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Full Text of HB4780
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HB4780 - 104th General Assembly
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HB4780 Engrossed
LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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;
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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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
HB4780 Engrossed
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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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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.
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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,
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
HB4780 Engrossed
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LRB104 17720 KTG 31151 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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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 school entity designated by the State Board of
15
Education by rule, may apply to the State Board of Education or
16
the State Board's designee for a grant to obtain crisis
17
response mapping data and to provide copies of the crisis
18
response mapping data to appropriate local, county, State, and
19
federal first responders for use in response to emergencies.
20
The crisis response mapping data shall be stored and provided
21
in an electronic or digital format to assist first responders
22
in responding to emergencies at the school.
23
(b) Subject to appropriation, including funding for any
24
administrative costs reasonably incurred by the State Board of
25
Education or the State Board's designee in the administration
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1
of the grant program described by this Section, the State
2
Board shall provide grants to any entity in subsection (a)
3
upon approval of an application submitted by the entity to
4
cover the costs incurred in obtaining crisis response mapping
5
data under this Section. The grant application must include
6
crisis response mapping data for all schools under the
7
jurisdiction of the entity submitting the application,
8
including, in the case of a public school district, any
9
charter schools authorized by the school board for the school
10
district.
11
(c) To be eligible for a grant under this Section, the
12
crisis response mapping data must, at a minimum:
13
(1) be compatible and integrate into security software
14
platforms in use by the specific school for which the data
15
is provided without requiring local law enforcement
16
agencies or the school district to purchase additional
17
software or requiring the integration of third-party
18
software to view the data;
19
(2) be compatible with security software platforms in
20
use by the specific school for which the data is provided
21
without requiring local public safety agencies or the
22
school district to purchase additional software or
23
requiring the integration of third-party software to view
24
the data;
25
(3) be capable of being provided in a printable
26
format;
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1
(4) be verified for accuracy by an on-site
2
walk-through of the school building and grounds;
3
(5) be oriented to true north;
4
(6) be overlaid on current aerial imagery or plans of
5
the school building;
6
(7) contain site-specific labeling that matches the
7
structure of the school building, including room labels,
8
hallway names, and external door or stairwell numbers and
9
the location of hazards, critical utilities, key boxes,
10
automated external defibrillators, and trauma kits, and
11
that matches the school grounds, including parking areas,
12
athletic fields, surrounding roads, and neighboring
13
properties; and
14
(8) be overlaid with gridded x/y coordinates.
15
(d) Subject to appropriation, the crisis response mapping
16
data may be reviewed annually to update the data as necessary.
17
(e) Crisis response mapping data obtained pursuant to this
18
Section are confidential and exempt from disclosure under the
19
Freedom of Information Act.
20
(f) The State Board may adopt rules to implement the
21
provisions of this Section.
22
(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24;
23
103-780, eff. 8-2-24.)
24
Section 25.
The Illinois Educational Labor Relations Act
25
is amended by changing Section 2 as follows:
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LRB104 17720 KTG 31151 b
1
(115 ILCS 5/2)
(from Ch. 48, par. 1702)
2
Sec. 2.
Definitions.
As used in this Act:
3
(a) "Educational employer" or "employer" means the
4
governing body of a public school district, including the
5
governing body of a charter school established under Article
6
27A of the School Code or of a contract school or contract
7
turnaround school established under paragraph 30 of Section
8
34-18 of the School Code, combination of public school
9
districts, including the governing body of joint agreements of
10
any type formed by 2 or more school districts, public
11
community college district or State college or university, a
12
subcontractor of instructional services of a school district
13
(other than a school district organized under Article 34 of
14
the School Code), combination of school districts, charter
15
school established under Article 27A of the School Code, or
16
contract school or contract turnaround school established
17
under paragraph 30 of Section 34-18 of the School Code, an
18
Independent Authority created under Section 2-3.25f-5 of the
19
School Code, and any State agency whose major function is
20
providing educational services. "Educational employer" or
21
"employer" does not include (1) a Financial Oversight Panel
22
created pursuant to Section 1A-8 of the School Code due to a
23
district violating a financial plan or (2) an approved
24
nonpublic special education facility that contracts with a
25
school district or combination of school districts to provide
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special education services pursuant to Section 14-7.02 of the
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School Code, but does include a School Finance Authority
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created under Article 1E of the School Code and a Financial
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Oversight Panel created under Article 1B or 1H of the School
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Code. The change made by Public Act 96-104 to this paragraph
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(a) to make clear that the governing body of a charter school
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is an educational employer is declaratory of existing law.
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(b) "Educational employee" or "employee" means any
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individual, excluding supervisors, managerial, confidential,
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short term employees, student, and part-time academic
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employees of community colleges employed full or part time by
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an educational employer, but shall not include elected
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officials and appointees of the Governor with the advice and
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consent of the Senate, firefighters as defined by subsection
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(g-1) of Section 3 of the Illinois Public Labor Relations Act,
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and peace officers employed by a State university. However,
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with respect to an educational employer of a school district
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organized under Article 34 of the School Code, a supervisor
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shall be considered an educational employee under this
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definition unless the supervisor is also a managerial
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employee. For the purposes of this Act, part-time academic
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employees of community colleges shall be defined as those
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employees who provide less than 3 credit hours of instruction
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per academic semester. In this subsection (b), the term
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"student" does not include graduate students who are research
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assistants primarily performing duties that involve research,
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graduate assistants primarily performing duties that are
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pre-professional, graduate students who are teaching
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assistants primarily performing duties that involve the
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delivery and support of instruction, or any other graduate
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assistants.
