ASI Legislative Updates

Bills Pertaining to Special Education Pending
in the Illinois General Assembly

April 20, 2008
Prepared by Bev Johns

HB 4232 (Lang)

• Amends the Governor's Office of Management and Budget Act and the School Code.
• Provides that anything submitted by the State Board of Education to the Governor or the Governor's Office of Management and Budget under the Governor's Office of Management and Budget Act must also be submitted simultaneously to the General Assembly.
• Terminates the term of each member of the State Board of Education who is in office on the effective date of the amendatory Act and provides for new appointed members to take office.
• Provides for successors to be appointed for terms of 6 (instead of 4) years.
• Establishes a Nomination Panel to provide a list of nominees to the Governor for appointment to the State Board.
• Provides that members of the Nomination Panel must be appointed by majority vote of the following appointing authorities: the Governor, the Attorney General, and the Secretary of State.
• Provides that candidates for nomination to the State Board may apply or be nominated.
• Requires the Nomination Panel to recommend 27 nominees for appointment to the State Board.
• Provides that the Governor may choose only from these nominations, and, after reviewing the nominations, the Governor may select 9 nominees, including the chairperson, for appointment to the State Board, to be confirmed by the Senate.
• Provides that if the Governor does not select all appointees within a certain timeframe, the Nomination Panel may appoint those members not yet selected for appointment by the Governor.
• Provides that appointments by the Governor and Nomination Panel must be confirmed by the Senate by two-thirds of its members by record vote.
• Provides that any appointment not acted upon within a certain timeframe shall be deemed to have received the advice and consent of the Senate.
• Makes changes concerning vacancies on the State Board.
• Provides that the State Board may remove for incompetence, neglect of duty, or malfeasance in office any member of the State Board by a two-thirds vote in favor of removal.
• Makes changes concerning the appointment of a State Superintendent of Education.
• Creates a State Board of Education Advisory Board.
• Adds provisions governing ex parte communications received by the State Board, the State Superintendent of Education, or other State Board employee from the Governor or his or her official representative, employee, or attorney.
• Makes other changes.
• Contains a severability clause. Effective immediately.
• Requires the State Board of Education to provide the General Assembly with a separate budget that shows what is need to fully fund all State mandates and to meet the educational needs of this State (instead of an "ideal world" budget that shows what is needed to fully fund everything).
• In the Section of the School Code concerning the powers and duties of the State Board, provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.
• Provides that the State Board of Education Advisory Board shall be composed of members of the General Assembly.
• Makes changes concerning the selection of co-chairpersons and reimbursement for necessary expenses.
• Makes a technical correction.

STATUS: Passed House. Now in Senate Rules.

HB 4443 (Flowers)

• Appropriates $1,000,000 from the General Revenue Fund to the State Board of Education for autism programs. Effective July 1, 2008.

STATUS: Held on Second Reading House.

HB 4537 (Flider)

• Requires the State Board of Education to promote the annual campaign about disability history and awareness in Illinois.
• Provides that the campaign shall be designed to increase (instead of the campaign shall increase) public awareness and respect for people with disabilities.
• Provides that the instruction may be included in those courses that the school district chooses (instead of the courses of study regularly taught therein).
• Provides that, when possible, individuals with disabilities should be incorporated into the development and delivery of the instruction.
• Requires the regional superintendent of schools to monitor a school district's compliance with the curricular requirement during his or her annual compliance visit.
• Provides that there is no rulemaking authority under the amendatory Act, but that the Governor or a public university may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

STATUS: Passed House. Now in Senate Rules.

HB 4642 (Jakobsson and Ford)

• Amends the School Code.
• Requires the State Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children to research and discuss best practices for addressing the needs of "twice-exceptional" children, those who are gifted and talented and have a disability.
• Requires the Councils to then jointly make recommendations to the State Board of Education with respect to the State Board of Education providing guidance and technical assistance to school districts in furthering improved educational outcomes for gifted and twice-exceptional children.
• Sets forth what the recommendations must include.
• Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. Effective immediately.

STATUS: Passed House. Now in Senate Rules.

