing Article 4.
Section 20. The School Code is amended by changing Section
14-8.02 as follows:
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to

English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.

At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of his or her their right to obtain an independent
educational evaluation if he or she disagrees they disagree
with the evaluation findings conducted or obtained by the
school district. If the school district's evaluation is shown
to be inappropriate, the school district shall reimburse the
parent for the cost of the independent evaluation. The State
Board of Education shall, with advice from the State Advisory
Council on Education of Children with Disabilities on the
inclusion of specific independent educational evaluators,
prepare a list of suggested independent educational
evaluators. The State Board of Education shall include on the
list clinical psychologists licensed pursuant to the Clinical
Psychologist Licensing Act. Such psychologists shall not be
paid fees in excess of the amount that would be received by a
school psychologist for performing the same services. The
State Board of Education shall supply school districts with
such list and make the list available to parents at their
request. School districts shall make the list available to
parents at the time they are informed of their right to obtain
an independent educational evaluation. However, the school
district may initiate an impartial due process hearing under
this Section within 5 days of any written parent request for an

independent educational evaluation to show that its evaluation
is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent
educational evaluation, but not at public expense. An
independent educational evaluation at public expense must be
completed within 30 days of a parent written request unless
the school district initiates an impartial due process hearing
or the parent or school district offers reasonable grounds to
show that such 30-day 30 day time period should be extended. If
the due process hearing decision indicates that the parent is
entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that
such 30-day 30 day period should be extended. If a parent
disagrees with the summary report or recommendations of the
multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such
evaluation and the child shall remain in his or her regular
classroom setting. No child shall be eligible for admission to
a special class for children with a mental disability who are
educable or for children with a mental disability who are
trainable except with a psychological evaluation and
recommendation by a school psychologist. Consent shall be
obtained from the parent of a child before any evaluation is
conducted. If consent is not given by the parent or if the

parent disagrees with the findings of the evaluation, then the
school district may initiate an impartial due process hearing
under this Section. The school district may evaluate the child
if that is the decision resulting from the impartial due
process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall
be made and the IEP meeting shall be completed prior to the
first day of the following school year. Special education and
related services must be provided in accordance with the
student's IEP no later than 10 school attendance days after
notice is provided to the parents pursuant to Section 300.503
of Title 34 of the Code of Federal Regulations and
implementing rules adopted by the State Board of Education.
The appropriate program pursuant to the individualized
educational program of students whose native tongue is a
language other than English shall reflect the special
education, cultural and linguistic needs. No later than
September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall

further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent and the State Board of Education the
nature of the services the child will receive for the regular
school term while waiting placement in the appropriate special
education class. At the child's initial IEP meeting and at
each annual review meeting, the child's IEP team shall provide
the child's parent or guardian with a written notification
that informs the parent or guardian that the IEP team is
required to consider whether the child requires assistive
technology in order to receive free, appropriate public
education. The notification must also include a toll-free
telephone number and internet address for the State's
assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, or the Illinois School
for the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of
these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of
other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include without limitation information on school

services, school admissions criteria, and school contact
information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including

social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille

instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning
medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children

with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be

assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor.
Such written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have
an impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of

2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2
years. Any parent who is deaf, or does not normally
communicate using spoken English, who participates in a
meeting with a representative of a local educational agency
for the purposes of developing an individualized educational
program shall be entitled to the services of an interpreter.
The State Board of Education must adopt rules to establish the
criteria, standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's

or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection
(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the

Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel
are part of the evaluation, the interviews must be
conducted at a mutually agreed upon time, date, and place
that do not interfere with the school employee's school
duties. The school district may limit interviews to
personnel having information relevant to the child's

current educational services, program, or placement or to
a proposed educational service, program, or placement.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) (Blank).
(n) (Blank).
(o) (Blank).
(Source: P.A. 100-122, eff. 8-18-17; 100-863, eff. 8-14-18;
100-993, eff. 8-20-18; 101-124, eff. 1-1-20; revised 9-26-19.)
Section 95. Illinois Compiled Statutes reassignment. The
Legislative Reference Bureau shall reassign the following Act
to the specified location in the Illinois Compiled Statutes
and file appropriate documents with the Index Division of the
Office of the Secretary of State in accordance with subsection
(c) of Section 5.04 of the Legislative Reference Bureau Act:
Illinois Commission on Volunteerism and Community Service
Act, reassigned from 20 ILCS 2330/ to 20 ILCS 1345/.