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(c) "Employee organization" or "labor organization" means
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an organization of any kind in which membership includes
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educational employees, and which exists for the purpose, in
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whole or in part, of dealing with employers concerning
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grievances, employee-employer disputes, wages, rates of pay,
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hours of employment, or conditions of work, but shall not
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include any organization which practices discrimination in
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membership because of race, color, creed, age, gender,
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national origin or political affiliation.
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(d) "Exclusive representative" means the labor
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organization which has been designated by the Illinois
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Educational Labor Relations Board as the representative of the
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majority of educational employees in an appropriate unit, or
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recognized by an educational employer prior to January 1, 1984
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as the exclusive representative of the employees in an
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appropriate unit or, after January 1, 1984, recognized by an
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employer upon evidence that the employee organization has been
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designated as the exclusive representative by a majority of
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the employees in an appropriate unit.
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(e) "Board" means the Illinois Educational Labor Relations
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Board.
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(f) "Regional Superintendent" means the regional
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superintendent of schools provided for in Articles 3 and 3A of
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The School Code.
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(g) "Supervisor" means any individual having authority in
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the interests of the employer to hire, transfer, suspend, lay
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off, recall, promote, discharge, reward or discipline other
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employees within the appropriate bargaining unit and adjust
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their grievances, or to effectively recommend such action if
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the exercise of such authority is not of a merely routine or
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clerical nature but requires the use of independent judgment.
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The term "supervisor" includes only those individuals who
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devote a preponderance of their employment time to such
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exercising authority.
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(h) "Unfair labor practice" or "unfair practice" means any
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practice prohibited by Section 14 of this Act.
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(i) "Person" includes an individual, educational employee,
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educational employer, legal representative, or employee
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organization.
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(j) "Wages" means salaries or other forms of compensation
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for services rendered.
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(k) "Professional employee" means, in the case of a public
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community college, State college or university, State agency
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whose major function is providing educational services, the
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Illinois School for the Deaf, and the Illinois School for the
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Blind
Visually Impaired
, (1) any employee engaged in work (i)
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predominantly intellectual and varied in character as opposed
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to routine mental, manual, mechanical, or physical work; (ii)
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involving the consistent exercise of discretion and judgment
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in its performance; (iii) of such character that the output
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produced or the result accomplished cannot be standardized in
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relation to a given period of time; and (iv) requiring
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knowledge of an advanced type in a field of science or learning
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customarily acquired by a prolonged course of specialized
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intellectual instruction and study in an institution of higher
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learning or a hospital, as distinguished from a general
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academic education or from an apprenticeship or from training
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in the performance of routine mental, manual, or physical
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processes; or (2) any employee, who (i) has completed the
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courses of specialized intellectual instruction and study
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described in clause (iv) of paragraph (1) of this subsection,
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and (ii) is performing related work under the supervision of a
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professional person to qualify himself or herself to become a
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professional as defined in paragraph (l).
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(l) "Professional employee" means, in the case of any
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public school district, or combination of school districts
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pursuant to joint agreement, any employee who has a license
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issued under Article 21B of the School Code.
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(m) "Unit" or "bargaining unit" means any group of
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employees for which an exclusive representative is selected.
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(n) "Confidential employee" means an employee, who (i) in
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the regular course of his or her duties, assists and acts in a
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confidential capacity to persons who formulate, determine and
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effectuate management policies with regard to labor relations
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or who (ii) in the regular course of his or her duties has
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access to information relating to the effectuation or review
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of the employer's collective bargaining policies.
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(o) "Managerial employee" means, with respect to an
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educational employer other than an educational employer of a
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school district organized under Article 34 of the School Code,
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an individual who is engaged predominantly in executive and
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management functions and is charged with the responsibility of
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directing the effectuation of such management policies and
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practices or, with respect to an educational employer of a
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school district organized under Article 34 of the School Code,
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an individual who has a significant role in the negotiation of
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collective bargaining agreements or who formulates and
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determines employer-wide management policies and practices.
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"Managerial employee" includes a general superintendent of
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schools provided for under Section 34-6 of the School Code.
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(p) "Craft employee" means a skilled journeyman, craft
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person, and his or her apprentice or helper.
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(q) "Short-term employee" is an employee who is employed
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for less than 2 consecutive calendar quarters during a
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calendar year and who does not have a reasonable expectation
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that he or she will be rehired by the same employer for the
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same service in a subsequent calendar year. Nothing in this
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subsection shall affect the employee status of individuals who
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were covered by a collective bargaining agreement on January
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1, 1992 (the effective date of Public Act 87-736).
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The changes made to this Section by Public Act 102-1138
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may not be construed to void or change the powers and duties
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given to local school councils under Section 34-2.3 of the
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School Code.
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(Source: P.A. 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22;
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102-1138, eff. 2-10-23; 103-605, eff. 7-1-24.)
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Section 30.
The MRSA Prevention, Control, and Reporting
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Act is amended by changing Section 5 as follows:
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(410 ILCS 120/5)
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Sec. 5.
Definition.
In this Act, "State residential
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facility" or "facility" means: any Department of Human
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Services operated residential facility, including any State
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mental health hospital, State developmental center, or State
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residential school for the deaf and
blind
visually impaired
;
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any Department of Corrections operated correctional center,
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work camp or boot camp; and any Department of Juvenile Justice
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operated juvenile center or boot camp.
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(Source: P.A. 96-438, eff. 8-14-09.)
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