HB 4822 (Coulson)

• Provides that "transition services" also includes benefits planning and work incentives education if appropriate.
• Changes certain references from "a student with a disability" to "a child with a disability".
• Requires that transition planning be conducted as part of the IEP process and be governed by the procedures applicable to the development, review, and revision of the IEP.
• Makes changes concerning participants in the transition planning process.
• Makes changes concerning the process for when a student requires transition services from a public or private entity outside of the school district.
• Restores current law, with changes, to provide that the public school's responsibility for delivering educational services does not extend beyond the time the student leaves school or when the student's eligibility ends due to age under the Children with Disabilities Article of the School Code. Effective immediately.
• Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

STATUS: Third Reading House.

HB 5497 (Saviano)

• Amends the Illinois Speech-Language Pathology and Audiology Practice Act.
• Provides that "the practice of speech-language pathology" includes the use of instrumental procedures, including the use of flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat to
  • (i) collect data and measure the parameters of communication and swallowing and
  • (ii) guide communication and swallowing assessment and therapy.
• Provides that instrumental procedures may not be used by a speech-language pathologist as a diagnostic procedure without authorization from a physician licensed to practice medicine in all of its branches.

STATUS: House Second Reading Short Debate.

HB 5764 (Brauer)

• Appropriates $400,000 from the General Revenue Fund to the State Board of Education for grants to the Illinois School Psychology Internship Consortium for Fiscal Year 2009. Effective July 1, 2008.
• Assigned to Elementary and Secondary Education Appropriations Committee.

STATUS: Passed House. Now in Senate.

HB 5914 (Chapin Rose)

• Amends the Election Code and the School Code.
• Provides for a State Board of Education consisting of 7 members elected on a nonpartisan basis at the general election in 2010 and every 6 years thereafter (now, the Board consists of 9 members appointed by the Governor with the advice and consent of the Senate).
• Provides that 3 members shall be elected from the First Judicial District and one member shall be elected from each of the 4 other judicial districts.
• Terminates the term of each member of the Board who is in office on January 1, 2011, when all of the new elected members take office.
• Provides that when the new elected members take office and every 2 years thereafter, one member of the Board shall be elected by the members of the Board to serve as chairperson (now, the chairperson is appointed by the Governor with the advice and consent of the Senate). Makes related changes.

STATUS: Second Reading House.

Senate Bills

SB 1874 (Forby and Bomke)

• Makes a supplemental appropriation of $21,000,000 from the General Revenue Fund to the State Board of Education to be used exclusively for school districts that will receive less funding in the 2007-2008 school year as a result of Public Act 93-1022.

STATUS: Passed both Houses.

SB 1900 (DeLeo)

• (i) [I]n provisions amending the Insurance Code, rovides that benefits available to an individual for treatment for an autism spectrum disorder under a policy of accident and health insurance or managed care plan may not be subject to dollar limits, deductibles, copayments, or coinsurance provisions that are less favorable to the insured than the dollar limits, deductibles, or coinsurance provisions that apply to physical illness generally; provides that an insurer may not deny or refuse to provide otherwise covered services, or refuse to renew, refuse to reissue, or otherwise terminate or restrict coverage under an individual contract to provide services to an individual because the individual or their dependent is diagnosed with an autism spectrum disorder or due to the individual utilizing benefits for autism spectrum disorder; and makes changes in definitions and (ii) removes provisions amending the Limited Health Service Organization Act and the Illinois Public Aid Code.
• Provides that a treatment provider for autism spectrum disorders shall furnish medical records upon request of the reimbursing insurer.
• Provides that the insurer may request a treatment plan when treatment is anticipated to require continued services to achieve demonstrable progress.
• Provides that an insurer must make the determination of medical necessity in a manner that is consistent with the manner used to make that determination with respect to other diseases or illnesses covered under the policy.
• Provides that coverage for medically necessary early intervention services must be delivered by certified early intervention specialists.
• Provides that a diagnosis of autism spectrum disorders may be diagnosis by a licensed clinical psychologist (instead of a certified, registered, or licensed health care professional).
• Makes technical changes.
• Makes other changes. Effective immediately.

STATUS: Passed Senate. Now in House Rules.

SB 1953 (Demuzio)

• Amends the Children with Disabilities Article of the School Code.
• Provides that in implementing a response to intervention (RTI) process for a student suspected of having a specific learning disability or other disability that adversely impacts the academic progress of the student, a school district must comply with specified procedures prior to implementing RTI.
• Provides that if a student who is participating in RTI is alleged to have engaged in behavior that is in violation of a code of student conduct, the school district shall be deemed to have knowledge that the student is a student with a disability, pursuant to federal law, and shall follow the procedures set forth in federal law if the school district proposes to take disciplinary action against the student. Effective immediately.

STATUS: Re-referred to Rules.

SB 2013 (Garrett)

• Amends the Children with Disabilities Article of the School Code.
• With respect to the special education reimbursement to school districts for teachers, provides that the reimbursement is for staff working on behalf of certain children (instead of for those children), and provides for a specified increase in the reimbursement from the 2008-2009 school year through the 2013-2014 school year.
• For each school year thereafter, provides that the reimbursement amount shall equal the amount from the previous school year increased by a percentage increase equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items.
• Increases the reimbursement to school districts for certificated employees who work with or on behalf of students with disabilities full time (instead of teachers, professional workers, directors, school psychologists, and readers) and non-certified employees (instead of necessary non-certified employees) by a specified amount from the 2009-2010 school year through the 2013-2014 school year.
• For each school year thereafter, provides that the reimbursement amount shall equal the amount from the previous school year increased by a percentage increase equal to the percentage increase, if any, in the Consumer Price Index for All Urban Consumers for all items.
• Senate Floor Amendment No. 2 deleted everything and then reinserted the contents of the bill as introduced with the following changes. With respect to the reimbursement for personnel, makes changes concerning the dates to which certain amounts apply.
• Restores current law with respect to the reimbursement amount for readers.
• Makes technical corrections. Effective immediately.

STATUS: Passed Senate Now in House Rules.

SB 2042 (Bond)

• Amends the School Code and the Juvenile Court Act of 1987.
• Makes changes relating to the residency of students in residential facilities and the payment of educational costs in provisions of the School Code concerning tuition for non-resident pupils, determining the resident district with respect to children with disabilities, and special education classes for children from orphanages, foster family homes, children's homes, or in-State housing units and a provision of the Juvenile Court Act of 1987 concerning sentencing orders.
• Adds a Section to the School Code that provides that for any student with a disability in a residential facility placement made or paid for by an Illinois public State agency or made by any court in this State, the school district of residence is responsible for the costs of educating the child and shall be reimbursed for those costs in accordance with the School Code, with payments made by the resident district to the entity providing the educational services, whether the entity is the residential facility or the school district wherein the facility is located, no less than once per quarter unless otherwise agreed to in writing by the parties.
• Provides that the changes made to the Section of the School Code concerning tuition for non-resident pupils apply to all placements in effect on July 1, 2007, and all placements thereafter.
• Makes changes concerning the involvement of the State Superintendent of Education when a dispute arises over the determination of the district of residence under certain of these School Code provisions. Effective immediately.

STATUS: Passed Senate. Now in House.

SB 2379 (Demuzio)

• Amends the School Code.
• Provides that the contract of a director of a joint agreement program may not be offered or accepted for less than one year or more than 3 years (instead of for less than or more than 3 years).
• Makes changes concerning the hearing with respect to a petition for withdrawal, a petition being required to be in compliance with certain School Code provisions, the approval of a petition in the case of a joint hearing, to whom a petition for withdrawal is made, and when the petition of withdrawal takes effect.
• Provides that the contract of a director of a joint agreement program may not be offered or accepted for less than one year or more than 3 years (instead of for less than or more than 3 years).
• Makes changes concerning the hearing with respect to a petition for withdrawal, a petition being required to be in compliance with certain School Code provisions, the approval of a petition in the case of a joint hearing, to whom a petition for withdrawal is made, and when the petition of withdrawal takes effect.
• Provides that the changes made by the amendatory Act apply to all changes to special education joint agreement membership initiated after July 1, 2008. Effective immediately.

STATUS: Passed Senate. Now in House Rules.

New Children's Medicaid Waiver

June 21, 2007
After several years of advocacy by ASI and others, Illinois finally applied for — and the federal Centers for Medicaid and Medicare Services just approved — a new children’s Medicaid waiver for kids with DD’s including autism, to begin July 1, 2007. This new federal/state program will allow families to receive up to $14,952 annually in home support services, which may include:

• Applied Behavior Analysis (ABA),
• Relationship Development Intervention (RDI) and other therapies,
• respite care,
• case coordination,
• home modifications,
• and other self-directed services.

(Yes, YOU get to choose who serves you, not the other way around.)

The final budget from Springfield will determine how much new funding this program will receive (and how many new families will be added to the program). However, we now have the commitment of Governor Blagojevich that the state will reinvest every dollar received from the federal government for this waiver. This means that the waiver will increase the number of families served by 50% per year. This is a big step, although not big enough to serve more than a few hundred children. That’s why we need our legislators and our Governor to remember us as a priority in their budget negotiations.

If you haven’t called already, please call your state senator and rep. Ask them to insist that new money is in this budget to serve some of the thousands of families with children with autism and other developmental disabilities that are waiting for urgently needed help to keep our kids at home and out of institutions.

Also this session, we passed all of the following bills out of both houses (they are presently pending certification or are now in front of the Governor to be signed into law):

1. SB 79 requires special education teams to consider various aspects of autism in developing these students’ education plans.
2. SB 51 opens access to the state’s DD waitlist by eliminating the requirement that a child with autism have an IQ below 70.
3. SB 1245 is a response to several cases of abuse of adults with autism. The bill requires the state’s Department of Human Services to study and report on increasing the use of electronic monitoring to prevent abuse and neglect in facilities that care for those with autism and other developmental disabilities.
4. HB 1535 requires DHS to research possible funding streams for the development and implementation of services for adults with autism spectrum disorders without mental retardation.
5. HB 3454 requires probationary police officers to undergo training in autism.
6. HB 2808 provides for an autism awareness license plate.

The following add on to last year’s laws:

1. Public Act 94-906 added 20 hours of speech therapy to certain insurance policies for kids with pervasive developmental disorders (including all autism spectrum disorders) to existing mental health insurance coverage requirements (meaning that a child can now receive 80 hours of therapies per year).
2. Public Act 94-196 set up an educational center of excellence for Giant Steps in Burr Ridge.
3. Public Act 94-442 set up a tax check off to create an autism research fund.

Other bills have passed, such as a CILA bill this year and the Autism Registry bill last year, but both were subject to appropriation, which has not come through yet.

Waiver Progress Report

June 12, 2007
What does the Home-Based Support Waiver mean for my family? See the interim fact sheet for more information and clarification.
Source of information: Tony Paulauski, The Arc of Illinois, June 12, 2007

Included in this fact sheet are:

1. What is the Home-Based Supports Waiver for Children?
2. Who is eligible to apply for the waiver?
3. What does at risk of out-of-home placement mean?
4. How do I get started with the application process?
5. What is covered by the new waiver?
6. What financial resources are available to families?
7. Are there any co-payments or family fees for supports in this waiver?
8. Who helps families find providers and access services under the new waiver?
9. When will the new waiver begin?
10. How can I get more information about the new waiver?
11. What options are available for my child in the meantime?

Click here (PDF) to see the interim report on the Home-Based Support Waiver.

Children's Waiver Approved: Direct Services Start July 1

June 6, 2007

Yesterday the federal Centers for Medicare and Medicaid Services approved the state's application for the new children's in-home supports waiver! This is the culmination of our four-year effort to implement a program that we hope will have a major impact on thousands of persons with autism and other developmental disabilities for many years to come.

But, we're not quite where we need to be just yet. We need $52 million for 3,126 new families THIS YEAR! We need to make sure the final budget includes many more of our loved ones. Please keep up the pressure to support children and adults on the waiting list.

Click here for details on how to make calls to legislators today.

ASI Legislative News...
and other recent items relevant to the Illinois autism community

May 25, 2007

Two Bills to Help Children with Autism Pass House and Senate
Two bills introduced by State Senator Susan Garrett (D-Lake Forest) to assist children with autism and their families have passed both the Illinois Senate and the House of Representatives and await the Governor’s signature.

Click here to read the press release.

February 13, 2007

CDC Study: 1 in 150
The latest CDC study reports autism is now estimated to affect 1 in every 150 children, up from the last study showing 1 in 166 (which itself was up from previous studies, etc.). Hundreds of thousands of Americans have autism and many more are directly impacted. However they got here, they need services (ask any school district if the increase is real!). Most families provide most of the care needed for their loved one with autism, yet only 5% of government spending is directed toward them -- and this is much lower in Illinois. We still rank among the very worst states in providing for families affected by autism and other developmental disabilities. This needs to be changed: Support the ASI agenda and get your legislators and our Governor to support our families.

Click here to read the CDC's "A Report from the Autism and Developmental Disabilities Monitoring (ADDM) Network".

Pediatrics: Autism and Parenting Stress
Lost in the publicity about the new autism numbers this week was yet another study confirming the high stress levels common in raising a child with autism. These studies underscore the need for improved services and supports for our families.

Excerpt: "Parents of children with autism were more likely to score in the high aggravation range (55%) than parents of children with developmental problems other than autism (44%), parents of children with special health care needs without developmental problems (12%), and parents of children without special health care needs (11%)."

Click here to read the abstract.

Illinois Advocates' Press Conferences in Springfield
The Autism Society of Illinois, The ARC of Illinois and the Family Support Network have joined together in calling for increased funding for Illinois families to use in their homes and communities. We held a press conference in the capitol with several of our families on the first day of Illinois' legislative session. Media placements included WGN Radio, NPR, WICS-TV Springfield, and an article in the Springfield Journal Register, excerpted here:

Excerpts:"Advocates for Illinoisans with developmental disabilities urged lawmakers Tuesday to increase state funding for those programs by $52 million in the next fiscal year... . The additional money would provide services to 3,126 more Illinoisans with developmental disabilities, the advocates said during a Statehouse news conference."

Increase No Surprise to Education Expert

Excerpts: "The new national study showing higher-than-expected incidences of autism comes as no surprise to special education personnel and autism advocates, says a special education professor at the University of Indianapolis. . . [Dr. John] Somers hopes that the findings of the study will lead to more funding to care for autistic children. "This documented increase in autism should put pressure on state legislatures and Congress to address the monetary resources that schools and society will need to meet the needs of autistic children and their families."

Ed. note: Here in Illinois this week, two bills relating to autism education have moved to committees. Sen. Susan Garrett has introduced an ASI initiative to improve the IEP process for kids with autism (SB79) and State Rep. Mary Flowers has introduced a bill to increase the budget for ISBE's autism teacher training program, the Illinois Autism Training and Technical Assistance Project (HB383). More on these bills and others in future issues.

Click here to read the full article, "Increases in Autism Rates Not Surprising to Education Expert," Medical News Today.

How Are Bills Passed in Illinois?
For more information on the Illinois legislative process, click here and scroll to link for "How a bill becomes law in Illinois." (For less serious insight, click the image to the left.)

YouTube Video: Fund Illinois Autism Services
We need fair funding for the new children's waiver and the adult waiver, which is set for renewal this year. These waivers can help keep our loved ones in our homes and communities and provide them with the crucial help they need. Watch this video of news and parent testimony from last year's legislative hearings, shot and edited with the generous help of ASI member John Haderlein.

Click here to watch the video clip, "Autism: The Hidden Epidemic"

Save The Dates!

February 19, 2007: Legislative Forum on Autism
State Representative Mike Fortner, 95th District and Franco Coladipietro, 45th District will be co-chairing this event on Monday, February 19th at 7:00 p.m. in Wheaton at the Community Center (1777 Blanchard). February 24, 2007: Autism Society of Illinois' Parent and Professional Networking Conference in Elmhurst.

May 16, 2007: LOBBY DAY!
Join us and hundreds of parents and advocates in Springfield. Change the way Illinois treats individuals with autism and other developmental disabilities.

Click here for the ASI Calendar.

Look Up Your State Legislators
Call, write and meet with your state rep and senator. Our success depends on you!

Click here to find your state legislator.

Please note that the above articles and excerpts are posted for informational purposes only. The use of logos and links of other entities does not imply endorsement or any relationship of any kind. The content of the articles is the responsiblity of their respective authors and publishers and does not necessarily represent the opinions or viewpoints of the Autism Society of Illinois, its Board of Directors or membership.

Sincerely,
Christopher M. Kennedy
Legislative Director, Autism Society of Illinois